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Michael Flynn's attorney

alleges government cover
up, while prosecutors
leave open possibility of
prison

Kristine Phillips, USA TODAY

USA TODAY•September 10, 2019

WASHINGTON — Nearly two years after he admitted lying to federal

investigators about his contacts with a Russian ambassador, a lawyer
for former national security adviser Michael Flynn accused the
government Tuesday of covering up documents that she claims would
have exonerated him.
What those documents are — and whether they, in fact, exonerate
Flynn — is still up for debate.
Sidney Powell, a combative conservative lawyer and frequent Fox News
commentator, accused prosecutors of withholding evidence that would
help prove Flynn's innocence. She also accused federal officials,
including former leaders of the FBI, of a longstanding effort to frame
President Donald Trump's former national security adviser and called
for the entire prosecution team to be removed from the case.
"There is egregious government misconduct and longtime suppression
of Brady material that should’ve been provided to defense before there
ever was a plea," Powell said during a hearing Tuesday, referring to a
rule that requires the government to turn over evidence that could
prove a defendant's innocence.
U.S. District Judge Emmet Sullivan did not seem receptive, asking
Powell if the evidence she's accused the government of suppressing is
materially — and not just theoretically — relevant. He also pressed
Powell on what she meant by exonerating Flynn and whether the plea
deal will be withdrawn.
"To show what, that he's innocent of this charge?" Sullivan asked.
"To show that the entire prosecution should be dismissed," Powell said,
citing "egregious government misconduct" and bias against Flynn.

President Donald Trump's former national security adviser Michael Flynn arrives
for his sentencing at the U.S. District Court in Washington, Tuesday, Dec. 18,
2018.
The former Army general was among the first in the president's orbit to
be charged as part of former special counsel Robert Mueller's
investigation into Russian meddling in the 2016 election. His
sentencing in Washington has been delayed for nearly a year to allow
him to finish his cooperation with prosecutors. Though both parties
agree that that cooperation is over, they have been at a deadlock on
how to proceed.
Assistant U.S. Attorney Brandon Van Grack pushed for a sentencing
date later this year and left open the possibility that prosecutors will
seek prison time. Powell said "there is far more at stake here than
sentencing," alleging that evidence, including memos and portions of
infamous text messages between former FBI officials Peter Strzok and
Lisa Page, have been withheld and would've exonerated Flynn from
allegations that he's a Russian agent.
Story continues