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Former Trump national security advisor Lt. General Michael Flynn, a casuality of Russiagate accused of lying to investigators about communications with Russia, is not throwing down the towel yet.
His prosecutor Sidney Powell has alleged that prosecutors of Flynn witheld evidence, including FBI 302s, that would exonerate him.
Speaking through her in a filing, Flynn now says that he will ask a federal judge to throw out the criminal charges against him, citing “egregious government misconduct and in the interest of justice.”
The filing also stated, “the government engaged in conduct so shocking to the conscience and so inimical to our system of justice that it requires the dismissal of the charges for outrageous government conduct.”
Take a look at the breaking news that just hit Twitter:
CNBC has more on this:
President Donald Trump’s former national security advisor Michael Flynn will ask a judge to dismiss the criminal case against Flynn because of “egregious government misconduct and in the interest of justice,” a court filing on Monday revealed.
Flynn pleaded guilty in December 2017 to a single count of lying to the FBI about the nature of his discussions with Russia’s ambassador to the United States after Trump’s election as president.
He is awaiting sentencing in the case in U.S. District Court in Washington, D.C. His original sentencing hearing last December was postponed after Judge Emmet Sullivan indicated that he might well send the fallen Army lieutenant general to jail, saying “arguably you sold your country out.”
Flynn was asked to resign by Trump after less than a month on the job because he had misled Vice President Mike Pence about what was said with the Russian ambassador.
In their filing Monday, Flynn’s lawyer Sidney Powell asked Sullivan to order federal prosecutors to give Flynn evidence that he believes would exonerate him in the case, which the lawyers said has not previously been disclosed.
The Washington Times added:
President Trump’s former National Security Adviser Michael Flynn said Monday he will ask a federal judge to dismiss the criminal case against him because of “egregious government misconduct.”
Flynn, who pleaded guilty in December 2017 to one count of lying to investigators about his conversations with Russia’s ambassador to the United States, is scheduled to be sentenced in December.
In the most recent filing, Flynn’s attorney Sidney Powell alleged that federal prosecutors have withheld previously undisclosed evidence that could exonerate her client.
“The government engaged in conduct so shocking to the conscience and so inimical to our system of justice that it requires the dismissal of the charges for outrageous government conduct,” Ms. Powell wrote.
She said Flynn intends to file a motion asking the court to dismiss the charges “at the appropriate time.”