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Judge excoriates Trump ex-adviser Flynn, delays Russia probe sentencing


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Judge excoriates Trump ex-adviser Flynn, delays Russia probe sentencing

By Jan Wolfe and Ginger Gibson

 

2018-12-18T183633Z_1_LYNXMPEEBH1EU_RTROPTP_4_USA-TRUMP-RUSSIA-FLYNN.JPG

Former U.S. national security adviser Michael Flynn passes by members of the media as he departs after his sentencing was delayed at U.S. District Court in Washington, U.S., December 18, 2018. REUTERS/Joshua Roberts

 

WASHINGTON (Reuters) - A U.S. judge fiercely criticized President Donald Trump's former national security adviser Michael Flynn on Tuesday for lying to FBI agents in a probe into Russian interference in the 2016 election, and delayed sentencing him until Flynn has finished helping prosecutors.

 

U.S. District Judge Emmet Sullivan told Flynn, a retired U.S. Army lieutenant general and former director of the Defense Intelligence Agency, that he had arguably betrayed his country. Sullivan also noted that Flynn had operated as an undeclared lobbyist for Turkey even as he worked on Trump's campaign team and prepared to be his White House national security adviser.

 

Flynn pleaded guilty to lying to FBI agents about his December 2016 conversations with Sergei Kislyak, then Russia's ambassador in Washington, about U.S. sanctions imposed on Moscow by the administration of Trump's Democratic predecessor Barack Obama, after Trump's election victory but before he took office.

 

Special Counsel Robert Mueller, leading the investigation into possible collusion between Trump's campaign team and Russia ahead of the election, had asked the judge not to sentence Flynn to prison because he had already provided "substantial" cooperation over the course of many interviews.

 

But Sullivan sternly told Flynn his actions were abhorrent, noting that Flynn had also lied to senior White House officials, who in turn misled the public. The judge said he had read additional facts about Flynn's behaviour that have not been made public.

 

At one point, Sullivan asked prosecutors if Flynn could have been charged with treason, although the judge later said he had not been suggesting such a charge was warranted.

 

"Arguably, you sold your country out," Sullivan told Flynn. "I'm not hiding my disgust, my disdain for this criminal offence."

 

Flynn, dressed in a suit and tie, showed little emotion throughout the hearing, and spoke calmly when he confirmed his guilty plea and answered questions from the judge.

 

Sullivan appeared ready to sentence Flynn to prison but then gave him the option of a delay in his sentencing so he could fully cooperate with any pending investigations and bolster his case for leniency. The judge told Flynn he could not promise that he would not eventually sentence him to serve prison time.

 

Flynn accepted that offer. Sullivan did not set a new date for sentencing but asked Mueller's team and Flynn's attorney to give him a status report by March 13.

 

Prosecutors said Flynn already had provided most of the cooperation he could, but it was possible he might be able to help investigators further. Flynn's attorney said his client is cooperating with federal prosecutors in a case against Bijan Rafiekian, his former business partner who has been charged with unregistered lobbying for Turkey.

 

Rafiekian pleaded not guilty on Tuesday to those charges in federal court in Alexandria, Virginia. His trial is scheduled for Feb. 11. Flynn is expected to testify.

 

Prosecutors have said Rafiekian and Flynn lobbied to have Washington extradite a Muslim cleric who lives in the United States and is accused by Turkey's government of backing a 2016 coup attempt. Flynn has not been charged in that case.

 

'LOCK HER UP!'

Flynn was a high-profile adviser to Trump's campaign team. At the Republican Party's national convention in 2016, Flynn led Trump's supporters in cries of "Lock her up!" directed against Democratic candidate Hillary Clinton.

 

A group of protesters, including some who chanted "Lock him up," gathered outside the courthouse on Tuesday, along with a large inflatable rat fashioned to look like Trump. Several Flynn supporters also were there, cheering as he entered and exited. One held a sign that read, "Michael Flynn is a hero."

 

Flynn became national security adviser when Trump took office in January 2017, but lasted only 24 days before being fired.

 

He told FBI investigators on Jan. 24, 2017, that he had not discussed the U.S. sanctions with Kislyak when in fact he had, according to his plea agreement. Trump has said he fired Flynn because he also lied to Vice President Mike Pence about the contacts with Kislyak.

