The website study.com includes the following definition of exculpatory evidence:
In Brady v. Maryland (1963), the Supreme Court held that exculpatory evidence withheld in a criminal trial can result in a re-hearing of the case. In this case, Brady was convicted for murder, and the prosecutor failed to tell a jury that another defendant, who had committed the murder with Brady, had already confessed to the killing. The court stated that the jury needed to hear that evidence because it could assist them in their decision regarding Brady. From then on, any exculpatory evidence the prosecutor or law enforcement has is called Brady material, the requirement to turn Brady material over to the defense is called the Brady rule.
Any evidence from a crime scene is subject to the Brady rule.
But what other kind of evidence is exculpatory? The law says ‘any evidence’ that tends to show innocence of the defendant is included. This can include crime scene evidence, witness testimony, DNA results, and medical records.
…The Supreme Court said that without the rule, the defendant’s due process rights would be violated. Due process comes from the 5th and 14th Amendments to the Constitution, and means that before the government can take away your liberty, it must first give the person the rights and process due to him or her under the Constitution. If the government has evidence that says you might be innocent, it would violate the fairness and impartiality of the trial process by just ignoring it and not letting the jury see it.
The concept of exculpatory evidence is going to be in the spotlight as the case against General Michael Flynn moves forward.
Yesterday John Solomon reported the following at The Hill:
For nearly two years now, the intelligence community has kept secret evidence in the Russia collusion case that directly undercuts the portrayal of retired Army general and former Trump national security adviser Michael Flynn as a Russian stooge.
And when a Democratic senator, Al Franken of Minnesota, suggested the former Defense Intelligence Agency (DIA) chief posed a “danger to this republic.”
And even when some media outlets opined about whether Flynn’s contacts with Russia were treasonous.
Yes, the Pentagon did give a classified briefing to Senate Judiciary Committee Chairman Charles Grassley (R-Iowa) in May 2017, but then it declined the senator’s impassioned plea three months later to make some of that briefing information public.
“It appears the public release of this information would not pose any ongoing risk to national security. Moreover, the declassification would be in the public interest, and is in the interest of fairness to Lt. Gen. Flynn,” Grassley wrote in August 2017.
Please follow the link to the article at The Hill to see the details, but the bottom line here is simple.
The article explains:
Rather than a diplomatic embarrassment bordering on treason, Flynn’s conduct at the RT (Russia Today) event provided some modest benefit to the U.S. intelligence community, something that many former military and intelligence officers continue to offer their country after retirement when they keep security clearances.
It’s important to wind back many months to where the Russia collusion narrative started and the media frenzy–driven suggestion that Flynn may have been on a mission to compromise America’s security and endanger this great republic when he visited Moscow.
Would the central character in a Russian election hijack plot actually self-disclose his trip in advance? And then sit through a briefing on how to avoid being compromised by his foreign hosts? And then come back to America and be debriefed by U.S. intelligence officers about who and what he saw?
And would a prosecutor recommend little or no prison time for a former general if that former military leader truly had compromised national security?
It really is time for the deep state to stop its attack on President Trump and those who have supported him. Unfortunately, now that the Democrats control the House of Representatives, we can expect to see more taxpayer dollars spent on trying to undo an election they didn’t like.