Posted on 09/11/2019 8:03:49 PM PDT by ransomnote
Former National Security Advisor Army Lt. Gen. Michael Flynn’s defense attorney filed a motion Wednesday to compel the government to turn over a trove of documents, recordings, internal texts, emails and notes that the defense believes will vindicate Flynn, while at the same time revealing the ‘egregious’ behavior of government prosecutors.
Defense attorney Sidney Powell filed the motion unsealed to U.S. District Court Judge Emmet Sullivan on Wednesday. The motion was originally filed on August 30, and is requesting that the court compel the government to deliver the Brady Material pursuant to the court’s scheduling order yesterday.
The motion also reveals that Flynn took a polygraph in 2016, passed the exam and had his security clearance renewed, despite former Director National Intelligence James Clapper’s refusal to assist in the investigation or renewal process for Flynn’s clearance, Powell said. It occurred at roughly the same time the government was continuing to investigate him. It also reveals that he had briefed the Defense Intelligence Agency prior to meeting with Turkish and Russian officials. However, the prosecutors are still hiding all the exculpatory evidence, which shows the details of his workings with the DIA prior to his meetings with any foreign contacts. Flynn, who was previously director of the DIA, had briefed his former agency since he resigned in 2014.
MORE AT LINK
Too bad that a polygraph isn’t admissable as evidence.
The Brady Rule is a rule that all parts must be satisfied.
“The defendant bears the burden to prove that the undisclosed evidence was both material and favorable. In other words, the defendant must prove that there is a “reasonable probability” that the outcome of the trial would have been different, had the evidence been disclosed by the prosecutor. See Kyles, 514 U.S. at 433 (1955). Bagles and Kyles Court further defined the “materiality” standard, outlining the four aspects of materiality. First, the “reasonable probability” of a different result is not a question of whether the defendant would more likely than not have received a different verdict with the evidence, but whether the government’s evidentiary suppression undermines the confidence in the outcome of the trial. The second aspect is that it is not a sufficiency of evidence test, and the defendant only has to show that the favorable evidence could reasonably be taken to put the whole case in such a different light as to undermine the confidence in the verdict. Third aspect is that there is no need for a harmless error review, because a Brady violation, by definition, could not be treated as a harmless error. Fourth and final aspect of materiality the Kyles Court stressed was that the suppressed evidence must be considered collective, not item by item, looking at the cumulative effect to determine whether a reasonable probability is reached. See Kyles, 514 U.S. at 433-438”
Powell has one helluva of a wish list there. If she gets half of that she’ll blow this scam completely up.
While the results of the polygraph may not be admissible as proof of guilt or innocence in a criminal trial on its own, it is still an investigatory tool and the fact that a polygraph was willingly taken and his clearance adjudicated, as well as all the findings of the clearance reinvestigation and adjudication of Flynn’s clearance should be admissible.
If he balked at a polygraph or had trouble getting through one, you’re kidding yourself if you think some deep state lawyer wouldn’t find a way to insert that fact into a trial and use it against him.
How does Barr play into all of this? Does not the prosecutors in this case fall under his jurisdiction?
Thank you for the info.
I don’t think the issue is admissibility, but the suppression of information like that suggests their intent to prevent him from a fair trial. Just my 2 pesos.
In “Q” you trust.
methinks she is asking for some things she already knows the answer to...maybe they do have it all...if I was weissman (wise-man roflmao) and the rest of the coup after seeing that list I would be sweating bullets...couldn’t happen to a nicer guy/s
Even if muller’s savages are found to be corrupt, they will simply move on to the next platform, as seen in weisman’s career.
Does anyone have a link to the actual motion? It’s public record so someone must have a copy somewhere.
What she is asking for is a good indication that she knows already what is contained in the documents. This is the roadmap to taking down the cabal. Durham and Barr need to use the list in their investigation. Too bad Flynn didn’t hire Powell in the beginning. She knows how Weissmann operates. She wrote the book on it.
PLEASE, PLEASE, EITHER THROW OUT HIS PROSECUTION COMPLETELY, OR GRANT GENERAL MICHAEL FLYNN A FULL AND COMPLETE PARDON!
https://www.facebook.com/groups/EXONERATEMICHAELFLYNN/
TH US government is as corrupts as Mexico’s.
I bet they say they lost the data.
TH US government is as corrupts as Mexico’s.
I bet they say they lost the data.
bkmk
I noted that Clapper refused to assist in renewing Flynn’s clearance with a great deal of interest. I happen to know both of these guys - Flynn better than Clapper, and I have to honestly say that, as I told a former boss and general officer after having briefed Clapper on some unconventional warfare issues, “General Clapper has to be the dumbest general officer I’ve ever met. He had no knowledge of the material, nor any interest in it and didn’t understand a damned thing I spoke about.” (I was strongly encouraged to speak frankly.) I ran into him several times later in my career and I’ve seen no reason to change my opinion of him; witness his testimony to Congress on terrorism. To coin a term my father, a retired Air Force CMSgt, used to use, “I wouldn’t piss on him if he was on fire.”
By contrast, Mike Flynn is one of the finest officers I’ve ever known and I have a very hard time believing he ever lied to anyone about anything; his reputation was quite the opposite - even as a general. He took serious heat for publishing an article about fixing intelligence operations in Afghanistan and going around DoD to get it published. We joked one time about a comment in one of my OERs, which stated, “Captain (my name) is brutally frank and honest to a fault.” When I thanked my senior rater, he stated, “Oh, I didn’t mean it as a compliment.” Mike had similar comments in OERs. To sum it up, he took the hard road to becoming a general officer via the 82d Airborne, XVIIIth Airborne Corps, SOCOM and JSOC - especially as an MI officer. One soldier who had served in Mike’s battalion said, “COL Flynn’s soldiers would jump on a grenade for him.”
Don’t be surprised if it turns out that he is not only completely exonerated in this steaming pile of BS, but that he contributed to a much larger operation in the process and “took one for the team” like he took one for his son - he’s that kind of guy.
“”THAT PRODUCTION ALSO SHOWS THAT MR. FLYNN PASSED HIS POLYGRAPH TEST IN 2016 AND HIS SECURITY CLEARANCE WAS RENEWED, POWELL’S MOTION STATES.””
Since he passed a polygraph, maybe Trump should appoint Flynn as National Security Advisor.
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