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Sidney Powell, the attorney for former National Security Adviser Michael Flynn, called his case an “absolute appalling travesty” and vowed to immediately take it to the U.S. Supreme Court if a lower court does not dismiss it as the Justice Department has requested.
Powell, a former federal prosecutor, told Fox Business Network’s Lou Dobbs Thursday that she has filed a motion with a federal court to get her client’s case dismissed but said she’s more than willing to take it all the way to the top if need be.
Noting that the Justice Department “originally moved to dismiss” the retired Army lieutenant general’s case May 7, she said that “100-page filing … included 80 pages of exculpatory evidence not previously produced to the defense.”
“It shows Gen. Flynn is innocent, there was no crime ever by him, and the government made up the basis to, quote, investigate him and everything else,” Powell said, adding that the exculpatory evidence shows the FBI fabricated information contained in an interview with her client, which took place before President-elect Donald Trump took office in early January 2017.
At issue is a string of bizarre, highly unorthodox rulings by U.S. District Judge Emmet Sullivan, a Clinton appointee who was assigned Flynn’s case in December 2017 after the former DIA director pleaded guilty to one count of lying to the FBI.
Instead of honoring the Justice Department’s request to drop the case, which was made after a U.S. attorney in Missouri presented evidence to Attorney General William Barr that the bureau had set up Flynn, Sullivan asked a retired federal judge to argue against the dismissal.
In addition, Sullivan elicited outside commentary regarding Flynn’s case and tasked New York-based U.S. District Judge John Gleeson “to recommend whether Flynn should face a criminal contempt charge for perjury — apparently for declaring under oath at two different court proceedings that he was guilty of lying to the FBI, before he reversed course in January and claimed he had never lied,” according to Politico.
For her part, however, Powell said the entire prosecution of Flynn was unwarranted to begin with.
“It’s been a disaster from the get-go that never should have been brought as a prosecution, much less as an investigation,” she told Dobbs. “Now we have an additional 40 pages of documents just produced to us by the government…finally pried out of the FBI…and it shows even more evidence that the agents knew they were making it up to the point that they sought professional liability insurance for themselves realizing they would be sued if anybody ever found this.”
“[W]e all went and purchased professional liability insurance,” one agent texted on Jan. 10, 2017, the same day CNN published a story claiming that President-elect Trump had been briefed by then-FBI Director James Comey about the discredited dossier by Christopher Steele.
“Holy crap,” an agent responded in an email, as first reported by The Federalist. “All the analysts too?”
“Yep,” the first agent noted. “All the folks at the Agency as well.”
“[C]an I ask who are the most likely litigators?” an agent asked. “[A]s far as potentially suing y’all[?]”
“[H]aha, who knows….I think [t]he concern when we got it was that there was a big leak at DOJ and the NYT among others was going to do a piece,” the first agent replied.
Noted Powell: “It’s one comment after another that they knew they were playing with Gen. Flynn’s life. And they did that and have done that for four years.”
Should Sullivan fail to immediately dismiss Flynn’s case “with prejudice” after her most recent filing, Powell said her next course of action is clear.
“If he doesn’t, the Supreme Court will because it’s an absolutely appalling travesty of justice,” she said.
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