Today, the DOJ filed its new sentencing memorandum in @GenFlynn's criminal case (where he has pled guilty).
Key takeaway - DOJ has changed its mind and decided that Flynn did not provide "substantial assistance" to prosecutors, and wants a prison sentence of 0-6 months.
THREAD
Key takeaway - DOJ has changed its mind and decided that Flynn did not provide "substantial assistance" to prosecutors, and wants a prison sentence of 0-6 months.
THREAD
@GenFlynn Why is DOJ mad? Well - they were prosecuting General Flynn's former business partner at the Flynn Intelligence Group for various federal crimes.
Rafekian was convicted by the jury - but the judge THREW OUT the conviction for lack of evidence.
Embarrassing!
Rafekian was convicted by the jury - but the judge THREW OUT the conviction for lack of evidence.
Embarrassing!
@GenFlynn Prosecutors argued that Flynn's shop did some lobbying/PR work at the Turkish government's behest.
Judge noted that at trial, the prosecutors presented zero evidence that the Turkish government was involved.
Strange, right? Seems like an important point to prove!
Judge noted that at trial, the prosecutors presented zero evidence that the Turkish government was involved.
Strange, right? Seems like an important point to prove!
@GenFlynn And here's another weird point - General Flynn was perfectly happy to testify to the Turkish government's involvement!
That was the substance of his "substantial cooperation" with the government, and it was revealed in his grand jury testimony!
That was the substance of his "substantial cooperation" with the government, and it was revealed in his grand jury testimony!
@GenFlynn Despite this, General Flynn was never called to testify in the Rafekian trial.
And then the prosecutors lost - PRECISELY because they didn't have General Flynn's testimony.
So why didn't the prosecutors call General Flynn?
And then the prosecutors lost - PRECISELY because they didn't have General Flynn's testimony.
So why didn't the prosecutors call General Flynn?
@GenFlynn Well, the prosecutors accuse General Flynn of "changing his story" about Flynn Intelligence Group's FARA filings after retaining @SidneyPowell1.
Because he changed his story, prosecutors argue, they had to make a "rational, strategic decision" not to have @GenFlynn testify.
Because he changed his story, prosecutors argue, they had to make a "rational, strategic decision" not to have @GenFlynn testify.
@GenFlynn @SidneyPowell1 Nonsense! As @SidneyPowell1 explained in her briefing - and proved with contemporaneous notes - it was the prosecutors who were demanding a changed story!
Flynn did NOT plead to *knowingly* lying in the FARA statement - yet prosecutors demanded he testify to the contrary!
Flynn did NOT plead to *knowingly* lying in the FARA statement - yet prosecutors demanded he testify to the contrary!
@GenFlynn @SidneyPowell1 Here's a tweet with the relevant portions of Flynn's plea agreement.
Notice that with regard to false statements re: Russia, the agreement includes an admission to *knowingly* lying.
That wasn't in the FARA count!
Notice that with regard to false statements re: Russia, the agreement includes an admission to *knowingly* lying.
That wasn't in the FARA count!
@GenFlynn @SidneyPowell1 But here's the really galling thing - this shouldn't have mattered!
Federal prosecutors asserted REPEATEDLY that Flynn was not a co-conspirator with Rafekian.
Why would they want testimony that flat-out contradicted their own assertions?
Federal prosecutors asserted REPEATEDLY that Flynn was not a co-conspirator with Rafekian.
Why would they want testimony that flat-out contradicted their own assertions?
@GenFlynn @SidneyPowell1 Moreover, Flynn was still ready and willing to testify to the Turkish government's involvement with the Flynn group's project.
That should have been reason enough for the prosecutors to call him, and allow him to testify against Rafekian.
That should have been reason enough for the prosecutors to call him, and allow him to testify against Rafekian.
@GenFlynn @SidneyPowell1 But, to the prosecutors, no matter. Angry about Flynn's refusal to *falsely* admit to knowingly lying on the FARA statement, they refused to call him.
Now they are accusing him of "undermining" the prosecution.
Utter nonsense.
Now they are accusing him of "undermining" the prosecution.
Utter nonsense.
@GenFlynn @SidneyPowell1 And, sadly, there's not much anyone can do about this abuse of prosecutorial power.
The question of whether General Flynn offered "substantial assistance" is left solely to the prosecutors.
The judge can't second-guess them.
The question of whether General Flynn offered "substantial assistance" is left solely to the prosecutors.
The judge can't second-guess them.
@GenFlynn @SidneyPowell1 It's time to put this charade to an end.
Federal prosecutors have been railroading a respected general for years.
Enough.
President Trump, PARDON MICHAEL FLYNN.
Fin.
Federal prosecutors have been railroading a respected general for years.
Enough.
President Trump, PARDON MICHAEL FLYNN.
Fin.
