President Donald Trump's former national security advisor Michael Flynn will ask a judge to dismiss the criminal case against Flynn because of "egregious government misconduct and in the interest of justice," a court filing on Monday revealed.
Flynn pleaded guilty in December 2017 to a single count of lying to the FBI about the nature of his discussions with Russia's ambassador to the United States after Trump's election as president.
He is awaiting sentencing in the case in U.S. District Court in Washington, D.C. His original sentencing hearing last December was postponed after Judge Emmet Sullivan indicated that he might well send the fallen Army lieutenant general to jail, saying "arguably you sold your country out."
Flynn was asked to resign by Trump after less than a month on the job because he had misled Vice President Mike Pence about what was said with the Russian ambassador.
In their filing Monday, Flynn's lawyer Sidney Powell asked Sullivan to order federal prosecutors to give Flynn evidence that he believes would exonerate him in the case, which the lawyers said has not previously been disclosed.
The filing said Flynn at this time is not asking for a dismissal, but "[a]t the appropriate time, Mr. Flynn will file a separate motion asking that the Court dismiss the prosecution for egregious government misconduct and in the interest of justice."
"Mr. Flynn is entitled to discovery of the materials he has requested in these motions and briefs that will
help him support such a motion," Powell wrote.
"In conclusion, yes, the government engaged in conduct so shocking to the conscience and so inimical to our system of justice that it requires the dismissal of the charges for outrageous government conduct," the filing said.
Powell told CNBC that she will "most likely" file a formal motion seeking dismissal of the case "after we get the additional evidence we expect Judge Sullivan will order produced."