On October 24th, 2019, Sidney Powell filed a Motion to Compel the production of Brady material (exculpatory evidence) in defense of Lt. Gen. Michael Flynn, and to hold the prosecutors who refused to produce it in contempt.
Powell’s 37-page filing was packed with stunning evidentiary declarations that demand further scrutiny by the court. Among Powell’s allegations are:
- Joseph Mifsud’s phones were in Durham’s possession,
- Allegations by Powell that Lisa Page had edited Flynn’s 302’s, and that Page inserted lies to frame NSA Flynn, so they supported the corrupt narrative,
- Previously unseen texts between Page and Peter Strzok that discuss the Flynn entrapment plan,
- Phone records showing a quote from ODNI James Clapper telling WaPo reporter David Ignatius to “take the kill shot on Flynn”,
- There is reason to believe Office of Net Assessment Director James Baker was Stephan Halper’s handler,
- Baker leaked the transcript of Gen. Flynn’s phone calls to Ignatius.
- The 302’s themselves were written with lies that do not match notes taken during the interview.
- The felony leaker of the Flynn-Kislyak phone call is named (James Baker).
- The purposeful use of Judge Contreras to take the December 1st 2017 plea agreement.
There’s more, much more.
In response to Powell’s filing, DOJ attorney Brandon Van Grack filed what amounted a homina homina surreply that defied legal consistency:
- The government had no legal obligation to provide exculpatory Brady material prior to the plea agreement (Nov 30th, 2017).
- After the plea agreement the government had no legal obligation to provide exculpatory Brady material that was not directly related to the evidence about the charge of Flynn lying to investigators during the January 24th, 2017, interview.
- The government uses odd language to claim a draft of the Flynn interview report (FD-302) does not exist prior to their Feb 10th construct: “Even if an earlier draft of the  once existed, there is no reason to believe it would materially differ” from the agents’ notes. Sounds sketchy, like they know an earlier draft does likely exist.
- The government severely understates the conflict of interest created by the DOJ using the leverage of an incorrectly completed FARA submission to pressure the Flynn plea. (dig deeper)
Presiding Judge Emmet Sullivan then granted Powell the opportunity to file a sur-surreply. She did just that yesterday and it was a devastating dissection of the prosecution’s case.
One by one, Powell dismantled the lies, misrepresentations, and skewed legal concepts prosecutors relied on in their surreply. This makes sense when pausing to consider that prosecutors never expected to have to defend their actions after a Hillary Clinton win.
But it’s what Powell wrote in her conclusion that should rock the corrupt DOJ prosecutors to their core.
At this time Powell, on behalf of Gen. Flynn is only asking for an order compelling the government to produce the Brady material requested earlier in order to force the court to to hold the conspirators in contempt.
Flynn, through his attorney, says he will ask for the case to be dismissed at a later time.
For now, Gen. Flynn, an American patriot who earned that title after a 30-year track record of fighting injustice wherever he found it, is going after the injustice at the DOJ and FBI.