Judge Sullivan issued an updated standing order in U.S. v. Flynn that details the govts obligations under Brady. https://www.courtlistener.com/recap/gov.uscourts.dcd.191592/gov.uscourts.dcd.191592.20.0.pdf … ORDER Pursuant to Brady v. Maryland, 373 U.S. 83 (1963), and its progeny, the government has a continuing obligation to produce all evidence required by the law and the Federal Rules of Criminal Procedure. See id., 373 U.S. at 87 (holding that due process requires disclosure of “evidence [that] is material either to guilt or to punishment” upon request); Kyles v. Whitley, 514 U.S. 419, 437-38 (1995) (holding that the obligation to disclose includes producing evidence “known only to police investigators and not to the prosecutor” and that “the individual prosecutor has a duty to learn of any favorable evidence known to others acting on the government’s behalf . . . , including the police”); United States v. Agurs, 427 U.S. 97, 107 (1976) (holding that the duty to disclose exculpatory evidence applies even when there has been no request by the accused); Giglio v. United States, 405 U.S. 150, 153-55 (1972) So what is this all about? Well, clearly the federal judge wants to know if Robert Mueller's team withheld exculpatory evidence in their malicious prosecution of former national security adviser Michael Flynn. Judge Emmet G. Sullivan, United States district judge for the District of Columbia, on Friday issued what is called the “Brady rule," which requires the prosecution to turn over "any exculpatory evidence" to the defendant in a criminal case, meaning Mueller must provide Flynn with all information that is favorable to his defense. Flynn’s attorneys should begin receiving the required disclosures from the special counsel’s office any time now, and there is good reason to believe there will be bombshells. Federal judge Rudolph Contreras took his plea and then was forcibly recused from the case less than a week later. Come to find out, we later learned that Contreras served on the very special court that allowed the FBI to illegally surveil the Trump campaign based on a fraudulent FISA application that relied heavily on the unverified anti-Trump dossier, paid for by Hillary Clinton. Comey testified to lawmakers that the FBI agents who interviewed Flynn did not believe that Flynn had lied to them, that any inaccuracies in his answers were of the sort to be expected when pitting an unprepared person's recall against a secret transcript.
Apparently not all prosecutors agree. Sidney Powell Former federal prosecutor Watching guilty pleas evaporate is nothing new for Mr. Mueller’s favored lieutenant Andrew Weissmann. Along with his Enron Task Force comrade Leslie Caldwell, Weissmann terrorized Arthur Andersen partner David Duncan into pleading guilty. (RELATED: Meet The Very Shady Prosecutor Robert Mueller Has Hired For The Russia Investigation) Weissmann and Caldwell made Duncan testify at length against Arthur Andersen when they destroyed the company and 85,000 jobs only to be reversed by a unanimous Supreme Court three years later. Turns out, the “crime” they “convinced” Mr. Duncan to plead guilty to was not a crime at all. The court allowed Duncan to withdraw his plea. And, that was not the only Weissmann-induced plea to be withdrawn either. Just ask Christopher Calger. Extraordinary manipulation by powerful people led to the creation of Robert Mueller’s continuing investigation and prosecution of General Michael Flynn. Notably, the recent postponement of General Flynn’s sentencing provides an opportunity for more evidence to be revealed that will provide massive ammunition for a motion to withdraw Flynn’s guilty plea and dismiss the charges against him. It was Judge Rudolph Contreras who accepted General Flynn’s guilty plea, but he was suddenly recused from the case. The likely reason is that Judge Contreras served on the special court that allowed the Federal Bureau of Investigation to surveil the Trump campaign based on the dubious FISA application. Judge Contreras may have approved one of those four warrants. http://dailycaller.com/2018/02/16/g...-new-judge-is-a-government-misconduct-expert/
The point in fact ... Sullivans order specifically provides both the mechanism, and precedent by which to withdraw that guilty plea. Legal scholars are pondering those implications, at the same time they consider the implications of Contreras failure to do so before accepting Flynns plea.
