“A motion by Michael Flynn to withdraw his guilty plea based on government misconduct is likely in the works,” declared The Federalist’s Margot Cleveland on Friday.
Judge Emmet G. Sullivan issued a so-called “Brady” order on Friday in United States v. Flynn that Cleveland, a lawyer, says “likely” stands as an indication that the former Trump national security advisor is looking to withdraw his guilty plea based on government misconduct.
Flynn was charged with lying to the FBI during the Mueller probe on November 30. The former Trump advisor pleaded guilty on December 1 before federal judge Rudolph Contreras, but less than one week later, the case was reassigned under Judge Sullivan.
“On the surface, Friday’s order seems inconsequential, but in comparing the December 12, 2017, version to the February 16, 2018, version, one substantive change stood out,” explained Cleveland.
Here’s what she noticed: “The revised version added one sentence specifying that the government’s obligation to produce evidence material either to the defendant’s guilt or punishment ‘includes producing, during plea negotiations, any exculpatory evidence in the government’s possession.'”
This add-on is significant, she argues, because it “indicates that, if the government did not provide Flynn material evidence during plea negotiations, Flynn has grounds to withdraw his plea.” – READ MORE
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