Flynn and DOJ Argue Judge Appears ‘Biased’ in Bid Before Appeals Court to Get Case Quickly Dismissed

In their latest bid to end a protracted legal fight immediately, retired Lt. Gen. Michael Flynn’s lawyer and the Justice Department argued on Tuesday that the presiding judge in the former Trump national security adviser’s case had the appearance of bias.

Sidney Powell, the former federal prosecutor who took over Flynn’s legal defense last year, and acting Solicitor General Jeff Wall, representing the Justice Department in court following its move to toss the false statements charge against Flynn, clashed with Judge Emmet Sullivan’s attorney, Beth Wilkinson, during a four-hour hearing before 10 skeptical judges on the U.S. Court of Appeals for the District of Columbia.

Powell and Wall argued that Sullivan appeared biased against Flynn, including through his appointment of retired New York Judge John Gleeson as amicus, his resistance to drop the case, and his alleged violation of separation of powers, and said the en banc appeals court should agree with the three-judge appeals panel ruling from June that ordered the Bill Clinton appointee to drop the case. Sullivan, who had asked for a rehearing from the entire appeals court, and Wilkinson said Tuesday that Sullivan should be allowed to hold a hearing on the DOJ’s motion to dismiss, saying fears about intrusive questions were speculative.

The lengthy questioning from many of the judges indicated they might disagree with the 2-1 June decision from their colleagues, which has been vacated, and would allow Sullivan to hold a dismissal hearing. If the appeals court doesn’t force Sullivan to drop the case, the politically charged legal fight threatens to extend up to and past the Nov. 3 election. (Read more from “Flynn and DOJ Argue Judge Appears ‘Biased’ in Bid Before Appeals Court to Get Case Quickly Dismissed” HERE)

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