This week is shaping up to be a major one in the case of retired Lieutenant General Mike Flynn. Flynn, if you recall, was the retired director of the Defense Intelligence Agency, the man who had basically re-engineered how intelligence was processed and acted upon in Iraq and Afghanistan, who was tapped by President-elect Donald Trump to be his first National Security Advisor. As it turned out, he was the first victim, as far as we know, of the slow-motion coup engineered by James Clapper, John Brennan, James Comey, Sally Yates, and other NeverTrump Obama appointees and Clinton supporters. Flynn was forced to resign over an FBI sourced accusation that he’d liked to Vice President Mike Pence and was eventually coerced into pleading guilty to a charge of ‘lying to federal agents’ even though the agents interviewing Flynn said, in writing, that they did not believe he had lied.
Flynn’s counsel, as it turned out, was hopelessly conflicted–they’d prepared the FARA documents that served as the basis of Flynn’s indictment–and, it seems, were at least as interested in protecting their own interests as those of Flynn. Eventually, Flynn fired them and hired the take-no-prisoners Sidney Powell who has revealed the conduct of the government and of Flynn’s counsel a flaming dumpster fire of ethical violations. This culminated in January when Flynn requested to withdraw his guilty plea.
Last Friday, the Department of Justice turned over more Brady and Giglio material. Since then it has been one revelation after another. This is RedState coverage of the story:
Over the past couple of days, there has been some movement in Flynn’s case that indicates that it may be on the verge of a just resolution…at least just in a world where prosecutors can deliberately target political opponents, reduce them to poverty, and try to send them to prison for a long time and have nothing happen to them when they are caught out.
Here are the significant points. The investigation of Flynn’s case has been handled by the US Attorney for the Eastern District of Missouri, Jeff Jensen. His office uncovered additional documents that had not been turned over by the FBI. Shocker. Right?
The US Attorney for ED Missouri has been conducting a review of the Flynn investigation.
These documents are under seal and likely have to do with this story by @seanmdav on FBI misconduct.
“Additional documents may be forthcoming.”https://t.co/ZLvAWAFoTM
— Techno Fog (@Techno_Fog) April 24, 2020
BREAKING: @SidneyPowell1 confirms that following redactions, DOJ and Powell will enter a consent order for the unsealing of Exhibit 3 which is the recently discovered (by outside U.S Attorney) and turned over FBI material related to @GenFlynn.
— Margot Cleveland (@ProfMJCleveland) April 28, 2020
This is Andy McCarthy’s take on what the new documents reveal:
In the motion, Powell argues that the new information “proves Mr. Flynn’s allegations of having been deliberately set up and framed by corrupt agents.” She elaborates that the evidence that has finally been communicated to her
defeats any argument that the interview of Mr. Flynn on January 24, 2017, was material to any “investigation.” The government has deliberately suppressed this evidence from the inception of this prosecution — knowing there was no crime by Mr. Flynn.
This goes to the point I’ve been pressing for years. There was no good-faith basis for an investigation of General Flynn. Under federal law, a false statement made to investigators is not actionable unless it is material. That means it must be pertinent to a matter that is properly under investigation. If the FBI did not have a legitimate investigative basis to interview Flynn, then that fact should have been disclosed as exculpatory information. It would have enabled his counsel to argue that any inaccurate statements he made were immaterial.
The other item which shows the extent to which that Flynn’s former counsel failed in its duty is demonstrated in this filing and subsequent order by Judge Emmett Sullivan:
Response from Judge Sullivan:
Covington must “re-execute a search of every document and communication” re: Flynn – and produce it to Powell. pic.twitter.com/9ZvpzOmHBj
— Techno Fog (@Techno_Fog) April 28, 2020
How do you miss 6,800 documents related to one of the most politically charged cases your law firm has ever handled?
Judge Sullivan seems to have also grown tired of this:
UPDATE APRIL 27: Judge Sullivan orders DOJ to respond to the motion to dismiss by May 11, Flynn to respond to that by May 18 pic.twitter.com/UZspW9Q5WK
— Undercover Huber (@JohnWHuber) April 27, 2020
None of this is to say that Sullivan will toss the guilty plea and order a trial or even find the government’s conduct unsatisfactory. Sadly, Sullivan has shown himself to be incredibly prejudiced against Flynn, at one point equating his conduct with treason, and has been AWOL every time a new government abuse has been uncovered. I suspect that he’ll accept the guilty plea, say ‘mistakes were made,’ and head towards a sentencing hearing and force President Trump to issue a pardon.