A federal judge on Monday postponed the sentencing of former National Security Adviser Michael Flynn, the second sentencing delay in a case that has dragged on for over two years.
Judge Emmet Sullivan canceled a sentencing hearing scheduled for Feb. 27. He did not schedule a new date.
Both sides had sought to pushback the sentencing amid Flynn’s decision to withdraw his guilty plea.
Flynn’s legal team said sentencing shouldn’t happen while he enters a new plea. Prosecutors asserted a late February date wasn’t enough time to assess looming filing dates in the case.
In a rare Sunday filing, prosecutors asked to delay sentencing saying they wanted testimony from Flynn’s former attorneys at high-powered D.C. law firm Covington & Burling. Flynn fired those attorneys last summer and has claimed ineffective assistance from his lawyers as one of the reasons for reversing his guilty plea.
Also on Monday Judge Sullivan ordered both sides to discuss whether Flynn can waive his attorney-client privilege so his former lawyers could share information with prosecutors.
Flynn was scheduled to be sentenced in December 2018, but Judge Sullivan ordered it to be delayed to give the former Trump administration official more time to cooperate with prosecutors.
Flynn had pleaded guilty to lying to the FBI about his contacts with the former Russian ambassador. He agreed to cooperate with special counsel Robert Mueller.
But after firing his Covington & Burling attorneys, he tapped outspoken conservative commentator Sidney Powell to represent him and change his guilty plea.
• Jeff Mordock can be reached at jmordock@washingtontimes.com.
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