 

Trump has said Flynn did not break the law and has voiced support for him, raising speculation the Republican president might pardon him.

 

"Good luck today in court to General Michael Flynn. Will be interesting to see what he has to say, despite tremendous pressure being put on him, about Russian Collusion in our great and, obviously, highly successful political campaign. There was no Collusion!" Trump wrote on Twitter on Tuesday morning.

 

After the hearing, White House spokeswoman Sarah Sanders told reporters the FBI had "ambushed" Flynn in the way agents questioned him, but said his "activities" at the centre of the case "don't have anything to do with the president" and disputed that Flynn had committed treason.

 

"We wish General Flynn well," Sanders said.

 

In contrast, Trump has called his former long-time personal lawyer Michael Cohen, who has pleaded guilty to separate charges, a "rat."

 

Mueller's investigation into Russia's role in the 2016 election and whether Trump has unlawfully sought to obstruct the probe has cast a shadow over his presidency. Several former Trump aides have pleaded guilty in Mueller's probe, but Flynn was the first former Trump White House official to do so. Mueller also has charged a series of Russian individuals and entities.

 

Trump has called Mueller's investigation a "witch hunt" and has denied collusion with Moscow.

 

Russia has denied meddling in the election, contrary to the conclusion of U.S. intelligence agencies that have said Moscow used hacking and propaganda to try to sow discord in the United States and boost Trump's chances against Clinton.

 

Lying to the FBI carries a statutory maximum sentence of five years in prison. Flynn's plea agreement stated that he was eligible for a sentence of between zero and six months.

 

(Reporting by Jan Wolfe and Ginger Gibson; Additional reporting by Susan Heavey; Editing by Kieran Murray and Will Dunham)

 
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-- © Copyright Reuters 2018-12-19
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Watch enough re-runs of Law & Order and you'll see the gambit played today.

Prosecutors say they can recommend a lenient sentence for further cooperation, and they go through with it, and they know the judge will hit the ceiling (eg, 3 months probation for kidnapping) and it could be like it was for Flynn today.  And the prosecutors don't seem bothered by it at all (*wink*). 

On the other hand the judge could have wrapped Flynn in a flag, declared him a true patriot, etc.

In the 3 weeks or so after Flynn was busted I remember someone investigating was caught by the press at an off moment and said "he's going to die in prison."

 

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8 minutes ago, bendejo said:

In the 3 weeks or so after Flynn was busted I remember someone investigating was caught by the press at an off moment and said "he's going to die in prison."

 

 

My guess. This statement, if true, was accurate. Given the totality of charges against Flynn (too many to list but please do look up the Logan act) he probably would have gotten a lengthy jail sentence, and without a pardon, he may well have died of old age in prison.

 

But he probably realized what the Feds had on him so he ratted/flipped and was on the brink of walking with just probation. But Flynn's supporters (trump, giuliani, sanders, fox news) mucked that up.

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42 minutes ago, Silurian said:

So will Felonious Trump pardon a known traitor who "sold your country out"?

Still too early to make any calls re DT's fate.  He just might have the T-word attached to his own epitaph.

 

 

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2 minutes ago, mtls2005 said:

I was wondering how the trumplestiltskins here would deal with what is easily the worst day ever for trump. Thanks for the effort...blame the judge, claim a "lack of the facts" and dredge up Benghazi. Well done sir.

 

An entertaining thing to do, if one has the stomach for it, is when contentious news like this comes out is to see what Fox News is covering.

My guess is they'll be attacking the judge, or they ignore it altogether and tonight's feature is the kangaroo that gave birth in the San Diego Zoo today.

Or perhaps they'll break out the Hillary piñata.

 

 

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25 minutes ago, thaibeachlovers said:

Sounds to me like some nobody judge seeking to have his 15 minutes of fame by grandstanding.

I don't know all the facts so it may be that Flynn really is a traitor, but not for anything he's done that I know of. At least he didn't sit on his hands and allow an American ambassador to be murdered.

