@bobby_dread @GenFlynn I want to say 1st that it is difficult to fully convey to non-lawyers the high degree of difficulty of the task @SidneyPowell1 was trying to accomplish for General Flynn with these motions to dismiss for Government misconduct/Brady violations. These motions are rarely granted./1
@bobby_dread @GenFlynn @SidneyPowell1 And the arguments to dismiss are made even more difficult than they inherently are because of two factors: (1) General Flynn plead guilty & (2) he had private lawyers from a large, respected law firm representing him when he plead guilty. /2
@bobby_dread @GenFlynn @SidneyPowell1 In most cases defendants do not get nearly as much documentation from prosecutors as General Flynn has gotten.What you’re entitled to receive in “discovery materials” from prosecutors is laughably little. Anything above that, which notes from the 302s usually are, is a contest./3
@bobby_dread @GenFlynn @SidneyPowell1 @SidneyPowell1 is aggressive & knowledgeable about DOJ/FBI practices, so she requested materials that many defense lawyers would not. The kinds of things she wanted are not things a judge here routinely sees defense counsel demanding. /4
@bobby_dread @GenFlynn @SidneyPowell1 Whether you can get them or not depends on the strength of your case facts & how established or novel the legal argument is that you’re making to get the materials. /5
@bobby_dread @GenFlynn @SidneyPowell1 Arguing that the 302s were inconsistent with the agents’ notes raises a troubling issue that clearly needs to be addressed by the court. The judge looked at the issue but said after reviewing the interview materials that he did not think the 302s had been materially altered./6
@bobby_dread @GenFlynn @SidneyPowell1 He didn’t find there were significant differences between the notes & the reports (the 302s). The allegation was the agents had said they didn’t think Flynn was untruthful in the interview, but that is apparently not in the 302s. Judge Sullivan believed the prosecutors’ . . . /7
@bobby_dread @GenFlynn @SidneyPowell1 . . . arguments that none of the interview materials were missing & that the notes & the 302s were consistent with each other. He pointed out that agents rely not just on their notes but their memory of the interview to write the reports (302s). /8
@bobby_dread @GenFlynn @SidneyPowell1 Having found no Brady (disclosure of exculpatory evidence) violations, he denied the requests to produce more documents & to dismiss for prosecutorial misconduct, etc. He set final briefing dates for the sentencing materials & scheduled the sentencing for Jan 28th. /9
@bobby_dread @GenFlynn @SidneyPowell1 This result is not at all surprising to me. The law is very difficult for defendants in these kinds of arguments. I had a trial with a Judge Sullivan last year. I figured he would deny the motions. It will be interesting to see what the next move is for Flynn. /10
@bobby_dread @GenFlynn @SidneyPowell1 There are really only 2 options: move to w/draw the plea (& go to trial) or go to sentencing (& appeal).When you plead guilty you waive your right to appeal except for 3 arguments: ineffective assistance of your defense lawyer, prosecutorial misconduct & an illegal sentence. /11
@bobby_dread @GenFlynn @SidneyPowell1 Flynn would need Judge Sullivan’s permission to w/draw the plea, but not to appeal. /12
