ZitatSidney Powell, the lead lawyer for former Trump adviser Michael Flynn, went scorched earth on the federal judge presiding over the case, accusing him of bias and improper conduct in harsh terms.
“Judge Sullivan’s increasingly hostile and unprecedented words and deeds in what has become his own prosecution of General Flynn mandate his disqualification from further participation in these proceedings and the referral of his conduct to the D.C. Circuit Judicial Council,” said Powell, a former federal prosecutor, in the Oct. 7 motion to disqualify District Judge Emmet Sullivan (pdf).
Flynn pleaded guilty in 2017 to lying to FBI agents. In January, he asked the judge to allow him to withdraw the plea, saying he only signed it because prosecutors threatened his son, and his lawyers gave him bad advice due to a conflict of interest. The Department of Justice (DOJ) dropped the case in May after an internal review unearthed evidence suggesting the FBI agents were trying to catch the retired three-star Army general in a lie.
Sullivan responded by appointing former federal Judge John Gleeson as an amicus curiae (friend of the court) to argue against the dismissal and to determine whether Flynn should be charged with contempt of court for walking back his plea.
A three-judge panel of the District of Columbia appeals court ordered Sullivan to accept the case dismissal in June, but he appealed for a rehearing before the full court, which reversed the panel decision and sent the case back to Sullivan on Aug. 31.
Sullivan held a hearing on the case on Sept. 29, where he got into several tense exchanges with Powell.
The hearing “reeked of the court’s bias” and “it was apparent that the court was desperate to find something wrong,” Powell said
Sullivan questioned whether the decision to drop the case was motivated by President Donald Trump’s criticism of the Flynn prosecution on Twitter. He also questioned the “propriety” of Powell’s letter to Attorney General William Barr last year, where she explained her concerns about the case and asked Barr to drop it or assign it to new prosecutors. He asked Powell whether she talked about the case with Trump.
“His antipathy for defense counsel Sidney Powell was evident as he grasped at straws in his attempt to create a false narrative of the case itself, conjure up the political bias he and his amicus claim motivated the dismissal motion, and manufacturing non-existent ethical issues,” Powell said.