“EGREGIOUS GOVERNMENT MISCONDUCT”
(Sep. 10, 2019) — On Tuesday night, Atty. , who now represents Lt. Gen. Michael Flynn (Ret), Trump’s first national security adviser, told Sean Hannity that government prosecutors committed “egregious misconduct” in her client’s case which led to his accepting a “guilty” plea in December 2017 for lying to the FBI about his late 2016 contacts with then-Russian Ambassador Sergey Kislyak.
During the same segment, Fox News host Jeanine Pirro, a former elected district attorney, said that a January 30, 2017 memo not yet released to Powell exonerates Flynn of wrongdoing.
Powell accused former Special Counsel Robert Mueller, III and his team of prosecutors who investigated Trump-Russia “collusion” of “prosecutorial misconduct” by withholding “,” or exculpatory, material from her client’s prior legal team. Powell added that she is requesting that the entire prosecution be set aside.
She called the withholding of exculpatory evidence as “stunning” and confirmed that she has not received a copy of the January 30, 2017 memo.
Included in the misconduct, Powell, said, was Mueller’s knowledge of the “ambush” orchestrated by former FBI Director James Comey, who claimed responsibility for sending two FBI agents to speak with Flynn at the White House on January 24, 2017 in an ad-hoc interview after then-FBI Deputy Director Andrew McCabe told Flynn he did not need an attorney present.
Also discussed among the three was that after the agents interviewed Flynn, neither believed Flynn had lied.
Powell said that Mueller received an instructional “letter” from then-Deputy Attorney General Rod Rosenstein permitting him to “target” Flynn’s son for investigation, which prompted Flynn “to enter a guilty plea while they were hiding all the evidence that showed he had not been an agent of Russia…”
“The plan, at least right now, anyway, is not to withdraw the guilty plea, per se, but to have the entire prosecution dismissed because of the egregious misconduct,” Powell said.
In response to his question, Powell told Hannity she could not confirm that he was “over the target” when he speculated that Flynn accepted the “guilty” plea as a result of prohibitive attorneys’ fees at the time and the specter of his son’s investigation by the Special Counsel’s office.
Flynn Sr. reportedly sold his home to raise money to pay his attorneys.
As Hannity pointed out, Powell, a former DOJ prosecutor herself, is of the 2014 book, “Licensed to Lie: Exposing Corruption in the Department of Justice.” Powell compared Flynn’s case to that of the late former U.S. Senator, , over which the same judge as in Flynn’s case, Emmet G. Sullivan, presided.
A hearing in federal court earlier Tuesday became “heated,” Powell confirmed after Hannity invoked the word.
Pirro termed Flynn’s case “clearly an unethical, if not illegal, prosecution.”