Michael Flynn Withdraws Guilty Plea – Cites DOJ “bad faith, vindictiveness and breach of plea agreement”…

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 linkPDF embed link below)

This is good news.  Withdrawing the plea will now force the government to prove its case.

(link to cloud pdf)

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:

.

This entry was posted in 4th Amendment, 6th Amendment, Abusive Cops, AG Bill Barr, Big Government, Big Stupid Government, Conspiracy ?, Decepticons, Deep State, Dept Of Justice, Donald Trump Transition, FBI, media bias, Notorious Liars, propaganda, Uncategorized. Bookmark the permalink.

266 Responses to Michael Flynn Withdraws Guilty Plea – Cites DOJ “bad faith, vindictiveness and breach of plea agreement”…

  1. trapper says:

    I would not hold my breath for a favorable ruling from this judge. I fully expect him to deny the motion.

    Liked by 10 people

    • Derek V says:

      I was just going to say that too. These swamp creatures are brazen and shameless. They really are asking for a reckoning. I honestly am beginning to think that’s what it must come down to, unfortunately.

      Liked by 1 person

    • WES says:

      Trapper:. If above treeper comments above are correct it will be nearly impossible to appeal Sullivan’s denial too. If that serves the government’s best interests and limits Flynn’s options then that is what Sullivan will do.

      Like

    • John says:

      It all depends how much corruption there is behind the scene.

      Liked by 1 person

    • noswamp says:

      Sad trapper but true. The judge is nuts.

      Like

      • Les Dee says:

        Nuts caused by unchallenged power, typical of 90% of Dist Ct judges and Magistrates, fbi tools, especially DC’s district. I’d like to know when did Rozy first realize Mueller was in LaLa Land, because his Cognizance Disorder started a long time before the forced unmasking displayed in his Congressional testimony. Nobody has gotten to this point.

        Like

    • dallasdan says:

      Yep. Too much is at stake to allow a trial to expose the egregious, criminal corruption involving the DOJ, FBI, and numerous high-profile co-conspirators. The grossly biased, leftist judge cannot allow this DS ship to sink. Absent an immediate pardon from the President, Flynn is going to prison, and Powell and Flynn know it. JMO

      Liked by 1 person

    • Val says:

      You shouldn’t hold your breath anyway.

      Please stop the negativity, please!

      Like

    • hitgirl18 says:

      I would not mess with sidney powell ellis! Obvious, u r compromised and have been for years. I’m thinkin you are involved in sexual escapades with young girls! You dirty scumbag putting innocent American citizens thru hell with dirty intel agents!

      Like

      • Bob says:

        Sidney Powell and Flynn twice rejected the judges offer to withdraw from the plea deal. Instead they let everything ride on their motion for more discovery, which was then rejected. I fear that this action is too late.

        The real question is: Where the hell is Barr?! If he’s really a good guy, then he should be dropping the charges against Flynn. His silence speaks volumes, unfortunately.

        Liked by 4 people

  2. The Far Side says:

    Good for you Lt. Gen. Flynn!
    Your conviction is because you hold true to the oath you swore to. Sacrificed only for family.
    Brother…I’d follow you into battle right here and right now.

    Liked by 1 person

  3. Putting On Its Shoes says:

    Just donated $500

    We are in such deep trouble as a country that it is this hard to right the wrongs.

    Liked by 21 people

    • Dutchman says:

      With Sidney representing, I have faith that if its possible to get it appealed, and past this Judge, it will be.

      And in that event, it will go as far as it needs to, which is probably SCOTUS.

      Which means we are going to have to continue to follow this case, with our interest, our heart, and our pocketbook.

      Every donation helps, but continueing to donate is important, cause the journey to SCOTUS has many steps, and takes time.

      GO, SIDNEY!!!!

      Liked by 7 people

      • hitgirl18 says:

        Too bad Trump did not make Sidney Powell the AG! All these traitors would already be in prison!

        Liked by 2 people

        • Dutchman says:

          McConnell would NEVER have confirmed Sidney, or Rudy, or any firebreathing reformer.

