Judge Emmet Sullivan has postponed the February 27th sentencing hearing until the prosecution and Flynn’s current defense can litigate attorney-client privilege issues surrounding the DOJ effort to evaluate Flynn’s original defense presentations.
Last week the DOJ (sans Brandon Van Grack) filed a motion for an order to waive Flynn’s attorney-client privilege surrounding Flynn’s withdrawal plea and inefective/conflicted counsel claims. In essence the prosecution wants to see the background of Flynn’s original defense communications to evaluate if Flynn was compromised by his original lawyers.
The prosecution request was made in response to arguments inside Flynn’s motion to withdraw the plea. Because the issues of attorney-client privilege are sensitive, the DOJ asked the court to issue and order allowing the prosecution to penetrate the privilege.
As a consequence the DOJ asked for a postponement of the Flynn sentencing hearing until they have time to evaluate the expressed argument of Flynn’s current defense. Today, Judge Emmet Sullivan has agreed to that postponement, and set a schedule for the prosecution and defense to come to an agreement on the privilege material.
In the original motion filed last Sunday; and as a result of the arguments within the current Flynn defense arguments surrounding malicious prosecution; prosecutor Brandon Van Grack has apparently been sequestered from the current issues. It is possible Van Grack maybe a witness to any government counter-claim that malicious prosecution exists.
Politico – Prosecutors have rejected the claims of misconduct, but ina court filing on Sunday said they need more information from Flynn’s ex-lawyers in order to assess his assertion that he got inadequate assistance from them.
Sullivan set deadlines for more filings through early March, making it unlikely the retired Army general and former Defense Intelligence Agency chief will be sentenced anytime soon. The judge has said he may hold a hearing on Flynn’s request to withdraw his plea, and that could involve live testimony from Flynn and his former lawyers. (link)
Government Motion to Amend Schedule:
Government Motion for Order to Waive Attorney-Client Privilege: