The Flynn plea agreement

The Michael Flynn plea agreement promises full cooperation with Robert Mueller’s Special FBI Investigation. It requires extensive disclosure from Flynn. In return it promises no further criminal charges – but there’s a big out clause. If Flynn breaches the agreement in any way then the whole deal is off.

2. Factual Stipulations

Your client agrees that the attached Statement of the Offense fairly and accurately describes your client?s actions and involvement in the offense to which your client is pleading guilty. Please have your client sign and return the Statement of the Offense as a written proffer of evidence, along with this Agreement.

3. Additional Charges

In consideration of your client?s guilty plea to the above offense, your client will not be further prosecuted criminally by this Office for the conduct set forth in the attached Statement of the Offense.

The agreement gives sentence indications but doesn’t make any guarantees.

7. Court Not Bound by this Agreement or the Sentencing Guidelines

Your client understands that the sentence in this case will be imposed in accordance with 18 U.S.C. 3553(a), upon consideration of the Sentencing Guidelines. Your client further understands that the sentence to be imposed is a matter solely within the discretion of the Court.

The requirements for cooperation are extensive.

Rights are limited.

C. Trial Rights

Your client understands that by pleading guilty in this case your client agrees to waive certain rights afforded by the Constitution of the United States and/or by statute or rule. Your client agrees to forgo the right to any further discovery or disclosures of information not already provided at the time of the entry of your client’s guilty plea. Your client also agrees to waive, among other rights, the right to be indicted by a Grand Jury, the right to plead not guilty, and the right to a jury trial.

And if Flynn fails to fulfill completely ever obligation as stipulated by the agreement then the deal is off.

Even the ‘Government’s Obligations’ are stacked against Flynn.

12. Government’s Obligations

The Government will bring to the Court’s attention at the time of sentencing the nature and extent of your client’s cooperation or lack of cooperation. The Government will evaluate the full nature and extent of your client?s cooperation to determine whether your client has provided substantial assistance in the investigation or prosecution of another person who has committed an offense.

If the Government determines that your client has provided such substantial assistance, this Office shall file a departure motion pursuant to Section 5K1.1 of the Sentencing Guidelines, which would afford your client an opportunity to persuade the Court that your client should be sentenced to a lesser period of incarceration and/or fine than indicated by the Sentencing Guidelines.

The determination of whether your client has provided substantial assistance warranting the filing of a motion pursuant to Section 5K1.1 of the Sentencing Guidelines is within the sole discretion of the Government and is not reviewable by the Court.

In the event your client should fail to perform specifically and fulfill completely each and every one of your client’s obligations under this Agreement, the Government will be free from its obligations under this Agreement, and will have no obligation to present your client’s case to the Departure Guideline Committee or file a departure motion pursuant to Section 5K1.1 of the Sentencing Guidelines.

If Flynn doesn’t deliver fully all his knowledge of the Trump campaign, all his financial information and any evidence of any crimes of which he is aware then the deal can be ditched.

If Flynn commits any crime or breaches any law prior to sentencing then the deal is off, and he cannot withdraw his guilty plea.

This proves nothing about Russian collusion, but if Flynn knows anything about any collusion then it’s going to be be revealed, or he risks some very severe legal repercussions.

Court filings: http://edition.cnn.com/2017/12/01/politics/michael-flynn-court-filing/index.html

2 Comments

  1. Alan Wilkinson

     /  December 3, 2017

    As I’ve noted before, the US legal system has zero respect for natural justice and any non US citizen extradicted and subject to it can expect no fair treatment so extradition to the US should be subject to a high burden of proof.

    This agreement is a classic demonstration of what to expect.

  2. Alan Wilkinson

     /  December 3, 2017

    If the US had a working Senate it would fire Mueller for breaching Flynn’s constitutional rights so grossly.