By Mary Fanning and Alan Jones  |  October 16,  2019

U.S. District Judge Emmet G. Sullivan was extremely troubled when he spoke to the legal community about the need to safeguard the integrity of our criminal justice system … and talked about the government’s “obligation to pursue convictions fairly and in accordance with the Constitution … when the government does not meet its obligation to turn over evidence, the system falters.” 

In the ongoing case United States v. Michael  T. Flynn, the Justice Department’s prosecution team did not turn over exculpatory evidence or so-called  Brady material (Brady v. Maryland, 373 U.S. 83 (1963)) to U.S. Army Lieutenant General Flynn’s  (Ret.) defense attorney. 

General Flynn served as Director of the Defense Intelligence Agency (DIA) and as President Trump’s national security adviser.

Withholding exculpatory evidence from the defense is prosecutorial misconduct. General Flynn’s case is not the first time DOJ prosecutors have denied a defendant their constitutional rights.

The prosecution knowingly suppressed key evidence that would have proven General Flynn’s innocence. Under the U.S. Constitution, General Flynn is entitled to due process and to the disclosure of all evidence that would help his case. 

General Flynn’s Constitutional rights were violated by FBI Director James Comey, Special Counsel Robert Mueller, and the Justice Department, including former Assistant U.S. Attorney Deborah A. Curtis, who until September 27, 2019, was the lead DOJ attorney prosecuting General Flynn’s case.

According to General Flynn’s attorney Sidney Powell, when FBI Director Comey met with President Trump, Comey did not inform President Trump that the FBI had already cleared General Flynn of any crime.

When President Trump stated to Comey regarding Flynn (a 33-year U.S. Army veteran) “I hope you can see your way clear to letting this go, to letting Flynn go. He is a good guy. I hope you can let this go.” Comey used that conversation in an effort to entrap President Trump in an obstruction of justice charge though Comey was well aware that Flynn had been cleared of committing a crime.

Comey then began his obstruction claim, triggering the appointment of Special Counsel Mueller. 

According to General Flynn’s attorney Sidney Powell, “there is nothing they would not do to stop President Trump.”

That includes railroading General Flynn. General Flynn was  more than simply the vehicle to take down President Trump. The Obama administration waged a vendetta against General Flynn for his exposure of the Obama administration’s “willful decision” to arm ISIS. 

In 2012, the DIA, under General Flynn’s command, predicted the rise of ISIS and warned the Obama administration about the coming Islamic Caliphate in a classified report that President Obama ignored. 

Flynn later stated that the Obama administration’s decision to arm radical Islamic terrorists in Syria who morphed into the ISIS Caliphate and then conquered much of Iraq was in fact a “willful decision.”  That report made General Flynn no friends in the Obama administration, particularly in the intelligence community. Flynn became persona non grata. Though a genocide of Christians took place in the Middle East under the Obama administration, little was heard about the slaughter of Christians from the politicized Main Stream Media. 

Corrupt DOJ Prosecutors Exposed In Senator Stevens Case

One week before the 2008 election, Republican Senator Ted Stevens of Alaska was convicted by the DOJ for allegedly accepting gifts in the form of home improvements. In the wake of his conviction, Senator Stevens lost his reelection bid, changing the Senate balance of power in favor of the Democrats. 

Senator Stevens’ case was overturned in 2009 after an investigation revealed that DOJ prosecutors and the FBI had withheld from Stevens’ defense team exculpatory evidence, including witnesses, witness statements, and FBI 302 forms, that made it clear that Senator Stevens was never guilty as charged. Prosecutors also leaked confidential bits of information to the media in an attempt to sway public opinion. A member of the prosecution team was involved in an inappropriate relationship with a witness. The prosecution team also lied to the court. These were criminal violations by the prosecution team. 

Two years after the government cleared Senator Stevens’ name, Stevens died in an Alaska plane crash.

The Department of Justice after the exposure of Senator Stevens case was left with a “whopping black eye” in the words of Sidney Powell. Should Mueller’s prosecutors get a conviction of General Flynn, while withholding evidence once again, the Justice Department will be irreparably damaged. 

According to Powell, Comey’s lie about General Flynn was as big as the lie that formed the Trump Russia Hoax.

