Case 1:17-cr-00232-EGS Document 259 Filed 10/07/20 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 COMPLIANCE WITH MINUTE ORDER
The United States of America, by and through its attorney, the United States Attorney for
the District of Columbia, hereby files with the Court additional materials in response to the
Court’s Minute Order of September 29, 2020. As we have previously disclosed, beginning in
January 2020, the United States Attorney for the Eastern District of Missouri has been
conducting a review of the Michael T. Flynn investigation. On September 23, 2020, the
government disclosed handwritten notes of former Deputy Assistant Director (DAD) Peter
Strzok (23501 & 23503) and former Deputy Director (DD) Andrew McCabe (23502) that were
obtained and analyzed by USAO EDMO during the course of its review.
On September 24, 2020, counsel for Michael T. Flynn filed a supplement to their motion
to dismiss (Doc. 248), attaching the single page of McCabe notes as Exhibit B (Doc. 248-2), and
the two pages of Strzok notes as Exhibit C (Doc. 248-3) and Exhibit D (Doc. 248-4).
On September 28, 2020, Aitan D. Goelman, an attorney representing former DAD Peter
Strzok, sent a letter to the Court notifying the Court that the notes contained handwritten dates
that appeared to have been added by someone other than his client.

 Case 1:17-cr-00232-EGS Document 259 Filed 10/07/20 Page 2 of 3

On September 29, 2020, the Court questioned the government about this assertion and
ordered the government to file any additional motions or supplemental materials by no later than
October 7, 2020.
On October 2, 2020, Michael R. Bromwich and Rachel B. Peck, attorneys representing
former DD McCabe sent a letter to the Court notifying the Court that, among other things, the
notes contained handwritten dates that appeared to have been added by someone other than their
client.
In response to the Court and counsel’s questions, the government has learned that, during
the review of the Strzok notes, FBI agents assigned to the EDMO review placed a single yellow
sticky note on each page of the Strzok notes with estimated dates (the notes themselves are
undated). Those two sticky notes were inadvertently not removed when the notes were scanned
by FBI Headquarters, before they were forwarded to our office for production. The government
has also confirmed with Mr. Goelman and can represent that the content of the notes was not
otherwise altered.
Similarly, the government has learned that, at some point during the review of the
McCabe notes, someone placed a blue “flag” with clear adhesive to the McCabe notes with an
estimated date (the notes themselves are also undated). Again, the flag was inadvertently not
removed when the notes were scanned by FBI Headquarters, before they were forwarded to our
office for production. Again, the content of the notes was not otherwise altered.

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 Case 1:17-cr-00232-EGS Document 259 Filed 10/07/20 Page 3 of 3

The government hereby files updated versions of these documents, and suggests that in
light of the foregoing, it would be appropriate to substitute Doc. 248-2 with Exhibit A, Doc. 2483 with Exhibit B, and Doc. 248-4 with Exhibit C.
Respectfully submitted,
MICHAEL R. SHERWIN
United States Attorney
NY Bar No. 4444188
KENNETH C. KOHL
Acting Principal Assistant U.S. Attorney
By: /s/ Jocelyn Ballantine
Jocelyn Ballantine
Assistant United States Attorney
CA Bar No. 208267
555 4th Street NW
Washington, D.C. 20530
Dated: October 7, 2020
Enclosures

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