Sidney Powell, attorney for retired Army Lt. Gen. Michael Flynn, wrote in a recent court filing that new government documents provide evidence that Flynn was deliberately set up, according to a report.
“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,” Powell wrote on Friday, according to Fox News’ Gregg Jarrett.
“The government deliberately suppressed this evidence from the inception of this prosecution — knowing there was no crime by Mr. Flynn,” she wrote.
On Friday, the government filed new documents under seal that included exculpatory information for Flynn, according to the Federalist. The documents also showed “evidence of malfeasance” by the FBI during its investigation of Flynn and will “reflect poorly” on the FBI.
Flynn pleaded guilty to lying to investigators as part of a plea deal with prosecutors. However, he has since requested to withdraw that guilty plea.
Prosecutors charged Flynn with lying to FBI investigators, despite evidence from the FBI investigators themselves that he did not lie about his conversations with then-Russian ambassador to the U.S. Sergei Kislyak.
The FBI agents who interviewed Flynn in January 2017 — Joe Pientka and Peter Strzok — wrote a summary of their interview, according to Jarrett: “Throughout the interview, Flynn had a very ‘sure’ demeanor and did not give any indicators of deception. Strzok and [Pientka] both had the impression at the time that Flynn was not lying or did not think he was lying.”
Pientka and Strzok interviewed Flynn on his conversation with Kislyak on the basis that he potentially violated the Logan Act — an obscure law that prohibits private citizens from engaging U.S. diplomatic affairs on behalf of the government. Flynn was the incoming national security adviser at the time of the calls, however.
The new documents — still under protective seal — were produced after Attorney General William Barr ordered an independent review of Flynn’s case.
In addition, Flynn’s former legal defense team, Covington and Burling LLP, on Tuesday turned over thousands of more pages of documents to his current defense team that should have been submitted more than a year ago.
The batch of documentation includes emails, texts, voice messages, notebooks, handwritten notes, and legal documents — amounting to approximately 6,800 additional documents, according to investigative journalist Sara Carter.
Powell told Carter: “The Flynn defense is stunned that Covington and Burling has only now found thousands of additional documents amounting to more than 17,000 pages that should have been produced to the defense almost a year ago.”
Trump has floated the possibility of pardoning Flynn.
On March 15, he tweeted:
So now it is reported that, after destroying his life & the life of his wonderful family (and many others also), the FBI, working in conjunction with the Justice Department, has “lost” the records of General Michael Flynn. How convenient. I am strongly considering a Full Pardon!
On Monday, Trump said at a White House press conference that what happened to Flynn was a “disgrace.”
“I think that General Flynn is a wonderful man. He had a wonderful career. And it was a disgrace what happened to General Flynn. Let’s see what happens now,” he said.
“But what happened to General Flynn should never happen again in our country. What happened to other people should never happen again in our country. What happened to your President of the United States should never again be allowed to happen,” he said.