Patterico's Pontifications

12/18/2018

Michael Flynn ‘s Sentencing Postponed

Filed under: General — Dana @ 2:45 pm



[guest post by Dana]

Michael Flynn faced an angry judge at his sentencing hearing :

A federal judge on Tuesday postponed the sentencing for Michael Flynn after he lambasted President Trump’s former national security adviser for trying to undermine the country and warned he might not spare Flynn from prison.

The stunning development means that special counsel Robert S. Mueller III’s engagement with Flynn will continue for some months longer, leaving Flynn to wonder whether he will lose his freedom. Flynn’s attorney requested the delay after the judge’s opinion became apparent, hoping further cooperation with law enforcement could earn the court’s mercy.

From the start, U.S. District Judge Emmet G. Sullivan made clear he was infuriated by Flynn’s conduct — both in lying to the FBI while in the White House, and working to advance the interests of the Turkish government while he was a part of Trump’s campaign.

The judge seemed to take particular umbrage at the suggestion made by Flynn and his supporters, just before the sentencing, that he was duped by the FBI. Early in the hearing, Sullivan forced Flynn to admit publicly that he knew lying to the bureau was illegal, and that he was guilty of a crime. Later, the judge pointed to an American flag as he berated the former three-star general for his misdeeds.

“Arguably, that undermines everything this flag over here stands for,” the judge said. “Arguably, you sold your country out.”

Flynn, standing straight and flanked by attorneys on either side, looked shaken, his jaw clenched.

Also, the judge cautioned Flynn:

The judge said he would take into account Flynn’s cooperation, but he also detailed Flynn’s crimes.

“I’m not hiding my disgust, my disdain for this criminal offense,” Sullivan said.

He issued Flynn a warning, and asked if he might like to postpone the sentencing, so he could keep cooperating with the special counsel’s office.

“I cannot assure you, if you proceed today, you will not receive a sentence of incarceration,” Sullivan said.

The administration responded to today’s developments with this from Sarah Sanders:

“The FBI broke standard protocol in the way that they came in and ambushed General Flynn.”

Tweeting before today’s hearing, President Trump wished Flynn “good luck”:

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!

Have at it.

(Cross-posted at The Jury Talks Back.)

–Dana

158 Responses to “Michael Flynn ‘s Sentencing Postponed”

  1. Hello.

    Dana (023079)

  2. could the judge have been more sleazy or more unprofessional

    happyfeet (28a91b)

  3. Chait spelled it out pretty well.

    What makes this turn of events so devastating is that conservatives have held out Sullivan as the judicial hero who would vindicate their theories. Fox News legal pundit Jeanine Pirro called him “a jurist unafraid of the swamp, a judge who has a track record of calling out prosecutorial misconduct, a man who does not tolerate injustice or abuse of power.” Wall Street Journal columnist Kimberley Strassel praised Sullivan as “a judge who is wise to the tricks of prosecutors and investigators … His reputation is for being no-nonsense, a straight shooter, an advocate of government transparency.”
    Anticipating just such a triumph, Eli Lake published a column this morning speculating that Flynn had been entrapped and was owed an apology.
    Instead, Flynn’s judge reeled in shock at the severity of his crimes, hinting that he might hand down prison time despite Robert Mueller’s recommendation that Flynn go free due to his cooperation. For this reason, Sullivan offered, and Flynn accepted, a 90-day delay, so that Flynn might have more cooperation to show in order to bargain down his sentence. In the meantime, Sullivan dealt a death blow to the theory that Flynn’s crimes were minor, let alone that he had been mistreated by prosecutors.

    Flynn is going to have to do a lot cooperating in the next three months to stay out of prison. Lake’s piece was especially embarrassing.

    Paul Montagu (bc10b1)

  4. whay’s funny is Flynn didn’t actually commit any crimes and he’s still getting railroaded by the sleazy fbi and a corrupt federal judge

    happyfeet (28a91b)

  5. oopers *what’s* funny i mean

    happyfeet (28a91b)

  6. perhaps in 90 days the turkish issue will clear or convict Flynn.

    mg (8cbc69)

  7. One of the most perfect quotes of the weekend was “judge” Jeanine Pirro talking about how super awesome actual judge Sullivan was.

    Colonel Klink (Ret) (ffba1f)

  8. And since the more general topic is corruption by Trump and the people in his orbit, the Trump Foundation dissolved today because of general corruption and self-dealing.

    Paul Montagu (bc10b1)

  9. a lot of negativity in the thread tonight

    happyfeet (28a91b)

  10. Can’t wait for McCabe to stand before this judge. Right.

    Munroe (a19c29)

  11. Had the judge not been angry with Flynn and even “thrown out this guilty plea if he concluded the FBI intentionally interfered with their target Flynn’s constitutional right to counsel,” as suggested by Pirro, then I suspect he would be praised by commenters here now scorning him. Consider this, on top of Pirro’s positive assessment of Sullivan, linked by Col. Klink:

    I have practiced before Judge Sullivan. He is a fair and decent judge and extremely professional to all parties. However, he will not put up with shenanigans and will not be taken advantage of. I believe that Flynn was lucky he gets a redo.

    Dana (023079)

  12. Nice to see that there are still a few ‘law and order’ judges on the federal bench.

    Dave (7d3aca)

  13. Judge Sullivan’s clearly off his meds, and it’s very sad, but we can’t let him give up on Christmas.

    With our help he can still turn this around.

    happyfeet (28a91b)

  14. If the judge has said the FBI violated his rights I’d have believed it.
    The judge doesn’t seem to be saying that, and I’ll accept this decision also.

