Flynn may decide it is not in his interest to contest the plea bargain, particularly if the understanding is that he would receive no prison time, and considering the cost of further legal fees and expenses.
Mueller gets a scalp close to Trump, Flynn protects his son from prosecution, and no jail time.
If Flynn were to manage to void the plea agreement based on new exculpatory evidence, such as doctored FBI 302 forms, he goes back to ground zero with respect to the exposure of his son to prosecutors and is still penniless from his legal bills.
If Flynn wants to fight it, the best move for Flynn may be to sue McCabe, if indeed there is evidence McCabe doctored the relevant 302s, for money damages under the federal constitutional tort of deprivation of rights under color of law. He can’t sue the dirtbag Weissman for using the doctored 302s because of prosecutorial immunity. But he can sue McCabe.
If he can demonstrate the causality between the doctored 302s and the investigation of him by the Special Counsel, perhaps he can recover his legal fees from McCabe. I hear McCabe’s wife was given a lot of money by Team Hillary for her state senate campaign; perhaps there is some of that stash left over to go after.
He could also try a frontal attack on the validity of the Special Counsel appointment. For example, the Special Counsel arguably is a de facto US Attorney, but was never confirmed by the Senate. If successful, this might save his son, unless someone else in the DOJ not in the Special Counsel’s office decided to go after his son for spite.
Flynn’s plea will be voided in my opinion. The interviewers didn’t believe he lied to them and if the rumors is true that McCabe ordered 302s to be altered then all there is left is that Mueller team put great pressure on Flynn to confess to lying based off of altered documentation and threats to imprison his son on top of the financial cost to him. The IG report will come out and point this out apparently and then the charges against McCabe will be brought around the same time.
Great posts from you here tonight, thanks!
Waste of time/money. McCabe is going broke as we speak. He probably wasn't worth a whole lot to begin with.
They're - rightfully - going for the poison fruit scenario.