I know what you're asking--why wasn't this exculpatory evidence turned over previously? Good question! All I can suggest is that maybe it has something to do with Dana Boente's dismissal. Boente, you'll recall, was acting DAG at DoJ and signed off on one of the Page renewal FISAs. He then went over to be the top lawyer at the FBI, for Director Chris Wray.
The new exculpatory evidence isn't available yet, but I'm guessing it won't be long. In the meantime, below I've pasted in the letter (dated today) informing Flynn's lawyers of the new development.
The letter is somewhat amusing, in that Jocelyn Ballantine--the letter's signatory--also signed the final brief submitted to the Court of Appeals by DoJ, and included in it a huffy footnote dismissing the notion that there had been any prosecutorial misconduct whatsoever in the Flynn case. At that time it was thought that Ballantine was throwing the FBI under the bus. Nevertheless, inquiring minds would naturally want to know just how hard the Flynn prosecutors pushed the FBI regarding the entire issue of exculpatory evidence. After all, if "USA EDMO" [Jensen] was able to "obtain" these notes (and others), why were the original prosecutors unable to do so? And "additional documents may be forthcoming"! There's no possible way that this reflects well on Team Mueller, or on Sullivan who has been intent on jailing Flynn, rather than seeing justice done.
2911 Turtle Creek Blvd., Suite 300
Dallas, TX 75219
Harvey & Binnall, PLLC
717 King Street
Alexandria, VA 22314
Re: United States v. Michael T. Flynn, 17-cr-00232 (EGS)
As we have previously disclosed, beginning in January 2020, the United States Attorney for the Eastern District of Missouri has been conducting a review of the Michael T. Flynn investigation. The enclosed document was obtained and analyzed by USA EDMO during the course of its review. This page of notes was taken by former Deputy Assistant Director Peter Strzok. While the page itself is undated; we believe that the notes were taken in early January 2017, possibly between January 3 and January 5. These materials are covered by the Protective Order entered by the Court on February 21, 2018; additional documents may be forthcoming.
MICHAEL R. SHERWIN
Acting United States Attorney
Assistant United States Attorney
I wonder what else will magically appear.
Now to see if this will influence Sullivan’s actions and the court of appeals.
It gives a nice excuse for Sullivan to end the fiasco he created.
Judge Sullivan's actions have been so bizarre that I wonder if he's being pressured somehow. I wonder the same thing about Chief Justice Roberts with regard to his inexplicable ruling in Bostock v. Clayton.Delete
Trust in our institutions must be restored, and the first step is for institutions to be trustworthy.
indeed, if Sullivan were smart, he’d take this opportunityDelete
I'm afraid that with Roberts there's a pattern.Delete
This is a smoking gun, and as the letter implies, there may be more smoking guns waiting in the wings. And such, this revelation creates a huge conundrum for both Sullivan and the Appeals Court. This case has become a tar baby, and everyone that's touched it has taken on risk that gets worse with each passing day. Brady violations are stacking up at an alarming rate and Sullivan can't ignore that forever. He's also got to be seriously angry at being made to look like a fool, and will be looking for a way out that allows him to save face. Ditto for the Appeals Court. At this point, there really is no way for DOJ/FBI participants in this caper to avoid criminal liability. Let the singing begin.ReplyDelete
I believe that the plan is to slow-walk and stall until after the November election. If Trump loses, it will all disappear faster than Hillary's emails.Delete
If so, then the Court of Appeals didn't play along with that. After all, they scheduled the whole mandamus petition proceedings on a super expedited basis.Delete
Big time updates on the Sullivan case.ReplyDelete
And that's not the half of it. Obama implicated in the Flynn persecution by Strzok's notes.Delete