          Wouldn’t even ever get out of committee.

          Like

        • Ken says:

          After the election I wondered why Trump didn’t name Rudy as AG. After a while though, I began to suspect that he told Rudy, “My game plan here is to constantly be shuffling my cabinet but you Rudy… you I’m going to need to go way deeper than a cabinet member can go, on a much Longer-term basis…”

          If that is the case, then maybe Trump didn’t appoint Sidney Powell for the same kind of reason: “Sidney, you’d be an awesome AG, but I’m going to need you on the outside for something much further-reaching and much longer-term.”

          Liked by 4 people

  4. Paul Cohen says:

    Headline is wrong — Flynn cannot currently “withdraw his guilty plea” — it is a legal MOTION to the judge to be allowed to do so. BIG difference because Judge Sullivan can choose to deny the motion. Let’s hope Sullivan will do the right thing but who knows??

    Liked by 1 person

    • theasdgamer says:

      There’s always an appeal and that bodes favorably for Flynn. Sullivan will have to explain himself to higher courts if he refuses to allow the defendant to withdraw his plea.

      Lower courts have guidelines set by higher courts and judges will get their hands slapped if they don’t abide by the guidelines.

      Liked by 4 people

      • Dutchman says:

        In other words, if Sullivan refuses to allow Flynn to withdraw his plea, THAT can be appealed.

        Sullivan isn’t concerned about getting slapped, or he would have signed Sidneys motion to compel the prosecutors to produce.

        This case is primed for SCOTUS, in so many ways, and could accomplish what S. Powell has been a lone voice championing against. What she calls Prosecutorial terrorism.

        Its actually easier to cite the Amendments the prosecutors didn’t violate. SCOTUS bound would do much to stop this crap in its tracks.

        Could be as momentous as Az. vs. Miranda.

        Liked by 3 people

        • hitgirl18 says:

          Turning over everthing political to scotus needs to stop! The president has executive authority that exceeds the authority of the supreme court in these instances, and he must be aloud to make those decisions and not be blindsided by political opponents lawfare nonsense, which stops him from being able to run the country!

          Like

          • Dutchman says:

            O.k., but in the case of a defendant in a,criminal case, who has been railroaded, with numerous,Constitutional rights violations, thats kinda right in SCOTUS bailiwick, and the fact he,was railroaded cause of politics doesn’t change that.

            Liked by 1 person

        • hitgirl18 says:

          Do you trust scotus with roberts? Hes another scumbag!

          Like

          • Dutchman says:

            Do I wish we had a different CJ?
            Yes.
            Do I wish Scalia was alive?
            Yes
            Do I believe the SCOTUS, as configured today,..or as configured 3-5 years from now, when the Flynn case,will most likely get there, will throw out the conviction?

            YES!

            Liked by 1 person

      • Paul Cohen says:

        Sure but you miss my point, the headline as written is WRONG. Flynn has not withdrawn his guilty plea because it is IMPOSSIBLE for the defendant to unilaterally “withdraw” a guilty plea in these circumstances.

        His lawyer makes a MOTION which may or may not be granted.

        This may seem like a quibble but it is not. The headline implies that the deed (withdraw plea) is a done deal. That is not true.

        Like

        • sundance says:

          Flynn withdrew his guilty plea. Whether that withdrawal is accepted or not is another matter entirely.

          Liked by 4 people

          • Paul Cohen says:

            Legally nothing has changed and no plea has been withdrawn. If the judge does not accept the motion then the plea has not been “withdrawn” as a matter of law. The guilty plea still stands under the law, unless or until a judge affirms it can be withdrawn. Legally, the Flynn motion is like a question to the judge (will you permit me to change my plea?”).

            It is not a done deal.

            Like

        • hitgirl18 says:

          Gen Flynn only pleaded guilty because they threatened his son and family!

          Liked by 1 person

    • old white guy says:

      It is still being withdrawn on paper and the judge now has to sh-t or get off the pot.

