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Flynn Memo - Sept 24 2020
Flynn Memo - Sept 24 2020
v.
Defendant.
prosecution of General Flynn. ECF No. 198. Until this case is dismissed with
prejudice, the Government has a continuing obligation to provide to the defense all
otherwise is favorable to the defense. Brady v. Maryland, 373 U.S. 83 (1963). The
defense has a continuing obligation to make a record that mandates this dismissal—
documents—its fifth production of exculpatory evidence since April of 2020, and its
third since filing its massive Motion to Dismiss. ECF Nos. 198, 231, 237. According
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handwritten notes of former Deputy Assistant Director Peter Strzok (23501 & 23503)
and former Deputy Director Andrew McCabe (23502); and internal text messages
between FBI analysts who worked on the Flynn matter (23504- 23516); . . . additional
text messages between former DAD Strzok and Lisa Page (23516-23540).” The 41
pages of additional evidence demonstrate (i) his innocence; (ii) the absence of any
crime; (iii) government misconduct in the investigation of General Flynn; and (iv)
defense in violation of Brady v. Maryland and this Court’s Brady order. ECF No. 20.
These documents provide information long known to the agents and others at
the highest levels of the Department of Justice and the FBI; information long
concealed by the Special Counsel and FBI. This evidence shows outrageous,
deliberate misconduct by FBI and DOJ—playing games with the life of a national
hero. It negates multiple essential elements required for the prosecution of a false
statement offense and any “offense” even considered in relationship to Flynn Intel
Group’s review of open source information regarding Fethullah Gulen and the
Muslim Brotherhood.
This remarkable new production shows that in August of 2016, the FBI
analysts discussed the preference of some agents for a Clinton Presidency—a known
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2016, FBI employees exchanged messages about the “Crossfire Road Show,” stating
that they were “interested to see how this all plays out.” They knew exactly how bad
it was: “I’m tellying man, if this thing ever gets FOIA’d, there are going to be some
2016. The FBI agents write: “he said shut down Razor” and “so glad they’re closing
Razor.” However [redacted] “was silent though, so who knows what he will want.”
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FBI employees noted “that the decision to nsl [national security letter] finances
for razor bought him time.” This shows their recognition that the issuance or request
for national security letters for General Flynn’s financial information was a ruse to
get more time to keep the “investigation” against him open. These Stalinist tactics
investigative step” to seek General Flynn’s financial records at that time and that
“this is a nightmare.”
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On that same day, analysts discussed NSLs as a pretext to buy time that also
increased the risk of leaks. They also noted it was a topic that “makes no sense” since
the argument was made back in August. “If we’re concerned about
sensitivity/leaks, might not want to send NSLs that we don’t really intend
on using.” “Exactly that makes no sense. We’d have to read in more people/field
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FBI employees discussed the January 5, 2017, briefing of Obama: “What’s the
word on how O’s briefing went”? asked one employee, to which the other replied,
“Don’t know but people here are scrambling for info to support certain things and it’s
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a mad house.” “Trump was right. Still not put together…why do we do this to
Five days later, on January 10, 2017, FBI analysts knew it was so bad that
they “all went and purchased professional liability insurance.” The same
employees worried that “the whole thing is pretty ugly…we shall see how things
pan out” and “[t]he concern when we got it was that there was a big leak at DOJ and
the NYT among others was going to do a piece.” Further, “the new AG might have
some questions…then yada yada yada…we all get screwed.” Exhibit A (emphasis
added).
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On January 13, 2017, FBI employees messaged that “someone leaked the
Flynn calls with Kislyak to the WSJ.” In a response reeking with sarcasm, an FBI
employee messaged “I’m so sorry to hear that. I’ll resume my duties as Chief Morale
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Newly produced notes of Andrew McCabe show that at 5:15 p.m. on May 10,
2017, McCabe briefed the Senate Select Committee on Intelligence. They were trying
“Flynn –
• Open: nothing
• Closed: everything
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Newly produced notes of Peter Strzok show: Strzok met with Bruce Schwartz,
Lisa, and George at DOJ on March 28, 2017, where he noted Flynn Intel Group
The new Strzok-Page text messages show that Strzok played games with the
FBI Sentinel serialization system and entry of 302s, Strzok and Page were pulling
talking points from a Lawfare article, and “F’in Pamela Brown knows there were two
phone call memos.” Further, these text message reinforce how zealously Strzok and
Page were working to oppose Trump’s election and subvert the peaceful transfer of
power. Exhibit E. The following are a sample of some of the conversations reflected
in Exhibit E.
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misconduct that mandates the immediate dismissal of this wrongful prosecution. The
CONCLUSION
There was no case against General Flynn. There was no crime. The FBI and
the prosecutors knew that. This American hero and his entire family have suffered
for four years from public abuse, slander, libel, and all means of defamation at the
For these reasons and all those previously briefed, the Government’s Motion
to Dismiss should now be granted with prejudice instanter for multiple violations of
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Brady and the wrongful prosecution of General Flynn when the agents and
prosecutors knew there was no crime. This hideous abuse of power and travesty of
justice has only been exacerbated by the unprecedented and baseless rulings of this
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CERTIFICATE OF SERVICE
I hereby certify that on September 24, 2020, I electronically filed the foregoing
Supplement with the Clerk of Court using the CM/ECF system. I further certify that
the participants in the case are registered CM/ECF users and that service will be
Respectfully submitted,
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DOJSCO - 700023504
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DOJSCO - 700023516
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