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Mike Flynn was 'deliberately set up and framed' by the FBI — and his lawyers have the evidence to prove it
Tom Williams/CQ Roll Call

Mike Flynn was 'deliberately set up and framed' by the FBI — and his lawyers have the evidence to prove it

'The government's misconduct in this case is beyond shocking and reprehensible'

Lawyers for Michael Flynn claimed in new court documents filed on Friday that the government recently produced previously undisclosed evidence that "proves" Flynn was "deliberately set up and framed" by the FBI.

In a supplemental court filing, Flynn's attorney, Sidney Powell, wrote:

This afternoon, the government produced to Mr. Flynn stunning Brady evidence that proves Mr. Flynn's allegations of having been deliberately set up and framed by corrupt agents at the top of the FBI.

It also defeats any argument that the interview of Mr. Flynn on January 24, 2017 was material to any "investigation." The government has deliberately suppressed this evidence from the inception of this prosecution—knowing there was no crime by Mr. Flynn.

The reference to "Brady evidence" suggests the government withheld exculpatory evidence from Flynn's defense team that could have helped prove Flynn's innocence.

The landmark Supreme Court case Brady v. Maryland requires that prosecutors turn over all evidence favorable to the defendant. Withholding such evidence amounts to a violation of due process, the court ruled.

In Friday's court filing, Powell also claimed there is evidence that Brandon Van Grack, the head prosecutor on the case, coerced a guilty plea from Flynn by threatening to also prosecute Flynn's son despite making a "side deal" with Flynn's former defense team to not prosecute his son.

Withholding that information violated another landmark Supreme Court case, Giglio v. United States, Powell said.

"All this new evidence, and the government has advised there is more to come, proves that the crimes were committed by the FBI officials and then the prosecutors. The government's misconduct in this case is beyond shocking and reprehensible. It mandates dismissal," Powell wrote.

The Daily Caller reported on Friday that FBI Director Christopher Wray pushed to withhold the exculpatory evidence in the Flynn case. However, officials with the Justice Department and FBI denied that assertion.

"The assertion that Director Wray pushed to withhold exculpatory evidence in the Michael Flynn case is 100% false," DOJ spokeswoman Kerri Kupec told the Daily Caller.

FBI Assistant Director of Public Affairs Brian Hale also called the allegation "absolutely false."

President Donald Trump said in February that he is considering a "full pardon" for Flynn.

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