View: Mueller has ‘destroyed’ evidence in Flynn case and is suppressing other materials

(National SentinelCrime: 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.

She adds:

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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19 Comments on "View: Mueller has ‘destroyed’ evidence in Flynn case and is suppressing other materials"

  1. Time to send Whitey Bulger’s ghost to see Mueller.

  2. Mueller’s same old legal malpractice… he needs to be disbarred and sent to Federal Prison.

    Fact: Mueller took part in a much earlier FBI frame up that sent four innocent men to prison for more than 30 years, and resulted in an eventual settlement of more than $100 million for false imprisonment of Joe Salvati, Louie Greco, a World War II hero, Peter Limone, and Henry Tameleo for lies of Mueller’s…

    Then there was Dr Steven Hatfill – we paid $4,600,000.00 because Mueller and Comey destroyed this innocent man’s life – only Mueller didn’t count on the DNA from the Anthrax Dr Hatfill worked with (legally) was not the same as the DC attacks Muller tried to frame him for.

    Time will tell if Mueller broke some more rules with Manafort.

  3. Muller is a lying, crooked Nazi. He should be fired.

  4. How long will the President continue to put up with this travesty? What sort of law, what sort of government is this?

  5. Acoustic Conservative | December 17, 2018 at 12:58 pm | Reply

    He comes across as a reasonable individual BUT Mueller and his democrat workers are working to overturn an election. Subversives, wicked forces.


  6. We are in a soft coup at the present time. How much longer it stays “soft” is anyone’s guess.
    It appears we have been sold out by both political parties. Trump has been trying to save what’s left of America virtually alone with very little help. IMO, we have already passed the point of no return.

  7. lonestarlizard | December 17, 2018 at 1:52 pm | Reply

    The main, and only question IMO, is the same as others here. Why in hell hasn’t Trump declassified all of these pertinent records? He bloviates constantly about doing it and then backs down. Either the information is damaging to him or he is being threatened by the deep state actors with some other supposed detrimental action. I support Trump but his incessant tweeting of actions just doesn’t come true. Come on Mr. President. Act and act now to put an end to this massive corruption of our so called ‘Justice’ system.

  8. Obstruction of justice, criminal malfeasance under color of authority; what the hell is the President waiting for? When will he exert control over his DoJ?

    • It’s a question I’ve been asking, several times a day for over a year now, and I just DON’T have the answer

  9. richard mcquary | December 17, 2018 at 3:24 pm | Reply

    Regarding “rockymtn1776” comment, yes we are in a soft coup. And having fought for my country once long ago, I am sadly willing to do it again in the streets if necessary. Every branch and department have gone to hell and elections aren’t trusted anymore – so what is left other than revolution? If someone smarter than me can organize it, count me in, crippled up and all – I will help with the cleanup, too. I will not see my beautiful America go down at the hands of socialists/communists. Not today or ever.

    • Thomas Jefferson, after the ratification of The Constitution, said ( I’m paraphrasing here ) that “we’ve just created the most incredible government in the history of mankind — and unfortunately, it will take a violent revolution, every 100 years, to restore it”

      Since the Civil War ended over 150 years ago, it is obvious that we’re at least half a century OVERDUE already . . .


  10. There are No More Laws in the US Only Political Crimes, Hate Speech, Hate Crimes, Thought Crimes & Politically Correct Behavior. The Only 2 things that will change this is Trump Declaring Martial Law, Rounding Up Traitors, Swift Tribunals followed by Swift “Justice”. Part 2 includes True Patriots Exterminating All Jihadis, Communists, Anti-Americans, Antifa, BLM, La Raza et al.

  11. The only reason Mueller would so obviously delete the info on these two phones is not to protect the lovers from further prosecution, but to protect himself from much more serious charges than obstruction of justice. The whole Mueller investigation has been to keep his treasonous actions from being provable. Obstruction is one thing, treason and sedition are quite another.

  12. Wait…are we still pretending to be surprised EVERY time we find more proof of FBI/Mueller/Comey corruption? Because this is becoming old hat. I mean, not that it seems to matter. LOL! Lead investigator is caught destroying evidence…again…and the witch hunt just rolls on in perpetuity!

  13. Yesterday I got my dick stuck up in a tree. I had to throw a football up there to dislodge it.

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