Thread by @willchamberlain

Something interesting from @SidneyPowell1's Flynn filing last night

@GenFlynn is dealing with two guilty pleas he made while advised by Covington & Burling

Powell argues that Covington was conflicted as of August 2017 and OBLIGATED to withdraw

That's before Flynn pled guilty

@SidneyPowell1 @GenFlynn To explain:

The same Covington lawyers who were defending Flynn on the false statement charges

prepared the FARA registration for General Flynn's company

In August 2017, federal prosecutors threatened to charge Flynn based on false statements in that very FARA registration

@SidneyPowell1 @GenFlynn Sidney Powell argues that as soon as that happened, Covington was OBLIGATED to withdraw from the Flynn representation because of a "non-consentable" conflict of interest

Why? Because they were in an "adversarial position."

@SidneyPowell1 @GenFlynn Powell doesn't explain why in the brief, but I have some intuitions

Basically an obvious defense for Flynn against the FARA charges is that it was the fault of his lawyers, who prepared the statement

But how exactly are Covington lawyers going to make that argument?

@SidneyPowell1 @GenFlynn Another point is that, on the civil side, it's pretty clear there's a potential malpractice claim if Flynn defends against the FARA charges aggressively

It's arguably in the interests of Covington at that point for Flynn to plea!

Not good

@SidneyPowell1 @GenFlynn Why does this matter?

Well, a big problem for Flynn is that he pled guilty on two separate occasions while advised by Covington lawyers

If those Covington lawyers were hopelessly conflicted, that gives Flynn a much better explanation for why he's withdrawing his plea

@SidneyPowell1 @GenFlynn TO CLARIFY: Flynn has not yet withdrawn his plea

That's purely my editorializing, because I suspect that will eventually be necessary