5 Ways Michael Flynn’s New Lawyer Could Expose More About Spygate

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The Federalis

Let’s start with a quick review. On November 30, 2017, Special Counsel Robert Mueller charged President Donald Trump’s former national security advisor, Flynn, with lying to FBI agents about conversations he had in December 2016 with the Russian ambassador, Sergey Kislyak. The next day, Flynn pled guilty to the offense, pursuant to a plea agreement before federal judge Rudolph Contreras.

Less than a week later, for a still-unexplained reason, Flynn’s case was transferred to Judge Emmet Sullivan. Shortly after the case was transferred, Sullivan entered a standing order in the case directing “the government to produce to defendant in a timely manner—including during plea negotiations—any evidence in its possession that is favorable to defendant and material either to defendant’s guilt or punishment.” Sullivan further ordered the government, if it “has identified any information which is favorable to the defendant but which the government believes not to be material,” to “submit such information to the Court for in camera review.”

After pleading guilty on December 1, 2017, Flynn continued to cooperate with the special counsel’s investigation into possible collusion with Russia—a hoax, as we now know. After more than one year of cooperation, Flynn appeared before Sullivan on December 18, 2018, for sentencing.

‘You Sold Your Country Out’?

At that hearing, Judge Sullivan drilled Flynn’s attorneys on whether their client had truly accepted responsibility for his crime, noting that Flynn’s sentencing memo seemed to excuse Flynn’s conduct. Sullivan also quizzed Flynn on whether he wished to withdraw his guilty plea. Flynn held fast, though, telling the court he was pleading guilty because he was guilty. Flynn also declined Sullivan’s offer to appoint an independent attorney to review his file and provide a second opinion concerning Flynn’s guilty plea.