The Constitution requires the prosecution, which would otherwise have a substantial advantage in criminal cases, to disclose all of their evidence to defendants before trial.
Every jurisdiction, from the federal to the state level, has discovery rules compelling prosecutors to do so – this includes evidence favorable to the defendant.
However, Sidney Powell, who began her career as the youngest United States Attorney in the country and has since spearheaded more than 500 appeals, argues Robert Mueller’s office destroyed evidence and obstructed justice. (RELATED: Did Mueller Withhold Critical Detail That’ll Exonerate Trump?)
Per The Daily Caller:
From the minute Judge Emmet G. Sullivan received the case against Lt. Gen. Michael Flynn, which will be decided on Tuesday, he ordered Mueller to provide the defense with all Brady material. Last week, Judge Sullivan specifically ordered Mueller to produce any FBI interview reports — called 302s — or memoranda relevant to the original interview of Gen. Flynn. Ironically, Iowa Sen. Chuck Grassley has been requesting the agents’ notes and 302s for two years. Did Mueller comply?
Remarkably, but not surprisingly to those who have read my book, Mueller has thumbed his nose at Judge Sullivan’s order. He produced only a 302 created by his own squad seven months later from his own agent’s interview of none other than the infamous, fired-for-bias, disgraced, Trump-loathing, former Agent Peter Strzok — the guy who swore he’d “stop” President Trump and devised “an insurance policy” with his mistress Lisa Page and Deputy Director Andrew McCabe in case Trump won the election. We are watching Mueller execute that insurance policy by the day.
The evidence indicates Mueller has destroyed or is suppressing Brady material. There was an original 302 created within five days — by FBI protocol — of the Jan. 24, 2016 ambush interview of General Flynn by two agents — Strzok and Special Agent Joe Pientka. It is mentioned in the Strzok-Page text messages and on page four of the recrafted 302 Mueller filed. Comey read the original 302 before he was fired.
It existed — as Grassley well knows. It was written by Agent Pientka, who also took extensive handwritten notes, whose name is redacted from Mueller’s filing, and who seems to have disappeared. Where are the original 302, his notes, and where is Agent Pientka? Grassley has been trying to get access to all three for almost two years.
Even worse, the Justice Department’s Inspector General reported last week that Mueller wiped disgraced FBI agent Peter Strzok’s cell phone of thousands of relevant text messages while he worked for the special counsel’s office. The IG couldn’t recover any text messages from it.