His lawyers say prosecutors, including Brandon Van Grack, who worked for Specialist Robert Mueller, have retaliated against him in recent weeks. Flynn had been preparing for several months to help them in the trial of his ex-partner partner, Bijan Kian, until the prosecutor released him as a witness at the beginning of the month.
Flynn's law says what he planned to say as a witness was not what the prosecutors wanted. But prosecutors claim that Flynn changed his story.
"If the government's failure here fails, it will not depend on what Mr. Flynn did or did not," his lawyers wrote on Thursday.
It is part of a long trip for Flynn from being an important Mueller collaborator to a hostile defendant.
When Flynn pleaded guilty to lying to investigators in December 201
"Flynn worked even more with the government." His lawyers wrote about his trial preparation on Thursday "in an attempt to clear up the prosecutors' misunderstandings about some crucial facts and in response to their questions and demands" about his foreign lobbying. "Instead of searching and verifying the truth, the prosecutors doubled, explaining earlier counsel contrary to their former client and his partner's own simultaneous notes."
Judge Emmet Sullivan in Washington has yet to condemn Flynn for lying to investigators about telephone conversations with the former Russian ambassador and in his lobby form. Sullivan had abstained from the verdict in December, so Flynn could win more good law enforcement as a partner who testifies to his lobby partner. The dissolution of Flynn's relationship with the prosecutor is a potentially explosive tactic to bring to the judge.
But the prosecutor said this week that they would no longer use Flynn as a partner at the trial, which starts next week, because his law changed what he would say. Flynn's lawyers say it's not true.
On Thursday, Flynn argued that even though he no longer helps prosecutors, Sullivan should still consider that he deserves no jail time.
Flyn's testimony at trial "was for whatever" extra credit "it could afford him with this court to reduce his opinion. Special advice had already recommended trial to the court," his lawyers wrote.
They are also not ready for his judgment, said his law, and they will need at least until the end of August – and probably longer – to prepare, according to the application.
Prosecutors who handle their case before Sullivan told the judge this week that they would like to wait until Kian tried to say what to do about Flynn and what meaning they think he deserves.