Today the DOJ files their surreply to the game-changing Flynn motion to compel Brady material filed by defense attorney Sidney Powell (full pdf below). Within the DOJ filing the prosecution generally makes four arguments:

- The government had no legal obligation to provide exculpatory Brady material prior to the plea agreement (Nov 30th, 2017).
- After the plea agreement the government had no legal obligation to provide exculpatory Brady material that was not directly related to the evidence about the charge of Flynn lying to investigators during the January 24th, 2017, interview.
- The government uses odd language to claim a draft of the Flynn interview report (FD-302) does not exist prior to their Feb 10th construct: “Even if an earlier draft of the [302] once existed, there is no reason to believe it would materially differ” from the agents’ notes. Sounds sketchy, like they know an earlier draft does likely exist.
- The government severely understates the conflict of interest created by the DOJ using the leverage of an incorrectly completed FARA submission to pressure the Flynn plea.
Flynn’s attorney Sidney Powell will now be allowed to file a sur-surreply to the position of the DOJ prosecutors.
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