Judge Orders Mueller to Provide Flynn’s Attorneys With 'Any Exculpatory Evidence'
A federal judge has issued an updated standing order in the case of U.S. v. Flynn, suggesting that Special Counsel Robert Mueller's team may have withheld exculpatory evidence in prosecuting former national security adviser Michael Flynn.
Judge Emmet G. Sullivan, United States district judge for the District of Columbia, on Friday issued what is called the “Brady rule," which requires the prosecution to turn over "any exculpatory evidence" to the defendant in a criminal case, meaning Mueller must provide Flynn with all information that is favorable to his defense.
Mueller’s team last week filed an agreed-upon motion to provide discovery to General Flynn under a protective order governing the use of the material.
According to former federal prosecutor Sidney Powell, this is a "huge" development because "prosecutors almost never provide this kind of information to a defendant before he enters a plea — much less after he has done so."
Flynn’s attorneys should begin receiving the required disclosures from the special counsel’s office any time now, and there is reason to believe there will be bombshells.
Prosecutors working for Mueller charged Flynn with lying to FBI agents on November 30, 2017. He pleaded guilty to one count of making false statements to the FBI before federal judge Rudolph Contreras the next day. Contreras was recused from the case less than a week later -- likely because he served on the special court that allowed the FBI to surveil the Trump campaign based on a FISA application that relied heavily on the unverified anti-Trump dossier.
Flynn's alleged crime occurred on Jan. 24, 2017, when two FBI agents went to the White House to question him about telephone conversations he'd had with Russian Ambassador Sergey Kislyak during the transition in late December 2016.
Subsequently, according to the Washington Examiner, "Comey told lawmakers that the FBI agents who interviewed Flynn did not believe that Flynn had lied to them, or that any inaccuracies in his answers were intentional."
This is why Flynn's guilty plea remains one of D.C.'s greatest mysteries. The FBI reportedly did not think Flynn had even done anything wrong in the phone calls to the Russian ambassador -- so what was there to lie about?
But as Powell pointed out in The Daily Caller, "people who are innocent enter guilty pleas every day."
They simply can no longer withstand the unimaginable stress of a criminal investigation. They and their families suffer sheer exhaustion in every form — financial, physical, mental, and emotional. Add in a little prosecutorial duress — like the threat of indicting your son — and, presto, there’s a guilty plea.