Flynn’s prosecution: The more we learn, the worse it seems, by James M. Casey

Nobody’s paying attention, but people all the way up to Barack Obama are criminally implicated in the prosecution of Michael Flynn. From James M. Casey at thehill.com:

Two recent events, tangentially related, likely were lost in the news cycle of the spike in COVID-19 cases and continued civil unrest in American cities. The first development was the U.S. Court of Appeals for the D.C. Circuit ordering Judge Emmet Sullivan to dispose of former national security adviser Michael Flynn’s case, followed by the disclosure of additional FBI notes related to the matter.

Flynn’s attorney, Sidney Powell, petitioned the court to order Sullivan to dismiss the appeals court case. Since both the prosecution and defense agree that the case should be dismissed, it had been in judicial limbo while the judge was deciding if he wanted to dismiss it or move forward with sentencing. This is the second federal court in less than a year to rebuke the FBI, with Judge Neomi Rao’s opinion noting the agency’s handling of cases related to the failed Russia collusion narrative. The Foreign Intelligence Surveillance Act (FISA) court also did so in December.

The second, and perhaps more significant, news was the revelation that additional evidence in the FBI’s possession was not previously turned over to Flynn or his attorneys. In a landmark case that is rapidly becoming known to many Americans, the Supreme Court held in Brady v. Maryland in 1963 that prosecutors must disclose the existence of exculpatory evidence to a defendant, regardless of how they obtained it or if it relates to their theory of prosecution. And therein lies a two-part problem with the recent disclosure of a handwritten note by fired deputy assistant FBI director Peter Strzok.

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