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Sidney Powell’s Latest Motion In Michael Flynn’s Case Is A Russiagate Bombshell

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12.09.2019

On Wednesday, the previously sealed Motion to Compel filed against federal prosecutors in the Michael Flynn case was made public with only minor redactions. Just the day before, during a hearing before federal judge Emmet Sullivan, Flynn’s attorney, Sidney Powell, had highlighted some of the evidence prosecutors withheld from her defense team. Yesterday’s filing expanded exponentially on the areas of evidence Powell seeks and lays bare Powell’s bigger plan moving forward: to expose the breadth and depth of SpyGate and how flaying Flynn lay at the heart of the soft coup attempt.

In her Motion to Compel, Powell catalogued 40 categories of evidence the government has refused to turn over. She seeks a court order requiring federal prosecutors to provide the withheld evidence under Brady and its progeny. Brady and its offshoots require prosecutors to disclose material exculpatory and impeachment evidence to the defense team. And, as Judge Sullivan made clear during Tuesday’s hearing, that duty exists even though Flynn had already pleaded guilty and even though he had agreed that the government would not be required to provide him with further evidence.

Powell, though, must still establish that the evidence sought is Brady material. Judge Sullivan seemed skeptical of the relevance of some of the evidence Powell mentioned and how it bore on Flynn’s guilt for the offense of conviction, namely lying to FBI agents. But Powell parried well, noting, for instance, that evidence concerning the texts exchanged between former FBI Agent Peter Strzok and DOJ lawyer Lisa........

© The Federalist