Nostra
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- Oct 7, 2019
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Comey, Clapper, Strzok................their manipulation and tampering with evidence and testimony is about to get exposed.
An explosive new court filing from Michael Flynnâs legal team alleges that FBI agents manipulated official records of the former national security adviserâs 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.
Sidney Powell, Flynnâs 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 â urging the court to âdismiss the entire prosecution for outrageous government misconductâ and hold the prosecutors in contempt.
FLYNN LAWYER WANTS PROSECUTORS TO TURN OVER CELLPHONES FROM MYSTERIOUS PROFESSOR LINKED TO RUSSIA PROBE
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 Muellerâs investigation.
But as his legal team goes on offense in the long-running and still unresolved court proceedings, Powell alleged that FBI officials manipulated Flynnâs FBI 302 â 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.
âThose changes added an unequivocal statement that âFlynn stated he did notâ â in response to whether Mr. Flynn had asked Kislyak to vote in a certain manner or slow down the UN vote [on sanctions],â Powell wrote. âThis 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.â
Powell also alleged that agents added: âor if Kislyak described any Russian response to a request by Flynn.â
âThat question and answer does not appear in the notes, yet it was made into a criminal offense,â Powell wrote. âThe draft also shows that the agents moved a sentence to make it seem to be an answer to a question it was not.â
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: âSitting with Bill watching CNN. A TON more outâŚWeâre discussing whether, now that this is out, we can use it as a pretext to go interview some people.ââ
âIn the next two weeks, there were âmany meetingsâ between Strzok and [former Deputy FBI Director Andrew] McCabe to discuss âwhether to interview National Security Adviser Michael Flynn and if so, what interview strategies to use,ââ the document continued.
Powell alleged that on Jan. 23, 2017 â the day before the FBI interviewed Flynn at the White House â âthe upper echelon of the FBI met to orchestrateâ strategies that would have Flynn talk âin 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.â
âIn short, they planned to deceive him about the entire scenario, and keep him âunguarded,ââ Powell claimed.
Powell went on to allege that, at former FBI Director James Comeyâs direction, McCabe âpersonally called Flynn to pave the way for the uncounseled conversation.â
While saying "Comey and McCabe were executing their own agendaânot 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.â
Whether the combative filings will persuade the court in a case where Flynn has already pleaded guilty remains to be seen.
Prosecutors have strongly rejected claims they're hiding evidence, saying "the government has exceeded its discovery and disclosure obligations in this matter," including by providing Flynn with thousands of pages of documents.
Federal prosecutors earlier this month called the defense's filings a âfishing expedition.â
âSince the beginning of their involvement, the defendantâs new counsel, have sought to get the charges dropped, professed their clientâs actual innocence, and perpetuated conspiracy theories, all while stating that the defendant does not intend to withdraw his guilty plea,â they wrote.
But Powell is also hammering the FBI and DOJ over media leaks, citing a text message from Strzok to Page in April 2017: âI had literally just gone to find this phone to tell you I want to talk to you about media leak strategy with DOJ before you go.â
Powell also referenced a purported conversation between former Director of National Intelligence James Clapper and Washington Post reporter David Ignatius, claiming Clapper told the reporter âwords to the effect of 'take the kill shot on Flynn,'â after he reportedly obtained the transcript of Flynnâs phone calls.
A spokesman for Clapper, though, told Fox News that he "absolutely did not say those words to David Ignatius."
"It's absolutely false," the spokesman said. "It's absurd."
Ignatius did not immediately respond to Fox Newsâ request for comment.
Powell also claims that the official who leaked the transcripts of the calls to Ignatius was a Pentagon official who was Stefan Halperâs âhandler.â
Halper, an American professor, has been widely reported as a confidential source for the FBI during the bureauâs original investigation into Russian meddling in the 2016 election. Halper, in 2016, contacted several members of the Trump campaign including former foreign policy adviser George Papadopoulos and former aides Carter Page and Sam Clovis.
âThe evidence the defense requests will eviscerate any factual basis for the plea and reveal the conduct so outrageousâif there is not enough alreadyâto mandate dismissal of this prosecution for egregious government misconduct,â Powell wrote.
Also in the filing, Powell referenced U.S. District Judge Rudolph Contreras, who accepted Flynnâs guilty plea just days before he was âsuddenly and inexplicably recused.â
Fox News reported last year that Contreras and Strzok had a personal relationship, according to text messages obtained.
âThe government knew that well in advance of Mr. Flynnâs plea that Judge Contreras was a friend of Peter Strzok and his recusal was even discussed in an exchange of multiple texts,â Powell wrote, referencing text messages between Strzok and Page where they discussed Strzok and Contreras speaking âin detailâ on anything âmeaningful enough to warrant recusal.â
Representatives for Strzok and Page did not immediately respond to Fox Newsâ request for comment.
Powellâs filing is just the latest in a series of motions brought to the court on behalf of Flynn. Last week, Powell demanded federal prosecutors turn over two cellphones used by Maltese professor Joseph Mifsud, whose role in the Trump-Russia investigation has long been shrouded in mystery.
Powellâs defense of Flynn has caused an escalating battle with the government, with Flynnâs sentencing still up in the air for his guilty plea. The government said in late August that the case was ready for sentencing, after months of delay. U.S. District Judge Emmet Sullivan has set a Dec. 18 sentencing date, though itâs unclear whether it could be pushed off again.
