The attorney representing General Michael Flynn filed a motion Tuesday demanding that the Justice Department produce the “Brady Material” that has recently come into the government’s possession. “Brady Material” is favorable or exculpatory evidence that has been withheld from the defense.
Specifically, Sidney Powell, a well-known defense attorney and legal pundit, is asking for two BlackBerry phones that were used by Western intelligence asset Joseph Mifsud, aka “the mysterious Maltese Professor” who allegedly told Trump campaign adviser George Papadopoulos that the Russians had thousands of Hillary Clinton’s emails.
“Michael T. Flynn (‘Mr. Flynn’) requests the government be ordered to produce evidence that has only recently come into its possession,” the filing states. The evidence requested includes the data and metadata of the two devices.
“Certain persons in the government only recently came into possession of these phones that had been given to Mifsud to use,” Powell wrote on Twitter. “Of course, pretty sure bad actors knew of them previously—certainly the operation that gave them to him!” she added.
Recall, three weeks ago, Attorney General William Barr and U.S. Attorney John Durham traveled to Italy to meet with senior government officials and request their assistance in Durham’s probe of U.S. intelligence activities during the 2016 election and its aftermath.
Powell is hoping to prove that her client was maliciously framed by deep state actors.
Flynn, President Trump’s short-lived national security adviser, pleaded guilty in December 2017 to making false statements to the FBI when he was interviewed at the White House in January 2017 about his contacts with the former Russian Ambassador Sergey Kislyak.
Powell argued in court last month that the entire prosecution against Flynn should be “dismissed for egregious government misconduct and long-time suppression” of exculpatory evidence. Powell told Judge Emmett Sullivan that the prosecution had failed to disclose documents that exonerated Flynn from being a Russian agent before he signed his plea deal.
“There never would have been a plea to begin with if the government had met its Brady obligation disclosing what it knew before Mr. Flynn entered a plea and, frankly, before he even made a proffer,” Powell told Judge Sullivan on September 10.
In Tuesday’s court filing, Powell alleged that the two phones were used by Mifsud to set Flynn up “with certain Russians” as early as 2014.
The defense requested this information initially by email to Mr. Van Grack and Ms. Ballantine on Friday, October 11, 2019. The government did not reply to the email of October 11, but it did reply in response to the notice of our Motion on October 15, 2019.
This information is material, exculpatory, and relevant to the defense of Mr. Flynn, and specifically to the “OCONUS LURES” and agents that western intelligence tasked against him likely as early as 2014 to arrange—unbeknownst to him—“connections” with certain Russians that they would then use against him in their false claims. The phones were used by Mr. Joseph Mifsud.
The Mueller Report briefly mentions a previous FBI investigation of Flynn that was allegedly “based on his relationship with the Russian government.” The Flynn filing suggests that Mifsud may have been involved in that investigation, as well.
Relevance to calls with the Russian Ambassador (from Mueller Report):
The FBI had previously opened an investigation of Flynn/Russia. The calls w/ Kislyak "became a key component of that investigation." pic.twitter.com/3MQZZH8RWF
— Techno Fog (@Techno_Fog) October 15, 2019
The DOJ responded Tuesday: “If we determine that they contain information that is discoverable or that is relevant to sentencing, we will produce them to you.”
The Mueller Report described Mifsud as a Maltese professor with ties to Russia.
In a Washington Post op-ed last May, fired FBI director James Comey referred to Mifsud as an “agent” of Russia.
“In April 2016, that adviser talked to a Russian agent in London, learned that the Russians had obtained ‘dirt’ on Hillary Clinton in the form of thousands of emails and that the Russians could assist the Trump campaign through the anonymous release of information damaging to Clinton,” Comey wrote.
In reality, Mifsud has ties to U.S., British, and Italian intelligence services, as well as the U.S. State Department, as Rep. Devin Nunes pointed out on Fox News in May.
“I never knew that you could use counter-intelligence capabilities –these are the capabilities that we have in our government to go after and target terrorists — I never knew that you could actually go out and use those capabilities to spy on Americans,” Nunes noted sadly. “Look, we don’t know all this for sure, but we have strong suspicions that that is exactly what was happening.”
Suspiciously, Mifsud and Comey were both reportedly in Australia at the same time right before Mifsud’s meeting with George Papadopoulos.
James Comey and Mifsud were in Australia the second week in March 2016 only a few days before your arranged meeting with Misfud in Rome! Clapper was in Australia 2 weeks later. pic.twitter.com/1hxkz9AOf9
— pro dreamer (@prodreamer1) October 12, 2019
“BOTH Mifsud and Halper were tasked with spying on Flynn and myself. This is a major breakthrough!” Papadopoulos tweeted in response to Flynn’s court filing on Tuesday.
He went on to call Western assets Australian diplomat Alexander Downer, Cambridge professor Stephan Halper and Mifsud “the three stooges.”
Downer was in on it with Mifsud. Halper was there to cover for Downer. The three stooges who are all being exposed for the world to see, and the governments behind them!
— George Papadopoulos (@GeorgePapa19) October 15, 2019
I understand why Mifsud went into hiding fearing for his life. The FBI was using him and providing him with phones to spy on me and Flynn with and they later go on and burn him as a “Russian agent” in an attempt to overthrow the President. This is the biggest news of the year! https://t.co/vJvGZsae8Q
— George Papadopoulos (@GeorgePapa19) October 15, 2019