By Jon Dougherty
(NationalSentinel) Remember retired Army Lt. Gen. Michael Flynn, President Donald Trump’s first national security adviser and the Spygate deep state’s first’ Trump administration casualty?
In case you didn’t know, he’s never been sentenced yet for allegedly lying to FBI agents, though he was indicted and convicted of that crime nearly two years ago. No one knows why his sentencing has been put off time and time again, but there is a theory floating about that the government has exculpatory evidence…and his legal team wants to see it.
Only, they’ve been thwarted by the Justice Department on a number of occasions because the evidence is classified — and they don’t have the proper clearance. So now, Flynn’s legal team is asking a federal court to intervene so they can get their client’s conviction overturned if, in fact, such exculpatory evidence exists.
Our attempts to resolve that issue with the government have come to a dead end, thus requiring the intervention of this Court,” the attorneys for Flynn state in a status report filed on Aug. 30, The Epoch Times reported.
“Our client held the highest security clearance the government provides. We know—but not in any detail because of our lack of clearance—that he briefed and debriefed the DIA [Defense Intelligence Agency] about his foreign contacts and travel,” the legal team noted further.
“All that material is relevant to the charges against him, and it is most likely Brady [exculpatory] material to boot.”
Federal prosecutors have said that they have not provided any classified information to the defense and that “the government is not aware of any classified information that requires disclosures to the defendant or his counsel.”
But is that accurate?
Sydney Powell, an attorney known for her criticism of the Justice Department who was recently retained by Flynn, doesn’t think so.
The Epoch Times reported:
Flynn’s attorneys also say that the prosecutors have not yet produced the transcripts and recordings which underpin the charges against the former national security adviser. They also say that the prosecutors have not yet provided the original 302 report and the handwritten notes memorializing the Jan. 24, 2017, FBI interview of Flynn.
The former Army general and head of the DIA pled guilty in 2018 to one charge of lying to the FBI. He’s been cooperating with the Mueller probe since. He admitted to making false statements about a conversation he had with the Russian ambassador in 2016.
But, as we reported in December 2018, based on information revealed by The Hill‘s John Solomon, the DIA supposedly has the exculpatory information on Flynn but won’t release it.
“Let me say this about Mike Flynn. In May 2017 there was a document identified to a small number of people in the United States government. It’s in the possession of the Defense Intelligence Agency. For 18 months there’s been an effort to resist declassifying that document,” he said.
“I know that that document contains extraordinary exculpatory information about General Flynn. I don’t believe the president has ever been told about this document. One lawmaker discovered it but he was thwarted by the Defense Intelligence Agency in his ability to disclose it. I think we all should ask for that declassification. Get that out. It may enlighten the judge,” he added.
That lawmaker, The Epoch Times noted, is likely Sen. Charles Grassley (R-Iowa):
The defense team’s mention of the DIA may be a reference to a classified memo concerning Flynn’s trip to Russia. Sen. Charles Grassley revealed the existence of the memo months before Flynn’s indictment in response to press reports which insinuated that Flynn had questionable ties to Russia. Grassley called for the memo to be declassified “in the interest of fairness to Lt. General Flynn.”
Solomon followed up his December bombshell with additional information in January. He reported that the intelligence community all along has had exculpatory evidence clearing Flynn of any wrongdoing but has kept it secret:
- Before Flynn made his infamous December 2015 trip to Moscow — as a retired general and then-adviser to Donald Trump’s presidential campaign — he alerted his former employer, the DIA.
- He then attended a “defensive” or “protective” briefing before he ever sat alongside Vladimir Putin at the Russia Today (RT) dinner, or before he talked with Russian Ambassador Sergey Kislyak.
- The briefing educated and sensitized Flynn to possible efforts by his Russian host to compromise the former high-ranking defense official and prepared him for conversations in which he could potentially extract intelligence for U.S. agencies such as the DIA.
- When Flynn returned from Moscow, he spent time briefing intelligence officials on what he learned during the Moscow contacts. Between two and nine intelligence officials attended the various meetings with Flynn about the RT event, and the information was moderately useful, about what one would expect from a public event, according to my sources.
And again, mind you, Flynn used to head up the DIA, so he’s well-versed on foreign intelligence operations and operators, especially Russian operators. So he would have been well attuned to any attempt to extract information from him.
It’s important to wind back many months to where the Russia collusion narrative started and the media frenzy-driven suggestion that Flynn may have been on a mission to compromise America’s security and endanger this great republic when he visited Moscow.
Would the central character in a Russian election hijack plot actually self-disclose his trip in advance? And then sit through a briefing on how to avoid being compromised by his foreign hosts? And then come back to America and be debriefed by U.S intelligence officers about who and what he saw?
And would a prosecutor recommend little or no prison time for a former general if that former military leader truly had compromised national security?
It may come down to President Trump merely having to pardon Flynn if he can’t get to the exculpatory evidence in some way. But the fact that it likely exists — and is being denied him — tells you all you need to know about the depth of the Obama-run Spygate operation against his successor.
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