Fox News contributor Andrew McCarthy discusses a former judge arguing the Department of Justice shouldn’t dismiss former National Security Adviser Michael Flynn’s case due to alleged perjury.

Newly uncovered notes penned by former FBI agent Peter Strzok were obtained this week as part of the Justice Department’s ongoing review of the case against former national security adviser Michael Flynn and turned over to his legal team for review, Fox News has learned.

Flynn’s counsel, Sidney Powell, upon reviewing the new documents, claimed to Fox News they “further exonerate” Flynn.


Fox News obtained a “notice of discovery correspondence” between acting U.S. Attorney Michael Sherwin and the U.S. District Court for the District of Columbia on Tuesday, along with a letter from Sherwin to Powell and Flynn attorney Jesse Binnall.

“As we have previously disclosed, beginning in January 2020, the United States Attorney for the Eastern District of Missouri [EDMO] has been conducting a review of the Michael T. Flynn investigation,” Sherwin and assistant U.S. Attorney Jocelyn Ballantine wrote. “The enclosed document was obtained and analyzed by USA EDMO during the course of its review.”

“This page of notes was taken by former Deputy Assistant Director Peter Strzok,” they continued. “While the page itself is undated; we believe that the notes were taken in early January 2017, possibly between January 3 and January 5.”

They added: “These materials are covered by the Protective Order entered by the Court on February 21, 2018; additional documents may be forthcoming.”

Fox News has not reviewed the newly uncovered documents.

Powell told Fox News she could not share the contents of the documents due to the protective order, but confirmed that she received nearly two pages of hand-written notes, which were heavily redacted.

“The few notes produced today do further exonerate General Flynn,” Powell told Fox News Tuesday.


The new documents come as the Justice Department (DOJ) and Flynn’s lawyers continue to fight to try to get the case against him dismissed before a judge who is considering it.

Flynn pleaded guilty in 2017 to making false statements to the FBI about his communications with Russia’s ambassador, but his legal team later sought to withdraw his plea.

The Justice Department last month moved to drop its case against Flynn “after a considered review of all the facts and circumstances of this case, including newly discovered and disclosed information,” as the department put it.

DOJ officials said they concluded that Flynn’s interview by the FBI was “untethered to, and unjustified by, the FBI’s counterintelligence investigation into Mr. Flynn” and that the interview was “conducted without any legitimate investigative basis.”

The federal judge overseeing the case would have to make the final determination to dismiss it.

“Through the course of my review of General Flynn’s case, I concluded the proper and just course was to dismiss the case,” U.S. Attorney for the Eastern District of Missouri Jeff Jensen said in a statement last month. “I briefed Attorney General Barr on my findings, advised him on these conclusions, and he agreed.”

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