Politics The #MAGA Lawyer Behind Michael Flynn's Scorched-Earth Legal Strategy

The #MAGA Lawyer Behind Michael Flynn’s Scorched-Earth Legal Strategy

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Misty Keasler for POLITICO Magazine

Keith Kloor is an author in New york city and adjunct professor of journalism at New York University.

The three-day conference in November 2018 was called “Operation Classified” and assured participants they would “come away with a comprehensive understanding of the Deep State.” Included speakers, collected at a Hilton hotel in a Dallas residential area, consisted of militia leaders, anti-vaxxers, a UFO activist, as well as a former federal district attorney called Sidney Powell, who provided a mournful, noteless recitation in a low-key Southern accent.

Powell was there as a leading proponent, on cable television news and in op-eds, of a conspiratorial narrative advanced by the far best: that unique counsel Robert Mueller’s Russia investigation was part of a plot by the intelligence community to require President Donald Trump from workplace. “This goes so deep and so broad, it is unbelievable,” Powell said with a heavy sigh throughout her 40- minute speech.

In the audience was Joseph Flynn, bro of Michael Flynn– the retired three-star lieutenant general who had served quickly as Trump’s first national security adviser before concurring to cooperate with the Mueller probe and pleading guilty to lying to the FBI about his discussions with Russia’s ambassador to the United States. The conference, in fact, was part of a fundraising event for Flynn’s legal defense fund, of which Joseph is a trustee, along with his sister Barbara Redgate. For more than a year, Michael Flynn had been safeguarded by Covington & Burling, the powerful white-shoe law firm, but his siblings thought their bro’s guilty plea was “a decision made in rush,” as Joseph put it to me.

At the Dallas conference, Joseph Flynn introduced himself to Powell, who currently understood his sis. The 2 spoke at length over coffee, finding that they saw Michael Flynn’s case the same way, they both informed POLITICO Magazine. Powell thought that Flynn, like Trump, was a victim of a supposed deep state plot, and that he had pleaded guilty just due to the fact that he was persuaded by overzealous district attorneys.

Seven months later– after Powell had publicly exhorted Michael Flynn to withdraw his guilty plea and think about finding another legal representative– Flynn fired his team at Covington & Burling and hired Powell as his lead lawyer. It was a striking turnabout: Flynn went from seeming to take the high roadway, by cooperating with the Mueller investigation, to looking for legal counsel from a Fox News pundit who thought Mueller was the perpetrator and Flynn the victim.

While Trump praised the brand-new hire on Twitter, calling Powell a “TERRIFIC LEGAL REPRESENTATIVE,” legal observers scratched their heads. Powell, who remains in her 60 s (she would not verify her specific age), had actually shared material from social networks accounts connected with QAnon, the comprehensive conspiracy movement keeping in part that Trump is doing fight with demonic, pedophile-loving Democrats and members of the deep state. The timing was likewise odd. Flynn’s sentencing had actually been delayed at that point because of procedural problems, but it was expected quickly. And Mueller had suggested that Flynn get no prison time due to the fact that of the “substantial assistance” he provided in the special counsel investigation. (Flynn, under Powell’s advisement, is not speaking with the media.)

It was clear soon enough that Powell was taking a different tack. The government countered that it had already relinquished any pertinent material and that Powell was advancing “conspiracy theories” to fish for proof that did not exist.

When I satisfied Powell in Manhattan early last month, I asked if she was worried the new aggressive legal technique may backfire; Flynn had actually already reaffirmed his guilty plea a year ago in a testy hearing before Sullivan, who is respected as a fair-minded, no-nonsense jurist. Powell was feeling bullish.

” I do not understand how, however I can check out the way these particular government attorneys say things to know that they are lying and concealing things,” she described, referring to the prosecutors in the Flynn case. “And I referred to as soon as I started hearing and seeing what was going on with General Flynn that he had actually been established.” (The lead prosecutor in the Flynn case did not respond to ask for remark for this article.)

Truth struck several days after our breakfast, when Sullivan unequivocally turned down Powell’s requests for additional government files and for the case to be dismissed. Shortly later, government prosecutors recommended that Flynn receive up to six months in jail– a turnaround of the earlier suggestion that he not be incarcerated. “Possibly Employing Sidney Powell Was a Huge, Monstrous Error for Michael Flynn,” one heading recommended.

Today, Flynn formally sought to withdraw his guilty plea “due to the fact that of the government’s bad faith, vindictiveness, and breach of the plea contract,” as Powell wrote in a court brief. Sullivan pushed back the sentencing by another month to consider the unusual request. However, says Barbara McQuade, a University of Michigan law professor and previous U.S. lawyer specializing in national security matters, “The scorched-earth strategy that Powell is utilizing is rarely reliable with judges.”

That Powell was apparently blind to this likely result speaks to her complete accept of the Trumpian values of grievance and “alternative realities.” Which wasn’t constantly her M.O.: A federal prosecutor herself for a years, Powell switched on her own ilk and spent years making a forceful case against prosecutorial overreach– a genuine concern. It was when her cause pertained to align with Trump’s and Flynn’s predicament as targets of Mueller’s probe that she worked her way into a deep state-hating, MAGA-loving network that landed her a prominent customer.

But the MAGA echo chamber, it appears, does not constantly benefit its citizens once they’re outside that bubble. While a method of rejection and assaulting the opponent might have worked for Trump throughout the Mueller examination (and might yet work for him in his impeachment trial), Michael Flynn is not the president. If her client ends up in jail, it might be due to the fact that of the Trumpian strategy Sidney Powell accepted.

” Crackpot conspiracy theories get easy traction on the web,” says John Schindler, a former NSA expert who has actually been critical of Flynn, but likewise of Hillary Clinton and the FBI. “They’re less likely to do well in federal court.”


Sidney Powell’s story, as much as a point, is the very model of a high-achieving legal representative.

She understood from an early age what she wished to finish with her life. “My mom stated I used to come home from kindergarten and watch ‘Perry Mason,'” recalls Powell, who grew up in a tight-knit working-class family in Raleigh, North Carolina. She was 19 when, in 1974, she was accepted into law school at the University of North Carolina, after rushing through her B.A. at UNC. “I was on trainee loans,” Powell explains. “My family could not manage to help. … I knew what I wanted to do. I didn’t see any reason in stringing it out.”

Powell’s friends describe her as smart, brave and extremely driven. At the outset of her career, in the late 1970 s and early 1980 s she worked as a federal district attorney in the Western District of Texas, along the border, which back then “was on the cutting edge of the drug wars,” says Carl Pierce, her associate at the time, who headed up an unique drug trafficking system. It was a painful duration, he says: “They were trying to eliminate our witnesses, assassinate our prosecutors.” A judge in one of Pierce’s cases was killed 6 weeks after Powell got here on the job. According to Pierce, there were times when the federal government attorneys had to use bulletproof vests and be escorted by federal marshals. “I was attempting these [drug] cases, and Sidney was keeping them founded guilty on appeal,” Pierce says. “She’s a superb appellate attorney.”

After approximately 10 years with the Justice Department, Powell set out on her own as a federal appellate attorney. She would go on to represent a variety of private-sector customers, appealing judgments and sanctions connected to health care, medical malpractice and environmental problems, among other areas. As she would later boast in a 2015 talk, “People generally call me when the ox is sort of deep in the ditch,” and needs an escape.

A turning point for Powell was available in the 2000 s when she invested almost a decade representing executives captured up in the Enron scandal, in which the chief executives of the Texas-based energy company were founded guilty for monetary fraud. A few of the federal government’s Enron-related cases, including two of Powell’s, were eventually overturned by greater courts for various legal factors. Whether government prosecutors associated with Enron-related cases were just being aggressive or had abused their power refers dispute. Powell, for her part, came away from the experience thinking the district attorneys had bent the law to unfairly prosecute her customers and were never held to represent their actions. She became convinced that “prosecutorial misconduct,” in the form of suppression of proof beneficial to the defense, was an extensive issue in the judicial system.

