nearvideo Flynn negotiation aborted after a short supposedly revealed the FBI tampered with interview recordings
Judge Andrew Napolitano breaks down the bizarre twist and turns’ in the case against the former national security adviser.
Michael Flynn’s lawyer on Monday urged in a court filing that the FBI search for it thoroughly, its internal “Sentinel database” and check on “every” document in the agent documents your critical. January 2017 the White house in an interview with the former national security adviser after it emerged last month that the FBI officials had, apparently, the so-called “302 manipulated” witnesses in the case, weeks after the interview.
Flynn’s attorney, Sidney Powell, also claimed that hand-written notes from the interview of da-triggered FBI agent Peter Strzok and the other agents are simply incompatible with each other, as well as the recent FBI-302 confirms that Flynn’ s guilty plea for one count of making false statements to investigators.
The government has insisted that its after-the-fact changes to the FBI-witness reports have argued that grammatical “and largely stylistic,” Powell, that they were, in fact, very factual, and improper changes to, the questions inaccurately, it appeared that Flynn had issued blanket denials to the agent.
Powell noted in the filing that the request, which is trying the case against Flynn thrown out because of “outrageous government misconduct.” Most courts agree that the Supreme Court “would find that the government, Powell wrote a duty to disclose exonerating evidence to the defence stage,” added that the government deliberately manipulated its time to back up witness reports guilty.
READ THE NEW FLYNN-SUBMISSION
In the meantime, Powell argued that there was no excuse for the FBI not immediately comprehensive “redaction history, audit trail, and metadata produce”, for the Flynn witnesses, which the government argues, shows that Flynn lied to Strzok and other agents in relation to its communication with the Russian Ambassador on two things: a un vote on Israel, as well as the Obama administration’s sanctions against Russia.
But, just a day before the fate of Jan stick. 24, 2017 Flynn, White house, interview, The Washington Post ran a story, the behavior of several U.S. intelligence sources openly, stating that the FBI had listened to Flynn ‘ s demands, with the Russian Ambassador, you are assessed and found not to fail.
And the notes from both of the Strzok and the other agent is not notified that you detect any physical signs that Flynn was on you, Powell observed — frustrating agents ” allegedly “fictitious” efforts to the case, Flynn, who had powerful enemies in Washington, under the Obama administration, on a process crime.
Obama administration Director of National Intelligence James Clapper told a reporter that the “kill shot” by Michael Flynn, newly disclosed text – -show messages. (AP Photo/Alex Brandon, file)
(The Associated Press)
Powell’s main jumping-off point in Monday’s filing was the newly revealed text messages between Strzok, a former FBI lawyer, Lisa page, which showed that page-who was present for the Flynn-interview-and he had apparently made “edits” to the 302 report. Page said Strzok on February 10, 2017, you “gave up my edits to the Bill, to have it on your Desk.”
Later that day, “Strzok went into the office, took a page edited and changes made, which any reasonable person would hold material for the 302,” wrote Powell.
In particular, Strzok, ” added a definitive statement,” the assertion of the 302 report, that, “Flynn said, he did not” ask the Russian Ambassador to vote a certain way on a resolution by the United Nations over Israel.
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“This is much different from the tones of the state, Flynn was wrote not Kislyak speak to remember on the UN vote issue” Powell.
Separately, Powell claimed that the 302 has been changed to indicate that Flynn had answered “no” when asked whether the Russian Ambassador, “described any Russian response to a request from Flynn.” But, Strzok of simultaneous notes, not to mention, the “Russian answer” to all, Powell observed.
Adding insult to injury, Powell claimed, the hand-written “notes, no signature and date as required by the FBI, the doubts as to its authenticity.”
“If the signatures and data are present in the originals, the government has unfairly blackened, that information, with or without a black mark to reveal an editorial, which itself is a form of deception,” she wrote in the application.
The FBI has argued that an apparent lack of version of the Flynn 302, submitted prior to February 2017, and must not be produced, because “there is no reason to believe that it would be a lot put different” from the material available to Flynn’s legal team. But, Powell wrote, the law that is an intentional or unintentional evidence of looting or destruction, clear, and “requires the assumption that the evidence is favorable to the defense.”
Further, the notes were made available to “not say that [Flynn] made any false statement at all,” Powell. “The agents reported back to believe he’s either honest, or believed that he was telling the truth. There is nothing in the 302s—draft or final—says, that he made false statements. And the notes do not match—especially to the statements in relation to the UN-vote and sanctions.”
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Strzok has previously noted that he was primarily responsible for questions of Flynn, while the other agent dealt with simultaneous notetaking. But the government has taken since argued before the court that both sets of notes were at the same time.
“Even a layman can identify the two sets of notes, and that Strzok is vanishingly small, printed, in-the-lines, the longer and more detailed notes none of the flag carry back, while written in the press an interview—much less by the secondary note-taker,” Powell fired. “This observation is even clearer when compared with Agent 2, the notes that appear at the same time.”
Normally, Powell noted, false statements cases arise “on the side”, when the FBI in the interrogation of suspects as part of an investigation. But in this case, FBI agents under the leadership of FBI assistant Director Andrew McCabe your normal procedure broke to question McCabe at the White house in reference to his phone calls intercepted with the Russian Ambassador.
(McCabe and Flynn have a personal story, and the Obama administration triggered Flynn in the year 2014, later, warning of the trump administration, which is not set on him.)
To use “here, the former FBI agent Peter] Strzok [‘ s own words, the investigation is a pretext,'” Powell wrote. “The object of the Interviews was to secure, rather than block, a 1001 [false statements] injury.”
DEALING WITH FLYNN’S CASE DIFFERS SIGNIFICANTLY FROM INTERVIEWS WITH CLINTON ASSOCIATES — HERE IS HOW IT WENT
The former FBI-Director James Comey admitted in an interview last year that he personally made the decision to send, to interview a couple of agents, and Flynn in the year 2017, and acknowledged the arrangement was typical for dealing with White house officials.
He called it “something I probably would have done or maybe get away with more … … to organise the administration.”
According to Flynn’s previous legal situation-Teams, FBI instruct the agents in his case on purpose, Flynn, that the false statements he made, could constitute a criminal offense, and decided not to confront directly with him about everything he said contradicted their knowledge intercepted his communication with the Russian envoy.
Representatives for Strzok and page did not immediately respond to Fox News’ request for comment.
Powell-filing is only the latest in a series of motions to the court in the name of Flynn. Last month, Powell, the state requested that prosecutors turn over any two phones Malta professor Joseph Mifsud, whose role in the Trump-Russia investigation was shrouded in a long time secret.
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Powell, a defense of Flynn led guilty to an escalating battle with the government, with the Flynn’s conviction still up in the air for his. The government said in late August that the case was ready for sentencing after months of delay. U.S. district judge Emmet Sullivan has a Dec. 18 of the sentencing date, although it is unclear whether it could be fired again.
Fox News’ Brooke Singman contributed to this report.