In today’s Washington Examiner, under the headline “Comey told Congress FBI agents didn’t think Michael Flynn lied”, Byron York explores the labyrinthian twists and turns of the events leading up to General Flynn’s baffling plea of guilty to one charge of lying to the FBI. It’s a well-done piece and well worth reading.
Despite his best efforts, York was unable to posit why Flynn pled guilty when, based on what is known, there appears to be no evidence that he intentionally lied. So, why would an innocent man plead guilty?
To those of us who have made a handsome living representing the innocent and the not-so-innocent, there is no mystery. Fighting the federal government in court requires financial resources that the vast majority of mere mortals simply don’t possess. Even if the client prevails, he is likely to be bankrupted by his pursuit of vindication.
When I was an Organized Crime Strike Force prosecutor, I tried a number of cases against one very amiable mob lawyer. At the start of every trial, he would amble over to me and say, “Now don’t be worried about my client getting off easy. He’s already been punished enough. I’ve fined him up front for you by charging the biggest fee I could think of. You can thank me later.”
According to media reports, Special Counsel Robert Mueller and his band of Hillary Clinton supporters forced Flynn to knuckle under by threatening to prosecute his son. I have no idea what, if anything, Flynn’s son purportedly did or whether the general would consider this to be a credible threat. But, looking at Flynn’s well-dressed and well-groomed legal team, it is reasonable to conclude that Flynn hemmoraghed money to pay for his defense.
So, to those of us who have been in the arena, the answer is clear. It all came down to just how much justice the general could afford. Some people can pay for a trial, others only a negotiated plea. That’s the practical reality of our legal system in which the search for truth and quest for justice are merely quaint and theoretically interesting notions that may or may not affect the outcome of any given case.
Or, as the great cartoonist Johnny Hart put it, “Every man is innocent until proven broke.”
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