Previously Michael Flynn’s attorney, Sidney Powell, had to file specific requests within their ‘motion to show cause for Brady discovery material‘ under seal. After a DOJ review, and redaction of some names, the discovery motion is now unsealed by the court and available for review.
There are 40 bullet points outlining material sought by Michael Flynn. The request is extensive and connects to multiple aspects of the overall DOJ, FBI and intelligence community operations throughout 2016 and into 2017. The government response to the Flynn motion is due to Judge Sullivan by September 24th at noon.
This prosecution and the circumstances surrounding it are unprecedented. The only way to achieve justice in this case is to provide transparency and the full disclosure of all information relevant to the defense of Mr. Flynn. Now, more than ever, the government must be held to the highest standards, as classically set out in Berger v. United States, 295 U.S. 78, 86 (1935) (“The United States Attorney is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal prosecution is not that it shall win the case, but that justice shall be done.”); United States v. Harvey, 791 F.2d 294, 300 (4th Cir. 1986) (noting “both constitutional and supervisory concerns require holding the Government to a greater degree of responsibility”).