Last month, Judge Emmet Sullivan shocked me and many of my readers with a ruling that tore at the heart of Lt. Gen. Michael Flynn’s defense. The ruling read, in part, “The court summarily disposes of Mr. Flynn’s arguments that the FBI conducted an ambush interview for the purpose of trapping him into making false statements and that the government pressured him to enter a guilty plea” because “the record proves otherwise.” This mystifying ruling also denied Flynn attorney Sidney Powell’s request for “Brady” (exculpatory) evidence that she says the prosecutors have long withheld from the defense.

Then, to make things worse, about a week ago the prosecution went back on its original plea agreement with Flynn, which had called for probation, and asked Judge Sullivan to sentence Flynn to up to six months in prison. I guess they thought they had a sympathetic judge, and after his last ruling, one can see why.

That was the final straw for the defense. In breaking news late Tuesday, Flynn’s legal team has finally made it official, filing a motion with the U.S. District Court in Washington DC to withdraw Flynn’s guilty plea, citing “the government’s bad faith, vindictiveness, and breach of the plea agreement.” Powell argued that, in light of the prosecution’s reversal, “it would constitute ineffective assistance of counsel to fail to move to withdraw his plea now...” In other words, after what government prosecutors have done, she would be an incompetent attorney if she DIDN’T withdraw his plea.

It was back in 2017, during the Mueller special counsel investigation, that Flynn pleaded guilty to lying to investigators about his conversations with Russian ambassador Sergei Kislyak concerning sanctions against Russia. As has been well established, Flynn did this not because he had actually tried to mislead investigators --- the investigators themselves reported that he had shown no signs of deception during the interrogation, and Flynn knew those conversations were recorded, anyway --- but because he was financially tapped out after selling his house to pay his lawyers, and also reportedly because FBI officials had threatened to investigate his son if he didn’t go along. It should also be noted that he entered into this agreement on the advice not of his current legal team but of his original attorneys, who were later fired. They probably thought that since prosecutors weren’t asking for a prison sentence at the time, it was the best their client could do.

Flynn’s ordeal is reflected in the wording of the brief. “It is beyond ironic and completely outrageous,” Powell wrote, “that the prosecutors have persecuted Mr. Flynn, virtually bankrupted him, and put his entire family through unimaginable stress for three years.” This is no exaggeration; it’s exactly what happened to the man.

As reported Tuesday in the WASHINGTON EXAMINER, prosecutors argued on Monday that their sentencing submission was appropriate. “There appears to be no dispute as to the applicable sentencing range or that a nonincarceratory sentence would be a reasonable sentence within that range,” they wrote.

But Flynn’s legal team is having none of it. “MICHAEL T. FLYNN IS INNOCENT,” they wrote. (Emphasis mine.) “Mr. Flynn has cooperated with the government in good faith for two years. He gave the prosecution his full cooperation. He held nothing back. He endured massive, unnecessary, and frankly counterproductive demands on his time, his family, his scarce resources, and his life. The same cannot be said for the prosecution which has operated in bad faith from the inception of the ‘investigation’ and continues relentlessly throughout this specious prosecution.”

After keeping a low profile for the past several weeks, Sidney Powell appeared on Tuesday’s HANNITY show, along with investigative reporter Sara Carter and FOX News legal analyst Gregg Jarrett, to talk about this welcome new development. Powell said prosecutors were trying to get her client to lie under oath in the case of his former business partner. Flynn didn’t want to do that, she said, and she, as his counsel, would never have let him do that. Powell said that after her team spent hours presenting evidence that Flynn had been telling the truth, “they doubled down” and tried to designate him a co-conspirator.

"It’s just been one atrocity after another,” she said. “And their recent sentencing memo is just full of lies and distortions...They breached the plea agreement when they tried to withdraw their motion to recommend...probation.”

It’s up to the judge whether or not to accept the withdrawal of the plea –- “It could go either way,” Powell said –- but Powell is convinced they meet all the criteria. And this is just the first part of the motion, based on the prosecution’s breach of the agreement," she said. “There are a lot of other reasons that we’ll brief as soon as we possibly can."

We’ve been following the Flynn case all this time, from just about every angle, and no matter how you look at it, it’s a travesty. But the media have created their own narrative. Recently, after offering an update on Flynn, I received letters from a few readers –- obviously with limited knowledge of the case –- who honestly thought he deserved to go to prison because he “lied.” Here’s what I wrote to them at the time, to try to give them the larger picture, especially the reasons why he was targeted and the circumstances surrounding his so-called “lying”…

https://www.mikehuckabee.com/latest-news?id=981EE2B7-3381-42CE-8554-D27592092CC2

It’s the people who set Flynn up who are known to have blatantly lied. It’s not a simple thing to withdraw a guilty plea once it’s been made, I know, but under these extraordinary circumstances, it certainly should be allowed. This incredibly influential leader who served his country for 33 years was victimized by the very bureaucracy he had hoped to reform in his new job as Trump’s national security adviser. He made the wrong enemies and, as far as they were concerned, he had to be punished. They abused their power, and they are the ones who deserve punishment.

