On Tuesday, Mike Flynn’s attorney Sidney Powell argued before presiding Judge Emmet Sullivan that: 1) prosecutors should be compelled to produce Brady (exculpatory) evidence, and 2) if they fail to do this, they should be held in contempt of court. Wednesday, the motion to compel was filed unsealed, meaning we all now get the pleasure of reading it. Powell had originally filed it (sealed, I assume) on August 30.
Included in the Brady material she seeks are numerous documents, recordings, internal texts, emails and notes that the defense believes will vindicate Flynn (about time!) and also reveal the “egregious” behavior of the federal prosecutors –- Mueller, Weissmann and that sorry lot.
One thing we’re learning is that Rod Rosenstein, who oversaw the Mueller investigation, apparently played a more active role in this group of conspirators than we knew (though we suspected). My most recent commentary on Flynn included Powell’s stunning observation that Rosenstein, whose job it was to determine the scope of the special counsel probe, signed the okay for Mueller to go after Michael Flynn, Jr. That’s bad enough, but now we know more. According to 14 pages (still heavily redacted) finally obtained by Judicial Watch, when the story came out about Rosenstein talking about wearing a wire to record President Trump and enlisting Cabinet members in a plan to use the 25th Amendment to depose him, the Justice Department worked to craft a response for media inquiries, which evolved as necessity dictated.
As Gregg Jarrett outlined on Wednesday’s HANNITY, Rosenstein reacted to the exposure of this scheme by first trying to shut down all comment. Then he crafted a “non-denial denial,” more of a deflection. Then he said he was just “joking” or being sarcastic. Then, according to Jarrett, who interviewed the President about this for his upcoming book, Rosenstein went aboard Air Force One and lied to the President. (Guess we have to wait for the book to come out to find out exactly what he said to Trump.)
Sen. Lindsay Graham, chairman of the Senate Judiciary Committee, has said he will make sure that Rosenstein and McCabe are called before the committee to answer questions about the conversations that were had about wiretapping President Trump. “To me, that is a very chilling moment in American history,” he said to Sean Hannity, “to have a conversation between the acting attorney general [and] the acting FBI chief about wiretapping the President of the United States.” And while they are there in the hearing room, Graham also wants to ask them about their apparently rigged investigation into Hillary’s private server, plus their real reasons for spying on George Papadopoulos.
He plans to ask the question that’s been on my mind: If they had no reason to believe that Flynn was an agent of Russia (and it appears there was none), why did they talk to him anyway about the conversations he was having while on the transition team? Or, more broadly, why should the outgoing administration be questioning the incoming administration about such things? It’s really none of their business!
One important piece of exculpatory evidence Flynn’s attorney says has been withheld by prosecutors is a letter from the British embassy to the incoming national security team and to outgoing national security adviser Susan Rice, intended to warn our officials about Christopher Steele’s untrustworthiness and lack of credibility. From this document we may conclude that then-FBI Director James Comey and his deputy Andrew McCabe had been warned that British ex-spy Steele, with the aid of DOJ official Bruce Ohr, had a political agenda and had been peddling a phony “dossier.” According to Jarrett, these two should have gone immediately and informed the FISA Court that their source was bad. That’s the law, and they broke it by defrauding the FISA Court –- and by extension, the U.S. government –- to obtain a warrant not once but four times to SPY on Americans. They need to be held accountable, as anyone else would be.
According to Sara Carter’s update, the motion that Powell filed Wednesday revealed another piece of exculpatory information: that Flynn passed a polygraph in 2016 to have his security clearance renewed. This was right around the time that he was being investigated under the pretext that he was an agent of Russia and/or Turkey, and then-Director of National Intelligence James Clapper refused to take part in the renewal process for his clearance. But Flynn got it anyway. We also learn that before Flynn met with Turkish and Russian officials, he briefed the Defense Intelligence Agency, just as he was supposed to. (He used to head the Defense Intelligence Agency.) Gen. Flynn just doesn’t seem very subversive to me.
But the documents pertaining to his briefings with the DIA are part of what has been withheld from Powell by the prosecutors. She’s seeking hundreds more pages of government records that she says have been withheld. What do you bet she gets them?