Case 1:17-cr-00232-EGS Document 136 Filed 11/05/19 Page 1 of 3 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA v. Crim. No. 17-232 (EGS) MICHAEL T. FLYNN, Defendant NOTICE OF DISCOVERY CORRESPONDENCE The United States of America, by and through its attorney, the United States Attorney for the District of Columbia, hereby files with the Court its most recent discovery correspondence in this case. Earlier today, the government transmitted the attached letter to counsel (Attachment A), which states that this morning the government confirmed that it had misidentified the authorship of the handwritten notes from the January 24, 2017 interview of the defendant. The notes the government had previously identified as Peter Strzok’s, are actually the other agent’s notes (see Surreply, Exhibit 1), and what the government had identified as the other agent’s notes are Strzok’s notes (see Surreply, Exhibit 2). Case 1:17-cr-00232-EGS Document 136 Filed 11/05/19 Page 2 of 3 We are available should the Court have questions, or if the Court would like us to take further corrective action. Respectfully submitted, JESSIE K. LIU U.S. Attorney for the District of Columbia By: /s/ Brandon L. Van Grack Special Assistant U.S. Attorney 950 Pennsylvania Ave., NW Washington, DC 20530 (202) 233-0968 Jocelyn Ballantine Assistant United States Attorney 555 4th Street NW Washington, D.C. 20530 Dated: November 5, 2019 2 Case 1:17-cr-00232-EGS Document 136 Filed 11/05/19 Page 3 of 3 CERTIFICATE OF SERVICE I, Brandon L. Van Grack, certify that I caused to be served a copy of the foregoing by electronic means on counsel of record for the defendant on November 5, 2019. ______/s/_______________ Brandon L. Van Grack 950 Pennsylvania Ave., NW Washington, DC 20530 (202) 233-0968 Attorney for the United States of America 3 Case Document 136-1 Filed 11/05/19 Page 1 of 2 ATTACHMENT A Case 1:17-cr-00232-EGS Document 136-1 Filed 11/05/19 Page 2 of 2 U.S. Department of Justice Jessie K. Liu United States Attorney District of Columbia Judiciary Center 555 Fourth St., N.W. Washington, D.C. 20530 November 5, 2019 Via Email Sidney Powell 2911 Turtle Creek Blvd., Suite 300 Dallas, TX 75219 Re: United States v. Michael T. Flynn, 17-cr-00232 (EGS) Dear Counsel: Last evening, we received word that our Surreply may have misidentified the authorship of the handwritten notes from the January 24, 2017 interview of your client. Specifically, we were informed that the notes we had identified as Peter Strzok’s, were actually the other agent’s notes (see Surreply, Exhibit 1), and what we had identified as the other agent’s notes were in fact Strzok’s notes (see Surreply, Exhibit 2). This morning, we asked the FBI to re-examine the electronic records from the January 24 interview, and they confirmed that the government mistakenly identified these notes in its March 13, 2018 discovery letter. Strzok’s notes are those numbered DOJSCO-700021192—DOJSCO700021195; and the other agent’s notes are those numbered DOJSCO-700021196—DOJSCO700021198. We understand that this has caused some confusion, and we regret our error. The government has no other corrections to make about the notes. In addition to this letter, we will be providing notice to the Court of our mistake. Sincerely, By: JESSIE K. LIU United States Attorney /s/ Brandon L. Van Grack Special Assistant United States Attorney Jocelyn Ballantine Assistant United States Attorney