On Tuesday General Flynn and his attorney Sidney Powell attended a scheduled conference with US District Judge Emmet Sullivan to discuss Flynn’s cooperation with prosecutors and whether the two sides are ready to set a sentencing date.
During the hearing on Tuesday, Sidney Powell told the Court that she identified differences in the 302s and the notes and materials underlying the 302s taken by FBI agents during their January 24th ambush interview with Flynn.
A 302 report is used by the FBI to summarize notes taken while interviewing a subject and must be submitted within 5 days of the interview, according to FBI rules.
“[We’ve] identified material differences between the agents’ notes from their interviews of Mr. Flynn on the 24th and the 302 they produced.”
The DOJ claimed they don’t have the original Flynn 302.
“They say they don’t have it, but it would certainly be in the FBI’s computer system. Things don’t disappear like that. So that still needs to be produced,” Sidney Powell argued to the Court.
Another revelation: the original 302 is missing.
The DOJ says "they don't have it." pic.twitter.com/bmbyG0mtYx
— Techno Fog (@Techno_Fog) September 10, 2019
Sidney Powell also said Tuesday that “There have been stunning failures to produce Brady [material] in this case going back as far as July 2017…”
Also revealed Tuesday was evidence of a bombshell DOJ memo that exonerates General Flynn.
A bombshell revelation was barely noticed at National Security Advisor Michael Flynn’s hearing Tuesday, when his counsel revealed in court the existence of a Justice Department memo from Jan. 30, 2017 exonerating Flynn of any collusion with Russia.
The memo, which has still not been made available to Flynn’s attorney Sidney Powell, is part of a litany of Brady material she is demanding from prosecutors. The memo is currently under protective order and Powell is working with prosecutors to get it disclosed, SaraACarter.com has learned.
Why won’t the FBI/DOJ hand over the original Flynn 302?
One reason is because it has been reported that former FBI Deputy Director Andrew McCabe altered the 302 notes taken by FBI agents Peter Strzok and Joe Pientka — then McCabe destroyed the evidence.
According to reporters and lawyers who attended Tuesday’s hearing, Judge Emmet Sullivan took notice and agreed with Sidney Powell when she argued that there was no factual predicate for the FARA violation.
If “there was no factual predicate for that FARA violation, then it should not have been mentioned at all as a potential ‘benefit'” Judge Sullivan said.
Judge Sullivan asked Sidney Powell if she wanted to withdraw Flynn’s guilty plea. Powell declined to answer but she said that she wants the entire case thrown out for “egregious” misconduct.
Interestingly, Brandon Van Grack, who was one of Mueller’s lawyers on Flynn’s case, said to Judge Sullivan on Tuesday that prosecutors will “refile” their sentencing memo on Flynn.
“This (refiling the memo) suggests that they are no longer going to recommend only probation if Flynn sticks to his plea…Ups the stakes considerably,” said Attorney Will Chamberlain who attended Tuesday’s hearing.