The question is whether Michael Flynn was affected by efforts to get Trump, and whether Judge Sullivan will keep him from reviewing the evidence that could prove prosecutorial misconduct.
On Thursday, two docket entries in the criminal case against Michael Flynn provided a roadmap to the next steps in the case that took a surprise turn last week. As I reported earlier this week, while Americans prepared for the long Labor Day weekend, lawyer Sidney Powell, who had taken over Flynn’s defense in June, hit federal prosecutors with a motion to compel evidence and a request for sanctions for prosecutorial misconduct.
In her motion, Powell charged that government attorneys withheld potentially exculpatory evidence from Flynn, whom had pleaded guilty in late 2017 to lying to FBI agents. In a status report filed the same day, Powell also complained that the government had refused to grant her a security clearance to allow her to review pertinent evidence, and she sought presiding judge Emmett Sullivan’s intervention.
Yesterday, Judge Sullivan “held an ex parte and sealed hearing with Mr. Flynn and defense counsel to consider Mr. Flynn’s request for the Court’s intervention on counsel’s request for security clearances.” An ex parte hearing is one in which one or more parties are absent, which here would mean the prosecutors did not participate in the hearing. Because the hearing was sealed, a transcript is not publicly available, and Powell is prohibited from commenting on the proceedings.
However, the docket order stated the bottom line: “The Court advised counsel that it intends to resolve [Flynn’s] Motion to Compel Production of Brady Material before addressing any Court intervention regarding security clearances for Mr. Flynn’s counsel.” READ MORE…