Former National Security Adviser Michael Flynn could now face up to six months behind bars, according to newly reversed recommendations by the Justice Department.
Federal prosecutors determined Flynn had “retreated from his acceptance of responsibility” and “therefore is not entitled to any such credit unless he clearly and credibly disavows those statements,” the Associated Press reported Tuesday.
The statements refer to Flynn’s attempts to withdraw his guilty plea, while arguing prosecutorial misconduct and accusing prosecutors of withholding information considered “favorable” to Flynn.
The arguments signaled the end of cooperation Flynn had with prosecutors, who previously recommended probation for Flynn as a move of leniency for cooperating with the government.
“It is within the government’s sole discretion to determine whether the defendant has ‘substantially assisted’ the government,” prosecutor Brandon Van Grack wrote in a 33-page court filing, which was reported by The Washington Post.
“In light of the complete record, including actions subsequent to December 18, 2018, that negate the benefits of much of the defendant’s earlier cooperation, the government no longer deems the defendant’s assistance ‘substantial,’” the court filing added.
Prosecutors also accused Flynn of trying to undermine the prosecution of his former colleague, Bijan Rafiekian.