FBI agents manipulated Flynn file, as Clapper allegedly urged âkill shotâ: court filing
An explosive new court filing from Michael Flynnâs legal team alleges that FBI agents manipulated official records of the former national security adviserâs 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.
Sidney Powell, Flynnâs 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 â urging the court to âdismiss the entire prosecution for outrageous government misconductâ and hold the prosecutors in contempt.
FLYNN LAWYER WANTS PROSECUTORS TO TURN OVER CELLPHONES FROM MYSTERIOUS PROFESSOR LINKED TO RUSSIA PROBE
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 Muellerâs investigation.
But as his legal team goes on offense in the long-running and still unresolved court proceedings, Powell alleged that FBI officials manipulated Flynnâs FBI 302 â 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.
âThose changes added an unequivocal statement that âFlynn stated he did notâ â in response to whether Mr. Flynn had asked Kislyak to vote in a certain manner or slow down the UN vote [on sanctions],â Powell wrote. âThis 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.â
Powell also alleged that agents added: âor if Kislyak described any Russian response to a request by Flynn.â
âThat question and answer does not appear in the notes, yet it was made into a criminal offense,â Powell wrote. âThe draft also shows that the agents moved a sentence to make it seem to be an answer to a question it was not.â
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: âSitting with Bill watching CNN. A TON more outâŚWeâre discussing whether, now that this is out, we can use it as a pretext to go interview some people.ââ
âIn the next two weeks, there were âmany meetingsâ between Strzok and [former Deputy FBI Director Andrew] McCabe to discuss âwhether to interview National Security Adviser Michael Flynn and if so, what interview strategies to use,ââ the document continued.
Powell alleged that on Jan. 23, 2017 â the day before the FBI interviewed Flynn at the White House â âthe upper echelon of the FBI met to orchestrateâ strategies that would have Flynn talk âin 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.â
âIn short, they planned to deceive him about the entire scenario, and keep him âunguarded,ââ Powell claimed.
Powell went on to allege that, at former FBI Director James Comeyâs direction, McCabe âpersonally called Flynn to pave the way for the uncounseled conversation.â
While saying "Comey and McCabe were executing their own agendaânot 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.â
Whether the combative filings will persuade the court in a case where Flynn has already pleaded guilty remains to be seen.
Prosecutors have strongly rejected claims they're hiding evidence, saying "the government has exceeded its discovery and disclosure obligations in this matter," including by providing Flynn with thousands of pages of documents.
Federal prosecutors earlier this month called the defense's filings a âfishing expedition.â
âSince the beginning of their involvement, the defendantâs new counsel, have sought to get the charges dropped, professed their clientâs actual innocence, and perpetuated conspiracy theories, all while stating that the defendant does not intend to withdraw his guilty plea,â they wrote.
But Powell is also hammering the FBI and DOJ over media leaks, citing a text message from Strzok to Page in April 2017: âI had literally just gone to find this phone to tell you I want to talk to you about media leak strategy with DOJ before you go.â
Powell also referenced a purported conversation between former Director of National Intelligence James Clapper and Washington Post reporter David Ignatius, claiming Clapper told the reporter âwords to the effect of 'take the kill shot on Flynn,'â after he reportedly obtained the transcript of Flynnâs phone calls.
A spokesman for Clapper, though, told Fox News that he "absolutely did not say those words to David Ignatius."
"It's absolutely false," the spokesman said. "It's absurd."
Ignatius did not immediately respond to Fox Newsâ request for comment.
Powell also claims that the official who leaked the transcripts of the calls to Ignatius was a Pentagon official who was Stefan Halperâs âhandler.â
Halper, an American professor, has been widely reported as a confidential source for the FBI during the bureauâs original investigation into Russian meddling in the 2016 election. Halper, in 2016, contacted several members of the Trump campaign including former foreign policy adviser George Papadopoulos and former aides Carter Page and Sam Clovis.
âThe evidence the defense requests will eviscerate any factual basis for the plea and reveal the conduct so outrageousâif there is not enough alreadyâto mandate dismissal of this prosecution for egregious government misconduct,â Powell wrote.
Also in the filing, Powell referenced U.S. District Judge Rudolph Contreras, who accepted Flynnâs guilty plea just days before he was âsuddenly and inexplicably recused.â
Fox News reported last year that Contreras and Strzok had a personal relationship, according to text messages obtained.
âThe government knew that well in advance of Mr. Flynnâs plea that Judge Contreras was a friend of Peter Strzok and his recusal was even discussed in an exchange of multiple texts,â Powell wrote, referencing text messages between Strzok and Page where they discussed Strzok and Contreras speaking âin detailâ on anything âmeaningful enough to warrant recusal.â
Representatives for Strzok and Page did not immediately respond to Fox Newsâ request for comment.
Powellâs filing is just the latest in a series of motions brought to the court on behalf of Flynn. Last week, Powell demanded federal prosecutors turn over two cellphones used by Maltese professor Joseph Mifsud, whose role in the Trump-Russia investigation has long been shrouded in mystery.
Powellâs defense of Flynn has caused an escalating battle with the government, with Flynnâs sentencing still up in the air for his guilty plea. The government said in late August that the case was ready for sentencing, after months of delay. U.S. District Judge Emmet Sullivan has set a Dec. 18 sentencing date, though itâs unclear whether it could be pushed off again.
FBI agents manipulated Flynn file, as Clapper allegedly urged âkill shotâ: court filing