Flynn attorney Sidney Powell files brief to dismiss guilty plea over ‘egregious misconduct’ by government

'It's been one atrocity after another'

By Jon Dougherty

(TNS) In a case that typifies the existence of the deep state, former federal prosecutor-turned-whistleblower Sidney Powell has filed a motion in federal court to dismiss the case against her client, President Trump’s first national security adviser, Michael Flynn.

Citing the federal “government’s outrageous conduct and repeated Brady violations,” Powell argues that from the outset, her client was set up by anti-Trump factions as part of the “Spygate” counterintelligence probe that was based on a hoax “dossier” written by a former British spy, Christopher Steele, and paid for by the campaign of Trump’s 2016 rival, Hillary Clinton.

As Sara A. Carter reports:

The 19- page brief submitted by Flynn’s attorney Sidney Powell comes on the heels of the appointment by Attorney General William Barr of Chief federal prosecutor from St. Louis, Jeffrey Jensen, to review the ongoing case against Flynn. According to reports, an official with the DOJ, said Jensen was selected weeks ago by Barr and is expected to review issues  raised by Flynn’s defense team.

“We hope the government will seriously consider this brief and our prior briefing from the independent perspective Mr. Jensen can provide, and take the steps to remedy this injustice and restore Rule Of Law,” Powell told Carter.

On Monday we cited reports noting that Barr had agreed to reexamine special counsel Robert Mueller’s case against Flynn.

Powell sent a ‘secret letter’ to Barr last summer laying out her client’s case, how it was brought about, and all of the legal and procedural problems associated with it, the Washington Times reported on Sunday.

The paper reported that it was Powell’s idea for Barr to appoint someone outside of the initial case against Mueller and outside of the Washington bubble:

In her first paragraph, Ms. Powell requested an outside auditor not associated in any way with former special counsel Robert Mueller’s team. She argued that Mr. Mueller’s lawyers threatened Flynn’s son with prosecution to persuade the retired officer to plead guilty to lying to the FBI.

“We request the appointment of new government counsel with no connection to the Special Counsel team of attorneys or agents to conduct review of the entire Flynn case for Brady material that has not been produced and prosecutorial misconduct writ large,” Powell wrote.

Recall that Flynn was forced to resign barely three weeks into the new administration, in February 2017, for allegedly being disingenuous with Vice President Mike Pence regarding a conversation the retired three-star had with Russia’s top diplomat in the U.S. the previous December.

He withdrew his guilty plea in January, under Powell’s direction, then, perhaps not so surprisingly, the federal judge in the case, Emmet Sullivan, postponed Flynn’s sentencing.

Fox News reported:

Flynn originally was scheduled to be sentenced Jan. 28 in a D.C. federal court, but Judge Emmet Sullivan bumped the date back to Feb. 27 after the latest development. If Sullivan ultimately allows Flynn to withdraw his guilty plea, the sentencing likely would be abandoned and the case could head to trial.

Flynn’s move on Tuesday to withdraw his guilty plea came just days after the Justice Department reversed course to recommend up to six months of prison time in his case, alleging he was not fully cooperating or accepting responsibility for his actions.

Therein likes the root of the government’s misconduct, Powell argues.

Carter adds:

Jensen’s role will be a crucial part of Flynn’s overall case and accusations that prosecutors engaged in misconduct. Further, evidence revealed in the DOJ’s Inspector General’s report regarding Flynn substantiates concerns brought forth by Powell that her client was forced into pleading guilty and that information has been knowingly withheld by prosecutors from the defense.

Flynn, who originally pleaded guilty in 2017 to one count of lying to the FBI, withdrew his guilty plea in mid-January, stating to the court that he was coerced into the plea by the prosecutors who threatened they would retaliate by going after his son, Michael Flynn Jr., who had previously worked with him at his former business, the Flynn Intel Group.

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In November, 2017 Flynn, who had pled guilty to making a false statement to the FBI, signed a plea agreement with the government that, “so long as Gen. Flynn met the terms of cooperation set forth in the plea—which required TRUTHFUL testimony—the government would file a departure motion with the court,” said Powell in a statement given to Carter.

“It’s been one atrocity after another,” Powell added during an Fox News’ “Hannity” last month. “The recent sentencing note is full of lies.”



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