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.
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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