Prosecutors Dodge Michael Flynn’s Best Arguments, Attempt To Hide Evidence

1. Powell was referring to the December 12, 2017, standing order Sullivan issued directing “the government to produce to defendant in a timely manner – including during plea negotiations – any evidence in its possession that is favorable to defendant and material either to defendant’s guilt or punishment.” That standing order, which Sullivan issues as a matter of course in all of his criminal cases, further directed the government, that, if it “has identified any information which is favorable to the defendant but which the government believes not to be material,” to “submit such information to the Court for in camera review.” Evidence that the second lead agent involved in interviewing Flynn had engaged in misconduct in the FISA case against Page would seemingly qualify as favorable and material evidence, and thus be subject to production “in a timely manner.” Yet the government completely ignored the court’s standing order, both in regard to producing the material and in responding to Powell’s motion.
2. SSA 1 told Horowitz’s team that attending the briefing provided him “the opportunity to gain assessment and possibly have some level of familiarity with [Flynn],” such as learning “Flynn’s overall mannerisms.” SSA 1 went further, stating that “in this instance it actually proved useful because SSA 1 was able to compare Flynn’s ‘norms’ from the briefing with Flynn’s conduct at the interview that SSA 1 conducted on January 24, 2017, in connection with the FBI’s investigation of Flynn.” As I explained shortly after the IG report broke, “this revelation is significant because former FBI Director James Comey testified to the House Intelligence Committee that the agents who interviewed Flynn ‘discerned no physical indications of deception.
3. Two weeks ago, in addition to filing a supplemental motion to withdraw the guilty plea Michael Flynn had entered on December 1, 2017, Flynn attorney Sidney Powell filed a second motion seeking dismissal of the charge against President Trump’s short-tenured national security advisor, based on egregious government misconduct and in the interest of justice.

https://thefederalist.com/2020/02/13/prosecutors-dodge-michael-flynns-best-arguments-attempt-to-hide-evidence/