Donald Trump's former security advisor Michael Flynn seeks to withdraw guilty plea

Ex-Trump aides Gates Flynn subpoenaed to testify to Congress

Ex-Trump aides Gates Flynn subpoenaed to testify to Congress

President Trump's former national security adviser, Michael Flynn, filed court papers Tuesday seeking to withdraw his guilty plea - a week after the Justice Department said he deserves up to six months in jail for lying to the Federal Bureau of Investigation.

Flynn ("Mr. Flynn") hereby moves to withdraw his plea because of the government's bad faith, vindictiveness, and breach of the plea agreement.

The judge, Emmet Sullivan, ordered Mr Flynn to appear for sentencing on January 28, concluding that he had failed to prove a single violation by the prosecution or Federal Bureau of Investigation officials for withholding evidence that could exonerate him.

"These moves nearly always backfire", former federal prosecutor Elie Honig wrote of Flynn's strategy. The U.S. had previously been content with a probationary sentence.

Flynn is now asking to withdraw his guilty plea, which would result in more charges being brought against him, according to The Times. In court, Flynn twice admitted his guilt and acknowledged he knew what he was doing and wasn't under pressure when he entered his plea. A judge must approve any change of plea.

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The Washington Examiner notes that Flynn "was one of handful of people connected to the Trump campaign who were targeted by the FBI's counterintelligence investigation, Crossfire Hurricane". The president can pardon him.

Flynn had pleaded guilty to lying to the Federal Bureau of Investigation about holding conversations with former Russian Ambassador to the United States Sergey Kislyak, including regarding prospects for lifting USA sanctions imposed on Russia.

Although similar attempts to portray her client as the victim of political persecution were shot down by U.S. District Judge Emmet Sullivan as baseless, Flynn's attorney Sidney Powell once again bet Flynn's fate on the theory that there was a government conspiracy against him. Flynn affirmed that he was.

Prosecutors said in a filing last week that Flynn violated his plea deal and attempted to "undermine" the prosecution of his former business partner. Flynn's lawyers rejected the government's characterization in their new filing. If judge allows withdrawal, Flynn goes to trial. It's unclear whether the judge will agree. Mr. Flynn has cooperated with the government in good faith for two years.

In a filing last week, prosecutors said actions and comments by Flynn and his lawyer since his last sentencing hearing in 2018 "negate the benefits of much of the defendant's earlier cooperation".

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