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