The judge who presides over retired Lt. Gen. Michael Flynn's court case has ruled that the Justice Department must give sworn statements to verify the exhibits are valid that it presented during a motion to dismiss earlier this year, according to the Washington Examiner.
That move may push the case beyond the Nov. 3 presidential election.
Since May, Judge Emmet Sullivan has obstructed efforts from the Justice Department to dismiss the criminal charges against Flynn. The department said it accidentally presented sticky notes with estimated dates taped to handwritten notes by former FBI special agent Peter Strzok and former FBI Deputy Director Andrew McCabe. That presentation was a part of a discovery process by Jeffrey Jensen, U.S. Attorney for the Eastern District of Missouri.
''The government has not provided a declaration attesting that the Exhibits are true and correct copies,'' Sullivan said. ''The government is HEREBY ORDERED to file … a declaration pursuant to penalty of perjury … in support of its motion to dismiss that the Exhibits attached to its motion and supplement are true and correct copies. It is FURTHER ORDERED that the government shall provide transcriptions of all handwritten notes contained in the Exhibits.''
Flynn's attorney Sidney Powell responded to the ruling, saying, ''DOJ is not the problem here. This is another stall tactic from an impossibly biased judge.'' Flynn’s lawyers argued earlier this month that Sullivan’s ''increasingly hostile and unprecedented words and deeds in what has become his own prosecution of General Flynn mandate his disqualification.''
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