From Sara Carter:
FBI Violated Policy in Flynn’s Case, Judge Demands All Exculpatory Evidence
A federal judge overseeing the case of Former National Security Advisor Lt. Gen. Michael Flynn is demanding to see the FBI’s first interviews with the retired three-star general after explosive information contained in a sentencing memo released Tuesday night revealed that senior FBI leadership suggested he not have a lawyer present, nor warn him that his interview was subject to penalties if he failed to provide all the answers, according to the 178 page Defendants memorandum submitted to the court.
U.S. District Judge Emmet G. Sullivan ordered Special Counsel Robert Mueller’s office Wednesday night to turn over all the government’s documents by mid-day Friday. The exculpatory documents requested by Sullivan include any memorandums regarding Flynn’s case because of the extraordinary circumstances of the information, according to Sullivan’s request. Further, Sullivan is also requesting any documentation regarding the first interviews conducted by former anti-Trump agent Peter Strzok and FBI Agent Joe Pientka -known by the FBI as 302s- which were found to be dated more than seven months after the interviews were conducted on Jan. 24, 2017, a violation of FBI policy, say current and former FBI officials familiar with the process. According to information contained in Flynn’s memorandum, the interviews were dated Aug. 22, 2017.
A bit more about the time of filing:
“The bureau policy – the absolute FBI policy – is that the notes must be placed in the system in a 1-A file within five days of the interview,” said Danik, who added that handwritten notes get placed into the FBI Sentinel System, which is the FBI’s main record keeping system. “Anything beyond five business days is a problem, eight months is a disaster.”
And Judge Sullivan - from The Guardian of April 7th, 2009
US judge dismisses former Alaska senator's corruption conviction
A federal judge today exonerated former Alaska senator Ted Stevens, dismissing the corruption conviction that cost the veteran senator his seat and launching an investigation into prosecutorial missteps that plagued one of the most high-profile public corruption trial in recent history.
The ruling comes six days after the US justice department admitted its attorneys had withheld potentially exculpatory evidence from Stevens' attorneys and asked Judge Emmet Sullivan to throw out the conviction.
"In nearly 25 years on the bench, I've never seen anything approaching the mishandling and misconduct that I've seen in this case," Sullivan said.
A very similar case where the evidence was withheld. It will be interesting to see the outcome.
Leave a comment