(National Sentinel) Miscarriage of Justice: A noted law professor who runs a popular blog says that former Trump national security advisor Michael Flynn, who pleaded guilty last week of lying to an FBI agent, could have his conviction thrown out because the agent was dismissed from his job over political bias.
Glenn Reynolds, creator of the InstaPundit blog at PJ Media and a law professor at the University of Tennessee, posted a comment from one of his readers — a former judge a prosecutor — claiming that if Flynn was not aware that FBI agent Peter Strzok, the main witness against him, was removed for exchanging anti-Trump emails with a colleague, his prosecution is flawed.
The email reads:
A READER WHO SAYS HE IS A FORMER PROSECUTOR AND JUDGE EMAILS:
Did the prosecution tell Flynn’s lawyer that their main witness against him was removed for bias? Since Strzok led the interview and his testimony would be needed to establish untruthfulness, he is a critical witness not just a prosecutor. If not disclosed, would this not be a Giglio violation? This is the kind of misconduct that can get a case dismissed and a lawyer disbarred. It is a Constitutional violation. This has bothered me since I heard about it.
The Gateway Pundit noted that the Giglio versus United States case “is a United States Supreme Court case in which the Court held that the prosecution’s failure to inform the jury that a witness had been promised not to be prosecuted in exchange for his testimony was a failure to fulfill the duty to present all material evidence to the jury, and constituted a violation of due process, requiring a new trial.”
Stories in the Washington Post and New York Times on Saturday noted that Strzok, who was in a pivotal role during the original FBI investigation into alleged Trump-Russia collusion, and then in another key role in Mueller’s investigation, and who earlier had played an equally important role in the investigation of Hillary Clinton’s email by the bureau, was moved out of Mueller’s office over the summer following anti-Trump texts he exchanged with a top FBI lawyer, Lisa Page, with whom Strzok was also having an extramarital affair.
Strzok, a seasoned counterintelligence investigator, was reassigned to the FBI’s office of human resources, an obvious demotion, in July, the Washington Examiner reported.
The Post noted that Strzok and Page sent each other tests that “expressed anti-Trump sentiments and other comments that appeared to favor [Hillary] Clinton.”
Strzok was present during Flynn’s questioning. He was also the lead investigator in the criminal investigation into Clinton’s mishandling of classified data via her personal email server.
He was also the one who softened language in a statement then-FBI Director James Comey read to the press in July 2016. The original language in Comey’s statement described Clinton’s behavior as “grossly negligent,” which is taken directly from the statute, to “extremely careless,” which has no legal weight, a source told CNN.
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