Flynn Lawyers Urge Court Intervention for Clearance to View Potentially Exculpatory Classified Files

Epoch Times ^ | August 30, 2019 | Ivan Pentchoukov

[Cboldt]

The attorneys for former National Security Adviser Michael Flynn called for a court intervention on Aug. 30 as the government continues to deny them security clearances required to view classified documents which they say likely contain exculpatory information.

"Our attempts to resolve that issue with the government have come to a dead-end, thus requiring the intervention of this Court," the attorneys for Flynn state in a status report filed on Aug. 30. ...

The judge in the case ordered the defense and the prosecution to file a status report on Aug. 30 to brief the court on the status of Flynn’s cooperation, whether the case is ready for sentencing, suggested dates for the sentencing and "any issues that would require the Court's resolution prior to sentencing." In the status report, the defense and the prosecution said they didn't agree on any of the items and filed separate responses.

[Cboldt]

Docket for United States v. FLYNN, 1:17-cr-00232, District Court, District of Columbia

Aug 30, 2019

MINUTE ORDER as to MICHAEL T. FLYNN. In view of the parties' 107 Joint Status Report, the Court, sua sponte, schedules a status conference for September 10, 2019 at 11:00 AM in Courtroom 24A. Signed by Judge Emmet G. Sullivan on 8/30/2019.

Joint Status Report filed August 30 (small pdf file)

[eyeamok]

“the government is not aware of any classified information that requires disclosures to the defendant or his counsel.”

Sen. Charles Grassley revealed the existence of the memo

Gee, it appears as if the Prosecution is LYING and Committing a FRAUD upon the Court. I wonder why the Judge hasn’t JAILED the Prosecutor for Contempt?

nevermind, Gubmint Employee’s are EXPECTED TO LIE TO THE COURT, Only private citizens are accountable for their actions.

[wastedyears]

A judge has a hand in security clearance? Even if it is Sullivan, we’re ruled by black-robed tyrants.

[Cboldt]

From the joint status report ...

Our client held the highest security clearance the government provides. We know--but not in any detail because of our lack of clearance--that he briefed and debriefed the DIA about his foreign contacts and travel. All that material is relevant to the charges against him, and it is most likely Brady material to boot. Although Mr. Flynn was a civilian at the time, that information remains classified-- or at a minimum withheld from the defense.

There is other information relevant to the defense that is either classified or being suppressed by the government, not the least of which are the transcripts and recordings of the phone calls that supposedly underpin the charges against Mr. Flynn. The government has steadfastly refused to produce those - even to this Court. The Inspector General of the Department of Justice has completed one or more relevant reports that include classified sections, and he is completing additional reports that reportedly will include a large classified section - a significant portion of which will almost certainly relate to Mr. Flynn. We must have access to that information to represent our client consistently with his constitutional rights and our ethical obligations.

Second, the government has also failed to produce, among other things, the original or first draft of the FBI 302 of the interview of Mr. Flynn on January 24, 2017, and the 1A file which we have repeatedly requested, and any records or documents that show everyone who made changes to that 302.

There is an allegation that the FBI record of the meeting with Flynn was doctored by members of the coup team.

In the same filing, the government says defense counsel is lying.

The government has exceeded its discovery and disclosure obligations in this matter, including those imposed pursuant to Brady v. Maryland, 373 U.S. 83 (1963), and the Court's Standing Brady Order dated February 16, 2018. That includes the provision to the defendant of over 22,000 pages of documents. Among those documents are all versions in the government's possession of the FBI report of the January 24, 2017 interview of the defendant and the interviewing agents' notes. The defendant and his prior counsel were in possession of those notes and draft reports of the January 24 interview before his scheduled sentencing on December 18, 2018.

[Robert DeLong]

Perhaps President Trump can intervene.

[Alberta's Child]

I have almost completely lost interest in this story. Flynn pleaded guilty in late 2017, and his lawyers are asking for copies of documents in August 2019? I’m going to assume something is going on behind the scenes here, because very little about this case ever made any sense to me.

[Cboldt]

-- A judge has a hand in security clearance? --

Not directly. CIPA can be used to referee the issue. The judge looks at unredacted material, and rules on relevancy. If the government insists on withholding from defendant, the court is "required" to take the redacted mateial as being disfavorable to the government's position.

The Scooter Libby trial had a significant amount of CIPA action. http://noeasyanswer.blogspot.com/2006/12/pretrial-issues-in-us-v-libby.html

[Liz]

Worshipful Susan Rice gets her daily orders from the Obama police state.

"Get me dirt on Penguin books so I can shake them down for big books on my book contract."
"Lois Lerner loved that dirt you got on conservatives."
"And get me the IRS files of Harry Reid, Chuck Schumer and Nancy Pelosi."

=========================================

Susan Rice....ex-Obama factotum....knows plenty.

Let us not forget.......Flynn was her replacement in the Trump admin.

Flynn would get to know all the sordid details about what Obama and his crew were up to
viv a vis spying on Trump and the attempt to deny him office.

