The federal judge assigned to the criminal case against Trump’s former National Security Adviser Michael Flynn has ordered Special Counsel Robert Mueller to turn over any “exculpatory evidence” to Flynn’s defense team.
Oddly, however, Flynn’s legal team did not make this request. Instead, Judge Emmet G. Sullivan issued the order “sua sponte,” or at his discretion, invoking the “Brady Rule” – which requires prosecutors to turn over previously unfiled evidence that might have a material impact on a defendant’s case. Interestingly, two days before the order Mueller filed a motion for an agreed-upon protective order regarding the use of evidence in the case, including “sensitive materials,” provided to Flynn’s lawyers by the office of the Special Counsel.
As The Hill notes, Sullivan dinged federal prosecutors in the trial of former Sen. Ted Stevens (R-AK) for misconduct in failing to turn over exculpatory evidence.
Judge Andrew Napolitano addressed Sullivan’s decision on Tuesday, saying The judge on his own, not in response to any application from General Flynns lawyers says, “By the way, I want all exculpatory evidence, evidence that could help Flynn or hurt the government turned over to Flynns lawyers.” – READ MORE
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