    Time123 (b87ded)

  15. both in lying to the FBI while in the White House, and working to advance the interests of the Turkish government while he was a part of Trump’s campaign

    Is the latter a crime (even if it is sleazy)?

    If not, why is that relevant to his sentence?

    Bored Lawyer (8ea02a)

  16. He filed false information on his security clearance renewal, I believe.

    Dave (7d3aca)

  17. Sullivan vs. Flynn; sounds like a heavyweight bout circa 1906.

    DCSCA (797bc0)

  18. Is the latter a crime (even if it is sleazy)?
    If not, why is that relevant to his sentence?

    It’s a crime to be an unregistered agent of a foreign government, which is what Flynn is guilty of but, IMO, it’s unpatriotic and un-American to be an agent for a foreign government while working for a presidential candidate and president-elect. Flynn’s lies about his work with Turks was part of the plea deal, but I don’t the deal included violations of the FARA.

    Paul Montagu (bc10b1)

  19. So much sleaze, it’s hard to keep track of it all.

    But I will NOT give up on Christmas.

    Dave (7d3aca)

  20. Rush Limbaugh gave his audience a totally different impression. he made it sound like the judge was unhappy with Mueller. Maybe he was.

    https://www.rushlimbaugh.com/daily/2018/12/18/i-think-michael-flynn-is-scared-to-death

    Rush’s Running Commentary on the Flynn Sentencing Hearing

    Dec 18, 2018

    …..

    But Flynn is saying to himself, “I did worse than that,” or, “They’re charging me with worse. They’re charging me with not registering as a foreign agent! They’re charging me with a bunch of stuff. I don’t want to go there. They’ve agreed to take all that off of table instead of lying to the FBI. I want to stick with this, Judge.” Flynn’s admitting he knew that lying to the FBI was a crime. What this is all about — and the reason why we are even talking about this — is because James Comey has been out bragging for about a week now what he got away with…

    ….The judge has spared no words in shaming Michael Flynn. But at the same time, he is pursuing this — according to things that people in the courthouse are saying — in a kind of strange way. He’s making Flynn confirm multiple times that he knows what’s goin’ on here. Now, the prosecutors have recommended no jail. The sentencing window for what Flynn’s guilty of here, what he’s pleading guilty to is zero to six months, and the prosecutors have told the judge they recommend zip.

    Sammy Finkelman (102c75)

  21. And since the more general topic is corruption by Trump and the people in his orbit, Roger Stone is getting sued for a false story that he fed to Infowars, but he’s blame-shifting, saying that Sam Nunberg was Stone’s source. Poor Roger must’ve been duped by that Nunberg character. His only fault was that he really, really believed Nunberg, just like a little Pikachu really, really believes his president.

    Paul Montagu (8d207c)

  22. Rush Limbaugh gave his audience a totally different impression. he made it sound like the judge was unhappy with Mueller. Maybe he was.

    He seemed to be, but more about wanting to give Flynn any consideration, basically Mueller was too forgiving for cooperation. I would concur, even if it was a token like with Pappadapado.

    Colonel Klink (Ret) (f300be)

  23. The judge actually asked (rhetorically) why Flynn was not charged with treason. Apparently he was not talking about being on the payroll of Russia and trying to influence foreign policy…but the Kislyak conversation??

    What would fit the definition of treason would be aiding ISIS perhaps.

    There’s a problem when you hear things second or third hand.

    Sammy Finkelman (102c75)

  24. There’s something wrong, here, but I can’t quite find the words for it. It’s somewhere between “judges should apply the law equably and temperately in accordance with due process” and “we need to be impeaching more black-robed, petty tyrants who get their jollies from tormenting the helpless defendants that are brought before them for sentencing”.

    nk (dbc370)

  25. I think the latter, this has been a travesty of two mockeries of a sham, so turkey is the enemy now, I thought they were the lead source for intel on Saudi arabia, you do seem to swear by yeni sayfak, nowadays,

    narciso (d1f714)

  26. Reckless speculation: I think the FBI has Flynn’s kid over a barrel and while the judge is basically begging this guy to take his guilty plea off the table, Flynn can’t because they’re going to put the screws to his son.

    Hawkins (8c963f)

  27. because once upon a time, Sullivan did the right thing, too late to save senator steven’s life, but he gets a silver medal, by the standards that this crew has let men die in prison, to protect govt informants, well he’s getting off easy,

    narciso (d1f714)

  28. And the thing is, he did lie to the FBI, but he was asked only because of an illegal leak, but there were genuine patriotic reasons for getting Flynn out of the White House, and it was a sting operation, and he actually never violated the law in question here – the Logan Act, but he didn’t know it, and maybe the reason he never tried to negotiate with Russia while not in offixe, was more because he was acting without Trump’s authorization than becausd of any acruples, and the FBI probably changed its 302 one or two times, with the last one being dated seven months after the interview, and Comey did in fact let Flynn go when Trump requested it.

    Sammy Finkelman (102c75)

  29. narciso (d1f714) — 12/18/2018 @ 4:26 pm

    so turkey is the enemy now, I thought they were the lead source for intel on Saudi arabia,

    Both things are true.

    Sammy Finkelman (102c75)

  30. Interesting observation by Marcy Wheeler, which explains Sullivan’s line of questioning this morning.

    There is already simply a ton of discussion on the Flynn proceeding today, I will leave that to others. But there was one little nugget I say from, I think, Glenn Kirshner, as almost a throwaway comment, on MSNBC that Judge Sullivan insisted Mike Flynn be sworn in before proceeding today. I was not really ready to write about this until confirming it from others in the courtroom this morning. I have now received that corroboration from multiple sources. In fact, Judge Sullivan directly said he was doing so because “he was doing basically an extension of the plea colloquy”. Wow!!
    This is fairly notable. Defendants get sworn in for their plea allocution, but not their sentencing. Judge Emmet Sullivan was laying in the weeds for Flynn from moment one.

