Newly Filed Court Documents Have ‘Exonerating Evidence’ for General Michael Flynn

by | Apr 27, 2020 |

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Formerly unreleased documents filed under seal in Federal court that include “exculpatory information” about President Trump’s former White House National Security Adviser Lt. Gen. (Ret.) Michael Flynn were released to his attorney Sidney Powell on Friday, April 24th. 
As I have been saying and writing about for over three-years now, the critical documents that have been withheld for years from Michael Flynn’s defense have now reappeared and reveal that the retired three-star general did not commit any crimes, as suggested by Department of Justice prosecutors in former Robert Mueller’s special counsel investigation.
The referenced documents were filed by the Justice Department on Friday and accordingly include “exonerating evidence” for Flynn, going back to January 2017. The referenced documents also show “evidence of malfeasance by the FBI and the FBI agents involved on preparing and submitting the documents as evidence against General Flynn. The documents were a culmination from interviews of General Flynn by FBI agents” during the FBI investigation⏤will “reflect poorly” on the FBI. Again, at this time, the documents remain sealed and it is unclear when the documents may be unsealed and made available to the public.
Likewise, looking back further, according to FBI officials, the FBI general counsel Dana Boente led the charge internally against DOJ’s disclosure of the new or the hidden materials. It should also be known that Boente, who briefly served as acting Attorney General after Trump became president, personally signed off on one of the federal FISA surveillance warrants against former Trump campaign affiliate Carter Page.
As most who have been following this scandal know by now is that General Flynn was fired, i.e.; resigned from his position over a controversy over whether he had discussed Obama-era sanctions with then-Russian Ambassador to the U.S. Sergei Kislyak when he was the incoming National Security Adviser. This occurred despite that fact that as the designated and named national security adviser, General Flynn was in an appointed (by the President) position that required no Senate confirmation or approval to serve. 
Since the national security advisor to a new incoming President tends to take office almost immediately and during the period of transition, General was on the job officially and in an official capacity during the latter part of November 2016. In that capacity and as part of President-elect Trump’s transition team he began his work immediately. In the capacity of incoming national security advisor, he is and was highly sought after by his foreign nation equals, foreign ministers, and ambassadors as such jockeyed for access to him and incoming President Donald Trump. Having been a retired three-star general and the former Director of the Defense Intelligence Agency, General Flynn was quite familiar with that type of encounters and the pomp and circumstance of dealing with foreign international community and the official protocols. He knew completely how to handle himself and the affairs of government and what to anticipate and to expect. Knowing General Flynn personally, his performance, conduct and professionalism are and have always been stellar and beyond reproach. 
Recall back to January 2017, Obama administration FBI officials sent FBI agents to the White House to talk to Flynn, obscuring the reason for their visit. During this fateful interview with the agents, Flynn was given numerous opportunities to describe his prior conversations with Russian Ambassador to the U.S., Sergey Kislyak. In each instance, Flynn denied that he had spoken to Kislyak about Russian sanctions or a UN resolution on Israel. Afterward, at least one of the agents wrote that he did not think Flynn was lying about his conversations with Kislyak. The Washington Post first reported Flynn’s classified conversation with Kislyak.
Over the course of nearly a year, Flynn subsequently pleaded guilty in December 2017 to lying to the FBI agents about the conversations with Kislyak. Flynn pleaded guilty to lying to investigators⏤was advised by his former lawyers at Covington and Burling as part of a plea deal in order to protect his son from further reprisals by the FBI and subsequent any prosecution as well. Since that time, Flynn, has been seeking to withdraw his guilty plea.

The new documents, formerly held by Flynn’s old law firm, were filed under a protective order by DOJ on Friday. It is not clear when, or even if, those documents will be unsealed and made available to the public for review.

