Flynn judge crushes hopes for tossing guilty plea

A federal judge on Monday rejected Michael Flynn's comprehensive requests for exculpatory information that may have been withheld by the FBI, saying that the former national security adviser had waived his fundamental constitutional rights by pleading guilty to making false statements.

The order from U.S. District Judge Emmet Sullivan in Washington also set a Jan. 28 sentencing date in the case, and essentially crushed any remaining hopes that Flynn might see his guilty plea tossed. The ruling came just days after Justice Department Inspector General Michael E. Horowitz identified a slew of misconduct by FBI agents investigating former Trump aide Carter Page -- including by a little-known agent who interviewed Flynn at the White House in January 2017.

In his order, Flynn cited prosecutor Brandon Van Grack, formerly a member of Special Counsel Robert Mueller's team, as saying, "[B]y pleading guilty in this case [Mr. Flynn] agrees to waive certain rights afforded by the Constitution of the United States," including the right "to challenge the admissibility of evidence offered against [him.]"

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