With each passing day, more evidence suggests the indictment of former National Security Adviser Ret. Lt. Gen. Michael Flynn was a dubious one.
In what would be an insurmountable blow to special counsel Robert Mueller’s unchecked Russia probe, former federal prosecutor Sidney Powell says if there is a man who can bring justice for Flynn, it’s Judge Emmet G. Sullivan.
As the Daily Caller reported last week, Sullivan “issued a “Brady” order requiring Mueller to provide Flynn all information that is favorable to the defense whether with respect to guilt or punishment.”
According to Margot Cleveland of The Federalist, the order suggests “bombshell are likely ahead.”
The Federalist reports:
With a protective order in place, Flynn’s attorneys should start receiving the required disclosures from the special counsel’s office. There is reason to believe these will include some bombshells.
First, we know from the recently released GOP House Intelligence Committee memo and the Grassley-Graham criminal referral of Christopher Steele, the FBI and DOJ withheld significant (and material, in my view) information in seeking a Foreign Intelligence Surveillance Act (FISA) warrant to conduct surveillance on Trump campaign volunteer Carter Page. There is cause to believe the FISA court was connected to the criminal charge filed against Flynn because Contreras, who recused less than a week after accepting Flynn’s guilty plea, “is one of just three FISA court judges who sits in the District of Columbia, where it is likely the Trump-Russia FISA warrants were sought.”
Was other evidence withheld, either from the FISA court or from Flynn’s attorneys in negotiating a plea? Again, there is reason to believe so, given the players involved and the facts already uncovered. […]
Mueller must now provide Flynn all exculpatory evidence: Significantly, if the information is favorable to Flynn but the special counsel’s office believes it is immaterial, government attorneys must nonetheless provide the evidence to Sullivan to allow him to make the call. In other words, Mueller’s team cannot unilaterally decide what evidence matters, as the Department of Justice did in applying to the FISA court for a surveillance warrant on Page while withholding the key fact that Hillary Clinton and the Democratic National Committee paid for information crucial to the application.
Earlier this month, Byron York of the Washington Examiner reported former FBI Director James Comey told congressional investigators he did not believe Flynn lied during an unannounced interview with agent Peter Strzok on January 24th, 2017.
According to veteran political operative and Infowars correspondent, Roger Stone, lawyers for Flynn are preparing legal action to have all charges against him dropped.
“Due to the status of the Special Counsel’s investigation, the parties do not believe that this matter is ready to be scheduled for a sentencing hearing at this time,” the special counsel asked the court.
Mueller's office and lawyers for Michael Flynn want more time, per new filing:
"Due to the status of the Special Counsel's investigation, the parties do not believe that this matter is ready to be scheduled for a sentencing hearing at this time." https://t.co/9QCVGan0bo pic.twitter.com/Jrsepgwwwd
— Zoe Tillman (@ZoeTillman) January 31, 2018
The court filing stated the special counsel could not determine a sentencing date for Flynn and requested a 90-day extension.
On December 1st, 2017, Flynn plead guilty to lying to FBI agents about making contact with Russian Ambassador Sergey Kislyak during the transition period.
