If you follow the Innocence Project or even watch any of the criminal shows on apps like Netflix or Hulu then you know forced confessions are not uncommon. Another thing you’d know is that prosecutors typically charge a defendant with as many crimes as possible in hopes that they’ll plead guilty to something lesser and avoid court time and money spent.
In the case of Michael Flynn, he basically went bankrupt fighting a charge in which he said he was innocent but could not financially support a defense any longer. New details recently released suggest that prosecutors also threatened to charge his son if he didn’t plead guilty.
He eventually plead guilty. However, when new information came to light about the tactics of the prosecutors, his former defense attorneys, and FBI agents involved, he asked to withdraw the plea.
The Department of Justice also moved to drop all charges based on the new information that became public.
Judge Sullivan is attempting to not accept the move to drop all charges and is said to be considering charging Michael Flynn with perjury for taking the plea deal.
This should be concerning to any citizen in the United States.
Ever had a traffic ticket and went to court?
Something as simple as speeding 10mph over the limit and you get handed a ticket for speeding. You usually have 2 options: 1.) you can pay a fine within 10 days or some specified time period and receive a reduction in you charge (I.e. essentially pleading guilty to a Defective Vehicle), or 2.) you can go to court and fight it with the risk of paying a fine 2-3x the amount of option 1 and possibly jail time, loss of license, etc..
By the standard Judge Sullivan is setting in the Michael Flynn case, if you take option 1 you should then be charged with perjury for pleading guilty to something you didn't actually do but chose to accept due to the risk involved in fighting it.
All of those folks who were coerced into pleading guilty in decades old murder trials could be let off only to then be charged with felony perjury and be sent back to prison.
The judge in the Flynn case has shown bias on multiple occasions. He suggested, early on, that Flynn might be guilty of treason - although no evidence of that existed and no charge of that nature was provided by the DOJ.
Judge Sullivan is now inviting Amicus Brief into a criminal case when he turned down such a request on December 20, 2017 in which he stated:
“the Federal Rules of Criminal Procedure do not provide for intervention by third parties in criminal cases. ... Options exist for a private citizen to express his views about matters of public interest, but the court's docket is not an available option.”
It seems his disdain for Flynn has given him the motivation to take over the role of prosecutor and judge. This is a highly dangerous precedent to set and one that does not invite a fair and impartial trial for any defendant who takes a plea deal.
Read a much more in-depth and legal argument in Jonathan Turley's article.