The effort by Donald Trump, Attorney General Bill Barr, and their henchmen to drop the government's perjury case against former national security adviser Michael Flynn has turned into an epic display in abuse of power.
During a hearing Tuesday, Flynn lawyer Sidney Powell finally admitted under tough questioning that she had directly briefed Trump and one of his campaign attorneys on the case two weeks ago, and she requested that Trump not issue Flynn a pardon, according to Politico.
“I can tell you I spoke one time to the president about this case to inform him about the general status of this litigation,” Powell said.
Absolutely nothing good can come from Trump (or his campaign attorney) getting briefed directly on the defense of a former deputy and central figure in the Russia investigation whom Trump has been desperate to exonerate for years. One of the chief reasons Trump fired former FBI Director James Comey in early 2017 was precisely because he wouldn’t go easy on Flynn at Trump’s urging.
But Trump's current Justice Department, under Barr's tutelage, is now doing everything possible to drop the case even though Flynn pleaded guilty twice in a court of law to the perjury charges before he ultimately changed his representation and Barr sought to dismiss the charges on a fabricated technicality. In fact, Barr’s renewed interest in the case came after Powell directly sent him a letter in 2019 requesting that he change out the prosecutorial team on the case.
But U.S. District Court Judge Emmet Sullivan didn't seem to be having any of it on Tuesday, affirming that to his mind, “The sentencing has already commenced in this case.” In fact, Sullivan agreed to delay sentencing during the original hearing in December 2018 so Flynn could further cooperate with federal prosecutors and perhaps secure a lighter sentence. Once Justice Department lawyers pulled a 180 and sought to dismiss the charges, Sullivan appointed a former federal judge, John Gleeson, to review the case and recommend a way forward under almost unprecedented circumstances. Gleeson ultimately concluded that the department's bid to toss Flynn's conviction was "corrupt" and "politically motivated," and it should be denied "because there is clear evidence of a gross abuse of prosecutorial power."
But at Tuesday's hearing, federal prosecutor Kenneth Kohl assured Judge Sullivan the dismissal request was made for the "right reasons," adding, “We’re completely unafraid to get in the weeds and address the specifics as to why we thought we needed to dismiss this case."
Kohl then argued that the main witnesses in the case—Peter Strzok, Joe Pientka, Andrew McCabe—were all too flawed to be credible. Of course, all three men, and particularly Strzok and McCabe, have been the subjects of an ongoing Trump smear campaign for years now. So in essence, the Justice Department is now using a rationale for dismissal that at least partially hinges on Trump's politically motivated character assassinations.
Gee, that doesn't sound fishy.
Furthermore, Politico writes, "While Kohl touted his credentials as a career department prosecutor, his critique of the FBI and special counsel Robert Mueller’s team sounded like the litany of complaints one might hear on a Fox News prime-time broadcast. He treated as fact individual opinions of agents and analysts — revealed in recently disclosed internal messages — and interpreted ambiguous messages in the most damning light for FBI investigators pursuing the case against Flynn."
Kohl's clearly the man for job, but for none of the "right reasons," to borrow a phrase.
But during the four-hour proceeding, Powell really distinguished herself by accusing Judge Sullivan of "a hideous abuse of power" for his unwillingness to toss the case as she moved to disqualify Sullivan.
“I want to make that motion right now, your honor,” Powell said.
“Put it in writing,” Sullivan responded.
Former Judge Gleeson, the court-appointed amicus curiae, urged Sullivan to proceed with the case. “If the executive wants to take Michael Flynn off the hook, he can pardon him,” he said.
But that pardon is clearly something Flynn is trying to avoid having on his record since Powell admitted counseling Trump against it. Taking such an action also appears to be an electoral consideration for Trump, whose campaign attorney was weirdly present for his briefing with Powell.
Gleeson is obviously saying: Make Trump do it if Flynn's exoneration is so important to him. But don't let Flynn off scot-free through Barr's bogus gambit to do Trump's personal bidding.
from Daily Kos https://ift.tt/3jirtur
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