 

 

Your the last person I would go to for Information on Benghazi, TBL. Skirt chasing in MBK sure but ... right ... :biggrin: 

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19 minutes ago, bristolboy said:

Sullivan was being acclaimed by the right as an heroic defender of justice

 

This morning's "hero" is this afternoon's "enemy". Welcome to tumpworld, no, not the never-built amusement park which would have dissolved into bankruptcy after not paying the workers.

 

The knots Sarah Sanders tied herself into were amazing. They're backing off "entrapment" and falling back to "ambush".

 

 

Comey testimony...much republican focus on the Flynn "interview"

 

https://d3i6fh83elv35t.cloudfront.net/static/2018/12/Comey-interview-12-17-18-redacted.pdf

 

 

 

 

Edited by mtls2005
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41 minutes ago, TallGuyJohninBKK said:

Thanks to this judge for bringing mention of "treason" back into the public discussion of Trump and Co.'s dealings with Russia. The past Trump-Putin summit, and Trump's repudiation of his own intelligence community's assessments, brought the treason issue to the public fore, but then it subsequently subsided into all the swirling details and facets of Trump and the Mueller investigation.

 

I have no idea if Flynn's past conduct would legally constitute treason. But ultimately, that's the path Trump has been headed down with Russia and Putin since the presidential campaign, and who knows how far it would have gone, and how much he would have sold out his country, had not his entire administration pretty much been engulfed by the special counsel's Russia collusion investigation from Day 1 to present.

 

Sad to say, the current president is a menace to the American democratic system, to the American rule of law, to truth and justice, and who knows how much else.

 

 

Actually - the judge was referring to his lying about treason.

 

It doesn't appear that any actual crime was committed in his dealings with Russia, just the fact he tried to make out they didn't exist.

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1 hour ago, pedro01 said:

It doesn't appear that any actual crime was committed in his dealings with Russia

 

It's called Conspiracy to Defraud the United States Government.

 

United States Code: Conspiracy, 18 U.S.C. §§ 371-372 (1958)

 

No clue if this is an "actual" crime in your world? But it is here in the real world (U.S. of course).

 

You sound like Rudy Giuliani.

 

In related news...

 

Federal judge puts Michael Flynn under travel restrictions

 

Judge Emmet Sullivan has ordered former national security adviser Michael Flynn to surrender his passport and remain within 50 miles of Washington, D.C., beginning Jan. 4, 2019.

 

Why it matters: Judge Sullivan said he was unaware that no pretrial travel restrictions were imposed on Flynn, as is typically the case for defendants who are out on personal recognizance. Flynn's sentencing hearing Tuesday took an unexpected turn for those expecting the retired three-star general to receive leniency, as the judge blasted Flynn for committing crimes while serving in the White House and argued that he sold out his country.

 

https://www.axios.com/federal-judge-michael-flynn-travel-restrictions--9a7ec5a2-cfca-44a4-9cbd-4eda68ba3695.html

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1 hour ago, pedro01 said:

 

Actually - the judge was referring to his lying about treason.

 

It doesn't appear that any actual crime was committed in his dealings with Russia, just the fact he tried to make out they didn't exist.

I wonder What was under all that black ink in the pages and pages of redacted indictment?

 

I’m patient enough to wait and see.

 

Not that it will be a long wait.

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The judge apologized for his comments as he mis read the dates

He was corrected by the prosecuting attorney.????

"I felt terrible about that," Sullivan says, after the prosecutor notes Flynn's conduct as a foreign agent ended in mid-Nov 2016. "I'm not suggesting he committed treason," Sullivan adds, further apologizing for his remarks in the prior session.

https://www.bloomberg.com/news/articles/2018-12-18/ex-trump-aide-flynn-to-be-sentenced-in-washington-court-update

 

You can't make this stuff up. 

 

 

 

 

 

 

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11 minutes ago, Srinivas said:

"I'm not suggesting he committed treason," Sullivan adds

 

Phew.

 

I'm sure everyone feels better.

 

Technically, treason requires cooperating with an enemy state with which we've declared war. Given we haven't declared war since what, 1941, even though we've been in a nearly unbroken state of war somewhere, treason is not on the table.

 

 

 

Edited by mtls2005
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