Flynn lawyer accuses prosecutors of ‘egregious conduct,’ hiding exculpatory evidence

closeCourt documents reveal extent of Mike Flynn's cooperation with Robert MuellerVideo

Court documents reveal extent of Mike Flynn's cooperation with Robert Mueller

Former White House national security adviser Mike Flynn told special counsel Robert Mueller of multiple instances, before and after his guilty plea, where he or his lawyers got calls from individuals connected to the Trump administration or Congress; chief intelligence correspondent Catherine Herridge reports.

Former national security adviser Michael Flynn’s legal team indicated in federal court Tuesday they are seeking to have the case against him dismissed, accusing the prosecution of "egregious conduct and suppression” of possibly exculpatory evidence.

In a status conference in federal court in Washington, Flynn's lead defense attorney, Sidney Powell, said: “There is far more at stake here than sentencing. There were stunning failures to produce Brady material, going back to July of 2017."

The "Brady material" complaint is in reference to the Supreme Court case Brady v. Maryland, which established the government's obligation turn over all exculpatory evidence.

Flynn in 2017 pleaded guilty to providing false statements to the FBI during an interview about his contacts with the former Russian Ambassador Sergey Kislyak, as part of former Special Counsel Robert Mueller’s Russia investigation.

Powell, who has accused the Justice Department of withholding documents critical to Flynn's defense, is demanding access to classified materials the government has blocked them from viewing. Those materials include FBI documents surrounding the actions of Bruce Ohr, a former high-ranking official at the Department of Justice who had multiple contacts with the author of the infamous Trump dossier.

On Tuesday, Powell claimed that there is an internal DOJ memo that "exonerates" Flynn from being a Russian agent which the prosecution had and failed to disclose before Flynn signed his plea deal.

Prosecutor Brandon Van Grack countered that the charge Flynn pleaded guilty to was lying about his contacts with the Russian government, not of being a Russian agent.

Powell in court papers has also compared the government's conduct toward Flynn to the case of former Alaska Sen. Ted Stevens — which ended with U.S. District Judge Emmet Sullivan, the same judge in the Flynn case, finding prosecutorial misconduct.

After months of delays, prosecutors have said they are ready to proceed to sentencing. On Tuesday, Sullivan indicated he would like to set a tentative sentencing date of Dec. 18.

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