Explosive, newly unsealed evidence documenting the FBI’s efforts to target national security adviser Michael Flynn — including a top official’s handwritten memo debating whether the FBI’s “goal” was “to get him to lie, so we can prosecute him or get him fired” — calls into question whether Brandon Van Grack, a Justice Department prosecutor and former member of Special Counsel Robert Mueller’s Team, complied with a court order to produce favorable evidence to Flynn.
Since February 2018, Van Grack has been obligated to comply with D.C. District Court Judge Emmet G. Sullivan’s standing order in the Flynn case to produce all evidence in the government’s possession “that is favorable to defendant and material either to defendant’s guilt or punishment.”
The order also requires the government to submit favorable defense evidence to the court, including possible “impeachment evidence” that could undermine witnesses, even if the government believes the evidence “not to be material.”
Van Grack has long informed Sullivan that the government’s so-called “Brady” obligations, referring to prosecutors’ duty to turn over exculpatory materials to defendants, have been met. In an October 2019 filing, Van Grack denied governmental misconduct and assured the court that 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.”