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DawsonSField @DawsonSField
, 11 tweets, 9 min read Read on Twitter
Judge Sullivan ordered Mueller's team to produce discovery of government held exculpatory evidence. This would not be limited to information held by FBI & DOJ but also should include known information from DIA? courthousenews.com/judge-tells-mu…
People typically think of it as applying to evidence held by the prosecutors & law enforcement officers. But precedent, & the Sullivan order says Mueller has a duty to learn of exculpatory evidence "known to others acting on the government's behalf". Clearly the DIA is doing that
I'd also argue that the Senate Judiciary Committing is acting on the government's behalf, so information known to that committee would also be required production from Mueller to Judge Sullivan. Which brings us to an old piece of information that relevant to the @GenFlynn case.
@GenFlynn Senator Grassley wrote a letter on 8/25/17 to the Defense Intelligence Agency in regards to a classified briefing about General Flynn. He wrote both the General who directs DIA but also to Secretary of Defense Mattis. This letter addresses a 5/25/17 DIA briefing @PentagonPresSec
@GenFlynn @PentagonPresSec Chairman Grassley asked DOD & DIA to declassify a document that poses no threat to national security. But was related to General Flynn & the Chairman of the Judiciary felt it was unfair to Gen. Flynn to keep this information classified. judiciary.senate.gov/imo/media/doc/…
@GenFlynn @PentagonPresSec So this briefing & document sound like they might be exculpatory evidence that could impact General Flynn's case before Judge Sullivan. The Special Counsel's team could argue they were unaware of this evidence held "on the government's behalf" but they have a duty to find it.
@GenFlynn @PentagonPresSec @senjudiciary Chairman Grassley released this unclassified cover letter 3 months before General Flynn plead guilty. So clearly the Special Counsel's office should have been aware that there was DIA evidence that may be relevant to this case. Ignorance of the document is no excuse
@GenFlynn @PentagonPresSec @senjudiciary However, maybe the SCO are still unaware of this exculpatory document, at least as it is described in the @ChuckGrassley letter it certainly appears that the classified DIA document & briefing is exculpatory toward @GenFlynn & must be produced to his defense team under Brady.
@GenFlynn @PentagonPresSec @senjudiciary @ChuckGrassley If the Special Counsel's team believes this evidence is not relevant, Judge Sullivan's order requires them to file it in camera with the judge for his review to determine if it is relevant. If the judge were to see that classified document would it change his view on the case?
@GenFlynn @PentagonPresSec @senjudiciary @ChuckGrassley We don't know. But if someone were to make the Special Counsel's Office aware of this exculpatory document held on the government's behalf, then they would have a duty to produce it under the Brady order issued by the judge in this case.
@GenFlynn @PentagonPresSec @senjudiciary @ChuckGrassley I wonder if the @TheJusticeDept can inform Special Counsel Mueller's team about this exculpatory evidence held by DIA? It does not seem to have been handed over to Judge Sullivan in violation of his order to provide exculpatory evidence held on behalf of the US government.
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