How The Government’s Misstep Could Enable Michael Flynn To Withdraw His Guilty Plea


The furor over U.S. Department of Justice leaders openly intervening in the Roger Stone prosecution to overrule line prosecutors’ sentencing recommendation has led some commentators to report that Attorney General William Barr may have played a role in the government’s shifting sentencing recommendations for retired Lt. Gen. Michael T. Flynn.

In Flynn’s case, prosecutors have twice reversed course on their sentencing recommendation. The latest reversal in the government’s position, however, was more likely caused by the line prosecutors’ own mistake in changing position in the first instance than because Barr is attempting to help Flynn.

To set the stage: The government originally recommended probation for Flynn a year ago. Recently, however, the government reversed course and recommended a jail sentence but soon reverted back to its original position. Flynn’s counsel has now filed two separate motions seeking to withdraw his guilty plea. One is based on his former lawyers having a conflict of interest in his case. The other

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