Michael Flynn Wants to Scrap His Guilty Plea Ahead of Sentencing
Federal prosecutors this month said they were recommending a prison sentence of up to six months for the former Trump national security adviser.
January 14, 2020 at 09:39 PM
4 minute read
The original version of this story was published on National Law Journal
Former Trump national security adviser Michael Flynn asked to withdraw his guilty plea late Tuesday, two weeks before his scheduled sentencing for lying to investigators in the Russia probe, a move that culminated his monthslong retreat from a cooperation agreement with federal prosecutors.
Flynn, a retired Army lieutenant general, accused the government of "bad faith" and "vindictiveness" in arguing that prosecutors broke their cooperation deal with him when they recommended earlier this month he receive a prison sentence of up to six months. The prosecutors' recommendation marked a reversal of their past support for a probation-only sentence. Flynn admitted in 2017 that he lied to investigators about his contacts with Russia's top diplomat to the U.S. during the latest transition.
Flynn's defense lawyers on also asked U.S. District Judge Emmet Sullivan to delay sentencing from Jan. 28 to Feb. 27 to give prosecutors time to respond to his request to rescind his guilty plea.
Flynn fired his defense team at Covington & Burling in June and and hired a new lawyer, Sidney Powell, a former prosecutor and frequent guest on Fox News who railed against Special Counsel Robert Mueller III's investigation into Russian interference in the 2016 presidential election. Flynn's hiring of Powell signaled a pivot from a cooperative to adversarial relationship with prosecutors.
Ahead of a trial in Alexandria, Virginia, where he was expected to appear as a key witness, prosecutors said they no longer planned to call Flynn to testify against a onetime business partner who'd been charged with secretly lobbying for Turkey. Prosecutors said they could no longer trust that Flynn would tell the truth in testifying against his former associate, Bijan Kian, who was charged in connection with their past lobbying work.
In the court filing Tuesday, Flynn's defense team asserted that, in preparation for that trial, prosecutors wanted Flynn to admit he made false statements in a disclosure revealing his work for Turkey to the U.S. government. Flynn's defense lawyers called that would-be testimony "a lie."
Flynn's lawyers lambasted the government's retreat from its earlier support for a non-prison sentence. "The prosecution seeks to rewrite history and send Mr. Flynn to prison," Flynn's lawyers said in Tuesday's filing.
Prosecutors said in their sentencing memo that Flynn "monetized his power and influence over our government, and lied to mask it. When the FBI and DOJ needed information that only the defendant could provide, because of that power and influence, he denied them that information."
The government argued Flynn is no longer entitled to any cooperation credit for the earlier assistance he provided to the Mueller investigators.
Flynn was first scheduled to be sentenced in late 2018, but he asked for a delay after Sullivan suggested that he would hand down a sentence with prison time. His second sentencing date, in December 2019, was delayed in anticipation of the Justice Department inspector general's much-anticipated report on the Russia investigation.
The inspector general found that the FBI was justified in opening the Russia investigation but uncovered numerous missteps, including evidence that a bureau lawyer altered an email used in seeking surveillance of former Trump campaign adviser Carter Page.
Any successful effort by Flynn to withdraw his guilty plea would set up a trial in Washington federal district court, the venue for various other Mueller-related cases.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All'Water Cooler Discussions': US Judge Questions DOJ Request in Google Search Case
3 minute readDemocratic State AGs Revel in Role as Last Line of Defense Against Trump Agenda
7 minute readBig Law Communications, Media Attorneys Brace for Changes Under Trump
4 minute readTrending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250