Michael Flynn’s attorney on emergency appeal to remove Judge Emmet Sullivan from case: His bias is clear
Sidney Powell, attorney for Michael Flynn, joins Sean Hannity with insight on ‘Hannity.’
Sidney Powell, the attorney for former National Security Adviser Michael Flynn, told «Hannity» Tuesday that U.S. District Judge Emmet Sullivan has «gone way out into left field» since the Justice Department moved to dismiss the case against her client earlier this month.
Earlier Tuesday, Flynn’s legal team filed a petition for a writ of mandamus with the D.C. Circuit Court of Appeals seeking Sullivan’s removal and the dismissal of the case against Flynn.
«I wish I knew what was going on with Judge Sullivan,» Powell told host Sean Hannity. «I can’t say that I do, other than he has gone way out into left field by himself, as we say in our mandamus petition, [with] this notion that he can appoint an amicus for himself and solicit other amicus briefs and not rule on our motion on the government’s motion to dismiss.
«The law is clear,» Powell went on. «There’s a new Supreme Court decision unanimously decided just within the last two weeks that makes it clear he cannot invite the amicus brief. So he … doesn’t have that authority as a district court judge.
«And then there are Supreme Court and D.C. Circuit cases that make clear he must grant the motion to dismiss … That’s a case and controversy issue under the Constitution, a separation of powers issue under the Constitution,» Powell added. «And the law is clear. He doesn’t have authority to grant it. He can’t appoint the prosecutor himself.»
The amicus appointed by Sullivan, retired federal judge John Gleeson, has openly criticized the Trump administration’s handling of Flynn’s case, raising concerns that he was selected to improperly bolster Sullivan’s efforts to keep the Flynn case alive even though both the government and defendant want it dismissed.
Powell said the case effectively ended when the DOJ filed its motion to dismiss on May 7.
«The case is over and his bias is so egregious, he should be removed from the case,» Powell said.