Flynn's lawyer asks the court to dismiss the case and hold the prosecution in contempt for manipulation of th record
Fox News:
The Daily Caller has more on the filing.
Power Line reveals more of the FBI plot to entrap Flynn:
An explosive new court filing from Michael Flynn’s legal team alleges that FBI agents manipulated official records of the former national security adviser’s 2017 interview that led to him being charged with lying to investigators. It's Flynn's lawyers' latest attempt to get the case thrown out.If what Flynn's lawyer says is true, then he has clearly been treated unfairly and appears to be deliberate set up by the FBI and DOJ. If the government manipulated the record to make a case against Flynn, those responsible for that should not only be held in contempt but also be prosecuted.
Sidney Powell, Flynn’s attorney, filed a 37-page motion on Thursday, outlining several big allegations, once again requesting the government produce all evidence as it relates to Flynn — urging the court to “dismiss the entire prosecution for outrageous government misconduct” and hold the prosecutors in contempt.
The entire case stemmed from that FBI interview where Flynn was asked about his conversations with former Russian Ambassador Sergey Kislyak. Flynn ultimately pleaded guilty to making false statements regarding those conversations during his interview, as part of former Special Counsel Robert Mueller’s investigation.
But as his legal team goes on offense in the long-running and still unresolved court proceedings, Powell alleged that FBI officials manipulated Flynn’s FBI 302 — a form used by agents to report or summarize interviews. It's not clear who may have done the alleged editing, though ex-FBI agent Peter Strzok was involved in the original interview.
“Those changes added an unequivocal statement that ‘Flynn stated he did not’ — in response to whether Mr. Flynn had asked Kislyak to vote in a certain manner or slow down the UN vote [on sanctions],” Powell wrote. “This is a deceptive manipulation because, as the notes of the agents show, Mr. Flynn was not even sure he had spoken to Russia/Kislyak on the issue. He had talked to dozens of countries.”
Powell also alleged that agents added: “or if Kislyak described any Russian response to a request by Flynn.”
“That question and answer does not appear in the notes, yet it was made into a criminal offense,” Powell wrote. “The draft also shows that the agents moved a sentence to make it seem to be an answer to a question it was not.”
Powell also raised concerns about text messages between Strzok and former FBI lawyer Lisa Page days following the publication of the salacious anti-Trump dossier, which was funded by the Clinton campaign and the Democratic National Committee through law firm Perkins Coie.
As the coverage of the dossier spread in the media, the filing said, "Strzok wrote to Page: ‘Sitting with Bill watching CNN. A TON more out…We’re discussing whether, now that this is out, we can use it as a pretext to go interview some people.’”
“In the next two weeks, there were ‘many meetings’ between Strzok and [former Deputy FBI Director Andrew] McCabe to discuss ‘whether to interview National Security Adviser Michael Flynn and if so, what interview strategies to use,’” the document continued.
Powell alleged that on Jan. 23, 2017 – the day before the FBI interviewed Flynn at the White House – “the upper echelon of the FBI met to orchestrate” strategies that would have Flynn talk “in such a way as to keep from alerting him from understanding that he was being interviewed in a criminal investigation of which he was the target.”
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While saying "Comey and McCabe were executing their own agenda—not investigating a crime," she continued to claim the government is hiding evidence "of the original 302, other exculpatory texts, and other forms of information completely.”
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The Daily Caller has more on the filing.
Power Line reveals more of the FBI plot to entrap Flynn:
...Indeed. It is one that should result in the dismissal of the case against Flynn. I have a feeling that the Barr and Durham investigation is going to show that Papadopoulos was also deliberately entrapped.
Many of the juicy tidbits come from texts between Peter Strzok and his illicit lover, Andrew McCabe’s Special Counsel Lisa Page. These texts have dribbled out over a considerable period of time, and I take it that at least some of the ones quoted here are new. For example:As news of the “salacious and unverified” allegations of the “Steele dossier” dominated the media, Strzok wrote to Page: “Sitting with Bill watching CNN. A TON more out. . . We’re discussing whether, now that this is out, we can use it as a pretext to go interview some people.”So Hillary Clinton’s fictitious campaign “dossier” was explicitly viewed by the FBI as a “pretext to go interview some people.” Including General Flynn, apparently. The rot at Obama’s FBI went very deep.More:In the next two weeks, there were “many meetings” between Strzok and McCabe to discuss “whether to interview [] National Security Advisor Michael Flynn and if so, what interview strategies to use.” Ex. 5.January 23, the day before the interview, the upper echelon of the FBI met to orchestrate it all. Deputy Director McCabe, General Counsel James Baker, [redacted], Lisa Page, Strzok, David Bowdich, Trish Anderson, and Jen Boone strategized to talk with Mr. Flynn in such a way as to keep from alerting him from understanding that he was being interviewed in a criminal investigation of which he was the target. Ex.12. Knowing they had no basis for an investigation,6 they deliberately decided not to notify DOJ for fear DOJ officials would follow protocol and notify White House Counsel. They decided not to tell Flynn their true purpose nor give him 1001 warnings, so as to keep him “relaxed.” They planned not to show him the transcript of his calls to refresh his recollection, nor confront him directly if he did not remember. In short, they planned to deceive him about the entire scenario, and keep him “unguarded.”One must ask, what was the point? The FBI had recordings of Flynn’s conversations with the Russian ambassador, and there was nothing wrong with them. So what, exactly, were they strategizing? How to ensnare Flynn in a process crime by inducing to say something that was false, evidently. Then, to their surprise, Flynn didn’t lie, as the agents recorded at the time. So, Flynn’s lawyer now says, they altered the Form 302 to make it appear that he did. If correct, this is just about the worst law enforcement scandal imaginable....
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