Sep 5, 2019Hearing (Ex Parte) for proceedings before Judge Emmet G. Sullivan held on 9/5/2019 as to Michael T. Flynn. The Court held an ex parte and sealed hearing with Mr. Flynn and defense counsel to consider Mr. Flynn's request for the Court's intervention on counsels request for security clearances. See Joint Status Report, ECF No. 107 at 2-3 (stating "the government continues to deny [Mr. Flynn's] request for security clearances. [Mr. Flynn's] attempts to resolve that issue with the government have come to a dead end, thus requiring the intervention of this Court."); see also United States v. Musa, 833 F. Supp. 752, 756-57 (E.D. Mo. 1993) (to determine the need for a security clearance, a Court may conduct an ex parte hearing). The Court advised counsel that it intends to resolve 109 Motion to Compel Production of Brady Material before addressing any Court intervention regarding security clearances for Mr. Flynns counsel. Bond Status of Defendant: PERSONAL RECOGNIZANCE; Court Reporter: SCOTT WALLACE; Defense Attorney: SIDNEY POWELL, JESSE BINNALL, WILLIAM HODES, MOLLY MCCANN, LINDSAY MCKASSON; (mac)
If I’m reading that excerpt right, it sounds like the judge isn’t going to order USG to provide clearances until and unless he gets to see the expected Brady Material?
https://www.law.cornell.edu/wex/brady_rule
If Brady Material shows exculpatory evidence, then I’d think the judge would consider tossing the case, obviating the need to give clearances to Sidney Powell.