In an exclusive opinion editorial published in the Daily Caller Friday afternoon, Sidney Powell, a former federal prosecutor, wrote that the assignment of a new judge in the case against General Michael Flynn offers the perfect opportunity for Flynn to withdraw his guilty plea and the whole case to be dismissed.
Powell wrote that more more evidence appears each day confirming that Flynn should have never been prosecuted, and that Judge Emmet G. Sullivan is “one judge who is ready, willing and able to hold Mr. Mueller accountable to the law and who has the wherewithal to dismiss the case against General Flynn — for egregious government misconduct — if Mueller doesn’t move to dismiss it himself.”
Powell’s op-ed continues:
It was Judge Rudolph Contreras who accepted General Flynn’s guilty plea, but he suddenly was recused from the case. The likely reason is that Judge Contreras served on the special court that allowed the Federal Bureau of Investigation to surveil the Trump campaign based on the dubious FISA application. Judge Contreras may have approved one of those four warrants.
The judge assigned to Flynn’s case now is Emmet G. Sullivan. Judge Sullivan immediately issued what is called a “Brady” order requiring Mueller to provide Flynn all information that is favorable to the defense whether with respect to guilt or punishment. Just today, Mueller’s team filed an agreed motion to provide discovery to General Flynn under a protective order so that it can be reviewed by counsel but not disclosed otherwise.
This development is huge. Prosecutors almost never provide this kind of information to a defendant before he enters a plea — much less after he has done so. This is one of myriad problems in our justice system. As Judge Jed Rakoff wrote several years ago, people who are innocent enter guilty pleas every day. They simply can no longer withstand the unimaginable stress of a criminal investigation. They and their families suffer sheer exhaustion in every form — financial, physical, mental, and emotional. Add in a little prosecutorial duress — like the threat of indicting your son — and, presto, there’s a guilty plea.
Further, Powell added in Flynn’s defense:
Since Flynn entered his guilty plea, we’ve learned that information Mr. Comey leaked deliberately to “trigger” Robert Mueller’s entire investigation was classified. Also, FBI agents Peter Strzok, Lisa Page and Deputy Director Andrew McCabe were working on an “insurance policy” to protect the country against a Trump presidency. It seems plausible that this “insurance policy” included the appointment of a special prosecutor.
Indeed, the bases for throwing out everything Robert Mueller has touched grow exponentially as more truth finds sunlight.