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New Court Filing Says Head Prosecutor Made ‘Secret’ Deal with Flynn’s Former Lawyers to Get Guilty Plea

Michael Flynn leaves U.S. District Court in Washington, D.C., December 1, 2017. (Jonathan Ernst/Reuters)

Lawyers for General Michael Flynn said in a new supplemental filing that previously undisclosed evidence “proves” the former national security adviser for President Trump was “deliberately set up and framed by corrupt agents at the top of the FBI.”

“The government has deliberately suppressed this evidence from the inception of this prosecution—knowing there was no crime by Mr. Flynn,” the filing reads. It claims that the head prosecutor on the case, Brandon Van Grack, made a “side deal” with Flynn’s former defense team to not prosecute Flynn’s son — despite threatening to Flynn that he would do so — in order to get Flynn to plead guilty.

Heavily-redacted emails show Flynn’s former lawyers discussing why the deal needed to be “kept secret,” implying that Flynn would be used to testify in further criminal cases. “The government took pains not to give a promise to MTF regarding Michael Jr., so as to limit how much of a ‘benefit’ it would have to disclose as part of its Giglio disclosures to any defendant against whom MTF may one day testify,” one email states. Giglio v. United States says the failure to disclose immunity deals to co-conspirators constitutes a violation of due process rights.

Citing an FBI official, The Federalist reported Friday that new documents filed in court have “significant” exculpatory evidence for Flynn, but were opposed from being disclosed by FBI general counsel Dana Boente. The Daily Caller then reported that Boente was acting on behalf of FBI Director Christopher Wray.

“All this new evidence, and the government has advised there is more to come, proves that the crimes were committed by the FBI officials and then the prosecutors,” Flynn’s lawyers write. The government’s misconduct in this case is beyond shocking and reprehensible. It mandates dismissal.”

In January, Flynn moved to withdraw his guilty plea, related to his contacts with Russian ambassador Sergey Kislyak, by declaring his innocence and saying he “never lied” to FBI agents. “I tried to ‘accept responsibility’ by admitting to offenses I understood the government I love and trusted said I committed,” Flynn said in a motion explaining the decision.

Trump tweeted in February that he is “strongly considering” a full pardon for Flynn.

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