Posted on 05/15/2020 10:28:08 PM PDT by 11th_VA
Catch-22 With Brady Exculpatory Evidence
Powell notes that the prosecution refused to provide Flynn with the Brady material before he accepted the plea deal because he was not a defendant until he was formally charged. But then they claimed they didn’t need to provide him with the material after he had accepted the plea deal — since the guilty plea erased the obligation. It was a catch-22 that defeats the purpose of the Brady requirement.
Powell charges FBI lawyer Lisa Page with altering the FD-302 write-up of Flynn’s interview. Peter Strzok, an FBI agent at the time and Page’s extramarital lover, drafted an FD-302. He texted Page about making some changes to the write-up. Page had not been involved in the interview. The change in wording moved Flynn from a target to a subject.
This FD-302 originally said Flynn could not remember if he had spoken to Russians about their voting at the UN. It was revised to say Flynn said he did not talk to the Russians about that. This contradicted what Vice President Pence had just said on TV, that Flynn had not discussed sanctions with Russians. He was forced to resign.
Changing the words regarding a person under investigation can have a profound influence on the outcome. Strzok changed former FBI Director James Comey’s drafting of “gross negligence” in regards to Hillary Clinton’s use of a private email server to “extreme carelessness.” This took her out of the criminal statute regarding mishandling of classified information, and allowed her to avoid prosecution....
(Excerpt) Read more at stream.org ...
And reading between the lines, I guess Flynn was confronted with having two FBI agents that would testify with what was on the 302; I guess they pressed him for an admission of guilt or else 2 against 1; and we’ll make you poor in the process.
From now on 302s used in a court should all be challenged as unreliable documents. Site this case in support.
All of them in any and all cases.
Thanks 11th_VA.
I agree The FBI should be made to act like every other law enforcement agency in the US and record their interviews.
If Flynn had gone to trial and testified in contradiction to the two FBI agents, then, no doubt, Judge Sullivan would have gladly entertained a charge of perjury against Flynn. When the judge is on the side of the prosecution all kinds of bad things can happen to a person; innocent or not.
It's interesting that we hear that Judge Sullivan considers perjury charges against Flynn. Where are the charges of perjury, fraud, obstruction of justice, falsification of evidence, and conspiracy against the prosecution team and the FBI agents? I think the judge has some 'splainin' to do.
Democrats are evil now beyond our understanding. There is no limit to what they are willing to do.
bttt
If I were a convict, or the lawyer of a convict, currently serving time in a case where the prosecution relied strongly on a FIB 302 I’d get working on an appeal.
Evidence in a court shouldn’t be written on an Etch-A-Sketch that gets passed around the bureau from office to office.
And they conveniently made Pientka disappear quickly. Somebody here said he’s out in San Francisco...working for the FBI in Nazi Pelosi’s district. I’d bet anything that they gave him a promotion, or at least a higher salary to keep his mouth shut. I don’t understand how those people can look at themselves in the mirror each day.
General Flynn , a great American patriot , is the corner stone of the Russian hoax. They know it and are running interference as fast as they can
It’s not a Catch-22 with the exculpatory evidence, because the Judge ordered it handed over at least two years ago, but the prosecution deliberately hid it. As far as I know, the Judge who sits on the bench has the last say on that kind of stuff. I’m having a big problem with Sullivan, because you’d think that now that the exculpatory evidence was finally released, that Sullivan would be in a rage because the prosecution ignored his court order. Instead, he’s ignoring the evidence that he previously ordered released, and has now taken on the role of prosecutor, Judge and jury. I don’t think the ending is going to be very pretty for Judge Sullivan.
“This is just another distraction, we do it all the time.”
According to articles I've read Pientka was supposed to submit the completed 302 within 5 days. It wasn't submitted until 3 weeks later. And then it was rewritten by Strzok and Page, which is totally against policy. The only one who should have made any changes on the form was the original agent who wrote it, and signed it. It's an illegally altered document, and never should have been used in the case. Page wasn't even at the interview, yet she made changes to it.
When I worked in New York State's prison system, any document you had to write, especially if it involved a disciplinary report, or a report on an incident, use of force, etc., it had to be completed and submitted before you went home for the day. There were no excuses. There were strict timelines, especially if a serious incident that resulted in an inmate or officer injury, you had to have the preliminary information presented to the Watch Commander within minutes, because he/she in turn, had to report the incident to Albany as soon as possible. I worked 3-11 p.m., and if something went down in the half-hour before I went home, I had to stay as long as was needed to get inmates/staff to the infimary, have photographs taken, interview the inmates and officer's involved unless they were sent to the outside hospital, have the officers write their report of the event, and the role they played, etc., and have everything completed and written up as soon as possible. And if something needed to be rewritten, the only person who was allowed to do that was the person who originally wrote and signed the initial report, and that was because at any time, those documents could end up in a court of law.
Strzok is a piece of work. Guessing he’s not right in the head.
That sounds like the way it ought to be. Even if an agent/officer does rewrite a report it seems to me the original should be preserved and follow the revision. An explanation of the revision being part of it. Unless it’s revised before it’s turned in.
Never speak to an FBI agent without a lawyer with a recording device.
Adan Schitt attempted to change Donald Trump’s Ukrainian phone call transcript.
The same criminality as when they changed an email from the CIA regarding Carter Page from “is an asset” to “is not an asset”
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