    Paul Montagu (8d207c)

  31. Reckless speculation: I think the FBI has Flynn’s kid over a barrel and while the judge is basically begging this guy to take his guilty plea off the table, Flynn can’t because they’re going to put the screws to his son.
    Hawkins (8c963f) — 12/18/2018 @ 4:29 pm

    I think it’s reasonable speculation that Flynn was blackmailed into pleading guilty by threats to his family, like Cohen, but I don’t think this judge is concerned about that. I think he’s in a mood to frag an officer.

    nk (dbc370)

  32. Think about this, also:

    Once Flynn is sentenced, the criminal case is over. “Justice has taken its course.” Trump is in a very good position to commute his sentence, without being non-risibly accused of obstruction of justice. That would send a signal to Manafort, Cohen and others who are still cooperating with Mueller that they might get the same clemency if they don’t piss off Trump. But now that signal has been delayed for ninety days.

    nk (dbc370)

  33. look at it from Sullivan’s side, he did one decent thing, and his former colleague eric holder, reinstated the officials involved in the stevens fraud, there’s a lesson there,

    the departed was actually a best case scenario, there was no one crazy enough to attempt to infiltrate whitey bulger’s organization, and we see why Delahunt became a congressman, weld became governor, and we know where mueller ended up

    narciso (d1f714)

  34. Lying to the coppers is treason now? The judge needs to calm down and maybe get a visit from the professional conduct people.

    Kevin M (cb624b)

  35. a judge who has a track record of calling out prosecutorial misconduct

    Yet ZERO of these crooked attorneys has spent an hour in the slammer. Until that happens, he’s just playing with himself.

    Kevin M (cb624b)

  36. I find it fascinating that Flynn, having acted in behavior truly characteristic of the DC Swamp (especially in regards to Turkey), is being defended, strenously so, by the people who are support Trump as a means of draining the Swamp.

    Kishnevi (42c62a)

  37. Well after holder reinstated the prosecutors Mueller fired the whistleblower Chad joy and let Allen’s FBI handler stay on, there wasnt much he could do.

    Narciso (d1f714)

  38. He filed false information on his security clearance renewal, I believe.

    THAT would be a problem. It’s not charged, however, so it’s just a rumor.

    Kevin M (cb624b)

  39. It’s really dark humor like the python sketch that ends ‘you didn’t expect the Spanish inquisition’ judge Sullivan took those 302s and used them for sanitary methods.

    Narciso (d1f714)

  40. the whole court system’s just so scuzzy and disgusting anymore

    happyfeet (28a91b)

  41. I find it fascinating that Flynn, having acted in behavior truly characteristic of the DC Swamp (especially in regards to Turkey), is being defended, strenously so, by the people who are support Trump as a means of draining the Swamp.

    The only swamp dwellers that get hauled before a court are those that support Trump. These are show trials, for things that they all do, with the crimes being chosen to get the targeted men. It is so corrupt that just watching it is corrosive.

    Kevin M (cb624b)

  42. yes yes nazi show trials

    happyfeet (28a91b)

  43. Of course, the real problem is that Trump is so effing incompetent that these grabass charges might sink him. He’s a bobble-head pinata whose only response is rage.

    Kevin M (cb624b)

  44. “blackmailed into pleading guilty”

    It’s not blackmail. Flynn (and his idiot son) could be charged with the same crimes re: Turkey as Flynn’s “business associates” were yesterday. They weren’t in order to insure Flynn’s cooperation. It was a sweetheart deal for Flynn and son, and the judge seemed somewhat incredulous that it was given.

    Davethulhu (c2a30b)

  45. Let them try this crap in 2021 with President Cruz.

    Kevin M (cb624b)

  46. Ah nazi analogies is so over done, the colonels of nks acquaintance were just as willing to beat you with a knout then try you, so I’m given to understand.

    Narciso (d1f714)

  47. For writing an OP ed in the Washington post, ‘that escalated quickly’ besides Gulen lives on a fortified compound in Pennsylvania a little like strother Martins character in hatper.

    Narciso (d1f714)

  48. That compound was in the poconos where I used to visit at least every other year when I lived up north.

    Narciso (d1f714)

  49. SO overdone

    happyfeet (28a91b)

  50. Let them try this crap in 2021 with President Cruz.

    Think they’ll finally come after his dad for the JFK assassination?

    Dave (1bb933)

  51. Like gator I had a Mexican restaurant, ot taste like meat gum

    Narciso (d1f714)

  52. gator’s tricky

    we have one gator place here i know of and i never been they do the whole gator for you

    this place might be my back-up for niece-person’s graduation dinner next year but i doubt it will come to that

    but if i have to accommodate more people than I expect it’s an option

    happyfeet (28a91b)

  53. Maybe they overcooked it, it’s a place cracko’s maybe kish knows it,

    Narciso (d1f714)

  54. Louisiana gators? Ewww…

    Dave (1bb933)

  55. The lying charge appears to be Flynns reward for snitching on his associates, that didn’t seem to sit well with Judge Sullivan.

    mg (8cbc69)

  56. I can understand the judge waiting to see what happens to the turkey jerky

    mg (8cbc69)

  57. Well they brought him the project, sort of like those two lobbyist for Qatar allenham and muzin who wanted to involve him in a similar deal

    Narciso (d1f714)

  58. Don’t know it. But while giraffe meat is kosher if properly schechted*, gator is not.

    *if you ever have known someone named Schechter, you can assume some paternal ancestor was a kosher butcher.

