(National Sentinel) Crime: A former federal prosecutor says in a column posted online Sunday that special counsel Robert Mueller has committed a “crime” by destroying cellphone data and other evidence while suppressing materials sought by a federal court related to former National Security Adviser Michael Flynn.
Writing at The Daily Caller, Sydney Powell, author of “Licensed to Lie: Exposing Corruption in the Justice Department,” said it appears as though Mueller has not fully complied with U.S. District Judge Emmitt G. Sullivan’s demand he turn over all exculpatory evidence in Flynn’s case.
She notes that when Sullivan got Flynn’s case in February, he “immediately issued what is called a ‘Brady’ order requiring Mueller to provide Flynn all information that is favorable to the defense whether with respect to guilt or punishment.”
Sullivan, Powell notes, is a “government misconduct expert,” having dealt in the past with federal prosecutors who either withheld exculpatory evidence in cases or otherwise suppressed materials that could have exonerated suspects.
“Last week, Judge Sullivan specifically ordered Mueller to produce any FBI interview reports — called 302s — or memoranda relevant to the original interview of Gen. Flynn. Ironically, Iowa Sen. Chuck Grassley has been requesting the agents’ notes and 302s for two years. Did Mueller comply?” she writes.
Powell believes “Mueller has thumbed his nose at Judge Sullivan’s order,” producing only a 302 created by his own team seven months after Flynn was initially interviewed Jan. 24, 2017, and by none other than Peter Strzok, whose loathing of POTUS Donald Trump is well-established.
“The evidence indicates Mueller has destroyed or is suppressing Brady material. There was an original 302 created within five days — by FBI protocol — of the Jan. 24, 2016 ambush interview of General Flynn by two agents — Strzok and Special Agent Joe Pientka,” she wrote, adding that fired FBI Director James Comey has read the initial 302.
It existed — as Grassley well knows. It was written by Agent Pientka, who also took extensive handwritten notes, whose name is redacted from Mueller’s filing, and who seems to have disappeared. Where are the original 302, his notes, and where is Agent Pientka? Grassley has been trying to get access to all three for almost two years.
Mueller’s filing confirms that Agent Pientka was assigned to take notes of the interview. Judge Sullivan’s order encompasses the production of those notes. Where are they? Were they destroyed despite Grassley’s longstanding request and Judge Sullivan’s original Brady order? The failure to produce them is another Brady violation that warrants the dismissal of the charges against Flynn and warrants holding Mueller and his team in contempt of court.
And no doubt Mueller is aware of other Brady material in the possession of the government. There are two important sets of information being withheld from the defense under the guise of classification.
Powell writes that during an appearance on Fox News‘ Laura Ingraham program last week, House Intelligence Committee Chairman Devin Nunes, R-Calif., said Comey himself has provided testimony to House committees that exonerates Flynn.
“Because Comey just confessed on national TV that he oh-so-cleverly, gleefully, and deliberately breached all protocols and any semblance of ethics to ensnare the new administration and Flynn in their carefully calculated perjury trap, there is every reason to declassify Comey’s testimony immediately. The public is entitled to see his duplicity,” she wrote.
There’s more. Investigative reporter John Solomon noted, “and Grassley has identified, information in the possession of the [Defense Intelligence Agency] that is exculpatory of Flynn,” she writes. Then-Lt. Gen. Flynn was director of the DIA during the Obama administration.
Powell notes that the DIA information “apparently” is still classified, quite probably to protect Comey, but that “does not absolve Mueller” of providing it to the defense.
“At a minimum, the information must be given to Judge Sullivan under seal. In the alternative, the president should declassify this material immediately, because the government has a solemn legal obligation to produce at least the substance of all exculpatory information to the defendant. If there are true national security interests to be protected, a summary will suffice,” she wrote.
She further notes that the destruction of data, at Mueller’s direction, contained on the cell phones of two of his former team members — Strzok and his paramour, Lisa Page — is also a criminal act. “Mueller put Paul Manafort in solitary confinement for simply trying to contact a witness,” she wrote.
“Mueller has shown abject contempt for the wrong court. Judge Sullivan is a real judge who believes in the rule of law and has the integrity to enforce it equally. The evidence strongly suggests Mueller violated Brady, destroyed or suppressed evidence, and obstructed justice in violation of 18 USC §1512(c). He has disgraced himself and the Department of Justice. Mueller’s time is up,” Powell concluded.
Flynn’s sentencing is scheduled for Tuesday. Now we know why Mueller isn’t recommending any jail time; he set Flynn up.
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