The judge in the Michael Flynn case faces a "bizarre" set of circumstances following an explosive new court filing from the former White House national security adviser's legal team, Fox News senior judicial analyst Judge Andrew Napolitano said Tuesday.
Flynn's legal team alleged last week that FBI agents manipulated official records from the 2017 interview that led to him being charged with lying to investigators, arguing the case should be thrown out.
After the filing, the judge in the case, Emmet Sullivan, postponed a hearing that was set for next month.
"It is a bizarre twist and turn," said Napolitano, adding that Sullivan has a "tangled web" to navigate, especially with regard to whether Flynn was being truthful when he pleaded guilty to making false statements.
Sidney Powell, Flynn’s attorney, filed a 37-page motion outlining several allegations, once again requesting the government produce all evidence as it relates to Flynn — and urging the court to “dismiss the entire prosecution for outrageous government misconduct” and hold the prosecutors in contempt.
The entire case stemmed from that FBI interview where Flynn was asked about his conversations with former Russian Ambassador Sergey Kislyak. Flynn ultimately pleaded guilty to making false statements regarding those conversations during his interview, as part of former Special Counsel Robert Mueller’s investigation.
"It wasn't done the right way," Napolitano said about the FBI's handling of Flynn's 2017 interview, during which no attorney was present.
Prosecutors have strongly rejected claims they're hiding evidence, saying "the government has exceeded its discovery and disclosure obligations in this matter," including by providing Flynn with thousands of pages of documents.
Federal prosecutors earlier this month called the defense's filings a “fishing expedition" and accused Flynn's new lawyers of advancing "conspiracy theories."
"Flynn's lawyers basically say not only did he not lie, but the government's documents were altered to show that he lied because the FBI agents knew originally it wasn't a lie and the FBI agents disliked or hated President Trump and wanted to disrupt his administration. That's a shorthand handle of what this argument is," he explained.
Judge Napolitano said a record can be altered by an investigator after the fact, but not to "deceive the court," and such an action could result in a case being dismissed.
Fox News' Brooke Singman contributed to this report.