    Kishnevi (42c62a)

  59. So scales aren’t kosher, it’s not Hooved is it?

    Narciso (d1f714)

  60. Scales and fins for fishes
    Hooves and cud-chewing for land animals
    Birds are more diverse, but one general thing is that birds of prey and scavenger birds are not kosher,
    Turkey is kosher because of a polite fiction that it’s a kind of chicken.
    But there are people who claim not all chickens are kosher. If this seems odd, it is. But the logic is based on the premise that scientific species are not the same thing as Biblical species (what Scripture refers to in phrases such as “according to its kind”).

    Kishnevi (42c62a)

  61. Too many rules, I think I can see the point with birds of prey,

    Narciso (d1f714)

  62. Those are the simple rules. The rules about slaughtering are pretty complicated. Most important is that if the animal is found to have an illness or injury that would have been fatal, it can not be accepted as kosher. That’s why all those methods of stunning or otherwise “mercifully” killing the animal before the official act of slaughtering can’t be used. The stunning becomes a disqualifying injury. The same rule applies to halal meat btw. Most meat that is rejected for this sort of thing is passed in to Gentile meat processing plants, because what kosher slaughter calls a disqualification often passes USDA standards.

    Kishnevi (42c62a)

  63. The judge has pretty much reversed himself, this looks like yet another case of Fake News running with their own narrative and avoiding context:

    https://twitter.com/Barnes_Law/status/1075219151440900096

    Looks like media misrepresented Judge Sullivan’s comments. He never accused #Flynn of treason. He was asking which charges were looked at as part of the deal versus charges looked at & passed over b/c there was no facts behind them. Judge: “I wasn’t saying he committed treason”

    Naturally, he links his sources.

    Further, the DISGUST was at the notion that he was still lobbying for Turkey while serving as NSA, which was, of course a lie that the media would very much like to repeat without questioning. Like Roger Stone, and unlike the rest of the mainstream media, he walked back his mistake publicly and immediately like a normal person and not a PR hack:

    “The judge presiding over Michael Flynn’s case exhibited a lot faster and more sincere remorse for his major error of fact than most media outlets in have exhibited when making huge errors on this story”

    https://twitter.com/ggreenwald/status/1075169991987748865

    He also seems to have the measured take on it:

    https://twitter.com/Barnes_Law/status/1075103247075962880

    “Thread: FLYNN sentencing. Alternative take. Judge Sullivan doesn’t want to be made an unwilling participant in a man being convicted of a crime he didn’t do. Procedurally, only safe route for Judge is if Flynn withdrew plea. Judge suspects Flynn plead to dodge non-Russia charges.”

    “Judge then asked about further cooperation, implying to prosecutors he knows cooperation isn’t the real reason for this plea. Judge used exaggerated rhetoric (he would apologizer) to tell Flynn he can sentence him based on non-Russian charges anyway if Flynn didn’t withdraw plea.”

    “The most common thing the Judge said today: he will not accept a plea of guilty to a crime that did not happen. Judge suspects prosecutors coerced plea based on other non-Russia charges, thus the questions & comments on those charges with inflamed rhetoric to both sides & Flynn.”

    “Mueller cannot admit truth to the Judge. Flynn cannot walk back the plea given coercive power of Mueller. No lawyer can (w/o client risk) say what is going on in the courtroom. Even exaggerated rhetoric from Judge cannot get anyone to budge. Welcome to Inquisition-style Justice.”

    Nobody on either side of the divide is going to be satisfied with this, but then again, this trial isn’t about actual crimes and the prosecuting attorneys are completely untrustworthy to the public.

    Timmy (7d65fe)

  64. Timmy, having heard some of the audio and read the transcripts, that’s not what happened.

    Kishnevi (42c62a)

  65. We’re trying to make some sense of this Morgan peroration,

    Narciso (d1f714)

  66. You guys sure love to shout “Fake News.” I have to wonder, did you ever say that when Trump praised the Nat’l Enquirer? No of course you didn’t. And do you ever say it in response to one of Trump’s countless lies? No. Never. That really tells me all I need to know about cries of “Fake News.”

    JRH (fe281f)

  67. Timmy, having heard some of the audio and read the transcripts, that’s not what happened.

    You mean Timmy/Jeklik/Nicol made up stuff out of wholecloth? No, color me shocked, OUTRAGE!!!

    Colonel Klink (Ret) (c9b82f)

  68. Freeman from bonfire of the vanities, that was a cruel thing depalma did.

    Narciso (d1f714)

  69. Here’s the preview for the next two years: Trump retreats on shutdown:

    In a swift reversal, the White House on Tuesday dropped its demand that a government funding measure include $5 billion for President Trump’s wall on the Mexican border.

    Trump’s concession paves the way for lawmakers to reach a compromise and end the Congress without a partial government shutdown. It also raises questions over whether Trump will ever get full funding for his wall now that Democrats are poised to take control of the House in a few weeks.

    Republican and Democratic leaders still need to iron out the details of a possible deal, but the biggest wild card in the debate, Trump, appears to have taken a shutdown off the table.

    Still, the walk-back is a stunning blow to the White House and Republicans, who stared down and out-maneuvered Democrats in a three-day shutdown in January. This time around, Republicans caved.

    So much for Mr. “I’ll Be Proud to Shut Down the Government.”

    Beldar (fa637a)

  70. Not only that, Beldar, but the US announced $10 billion in foreign aid to Mexico and Central America. This isn’t a win on spending.

    Kevin M (cb624b)

  71. I expect Trump to pack it in, cutting a backroom deal. No re-election, and the investigators lay off. I also expect the Dems to renege.

