It is mid-May and the world has turned upside down since my last post. The so-called pandemic of the Coronavirus (specifically COVID-19) was not on my radar at the end of January 2020. But it has changed the world in the three and a half months. But, oddly, it is not the topic about which I intend to write this time. As many of you who know me are aware, I have a legal background with limited medical knowledge (take two aspirin and call me in the morning may be as far as I go). So I try to restrict my comments to the Law before taking the time for side excursions into fields outside my wheelhouse.
But the news has broken last week about an incident which may seem to some to be of less concern to the nation than the 60,000+ deaths from COVID-19. But which may be significant in is own right.
In February of this year, Attorney General Barr appointed a special counsel (Jeff Jensen, US Attorney of the Eastern District of Missouri) to investigate the strange case of Lt General, USA ret. Michael Flynn. General Flynn was perhaps the first casualty of the Special Counsel Robert Mueller's band of happy warriors from the DOJ and the FBI in his two-year witch hunt of the President (my bias is noted - deal with it). The FBI agents produced an investigative record and the DOJ, with heavy-handed tactics learned, no doubt, from watching too many gangster movies provided a "free and voluntary" confession from General Flynn as he agreed to plead guilty to a charge of lying to the FBI in the process of their investigation. Without getting lost in the weeds of the case, the confession appears to have been coerced and the prosecution withheld lots of evidence from the defense in the process. It is difficult to find civil rights, due process or the Rule of Law in the procedures used against Flynn, or for that matter Paul Manafort and Roger Stone.
Two weeks ago, the DOJ dropped its case against General Flynn. As of yet, the trial judge has not signed off officially ending the case, but Sydney Powell, General Flynn's powerhouse of an attorney, has filed for an emergency writ of Mandamus to the appellate court, challenging Judge Sullivan's actions in the case - requesting that Judge Sullivan be removed for bias, actions beyond his authority and that the case should be dismissed. The remarkable part of the case is included in the attachments to the motion to dismiss. Part of the allegations of prosecutorial misconduct presented by Sidney Powell, are contained in the documents that were required to be supplied to the defense which had been previously withheld in violation of the Brady rule (dealing with exculpatory evidence) and the orders of the court.
It turns out, according to the evidence provided with the government's response to her motion, that there was a very damning image of the FBI and DOJ actions which could implicate Special Prosecutor Mueller, his DOJ attorneys, high members of the FBI, and officials of the Obama administration and intelligence community, to include the former President and the former Vice-President. Film at eleven.
The appellate court has now given Judge Sullivan 10 days to respond to the appellate case and invited the DOJ to respond to the appellate case, as well.
This case reads like a novel and will, I am sure, serve as the basis of several books in the near future. I can hardly wait. But Michael Flynn should not have to wait. He appears to be an innocent man. Who does he see to get the return of his good name, reputation and family fortune spent on legal fees?