Michael Flynn’s attorney claims 'executive privilege' -- then demands judge recuse himself
Former National Security Advisor General Michael Flynn leaves after the delay in his sentencing hearing at US District Court in Washington. (AFP / SAUL LOEB)

Lt. Gen. Michael Flynn's lawyers are trying a new tactic to try and get rid of the judge who accepted the guilty plea last year and began the sentencing phase of the trial.

The moment came after Flynn's lawyer, Sidney Powell revealed that she has spoken to the president about Flynn's case, but not before she tried to invoke executive privilege without being an executive, former Army prosecutor Glenn Kirschner tweeted. Powell never had a problem with Judge Sullivan until today. She did, however, write a letter to Attorney General Bill Barr telling him to tell the prosecutors to withdraw the charges of Flynn.

"Powell can’t invoke executive privilege because she’s not a government employee. Trump is also obviously not her client," said former federal prosecutor Renato Mariotti.

Kirschner wondered if Judge Sullivan was foreshadowing when he asked prosecutors, "if I deny the motion to dismiss the case, what would the next step be? Would defendant Flynn attempt to withdraw his plea based on an ineffective assistance of counsel claim?"

He went on to say that the motion made in court that Sullivan recuse himself was out of order and doesn't follow court procedure. He assumed that the lawyer was just trying to buy some time.