    Kevin M (cb624b)

  72. mr. trump the president knows that he will have many more chances to shut down the government when it’s not christmas

    he is very smart that way and that’s why i love him more than almond milk eggnog

    nk (dbc370)

  73. ‘So much for Mr. “I’ll Be Proud to Shut Down the Government.”’
    Beldar (fa637a) — 12/18/2018 @ 9:06 pm

    No doubt this greatly disappoints the bulk of Republican leadership in the house and senate, who have always been itching to lay down the gauntlet on immigration. It takes a wet paper bag to hold them back.

    Munroe (822f40)

  74. Ken White is a lawyer and former prosecutor and Byron York is not. The latter is a pundit, a talking head.

    Former National Security Advisor Michael Flynn on Tuesday got an unpleasant lesson on the difference between politically effective arguments and legally astute ones. Backed by an array of well-wishers including President Trump, and buoyed by widespread conservative arguments that the FBI had violated his rights, Flynn walked into a federal courtroom in Washington hoping for the probationary sentence that Special Counsel Robert Mueller had recommended. Instead he was threatened with jail by a furious United States District Judge Emmet Sullivan, who accused him of selling America out and forced him to retreat from his evasions. Flynn’s lawyers hastily agreed to delay the sentencing until March 2019 so that he might strive to cooperate further with the Special Counsel and perhaps work off the custodial sentence that Sullivan was clearly contemplating.
    This may have been a shock to Flynn, but it was predictable to everyone who understands that federal court is neither Twitter nor a cable news show.

    As Ms. Wheeler observed, it’s rare for a judge to put a defendant under oath during a sentencing hearing, but he did it because of the way Flynn’s defense team handled things.

    Paul Montagu (8555ac)

  75. Maybe Flynn should have opened that GoFundMe account and bought himself a better legal team.

    “I don’t know what his lawyers were thinking,” says Nick Akerman, a former assistant U.S. attorney, a former assistant special Watergate prosecutor, and a partner at Dorsey & Whitney. As a defense lawyer, “you really ought to be in the position of complete contrition and saying, ‘Look, my client did something that was wrong, he made up for it, he’s cooperated,’” he says. “To take the tack that somehow the government was at fault here is completely absurd.” There is “no question whatsoever” that Flynn’s lawyers miscalculated, says the former federal prosecutor Renato Mariotti. “The judge rightly saw that there was no misconduct by the government and appropriately criticized Flynn’s apparent failure to accept responsibility for his criminal activity,” he adds.

    Paul Montagu (8555ac)

  76. And since the more general topic is corruption by Trump and the people in his orbit, it is now a fact that Trump signed a letter of intent to develop Trump Tower Moscow–a deal that could not be approved without the consent of the Putin Kremlin–in October 2015, five months after Trump glided down the golden escalator in Trump Tower NY. It’s probably not illegal that Trump did such a thing while running for the American office of president, but this conflict of interest is unpatriotic and un-American, and I’ll just say that Trump himself is unpatriotic and un-American.

    Paul Montagu (8555ac)

  77. The same stupid “admit guilt, then go on FoxNews and claim you’re the victim of a conspiracy” strategy that got Dinesh D’Sousa a much stiffer probation than he would have received if he’d kept his mouth shut after pleading guilty.

    Dave (1bb933)

  78. I expect Trump to pack it in, cutting a backroom deal.

    Nothing would make me happier than if you were right.

    But I think there’s no chance in hell that you’re right (unless things reach the Nixon-esque stage where conviction by the senate is all but a certainty).

    Running for office – and receiving the adoration of his armies of cultists every day while he performs his stand-up act – is Trump’s favorite thing in the world. He’s never been interested in governing, and once the campaign starts, he won’t have to even pretend to do it for close to a year.

    I’m not sure even the economy tanking (as looks increasingly likely) would deter him. It will all be someone else’s fault, after all.

    Dave (1bb933)

  79. Fire the Fed

    mg (8cbc69)

  80. Jail Time? Just treat the General as if she is Hillary, Huma, The Podesta’s, Comey,etc. etc.

    mg (8cbc69)

  81. The DOJ immunized all of Hillary’s people, their Hillary minions go after trump’s barber,

    They did the same with Nixon, lbj got rich off every sinecure, Bobby Baker got off Scot free,

    Narciso (d1f714)

  82. Majority rino whip Thune can kiss my….

    mg (8cbc69)

  83. Were supposed to ignore the double standard

    Narciso (d1f714)

  84. We only knew of Flynn, because Susan rice unmasked him, she gets to keep her security clearance easy peasy.

    Narciso (d1f714)

  85. All of general Flynn’s people lost theirs in part for challenging the disbursement of the dias reserve account.

    Narciso (d1f714)

  86. Were supposed to ignore the double standard

    Do you prefer — this Democrat acted horrid in 2003 sometime and got away with it, so we get to act horrid? Corruption for thee…well then, give me some of that?

    Appalled (d07ae6)

  87. You ever wonder how did they find out, if he didn’t file paperwork, no why would that matter, they didn’t need an in during the Obama administration Erdogan was his bff, even after taksim square.

    Narciso (d1f714)

  88. No appalled every (redacted) time, Berger pilfered confidential documents, destroyed some he got a slap on the wrist, it was only revealed a year later on the eve of the democratic primary.

    Narciso (d1f714)

  89. Ought to be a law – only tradesmen can be politicians. Look at what all the lawyers have done to this country. A gosh darn shame.

    mg (8cbc69)

  90. Can robots be lawyers?
    never mind, my mistake…

    mg (8cbc69)

  91. Cant get a robot lawyer to obey the three lawaof robotics

    Narciso (d1f714)

  92. this trashy judge in the flynn case is a hoot

    sounds like he’s drunk most of the time

    happyfeet (28a91b)

  93. @ Appalled – so you are just hunky dory with Obama and his minions weaponizing the FBI/CIA/NSA against Trump and getting away with it? Abusing the FISA court process in an effort to get some dirt on Carter Page?The most evidence the media and the Democrats have that Trump is dirty is the Trump Foundation self dealing, the disputed campaign finance violations and alleged tax shenanigans that are now outside the statute of limitations.

