A federal judge pressed Sidney Powell, the lead lawyer for Michael Flynn, about her contacts with President Donald Trump and whether she had urged him or Attorney General William Barr to take any actions to influence the ongoing case
Sullivan has exhibited deep skepticism about the bid by the Justice Department and Flynn to shut down the prosecution despite the guilty plea the former Trump adviser entered nearly three years ago — to the point where he bucked DOJ’s demand for an immediate dismissal and tapped a retired judge, John Gleeson, to advise him on how best to proceed.
The import of the judge’s view of sentencing as being in progress wasn’t entirely clear, but it suggested that he viewed as extraordinary the government’s decision to abandon the case. The statement might also have been a sign that Sullivan could be open to Gleeson’s proposal that the court proceed with sentencing Flynn despite the unified view of prosecution and defense that the charge should be thrown out.
In his lengthy rundown on the case, Sullivan asserted that Flynn “elected not to fully cooperate with the government” and that his failure to cooperate led to him being dropped as a witness at the trial where he was expected to testify last summer. But Flynn’s lawyers have maintained that he did cooperate and that prosecutors scratched his testimony after he refused to “lie” as part of their case.
Kohl said the case would be all but impossible for the government to take to trial because of credibility problems related to both of the FBI agents present during Flynn’s alleged lies during the January 24, 2017 interview that gave rise to the case, as well as the deputy director of the FBI at the time, Andrew McCabe.
In its arguments in recent months, Flynn’s defense has taken an increasingly hostile tone toward the Clinton-appointed judge, mounting an unsuccessful effort to remove him from the case and accusing him of abetting the alleged misconduct by investigators.
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