The Department of Justice has dropped its demand for former National Security Adviser Michael Flynn to serve time under his plea agreement. Flynn was attempting to withdraw his plea after the Justice Department set out in what was an overtly vindictive campaign against him in court. The Flynn case remains a troubling matter for those who have followed the Russian investigation. He pleaded guilty to a false statement that seems relatively minor in comparison to false statements made by Justice officials like Andrew McCabe or leaks by figures like James Comey.
Only a few weeks ago, the Justice Department was demanding up to six weeks of jail time. Some of us have questioned the case for years. Prosecutors threatened to go after Flynn’s son and to bankrupt him if he continuing to assert his innocence.
Flynn broke with his prior lawyers and accused them of giving him poor advice. He now maintains that he did not lie to two FBI agents in 2017. His recent filings slam the process and the charges. He wrote “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. 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.”
The position of the Justice Department seemed wholly at odds with other cases, including the light sentences received by individuals sentenced as part of the Russian investigation. He was also the subject of a bizarre hearing with Judge Emmet Sullivan where he was accused of things outside of his charges or the record.
He is due to be sentenced on Feb. 27.