Because the documents were filed under seal, no one has been able to review them independently. Since Friday, neither the DOJ, nor the White House responded to or about the current situation or about the newly filed court documents or their legal or political implications.
However, back on March 15th, President Trump tweeted about his consideration of a ‘full pardon’ for General Flynn. Again, on Sunday afternoon, the President retweeted a number of tweets about his continued and ongoing support for Flynn.
Sidney Powell also tweeted last month that the FBI was “still hiding evidence of Flynn’s innocence” and has noted repeatedly that the FBI has failed to produce the original written FBI account, known as a 302 (for Form 302) of its agents’ conversation with Flynn that led to charges against him. In fact, Powell asked, “What else has the FBI buried,” to this reporter Friday. “Where’s the original 302? And obviously some of the good agents are finally stepping up.”
Together, I firmly believe that it was a combination of President Trump’s tweets, along with those of Ms. Powell’s, that put pressure on and forced the hand of Covington and Burling to release the “lost records” containing the exculpatory evidence.
Further, for the standpoint of background⏤recall multiple investigative reports issued by the DOJ Office of Inspector General revealed myriad instances of corruption by FBI officials throughout the multi-year investigation of Trump and his campaign. Former FBI director James Comey was even referred for criminal investigation by the inspector general. Since, Attorney General William Barr appointed a seasoned federal prosecutor John Durham to investigate and determine whether other DOJ or FBI officials broke the law in attempt to oust Trump from office.
Some additional background, the federal judge overseeing the government’s case against Flynn, Judge Emmet Sullivan refused to throw out his conviction last year but is still considering whether to allow Flynn to withdraw his guilty plea. In a separate case, Flynn has charged his previous counsel Covington and Burling with a conflict of interest and ineffective counsel. 
So now, the new evidence was finally turned over to Flynn’s attorney by U.S. Attorney Timothy Shea, who obtained the information after an extensive review by attorneys appointed by Attorney General Barr to review Flynn’s case. Barr’s team included United States attorney in Missouri (USA EDMO) Jeff Jensen, who is handling the Flynn matter, along with prosecutors from the office of the deputy attorney general, Jeffrey A. Rosen. A letter noted that:

“The enclosed documents were obtained and analyzed by USA EDMO in March and April 2020 and are provided to you as a result of this ongoing review; additional documents may be forthcoming.
In the supplement to Flynn’s motion to dismiss his case for egregious government misconduct, Powell stated last Friday that “this afternoon, the government produced to Mr. Flynn stunning Brady evidence that proves Mr. Flynn’s allegations of having been deliberately set up and framed by corrupt agents at the top of the FBI.”

“It also defeats any argument that the interview of Mr. Flynn on January 24 was material to any ‘investigation.’ The government has deliberately suppressed this evidence from the inception of this prosecution—knowing there was no crime by Mr. Flynn,” Powell added.
“Since August 2016 at the latest, partisan FBI and DOJ leaders conspired to destroy Mr. Flynn,” Powell argued to the court in the motion. “These documents show in their own handwriting and emails that they intended either to create an offense they could prosecute or at least get him fired. Then came the incredible malfeasance of the Special Counsel’s Office prosecution despite their knowledge there was no crime by Mr. Flynn.”
Despite all this new evidence, the Federal government has advised there is more to come, proves that the crimes were committed by the FBI officials and then the prosecutors,” Powell’s motion to dismiss Flynn’s case states. “The government’s misconduct in this case is beyond shocking and reprehensible. It mandates dismissal.”
Powell, who has had a long battle to obtain the evidence and is still fighting to obtain information from FBI Director Christopher Wray, who replaced fired FBI Director James Comey said, “this Court must dismiss this concocted prosecution of General Flynn in full recognition of the travesty of justice that it is.”

Flynn’s case should be considered a lynchpin to all of the Russia Collusion scandal and the Mueller probe. It could potentially cause it to be the death nail for that scandal once and for all.

That said, I think if it obvious, that Barr and Durham want to use the Flynn situation, exoneration, as the impetus to get some people before the Grand Jury… i.e.; Strozk, McCabe and maybe Comey…since they all had a hand in the FBIs falsifying of the 302s, that hold the exculpatory evidence. So, in a nutshell, that’s how I’m looking at this.
Finally, why is this suddenly happening? There is perhaps another behind the scenes strategy to move the attention off the China Virus pandemic and force the Democrats hand and their involvement in ALL OF THIS.
Image: AP

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Jim Waurishuk is a retired USAF Colonel, serving nearly 30-years as a career senior intelligence and political-military affairs officer and special mission intelligence officer with expertise in strategic intelligence, international strategic studies and policy, and asymmetric warfare. He served as a special mission intelligence officer assigned to multiple Joint Special Operations units and with the CIA’s Asymmetric Warfare Task Force and international and foreign advisory positions. He served as Deputy Director for Intelligence for U.S. Central Command (USCENTCOM) during the peak years of the wars in Afghanistan, Iraq, and the Global War on Terrorism.

Waurishuk is a former White House National Security Council staffer and a former Distinguished Senior Fellow with the Atlantic Council, Washington, D.C. He served as a senior advisor to the Commander U.S. Special Operations Command (USSOCOM) and served as Vice President of the Special Ops-OPSEC.

Currently, he is the Chairman of the Hillsborough County (FL) Republican Executive Committee and Party and serves on the Executive Board of the Republican Party of Florida.

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