The government is arguing that they have not accused Flynn of being a Russian which renders the document irrelevant.
Former national security adviser Michael Flynn’s legal team charged in court Tuesday that the Department of Justice cleared Flynn of being a Russian agent in a memo as far back as January 2017 — but that prosecutors still haven't produced the document.
The claim came as Flynn's lawyers said in a status conference in a Washington, D.C., courthouse that they are now seeking to have the case against him thrown out, accusing the prosecution of "egregious conduct and suppression” of possibly exculpatory evidence.
“We've ... learned that there was a letter dated January 30th, 2017, or an internal memo from the Department of Justice, that completely exonerates Mr. Flynn of being an agent of Russia, and that document has not been produced to us yet," lawyer Sidney Powell said, according to a transcript of Tuesday's hearing obtained by Fox News.
Powell continued: "So they had a lot of information that they didn't disclose. They also have knowledge of a letter from the British Embassy that completely discredits [Trump dossier author] Christopher Steele and undoes the whole Steele dossier debacle."