Michael Flynn Withdraws Guilty Plea, while Justice Department Hedges on Jail Time

Jan. 30, 2020 (EIRNS)—On Wednesday, former National Security Adviser Lt. Gen. Michael Flynn (ret.) formally withdrew his guilty plea, while simultaneously asking Judge Emmet Sullivan to dismiss the charges against him on the basis of “egregious government misconduct.” In a short declaration, General Flynn stated, “I did not lie to them,” with respect to an interview conducted at the White House by FBI agents Peter Strzok and Joe Pientka. He also stated that Special Prosecutor Robert Mueller’s attack dogs were threatening to indict his son, a threat which was withdrawn with his guilty plea.

Judge Sullivan previously denied a motion for exculpatory material filed by Flynn, using the legal peg that Flynn had not withdrawn his guilty plea. In Flynn’s initial sentencing hearing in December 2018, Judge Sullivan had flagged his extreme hostility and bias toward Flynn by claiming Flynn had “sold out his country,” and threatening a jail sentence, despite the fact that Flynn was not charged with treason or anything remotely resembling it, and that even the Special Prosecutor had recommended probation.

Flynn’s motion demonstrates egregious government misconduct by citing, inclusively, misconduct identified in DOJ Inspector General Michael Horowitz’s report on which the case against him was based.

In a filing simultaneous with Flynn’s new papers, the DOJ now hedges on its previous call that Flynn receive a six-month jail sentence from Sullivan at the very least. Citing Flynn’s record of long service to the United States, the DOJ brief still remains spiteful, but represents a retreat, stating that probation should very much be considered by Sullivan, and that probation had been imposed in many other false statement cases.