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Michael Flynn’s attorney asks court to find fed prosecutors in contempt for withholding exculpatory evidence

By Jon Dougherty

(NationalSentinel) The legal team for former National Security Adviser Michael Flynn has filed a motion in federal court asking the judge to hold prosecutors in contempt and dismiss them from the case because they are allegedly withholding exculpatory evidence that would clear him.

The team, lead by former federal prosecutor and noted Justice Department critic Sidney Powell, said in its new motion that if different prosecutors were assigned to the case, they would quickly discover the exculpatory (Brady) evidence and move to have Flynn’s guilty plea of lying to federal agents vacated.

The Epoch Times notes:

Powell points out that the prosecutors have recently produced exculpatory evidence to the defense team but declined to call it “exculpatory.” She makes an argument for why the evidence should be considered Brady (exculpatory) material in a sealed filing. As a result, Powell demands in the filing that the defense team examine information even if the prosecutors deem it inculpatory.

According to Powell, the kind of conduct she is accusing the prosecutors of is pervasive in the DOJ. By referencing a ruling in a separate case, she suggests that the remedy for such misconduct should be for the court to find the prosecutors in contempt and for the indictment to be dismissed.

The motion, as part of two filings, represents the first legal shots fired by Flynn’s new team in an effort to get his case thrown out.

In particular, Powell believes the exculpatory evidence the prosecution is hiding are FBI notes recounting interviews between agent Joe Pientka and senior Justice Department official Bruce Ohr. Powell says that prosecutors in Flynn’s case worked with Ohr in 2016 and 2017.


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