Wednesday, April 29, 2020

Will General Flynn finally get off?

There have been a ton of new revelations in the ongoing General Flynn saga. According to most legal experts, the concept of Flynn fighting this after pleading guilty and affirming that guilt multiple times is a an uphill battle. However, in light of several new pieces of information (or possibly better described as evidence of previously assumed information) there is now a very real possibility that General Flynn will get off. Even if the judge refuses at this point, there is more than enough cover for the President to provide a full pardon given everything we know.


Some of the most recent information that has come forth is:

  • That the FBI knowingly interviewed Flynn without having an actual investigative reason. 
  • That Prosecutors did threaten to prosecute Flynn's son if he did not plead guilty.
  • That they withheld exculpatory evidence from Flynn and his legal team. 

Now none of this is really "new" news. All of this has been alleged prior. The difference is that there is now documented evidence that all of this did occur. It's no longer just an allegation, an assumption, or even an argument. 

The original interview was not really part of a so-called investigation into whether or not Flynn was breaking the law (Logan Act) by negotiating on behalf of the United States. While we all knew this to be true, it can now be proven. Without an actual legal reason to interview Flynn, the questions have no material value to an investigation and therefore cannot be considered to be perjury. Even if it can be proven that he lied, without a legitimate investigation there is no crime.

Documentation has now emerged that does actually show that the people om Mueller's team did threaten to prosecute Flynn's son (for failing to register as a foreign agent) if he did not plead guilty. This is not only unethical, but it is may actually be illegal. 

While we all knew that they withheld information from Flynn, the amount of exculpatory evidence withheld is much more than originally suspected. One of the number one reasons why Judge throw out convictions and cases is evidence being withheld. 

Now the Judge in this case has seemed very resistant to Flynn's desires to have the case either tossed out, or even have his guilty plea taken back. It's very unlikely that the former will happen, but the latter is becoming a more distinct possibility. Of course, if Flynn does get his guilty plea removed, the DOJ would be able to charge him and put him on trial and conceivably they could prosecute his son as well.  

Obviously the current DOJ would not prosecute General Flynn and it's unlikely any future changes in the DOJ make up would lead to such a prosecution. Moreover the concept of charging some people with "failing to register as a foreign agent" while allowing others to retroactively register is a dubious one that will also not likely be repeated by any prosecutors in the near future. 

2 comments:

Anonymous said...




flynn deserves nothing less than complete exoneration and full restitution which should come at the expense of everyone within the DOJ & FBI who participated in this travesty.

and all involved deserve to die in prison.

Anonymous said...

He will. Because it is the legally right thing to do.