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I am reading @SidneyPowell1 response to the gov surreply and I am jumping up and down in my office. Will thread ASAP here
@SidneyPowell1 This is one footnote and I feel it needs to be shared here before I get into the rest. From the text: "It is disingenuous to suggest that the proffer sessions were not adversarial when the government had permission to target Mr. Flynn, seized all his electronic devices,..."
"...targeted his son, and seized his son’s devices. The government fails to mention that, to obtain the plea, it threatened Mr. Flynn with indictment the next day, the indictment of his son who had a new baby, promised him "the Manafort treatment,” and promised to ..."
"...pile on charges sufficient to put him in prison the rest of his life. The short fuse was no doubt motivated by the government’s knowledge, which it did not disclose to Flynn, that the salacious Strzok-Page emails, disclosing their vitriolic hatred of President Trump..."
"...and his team, the key agents’ affair, and their termination from Mueller’s Special Counsel operation were going to be exposed the very next day. No individual, no matter how innocent, can withstand such pressure, particularly when represented by..."
"...conflicted defense counsel. The advice a client is given by his lawyer in such fraught circumstances can make all the difference between standing his ground or caving to the immense pressure. Mr. Flynn caved, not because he is guilty, but because of the government’s..."
"...failure to put its cards on the table, as Brady,
requires, and its failure to ensure that Mr. Flynn was represented by un-conflicted counsel when
he was forced to make that decision."
On Covington (I am working backwards here- bear with me) @SidneyPowell1 properly states that in cases where there is such a conflict (Covington had been party to the FARA filings before charges or plea etc) the government acted wholly inadequately (cont)
General Flynn's former attorneys were ethically bound to WITHDRAW from the case- they couldn't provide counsel under these circumstances, and their representation became unconstitutional. Just because the Gov was aware and Flynn ALLEGEDLY agreed, didn't matter.
They weren't permitted to remain. I say allegedly, because it appears that the argument is being made that his former counsel misrepresented that General Flynn was aware.
The government took advantage of the fact that General Flynn didn't know of the conflict or how bad it was, and they had been required to focus the courts attention there.
THEY WANT THE EVIDENCE. They want the evidence, because the evidence is key to so much more. This is telling- General Flynn and Powell could file a motion for dismissal and get it over with, but he is pushing the issue of the evidence because he is a hero. The man is a hero.
From the paragraph: "In conclusion, yes, the government engaged in conduct so shocking to the conscience and
so inimical to our system of justice that it requires the dismissal of the charges for outrageous
government conduct..."
"...However, as fully briefed in our Motion to Compel and Reply, at this time, Mr. Flynn only requests an order compelling the government to produce the additional Brady evidence he has requested—in full and unredacted form..."
"...—and an order to show cause why the government should not be held in contempt. At the appropriate time, Mr. Flynn will file a separate motion asking that the Court
dismiss the prosecution for egregious government misconduct and in the interest of justice. Mr. Flynn..."
"...is entitled to discovery of the materials he has requested in these motions and briefs that will
help him support such a motion."
Now I will move back to the beginning of this, because the work of some of our friends is highlighted here, and it is beautiful and important work.
One of the points that I have been stressing the entire time is the governments WEAK position that it wasn't obligated to provide Brady (exculpatory) material before the plea, or even after. They have hedged on this the entire time, now denying that it exists, but claiming (cont)
that they didn't have an obligation to produce it. That continued in their surreply, and is addressed to start:
Also here, @SidneyPowell1 addresses the governments claim of an "extraordinary reversal". The government claims that General Flynn acknowledged he was guilty of the charges in prior hearings, but here makes a really good point. Read because it is a bit nuanced.
@SidneyPowell1 This statement from McCabe sums it all up, and I don't see how the judge can ignore this: “[T]he conundrum that we faced on their return from the interview is that although [the agents] didn’t detect deception in the statements
that he made in the interview..."
"....the statements were inconsistent with our understanding of the conversation that he had actually had with the ambassador.” McCabe proceeded to admit to the
Committee that “the two people who interviewed [Flynn] didn’t think he was lying, [which] was not..."
"...[a] great beginning of a false statement case.” The next few tweets make it abundantly clear the ridiculousness of the governments argument.
@SidneyPowell1 In this next section, some of the arguments that @JohnWHuber and @Techno_Fog made about the 302's-- this is abhorrent- *if* another 302 DID exist, it had to have contained the same info that was already produced:
@SidneyPowell1 @JohnWHuber @Techno_Fog Quiz: Who produced a graphic similar to this one, being used to demonstrate the material additions in the 302's?
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