Flynn's lawyer moves to disqualify the judge in the case

 Epoch Times:

Sidney Powell, lawyer for former Trump national security adviser Michael Flynn, told a federal judge during a hearing that she will move to disqualify the judge from the case. She then got into an exchange with him that became heated as each interrupted the other.

The exchange happened during a Sept. 29 virtual hearing where District Judge Emmet Sullivan heard arguments on the Department of Justice’s (DOJ) move to dismiss the criminal case against the retired three-star U.S. Army general.

“I need to also move to disqualify the court and urge that it recuses itself immediately,” Powell said. “It’s absolutely unprecedented for proceedings against a defendant to be conducted by a person who actively litigated against him.”

She was referring to the fact that Sullivan earlier this year successfully appealed a decision of a higher court that compelled him to immediately accept the case dismissal. The judge made himself akin to a party in the case, creating an appearance of bias, which is grounds for recusal, according to Powell.

“I’m not sure whether you’ve ever filed a motion to recuse in this case before me. I don’t know. Did you? I may be mistaken. I don’t believe you have,” Sullivan said.

“I’m writing that motion right now, your honor,” Powell interjected.

“Put it in writing. I don’t want to cut you off. But if you want to file a motion to recuse, you probably should have filed it. But you didn’t. And I’ll certainly afford you an opportunity to prepare and file an appropriate motion to recuse,” Sullivan said.

“I’m not going to address that on oral representations of counsel. I’m not going to waste your time or everyone else’s time. You could have filed a motion in writing. You could have filed it in June. You could have filed it earlier. But even though you didn’t, I’ll certainly afford you an opportunity to do that. I’ll give you a week from the day to file your motion to recuse. Next point.”

Powell then proceeded to explain why she planned to file the motion only now.

“Counsel, what’s the next point,” Sullivan interjected. “What’s the next point? I don’t need to hear anything more about that. I’m going to give you an opportunity to file your motion to recuse. I’ll give you a week from the day.”

The exchange underscored the tension between Sullivan and Powell that has emerged as Sullivan has put off accepting or denying the dismissal.

...

Sullivan should have done it on his own motion to recuse.  He is clearly biased against Flynn and has made statements in court that expose that bias.  The evidence that the case against Flynn is without merit is overwhelming.  It was a bad faith operation by the FBI, DOJ, and Muller prosecution team from the beginning and was part of an orchestrated coup attempt against the President.