      Like

  5. joeknuckles says:

    This on the same day that Michael Avenatti (aka creepy porn lawyer) gets arrested again.

    Liked by 5 people

  6. babrightlight says:

    Not a lawyer, but…

    if a person pleads guilty based on a recommended sentencing and then the Gov’t changes the agreed upon sentencing, then logically the defendant should be able to change his/her plea.

    Since the Judge threw out the FARA case for the other defendant, his hands were tied with regard to Flynn’s guilty plea, but now Flynn is requesting to change his plea, true justice would be to throw it out in the case of Flynn.

    Is there no one honest in DC anymore?

    Liked by 5 people

  7. Retired IG says:

    That General Flynn withdrew his guilty plea speaks VOLUMES about the integrity of his character. As I recall from my history it was another Great General, George Washington who said “I cannot tell a LIE” Or in today’s legal parlance – blackmail /blacklist/rob me of the integrity and HONOR I HAVE EARNED by claiming I told you one.
    Don’t care who Judge Sullivan is. Snort. I’d be praying to the porcelain Buddha for the next few days or weeks. Imagine someone claiming they did not LIE? So REFRESHING.
    General Flynn and Sydney Powell don’t need my prayers but I’m sending them anyway. I will send the visuals that great good will come from this.

    Liked by 5 people

  8. Val says:

    Reading certain things can be disheartening.
    One thing I’ve noticed about President Trump is that he’s never gloomy and negative. The man has been under so much pressure, but he’s always upbeat and looking for a better outcome.

    We could learn from him. We need faith and courage.

    Liked by 15 people

  9. It just continues to astonish me that this whole thing is being pursued against a Lieutanant General of our United States Army, who served his country at the head of his command in actual combat.

    I therefore do wonder what any of these lawyers would actually do, if they too were forced to grip the stock of a machine gun in their hands as they prepared to charge beyond that wall in the service of their country …

    Liked by 5 people

    • Mr e-man says:

      Prospective Ukrainian Defense Minister Vindman also served his (other) country.

      Like

    • A Lieutenant General is a 3-star general, greater rank than a Major General (2 stars); one star is a Brigadier General. Why they gave the name “Major” general to the lesser rank, and “Lieutenant” general to the higher (and “Brigadier” is just silly, /s), is one of those clues to the omnipresent eccentricity of the military, that should make any citizen wary of their competence, which of course blends into the political idiocy (or idiotic politics) in the higher officer ranks.

      The point is, if you want to impress people (like me, who was an Army Spec 5 after just 17 months in — hoo wah) with Flynn’s rank, using “3-Star General” is better than “Lieutenant General”.

      Like

  10. noswamp says:

    Sullivan does not care about the Appeals Court. But he does care about the Supreme Court.

    Like

  11. Αrtemisia says:

    If motion to withdraw is denied, in the very least it sets up good grounds for an appeal

    Like

  12. WSB says:

    So, with new discovery…will we find out about Flynn’s own attorneys screwing him with the FARA forms, or Rosenstein screwing Flynn over his son?

    Liked by 3 people

    • Maquis says:

      We can so pray!

      Liked by 1 person

    • Dutchman says:

      Sure think so. Sidney pointed out the conflict of interest with the first law firm, and that it was unwaivable.

      Means,Flynn, even if he was advised by those,attorneys of their conflict of interest, and said he was “o.k.” with it, doesn’t matter!

      And both those lawyers, and the Prosecutors had to know that.

      He has lots of grounds to appeal, and in Sidneys great, easy to read filings, she built solid foundations.

      Her filings are “easy on the eyes”, an old fashioned expression for a beautiful woman, and seems fitting for beautiful filings! After all, I’m old fashioned!