In 2014, she set out her case in a self-published book, Certified to Lie, which, as Powell puts it on her website, “exposes the strong-arm, illegal, and dishonest tactics utilized by headline-grabbing federal district attorneys in their narcissistic pursuit of power to the greatest halls of our government.” Powell says she wrote the book “since I could not get the system to work.” (When expert legal associations would not act upon her ethics grievances against the prosecutors, Powell states, she considered quitting law completely.) In his foreword to the book, Alex Kozinski, an influential federal judge who retired suddenly in 2017, after several accusations of sexual harassment, loaded praise on Powell however stopped short of endorsing her sweeping claims. Still, he composed, Accredited to Lie “should act as the beginning of a severe conversation about whether our criminal justice system continues to measure up to its vaunted credibility.”

That didn’t exactly happen. For a number of years after it was published, Powell and the book were mainly disregarded, which exasperated her. Powell thinks the media, even on the right, made “a considerable effort to kill this book with silence,” as she put it in a 2015 talk.

Powell says she does not care for politics, and there might have been some fact to this at one point: As the 2016 presidential campaign was ramping up, she took off for a six-month, around-the-world cruise and then a three-week journey to Antarctica, which she made a video about and published to YouTube.

In the summertime of 2017, Powell’s luck altered. Powell released red signals via Twitter and op-eds: “It’s all about WHO they want to get & they’ll do ANYTHING to win,” she tweeted in June, tagging Newt Gingrich, Hannity and the White House press secretary. Over the summertime, Gingrich began promoting Powell’s book all over the media.

Powell rode her unexpected wave of celeb to political significance and started appearing on the programs that had actually previously overlooked her, embracing Trumpian talking points about not only the Mueller report but other concerns, too. On Dobbs’ program, to take one example, Powell suggested that “the ongoing invasion of this nation” by immigrants may be the cause of “diseases spreading out across the nation that are causing polio-like paralysis of our children.”

” Sidney the Media Figure,” as Powell explains herself on one of her sites, is a rather amped-up variation of her real-life personality. One of Powell’s neighbors in Dallas, Patricia Falvey, an author of historic fiction who does not identify as Republican, told me Powell’s buddies aren’t all in “lockstep” with her politically; Falvey and Powell mainly talk about household, travel and charity work.

However anybody watching Powell’s media hits or following her rat-a-tat Twitter feed– all run on her own, she informs me– could see she was now a passionate citizen of MAGA-world.


Perhaps it was unavoidable that Powell and Flynn would come together in common cause. Flynn has actually constantly been something of a maverick, but he too had an improvement. An appreciated, if hard-charging, patriot, he grew irritated throughout his time as head of the Defense Intelligence Agency in the Obama administration. By the 2016 presidential election, Flynn was spreading out outrageous conspiracy theories– including the accusation that Hillary Clinton was included with a kid sex trafficking ring– and discovered himself chanting, “Lock her up!” at the Republican National Convention.

Throughout his legal fight, Flynn has attracted a group of supporters with likewise questionable views. By all accounts, Flynn’s legal experience has actually taken an enormous monetary toll on him and his household; as of July 2019, he owed more than $4.6 million dollars in unsettled lawyer costs, according to court records. Flynn’s legal defense fund, established in the summer season of 2017, does not officially divulge the identities of its donors or how much it has raised. Joseph Flynn informed me the fund does decline contributions from non-U.S. people or the Trump company, but besides that, “We will accept assistance from anyone who wishes to help us.”

