An attorney representing former Trump National Security Adviser Michael Flynn made a filing in a federal appeals court on Tuesday that appears likely to do more harm than good, even leading to the imprisonment of the retired Army lieutenant general.
According to Law and Crime, attorney Sidney Powell has requested that the U.S. Court of Appeals for the D.C. Circuit bypass U.S. District Court Judge Emmet Sullivan and force Sullivan to dismiss all charges against Flynn, as the Justice Department has recommended:
“Powell also sought various other forms of relief in the 44-page filing that attempts to make the case for a modern times miscarriage of justice directed by the highest levels of the national security state.”
That line alone is sure to anger Judge Sullivan, who has already chastised Flynn in open court, telling him:
“I am not hiding my disgust, my disdain for this criminal offense.
“Arguably, you sold your country out.”
Ironically, by filing with the D.C. appellate court, Powell has probably made matters much worse for Flynn and strengthened the hand of Judge Powell, who will make the final decision on whether or not Flynn is sent to prison, national security attorney Bradley P. Moss noted:
“This is a risky move by Flynn’s legal team, as it was likely Judge Sullivan was going to ultimately still sign off on the dismissal. Now, however, they risk a conservative D.C. Circuit upholding Sullivan’s discretionary authority to impose a punishment on his own. If that happens, all bets are off.”
The appeals court is very unlikely to give Flynn and his legal team what they want, and that’s bad news for Flynn as the case moves forward, former federal prosecutor Mimi Rocah remarked:
“The idea that Flynn wants to stop the judge from doing exactly what a judge is supposed to do shows that they know just how frivolous their position is.”
Additionally, there are no guarantees that Flynn can count on a presidential pardon from Donald Trump. The closer it gets to the November election, any pardon Trump issues carries a heavy political price and could wind up resulting in key voting blocs casting their ballots for Joe Biden.
No matter what happens, it would appear that Michael Flynn should have found a better attorney a long time ago.