https://www.washingtonexaminer.com/news/michael-flynn-files-to-withdraw-guilty-plea

Devin Nunes, in a Tuesday appearance on THE INGRAHAM ANGLE, offered more information that adds weight to Flynn’s legal argument. He said that they knew “from early on in 2017” that Michael Flynn had not lied to the FBI. Nunes put it in his Intel Committee report, but that didn’t come out till 2018, after Flynn had already pleaded guilty to lying. Nunes says that for some reason, this information was redacted from his committee’s report; they fought for a couple of months to get it un-redacted. He and others told officials at “the highest levels of the DOJ” that they had been briefed by the FBI that Flynn hadn’t lied. Now Nunes is saying that perhaps “some of us need to speak on his behalf.”

Excellent idea!

Finally, although the following piece from Margot Cleveland dates from almost TWO YEARS ago –- before Powell came on –- it’s a great “refresher” for understanding what Flynn’s plea reversal could mean. It also shows how different Judge Sullivan’s recent ruling on exculpatory evidence is from the tone he set when he first got the case. So curious. There’s much irony here, knowing what we know about what has happened since.

How A Michael Flynn Plea Reversal Could Uncover Federal Corruption

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Comments 1-25 of 41

  • Michael

    01/16/2020 09:02 PM

    General Flynn was targeted by Obama & other corrupt & lying cronies willing to throw the book at General Flynn- the book of framing those who are a threat to the Deep State Swamp!! I don't have a lot of money, but like others I would donate to General Flynn's Go Fund Me account. But even more importantly I like many others want to see real truth & the snakes behind the railroading of General Flynn- be exposed and prosecuted!!!

  • Margo Haynes

    01/16/2020 03:42 PM

    Bravo to Lt. General Flynn! I never believed he was guilty in the first place. He has been and is in our prayers!

  • Helen Corey

    01/16/2020 08:29 AM

    Old soldiers never die, they just fade away. Wishing general Flynn success in his trial and fight against deep state. General Flynn is still fighting for US.

  • Deborah McCallum

    01/15/2020 10:50 PM

    Gov,
    Please stress that U.S. taxpayers must be told how much the impeachment process is costing and where the monies are coming from. One internet source was reporting today that Nancy Pelosi plans to take funds from Social Security to cover impeachment costs. Really?
    Please research & report.

  • Joyce Birch

    01/15/2020 07:00 PM

    I pray for Mr. Flynn, his family, & his attorney. It's so very sad what the FBI did to this man. Someone has to be held accountable & see how they like the role reversed. I pray for his release & the real truth be told!

  • Mary Jo Wilson

    01/15/2020 06:44 PM

    Dear Governor, I have seen so much corruption over the past few years, I question the condition of this country I love. I want to see people who are really guilty of high crimes to get charged and face prosecution for their crimes but, have little hope that I will ever see that happen. Instead it's a barrage of lies and half truths about people that the left wing crazies don't like and can't control. On a happier note, I want to thank you for keeping me informed with the truth. I always count on you and hope I can continue to do so. Thank you Sir!

  • Jerry Korba

    01/15/2020 06:27 PM

    I hope Flynn gets real Justice and is cleared of everything. Today the house along with the media stained America with its Impeachment ceremony and the half wits that conducted it. I hope the media plays it all night and tomorrow I want the Nation to see it. Remember the Japanese bombing of the Harbor a fella made this statement We just woke up a sleeping giant I think Pelosi's Harbor bombing( impeachment) will do the same waking up America to vote any and every Democrat away from any of our governing agencies. The media had a lot to do with this charade of indecency with China here the stain Pelosi put the US internationally is short of treason. I hope the country is mad as Hell with the waste of time and taxpayer money is one of the many ways the Left is trying to abuse America's resources as if the Iran money was not enough another reason to stay away from the Left. MAGA Ignore the Left.

  • Paul Kern

    01/15/2020 05:12 PM

    It seems to that based on all I've read from real news sources that the people be behind this are using a form of Lawfare, an Islamic way to undermine the laws of a non-Muslim nation. It is a Nationwide problem.
    It is about time that people grew a back one, like this lawyer has and go for the Jugular. The enemies of the country can only be defeated with the truth. We also must pray as the Master of lies is behind all this.

  • Janet pingston

    01/15/2020 04:58 PM

    He that controls the military. Controls the government. The “lower” generals have already played their hands. Going after our fighting men for “war crimes”. Whose side are they on ? Flynn was last man standing.

  • marchetta beevers

    01/15/2020 04:54 PM

    THIS IS OUTRAGEOUS!!! And what will be done “knowing what we know”....NOTHING!!!! PLEASE tell me how this can happen and the ONLY consequences come to Flynn??

