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    Flynn - Fifth Supplement in Support of Agreed Dismissal

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    Techno Fog
    US v Flynn - October 7, 2020 supplement with FBI OGC Lawyer notes

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    Flynn - Fifth Supplement in Support of Agreed Dismissal

    Uploaded by

    Techno Fog
    23K views4 pages
    US v Flynn - October 7, 2020 supplement with FBI OGC Lawyer notes

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    © © All Rights Reserved

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    PDF, TXT or read online from Scribd

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    US v Flynn - October 7, 2020 supplement with FBI OGC Lawyer notes

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    23K views4 pages

    Flynn - Fifth Supplement in Support of Agreed Dismissal

    Uploaded by

    Techno Fog
    US v Flynn - October 7, 2020 supplement with FBI OGC Lawyer notes

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 4

    Case 1:17-cr-00232-EGS Document 264 Filed 10/07/20 Page 1 of 3

    UNITED STATES DISTRICT COURT


    DISTRICT OF COLUMBIA

    UNITED STATES OF AMERICA

    v.

    MICHAEL T. FLYNN, Criminal Action No. 17-232-EGS

    Defendant.

    FIFTH SUPPLEMENT IN SUPPORT OF AGREED DISMISSAL

    On May 7, 2020, the Government moved to dismiss the 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 evidence that is exculpatory

    of General Flynn, establishes misconduct by the Government in its many capacities

    that contributed to this wrongful prosecution, or 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. Today the Government

    produced a single page of FBI notes from January 25, 2020 taken by a lawyer in the

    FBI’s Office of General Counsel. In that meeting it was clear, the day after the FBI’s

    interview of General Flynn, that “no reasonable prosecutor” would bring a Logan Act

    charge regarding the December 29, 2016 phone call with Ambassador Kislyak, which

    was similar to communications by “other transition teams.”

    1
    Case 1:17-cr-00232-EGS Document 264 Filed 10/07/20 Page 2 of 3

    Moreover, the FBI knew on January 25, 2017, that none of the statements

    made by General Flynn to the FBI the day before could be material to any legitimate

    FBI investigation or action. These notes are further exculpatory evidence—standing

    in direct violation of this court’s Brady order—showing that General Flynn has been

    innocent all along, which the FBI knew from the beginning. ECF Nos. 10, 20.

    The notes are attached as Exhibit A. The Government consents to the filing of

    the exhibit, as redacted.

    Dated: October 7, 2020 Respectfully submitted,

    /s/ Jesse R. Binnall /s/ Sidney Powell


    Jesse R. Binnall Sidney Powell
    Abigail C. Frye Molly McCann
    Harvey & Binnall, PLLC Sidney Powell, P.C.
    717 King Street, Suite 300 2911 Turtle Creek Blvd.,
    Alexandria, VA 22314 Suite 300
    Tel: (703) 888-1943 Dallas, Texas 75219
    Fax: (703) 888-1930 Tel: 214-707-1775
    jbinnall@harveybinnall.com sidney@federalappeals.com
    afrye@harveybinnall.com Admitted Pro Hac Vice
    Admitted Pro Hac Vice molly@federalappeals.com
    Admitted Pro Hac Vice

    2
    Case 1:17-cr-00232-EGS Document 264 Filed 10/07/20 Page 3 of 3

    CERTIFICATE OF SERVICE

    I hereby certify that on October 7, 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

    accomplished by the court’s CM/ECF system.

    Respectfully submitted,

    /s/ Jesse R. Binnall


    Jesse R. Binnall, VSB# 79272
    Harvey & Binnall, PLLC
    717 King Street, Suite 300
    Alexandria, VA 22314
    Tel: (703) 888-1943
    Fax: (703) 888-1930
    jbinnall@harveybinnall.com

    3
    Case 1:17-cr-00232-EGS Document 264-1 Filed 10/07/20 Page 1 of 1

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