• Flynn to be sentenced Jan. 28
  • He pleaded guilty to lying to federal investigators about his contacts with Russian ambassador
  • Prosecutors said he was relying on conspiracy theories to prove innocense

Former Trump national security adviser Michael Flynn failed to prove prosecutors withheld key evidence from his defense team and coerced him into pleading guilty to lying to federal investigators, a federal judge ruled Monday.

U.S. District Judge Emmet Sullivan set Jan. 28 to sentence Flynn on charges of lying to investigators about his contacts with then-Russian Ambassador Sergey Kislyak in 2016.

Sullivan said Flynn failed to prove any evidence withheld from his attorneys would have had a material effect on his case, saying there was no basis for allegations he had been coerced by federal investigators into accepting a plea deal.

"The sworn statements of Mr. Flynn and his former counsel belie his new claims of innocence and his new assertions that he was pressured into pleading guilty to making materially false statements to the FBI," Sullivan wrote, adding, "And it is undisputed that Mr. Flynn not only made those false statements to the FBI agents, but he also made the same false statements to the vice president and senior White House officials, who, in turn, repeated Mr. Flynn’s false statements to the American people on national television."

President Trump fired Flynn in February 2017, barely a month after Trump assumed office. Flynn pleaded guilty the following Dec. 1 and agreed to cooperate with the special counsel’s investigation into Russian election interference.

Flynn had asked the court to hold prosecutors in contempt and accused the special prosecutor’s office of improprieties.

“Mr. Flynn accuses the government of suppressing certain information and alleges improprieties regarding the circumstances leading up to his guilty plea —  including allegations of misconduct by the FBI, [Department of Justice], and the Special Counsel’s Office — that, in his view, call into question the entire investigation, raise ethical concerns, warrant findings of civil contempt, and demand dismissal,” Sullivan wrote.

“Mr. Flynn, however, fails to explain how most of the requested information that the government has not already provided to him is relevant and material to his underlying offense—willfully and knowingly making materially false statements and omissions to the FBI.”

Flynn was originally scheduled to be sentenced Dec. 18, 2018, but the sentencing was delayed repeatedly. Sullivan finally decided to delay it further until after Justice Department Inspector General Michael Horowitz released his report on how the FBI conducted its investigation into whether Trump campaign officials, including Flynn, were coordinating with Russians who interfered in the 2016 presidential election.

Flynn alleged special counsel Robert Mueller had withheld evidence sought by his attorneys and accused the FBI and CIA of trying to smear him as a Russian agent. Prosecutors charged Flynn was relying on conspiracy theories.

Sullivan found the FBI investigation of Flynn was not unjustified or handled improperly.

Flynn, 60, could still revoke his plea and demand a trial or appeal his conviction.