Retired Lt. Gen. Michael Flynn Moves to Withdraw Guilty Plea

Clay Curtis
January 15, 2020

Attorneys for former national security adviser and retired Lt. Gen. Michael Flynn have filed a motion to withdraw his guilty plea from two years ago, "because of the government's bad faith, vindictiveness, and breach of the plea agreement". "He gave the prosecution his full cooperation", the lawyers wrote.

The Department of Justice originally requested a probationary period for its collaboration with investigators, but urged a Washington judge on January 7 to convict him of six months in prison for apparently not repenting his crimes.

"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", Flynn's attorneys wrote, further pointing out that as of December 2018, the government was so satisfied with Mr. Flynn's cooperation "that it filed its motion recommending probation because of his substantial assistance".

In a court document filed Tuesday evening, Flynn's legal team wrote that the government demanded Flynn, who was expected to to be called as a government witness last July in the separate case of his former business associate Bijan Kian, to provide a "false" testimony and say that he "knew and intended" to sign false filings in his Turkish lobbying work, which would lead him to breach his plea agreement by not telling the truth.

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"The sworn statements of Mr. Flynn and his former counsel belie his new claims of innocence and his new assertions that he was pressured into pleading guilty", Sullivan wrote in his December 16 opinion. "The same can not be said for the prosecution which has operated in bad faith from the inception of the "investigation" and continues relentlessly through this specious prosecution".

Mr Flynn was one of several former Trump administration aides to plead guilty or be convicted at trial in Mr Mueller's investigation, which detailed Moscow's interference in the 2016 U.S. election to boost Mr Trump's candidacy, as well as numerous contacts between the Trump campaign and Russian Federation.

"Mr. Flynn will not plead guilty".

In late November 2019, District Court Judge Emmet Sullivan canceled the sentencing hearing at the request of both parties.

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