Michael Flynn’s attorney told a judge she personally asked President Donald Trump not to forgive her former National Security Advisor as she and the Justice Department fight over the dismissal of the case.
Sidney Powell released the statement at a court hearing in Washington on the Department of Justice’s request in May to suspend his trial against Flynn for lying to FBI agents during the investigation into Russian interference in the 2016 election.
When questioned by US District Judge Emmet Sullivan about her communications with the Justice Department and the White House, Powell said she personally briefed Trump and White House attorney Jenna Ellis about the status of the litigation “in the past two weeks” and asked to the president for not forgiving Flynn, who pleaded guilty twice.
Sullivan pointed to a copy of a June 2019 letter from Powell to Attorney General William Barr asking him to appoint several prosecutors for the Flynn case before she formally joined the case as Flynn’s attorney. Powell said he received no response from Barr, but said he believed there was nothing unethical about the communication.
The Justice Department filed a surprise motion in May to dismiss the case against Flynn, saying the case had been improperly brought and that Flynn’s lies to two FBI agents were not “material” for the investigation. on Russia. Sullivan refused to grant the motion immediately and is holding hearings to determine whether the government might try to dismiss the case as a favor to a Trump political ally.
Kenneth Kohl, a lawyer with the Department of Justice, rejected the idea. He said the government decided to drop the case after concluding that the FBI agents who conducted the interview at the center of the case did not believe Flynn was lying, and that another agent concluded that the case was been misused “to convince Trump.”
“The accusation against our office that we would have somehow acted with a corrupt political motive is not true,” Kohl said at the hearing. “The decision by the US Attorney’s Office to dismiss this case was the right decision for the right reasons.”
(Updates with details from hearing)