In Unexpected Twist, Judge In Flynn Case Asks Mueller For "Exculpatory Evidence"

The federal judge assigned to the criminal case against Trump's former National Security Adviser Michael Flynn has ordered Special Counsel Robert Mueller to turn over any "exculpatory evidence" to Flynn's defense team. 

Oddly, however, Flynn's legal team did not make this request. Instead, Judge Emmet G. Sullivan issued the order "sua sponte," or at his discretion, invoking the "Brady Rule" - which requires prosecutors to turn over previously unfiled evidence that might have a material impact on a defendant's case. Interestingly, two days before the order Mueller filed a motion for an agreed-upon protective order regarding the use of evidence in the case, including "sensitive materials," provided to Flynn's lawyers by the office of the Special Counsel.

Judge Emmet G. Sullivan

As The Hill notes, Sullivan dinged federal prosecutors in the trial of former Sen. Ted Stevens (R-AK) for misconduct in failing to turn over exculpatory evidence. 

The development has generated a significant buzz in conservative circles, with the implication being that perhaps Flynn might not have pleaded guilty in light of certain evidence. 

Judge Andrew Napolitano addressed Sullivan's decision on Tuesday, saying The judge on his own, not in response to any application from General Flynns lawyers says, "By the way, I want all exculpatory evidence, evidence that could help Flynn or hurt the government turned over to Flynns lawyers."

Why would he we want that after General Flynn has already pleaded guilty? That is unheard of. He must suspect a defect in the guilty plea. Meaning, he must have reason to believe that General Flynn pleaded guilty for some reason other than guilt.

Adding to the odd turn of events in the Flynn matter is a February 1 report that Special Counsel Robert Mueller's team has postponed Flynn's sentencing due to the "status" of the investigation. 

Some have speculated that Mueller's request indicates Flynn is cooperating with his investigation. Others, such as former federal prosecutor Joe diGenova, think that "It may very well be that the guilty plea cannot stand" after D.C. Judge Rudolph Contreras - who also sits on the FISA court and may have personally signed off on surveillance warrant(s) which ultimately included Flynn- recused himself days after he was assigned Flynn's case.

Judge Rudolph Contreras, appointed by President Obama in 2012

Others have speculated that the FBI conducted an illegal interview of Flynn by not announcing that he was actually under investigation, and did not have an attorney present. 

And in a leaked account of former FBI Director James Comey's March 2017 closed door briefing to Congressional  investigators, Comey told lawmakers that the FBI agents who interviewed Flynn did not believe he had lied to them, and as a result, "some of those in attendance came away with the impression that Flynn would not be charged with a crime." 

Meanwhile, if we're to entertain rumors and speculation, Judge Sullivan's decision on the exculpatory evidence may have something to do with Andrew McCabe's firing and rumors of changed "302" forms - which is the paperwork an FBI agent fills out discussing the content of an interview. 

Journalist Sara Carter - known of late for her access to leaks by "white hat" actors in the intelligence community, sat down with Sean Hannity in late January where she discussed McCabe's firing and suggested "there's indicators right now that McCabe may have asked FBI agents to actually change their 302's

Carter: What we know tonight is that FBI Director Christopher Wray went Sunday and reviewed the four-page FISA memo. The very next day, Andrew McCabe was asked to resign. Remember Sean, he was planning on resigning in March - that already came out in December. This time they asked him to go right away. You're not coming into the office. I've heard rep[orts he didn't even come in for the morning meeting - that he didn't show up.

Hannity: A source of mine told me tonight that when Wray read this, it shocked him to his core.

Sara Carter: Shocked him to his core, and not only that, the Inspector General's report - I have been told tonight by a number of sources, there's indicators right now that McCabe may have asked FBI agents to actually change their 302's - those are their interviews with witnesses. So basically every time an FBI agent interviews a witness, they have to go back and file a report. 

Hannity: Changes? So that would be obstruction of justice? 

