Sidney Powell, attorney for Michael Flynn, appeared on Fox News yesterday to discuss the latest actions by Judge Emmet Sullivan. If you aren’t aware of his latest machinations, he’s essentially stalling on approving the motion to dismiss put forth by the DOJ, instead appointing a rabid partisan to argue against it. Not only is that almost unheard of, he’s also asking for amicus briefs from political actors in a criminal case, another move that is not only twilight zone stuff, but likely not even allowed.
In the interview with Sean Hannity, Powell described herself as being mystified by Sullivan’s gamesmanship.
(Go to 22:30 if the clip doesn’t automatically cue)
Ironically, Powell has spoken highly of Judge Sullivan in the past, leaving her more perplexed as to why he would behave this way. As she continues in the interview, she points out that there have been numerous Brady violations against her client, that the government was shown to have lied about document production, and that both sides are asking for this to be dismissed. There is no logic behind Judge Sullivan’s gambit to continue to persecute Flynn.
That leaves only one real possibility, one which Powell obviously can’t speak to right now because it could endanger her client. Namely, that Judge Sullivan is simply a partisan hack making political moves to damage Flynn and Trump before finally capitulating and granting the motion to dismiss. If anyone’s got a counter explanation, I’m all ears.
Regardless, Powell did appear on another Fox News show later that night and gave more context and some next steps.
As she says, Judge Sullivan is in direct defiance of several precedents, including one recently set by the Supreme Court (written by Justice Ginsberg, no less). Powell also revealed that they are working on several motions that use those precedents and decisions as a basis to stop this nonsense. That’s likely what we’ll see in the next few days. If the judge continues to ignore the fact that he’s clearly violating the law, then this will almost certainly end up fixed by an appeals court. It’s so ludicrous that I don’t even think it has to make its way to the Supreme Court before Judge Sullivan is slapped down.
What we’ve seen here is an abuse of the justice system that can’t stand. Even though it’s a foregone conclusion that Flynn ends up a free man here, something needs to happen to this judge for what he’s done and continues to try to do. We can not continue to operate like this and still claim to have a system that’s blind. Currently, we don’t – Period.