Was There A Conflict Of Interest Between Flynn And His Lawyers?

Margot Cleveland at The Federalist isn't given to speculation. However, today Cleveland offers just that, regarding what's really going on with Judge Sullivan in the Michael Flynn case. Yesterday in Judge Sullivan Enters Dispute Between Flynn Lawyers, Past and Present I noted the unusual and marked manner in which Judge Sullivan had interjected himself, on his own motion, in the matter of the delay by Flynn's prior legal team from Covington and Burling in providing the full Flynn case file to Flynn's new legal team, led by Sidney Powell--long time and noted critic of the legal tactics pioneered by Robert Mueller and Andrew Weissmann. Covington and Burling, as has been frequently noted, is the law firm of Eric Holder and Trisha Anderson.

Today Cleveland asks whether there may be more to Judge Sullivan's intervention, touching on matters that may be very much at the heart of what will almost certainly develop into a challenge of the guilty plea that Flynn entered into with Team Mueller: Judge Orders Ethics Training For Michael Flynn’s Former Lawyers--Was there a conflict of interest between Michael Flynn and his Covington and Burling attorneys who used to represent him? New facts unfold.

Cleveland bases her speculation on two factors. The first is the fact that Judge Sullivan set the date for the meeting with the ethics officials and the lawyers a few days before a regularly scheduled status hearing--August 27, only three days before the scheduled hearing on August 30. Why, asks Cleveland, would the judge not wait the three extra days to handle all the business at one hearing? Especially given that Powell expects provision of the case file to be complete by then?

Cleveland finds the clue to the explanation in a phrase from Powell's response to the Government's statement on the effect Flynn's changed posture in the "Bian Kian" trial might have on sentencing of Flynn in Flynn's own criminal case. In Flynn's Legal Team Responds To The Government I pointed out that, while Powell saw no reason why sentencing should be affected by that change in posture, she took the opportunity to signal to Judge Sullivan the direction in which her representation of Flynn was moving: