The revelations that the FBI might have tried to entrap retired Gen. Michael Flynn as part of the Russia investigation could indicate that a Justice Department prosecutor did not comply with a judge's order regarding which evidence is produced.
Days after FBI documents pertaining to the Flynn case were released and showed that agents discussed forcing "him to lie, so we can prosecute him or get him fired," Fox News reported that DOJ prosecutor Brandon Van Grack, who worked on the Russia case under then-special counsel Robert Mueller, failed to follow a legal order.
At issue is a 2018 directive by D.C. District Court Judge Emmet Sullivan that required Van Grack to make evidence available that is favorable to Flynn. The newly unsealed FBI documents appear to fall in this category, but they were not released until April 29.
Sullivan's order came as part of the "Brady" obligations, according to Fox. Van Grack told the judge several times after the ruling was handed down that he was in compliance.
In an October 2019 court filing, Van Grack said the government "has complied, and will continue to comply, with its discovery and disclosure obligations, including those imposed pursuant to Brady and the Court's Standing Order."
He insisted that the government had not "affirmatively suppressed evidence" and said the government was not "aware of any information that would be favorable and material to [Flynn] at sentencing."
In December 2017, Flynn pleaded guilty to lying to FBI agents about conversations he had with the Russian ambassador to the United States between the time when President Donald Trump won the 2016 election and when he took office. Flynn worked with the campaign and was Trump's national security adviser before he was let go after just 24 days.
Flynn's case remains stalled, as his sentencing hearing has been pushed back several times.
Other newly released material pertaining to Flynn's case showed that notes from his interview with agents were edited multiple times.
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