1/6 Spoke and exchanged emails with a prominent attorney and a judge today about the ramifications of the alleged conspirators withholding evidence in Flynn case. While neither would directly/specifically address the merits of the case, they did indicate that if it is found
2/6 that they knowingly, purposefully, withheld exculpatory evidence,that would put them in significant “world of hurt. The Brady Rule (derived fromBrady v. Maryland, 373 U.S. 83) requires prosecution to disclose any “materially exculpatory evidence in its possession” to defense
3/6 Previous cases where the prosecution purposefully withheld evidence has resulted in a range of (for lack of better terms), penalties. These range from (during trial) a judge providing instructions to the jury, to outright dismissal of a case, to sanctions against prosecutors
4/6 Oftentimes, it’s lower level bureaucrats, investigators, cops, etc., who are tagged for hiding/destroying/delaying exculpatory evidence from being presented. In those cases, you’ll typically see things like having the case dismissed. But there are occasional instances where
5/6 AG’s will go after miscreants for “prosecutorial misconduct.” The fact that these bits of exculpatory evidence have had to be pried from the hands/file cabinets/hard drives of key prosecution witnesses, investigators, etc., could be enough to bring a prosecution, itself.
6/6 Again, all this was discussed without it specifically addressing Flynn and Strzok, but when they were mentioned, these folks - who are ardent Dems - were not happy. They know this is more than something that just “smells bad.”
