Ex-Judge: ‘If General Flynn Was Not Aware Strzok Was Removed for Bias – Case Can Be Dismissed Due to Giglio Violation’

Glenn Harlan Reynolds is Beauchamp Brogan Distinguished Professor of Law at the University of Tennessee College of Law, and is known for his weblog, Instapundit, an American political weblog.

This afternoon Reynolds posted this comment from a former judge and reader on the General Michael Flynn arrest and plea deal, according to The Gateway Pundit.

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Glenn believes this was a flawed investigation because General Michael Flynn was not notified that the main witness against him was removed from the investigation for bias. If General Flynn was not aware of this it is Giglio violation.

Via Instapundit:

A READER WHO IS A FORMER PROSECUTOR AND JUDGE EMAILS:

Did the prosecution tell Flynn’s lawyer that their main witness against him was removed for bias? Since Strzok led the interview and his testimony would be needed to establish untruthfulness, he is a critical witness not just a prosecutor. If not disclosed, would this not be a Giglio violation? This is the kind of misconduct that can get a case dismissed and a lawyer disbarred. It is a Constitutional violation. This has bothered me since I heard about it.

Me too.

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The Giglio versus United States case: is a United States Supreme Court case in which the Court held that the prosecution’s failure to inform the jury that a witness had been promised not to be prosecuted in exchange for his testimony was a failure to fulfill the duty to present all material evidence to the jury, and constituted a violation of due process, requiring a new trial.

This is the case even if the failure to disclose was a matter of negligence and not intent. The case extended the Court’s holding in Brady v. Maryland, requiring such agreements to be disclosed to defense counsel. As a result of this case, the term Giglio material is sometimes used to refer to any information pertaining to deals that witnesses in a criminal case may have entered into with the government.

H/t The Gateway Pundit

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