      Liked by 5 people

  13. jmuniz1 says:

    Its our country our President has rebuilt the military and many other things. Those votes go to him. Imagine if Clibton or Jeb had won. After the next election everything will come out. Its a great tine to be alive and a Republican. Our President set a world record of votes his viters wont abandon him. Dems are to far left. Enjoy your life. The onky thing that can stop him in we the people. There is a lot of Bad people. He is gettibg rid of them. After he is gone he will rin hiis own canidates. Hes the incumbent now. We need to help him by gettibg Congress back and the Senate. Its good not to see Obama in the oval office. Evrryone loves our President . Trump 2020

    Liked by 5 people

  14. Mr e-man says:

    Tough call. Probably the right call. A veteran has to step up again and put his life on the line.

    The deep state will fight to the end.

    Is Flynn the first wounded but the first to penetrate the deep state blockade?

    He does have a pardon for a possible lifeline.

    Liked by 2 people

    • lftpm says:

      Hillaree won the popular vote via illegal immigrants, dead people and multiple votes per person. Without them, she got maybe 60 million legal votes. Trump won the legal popular vote.

      California votes gave Hillaree the popular vote, where she won 66-33%. This time, I predict that PDJT will hold a half-dozen of his mega rallies in Cali, to encourage Republican voters to go to the polls this time–in 2016 he did not do this.

      My prediction is, this time he will win both the EC AND the popular vote. In Cali, even with election fraud, he will either win, or else lose by no worse than 53-47%.

      Like

  15. H.M.P.D. says:

    A little off topic here but….does anyone know about JEFF SESSIONS signing off on the URANIUM 1 DEAL…along with Crooked Hillary and the others in that group? The document is out there…and it clearly showed Sessions signature agreeing to Uranium 1 with Russia. Perhaps that is why Session’s joined Trump immediately? To me it shows he was in on the COUP from day one! WHY doesn’t anyone ever bring up this fact??? It explains why Sessions was such a piece of shit traitor as AG. Just sayin….

    Liked by 1 person

    • noswamp says:

      HMPD, good point.

      Like

    • BitterC says:

      I doubt Sessions signed off on Uranium one. The Senate doesn’t appear to play any role in CFIUS stuff & I don’t think he ever chaired a Senate committee

      Would love to see the document if there is one

      Liked by 2 people

    • lydia00 says:

      Sessions hired Rosenstein despite all of his deep State links to Hillary. Then session hands over the keys of the kingdom to him when he recused himself needlessly.

      And we have a ton of Republicans out there that are still under his spell. The fact that at his age and after his horrible leadership performance he will not get out of politics says it all. Mr. Magoo has a massive ego.

      Like

  16. hawkins6 says:

    I hope victory is on the horizon for Gen. Flynn and Sidney Powell.

    Liked by 3 people

  17. dayallaxeded says:

    About dayum time! I hope Flynn & counsel go for the jugular, carotid, and aorta on this. DOinJ had every opportunity to make this right, but stayed with the devil they knew. Time for them to feel the wrath of the angel they rebuffed and the fire of their true leader’s hell!

    Liked by 2 people

  18. Liberty ONE says:

    IF Judge Sullivan denies this instant Motion to Withdraw Gen Flynn’s plea, he KNOWS it WILL be appealed and then he gets sucked in further in this debacle as in all likelihood he WILL be reversed.However, I believe he does NOT want this to go to trial as it WILL expose the criminality on part of the DOJ ergo the possible decision to permit withdrawal of the plea and subsequent DISMISSAL. IF it goes to trial you know who are going to be called as hostile witnesses for the defense.

    Liked by 1 person

  19. tav144 says:

    This isn’t a win until the motion is granted. And these are almost always denied. ☹️

    Like

  20. I’m confused, why didn’t Ms.Powell do this immediately when she took the case? I mean who cares about the Brady material, etc? He was threatened/forced to plead guilty, why didn’t they just withdraw the plea, ask for a change of venue, a change of judge and go to trial. She could call all those people who created this scam and expose them through testimony in Court. Am I looking at this the wrong way or is it that simple…

    Like

    • tav144 says:

      Because requiring the government to turnover Brady material would have the effect of not only revealing the corruption with possible legal implications to those involved, but end with a dismissal with prejudice, ending the prosecution.
      Fallback plan is to withdraw the plea (if granted), but the prosecution is still active. It’s at least a way to start over your defense with new counsel and new strategy. But to even get there, the motion to withdraw the plea has to be granted.

