The attorney for Gen. Michael Flynn revealed the legal team has “evidence” that the DOJ prosecutor in the case against the former national security advisor pushed him to commit perjury.
Attorney Sidney Powell explained to Fox Business host Lou Dobbs on Wednesday that lead prosecutor Brandon Van Grack committed subornation of perjury, effectively pushing Flynn into lying to the court.
(Video: Fox Business)
Flynn, who pleaded guilty in Dec. 2017 to making false statements while meeting with FBI agents in January 2017, filed a motion Tuesday seeking to withdraw that guilty plea, accusing the government of acting in “bad faith, vindictiveness and breach of the plea agreement.”
The filing came just days after the Justice Department made an about-face in previous recommendations that Flynn be given a sentence of probation with no jail time, now demanding he faces up to six months in jail because he was not cooperating.
Michael Flynn seeks to withdraw guilty plea weeks before sentencing, accuses prosecutors of ‘retaliation’ https://t.co/a8E89yNBut
— Conservative News (@BIZPACReview) January 15, 2020
Dobbs expressed how “infuriated” he felt at the developments in the case as he spoke with Powell on “Lou Dobbs Tonight” Wednesday.
“This is the Trump administration’s Justice Department” going after the retired United States Army Lieutenant General.
“We have evidence now that they were actually trying to force Mr. Flynn to lie to a jury and a judge in the Eastern District of Virginia last summer, and they knew that’s what they were trying to do then,” Powell told Dobbs.
“We have a redlined document showing that Mr. Van Grack himself transmitted to Covington, the prosecutor from the special counsel’s task force, who’s still running this prosecution … yes, he has a history. He was with Mr. Weissmann on the special counsel operation and determined to take down General Flynn because that was their path to the president,” she explained.
“They had to prosecute Flynn to try to pursue the obstruction mess,” Powell added.
“So what is in store here? He’s due to be sentenced this month, correct?” Dobbs asked.
“Correct, but the government has already agreed for a motion for a continuum. The judge has not entered an order on that yet but they agreed to a 30-day continuance,” Powell replied.
In the motion filed this week, Flynn’s attorneys argued that the “prosecution has shown abject bad faith in pure retaliation against Mr. Flynn since he retained new counsel,” referring to Flynn’s termination of Covington & Burling LLP as his counsel in 2018.
“This can only be because, with new, unconflicted counsel, Mr. Flynn refused to lie for the prosecution,” the attorneys wrote in the filing.
Dobbs expressed his outrage at the DOJ’s handling of the case.
“This sounds like the most antithetical to justice case I’ve seen in recent memory and I’ve seen some beauties given the special counsel and the other madness in the efforts to overthrow this president,” he interjected.
“What I am seeing and finding by the day is an absolute outrage,” Powell remarked.
“What my three colleagues just found before I came over here is that Mr. Van Grack actually changed the language in the statement of offense they created against General Flynn and knew that. So when he tried to, when he said last summer that he wanted Flynn to testify to something he knew because he did it himself that it wasn’t true,” she recounted.
“And if that isn’t subornation of perjury, I don’t know what is,” Powell said. “And now they want to punish him for not lying in his sentencing.”
“Because he didn’t yield to extortion, he’s going to be sentenced…to six months in prison,” Dobbs responded.
“These sound like crimes…these are actually abuses of power by prosecutors,” he added, asking Powell if she could put the prosecutor in jail for it.
“If I were a prosecutor I could,” she replied.
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