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In Latest Reversal, Prosecutors Say Michael Flynn Can Get Probation

In Latest Reversal, Prosecutors Say Michael Flynn Can Get Probation

(Bloomberg) -- U.S. prosecutors pulled a surprising about-face by backing Michael Flynn’s request for probation even though he failed to provide substantial assistance to their investigations.

The former national security adviser for President Donald Trump twice pleaded guilty to lying to federal agents about his contacts with a Russian ambassador. Only a few weeks ago the government’s position was that he should get as long six months in jail.

But in a court filing Wednesday, lawyers for the government wrote that the U.S. “agrees with the defendant that a sentence of probation is a reasonable sentence.” The former Army general is scheduled to be sentenced in Washington on Feb. 27.

In Latest Reversal, Prosecutors Say Michael Flynn Can Get Probation

In 2018, the government recommended that Flynn get probation based on his cooperation with Special Counsel Robert Mueller’s probe of Russian interference in the 2016 election. The U.S. hardened its position after Flynn switched to a more combative stance in the case, which observers said was calculated to win a pardon from Trump.

Flynn served as the president’s national security adviser for just three weeks before he was fired for lying about his contacts with Sergey Kislyak, the Russian ambassador to the U.S. at the time. Flynn pleaded guilty in December 2017 and agreed to cooperate.

Earlier Wednesday Flynn’s legal team filed papers to bolster their request that he be permitted to withdraw his guilty plea and contest the charge against him. Flynn claimed that, at the time he pleaded guilty, his lawyers failed to provide adequate legal advice based on conflicts of interest. He also asked that Sullivan throw out the charge against him because of misconduct by the government.

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The case is U.S. v. Flynn, 17-cr-232, U.S. District Court, District of Columbia (Washington).

To contact the reporter on this story: Bob Van Voris in federal court in Manhattan at rvanvoris@bloomberg.net

To contact the editors responsible for this story: David Glovin at dglovin@bloomberg.net, Joe Schneider, Steve Stroth

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