- The Washington Times - Monday, November 4, 2019

President Trump’s former National Security Adviser Michael Flynn said Monday he will ask a federal judge to dismiss the criminal case against him because of “egregious government misconduct.”

Flynn, who pleaded guilty in December 2017 to one count of lying to investigators about his conversations with Russia’s ambassador to the United States, is scheduled to be sentenced in December.

In the most recent filing, Flynn’s attorney Sidney Powell alleged that federal prosecutors have withheld previously undisclosed evidence that could exonerate her client.

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“The government engaged in conduct so shocking to the conscience and so inimical to our system of justice that it requires the dismissal of the charges for outrageous government conduct,” Ms. Powell wrote.

She said Flynn intends to file a motion asking the court to dismiss the charges “at the appropriate time.”

Ms. Powell contends federal prosecutors buried evidence, including the FBI’s original interview notes with Flynn. She said the initial notes, known as 302s, have either been edited or destroyed.

In addition, she said prosecutors concealed an alleged conflict of interest between Flynn’s previous attorneys and the Justice Department.

Prosecutors in earlier court filings have dismissed Ms. Powell’s claims as “conspiracy theories” and said the government has handed over all exculpatory evidence to Flynn’s previous legal team.

But Ms. Powell has continued to double down on her claims writing Monday that Flynn is “entitled to these materials.”

Flynn was scheduled to be sentenced last September, but his lawyers asked to postpone the hearing after Judge Emmet G. Sullivan reprimanded the Army lieutenant general. Judge Sullivan told Flynn that “you sold your country out.”

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