New Evidence In Michael Flynn Case Shows Government Prosecutors Pushed Him To Lie
While this evidence provides his attorney a solid argument that the prosecution sought to push Michael Flynn to lie, that might not be enough to carry the day with Judge Sullivan.
By Margot Cleveland
January 15, 2020
Yesterday, Michael Flynn’s attorney, Sidney Powell, filed a Motion to Withdraw his Guilty Plea, arguing the government breached its obligations under the plea agreement the retired general had entered with the special counsel’s office in late 2017. Prosecutors had promised in that plea agreement to “file a departure motion pursuant to Section 5K1.1 of the Sentencing Guidelines†if Flynn provided substantial assistance to the government.
The government kept that pledge—until it didn’t.
On December 4, 2018, prosecutors working for the special counsel’s office filed a Memorandum in Aid of Sentencing, stating that the government has moved for a downward departure pursuant to Section 5K1.1, to reflect Flynn’s “substantial assistance to the government.â€
Section 5K1.1 authorizes a judge to depart from the sentencing guideline—a set of standards used to assess an appropriate sentencing range for a defendant—if the government files a motion “stating that the defendant has provided substantial assistance in the investigation or prosecution of another person who has committed an offense . . .†A court cannot depart from the guidelines under Section 5K1.1, unless the prosecution files such a motion.
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https://thefederalist.com/2020/01/15/new-evidence-in-michael-flynn-case-shows-government-prosecutors-pushed-him-to-lie/