Special Counsel Mueller’s team appears to have coerced General Flynn into a guilty plea. Flynn, it was later found, had not lied under oath, according to FBI Special Agent Joseph Pientka.

Montgomery’s Hard Drives Are Exculpatory Evidence Withheld From Flynn’s Defense Team

CIA contractor-turned-whistleblower Dennis L. Montgomery asserts that the FBI buried the evidence Montgomery provided in 2015 to FBI Director James Comey, FBI General Counsel James Baker, and Assistant U.S. Attorney Deborah Curtis that proved John Brennan and James Clapper illegally wiretapped Lt. Gen. Michael Flynn (Ret.) with “THE HAMMER.”

“THE HAMMER” is the foreign super surveillance tool that, according to Montgomery, Brennan  and Clapper illegally commandeered and transformed into an unlawful domestic surveillance system.

The DOJ hid from General Flynn, and from Flynn’s attorney Sidney Powell, information about “THE HAMMER” that Montgomery provided to the FBI and to Assistant U.S. Attorney Curtis.

The DOJ failed to disclose to General Flynn and his defense team that Brennan and Clapper  illegally used “THE HAMMER” to wiretap Flynn as well as Donald Trump.

According to Montgomery, Brennan and Clapper, during Barack Obama’s presidency, illegally harvested surveillance data on high-profile individuals including General Flynn, Donald Trump, Rudy Giuliani, Supreme Court Chief Justice John Roberts, Supreme Court Justice Antonin Scalia, one-time head of the FISA Court Judge Reggie Walton, 156 Article III judges, business leaders, Wall Street executives, and millions of other Americans. 

According to Montgomery, Brennan and Clapper, illegally harvested the domestic surveillance data for the purpose of “blackmail” and “leverage.”

The government’s entire prosecution of General Flynn is tainted, in much the same fashion as the DOJ’s 2008 prosecution of Republican U.S. Senator Ted Stevens from Alaska was tainted.

Prosecutorial Misconduct In  United States v. Stevens And “THE HAMMER” Used To Override The American People’s Vote 

Partisan DOJ prosecutors made certain that Senator Stevens would lose his 2008 reelection bid, shifting the Senate balance of power.

The Federalist wrote:  “Not only did Stevens lose the election in 2008, his loss paved the way for a filibuster-proof majority for the Democrats in April of 2009. That means the misconduct paid off handsomely for Democratic partisans at no cost to the perpetrators. This DOJ election meddling helped a Democrat.” 

According to The Wall Street Journal:  “ObamaCare would never have passed if Mr. Franken hadn’t stolen the Minnesota recount and prosecutors hadn’t hidden exculpatory evidence to convict Alaska Republican Ted Stevens on false ethics charges.”

According to “The Whistleblower Tapes”:  “Brennan and Clapper used “THE HAMMER” to wiretap Supreme Court Chief Justice John Roberts. Chief Justice Roberts inexplicably reversed his opposition to The Affordable Care Act, also known as Obamacare, putting Americans’ health care in the hands of government bureaucrats.

Senator Steven’s tainted prosecution was a clear case of DOJ meddling in a Senate election. General Flynn’s tainted prosecution is a clear case of the DOJ meddling in an effort to overturn a presidential election and influence the upcoming presidential election. 

A follow-up investigation revealed the depth of DOJ misconduct during Senator Steven’s trial. “The 500-page report by investigator Henry F. Schuelke III shook the legal community, as law professors described it as a milestone in the history of prosecutorial misconduct,” NPR reported.

“It is incredible that in such an incredibly high-profile case, where a sitting United States senator is being prosecuted under the spotlight of the world with cameras watching and a top-notch defense team, that these kinds of egregious Brady violations could occur,” Cynthia Jones, a professor at American University College of Law, stated.

As was the case with Senator Stevens, the DOJ is committing the same prosecutorial misconduct using Kafkaesque techniques to railroad General Flynn as it used against Senator Stevens. 

Although the Schuelke report blasted the DOJ for massive prosecutorial misconduct in the Stevens case, including withholding of exculpatory evidence and tampering with witness statements, only two lower-level federal prosecutors in Alaska, Joseph Bottini and James Goeke, were formally reprimanded and temporarily suspended. Bottini and Goeke’s case was  later overturned on appeal and they received full back pay.

