The government’s effort to withdraw the departure motion means Flynn can ask to withdraw his guilty plea. Now the prosecutors are changing their tune.
Flynn’s case, already of significant interest to conservatives, will now likely have the full attention of the D.C. legal profession and ethics experts nationwide.
This dispute between the prosecution and the defendant is genuine and passionate and reflects their completely divergent views of the relevant facts.
If there is to be a just result in Flynn’s case, the court must address the question about Covington’s conflict of interest. Flynn shouldn’t be punished for mistakes that are attributable to his counsel rather than to him.
The FISC this week ordered the FBI to advise the court of what steps FBI will take to ensure their abuses are not repeated. That should just be a start.
In reality, the government can obtain electronic communication records without taking any extraordinary measures. There are very few limitations on this congressional power.
The FBI’s conduct with Flynn is a troubling display of the government using its power against a citizen to achieve the effect it desired.
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