      Like

      • Ok, but again, if he was allowed to withdraw plea back when she took over(she could have implied poor representation, which makes sense), then get all the info he needs by examining witnesses. Push for Brady during the process…

        Liked by 1 person

      • Dutchman says:

        tav144,
        Excellent succint answer! Either your a lawyer, or you go to the head of the,class for paying attention in CTH’s Law 101 class, which is taught here, in addition to Sundance basic and advanced Econ classes!

        Liked by 1 person

  21. dallasdan says:

    I anticipate that if, somehow, a trial eventuates after a successful appeal of Sullivan’s refusal to grant Powell’s motion to withdraw the plea, the charges will be dropped to avoid the exposure of the wide-spread and continuing corruption in the FBI and DOJ. That will be the only way the Barr/Wray cabal keeps its cover. JMO

    Like

  22. OmegaManBlue says:

    Very high risk move to try on judge that said Flynn sold out his country and accused his lawyer of plagiarism in a filling. I am still of opinion Sidney misread Sullivan due to the book she wrote on him. No where do I get that Sullivan wants Flynn to fight this. Guessing the judge is going to think he is being given bad advice by counsel.

    Even best case scenario I can see is judge allows Flynn to withdraw plea but he then is hit with more charges. He will then have to likely face DC jury with a angry prosecutor. He may have new judge but that judge may not force prosecution to turn over material that may or may not exist. That judge will also know how Flynn and his lawyer wasted the court and the prosecutors time.

    Liked by 1 person

  23. Didn’t Sullivan request then strenuously request for Flynn to declare his innocence and withdraw his plea last Fall? And when Flynn refused to withdraw, that’s when Sullivan yelled at Flynn about being a traitor? I could be remembering it wrong, but I thought Powell was taking a huge gamble to seek the Brady & dismissal, going against the judge’s recommendation to withdraw and retry.

    Like

    • OmegaManBlue says:

      He asked if he wanted to withdraw and said he sold out same day. He also put in standing order to turn over all Brady then Sidney asked for Brady material and didn’t seem to care.

      Like

  24. Paul Cohen says:

    POTUS Trump has re-tweeted Mike Flynn defense fund and passage about motion to withdraw guilty plea !!!!!!

    Liked by 3 people

  25. Jeffrey W. Lee says:

    To the only Judge that matters….Pray for Lt.Gen Michael Flynn, his family, his council, and Our Nation.

    Liked by 1 person

  26. Paul Cohen says:

    Hans Mahncke

    @HansMahncke

    This is as close as you can get to saying that Gen Flynn’s old lawyers colluded with the Mueller crew to sell their client down the river without using those words.

    6:30 PM – 14 Jan 2020

    Liked by 1 person

  27. I sure hope Gen Flynn get’s free ,👏

    Liked by 2 people

  28. lydia00 says:

    Is there a process by which to move the venue stating that Flynn cannot get a fair hearing in DC.

    Liked by 1 person

  29. CharterOakie says:

    Maybe it’s finally the ideal time for LTG Flynn (R) and counsel to pull the pin and toss this grenade into the DOJ/FBI bunker.

    Liked by 1 person

  30. namberak says:

    The headline made me think of the ill-fated Raymond J. Donovan, Reagan’s first secretary of labor who was indicted on a phony charge and wasted two years and untold millions before he was exonerated. After the trial was over he was asked how he felt, by the NYT I think, and replied, “Which office do I go to to get my reputation back?”

    Liked by 1 person

  31. 6x47 says:

    This is all technical legal maneuvering. It was a really bad misstep by Flynn and his former counsel to allege prosecutorial misconduct but then refuse to pull the trigger on withdrawing the plea, which angered the Judge. This is all coming very, very, very late in the process. The ship has not only sailed, it’s over the horizon and preparing to enter the destination port.

    I only hope Judge Sullivan grants the motion.

