The Department of Justice backed down from seeking jail time Wednesday and made clear that prosecutors would accept mere probation in the case of former Trump National Security Adviser Michael Flynn — a shift that comes as Flynn moves to withdraw his guilty plea leveraging accusations of government misconduct.
Just weeks ago, the DOJ said it would seek up to six months of prison time for the retired Army lieutenant general who spent just 24 days at his post in the Trump administration. Represented by an aggressive new attorney, Flynn days later had moved to withdraw his guilty plea for making false statements to two FBI agents in 2017 — statements that eventually wrapped him up in former Special Counsel Robert Mueller’s investigation into Russian interference in the 2016 election.
“In truth, I never lied,” Flynn wrote in a new supplemental motion to withdraw his guilty plea filed Wednesday. “My guilty plea has rankled me throughout this process, and while I allowed myself to succumb to the threats from the government to save my family, I believe I was grossly misled about what really happened.”
Flynn also blamed his former lawyers for providing him with bad information that led him to plead guilty.
“One of the ways a person becomes a 3-star general is by being a good soldier, taking orders, being part of a team, and trusting the people who provide information and support,” Flynn wrote. “Lori and I trusted Mr. Kelner and Mr. Anthony to guide us through the most stressful experience in our lives, in a completely incomprehensible situation. I have never felt more powerless.”
While the DOJ’s stance is technically the same — it is seeking a sentence of zero-to-six months — the department’s new filing makes clear that it would not oppose a sentence imposing zero jail time if that is what the judge decides. – READ MORE