On Thursday, Mike Flynn’s legal team was back in court. What the team, led by the awesome Sidney Powell, is trying to do is to convince a federal judge that the government’s treatment of Flynn has been so egregious and so in defiance of court orders that the only remedy is to throw out the case. My colleague, Bonchie, covered it in Michael Flynn’s Legal Team Throws Down The Gauntlet. Essentially, Powell asked Judge Emmett Sullivan to make the government show cause as to why it should not be held in contempt.
Now that Powell’s full motion to compel has been unsealed, we can see that she knows a helluva lot about what went on within the upper ranks of the FBI and that can only be because someone who was in the room at critical times is feeding her information.
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.
Some of the evidence Powell seeks is already presumed by many to exist, such as FISA applications pertaining to Flynn and the original 302 written shortly after FBI agents interviewed Flynn about his conversations with the Russian ambassador. But other evidence Powell identifies reveals that she has skinned all the snakes involved in SpyGate and knows exactly what went down. For instance, Powell requested “any information, including recordings or 302s, about Joseph Mifsud’s presence and involvement in engaging or reporting on Mr. Flynn and Mifsud’s presence at the Russia Today dinner in Moscow on December 17, 2015.”
It was at that dinner gathering that Flynn met Vladimir Putin. (A photograph capturing the two at that event has been used to further the Flynn-is-a-Russian-agent narrative.) Powell’s court filing is the first we are learning that Mifsud also attended that gathering—a strange coincidence given the FBI’s claim that it launched its investigation into the Trump campaign upon learning that Mifsud had informed the young Trump advisor George Papadopoulos that the Russians had dirt on Hillary.
Indeed, everything we’ve seen and heard to date indicates that far from being a Russian agent of some sort, Joseph Mifsud was a wholly owned property of one or more Western intelligence services. The fact that Mueller did NOT interview him despite him being available and his links to Western intelligence services calls into question the value of the information that he allegedly passed onto George Papadopoulos about the Russians “having dirt” on Hillary.
But then it gets really funny. This is via Legal Insurrection:
* Any and all evidence that during a senior-attended FBI meeting or video conference, Andrew McCabe said, “First we fuck Flynn, then we fuck Trump,” or words to that effect.
* A letter delivered by the British Embassy to the incoming National Security team after Donald Trump’s election, and to outgoing National Security Advisor Susan Rice (the letter apparently disavows former British Secret Service Agent Christopher Steele, calls his credibility into question, and declares him untrustworthy).
* All payments, notes, memos, correspondence, and instructions, by and between the FBI, CIA or DOD with Stefan Halper–going back as far as 2014–regarding Michael Flynn, Svetlana Lokhova, Mr. Richard Dearlove (of MI6), and professor Christopher Andrew (connected with MI5) and Halper’s compensation through the DOD Office of Net Assessment as evidenced by the whistleblower complaint of Adam Lovinger….
* Unredacted copies of all memos created by or other communications from James Comey that mention or deal with any any investigation, surveillance, FISA applications, interviews, or use of a confidential human source or “OCONUS lures” against Mr. Flynn.
* An internal DOJ document dated January 30, 2017, in which the FBI exonerated Mr. Flynn of being “an agent of Russia.”
The top two are total game changers. Together they show that the FBI knew that Steele’s dossier was largely a fraud and it also shows that McCabe had targeted both Flynn and Trump. This specific items shows that there are people in the FBI telling Powell what went on and where to look and this, in turn, puts the FBI on notice that lying about their existence is simply begging for someone to leak a copy of the documents to her…assuming that hasn’t already been done.
No matter what you think about Trump or Flynn, you should be able to see that Flynn was targeted for a malicious prosecution by an outgoing administration and its loyalists. That is wrong. That is why we are not Brazil or Argentina. The takeaway should not be “har, har, har, that’s funny” it should be “if they will do it to the President of the United States and his top staff, then you, my friend, are so very f***ed.”