Carter: Exactly. This is something the Inspector General is investigating. If this is true and not alleged, McCabe will be fired. I heard they are considering firing him within the next few days if this turns out to be true. 


Was McCabe fired because the 302's filed in the Flynn interview were altered as some have suggested?

Flynn, who has been cooperating with Mueller's investigation, was forced to resign as Trump's National Security Advisor last February after leaks from U.S. intelligence revealed he lied to Vice President Mike Pence about perfectly legal and to-be-expected conversations he had with Russian ambassador Sergey Kislyak during the transition. 



BritBob Wed, 02/21/2018 - 06:12 Permalink

''Flynn, who has been cooperating with Mueller's investigation, was forced to resign as Trump's National Security Advisor last February after leaks from U.S. intelligence revealed he lied to Vice President Mike Pence about perfectly legal and to-be-expected conversations he had with Russian ambassador Sergey Kislyak during the transition.''

Russia can't be trusted  - 

Both presidents (Macri & Putin) in a joint statement they made to the press in the Kremlin Palace and signed a 30-point collaboration agreement in different areas, including the need to resume the negotiations with the United Kingdom for the Malvinas Islands. (La Voz, 23 Jan 2018).

Falklands - Argentina's Imaginary Territory (1 pg):-

Argentinian - only in the minds of the indoctrinated and their friends.

CuttingEdge Captain Nemo d… Wed, 02/21/2018 - 06:40 Permalink

Bob? You're an embarrassment to Brits everywhere.


Flynn is taking the heat because Mueller and co have his son by the short and curlies over some spurious crime, and are using him as leverage. This is the only reason that makes sense, given Strok's involvement and behaviour, and all the other factors we now know completely blowing any viable prosecution out of the water. Flynn was probably told you go down, or your son does.


Whatever they have Flynn's lad on (and likely completely unrelated to Russia), Trump should pardon, so the general can give a big fuck you to these insidious cunts.

In reply to by Captain Nemo d…

A Sentinel IH8OBAMA Wed, 02/21/2018 - 13:18 Permalink

In a perfect world there would be a few judges who gave a flying crap about the law.

In our world, if you’re faced with litigation, settle, even if the law, facts and precedent are all 100% on your side. I have naively anticipated justice too often.

The one brush I had with criminal law (an acquaintance did some bad stuff and I was subpoenaed) I saw a far darker picture of assumed guilt, old boys and girls clubs and hapless nobodies with stunned looks of horror or glazed eyes. I’m sure criminal courts are far worse.

Fun aside: I was called to jury duty and it was one of the judges who made up law out of whole cloth and cost me LOTS of money. At one point, he asked the room of about 150 candidates if anyone thought that they might have trouble following his instructions. I raised my hand and with a shocked expression the smug asshole said something like “Huh?” I jumped on the opportunity to speak: “I could never trust your direction because I know that you have no respect for the law.” He grumbled about not having asked for a reply, but he did say “huh?”. When he said “you may leave. You are excused” I felt very satisfied - I’d rather have the money he screwed me out of, but at least I got in a good, humiliating fuck you.

In reply to by IH8OBAMA

Aerows MarsInScorpio Wed, 02/21/2018 - 12:16 Permalink

I won't stop posting it everywhere, either.  Bay of Pigs has the right idea, and more of us join him in reminding everybody everyday on ALL the forums we visit.

His name was Seth Rich.

You can silence once voice, but you cannot silence the chorus of millions of voices that demand justice.

In reply to by MarsInScorpio

Aerows kralizec Wed, 02/21/2018 - 15:53 Permalink

The gun is the great equalizer.  Women can handle one just as easily as a man can. Let's see how many of these assholes will deny stealing millions when facing down the barrel of a gun.  Let's see how many will lie - on either side - when accused in a capital crime.

All this brouhaha about being unable to source lethal injection drugs could be solved with the way an original firing squad worked.  Everybody shot, nobody knew whose bullet was the one that ended the bastard's (or bitch's) miserable life. 