That consists of John B. Wells, who arranged the 2018 Dallas fundraiser, which, according to Wells, raised “a healthy five-figure donation” for the legal fund. Wells, 62, is a voice-over actor turned itinerant radio host with an internet-streaming program; Flynn hired one time during the 2016 project. Wells appeared on Alex Jones’ program, “Infowars,” in 2013 and spoke about how “it’s been basically established that the CIA and al Qaeda are practically one.” In his opening remarks at” Operation Classified,” he spoke of the “criminal cabal we describe as government,” and he applauded QAnon, the conspiracy motion that seems to believe a worldwide gang of Satan-worshipping pedophiles in the media, Hollywood and the political establishment is covertly running the world. “Q is a genuine thing,” Wells said to cheers in the audience. (Wells did not respond to an ask for comment.)

Michael Flynn himself was set to appear at a QAnon-related fundraiser on his behalf this previous summertime, but he took out after news of the occasion became public. (It was around this time that the FBI noted the amorphous fringe group as a possible domestic terrorism hazard– QAnon advocates have been linked to acts of violence.) Redgate and Joseph Flynn have actually also enhanced QAnon, though both siblings reject having “any relationship to QAnon,” as Joseph put it to me. When I asked him about his and Redgate’s retweets, he reacted: “There’s a lot of people that do investigative research study on Twitter.”

Similarly, Powell, who told me she is being paid out of the Flynn legal fund however reduced her rates “significantly” for him, has actually retweeted QAnon accounts too and, according to reporting by Media Matters, appeared on a QAnon-affiliated YouTube show, where she thanked the host for his “substantial and incredibly practical” support. I asked Powell about this, and she reacted in an email: “I don’t know anything about Q Anon, or Q. I couldn’t tell you what that was.

While “FlynnLand,” as Joseph calls it, has accepted Powell (” We like Sidney!” Redgate gushes), it was never clear that Sullivan, Michael Flynn’s judge, would follow along.

Powell, it appears clear, anticipated Sullivan to be on her side. Powell has exclaimed in some of her public talks.

” Let me put me put it in this manner,” she stated at our breakfast in New york city. “If I remained in the federal government’s shoes, I would transfer to dismiss this case before Judge Sullivan does anything else.”

Her conviction was bolstered by the release, in early December, of the long-awaited report by the inspector general for the Justice Department, which found that the FBI’s initial investigation into possible ties in between Russia and Trump campaign authorities (the precursor to the Mueller probe) was ruined by careless and incorrect methods. Powell felt that the IG findings provided weight to an essential part of her argument: that FBI representatives manipulated the notes from their interview with Flynn to make him look guilty.

But in mid-December, Sullivan turned down the concept that the original FBI counterintelligence investigation of former Trump officials– Flynn consisted of– was a deep state plot versus Trump, and that Flynn had actually been deceived into his perjury by deceitful FBI representatives. At the close of his judgment, Sullivan composed: “the Court summarily disposes of Mr. Flynn’s arguments that the FBI carried out an ambush interview for the purpose of trapping him into making false declarations and that the government pressured him to get in a guilty plea.

Powell stayed mum for almost a month. Powell argued that government district attorneys had actually violated the terms of his plea arrangement and asked for Sullivan to delay his sentencing to consider her argument and allow time for the government to react.

” Withdrawing the guilty plea seems like an odd strategy at this stage,” McQuade, the law professor, states. “Her representation of Flynn as a victim of government overreach recommends that her technique is to seek sympathy from a segment of the public and a pardon from President Trump.” (” It’s bullshit. Overall bullshit,” Powell states about the prospect of fishing for a presidential pardon.)

It’s uncertain how Flynn’s case will end, and what it will imply for Powell. Her defiance, in spite of Sullivan’s scolding, advised me of an exchange I had with her towards the end of our early December conference in New York. I had actually asked her about the prevalent allegation that she was a conspiracy theorist. “I believe it’s amusing,” she stated, smiling.

” Perhaps you will get the last laugh,” I pleasantly used.

” I believe I will,” she said securely.

It wasn’t till we both stood up to leave that I understood how tall Powell was (six feet) and that she was wearing tight-fitting leopard print trousers and matching boots with two-inch heels and shining spikes. “I call these my attitude adjusters,” Powell said with a huge smile.

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