September 10, 2019 / by emptywheel

 

Sidney Powell Gets Caught Lying in Hearing before Emmet Sullivan

The Mike Flynn status hearing just ended (I livetweeted it here). The outcome is that Flynn’s sealed Brady filing will be posted tomorrow, the government response will be in two weeks, Flynn’s reply will be on October 15. The Brady hearing will be October 31.

Emmet Sullivan tentatively set a sentencing hearing for December 18, the year anniversary for his aborted sentencing hearing last year.

The government said it will file a new sentencing memorandum, suggesting they likely will say he did not accept responsibility for his crimes. Those new filings are due on December 2.

Sidney Powell stated that she does not expect Flynn to withdraw his plea, though she did suggest the entire prosecution should be withdrawn because of egregious misconduct.

The hearing itself was less remarkable than Sidney Powell’s factually impaired briefing last week. But she did manage to get in at least one lie to Sullivan.

She claimed that Flynn had not been provided notice of the Lisa Page – Peter Strzok texts. Brandon Van Grack told the court that Flynn was told Strzok had a political preference before he signed his guilty plea. Van Grack also revealed that Flynn got texts that have not been otherwise publicly released. That means Senator Ron Johnson didn’t release texts that pertained to Flynn (and perhaps were derogatory to him) when he dumped all of them in December 2017.

Powell also complained that Flynn had not been provided notice that Jim Comey “set up the ambush interview” of Flynn. Van Grack made it clear that Flynn received it before sentencing and that Sullivan referenced it at the beginning of last year’s sentencing memo. Powell excused her outright lie about something Sullivan mentioned on the public record by saying the train was pretty far down the track by then.

Powell made much of the fact that the government had already decided that Flynn would not be charged as an Agent of Russia or with a Logan Act violation shortly after his FBI interview. Van Grack noted that that’s not the benefit that the government said Flynn had obtained with his guilty plea.

Finally, Powell suggested that there might have been a prior secret investigation into Mike Flynn based off the secret NSA database, attempting to reference the allegations in the Rosemary Collyer opinion that has to do with targeted surveillance of otherwise targeted US person subjects when they’re overseas. In short, it was rank nonsense based off of Sara Carter’s erroneous “reporting” on the opinion.

All in all, Sullivan took being lied to in pretty mellow fashion. We’ll see whether that continues after Van Grack lays out precisely how batshit some of Powell’s claims are.

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Originally Posted @ https://www.emptywheel.net/2019/09/10/sidney-powell-gets-caught-lying-in-flynn-hearing/