https://thehill.com/opinion/judiciary/495366-something-seems-rotten-in-flynns-case-
The prosecution of Michael Flynn was rocked last Friday by the disclosure of new exculpatory information, leading to speculation that the exoneration of President Trump’s first national security adviser could be imminent. That would be an amazing reversal, since Flynn pleaded guilty in 2017 to lying to FBI agents and, later, declined a federal judge’s invitation to withdraw that plea — reaffirming his admission of guilt. (Flynn has since sought to vacate the plea; the court has not yet ruled.)
The Department of Justice’s letter to Sidney Powell, Flynn’s current lawyer who has persisted for months to pry exculpatory evidence from DOJ, indicates that further revelations may be forthcoming. For now, the disclosure has two salient aspects.
The first involves the factual basis for the Obama-era FBI’s investigation of Flynn — or, rather, the lack of a basis. Under federal law, a false statement made to investigators is actionable only if it is material to the matter under investigation. If there was no basis to believe Flynn had committed a crime, his counsel could have argued that any false statements allegedly made by Flynn when he was questioned in January 2017 were immaterial. Ergo, Ms. Powell contends that the withholding of this information violated the government’s duty to disclose exculpatory evidence.