By Jon Dougherty
(NationalSentinel) The legal team for former National Security Adviser Michael Flynn has filed a motion in federal court asking the judge to hold prosecutors in contempt and dismiss them from the case because they are allegedly withholding exculpatory evidence that would clear him.
The team, lead by former federal prosecutor and noted Justice Department critic Sidney Powell, said in its new motion that if different prosecutors were assigned to the case, they would quickly discover the exculpatory (Brady) evidence and move to have Flynn’s guilty plea of lying to federal agents vacated.
The Epoch Times notes:
Powell points out that the prosecutors have recently produced exculpatory evidence to the defense team but declined to call it “exculpatory.” She makes an argument for why the evidence should be considered Brady (exculpatory) material in a sealed filing. As a result, Powell demands in the filing that the defense team examine information even if the prosecutors deem it inculpatory.
According to Powell, the kind of conduct she is accusing the prosecutors of is pervasive in the DOJ. By referencing a ruling in a separate case, she suggests that the remedy for such misconduct should be for the court to find the prosecutors in contempt and for the indictment to be dismissed.
The motion, as part of two filings, represents the first legal shots fired by Flynn’s new team in an effort to get his case thrown out.
In particular, Powell believes the exculpatory evidence the prosecution is hiding are FBI notes recounting interviews between agent Joe Pientka and senior Justice Department official Bruce Ohr. Powell says that prosecutors in Flynn’s case worked with Ohr in 2016 and 2017.
Ohr’s role in the “Spygate” scandal became known last year. In late August 2018, presidential legal counselor Rudy Giuliani suggested that Ohr be prosecuted regarding payments his wife, Nellie Ohr, received from Fusion GPS, the opposition research firm paid by the 2016 Hillary Clinton campaign and the DNC through ‘cutout’ legal firm Perkins Coie to produce the “Russia dossier.”
“What are the odds the DOJ or Mueller have begun an investigation of Bruce Ohr for violating 18 USC sec. 208? That’s a federal felony unless he disclosed all facts to the DOJ and has a written waiver. How many of you know what that is?” Giuliani, a former federal prosecutor and mayor of New York City, wrote on Twitter.
What are the odds the DOJ or Mueller have begun an investigation of Bruce Ohr for violating 18 USC sec. 208? That’s a federal felony unless he disclosed all facts to the DOJ and has a written waiver. How many of you know what that is?
— Rudy Giuliani (@RudyGiuliani) August 30, 2018
Giuliani was referring to whether Bruce Ohr had issued his wife a waiver so she could work for Fusion, which commissioned the dossier that the FBI eventually used as part of its justification to open a counterintelligence investigation into the 2016 Trump campaign.
“Ohr’s wife was financially benefitted by Ohr, a DOJ official, advancing the Steele phony dossier. Her firm got some part of the $1.02 million paid by Hillary and DNC. A crime unless he has a written waiver from Obama’s politicized DOJ which is possible,” Giuliani said in a second tweet.
Ohr’s wife was financially benefitted by Ohr, a DOJ official, advancing the Steele phony dossier. Her firm got some part of the $1.02 million paid by Hillary and DNC. A crime unless he has a written waiver from Obama’s politicized DOJ which is possible.
— Rudy Giuliani (@RudyGiuliani) August 30, 2018
As for Powell, she said that Mueller special counsel prosecutors Andrew Weissmann and Zainab Ahmad were in touch with Ohr in 2016 and 2017.
“Weissmann and Ahmad were not in the DOJ chain of command to be informed by Mr. Ohr at all. They had no legitimate reason to be privy to his operation with FusionGPS and Christopher Steele,” who compiled the bogus dossier, Powell wrote.
“It is imperative the defense obtain the Bruce Ohr 302s and notes—unredacted—and all evidence of this circuitous and illicit operation.”
In particular, Powell is seeking unredacted versions of FBI 302 interview reports involving Flynn as well as text messages exchanged between former FBI counterintelligence official Peter Strzok and his one-time lover, former FBI lawyer Lisa Page. Powell said in her filing she doesn’t want summaries of those documents by the prosecutors in question.
“Accordingly, the government must be compelled to produce the actual 302s, text messages, notes, and all actual documents the defense has requested—and we must see them unredacted. Summaries are not evidence,” Powell wrote.
“Even in ideal circumstances, summaries present unnecessary risks of mistake and misrepresentation,” she added. “Written summaries require characterization of the evidence that a prosecutor—even the most well-intentioned—has no business making.”
As we reported in July, Mueller’s prosecutors tried to get Flynn to plead guilty to a lie, then label him a co-conspirator in a case against his business partner when he refused.
The Epoch Times noted as well:
Prosecutors from the team of special counsel Robert Mueller wanted Lt. Gen. Michael Flynn to testify to something that isn’t true, Flynn’s lawyers said. When he refused, they tried to label him a co-conspirator in a case where they previously said he was only a witness. …
Writing in The Daily Caller in March, Powell noted:
Weissmann has a pattern of wrecking lives with his prosecutorial terrorist tactics, then slinking away when someone catches on to his tactics and before the reversals start rolling in. …
Weissmann’s modus operandi is to terrorize and humiliate his targets. That’s why Mueller brought him on the squad. If that’s what one thinks a federal prosecutor is supposed to be, then Weissmann is your man.
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