  • Ruth Ferraro

    01/15/2020 04:40 PM

    We all need to pray for Michael Flynn. He was railroaded from day 1 & the abuse continues. May the Lord intervene and Michael Flynn be cleared of all wrong doing. May he also get compensation for all he & his family has endured for the past 2 years.

  • Harold Knowles

    01/15/2020 04:15 PM

    Is there a fund by which people can donate to Michael Flynn's defense and support for him and his family ?

  • Sharon K Shepard

    01/15/2020 03:58 PM

    Wonderful news!!! I pray he will be exonerated and his perpetrators will be revealed as dishonest and corrupt! Even some judges it seems...

  • roger brailer

    01/15/2020 03:46 PM

    FIGHT BACK WITH EVERYTHING HES GOT!IM SICK AND TIRED OF THESE obama SUCKY HOLDOVERS!!!!!!!!!!!!

  • linda scharenberg

    01/15/2020 03:37 PM

    I have felt along that General Flynn was set up and is not guilty of any charge. He has lost his finances and his good name. Please reconsider this man's appeal. thank you.

  • Kenneth Brack

    01/15/2020 03:10 PM

    "how different Judge Sullivan's recent ruling ... is from the tone he set when he first got the case". The enemies of our nation would not hesitate to threaten a federal judge.

  • Dow Hurst

    01/15/2020 03:07 PM

    Does Flynn need funding now? Is there a way to donate to help him out? A little bit from a lot of concerned citizens to defend and fund this patriot would be worth advertising. I have been amazed at how much Flynn was pivotal in exposing the illegal acts by our government under the Obama administration. Without his integrity and commitment to stand up against criminal acts, I doubt we would have ever known about the FISA problem, or the NSA contractors.

  • Barbara j Dwyer

    01/15/2020 02:46 PM

    Thank you Sidney Powell for being legal counsel for Flynn. It is a disgrace what our government has done to this man. A patriot and a good man taken down is a disgrace. Ms Powell thank you, thank-you!!!!!

  • Jeanine Kincheloe

    01/15/2020 01:51 PM

    Pure evil has raised its ugly head against this patriot who is devoted to this country and to truth. He knows where the bodies are buried, where the corruption is. He is also totally uncompliant with the propaganda about Muslims goals for this country. He is fearlessly truthful and righteous. He is unbending about what is best for an America that remains sovereign and under God. I pray for him, for complete vindication financially, however, 3 years of hell, how can that be recompensed?
    His whole family has suffered along with him.

  • Miguel Briseno

    01/15/2020 01:38 PM

    It's the forces of evil against the good people attacking us 24/7.

  • David Colonna

    01/15/2020 01:36 PM

    I pray and hope the judge will not be mean like last time and throw his case out of court. Please God do not allow the Judge to be on the deep states payroll or in their back pocket.

  • Charles Fikes

    01/15/2020 12:30 PM

    Great summary by Margot Cleveland. Have read Sidney Powell's book "licensed to Lie..." and it is astounding. So glad that Sidney Powell is defending General Flynn.

  • Dave Devazier

    01/15/2020 12:11 PM

    Flynn is not guilty, government should release him, pay back to him ALL expenses and apologize. Otherwise this smells awfully swampy

  • Christopher P Kelley

    01/15/2020 12:09 PM

    GOD BLESS Gen. Flynn & his current Counsel.
    This case so obviously touches on the "snags in the swamp" that needs a thorough dredging, not just a draining! The place is infested with snakes (the prosecution in this case), as well as a full crop of mosquitoes & other undesirable residents & rodents.
    LET JUSTICE BE SET FREE from the shackles of the bureautyrants who ruin Wastington for us all.

  • Kay DeWitt

    01/15/2020 11:45 AM

    Mike, as I read your presentation of Michael Flynn's story, my spontaneous response was "praise the Lord there ARE people who are willing to fight AGAINST the unrighteousness that was inflicted on this man!!"...AND......I will say it again....
    and I'll KEEP saying it...

    It's time for Christians to step up to the plate and take a stand AGAINST the unrighteousness...not only that has victimized Michael Flynn but ANYONE it has victimized.....and THE only way Christians can PROVE they love righteousness is by proving they hate unrighteousness .....via TAKING a stand AGAINST it!....which is WHY I took a stand against the unrighteousness that one godly man, by the name of Mark Harris, also became a victim of!.....AND.....AS IT LOOKS NOW...
    .......COME NEXT WEEK....

    I will be taking yet another step toward making the unrighteousness that no only inflicted pain on Mark, but also....as was true for Michael Flynn...his own family!
    But, as I stated in the comment I wrote a few days ago, our God IS a vindicator and, in HIS time, he DOES vindicate HIS righteousness so I am praying that NOW is the time God has chosen TO vindicate Mark and, BY so doing, HE will use Mark's story to bring HIM (God) the glory....which is such a heartfelt desire ON Mark's part....that God use him TO bring glory to HIM....that Mark, even before he ran for political office, stated...through tears....in a moving speech he made!