"In the intervening months, the Justice Department and Flynn have continued to publicly post sets of documents that Flynn's team has characterized as evidence of FBI misconduct. Two of those documents included the notes that DOJ now acknowledges were altered, a revelation that Sullivan said last month left him "floored" and demanding answers. In his new order, Sullivan notes that DOJ did not respond to his request to authenticate all 14 exhibits it has filed in support of the dismissal motion.
"Although the government relies heavily on these 14 Exhibits, the government has not provided a declaration attesting that the Exhibits are true and correct copies," he wrote Friday. Though he acknowledged there is typically a legal "presumption" that documents filed by the government are authentic, it doesn't apply in this case. "Here, however, the government has acknowledged that altered FBI records have been produced by the government and filed on the record in this case.""