Did The Mueller Team Violate Brady and Flynn Orders?

jonathanturley.org ^ | May 5, 2020 | Jonathan Turley

[Arones]

With the release of the new material from the case of Michael Flynn, an array of experts came forward to assure the public that it was all standard procedure for investigators to conclude that there was no criminal conduct uncovered and then prosecutors creating a crime (including the use of a clearly unconstitutional law never used to convict anyone since the start of the Republic). Many of these same experts who have been espousing untethered (and ultimately rejected) theories for criminal and impeachment charges for years. Yet, what was most striking is how many also rejected any claim that the undisclosed evidence, at a minimum, violated Brady, the case requiring the government to turn over exculpatory information. Indeed, Ben Wittes, a staunch defender of James Comey, assured readers “while you might not know much about federal law enforcement,” this is all “standard practices.” In fact, this is a clear and flagrant violation of the both Brady and the orders of Judge Emmet Sullivan. The fact that such violations are also dismissed by mainstream media and experts reflects how rage has distorted legal analysis in this Administration.

Brady v. Maryland is a 1963 decision of the Supreme Court that prosecutors must under the Fifth and Fourteenth amendments disclose favorable evidence to defendants upon request, if the evidence is “material” to either guilt or punishment. There are also due process rights requiring the disclosure of any evidence that would allow the defense to attack the reliability, thoroughness, and good faith of the police investigation or to impeach the credibility of the state’s witnesses. Kyles v. Whitley, 514 U.S. 419 (1995).

[lepton]

This too:

https://jonathanturley.org/2020/05/09/president-obama-declares-there-is-no-precedent-that-anybody-can-find-for-the-flynn-motion-he-may-want-to-call-eric-holder/