Michael Flynn motion to disqualify Judge Sullivan October 7, 2020, Judge Sullivan: “cast an intolerable cloud of partiality over his subsequent judicial conduct”
“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. As is the essence of the problem here, instead of protecting its citizens, the “government” is protecting its own criminal conduct and operatives.”…Attorney Sidney Powell October
“her client was “totally set up” because he threatened to expose wrongdoing by top intelligence officials in the Obama administration.
“He was going to audit the intel agencies because he knew about the billions Brennan and company were running off the books,” Powell said, referring to former CIA Director John Brennan.”…Sidney Powell, Vickie McKenna Show
On Judge Sullivan: “if there was any doubt up to this point whether his conduct gives the appearance of partiality, that doubt is gone.”...Judge Rao dissenting opinion
From United States v Michael Flynn October 7, 2020.
Pursuant to 28 U.S.C. §§ 455(a), (b)(1), and (b)(5)(i), General Michael T. Flynn
moves to disqualify Judge Emmet G. Sullivan from further participation in this case. At least by the time of his failure to follow the mandamus of the D.C. Circuit panel and his decision with his own retained counsel to take the unprecedented and improper step of filing his petition for rehearing en banc, Judge Sullivan “cast an intolerable cloud of partiality over his subsequent judicial conduct” and “risk[ed]  undermining the public’s confidence in the judicial process.” In re Al Nashiri, 921 F.3d 224, 237, 239 (D.C. Cir. 2019). ““[A]ll that must be demonstrated to compel recusal,” then, is “a showing of an appearance of bias…sufficient to permit the average citizen reasonably to question a judge’s impartiality.”” Id. at 234. Judge Sullivan satisfied that standard when he actively litigated against General Flynn. He has since far exceeded it—rising to the level of demonstrating actual bias. The
court’s contempt and disdain for the defense was palpable throughout the hearing on September 29, 2020, including when defense counsel made an oral motion for his immediate disqualification, which he refused to allow even to be fully stated for the record. Hr’g Tr., United States v. Flynn, No. 17-232, (D.D.C. Sept. 29, 2020) at 64-65 (hereinafter “Hr’g Tr. 09-29-20”). Accordingly, the defense files this motion to confirm the oral motion made at the hearing.”