The government knew that Flynn objected to that characterization of the FARA filing and prosecutors agreed to delete that language from the statement of offense. Yet they then demanded Flynn testify at his former business partner’s trial that he knew at the time the FARA filings were submitted that they were fraudulent. When Flynn refused, the government cast him as a co-conspirator and reneged on its promise to seek a reduction for substantial assistance.
While this evidence provides Powell a solid argument that the prosecution sought to push Flynn to lie, that might not be enough to carry the day with Judge Sullivan. But, as Powell’s memorandum made clear, she is not nearly close to done defending Flynn—she just needs more “time to brief many alternate reasons for the withdrawal of his plea.”