Michael Flynn was set to be sentenced next month for lying to the FBI but today the judge in the case decided to postpone the sentencing until after the release of the DOJ Inspector General’s report on the Russia investigation.
The DOJ and Flynn attorneys cited media reports about the timing of the IG report’s release in asking Sullivan for a delay to several fast-approaching deadlines tied to the sentencing, including a DOJ supplemental memo that’s due Monday and one from Flynn with a Dec. 10 deadline.
“Both parties share the Court’s goal to move this case along expeditiously,” the lawyers wrote.
But they told Sullivan their submissions “will be incomplete” if they have to be turned in before the judge makes a decision on Flynn’s request for the government to turn over sensitive classified materials that his lawyers claim would show he was targeted for political reasons and that prosecutorial rules were broken in pursuing him.
Flynn’s attorney, Sidney Powell, told CNBC she was looking for information that could be used to prove Flynn’s “innocence.”
“It was the logical thing to do while we wait for his order and the IG report,” Flynn’s lawyer, Sidney Powell, told CNBC in an email. “There is so much more information we need that will prove General Flynn’s innocence and the government’s misconduct.”…
Powell previously told CNBC that she plans to file a motion to dismiss the case against him “after we get the additional evidence we expect Judge Sullivan will order produced.”
Powell claims prosecutors have suppressed so-called Brady material, which is evidence that could exculpate a criminal case defendant. But the prosecutors say they have already turned over all the evidence they are legally required to give.
Flynn pleaded guilty to lying to the FBI two years ago, but after the judge in the case threatened to jail him and said, “Arguably, you sold your country out,” Flynn brought in new attorneys who began scrutinizing the government’s case.
There were some odd things about the government’s approach to Flynn. The FBI asked Flynn not to have a lawyer present or to involve the White House Counsel in the discussion with FBI agents. The agents also decided in advance not to warn Flynn about the penalties for lying to the FBI because they didn’t want him to be on guard during the questioning. There’s also the fact that the entire investigation was premised on a Logan Act violation despite the fact that no one has ever been successfully prosecuted under the Logan Act.
The treatment of Flynn was dramatically different than the DOJ’s approach to Hillary Clinton’s underlings. Cheryl Mills appears to have lied to the FBI when she claimed she didn’t know about Clinton’s private server. There’s an email in which Mills asked the people who set up Clinton’s server if the server was okay which makes it sounds as if she did know. But Mills was never charged with lying to the FBI as a way to ensure her cooperation with the Clinton investigation. She got a pass while Flynn’s career, reputation, and bank account were destroyed.