, 5 tweets, 3 min read Read on Twitter
Things are about to get bumpy in Michael Flynn's case. His lawyers just filed a motion accusing prosecutors of withholding Brady information (info favorable to the defense), which they say incl. various FBI records and Peter Strzok/Lisa Page texts assets.documentcloud.org/documents/6367…
Flynn's lawyers argue in a footnote that Flynn needs to see the information they've requested because he "may also have other defenses that prior counsel did not explore" — a sign that perhaps they're exploring trying to get out of his guilty plea
The motion is heavy on references to the Ted Stevens case, which involved the same judge in Flynn's case, Judge Emmet Sullivan — Sullivan is passionate about Brady issues, and Flynn's lawyers lean in: "Unfortunately, the government learned nothing from the rebukes in Stevens."
As noted earlier today, Flynn's lawyers argued in a status report this morning that they didn't think the case was ready for sentencing yet, and this latest motion underscores that argument. The judge set a status conference for Sept. 10
Even if the govt contends the info Flynn wants is inculpatory, and not exculpatory (that is, it doesn't help Flynn's case), his lawyers say they should still get to see it b/c of the govt's history of Brady problems and more Flynn-specific concerns about the Russia probe
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