“The people who should be investigated and held responsible for the mistakes made in this case were the then upper management in the Department of Justice who, for political reasons, rushed this case to trial before the prosecution was prepared to try it,” Matthew Menchel, an attorney for Goeke stated.

Senator Stevens’ defense attorney Brendan Sullivan said: “The extent of the corruption is shocking, it’s the worst misconduct we’ve seen in a generation by prosecutors at the Department of Justice.”

The Federalist wrote in a 2018 article titled “Framing Ted Stevens In 2008 Was The Deep State’s Trial Run For Framing Trump”:  “if one wonders how Department of Justice and Federal Bureau of Investigation employees like Bruce Ohr and Peter Strzok felt such impunity while actively meddling with the 2016 presidential election, one need look no further than the legacy of DOJ’s meddling in the Alaska Senate election of 2008.”

The DOJ railroaded Senator Stevens. U.S. District Judge Emmet Sullivan set aside the verdict, vacating the Senator’s conviction. Judge Sullivan roundly lambasted the DOJ, the DOJ’s prosecution team, and the dishonest tactics that team had used against Senator Stevens.

Is Prosecutorial Misconduct And “THE HAMMER” In The United States V. Flynn Case Being Perpetrated In Order To Affect An Election 

This is deja vu all over again. Only this time it is for the preservation of the rule of law and to save the Republic itself.

Judge Sullivan excoriated the Justice Department for withholding Brady material and hiding witnesses from Senator Stevens’ defense team. According to The Washington Post, Judge Sullivan called the DOJ prosecution team’s pattern of concealing exculpatory evidence from defendant Stevens “the worst misconduct he had seen in 25 years on the bench.”  That was, of course, before General Flynn’s prosecution.

Judge Sullivan spoke those words while referring to Senator Stevens’ case, but they apply equally to Michael Flynn’s case, which now is before Judge Sullivan at the U.S. District Court for the District of Columbia.

In 2015, DOJ Assistant U.S. Attorney Deborah Curtis, FBI Director James Comey, and FBI General Counsel James Baker took receipt of 47 hard drives from Dennis Montgomery and buried the evidence Montgomery had handed over under two immunity agreements, that proved  that Brennan and Clapper ran “THE HAMMER” and used it to wiretap General Michael Flynn and Donald Trump, among many other Americans, according to Montgomery.


Curtis had secrets that she withheld from Flynn’s defense team — conflicts of interest that could throw the government’s already flawed entrapment case against Flynn into a tailspin.

On September 27, 2019, hours after The American Report connected Assistant U.S. Attorney Curtis to both Montgomery’s handover of evidence and to Flynn’s case, a Courthouse News Service reporter tweeted that the DOJ had submitted to the Flynn case docket that Curtis was off the Flynn case because she was separating from the DOJ, effective the end of the day.

Comey’s “right hand men,” FBI Special Agents Barnett and Giardina, together with Assistant U.S. Attorney Curtis, had earlier debriefed Montgomery inside a secure Sensitive Compartmented Information Facility (SCIF) at the FBI Washington D.C. Field Office on December 3, 2015; accordingly, they too share the guilty knowledge of “THE HAMMER” and the illegal activities effected through its use. 

Giardina and Barnett were both subsequently assigned to Robert Mueller’s Special Counsel investigation. Giardina and Barnett were also both assigned to Michael Flynn‘s prosecution.

FBI General Counsel James Baker dispatched FBI agents to take custody of Montgomery’s 47 computer hard drives on August 19, 2015. Baker testified before two Congressional committees that whistleblower Dennis Montgomery turned over evidence to the FBI about illegal surveillance by government officials of Americans, including other government officials.

Baker stated during an August 2018 closed-door interview with U.S. Representatives:

I’m turning to the Bureau to describe this. So his [Attorney Larry Klayman] client was an individual named Dennis Montgomery, who I believe, to the best of my recollection, he said that he had been a U.S. Government contractor and, in the course of that work, had come across evidence of unlawful surveillance by the government of Americans — and including government officials — and wanted to give that information to the Bureau, which eventually did take place.

