Skip to main content

Despite Guilty Plea, Michael Flynn’s Attorney Doubles Down on Claim That Prosecutors Buried Crucial Evidence


In a legal filing Wednesday, an attorney for former National Security Advisor Michael Flynn accused federal prosecutors of intentionally and maliciously seeking to destroy her client by unconstitutionally hiding exculpatory evidence and preventing public scrutiny of his prosecution.

In a seven-page motion asking the court to immediately file Flynn’s latest legal brief on the public docket, attorney Sidney Powell said that the government should have dismissed the case against Flynn, claiming the charges were entirely predicated on a government conspiracy aimed at intentionally destroying his once sterling career. Powell, who has previously made similar accusations, did not address the fact that her client has already pleaded guilty to lying to the FBI.

“New lead counsel for Mr. Flynn has given the government every opportunity to dismiss this case in the interest of justice on its own because of the rampant wrongdoing of government agents from the inception of the ‘investigation’ and prosecution of Mr. Flynn,” Powell wrote.

Powell then accused prosecutors of illegally suppressing Brady evidence that would prove Flynn’s innocence.

“Instead of doing so, the government has continued to defy its constitutional, ethical and legal obligations to this Court and to the defense, and to hide evidence that it knows exonerates Mr. Flynn,” she continued. “As is the essence of the problem here, instead of protecting its citizens, the ‘government’ is protecting its own criminal conduct and operatives.”

Powell also included emails between her office and the DOJ from the preceding days, and specifically referenced prosecutors’ claim that “various equity holders” require more time to review and approve redactions before the brief can be posted to the public docket.

“The only real ‘equity holder’ in this case is Michael T. Flynn, whose career was deliberately and maliciously destroyed by outrageous government conduct documented in our brief in reply. The American public is entitled to see that now,” Powell said.

Delving deeper into the proposed conspiracy theory, Powell explained that Flynn was targeted because he planned to expose rampant government corruption that’s cost tax-payers billions. Again, she did not provide any evidence or details to support her allegations.

“He was deliberately targeted for destruction by certain elements in the government for many reasons—not the least of which was his publicly expressed intent to audit the ‘intelligence agencies’ where billions of taxpayer dollars are unaccounted for,” Powell asserted. “The allegations made against Mr. Flynn precipitated his removal from the administration of a newly elected president in a time of great tension in this country.”

In closing, Powell contented that the unsubstantiated allegations of government corruption have caused the public to question the integrity of the proceedings.

Mr. Flynn’s case has captivated the attention of the nation, and public debate about the case and the circumstances surrounding it have raised serious questions about the nature of the investigation and the legitimacy of the charges. Suspicions that grave misconduct has occurred—at the highest levels of our nation’s most prominent federal agencies—have scandalized the public and seriously undermined trust in the rule of law—the bedrock of our society. It is imperative that the public has the chance to speedily examine these filings for themselves and make conclusions about the activities of their own government, whatever those conclusions might be.

Flynn Motion by Law&Crime on Scribd

[Image via Alex Wroblewski/Getty Images]

Have a tip we should know? [email protected]

Filed Under:

Follow Law&Crime:

Jerry Lambe is a journalist at Law&Crime. He is a graduate of Georgetown University and New York Law School and previously worked in financial securities compliance and Civil Rights employment law.