By Jon Dougherty
(TNS) Former National Security Adviser Michael Flynn, who served less than a month in that post under President Trump, has become the poster boy for deep state abuse, but his luck may be about to turn.
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Last month, Flynn’s legal team led by former federal prosecutor-turned-DoJ whistleblower Sidney Powell filed a motion with a federal court to withdraw his 2018 guilty plea to one count of lying to FBI agents because the Justice Department â€œbreached the plea agreement and operated with bad faith,”Â accordingÂ to investigative reporter Sara A. Carter.
She noted further:
The motion states that in â€œgood faith, Gen. Flynn performed his side of the bargain. The government acknowledged this substantial cooperation both in its original sentencing memo and in its statements to the court at the December 2018 hearing.â€
Flynn had been scheduled to be sentenced February 27, but, as reported by POLITICO, that has now been postponed indefinitely:
A judge has indefinitely postponed former national security adviser Michael Flynnâ€™s sentencing on a charge of lying to the FBI as Flynn presses to withdraw the guilty plea he entered more than two years ago in a case prosecuted by special counsel Robert Mueller.
Flynn had been set for sentencing Feb. 27, but U.S. District Court Judge Emmet Sullivan announced on Monday that he was canceling the hearing â€œuntil further order of the court.â€ …
In his guilty plea, Flynn admitted lying to FBI agents about his dealings with the Russian ambassador during the presidential transition and making false statements about Trump transition officialsâ€™ lobbying on a United Nations resolution condemning Israel. Flynn also acknowledged that he signed Foreign Agent Registration Act filings that contained false statements about his work on a lobbying and advocacy project related to Turkey.
Despite Flynn’s admissions, his legal team is essentially arguing that if the government isn’t holding up its end of the bargain regarding sentencing and other agreed-upon provisions, then Flynn’s ‘admission’ shouldn’t be valid, either:
Carter noted further:
â€œIn the summer of 2019, Gen. Flynn refused to perjure himself for the prosecutors in a case against a former partner in his private business,â€ said Powell in the separate statement regarding the case of Â Flynnâ€™s ex partnerÂ Bijan Rafiekian.Â Rafiekian had been indicted on two criminal counts, including conspiracy to act as an agent of a foreign government, according to the original unsealed indictment. Rafiekianâ€™s conviction was overturned by the court citing that prosecutorâ€™s had â€˜insufficient evidenceâ€™ to prove their case.
Powell argues that Flynnâ€™s â€œrefusal to be coerced into a lie led the government to file a new Sentencing Memorandum in which it reversed course and withdrew both its representation that Gen. Flynn provided substantial assistance and its recommendation for a departure, as contractually mandated by the plea agreement.â€
â€œFor these reasons, and for further substantive and serious reasons that will be filed at a later date, Gen. Flynn has instructed his counsel to withdraw his guilty plea,â€ said Powell in the statement. â€œGen. Flynn is innocent of the charges against him. He has fulfilled his commitments to cooperate with the investigation in good faith.
The same cannot be said for the prosecution.Â We will work now to reclaim his good name for his sake and that of his family, and to help restore trust in our justice system by standing up against the scandal and abuses of his unjust prosecution.â€
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