"In his revised standing order issued on Friday, Sullivan dropped a lengthy footnote, detailing the case law and setting forth his position that, if material exculpatory evidence is withheld during plea negotiations, a defendant is entitled to withdraw his guilty plea." New Republic And if there is evidence of, "evidence tampering," the judge can invite Mueller, McCabe and/or anyone else involved into a, "fraud against the court," misconduct case.
Just to add to this, Flynn was accused of perjury based on his interview with rogue FBI agent Strzok who deliberately went easy on Hillary and who was vehemently anti-Trump to the point of willing to break the law to unseat him. Things may get very interesting very soon.
So you believe that a special council should be able to empanel a bunch of partisan hacks who voted 100% for the loser and be given the opportunity to reverse the vote using the heavy hand of the BIG GOVERNMENT who denied the accused a speedy trial in order to bankrupt him into submission? What country were you raised in? Don't tell us. The banana republic of Obamaland. Proof positive we should never have let the election of a Kenyan national stand.
There is also a pending question about whether the 302 forms that Strzok originally filled out were altered. McCabe evidently had a hand in the matter. Trump initially seemed to be intend on letting Hillary slip into history, but now this whole massive investigation has taken on a life of its own. The Democrats may be sorry that they didn't let sleeping dogs lie. We are find out so very much about their disgusting abuses of power.
If I understand correctly, Strzok and the other agent reported on their 302 forms (only record of these, submitted as summaries) that Flynn dd NOT lie. So, the question is, why did Mueller charge him anyway, did Mueller disclose to him that the FBI agent who interviewed him had been removed for extreme bias and did Mueller disclose to him that the FBI agents who interviewed him concluded that he had not lied? Obviously not, as he never would have pled, given that, and any prosecutor with an ounce of integrity would have never been pursuing charges against him. Remember, these are the same clowns who jailed Martha Stewart for a year, for denying committing a crime she was never even charged with committing. These prosecutors are the dirtiest of the dirty, the biggest liars and cheaters. And, get this, the Judge who was suddenly and forcibly recused, is a FISA judge, likely the same ignorant clown that authorized the illegal spying based on Hillary's pile of crap opp-dirt dossier. Now they have a real judge in there who will not hesitate to jail one of these out of control prosecutors if they walk in there and tell lies and try to railroad an innocent defendant by breaking him financially and threatening his children with malicious prosecution. Remember, Mueller and his clowns are the same ones who did the dawn raid on Manafort, a cooperating witness, and frisked his wife, in bed, before she could get dressed. To describe these lawless bastards as dirty rotten scum is really an insult to lawless bastards and dirty rotten scum. So, why did the Mueller withhold exculpatory information from Flynn, he was duty bound to provide, in order to get a dirty guilty plea? Well, first, he is muscle-headed bumbling scum. If you want to truly understand what a destructive idiot Mueller is, read up on how badly he blew the Anthrax guy. He zeroed in on the wrong guy, made his life a living hell for five years, the government had to pay him $6M in damages, and Mueller refused to even apologize. So, why did Mueller pursue this malicious prosecution of Flynn and his family, and man with 32 years service to this nation? Well, he is a dirty rotten rooster sucker, but, in addition to that, there is some whispering that Andy McCabe criminally altered the 302 forms submitted by Styrok and the other agent. Nobody knows how to spin that, or, explain why exculpatory information was withheld from Flynn, so, if Mueller can withdraw the charges, he will, if he cannot and only the Judge can, I suspect there is going to be a first rate blistering of all involved. This is a no-nonsense judge has the proper righteous fury directed at these dirty rotten filthy criminal prosecutors, and maybe even this despicable piece of crap FISA judge.
Sorry, but Mueller and his team are not that dumb. That is the sort of stupidity that I might expect from Sekulow or the guy that looks like Wilfred Brimley.
So you think, from a general legal point of view, investigators should be able to withhold evidence in order to extract a guilty plea from an accused person, and that once the plea is made, case closed? Really?