On Dec. 11, the legal team representing retired Lt. Gen. Michael Flynn, President Donald Trump’s former national security adviser who pleaded guilty to a single count of perjury in exchange for his cooperation with special counsel Robert Mueller’s office, made a legal filing in the court of federal Judge Emmet Sullivan.
- On Dec. 1, 2017, Flynn pleaded guilty before Judge Rudolph Contreras.
- On Dec. 7, 2017, Judge Contreras was suddenly removed from the case without any public explanation.
- That same day, it was announced Judge Emmet Sullivan would be replacing Judge Contreras.
- On Feb. 21, 2018, Judge Sullivan filed what is known as a “Brady Ruling,” instructing the prosecution team to hand over any exculpatory evidence to Flynn and his legal team that had been withheld from them up to that point.
- The Mueller team then spent the next 11 months asking for Flynn’s sentencing to be delayed, pushing the date back three times, until finally a firm date of Dec. 18, 2018, was set.
- Having a firm date set at last allowed both sides involved in the case to file the required pre-sentencing memorandums.
Entrapment
In its memo to the judge, Flynn’s legal team revealed how then-Deputy Director of the FBI Andrew McCabe helped entrap the retired general with a phone call to Flynn, during which he suggested Flynn have no legal counsel present, and that the FBI agents assigned to interview him never alerted him that they were there investigating a criminal matter. The two agents also never warned Flynn at any time during this interview that he'd be liable for criminal penalties if he lied to them at any point.While those revelations have gotten much media attention, there’s another bombshell in the Flynn filing that’s gotten much less notice.
Footnote 20 in the filing says:
“Certain information summarized or quoted in this Memorandum derives from documents furnished to Defendant’s counsel pursuant to the Protective Order, United States v. Flynn, 17 CR 232 (D.D.C. Feb. 21, 2018) (Doc. 22). Undersigned counsel conferred with the Government, which represented that disclosing the selected information does not constitute a violation of the Protective Order.”
That footnote doesn’t say exactly when the Mueller special counsel team handed over these exculpatory documents detailing the scheme to entrap Flynn. But, it’s clear from the way that footnote is worded the Mueller team is trying to preemptively deny that handing it over when they finally did was any sort of violation of the Brady ruling that Sullivan issued to them on Feb. 21.
If the judge made the ruling official on Feb. 21, and the Mueller special counsel team waited until, let’s say, August to finally cough up these documents, they can, of course, make the claim they didn’t violate Sullivan’s order. We'll soon know if the judge agrees with this assertion.
The mainstream media just spent the last year claiming Contreras’ sudden removal from this case meant nothing much at all, and the subsequent 12 months of sentencing delays were due to all that awesome cooperation Flynn was supposedly giving to Mueller for his investigation into Trump and his associates.
It now seems there might have been another reason for the long sentencing delay: The Mueller team was desperately trying to figure out how to avoid having to hand over these exculpatory documents to Flynn’s lawyers and giving away the entire entrapment scheme. In the end, they failed, and at a still undetermined date, they finally handed over to Flynn all the exculpatory evidence they'd been withholding.
If it turns out that Flynn and his legal team received the exculpatory documents after pleading guilty only because Sullivan ordered Mueller’s team to turn over anything they'd been withholding, not only is this case going to be tossed, the federal prosecutors involved in it are going to face legal discipline for their behavior.
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