    CygnusAnalogMan (9c66ec)

  94. Yes hes fine with it, that’s been clear for 10 years now, and he’ll vote for beto or some other nicely polished cigar store Indian and then wonder what went wrong

    Narciso (d1f714)

  95. CAM:

    Why is a belief that a crime by side A is wrong and should be investigated and prosecuted assumed to be a belief that all that Obama’s folks did is all hunky dory and swell? I am open to the idea there were abuses in the NSA process, even though it’s really striking how very little all this has come to.

    There is a presumption in your post that Trump’ s interactions with Russia didn’t merit scrutiny. I don’t agree with that.

    Appalled (d07ae6)

  96. 94 —

    And you’ll vote for Trump. Even if he’s in jail. Maybe even especially if he’s in jail.

    Appalled (d07ae6)

  97. Obama delivered #hashtags and c rations? Andkeot telling us Russia was losing while he swallowed half of Ukraine, he stripped Poland and Czechoslovakia of missile defense, he watched as the entire polish cabinet was annihilated at smolensk and then went out for ice cream, who was the real enabler.

    Narciso (d1f714)

  98. No I never voted for Raul Martinez, I would never vote for David Rivera, the first was protected by a west Virginia supreme court the second by the Latina protege of reno.

    Narciso (d1f714)

  99. Appalled – I think the lack of action on the FISA abuse stems from the career people under Rosenstein slow walking/ignoring/redacting the oversight of Congress in the matter and also the difficulty in making sure sources/methods aren’t compromised. What interactions? The dossier was full of unverifiable garbage bought and paid for by the Clinton campaign and the DNC. The interesting thing to me is this: Trump talks nicely and blandly about Russia in public, but the concrete measures already in place (sanctions, etc) haven’t been altered or weakened. Yet, you and the make believe media seem to believe he’s compromised by Russia without any verifiable evidence.

    CygnusAnalogMan (9c66ec)

  100. The media do not point out these glaring contradictions so he doesn’t enquire further.

    Narciso (d1f714)

  101. President Trump’s in charge and he’s doing a great job.

    I love love love how he’s pulling our hapless tatters out of Syria. This is heartwarming and beautiful, and when them tatters come home it’ll be like a Norman Rockwell picture cause of how right as rain it is, them coming home like that.

    And it’s all cause of President Trump doing the good leadership.

    happyfeet (28a91b)

  102. Can someone ‘splain something to me?

    Flynn pled guilty. Prosecutor accepted it and said Flynn cooperated to the point to recommending no jail time.

    Why should Judge Sullivan doubt that? What is he really doing? My layman take seems like both Flynn and Prosecutor agrees that the sky is blue, yet Sullivan is contesting that?

    whembly (b9d411)

  103. @ happyfeet – he actually has the equivalent of a combat brigade team in Syria/Iraq and all indications seem to point to him leaving it in place until ISIS is totally eradicated from the earth and they start to have somewhat normal government back in place. Maybe the Kurds will get more autonomy than they ever have had, which is a good thing in my mind. Naturally, the make believe media have ignored this accomplishment because it wasn’t their hero Obama.

    CygnusAnalogMan (9c66ec)

  104. No its cyan, not blue, there’s a difference (it’s the ink for my copier) we’ve betrayed the Kurds so many times, I dont know why they dont turn on us, 1919, 1963 1975 1991 1994.

    Narciso (d1f714)

  105. @ whembly – because Flynn and his lawyers decided to play a media game of being railroaded by Mueller and minimizing the other things he did that were illegal for which he wasn’t charged- mainly lobbying for Turkey while a member of Trump’s campaign and not registering as a foreign agent. I tend to think he was caught between a rock and a hard place with regards to the lying to the FBI charge because of his son’s possible shenanigans and the Turkey thing. It’s amazing how many fixers in DC do exactly the same thing and nobody says boo unless you happen to have been a very prominent Trump supporter who made a few errors in judgement.

    CygnusAnalogMan (9c66ec)

  106. it’s a silly part of the whirl for our hapless tatters to be prancing around

    dangerous, too

    and there’s no reason to think these pitiful bumblers can eradicate ISIS anymore than they radicatered the Taliban

    happyfeet (28a91b)

  107. @ Narciso – hope springs eternal? They don’t have very many options in the area. Iran/Turkey want to wipe them out and Iraq doesn’t feel that much warmer towards them. Lebanon is a mess and dominated by Hezbollah and Israel is probably their best friend in the region aside from us.

    CygnusAnalogMan (9c66ec)

  108. I love love love how he’s pulling our hapless tatters out of Syria. This is heartwarming and beautiful

    isis, syria and iran think so too

    i’ll bet they even behead or gas a few dozen children to celebrate and ivanka will cry

    Dave (1bb933)

  109. #105 @ whembly – because Flynn and his lawyers decided to play a media game of being railroaded by Mueller and minimizing the other things he did that were illegal for which he wasn’t charged- mainly lobbying for Turkey while a member of Trump’s campaign and not registering as a foreign agent. I tend to think he was caught between a rock and a hard place with regards to the lying to the FBI charge because of his son’s possible shenanigans and the Turkey thing. It’s amazing how many fixers in DC do exactly the same thing and nobody says boo unless you happen to have been a very prominent Trump supporter who made a few errors in judgement.

