Moments ago, citing prosecutorial vindictiveness and the DOJ changing their position on sentencing, lawyers for Lt. General Michael Flynn filed a motion to withdraw the guilty plea. (pdf link – PDF embed link below)
This is good news. Withdrawing the plea will now force the government to prove its case.
Prosecutor Brandon Van Grack knowingly sought to induce false statements from Flynn relating to his FARA registration. When Michael Flynn refused to lie about the FARA registration and other material matters related to his business partner Bijan Rafiekian (Flynn Intel Group), the government retaliated against Mr. Flynn.
“Only after new counsel appeared, did the government for the first time demand an admission and testimony from Mr. Flynn that he knew and intended when he signed the FARA registration form that it contained several material false statements. Not only was that demanded testimony a lie, but also, the prosecutors knew it was false, and would induce a breach.”
[…] “The government’s stunning and vindictive reversal of its earlier representations to this Court are incredible, vindictive, in bad faith, and breach the plea agreement.”
It is worth noting federal Judge Anthony J Trenga previously threw out the conviction of Mike Flynn’s partner Bijan Rafiekian (Flynn Intel Group) and granted the defendants’ motion to acquit. (link) As noted in both cases the DOJ-NSD framed their special counsel case on sketchy FARA violations and dubious legal theories.
Here’s the full filing today from Flynn:
Here’s the supplemental appendix contrasting the claims of false statements against the governments’ own previous statements, filings and declarations: