a conviction is probably not needed here.
He signed a plea agreement that contained an admission of guilt signed under the pain of perjury.
The plea agreement was specific re: what happens if he is in breach of the agreement...he can’t rescind his plea. By withdrawing his plea, he was in breach of the plea agreement.(I know circular logic)
Also, the plea agreement nor the sentencing guidelines do not bind the court.
In fact, the agreement is between Flynn and the Special Counsel’s Office only.
https://www.justice.gov/file/1015121/download
All court appearances with Sullivan in the beginning - pre-Powell - were only about sentencing and requests to delay sentencing to “help” DOJ on other cases as specified in the plea agreement.
I made the notation a long time ago that no matter what Powell does for Gen. Flynn, he can’t get around signing the plea agreement...it will come back to haunt him.
I really think, right now, it’s up to Sullivan how this all turns out.
The plea agreement was signed under fraudulent duress, it is null and void.
“I made the notation a long time ago that no matter what Powell does for Gen. Flynn, he can’t get around signing the plea agreement...it will come back to haunt him.”
Good analysis, stylin. Thanks.
Question: wouldn’t signing the plea under duress (threatening to go after his son) actually mean he was coerced?
The President’s power to pardon is plenary.
Sullivan can suck it dry.