The Michael Flynn sentencing hearing is cancelled while the judge considers the issue of exculpatory material

By Robert Willmann

New attorneys for Gen. Michael Flynn (ret.) entered appearances in his court case in June 2019.  He had signed a plea bargain agreement with the office of  "special counsel" Robert Mueller on 30 November 2017, and under that agreement, a criminal charge consisting of a single count was filed.  He pled guilty to it in court the next day.  A sentencing hearing began on 18 December 2018, but went off the rails and was to be continued at a later date.

On 30 August 2019, Flynn's new lawyers filed a request (a motion) that the prosecutors for the federal government turn over exculpatory material that they likely had access to and had not disclosed to him earlier.  The motion also asked the judge to issue an order that the prosecutors show cause why they should not be held in contempt of court for not turning over the material that might be favorable and helpful to Flynn.  Several papers were filed by both sides on the issue after that. 

A sentencing hearing had been reset to 18 December 2019.  However, as a result of the documents filed about the request for exculpatory material, Judge Emmet Sullivan decided not to have a court hearing on the motion, but instead would decide it on the documents that had been filed with the court clerk.  The last paper was filed on the issue on 4 November 2019.

Normally, both the prosecution and defense file memoranda about an upcoming sentencing hearing.  Since 18 December was approaching, they filed a joint motion to reschedule the filing of memos and any sentencing hearing--

https://turcopolier.typepad.com/files/michaelflynn_abate_sentencing.pdf

This request was granted--

"11/27/2019 Minute Order as to Michael T. Flynn granting 140 Joint Motion to Modify Briefing Schedule. The Court hereby Suspends the briefing schedule for the supplemental sentencing memoranda. The Court hereby Vacates the sentencing hearing previously scheduled for December 18, 2019 until further Order of this Court. Signed by Judge Emmet G. Sullivan on 11/27/2019. (Lcegs1) (Entered: 11/27/2019)"

Flynn's request for disclosure of exculpatory material may or may not be granted.  But the fact that a month has gone by, and now more time is needed, means that it is being given serious consideration.

 

Comments

[Fred]

Robert,

Is Flynn in pretrial detention or is he out on bail?

[robt willmann]

Fred,

Flynn has been out on his own recognizance, a "personal recognizance bond", since the start of the case. He went to court on the agreed day for the plea, and then left the courthouse. He was not arrested on a warrant.

[turcopolier]

All

a Commissioned officer of the US military who is sentenced to confinement is subject to Dismissal from the armed forces on that basis alone. Get it? that may have played a role.

[Fred]

Robert,

Thanks, that's what I thought. His lawyer's, the new ones, have been pretty successful in keeping him, personally, out of the limelight of the press.