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May 07, 2020

Government Not Persuaded That Flynn Interview Was "Conducted With a Legitimate Investigative Basis"

Well, I already had a post ready to go (see below), but now that's been superseded.

(Curve flattened)


#FLYNN Court Docs "The United States of America hereby moves to dismiss with prejudice the criminal information filed against Michael T Flynn pursuant to federal rule of criminal procedure 48(a)..."

@CBS_Herridge minutes ago

#FLYNN "the government has concluded that the interview of Mr Flynn was untethered to, and unjustified by, the FBI counterintelligence investigation...government is not persuaded that the January 24 2017 interview was conducted with a legitimate investigative basis..."

Flynn will be a free man.

he Justice Department on Thursday said it is dropping the criminal case against President Donald Trumpís first national security adviser, Michael Flynn, abandoning a prosecution that became a rallying cry for Trump and his supporters in attacking the FBIís Russia investigation.

The move is a stunning reversal for one of the signature cases brought by special counsel Robert Mueller...

In court documents being filed Thursday, the Justice Department said it is dropping the case "after a considered review of all the facts and circumstances of this case, including newly discovered and disclosed information." The documents were obtained by The Associated Press.

Elizabeth Vaughn of RedState wrote a couple of days ago that things were looking bad for Brandon Van Grack.

He was required to release all so-called Brady material, whether exculpatory or inculpatory, to Flynn, and yet did not release key documents.

In repeated filings, Van Grack has maintained that he's fulfilled his obligations. In an October 2019 filing, in response to Flynn attorney Sidney Powell's request for Brady materials, he stated that the government "has complied, and will continue to comply, with its discovery and disclosure obligations, including those imposed pursuant to Brady and the Court's Standing Order." He denied that they had "affirmatively suppressed evidence."

The government had not concealed Brady material, he wrote, nor was the government "aware of any information that would be favorable and material to [Flynn] at sentencing."

Except that they had and they were.


How would Van Grack characterize the FBI's January 4, 2017 Closing Communication which recommended the FBI close its investigation of Flynn, as its exhaustive search through government databases "did not yield any information on which to predicate further investigative efforts?"

How about FBI agent Peter Strzok's instructions not to close the case yet because Flynn might have violated the 1799 Logan Act? Flynn was the incoming National Security Advisor for goodness sake. He had every right to speak to then-Russian ambassador Sergey Kislyak.

So, does Brandon Van Grack think that he can argue to a judge that he obeyed the judge's orders and was not in criminal contempt?

Not sure. But he's withdrawing from the Flynn case and all other cases he's been assigned.

Almost as if he knows the thunder's coming.

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