Baker is a long-time close friend of James Comey. Baker and Comey worked together at the Justice Department and at investment management firm Bridgewater Associates.

Baker subsequently joined the Brookings Institution and Lawfare. Lawfare is run by James Comey’s close friend Benjamin Wittes.

Wittes admitted to being the principal source of leaked information to the New York Times for its May 2017 report about Comey and President Trump.

Flynn’s attorney Powell stated in a brief filed on August 30, 2019 in support of her motion seeking more exculpatory evidence to defend Flynn:

The government has a crushing 95% or higher conviction rate. It is virtually impossible to defend successfully when the might and power of the federal government focuses on the destruction of an individual, and the government holds all the cards. The rule of Brady v. Maryland requiring the government to disclose evidence favorable to the defense, is probably the single most important underpinning of Due Process for a criminal defendant it is often observed only in the breach. While prosecutors routinely recite their full knowledge of and compliance with their Brady obligations, in truth they often scoff at them and continue to play games to win convictions at all costs. Meanwhile, the defense does not know what the defense does not know.

And play games they did …The prosecution in the Flynn case, as in the Stevens case, withheld vital evidence upending the rule of law — once again.

It is reported that FBI Agent Joseph Pientka stated that Flynn did not lie during his interview with Pientka and Peter Strzok.  This is particularly relevant because Peter Strzok has already been proven to be less than trustworthy. Strzok’s text messages revealed that he is virulently the anti-Trump. Strzok’s affair with his co-worker evidenced his lack of character and calls into question Strzok’s own veracity. 

Director Comey specifically told the House Judiciary Committee during a briefing that the FBI agents who interviewed Lt. General Michael Flynn, “saw nothing that led them to believe [he was] lying.”

The FBI refused to make Special Agent Pientka available for a House Judiciary Committee interview. The Justice Department repeatedly refused to allow then-Senate Judiciary Committee Chairman Chuck Grassley to speak to FBI Special Agent Joseph Pientka.

After Special Agents Pientka and Strzok interviewed Flynn in February 2017 at the White House, Strzok did not fill out a 302 form or enter it into the FBI computer system within five days, as required under FBI guidelines. Instead, Strzok waited until July 2017 to enter information into the FBI computer. In August 2017, FBI agents interviewed Strzok about his recollections of the interview, and only then did those FBI agents create a 302, seven months after Strzok and Pientka interviewed Flynn.

Where are the original February 2017 notes from FBI Special Agents Strzok and Pientka summarizing the ambush interview they conducted with General Flynn at the White House? 

Former FBI Director Comey has freely admitted to planning the ambush of General Flynn and to taking advantage of the “chaotic” first days of the new Trump administration.

According to Chairman Grassley, the DOJ also withheld the transcript of the intercepted phone call between Flynn and the Russian ambassador and “any FBI reports summarizing them.” 

Chairman Grassley also requested “FBI agents’ 302s memorializing their interview of Flynn and supporting docs, including the agents’ notes.”

Just as the DOJ stonewalled the defense  in the Stevens case and refused to turn over exculpatory evidence to Stevens defense team, so too has the prosecution stonewalled Flynn and Flynn’s attorney Sidney Powell refusing to turn over exculpatory evidence. The DOJ and FBI have also refused to turn over requested information to the House Judiciary Committee. The DOJ apparently believes itself to be above the law.

The DOJ and FBI act as though they have something to hide, as they rush to sentence General Flynn. 

Strzok-Page Text Messages Prove That FBI “Lovers” Were Aware Of Dennis Montgomery

Peter Strzok was well aware of Dennis Montgomery, as proven by Strzok’s redacted text messages to his paramour Lisa  Page. Strzok and Page exchanged text messages regarding Montgomery and his then-attorney Larry Klayman shortly after Lt General Thomas McInerney (Ret.) broadcast over America’s radio airwaves that Brennan and Clapper were using “THE HAMMER” to wiretap Donald Trump “a zillion times,” according to “The Whistleblower Tapes,” and confirmed by Dennis Montgomery.

On March 19, 2017, Lieutenant General Thomas McInerney, then a Fox News military analyst and formerly the third highest ranking Air Force official at the Pentagon, broadcast the information that Admiral James A. “Ace” Lyons had given to him. 

