Federal prosecutors are seeking to delay the sentencing of former National Security Adviser Michael Flynn, saying his request to withdraw his guilty plea makes sentencing him in late February unlikely.
In a rare Sunday filing, prosecutors said Flynn’s former attorneys should testify since he has alleged ineffective assistance from them. That would likely push back Flynn’s sentencing date, which is currently scheduled for Feb. 27.
Flynn was represented by top D.C. law firm Covington & Burling, but he fired his lawyers last summer, replacing them with outspoken conspiracy theorist Sidney Powell.
Prosecutors have also asked Judge Emmet Sullivan to conclude Flynn has waived attorney-client privileges regarding his communications with Covington & Burling.
“The government requests that the Court suspend the current briefing schedule concerning the defendant’s [motion] until such time as the government has been able to confer with Covington regarding the information it seeks,” prosecutors wrote. “While Covington has indicated a willingness to comply with this request, it has understandably declined to do so in the absence of a Court order confirming the waiver of attorney-client privilege.”
Judge Sullivan has not yet ruled on the request.
In January, Flynn moved to withdraw his guilty plea for lying to the FBI in the Russia probe. He alleged “bad faith,” ineffective assistance from counsel and prosecutorial misconduct among the reasons he intended to switch his plea.
• Jeff Mordock can be reached at jmordock@washingtontimes.com.
Please read our comment policy before commenting.