Sidney Powell, a lawyer and author of “Licensed to Lie: Exposing Corruption in the Department of Justice,” recently published an open memo to Barack Obama about his statement on the U.S. Department of Justice dismissing charges against General Michel Flynn.
Obama’s assessment of the matter is seriously flawed. He said “there is no precedent that anybody can find for someone who has been charged with perjury just getting off scot-free. That’s the kind of stuff where you begin to get worried that basic — not just institutional norms — but our basic understanding of rule of law is at risk.”
Powell said Obama is wrong and takes him to task on seven points. First, and perhaps the most important, he got the charge wrong. The general wasn’t charged with perjury, “which requires a material false statement made under oath with intent to deceive.” However, a charge of perjury would apply to Obama’s FBI Deputy Director Andrew McCabe “for his multiple lies under oath in an investigation of a leak only he knew he caused.”
Unlike General Flynn, McCabe was under oath and had counsel. But Attorney General Barr declined to prosecute him.
Powell also noted that Eric Holder, Obama’s “wingman” and former attorney general, who filed a motion to dismiss in the case against former U.S. Senator Ted Stevens for the same reasons as DOJ dismissed the case against General Flynn.
“As horrifying as the facts of the Stevens case were,” Powell wrote, “they pale in comparison to the targeted setup, framing, and prosecution of a newly elected President’s National Security Advisor and the shocking facts that surround it. This case was an assault on the heart of liberty— our cherished system of self-government, the right of citizens to choose their President, and the hallowed peaceful transition of power.”
Powell also questions the judgment of Obama’s alumni association, which claimed not to “‘find anybody who has been charged [with anything] just getting off scot-free.'” In her book, “Licensed to Lie: Exposing Corruption in the Department of Justice,” the author wrote about some of Obama’s alumni and focused on “egregious prosecutorial misconduct.”
In her final points, Powell noted that there’s plenty of precedent for dismissing corrupted cases with coercion and prosecutorial overreach. If Obama were to read this open memo, he’d have no genuine confusion about why the DOJ dismissed the case against General Flynn.