Posted on 11/04/2019 1:25:27 PM PST by Jacquerie
In the case against Lt. General Michael Flynn, his lawyer Sidney Powell previously filed a motion to compel (MTC) Brady material from the prosecution (here). Because the MTC raised stunning, potentially game-changing, legal and ethical issues the prosecution requested the opportunity to file a surreptitious reply to the court; a “surreply”. (here)
Judge Sullivan directed the prosecution to file their surreply, and then granted the defense the opportunity to file a sur-surreply, a response to the prosecution’s last argument. Today Flynn’s attorney Sidney Powell filed that response (full pdf below).
The response to the prosecution argument cuts through the chaff and countermeasures and identifies the ridiculous and necessary schemes played by the prosecution, starting with their preposterous position that Flynn’s plea did not require the government to provide exculpatory, Brady, evidence.
Flynn’s defense calls out the ridiculous. The prosecution argues it had no obligation to tell the target about any material favorable to the defense while the prosecution was piling-on pressure to generate a plea agreement. Then, once the plea was coerced, the prosecution claims they have no obligation to provide Brady material because the target signed a plea.
Flynn’s defense points out the ridiculous nature of the prosecution claiming they don’t possess any FD-302 draft prior to the lengthy back-and-forth, discussion and editorial process within the FBI small group that resulted in the February 15th “official” FD-302 report.
(Excerpt) Read more at theconservativetreehouse.com ...
What I like about the filing is that Flynn’s attorney isn’t asking to have the case dismissed - yet. No, she wants to inflict pain upon the prosecution by compelling them to air all their dirty dealings, THEN move to dismiss.
If the judge is ticked enough, he has the ability to impose sanctions upon the prosecuting attorneys that could impact their licenses.
Remember that DA in the Duke lacrosse case? Disbarred and jailed.
Having read the entire article, there’s no question Obama’s prosecutors are filthy.
I hope you are right. A few firings and lateral transfers within the government is insufficient.
Yet Weissman walks, again...
“Yet Weissman walks, again”
Yep, Weissman jumped ship on this one. The underlings are left to handle it.
Weissman didn't jump ship he was steering the d*mned thing. However the deck hands are left to deal with the Sidney Powell boarding party.
Judge Sullivan is the same judge that dismissed the 2008 conviction of Sen. Ted Stevens for similar prosecutorial miscondut. The DOJ did an internal investigation and the four prosecutors involved were transferred and in some cases suspended without pay. However, these transfers and suspensions were later set aside so they suffered no long term consequences and remain with the DOJ.
So I would not get my hopes up that any of LTG Flynn’s prosecutors will suffer any adverse actions.
However, it should be noted that the lead prosecutor in Sen. Stevens trial, Nicoholas Marsh, commited suicide in 2010.
She’s earning her fee...
Sullivan us being spoon fed all he needs to dismiss this false charge against Gen Flynn.
Even Stevie Wonder can see that the govt wildly overstepped in it’s quest to, ultimately, take down Trump.
This is all very nice and clever until you remember Trump has put his faith in the man in charge of these corrupt DoJ lawyers. The bagpiper apparently has no guts to set his Department straight. What an utter clusterpluck.
Well, he may just be letting them hang themselves by staying neutral and allowing this to play out. That way the dim dems can’t accuse him of malfeasance.
Who says a good lawyer can’t make a difference? I have followed the details of this case before and after new counsel entered. I love what she has done. Not only the big moves, but the little ones are all well-crafted. You have to remember, she came up to bat in the bottom of the ninth. She had no runners in scoring position, but has manufactured something out of nothing until she now has the upper hand.
Nice work.
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