It’s been a very long road, and by now, most readers are quite familiar with the ins and outs of the Michael Flynn prosecution saga. He has been in suspense for months waiting to find out if he will be allowed to rescind his guilty plea in federal court to a manufactured perjury charge, entered in December of 2017.
This past Friday, the Justice Department moved on to a new phase by filing, under seal, “Brady” material long requested by Flynn’s defense. For many months, individuals in the DOJ resisted producing the material.
Attorney General Barr assigned a review of it outside the U.S. Attorney’s office for the District of Columbia, which has been prosecuting the Flynn case. Barr tagged the USA for the Eastern District of Missouri (EDMO) to perform the review, and it was that office that forwarded the material to the court on 24 April 2020.
Both Flynn’s lawyer, Sidney Powell, and sources in the DOJ cited by reporters and bloggers say the material is exculpatory for Flynn. Sean Davis at The Federalist cited an FBI source who told him the contents would reflect poorly on the Bureau as well.
They can certainly be expected to, if Sidney Powell’s supplement to Flynn’s motion to dismiss the case is even close to accurate. She minced no words in the supplement filed on Friday:
This afternoon, the government produced to Mr. Flynn stunning Brady evidence that proves Mr. Flynn’s allegations of having been deliberately set up and framed by corrupt agents at the top of the FBI. It also 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.
In addition, Mr. Flynn’s counsel has found further evidence of misconduct by Mr. Van Grack specifically. Not only did he make baseless threats to indict Michael G. Flynn, he made a side deal not to prosecute Michael G. Flynn as a material term of the plea agreement, but he required that it be kept secret between himself and the Covington attorneys expressly to avoid the requirement of Giglio v. United States, 405 U.S. 150 (1972). Exs. 1, 2.
Powell went on further to state that “Since August 2016 at the latest, partisan FBI and DOJ leaders conspired to destroy Mr. Flynn. These documents show in their own handwriting and emails that they intended either to create an offense they could prosecute or at least get him fired.”
Powell and the judge, Emmett Sullivan, have not always seen eye to eye in the courtroom, in part (in my view) because Sullivan takes exception to what he sees as her theatrics. Powell is known for her pugnacious, take-no-prisoners approach. But she couldn’t file a document containing such sensational assertions unless what she’s describing is actually there, in the material forwarded by U.S. Attorney Timothy Shea of the EDMO.
And if it is, dropping the case against Flynn should be only the start of the wave from here. Is the case to be dropped?
Maria Bartiromo has been told that should come this week.
— Maria Bartiromo (@MariaBartiromo) April 26, 2020
President Trump retweeted her tweet on the matter.
Here we go! pic.twitter.com/qjjX9aWYpC
— Shem Horne (@Shem_Infinite) April 27, 2020
Since the file under seal was made on Friday, case-watchers have fingered FBI counsel Dana Boente, FBI Director Christopher Wray, and attorney Brandon Van Grack of the USA for the District of Columbia as likely targets of further investigation – each because of a role in mishandling the Flynn case in its more recent stages. Those names don’t get back to the original agents and attorneys potentially engaged in malfeasance.
So we will have to wait to see who is tagged. We also have more waiting before us to see if – I would say when – James Comey sees the “justice” he intoned for Michael Flynn on that long-ago day, 1 December 2017, served back to him.
“But justice roll down like waters and righteousness like an ever-flowing stream” Amos 5:24 https://t.co/o89PSY1YBd
— James Comey (@Comey) December 1, 2017
Let justice roll down like waters, and righteousness like an ever-flowing stream. Yes.