The inauguration day memo Rice stupidly wrote to herself is actually a confession to numerous crimes.

[Nifster]

Go Sydney

[grumpygresh]

This exemplifies the problem with Trump. My thought is that Trump and family has been blackmailed or ouright physically threatened by deep state operatives so he let Barr come in and protect elites. But, they won’t let him pardon the little people: Flynn, Manafort, Stone. Either that or Trump is just too self centered and let’s his associates go under the bus.

Flynn shouldn’t have to go through this crap. This serves as an unfortunate warning for anyone outside the deep state that is thinking about joining Trump’s campaign or as an advisor.

Also, another painful reminder never talk to law enforcement especially federal.

[jagusafr]

In a similar case a few years ago, Col Michael Murphy (USAF JAG) received a punishment of “no punishment” following a court martial conviction because, as a White House military liaison, he received commendations that the government refused to release because they contained classified information. He was later retired at the rank of 2LT because that was the last rank at which he served honorably. Flynn may get the same treatment...

[Alberta's Child]

I may have agreed with you at one time, but Manafort has been a “deep state” Swamp creature for decades ... and now I think there’s a decent chance that at least two of the three names you posted were sent to work for the Trump team as moles for the Obama administration and/or the Clinton campaign and/or the Beltway GOP establishment.

[Cboldt]

-- This exemplifies the problem with Trump. --

He has to take a different view, and that is to win the war. Flynn, Stone, and many others are casualties, essentially becuase our government is full of bad people who abuse their power. This abuse is sytematic, it is the norm, it is not unusual.

If Trump focuses his attention on theses casualties, it takes time from fighting NK, China. it also localizes the cure to only those individuals who have been violated by the government while letting the systematic abuse persist.

Totally agree Flynn should not have to go through the abuse. Biut, this is the price for taking a political side in the USA. The DOJ is corrupt, rotten, and it will punish innocent people in order to preserve its power.

-- another painful reminder never talk to law enforcement especially federal. --

Not just law enforcement. Presumed crooked is how I treat them all. Talking to them is HARMFUL.

[rolling_stone]

who the heck is in charge of doj and fbi and why don’t they jump in to see justice done?

[victim soul]

He was framed.

[Alberta's Child]

Maybe he was, but his lawyers are now asking for exculpatory documents that should have been points of dispute in a TRIAL — after the defendant entered a NOT GUILTY plea. Instead, they’re going through this song and dance 20+ months after the defendant has already pleaded GUILTY.

[Cboldt]

-- who the heck is in charge of doj and fbi and why don't they jump in to see justice done? --

The function of those institutions is self-promotion. "Justice" is not a factor in that, other than the usual lyin' lip service, "honorable institution" and such tripe. Prosecutors are measure by convictions. Cops are measured by busts. Regardless of the fact pattern, every one of these is accompanied by a claim of "done good" and "Justice!"

One of the attributes of government institutions is never admit error, never admit wrong. As far as the institutions are concerned, prosecution of Stone, Flynn, Manafort ... that IS justice. Their job is to roll them into court and secure convictions. We have an adversarial legal system, and the government is the adversary. That is "justice" from an institutional perspective.

Your perspective, and mine, those are not relevant in the least. The institutions don't care if you find them morally just. They only demand that you fear them.

Congress will put just enough heat on them to create an impression of oversight and control, but where the rubber meets the road, all the institutions, Congress, Cops and Courts, are in cahoots.

[Boogieman]

Well, if classification is being used as a means to hide exculpatory evidence, then the judge certainly has jurisdiction over that.

[Redwood71]

“....which they say likely......”

They didn’t say, according to the article, they have proof within the sensitive documents. They said likely, not even most likely. It’s kind of difficult to make a direct statement about documentation you’ve never seen and that is not supposed to be identified because of it’s status that it contains anything.

Whoever leaked it is guilty of espionage and the attorneys are an accessory to it by being the receiver and not declaring it leaked, if it was, and supplying the name of the spy who leaked it. And if it was not leaked, they’re flat lying about what they perceive is in the documentation which is not against the law, but if they demand a warrant on that basis, they are breaking the law.

They’re using guesses to try to get something they are not authorized to have whether it contains the information they want or not. Kinda like the FISA warrants during the Trump/Russia investigation against onetime Trump campaign aide Carter Page that were illegally obtained. It’s not exactly a lie, because their’s no way to disprove stupidity. But it sure isn’t the truth either. And either way, they shouldn’t get access to sensitive documents. Or be told what they contain. And withholding the source is just as much espionage as the actual reader himself/herself. 20 years in the fed pen.

rwood

[centurion316]

He was later retired at the rank of 2LT because that was the last rank at which he served honorably.

I'd love to see the details of this little account. It implies that he was committing crimes at every rank from 1LT to COL. I am skeptical. JAG officers generally receive a direct commission as a 1LT or Capt, unless they in served in another branch or specialty before attending law school.