President Donald Trump and General Mike Flynn are one step ahead of everyone. Rather than fighting and disputing that Flynn may flip on him, Trump is getting out ahead of this story and not hiding from it. What Trump is doing is actually, “embracing the story.”
Yesterday, Trump tweeted,
Mike Flynn should ask for immunity in that this is a witch hunt
(excuse for a big election loss), by media & Dems, of historic
This is a great move for him. It’s also a great move for General Michael Flynn to ask Congress for immunity.
Often times, as a criminal defense attorney, the evidence pointing to my client appears insurmountable. Sometimes there are, “bad facts beyond change” that point to the guilt of my client. These “bad facts beyond change,” aren’t going to go away and there is no sense in trying to combat them. Thus, instead of trying to dispute these “bad facts beyond change,” one “embraces” the facts. In other words, you take a look at the facts and you show people how they actually support your side.
I remember a case in which my client was charged with kidnapping, rape, and robbery of a woman. One piece of evidence used by prosecutors against him was that he was caught trying to sell her jewelry that he had allegedly stolen from her. This gave prosecutors a basis for the charge of robbery in addition to the kidnapping and rape charges. Criminal defense lawyers describe certain facts in a case as, “bad facts beyond change.” This act of not only being caught in possession of her jewelry, but also being caught trying to sell it, was certainly, a “bad fact beyond change.” There was no sense in disputing this fact. The witnesses were listed and ready to testify in court about the exchange. Instead, we chose to “embrace” the facts. We chose to “embrace” the jewelry and use it to our advantage. We explained to the jury that the alleged victim had given him the jewelry. We told the jury that the alleged victim had asked my client to sell her jewelry at the flea market where he was a security guard. We explained to the jury that she told my client that she was going through a divorce and she needed the money to pay her attorney. All of the evidence at trial supported this conclusion.
Trump is employing the same tactic. He knows that Flynn is going to get grilled by FBI agents or possibly testify before Congress. Rather than fighting and disputing this, he is “embracing” it and using it to his advantage. Thus, telling people that this is a “witch hunt” and preparing people for “bad facts beyond change” that may be coming out. If Flynn testifies or if statements he makes to law enforcement are leaked, you better believe that Trump’s next move will be to show how Flynn’s own statements support and exonerate him. In addition, Trump will be able to claim that he was never afraid of what Flynn would say and never kept him from talking to anyone.
It’s also a great move for Flynn to ask for immunity in exchange for his testimony before Congress. He knows that he is under investigation by the FBI. If he is granted immunity, he will guarantee himself not being prosecuted. It is a way for him to try and sell Congress his testimony but at a cost of immunity. Notwithstanding Flynn’s own words that “when you are given immunity that means you’ve probably committed a crime,” no decent lawyer would ever let him testify without being given immunity. If Congress chooses not to give Flynn immunity, then he is no worse off than before the offer.