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I don't know if you clicked the link, but this motion is dynamite.

Powel is signaling that she is considering defense provious counsel did not explore, in particular, a claim of selective prosecution.

IV. There Are Serious Fourth Amendment Violations.
In addition, there are egregious Fourth Amendment violations at issue in this case. Either Mr. Flynn was (i) the subject of a pretextual counter-intelligence investigation apparently resulting from an FBI/CIA operation routed and funded through the Office of Net Assessment in the Department of Defense, using Stefan Halper to smear him as an "agent of Russia;" (ii) part of the documented abuses of the NSA database; (iii) the subject of a criminal leak of classified information regarding his conversations with Ambassador Kislyak; (iv) illegally unmasked; or (v) some combination of the above.
Judge Rosemary Collyer, Chief Judge of the FISA court, has already found serious Fourth Amendment violations by the FBI in areas that likely also involve their actions against Mr. Flynn. Much of the NSA's activity is in direct violation of the Fourth Amendment. Not only did the last administration--especially from late 2015 to 2016--dramatically increase its use and abuse of "about queries" in the NSA database, which Judge Collyer has noted was "a very serious Fourth Amendment issue," it also expanded the distribution of the illegally obtained information among federal agencies.10 Judge Collyer determined that former FBI Director Comey gave illegal unsupervised access to raw NSA data to multiple private contractors. ...