Strzok and Page exchanged a cryptic text message minutes after McInerney’s WAAM 1600 terrestrial radio interview with Dr. Dave Janda aired and exchanged a second text message later that evening, Sunday March 19, 2017, that specifically mentioned Dennis Montgomery and Montgomery’s attorney Larry Klayman. 

The following morning, Monday, March 20, 2019, less than 17 hours after General McInerney’s radio interview, FBI Director James Comey lied to Congress when he told the House Intelligence Committee, led by Representative Adam Schiff (D-CA), that the FBI did not possess any evidence supporting President Trump’s March 4, 2017 tweet accusing President Obama of wiretapping Donald Trump at Trump Tower.

James Comey lied as he was in possession of Montgomery’s 47 decrypted hard drives of evidence. 

Director Comey also announced that the FBI had launched an investigation into Russian interference in the 2016 election and any connections between President Trump and Russia.

James Comey told New York Magazine “I’d moved from Communist to whatever I am now. I’m not even sure how to characterize myself politically. Maybe at some point, I’ll have to figure it out,” leaving many wondering how Comey ever became an FBI director.

John Brennan admitted to CNN that he voted for Communist Party USA candidate Gus Hall in the 1976 presidential election, proving that Brennan’s communist bonafides are on par with those of James Comey.

Mueller Involved In Stevens Prosecution, Flynn Prosecution, And “THE HAMMER”

FBI Director Robert Mueller was involved in Senator Stevens’ case just as he was as Special Counsel involved in General Flynn’s case. 

Director Mueller’s FBI provided the computers for “The Hammer,” according to Dennis Montgomery. FBI agents were also placed inside the Fort Washington Facility in Maryland, where “THE HAMMER” was located. 

Montgomery stated during a 2017 radio interview with his then-attorney Larry Klayman:

This is very, very, very powerful technology, and it was created under Robert Mueller’s watch. The last person I would think that should be investigating Donald Trump is Robert Mueller, who was collecting information on Donald Trump ten years ago … Mueller has a huge conflict of interest, a huge conflict of interest.

Director Mueller’s FBI agents raided Montgomery’s Reno, Nevada home and storage units using search warrants that were illegally obtained, according to U.S. Magistrate Judge Valerie Cooke.

Former Federal Prosecutor And Super Lawyer Sidney Powell Races To Preserve The Rule Of Law, The US Constitution, And The Republic Itself 

In a race against time, attorney Sidney Powell is moving to ask U.S. District Judge Emmet Sullivan to hold the DOJ and the DOJ prosecutors handling General Flynn’s case in contempt of court for withholding exculpatory evidence that is known to exist. 

On  August 30, 2019, Flynn’s attorney Sidney Powell submitted a sealed motion and an unsealed brief in support of that motion that asks Judge Sullivan to compel the DOJ to produce additional exculpatory evidence that could be favorable to General Flynn’s defense.

Meanwhile, the DOJ is rushing to move into the sentencing phase of Flynn’s case as the nation hangs in the balance only one year out from the 2020 presidential election.

DOJ attorneys prosecuting Flynn responded harshly to Powell’s motion, deriding Powell’s request with Soviet-style mockery by dismissing Powell’s request for exculpatory evidence as a “fishing expedition” based on “conspiracy theories.”

What is not a conspiracy theory is the fact that in 2015 the DOJ and the FBI took possession of evidence provided by Montgomery that, according to Montggomery, proves that the Obama administration covertly used the foreign surveillance tool  “THE HAMMER” to conduct illegal surveillance of Flynn and Trump. 

Powell’s request for exculpatory evidence is not based upon conspiracy theory.  

There is, however, a vast conspiracy being perpetrated by career prosecutors inside the Department of Justice working in concert with Special Counsel Robert Mueller’s Russia Collusion team and members of James Comey’s FBI, to take down General Flynn and, ultimately, President Trump.

This is a coup. 

The DOJ stole one election already via unprecedented abuses of the rule of law in the Senator Stevens travesty. One can only hope that the rule of law is preserved, the nation is saved, and subversion is not rewarded once again.