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Sidney Powell, the attorney representing former National Security Adviser Michael Flynn, tore into U.S. District Judge Emmet Sullivan following a court appearance Tuesday and pledged to file a petition seeking his removal from the case.
Powell, who has been attempting to convince Sullivan to dismiss Flynn’s case after the Justice Department informed his court earlier this year it was dropping charges against him, also accused the Clinton appointee of playing politics instead of following precedent and basing his decision on mounds of exculpatory evidence.
In an interview with Fox Business Network’s Lou Dobbs, Powell discussed what the host described as her “confrontation” with Sullivan during tense back-and-forth in his courtroom.
“General Flynn is now being clearly persecuted by the court,” Powell said of her retired Army lieutenant general client, who also led the Defense Intelligence Agency for nearly three years under President Obama, who has just been implicated in the ‘Russian collusion’ hoax that led to Flynn’s FBI entrapment.
Powell said that, to her, it’s become clear Sullivan is “taking up the mantle” of others who have sought to persecute and prosecute Flynn, including Obama as well as former FBI counterintelligence official Peter Strzok and FBI Deputy Director Andrew McCabe, both of whom were fired by the Trump administration.
After Dobbs noted that Powell accused Sullivan directly of political bias during the hearing, she said he “pretty much shut me down” as has done in previous hearings.
“We will be filing a motion to disqualify him because the comments he made today reflect pure political ambition in continuing the prosecution of Gen. Flynn,” she continued.
“It was absolutely appalling. It was nothing short of stunning. I would have thought we were in a third-world country where political prosecutions are commonplace,” she added.
Justice Department officials argued in May that evidence had been found indicating the FBI set Flynn up in a perjury trap and that the bureau had no predication to go after Flynn in the first place.
In June, a three-judge federal appeals court panel ordered Sullivan to dismiss Flynn’s case after he instructed the Justice Department to defend its decision to drop the case.
But in August, the full D.C. Circuit Court of Appeals ruled 8-2 to deny Flynn’s motion to dismiss, while also rejecting efforts to remove Sullivan from the case over allegations of bias.
In her interview with Dobbs, Powell ripped Sullivan for ignoring evidence she has produced, including documents obtained by the government, that exonerates Flynn.
“They have gone after him hammer and tong. No amount of evidence that has been produced would dissuade them,” she said. “In fact, the way they wealth with that was to simply pretend that it did not exist.
“It was obvious Judge Sullivan had not even read the multiple exculpatory filings that had been submitted to him,” Powell continued. “He clearly didn’t know that [Flynn’s first guilty] plea was void because Judge [Rudolph] Contreras had to be recused” due to his personal friendship with Strzok.
Powell went on: “This is the most egregious and appalling obstruction of justice, abuse of power, conspiracy, and everything else you can think of, and add to that [Director of National Intelligence] John Ratcliffe’s letter [Tuesday] to [Sen.] Lindsey Graham (R-S.C.) and it’s clear who was behind” entrapping Flynn.
“It’s all tying together now,” she added.
Powell also said she was “appalled” that there have not been more indictments from U.S. Attorney John Durham, who was assigned by Attorney General William Barr to look into the origins of the FBI’s investigation into the 2016 Trump campaign.
“I’m appalled we have no indictments yet from Mr. Durham as long as this has gone on and as much evidence has been apparent,” Powell, a former federal prosecutor, said. “There could have been significant charges brought, certainly several months ago.”
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