    CygnusAnalogMan (9c66ec) — 12/19/2018 @ 7:40 am

    I get that. I’m just driving at what is the Judge’s rationale. Why does it matter to him that Flynn pled a lesser charge, one that he may have NOT actually done in obvious horse trading in accepting a “lesser charge”.

    Accepting a lesser charge in lieu of not being charged for other greater infractions happens all the time. Why is this one different for this Judge??

    whembly (b9d411)

  110. all indications seem to point to him leaving it in place until ISIS is totally eradicated

    nope, cadet bonespurs waved the white flag on twitter this morning

    Dave (1bb933)

  111. Flynn attempted to have it both ways: Pleading guilty and “taking full responsibility” for his crimes while also following the Trump-cult narrative that the dirty FBI made him do it. The judge called his bluff, put him under oath, and forced him to put up or shut up. Flynn shut up. wilted like a day-old carnation. No your honor, you’re right, your honor, I’m sorry your honor.

    JRH (fe281f)

  112. Well Idlib province is the last al queda and Islamic state stronghold and Turkey has more than middling influence there, but we’re told to trust Turkey implicitly

    Narciso (d1f714)

  113. But we have a problem, because the merc employed by prigozhin are the ones that more often employed to crush Islamic state remnants we cant really go after both.

    Narciso (d1f714)

  114. #111 Flynn attempted to have it both ways: Pleading guilty and “taking full responsibility” for his crimes while also following the Trump-cult narrative that the dirty FBI made him do it. The judge called his bluff, put him under oath, and forced him to put up or shut up. Flynn shut up. wilted like a day-old carnation. No your honor, you’re right, your honor, I’m sorry your honor.

    JRH (fe281f) — 12/19/2018 @ 7:46 am

    Here’s the thing… I’d like to think that I’ve kept up with this story, and I don’t recall Flynn himself nor his attorney advocate for the “Trump-cult narrative that the dirty FBI made him do it”.

    Do you have citation for that? Did Sullivan directly state that?

    whembly (b9d411)

  115. One can walk and chew gum, but judge aullivan doesn’t want to challenge this band of prosecutors so he takes it on his victim, you’re ok with this?

    Narciso (d1f714)

  116. As to crimes of baser motivation, this line or reasoning scares me because it reminds me of the drive behind mainstreaming the mentally ill back into society away from the institutions:

    This will keep our communities safer, and provide hope and a second chance, to those who earn it. In addition to everything else, billions of dollars will be saved. I look forward to signing this into law!” Trump added.

    urbanleftbehind (5eecdb)

  117. @ Dave – I would have thought people would realize that him riffing on Twitter does not quite make it official policy? I’ll wait to see official statements announcing a withdrawal, etc. Long term, a US presence there is iffy especially with Bashir still nominally in power. I’d love to see him out, the Kurds getting a homeland, but that’s doubtful given we’d be redrawing borders from Turkey, Iraq, Syria, etc.

    CygnusAnalogMan (9c66ec)

  118. Accepting a lesser charge in lieu of not being charged for other greater infractions happens all the time. Why is this one different for this Judge??

    Judges have the sole authority to determine a convict’s sentence. The prosecutor (and defense, obviously) only make recommendations, which the judge is under no obligation to accept. This is also made very clear to the defendant when he pleads – that the judge may not accept the deal.

    In this case, clearly the judge in his discretion felt the recommended sentence was too light for the crimes. Judges look at the totality of the circumstances and reach a decision on what sentence is merited. That happens all the time too. And the decision can be colored by whether or not the convict shows remorse and appropriate respect for the process.

    Dave (1bb933)

  119. Flynn’s sentencing memo blames the FBI for not warning him against lying:

    https://assets.documentcloud.org/documents/5526100/Flynn-Defense-Sentencing-Memo.pdf

    JRH (fe281f)

  120. #119: Ah… good point. You’d think the defense would be concillatory as possible to engender more lenient response from prosecutors and the judge.

    whembly (b9d411)

  121. @CygnusAnalogMan – True, maybe he just wants to encourage and embolden our enemies while sowing doubt among our own forces.

    Dave (1bb933)

  122. The interesting thing to me is this: Trump talks nicely and blandly about Russia in public, but the concrete measures already in place (sanctions, etc) haven’t been altered or weakened. Yet, you and the make believe media seem to believe he’s compromised by Russia without any verifiable evidence.

    Evidence

    https://www.cnn.com/2018/12/18/politics/trump-signed-letter-of-intent-rudy-giuliani-moscow/index.html

    You can come to the conclusion there is a lot of something going on with Trump and Russia, even if you believe the dossier was a load of garbage. On the left, Marcy Wheeler takes this approach.

    Appalled (d07ae6)

  123. Since the general topic is court rulings, here’s a good ruling that favors Trump.

    Yesterday, a unanimous panel of the U.S. Court of Appeals for the D.C. Circuit rejected an ingenous attempt by the Electronic Privacy Information Center (EPIC) to obtain President Trump’s tax records through the Freedom of Information Act (FOIA).

    Paul Montagu (ae5bd2)

  124. @ Dave – were you part of the DC creased pants brigade cheering on Obama’s muddle and withdrawal from Iraq? Because he’s so smart, clean and articulate compared to Cadet Bonespurs, at least according to that creepy master of the bad touch, Uncle Joe Biden….

    CygnusAnalogMan (9c66ec)

  125. #99

    Here’s an illustration of you can worry about Trump/Russia while disregarding the Steele trash:

    https://www.emptywheel.net/2017/12/07/cognitive-rot-and-the-steele-dossier/

    Appalled (d07ae6)

  126. @ Appalled – a letter of intent is a preliminary step before negotiating an actual contract. He believed that there was a good chance he may lose the election. Optics wise, it doesn’t look the best, I agree. But he stepped away from the Trump business once he became president. And again, the establishment in DC has two different standards of appropriate behavior by politicians, depending on which party you belong to.

