By Tank Murdoch
(TNS) Retired U.S. Army Lt. Gen. Michael Flynn, who briefly served as President Donald Trump’s first national security adviser, has filed a supplemental motion in federal court to withdraw his guilty plea.
In a filing Wednesday, Flynn’s lead attorney, Sidney Powell, said in court documents that his first legal team, Covington and Burling, failed toÂ advise him of the firmâ€™s â€˜conflict of interest in his caseâ€™ regarding theÂ Foreign Agents Registration ActÂ form it filed on his behalf, and as such â€œbetrayed Mr. Flynn,â€ she said in a defense motion.
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The retired three-star’s case is now in its finally sentencing phase. Originally, Flynn was scheduled to be sentenced in a D.C. federal court on January 28, but the judge in the case, Emmet Sullivan, rescheduled it until February 27.
That change came after Powell filed a motion on behalf of Flynn to withdraw his plea only days after federal prosecutors reversed course and asked for six months in prison. Flynn had been cooperating with federal prosecutors following his guilty plea to the process crime of lying to federal agents, but reportedly refused to go along with prosecutors and “lie” about his former business partner.
Sara A. Carter reported earlier this month:
A sentencing memo filed Wednesday by former National Security AdvisorÂ Michael Flynnâ€™sÂ defense attorney states that the Justice Department prosecutorâ€™s reversal in asking for prison time on Flynn is retribution for his decision not to testify to â€˜liesâ€™ in the case of his former business partner, whose conviction was overturned by a federal judge last year.
Sidney Powell,Â Flynnâ€™s defense attorney, asked the courts for leniency suggesting probation, instead of the current prosecutions demands to sentence Flynn for up to six months in prison for one count of lying to the FBI. …
In Powellâ€™s motion, she stated that Covington and Burling was well aware that it had a â€˜conflict of interestâ€™ in representing Flynn after November 1, 2017. She stated in the motion it was on that day, when Special Counsel prosecutors had notified Covington that â€œit recognized Covingtonâ€™s conflict of interest from the FARA registration.â€ Moreover, the government had asked Covington lawyers to discuss the discrepancy and conflict with Flynn, Powell stated in the motion.
â€œMr. Flynnâ€™s former counsel at Covington made some initial errors or statements that were misunderstood in the FARA registration process and filings, which the SCO amplified, thereby creating an â€˜underlying workâ€™ conflict of interest between the firm and its client,â€ stated Powell in the motion.
â€œIf after the briefing filed this Friday, the government continues to wrongfully on the path to sentencing, Mr. Flynn should be given probation,â€ she toldÂ SaraACarter.com.Â â€œHe is innocent of all charges, he is a national treasure, and he is a patriot. This entire prosecution is a travesty of justice and a grotesque abuse of power by the FBI and DOJ while they still hide the original 302 that shows he told the truth.â€
It was on that request that Sullivan decided to delay Flynn’s sentencing. But now, the one-time national security adviser wants his initial guilty plea tossed as well.
“The best case scenario for Flynn, is that Judge Sullivan allows him to withdraw his guilty plea, the sentencing date is thrown-out and then his case would more than likely would head to trial,” Carter reported.
Carter and others have reported — and Powell is now assessing — that Flynn was essentially strong-armed into copping a plea to one count of lying to FBI agents about a conversation he had in December 2016, during the transition phase into the White House, with Russian Ambassador to the U.S. Sergey Kislyak.
Others who are close to Flynn have corroborated his claims that prosecutors handed the case by then-special counsel Robert Mueller threatened to drag his son into the probe if the retired three-star didn’t plea. His son worked with Flynn at the Flynn Intel Group, a security firm he established after leaving the Army.
“I am innocent of this crime, and I request to withdraw my guilty plea. After I signed the plea, the attorneys returned to the room and confirmed that the [special counselâ€™s office] would no longer be pursuing my son,” Flynn says via his court filing.
What’s also grotesque about Flynn’s case is that while he is being prosecuted for the process crime of lying to an FBI agent, former FBI Director James Comey and his former deputy, Andrew McCabe, were guilty of the same or more serious crimes.. And yet, neither of them has been prosecuted.
In the case of Comey, the Trump Justice Department declined to prosecute him for leaking classified information — the same criminal acts Hillary Clinton got away with.
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To refresh regarding Flynn’s ‘criminal’ act:
He denied that he lied to the FBI during the White House meeting with then FBI Special Agent Peter Strzok and FBI Special Agent Joe Pientka. The meeting was set up by now fired FBI Director James Comey and then-Deputy Director Andrew McCabe, who was also fired for lying to Inspector General Michael Horowitzâ€™s investigators. Strzok was fired by the FBI for his actions during the Russia investigation. — SaraACarter.com
“When FBI agents came to the White House on January 24, 2017, I did not lie to them. I believed I was honest with them to the best of my recollection at the time.Â I still donâ€™t remember if I discussed sanctions on a phone call with Ambassador Kislyak nor do I remember if we discussed the details of a UN vote on Israel,” Flynn said.
Update: Georgetown Law School Prof. Jonathan Turley is reporting that the Justice Department has dropped its demand that Flynn serve six months behind bars. He reports: “Flynn was attempting to withdraw his plea after the Justice Department set out in what was an overtly vindictive campaign against him in court. The Flynn case remains a troubling matter for those who have followed the Russian investigation. He pleaded guilty to a false statement that seems relatively minor in comparison to false statements made by Justice officials like Andrew McCabe or leaks by figures like James Comey.”
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