Extraordinary manipulation by powerful people led to the creation of Robert Mueller’s continuing investigation and prosecution of General Michael Flynn. Notably, the recent postponement of General Flynn’s sentencing provides an opportunity for more evidence to be revealed that will provide massive ammunition for a motion to withdraw Flynn’s guilty plea and dismiss the charges against him.
It was Judge Rudolph Contreras who accepted General Flynn’s guilty plea, but he suddenly was recused from the case. The likely reason is that Judge Contreras served on the special court that allowed the Federal Bureau of Investigation to surveil the Trump campaign based on the dubious FISA application. Judge Contreras may have approved one of those four warrants.
he judge assigned to Flynn’s case now is Emmet G. Sullivan. Judge Sullivan immediately issued what is called a “Brady” order requiring Mueller to provide Flynn all information that is favorable to the defense whether with respect to guilt or punishment. Just today, Mueller’s team filed an agreed motion to provide discovery to General Flynn under a protective order so that it can be reviewed by counsel but not disclosed otherwise.
This development is huge. Prosecutors almost never provide this kind of information to a defendant before he enters a plea — much less after he has done so. This is one of myriad problems in our justice system. As Judge Jed Rakoff wrote several years ago, people who are innocent enter guilty pleas every day. They simply can no longer withstand the unimaginable stress of a criminal investigation. They and their families suffer sheer exhaustion in every form — financial, physical, mental, and emotional. Add in a little prosecutorial duress — like the threat of indicting your son — and, presto, there’s a guilty plea.
Judge Sullivan is the perfect judge to decide General Flynn’s motion. The judicial hero of my book, Emmet Sullivan held federal prosecutors in contempt for failing to disclose evidence, dismissed the corrupted prosecution of Alaska Senator Ted Stevens and appointed a special prosecutor to investigate the Department of Justice. (Read more from “General Flynn Should WITHDRAW His Guilty Plea. His New Judge Is a Government Misconduct Expert” HERE)