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New FBI texts show FBI agents in an uproar over improper handling of the Crossfire Hurricane case, according to new federal court filings.

100% found this document useful (6 votes)

34K views13 pages

Description:

New FBI texts show FBI agents in an uproar over improper handling of the Crossfire Hurricane case, according to new federal court filings.

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UNITED STATES DISTRICT COURT DISTRICT OF COLUMBIA UNITED STATES OF AMERICA v. MICHAEL T. FLYNN, Defendant. Criminal Action No. 17-232-EGS THIRD SUPPLEMENT IN SUPPORT OF AGREED DISMISSAL

 On May 7, 2020, the Government moved to dismiss with prejudice the prosecution of General Flynn. ECF No. 198. Until this case is dismissed with prejudice, the Government has a continuing obligation to provide to the defense all evidence that is exculpatory of General Flynn, establishes misconduct by the Government in its many capacities that contributed to this wrongful prosecution, or otherwise is favorable to the defense.

 Brady v. Maryland

, 373 U.S. 83 (1963). The defense has a continuing obligation to make a record that mandates this dismissal— especially in view of this court’s unprecedented procedures and position. Late last night, the Government produced yet another tranche of documents—its fifth production of exculpatory evidence since April of 2020, and its third since filing its massive Motion to Dismiss. ECF Nos. 198, 231, 237. According to the Government’s production correspondence: “The documents include

Case 1:17-cr-00232-EGS Document 248 Filed 09/24/20 Page 1 of 13

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handwritten notes of former Deputy Assistant Director Peter Strzok (23501 & 23503) and former Deputy Director Andrew McCabe (23502); and internal text messages between FBI analysts who worked on the Flynn matter (23504- 23516); . . . additional text messages between former DAD Strzok and Lisa Page (23516-23540).” The 41 pages of additional evidence demonstrate (i) his innocence; (ii) the absence of any crime; (iii) government misconduct in the investigation of General Flynn; and (iv) continuing prosecutorial misconduct in the suppression of evidence favorable to the defense in violation of

 Brady v. Maryland

 and this Court’s

 Brady

 order. ECF No. 20. These documents provide information long known to the agents and others at the highest levels of the Department of Justice and the FBI; information long concealed by the Special Counsel and FBI. This evidence shows outrageous, deliberate misconduct by FBI and DOJ—playing games with the life of a national hero. It negates multiple essential elements required for the prosecution of a false statement offense and any “offense” even considered in relationship to Flynn Intel Group’s review of open source information regarding Fethullah Gulen and the Muslim Brotherhood. This remarkable new production shows that in August of 2016, the FBI analysts discussed the preference of some agents for a Clinton Presidency—a known quantity—“instead of a wild card like [T]rump.”

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In messages exchanged on the FBI’s “Lync” messaging system in October of 2016, FBI employees exchanged messages about the “Crossfire Road Show,” stating that they were “interested to see how this all plays out.” They knew exactly how bad it was: “I’m tellying man, if this thing ever gets FOIA’d, there are going to be some tough questions asked.” Notably, the “investigation” of General Flynn was first closed by November 8, 2016. The FBI agents write: “he said shut down Razor” and “so glad they’re closing Razor.” However [redacted] “was silent though, so who knows what he will want.” Was that Andy [McCabe]?

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 General Flynn has a Sixth Amendment right to a public exoneration regarding the proceedings against him, and the American people have a right to know the truth about the nefarious conduct and the people who committed it. The defense objects to any redactions and demands that the Government file these documents unredacted on the public record.

Case 1:17-cr-00232-EGS Document 248 Filed 09/24/20 Page 3 of 13

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