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Mueller never 'flipped' General Flynn.
1. "How A Plea Reversal From Michael Flynn Could Uncover More Federal Corruption
2. ...Judge Emmet Sullivan issued an order in United States v. Flynn that, while widely unnoticed, reveals something fascinating: A motion by Michael Flynn to withdraw his guilty plea based on government misconduct is likely in the works.
3. ...Sullivan quietly directed Special Counsel Robert Mueller’s team to provide Flynn’s attorneys “any exculpatory evidence,”...
4. On November 30, 2017, prosecutors working for Mueller charged former Trump national security advisor Flynn with lying to FBI agents. The following day, Flynn pled guilty before federal judge Rudolph Contreras. Less than a week later — and without explanation — Flynn’s case was reassigned to Judge Emmet G. Sullivan.
5. One of Sullivan’s first orders of business was to enter a standing order, on December 12, 2017, directing “the government to produce to defendant in a timely manner – including during plea negotiations – any evidence in its possession that is favorable to defendant and material either to defendant’s guilt or punishment.”
6. ....the special counsel charged Flynn with lying to FBI agents on January 24. While the charge did not identify the FBI agents involved, we know that Peter Strzok conducted the January interview that eventually led to the criminal case against Flynn. Strzok formed a part of Mueller’s team until he was removed following the discovery of hostile text messages concerning Trump, including a planned “insurance policy” should Trump win the White House.
7. Obama political holdover Sally Yates’ involvement in the case raises additional concerns. While Strzok and Mueller initially indicated they believed Flynn had been truthful, Yates, while serving as acting attorney general, had directed Strzok to interview Flynn and had pushed for charges against Flynn...
8. ...Flynn should withdraw his guilty plea and suggests that Sullivan, as “the country’s premier jurist experienced in the abuses of our Department of Justice, . . . is the best person to confront the egregious government misconduct that has led to and been perpetrated by the Mueller-Weissmann ‘investigation’ and to right the injustices that have arisen from it.”
9. In his revised standing order issued on Friday, Sullivan dropped a lengthy footnote, detailing the case law and setting forth his position that, if material exculpatory evidence is withheld during plea negotiations, a defendant is entitled to withdraw his guilty plea.
10. Flynn’s attorneys now know what to do should Mueller’s team disclose such evidence. After the spanking Sullivan gave the prosecutors in the Stevens case, Mueller is on notice as well."
How A Michael Flynn Plea Reversal Could Uncover Federal Corruption
See Brady v. Maryland,373 U.S. 83 (1963)
That's where the impeachment evidence requirement came from, but only in sentencing, not in a plea bargain.
In the 2002 case United States v. Ruiz,536 U.S. 622 (2002) the Supreme Court examined the question of a defense right to discovery in plea bargaining, but ultimately found this right had not been violated. [Ruiz, 536 U.S. at 625] Instead, the Court decided, in part, that a defendant did not have a constitutional right to impeachment information before pleading guilty.
“[Sally] Yates and a high-ranking colleague went to the White House to tell counsel Don McGahn about the Flynn situation. "The first thing we did was to explain to Mr. McGahn that the underlying conduct that Gen. Flynn had engaged in was problematic in and of itself," Yates testified in a May 2017 appearance before a Senate Judiciary Committee subcommittee. That was an apparent reference to the Logan Act, although Yates never specifically said so. "We took him [McGahn] through in a fair amount of detail of the underlying conduct, what Gen. Flynn had done."
Yates then explained to McGahn her theory that Flynn might be vulnerable to blackmail. The idea was that Flynn had discussed sanctions with Kislyak, ….”
….it appears the Justice Department used a never-enforced law and a convoluted theory as a pretext to question Flynn — and then, when FBI questioners came away believing Flynn had not lied to them, forged ahead with a false-statements prosecution anyway. Yates went on to become a heroine of the Trump resistance (and at least one of Mueller's prosecutors) after she refused to enforce the president's travel ban executive order, and Trump summarily fired her. Her legacy lives on in United States v. Michael T. Flynn.’
Byron York: Comey told Congress FBI agents didn't think Michael Flynn lied