Case 1:17-cr-00232-EGS Document 124 Filed 10/15/19 Page 1 of 5 UNITED STATES DISTRICT COURT DISTRICT OF COLUMBIA UNITED STATES OF AMERICA Plaintiff, Criminal Action No. 17-232-EGS v. MICHAEL T. FLYNN, Defendant. MOTION TO PRODUCE NEWLY DISCOVERED BRADY EVIDENCE AND BRIEF IN SUPPORT THEREOF Michael T. Flynn (“Mr. Flynn”) requests the government be ordered to produce evidence that has only recently come into its possession. This evidence includes the data and metadata of the following two devices: Manufacturer BlackBerry Product 9900 Bold Model RDV71UW IMEI 351504055559948 PIN 2B08EC98 SIM Card ID 89441000302074582859 and; 2 Case 1:17-cr-00232-EGS Document 124 Filed 10/15/19 Page 2 of 5 Manufacturer BlackBerry Product Classic SQC100-1 Model SQC100-1 IMEI 359892051315486 PIN 2BFD0057 SIM Card ID 89441000300487623120 The defense requested this information initially by email to Mr. Van Grack and Ms. Ballantine on Friday, October 11, 2019. The government did not reply to the email of October 11, but it did reply in response to the notice of our Motion on October 15, 2019. This information is material, exculpatory, and relevant to the defense of Mr. Flynn, and specifically to the “OCONUS LURES” and agents that western intelligence tasked against him likely as early as 2014 to arrange—unbeknownst to him—“connections” with certain Russians that they would then use against him in their false claims. The phones were used by Mr. Joseph Mifsud. Mr. Flynn is entitled to this information under Brady v. Maryland, 373 U.S. 83, 87 (1963). Brady’s mandate is fundamental to Due Process and crucial to ensure that prosecutors fulfill their obligation to seek justice rather than convictions. The rule of Brady does so “[b]y requiring the prosecutor to assist the defense in making its case,” and in that respect “the Brady rule represents a limited departure from a pure adversary model.” United States v. Bagley, 473 U.S. 667, 675 n.6 (1985). The government "may not knowingly use false evidence, including false testimony, to obtain a tainted conviction.” Napue v. People of State of Ill., 360 U.S. 264, 269 (1959). This Court’s Standing Order also requires that the government produce this information to Mr. Flynn. 2 Case 1:17-cr-00232-EGS Document 124 Filed 10/15/19 Page 3 of 5 Dated: October 15, 2019 Respectfully submitted, /s/ Sidney Powell Sidney Powell Molly McCann Sidney Powell, P.C. 2911 Turtle Creek Blvd., Suite 300 Dallas, Texas 75219 Tel: 214-707-1775 sidney@federalappeals.com Admitted Pro Hac Vice /s/ Jesse R. Binnall Jesse R. Binnall, VSB # 79292 Lindsay R. McKasson Harvey & Binnall, PLLC 717 King Street, Suite 300 Alexandria, VA 22314 Tel: (703) 888-1943 Fax: (703) 888-1930 jbinnall@harveybinnall.com lmckasson@harveybinnall.com Admitted Pro Hac Vice W. William Hodes The William Hodes Law Firm 3658 Conservation Trail The Villages, Florida 32162 Tel: (352) 399-0531 Fax: (352) 240-3489 wwh@hodeslaw.com Admitted Pro Hac Vice 2 Case 1:17-cr-00232-EGS Document 124 Filed 10/15/19 Page 4 of 5 CERTIFICATE OF CONFERENCE Counsel for Defendant has personally attempted to contact counsel for the government to resolve the matter by e-mail on two occasions, Friday, October 11, 2019 and Tuesday, October 15, 2019. Counsel for the government replied on Tuesday, October 15, 2019 (“If we [the prosecutors] determine that they contain information that is discoverable or that is relevant to sentencing, we will produce them to you.”). Certified on October 15, 2019. Respectfully submitted, /s/ Sidney Powell Sidney Powell Sidney Powell, P.C. 2911 Turtle Creek Blvd., Suite 300 Dallas, Texas 75219 Tel: 214-707-1775 sidney@federalappeals.com Admitted Pro Hac Vice 3 Case 1:17-cr-00232-EGS Document 124 Filed 10/15/19 Page 5 of 5 CERTIFICATE OF SERVICE I hereby certify that, on October 15, 2019, true and genuine copies of Mr. Flynn’s Amendment to his Motion to Compel Production of Brady Material and for an Order to Show Cause were served via electronic mail by the Court’s CM/ECF system to all counsel of record, including: Jessie K. Liu, U.S. Attorney for the District of Columbia Brandon L. Van Grack, Special Assistant U.S. Attorney Jocelyn Ballantine, Assistant U.S. Attorney 555 Street, NW Washington, D.C. 20530 Respectfully submitted, /s/ Jesse R. Binnall Jesse R. Binnall, VSB# 79272 HARVEY & BINNALL, PLLC 717 King Street, Suite 300 Alexandria, VA 22314 Tel: (703) 888-1943 Fax: (703) 888-1930 jbinnall@harveybinnall.com 3 Case 1:17-cr-00232-EGS Document 124-1 Filed 10/15/19 Page 1 of 1 UNITED STATES DISTRICT COURT DISTRICT OF COLUMBIA UNITED STATES OF AMERICA Plaintiff, v. Criminal Action No. 17-232-EGS MICHAEL T. FLYNN, Defendant. ORDER GRANTING MOTION TO PRODUCE NEWLY DISCOVERED BRADY EVIDENCE Mr. Flynn moved to compel the government’s production of newly discovered Brady evidence. It is ORDERED that Mr. Flynn’s motion is GRANTED. Date: ______________________________ _______________________________ The Honorable Emmet G. Sullivan, Jr. United States District Judge