Although Sullivan said he would wait to hear arguments on the Brady issue until the next hearing in October, he did entertain a few points from both sides. Sullivan said that any argument about Flynn being entitled to additional evidence would need to be in the context of being “relevant and helpful” during sentencing.
Powell replied that “there is far more at stake here than sentencing.” Powell told the judge that as Flynn’s new lawyers, she and her team had an ethical obligation to review all of the evidence in his case. When Powell argued that there was evidence that they believed exonerated Flynn of being an agent for the Russian government and of violating federal laws that prohibit private citizens from engaging in unauthorized negotiations with foreign governments, Sullivan questioned the relevance, noting Flynn wasn’t charged with those crimes.
Powell replied that those arguments went toward their broader claim that the investigation into Flynn — an investigation in which he lied to the FBI about his contacts with Kislyak — was based on unfounded claims that he might be a Russian agent or in violation of US law. She also argued the government disclosed too late in the criminal proceedings information about former FBI director James Comey’s role in directing what she characterized as the “ambush interview” of Flynn.