Prosecutors Completely Reject Michael Flynn Claim That Exculpatory Evidence Was Withheld

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Prosecutors Completely Reject Michael Flynn Claim That Exculpatory Evidence Was Withheld

Included in the government’s latest filing were exhibits of the FBI’s handwritten interview notes and 302s. You can read those in the embed below.

Here are the key aspects of the government’s response.

Prior to December 1, 2017, however, the defendant had not been charged with a crime. After communications between the government and the defendant’s counsel, the defendant agreed to meet with the government in November 2017 (specifically, on November 16, 17, 20, 21, and 29). Each interview was voluntary. The defendant was represented by counsel, was free to leave at any time, and was afforded protections by the government against his statements during those meetings being used against him. During the entirety of the interviews, the government had not filed criminal charges against the defendant, and a plea agreement had not been signed. In short, the government had no obligation to provide the defendant with any information before or during those voluntary interviews.

After the government made those disclosures, on November 30, 2017, the defendant signed the plea agreement and the government filed an information with the Court, charging the defendant with one count of “willfully and knowingly” making material false statements about his communications with the Russian Ambassador during an interview with the Federal Bureau of Investigation (“FBI”) on January 24, 2017 (“January 24 interview”). On December 1, 2017, the defendant entered a knowing and voluntary guilty plea. Thereafter, this case was transferred to this Court, which issued its Standing Order.