In reply to by kralizec

GeoffreyT kralizec Wed, 02/21/2018 - 16:39 Permalink

The reason duelling (and brawling) was banned is because the parasite classes (politicians, senior bureaucrats and senior clergy) are cowards: they vastly prefer being able to have their dirty work done by henchmen drawn from the dregs of the labour market (i.e., pigs and soldiers).

Plus, because they're scum, they have absolutely no honour (which is why they insist on self-referring as "The Honourable" and "His Grace/Excellency": protesting way the fuck too much).

Duelling with pistols these days would be a stupid idea - modern pistols are too accurate and too deadly. It would be over too quickly - I would prefer that these scum take a good half hour to die.


That said: the tradition of duelling was too tied up with notions of class and artificial hierarchy. Brawling is purer, because it does not give a fuck about 'station'... and besides, wouldn't it be far more satisfying to beat a politician to death?


In reply to by kralizec

toady Stan522 Wed, 02/21/2018 - 12:45 Permalink

This is a good point that many don't seem to realize. And it's not just the fbi, it's all "law enforcement".

They can tell you they are torturing your grandson in the next room, while they play a tape of a kid screaming. They can tell you your mother already sold you down the river. They can tell you that you get all the hookers and morphine you could ever want if you just say "yes".

In effect, they are used car salesman on steroids, searching out your fears or desires so they can use them against you.

And none of the lies or abuse ever come to light in a court of law. But if you misunderstand what the definition of "is" is they'll give you the death penalty.

All lawyers and judges can go fuck themselves.

In reply to by Stan522

Chupacabra-322 Keyser Wed, 02/21/2018 - 08:54 Permalink

@ Keyser,




Private Military Contractors are & have been the ones assisting the CIA arming, funding & training the I CIA SIS. Remember, the CIA / Deep State have been funding the Madrasah's / Wahabism programs with Saudi Arabia in Iraq, Syria, Lybia & Central Asia etc...


Former FBI translator Sibel Edmonds was gagged by the Bush Administration after 911. She’s was going to blow the whistle on the arming, funding, training, Madrasah’s etc...she was gagged for 10 years.

Know who gagged her?


Criminal Mueller from the Criminal FBI Crime Syndicate investigating the whole fake Russia narrative.


Published on Oct 24, 2017FBI whistleblower Sibel Edmonds exposes Special Counsel Robert Mueller’s conflict of interest in pursuing General Michael Flynn’s case due to his direct involvement as former FBI Director and his role in covering up and protecting Gulen Networks’ criminal operations within the United States, and demands that he steps down.


In reply to by Keyser

RumpleShitzkin crossroaddemon Wed, 02/21/2018 - 13:31 Permalink

Do you know who Flynn worked for? Do you realize he was the most credible MIL to blow the whistle on the ISIS bullshit?


Do you recall McCabe’s comment that he was gonna get that fucker Flynn first?


Fuck you, you weak assed loser dirtbag. Everything is right in your face, but you just bitch, moan and promote nothing but the loser apathy that made you such a worthless cunt to begin with.



In reply to by crossroaddemon

Aerows Keyser Wed, 02/21/2018 - 10:17 Permalink

It certainly is possible.  You have to be open minded, though, and not just assume that everyone is playing a fair hand just because they look good on camera.

Obama got away with a lot of things just because of his "Tiger Beat" teen magazine appeal.

At least Trump has some sense.

In reply to by Keyser

StarGate Keyser Wed, 02/21/2018 - 10:48 Permalink

Big story missed -

Purpose of FBI “302 system” is obviously to FALSIFY the testimony of the witness. 

By FBI agent “WRITING” down WHATEVER they want of the interview, they control the narrative.  They can change, twist, and omit testimony.

If FBI was on the side of Truth, they would TAPE the interviews.

WHY are the FBI allowed to get away with this criminalizing process?

In reply to by Keyser