DOJ Refuses to Produce Brady Material Requested by Flynn Attorney Sidney Powell – Seeks to go Immediately to Sentencing
by Cristina Laila
The Gateway Pundit
October 1, 2019
Deep State DOJ lawyers stepped up their prosecutorial misconduct on Tuesday in a court filing in response to a motion filed by Flynn’s lawyer Sidney Powell.
General Mike Flynn’s attorney Sidney Powell on Monday filed a supplement status report in response to the conclusion of the case against Flynn’s former business associate Bijan Rafiekian.
Last week, in a major blow to the DOJ National Security Division, a federal judge tossed out a conviction against General Flynn’s former lobbying partner, Bijan Rafiekian.
A federal jury in July found General Flynn’s associate Bijan Rafiekian guilty of illegally lobbying for Turkey after just 4 hours of deliberation — but Federal Judge Anthony Trenga, a George W. Bush appointee, dismissed the indictment because of ‘insufficient evidence to sustain the conviction.’
“The evidence was insufficient as a matter of law for the jury to convict Rafiekian on either count,” Judge Trenga wrote in a 39-page memorandum last Tuesday.
“There is no substantial evidence” that he agreed to cooperate subject to the direction/control of Turkey; no evidence of any implied agreement with Turkey.
“There is no evidence of discussions or suggestions, let alone an agreement, express or implied, to either avoid filing under FARA or to cause the filing of a false FARA registration statement,” Judge Trenga wrote.
Evidence is mounting that Mueller’s thugs pressured General Flynn to lie, then withheld Brady Material in order to build a case against him and used prosecutorial blackmail by threatening Michael Flynn Jr.
More on Sidney Powell’s motion via Margot Cleveland from The Federalist:
“On September 24, 2019, Judge Anthony Trenga of the Eastern District of Virginia granted Mr. Rafiekian’s motion for acquittal in its entirety,” Powell wrote. Then, while attaching Judge Trenga’s detailed opinion to her filing, Powell highlighted the key take-aways: “The Government [had not] presented sufficient evidence for a rational jury to conclude beyond a reasonable doubt that Rafiekian conspired with [co-defendant] Alptekin or anyone else” to act as an unregistered agent of Turkey. Additionally, “[t]here [wa]s no evidence of discussion or suggestions, let alone an agreement, express or implied, to either avoid filing under FARA or to cause the filing of a false FARA registration statement,” Judge Trenga explained in dismissing the charges.
Then things got really good. Powell posited that prosecutor Brandon “Van Grack was determined that Mr. Flynn would testify in the Rafiekian case that he had knowingly signed a false FARA registration, even though Mr. Van Grack knew that was not true and Mr. Flynn had not agreed to that in the course of his plea agreement.” Yet, in a heated exchange, Powell wrote, Van Grack “claimed Mr. Flynn had agreed to plead to a knowing and intentional false FARA filing.”
Then came the boom: “In our endless document review, we now have a draft of the statement of offense that proves the contrary, showing similar language deleted,” Powell told the court. This proves extremely significant.
To explain: The Statement of Offense is the document a defendant—Flynn here—signs in pleading guilty to an offense and then later swears to the veracity of in court. The Statement of Offense summarizes the facts for the court to show they are sufficient to establish that the defendant has committed the charged offense.
Mueller’s lawyer Brandon Van Grack claimed Flynn had a agreed to plead to a knowing and intentional false FARA filing however, a draft of the Statement of Offense proves to the contrary.
The US government on Tuesday filed its response to Sidney Powell’s motion to compel production of Brady Material.
The DOJ is refusing to produce any other evidence and requested to go right to sentencing.
