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DOJ Backs Down From Jail Time In Flynn Case


The good news keeps coming my friends!

Last night we had the historic State of the Union address, where President Trump assured the nation that “the State of this Union is STRONG!”

Today we have the expected final vote to dismiss impeachment altogether!

And now more good news to share….

It looks like the government is backing off the Mike Flynn case big time!

It used to be that they were demanding multiple years in jail.

The report out today is that they may now accept no jail time and only probation.

Here's more from the NY Post:

President Trump’s former national security adviser, Michael Flynn, filed court papers Tuesday seeking to withdraw his guilty plea — a week after the Justice Department said he deserves up to six months in jail for lying to the FBI.

In the filing, Flynn accused federal prosecutors of acting in “bad faith” and he said the feds broke their deal with him.

Last week’s jail recommendation by the Justice Department was a change of course from DOJ’s earlier stance where prosecutors said Flynn was entitled to avoid prison time for his cooperation.

In the court filing, Flynn’s defense lawyers said the Justice Department is attempting to “rewrite history” by withdrawing its recommendation that he be sentenced to probation and by suggesting he had not been forthcoming or cooperative.

“Michael T. Flynn is innocent. Mr. Flynn has cooperated with the government in good faith for two years. He gave the prosecution his full cooperation,” the lawyers wrote.

Flynn pleaded guilty in 2017 to lying to the FBI about his conversations with the then-Russian ambassador to the United States, including about his request that Russia not escalate tensions with the US in response to sanctions imposed by the Obama administration for election interference.

And also this from the NY Post:

Here’s another black eye for the Justice Department’s Obama-era leadership: The case against Gen. Michael Flynn is in full collapse.

Federal prosecutors just backed down from their demand that Flynn — President Trump’s first, short-lived national security adviser — serve jail time for lying to FBI investigators, telling a court Wednesday that probation would be a “reasonable” sentence.

In fact, Justice had long wanted leniency, since Flynn cooperated fully with special counsel Robert Mueller’s investigations. But last month it started seeking up to six months of confinement — mainly because he’s no longer taking responsibility for his crime.

“I am innocent,” he writes in a new filing, explaining that he pleaded guilty in 2017 to making false statements to the FBI because he felt helpless to fight the charges: He’d already had to sell his home to pay legal costs and was told his son could be indicted, too.

The “crime” came days after the inauguration, when FBI agents Peter Strzok and Joe Pientka questioned Flynn at the White House about his conversations with Russian Ambassador Sergey Kislyak.

Yet the FBI had already reviewed transcripts of the calls and found nothing illicit. The visit was a fishing expedition: The agents even skipped the customary heads-up to the president’s Office of Legal Counsel — aiming to avoid having a lawyer present for the talk.

Even so, Strzok and Pientka wound up finding “no indication” that Flynn had lied to them. But then FBI lawyer Lisa Page (Strzok’s mistress at the time) instructed them to alter their official writeup of the conversation to say otherwise. And that’s the entire basis of the charges against him.

This wasn’t even the only abuse of power here: Before the inauguration, National Security Adviser Susan Rice ensured that the fact of Flynn’s conversations with Kislyak would leak to the media. Then holdover Justice official Sally Yates talked up ridiculous charges that he’d violated the never-enforced, and plainly irrelevant, Logan Act.

That phony controversy forced him from office — leaving him a private citizen when the Justice Department came knocking.

Fox News confirms the positive turn in the case:

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.

In support of a potential sentence of probation, the government notes two "similarly-situated" high-ranking officials who committed similar crimes and got probation. Former National Security Adviser Sandy Berger, who stole classified information then lied about it to investigators, and Gen. David Petraeus, who was convicted of possessing classified documents he should not have had, both were sentenced to probation.

It was not clear why the Justice Department appeared to soften its position, though prosecutors did suggest Flynn deserves credit for his decades-long military service.


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