It's called a plea bargain.
You agree to turn state's evidence and they limit the charges you face. What other charges could he have faced? We don't know because they won't ever list them.
Originally Posted by Munchmasterman
Customarily, "other acts" are enumerated and factually alleged in the plea bargain agreement, which is ultimately filed with the Court to review and approve by acceptance, which will also be included in the Pre-Sentencing Report that is prepared by the "U.S. Probation Office" (U.S. Probation and PreTrial Services) and filed with the Court. For "national security" reasons those documents can be "sealed" from public view and/or those sensitive portions of the documents redacted if the document is filed and available for public view.
So far the agreements (final and drafts) have not been redacted and they have been published, which indicates that it will be be so throughout the process. There is a provision in the Federal Rules for a withdrawal of a "settlement agreement" aka plea bargain and there are constitutional grounds that satisfy those legal requirements if there are admissible facts to support it.
Not only can objections be made to the "Pre-Sentence Report," but a response can be filed and a contested hearing be conducted before the sentencing Judge if there are legal and/or factual disputes with the Report. From my reading of the most recent Plea contract it is an "open" plea, which means the Judge can reject the recommendation of the Government and Flynn would be bound with the Judge's decision as to the sentence, save and except constitutional and/or statutory objections that undercut the entire plea bargain process.
What "state's evidence"? Another TV term.
In the terminology of the Federal Sentencing Guidelines the key word is "cooperation" with the Government's investigation and prosecution of other crimes against other people.
Guess what? The DOJ has to kiss this deal based upon the sentencing policies and procedures of the Manual published to U.S. Attorneys by the DOJ. Sessions recused himself, and the "new guy" won't.