Former national security adviser Michael Flynn has decided to fight back now that the Department of Justice wants to send him to prison.
In 2017, Flynn pleaded guilty to lying to the FBI regarding the contacts he made with Russian ambassador Sergey Kislyak. Although the Department of Justice initially recommended no prison time, in November it changed course and recommended that Flynn serve six months.
The retired Army lieutenant general is now seeking to withdraw his guilty plea.
Because of that, U.S. District Judge Emmet Sullivan on Thursday agreed to delay Flynn’s sentencing hearing, originally set for Jan. 28, to Feb. 27.
The motion filed by Flynn’s legal team said it was seeking to withdraw the plea ‘because of the government’s bad faith, vindictiveness and breach of the plea agreement.”
“The prosecutor seeks to rewrite history and send Mr. Flynn to prison. This about-face places the government in breach of the plea agreement,” the motion said.
In its reporting on the case, Politico noted that the adoption of a more confrontational approach by Flynn came at the same time that he was represented by attorney Sidney Powell.
“It’s just been one atrocity after another,” Powell told host Sean Hannity on Fox News’ “Hannity” on Tuesday. “The recent sentencing note is full of lies and distortions.”
In November, the Department of Justice admitted it made a mistake in the case in relation to notes taken in connection with Flynn’s case.
New letter to the Court from DOJ on the Flynn case.
They misidentified the FBI agents’ notes. 🤦♂️
Strzok’s notes are really Pientka’s notes, and Pientka’s notes are really Strzok’s notes. pic.twitter.com/9eTBZrymv9
— Techno Fog (@Techno_Fog) November 5, 2019
The motion repeatedly said Flynn tried to cooperate with the government but was betrayed.
“Michael T. Flynn is innocent,” the motion said.
“Mr. Flynn has cooperated with the government in good faith for two years,” it said. “He gave the prosecution his full cooperation. ‘He held nothing back.’ He endured massive, unnecessary, and frankly counterproductive demands on his time, his family, his scarce resources, and his life.
“The same cannot be said for the prosecution which has operated in bad faith from the inception of the ‘investigation’ and continues relentlessly through this specious prosecution.”
The filing said the change in counsel brought about a change in the government’s attitude toward Flynn.
“The prosecution has shown abject bad faith in pure retaliation against Mr. Flynn since he retained new counsel. This can only be because with new, unconflicted counsel, Mr. Flynn refused to lie for the prosecution,” the motion said.
“Justice is not a game, and there should be no room for such gamesmanship in the Department of Justice,” the motion said.
The motion accused the Department of Justice of mistreating Flynn.
“He rightly refused to lie for the government, and his new counsel would not allow him to do so, nor allow the government to bully him into acquiescence,” the motion said.
“It is beyond ironic and completely outrageous that the prosecutors have persecuted Mr. Flynn, virtually bankrupted him, and put his entire family through unimaginable stress for three years,” the motion added.
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