We have closely followed developments in the prosecution of former Trump National Security Advisor Michael Flynn, set up by James Comey and others in the early days of the Trump administration. Having pleaded guilty to one count of making false statements to the FBI, General Flynn moved for dismissal of the case on the ground of egregious government misconduct. That motion having been denied, General Flynn has moved to withdraw his plea and filed a sworn statement in support of the motion. The current motion is premised on ineffective assistance of counsel.
In response, the government has sought to stay the sentencing schedule and asked for permission to obtain evidence from Flynn’s former lawyers. Talking Points memo has posted the government motions and Flynn’s responsive memorandum here. Current Flynn counsel Sidney Powell seeks to work out the issues regarding Flynn’s waiver of attorney-client with the government. Something’s gotta give.
TPM reports that Judge Sullivan granted the government’s motion to set the current sentencing briefing schedule aside and “also took up Flynn on a suggestion, made Sunday evening in a court doc, that his attorneys and prosecutors try to come up with their own agreement on waiving attorney-client privilege. Sullivan is giving them until Feb. 24 to do so.”