People seem distracted by other events, but Michael Flynn's defense team offered rare window today into his decision to plead guilty in Mueller probe. Weeks before he pled, his lawyers said they saw no 'significant' criminal exposure from his FBI interview politico.com/news/2020/01/2…
Also defense insisted or discussed insisting that Flynn would not consider pleading guilty to a felony, which he soon did. They also dismissed as 'nothing to worry about' concerns abt potential conflict of interest stemming from firm's earlier advice to Flynn on his #FARA filing.
Flynn's new defense team is going whole hog with a strategy of blaming his former lawyers at Covington & Burling for giving him bad & conflicted advice. New lawyers dumped emails showing Covington planning to tout Flynn's plea deal 2 win other business even before deal was signed
Flynn also made his first direct comments, albeit written, claiming his innocence and trying to explain why he pleaded guilty in 2017 to lying to FBI and reaffirmed the plea in 2018, given that he now says flatly: "I never lied." It's not an easy circle to square.....
While insisting he didn't lie, Flynn says he may have not been forthcoming with the FBI because of a 'baseline reaction' not to discuss classified info w/those outside his immediate work circle. Also again blames his lawyers for strongly encouraging him 'stay on the path' in 2018
Flynn wrote of the 1st sentencing hearing in 2018: 'It was all I could do not to cry out ‘no’ when this Court asked me if I was guilty.' Flynn's former lawyers' firm sent statement saying ethics rules preclude them from responding--at least for now.
On the prosecution side, something of a tonal shift in their sentencing pleading today. They concede the plea didn't say if Flynn intentionally lied when DOJ was told falsehoods about his Turkey-related work.
Also they compare Flynn case to two high-level officials, Sandy Berger and David Petraeus, who pleaded in classified info mishandling cases and got probation. But (strangely) gov't doesn't note those were misdemeanors & Flynn pleaded to felony. (See above.)
Defense wants what could be a blockbuster hearing to air testimony about alleged FBI & DOJ misconduct & claims of ineffective assistance and conflict from prior attorneys. Says that will show he should be able to take unusual step of rescinding his guilty plea.
Flynn's sentencing, for now, remains set for Feb. 27