    Liked by 1 person

    • gary says:

      i suppose the only reason flynns original attorneys didn’t pull the plea was because then they would be targets in the fara debacle because they helped flynn fill out the app. i choose to believe the judge is going to give flynn his chance in a trial. an appeal surely will,if flynn can appeal. and i still choose to believe that barr is letting these cucks hang themselves,inside the DOJ.

      Like

    • Clara says:

      The sentencing itself is coming very very very late. This is not Flynn’s fault. It is Mueller and the judge who have been playing games with this fake case from day one. The constitution guarantees Flynn the right to a speedy trial and to face his accusers. To date he has had neither. Sullivan is, above all else, an extremely lazy man. Now he has a choice: Drop the case or let it go to trial. He won’t do either because both options would require real work for him. I suspect he will now just throw Flynn in prison for as long as possible, in the hope that he can continue sitting on his lazy ass and doing nothing for a living. Either way, though, he will end up a miserable old man because he’s led a miserable life.

      Liked by 2 people

      • Clara- disagree about one point. Sullivan is not going to end up a “miserable old man.”

        Like all of these high level criminals with guns, badges and/or robes, he will have a 6 figure pension and other benefits that those of us non-Swampers can only dream about.

        Just like your local teachers, school administrators, cops and other Govt. workers. They live in a different world than we do. And the higher up the food chain they are, the more they profit from “public service.”

        Like

  32. jbrickley says:

    I fully expect this judge to deny the change in plea and finish with his sentencing. Then I would hope they appeal but in the meantime, Trump could just commute his sentence or pardon him fully. However, the timing of that may take a while, like after he’s re-elected. I feel bad for Flynn he was shafted repeatedly and violently. He’s gotten a very raw deal every step of the way.

    Liked by 1 person

  33. dwpender says:

    DOJ may not oppose Flynn’s motion. After all, DOJ contends Flynn breached his cooperation duties under the plea agreement and that, as a result, the prosecution is relieved of ITS duties re sentencing recommendations. Let’s wait and see.

    If DOJ opposes the motion, IMO it would be a palpable abuse of discretion for Sullivan to deny the motion without holding an evidentiary hearing. A key issue would then be what witnesses Powell is allowed to call. She will surely at least seek to subpoena Strozk and Pientka. (The prosecution could never make its case on the merits without their testimony.) Imagine those cross-examinations!

    I believe that if Strozk is compelled to testify, he will invoke the 5th. If so, Flynn walks.

    Like

  34. Rich Gorman says:

    I will not repeat my personal experience in Florida ( including the highest level of the Florida BAR BOG ) with the arrogant acceptance and approval of malicious prosecutor misconduct via my 2006 /07 /08 BAR COMPLAINT. The BAR organizations exist to protect lawyers. Period. Any stories concerning prosecutorial cheating , malfeasance , misconduct , corruption , etc. Should be placed side by side with other NOT surprising announcements such as ” WATER IS WET ” !

    Like

  35. Margot Cleveland has a simplified article on this topic that makes it easier to understand Sundance’s piece. I’m sure that she’s a regular at CTH.

    https://thefederalist.com/2020/01/15/new-evidence-in-michael-flynn-case-shows-government-prosecutors-pushed-him-to-lie/

    Liked by 1 person

  36. askandgettruth says:

    why in the hell did he go with the most corrupt law firm in DC. he must have trusted a big fat swamp rat, sad very sad. same thing is being done to trump

    Like

  37. MitchRyderDetroitWheels says:

    They own the Judges. The General is in a world of sh*t.

    Like

  38. Hans says:

    I keep on reading if the FBI is shown corrupted then all FBI convictions could be appealed.

    I believe we no longer have an option. This Tyranny needs to stop and the perps walked in front of cameras. It’s the only way this can end and the only way to save this republic.

    Like

  39. TwoLaine says:

    Sidney was on Lou Dobbs last night. It was much more exciting than the funeral procession and burning of the U.S. Constitution put on by the DIMs.

    Like

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s