iLOL
Still laughing at your stupid posts.
-snip-
Where'd you run off, to?
DOJ not only made a slew of new errors in their "authentication" of the documents in the Mike Flynn case, but they admitted that they lied when the called Bill Barnett's interview report a 302, which raises questions about its regularity.
www.emptywheel.net
"..DOJ submitted multiple versions of the same document with different Bates stamps, in others, when they resubmitted exhibits they retained the Bates stamp. That’s … not a legal process reflecting any
regularity.
DOJ STILL PRETENDS TO HAVE NO ****ING CLUE ABOUT DOCUMENTS THEY RELIED ON IN THE MOTION TO DISMISS"
EAD Brown's fling, in response to Sullivan's order...
Docket for United States v. FLYNN, 1:17-cr-00232 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information.
www.courtlistener.com
Judge Sullivan's order :
Docket for United States v. FLYNN, 1:17-cr-00232 — Brought to you by the RECAP Initiative and Free Law Project, a non-profit dedicated to creating high quality open legal information.
www.courtlistener.com
Oct 23, 2020
MINUTE ORDER as to MICHAEL T. FLYNN. During the Sept 29, 2020 motion hearing,
the Court informed the government that it would need government counsel to authenticate documents filed with the Court. See Hr'g Tr., ECF No. 266 at 91:19-92-21; see also Min. Order (Sept. 29, 2020) (ordering the parties to file any supplemental materials by no later than October 7, 2020). On October 7, 2020, the government filed 259 Notice of Compliance in which it stated that: (1) Federal Bureau of Investigation ("FBI") agents assigned to review Mr. Strzok's notes had placed sticky notes on the document with estimated dates, and the sticky notes had not been removed prior to scanning the documents for production purposes (see ECF Nos. 248-2, 248-3); and (2) a sticky note with an estimated date had been placed on the notes of Andrew McCabe, and the sticky note had not been removed prior to scanning the document for production purposes (see ECF No. 248-4).
The government stated that the notes of Mr. Strzok and Mr. McCabe were otherwise unaltered, and it provided the unaltered versions of Mr. Strzok's and Mr. McCabe's notes. See Exs. to Notice of Compliance, ECF Nos. 259-1, 259-2, 259-3. However, the government did not address the Court's authentication request despite the government's acknowledgement that altered FBI records have been produced to Mr. Flynn and filed on the record in this case. See Notice of Compliance, ECF No. 259. The government has filed a motion to dismiss pursuant to Federal Rule of Criminal Procedure 48(a),
has attached 13 Exhibits to that motion, and has cited the Exhibits throughout its motion
to support its description of the factual background and its argument in support of dismissal. See generally Mot. Dismiss, ECF No. 198. The government has also filed a supplement to its motion and attached an Exhibit to that supplement. Suppl., ECF No. 249. Although the government relies heavily on these 14 Exhibits,
the government has not provided a declaration attesting that the Exhibits are true and correct copies. "The presumption [of regularity] applies to government-produced documents" and "to the extent it is not rebutted--requires a court to treat the government's record as accurate." Latif v. Obama, 666 F.3d 746, 748, 750 (D.C. Cir. 2011).
Here, however, the government has acknowledged that altered FBI records have been produced by the government and filed on the record in this case. See Notice of Compliance, ECF No. 259. Accordingly, the government is HEREBY ORDERED to file, by no later than Oct 26, 2020, a declaration pursuant to penalty of perjury under 28 U.S.C. sec. 1746 in support of its motion to dismiss that the Exhibits attached to its motion and supplement are true and correct copies. It is ..ORDERED that the government's declaration shall identify each exhibit by name, date, and author. It is ..ORDERED that the government shall provide transcriptions of all handwritten notes contained in the Exhibits. The government has also filed on the record in this case numerous notices of filing discovery correspondence and Mr. Flynn has generally filed the discovery produced on the record in this case as Exhibits to his supplementary filings. See ECF Nos. 228, 231, 237, 248, 251, 257, 264 . The government has acknowledged that the discovery provided to Mr. Flynn and thereafter filed on the record contained altered FBI records. See Notice of Compliance, ECF No. 259. Accordingly, the government is HEREBY ORDERED to file, by no later than Oct 26, 2020, a declaration pursuant to penalty of perjury under 28 U.S.C. sec. 1746 that the discovery documents provided to Mr. Flynn and filed on the record in this case are true and correct copies. It is ..ORDERED that the government's declaration shall identify each discovery document by name, date, and author. It is..ORDERED that the government shall provide transcriptions of all handwritten notes contained in the Exhibits. ."