    CygnusAnalogMan (9c66ec)

  127. That’s not what was in the 302, marcy is one of muellers witnesses, the ones not paid through dia or other contracts.

    Narciso (d1f714)

  128. Yes who here understands the elements of a contract, bueller bueller,

    Narciso (d1f714)

  129. Appalled – yet you would think if Cohen has been cooperating with Mueller on all aspects of the investigation and provided evidence that his previous denials on meeting with Russian officials were false, this would be leaked to high heavens. It’s standard SOP for Mueller to allow his underlings to leak favorable information that makes Trump look bad. If Cohen was backtracking on all his previous denials, you’d have Mueller going to both Dem and Republican leaders in the House and Senate advising them to start impeachment and providing the evidence to do so. Yet, crickets. Why? Because there is no there there and there never has been with regards to the dossier and collusion. Collusion was a vehicle to get the camel’s nose under the tent and start a broader investigation that would have never gotten off the ground normally under the standard rules of evidence.

    CygnusAnalogMan (9c66ec)

  130. “Flynn’s sentencing memo blames the FBI for not warning him against lying:”
    JRH (fe281f) — 12/19/2018 @ 7:58 am

    McCabe who, unlike Flynn, lied under oath, blamed “the chaos that surrounded me” and “being singled out and treated this way because of the role I played, the actions I took, and the events I witnessed in the aftermath of the firing of James Comey.”

    I’m sure this won’t work in his favor when the screws are turned on him, he loses his house and assets, has massive legal debts, appears before Sullivan and risks going to prison.

    LOL
    He’s got a book deal.

    Munroe (f7c026)

  131. It’s standard SOP for Mueller to allow his underlings to leak favorable information that makes Trump look bad.

    This statement is 180 degrees opposite to the perception of this investigation in the media or anywhere else. So I’d love evidence.

    You remember before the counsel was appointed, there was a leak a minute on Russia. After Mueller took over, there’s been hardly a thing, except indictments and court filings.

    Appalled (d07ae6)

  132. @130. I acknowledge your point. McCabe lied and covered it up. He was referred for criminal prosecution and wasn’t prosecuted. I do see there is a double standard.

    JRH (fe281f)

  133. He leaks everything to the Washington post the times and the journal, except the documentation involved in each instance.

    Narciso (d1f714)

  134. There isn’t a place on good green earth that is spared his subpoenas, except possibly tehran.

    Narciso (d1f714)

  135. “McCabe who, unlike Flynn, lied under oath”

    Flynn committed more crimes than just “lying to the FBI”. This is just what he was charged with. He’s getting off easy.

    Davethulhu (fab944)

  136. Now that deal was treason, but no one seems to give a farthing about that.

    McCabe’s actions were under color of law, not as a individual

    Narciso (d1f714)

  137. Judge Sullivan was too inattentive to examine the evidence in the stevens case before hand, so after the seat was stolen he looked at the record.

    Narciso (d1f714)

  138. complete doofus

    happyfeet (28a91b)

  139. He did look at the record but by then Obama had his 59th vote, stuart smalley was the last brick in the wall.

    Narciso (d1f714)

  140. Judge Sullivan was too inattentive to examine the evidence in the stevens case before hand, so after the seat was stolen he looked at the record.

    Better late than never. I wish judges in the FISA courts were more concerned about fraud infecting the FISA process.

    AZ Bob (885937)

  141. No they are always in the right, even when they fail to surveil the known wolves

    Narciso (d1f714)

  142. Now judge Sullivan is forcing them to return those aliens already deported, that is what you wanted right?

    Narciso (d1f714)

  143. So shipwrecked perhaps too pointedly noted how infrequent any of these cases are brought, but that didn’t matter, because half of k street would be in jail, I dont know if that would be a bad thing, they could do the

    Narciso (d1f714)

  144. I don’t care about the details. Judges should not berate prisoners who can’t tell them to stick it up their black-robed, blue-slip special place.

    nk (dbc370)

  145. I agree with nk 100% on this point. It is not a judge’s place to express their personal beliefs or emotions from the bench, and it undermines the judiciary when they do so. Another recent of example of this came in the Larry Nassar case. I don’t see this judge’s emotional outburst as being particularly different from the execrable outbursts from the judge in the Nassar case.

    Leviticus (efada1)

  146. The Wall Street Journal editorial, and some other things made thsi clearer.

    What the judge said to Michael Flynn was:

    “All along, you were an unregistered agent of a foreign country while serving as the national security adviser to the president of the United States. That undermines everything this flag over here stands for. Arguably, you sold your country out.”

    He meant Turkey.

    Now when I first read that I thought – he was an foreign agent BEFORE he became national security adviser. He was national security adviser only to a major party candidate for president at that time (and in line to become National Security Adviser. He had stopped being that by that time.

    His main use was before. Turkey probably thought Trump would lose. So Flynn’s peak point of impact would be on Election Day and that’s the day an Op-ed article by Michael Flynn calling for Fethullah Gülen to be turned over to Turkey appeared in – I thought the Washington Post but it was The Hill

    https://thehill.com/blogs/pundits-blog/foreign-policy/305021-our-ally-turkey-is-in-crisis-and-needs-our-support

    ….The late Seyed Qutb in particular was very much in the Gülen mold. The author of 24 books on education and the arts, he assembled an inner circle of intellectuals and influential politicians. But contrary to this well-masked façade, Qutb’s writings provided the inspiration for terrorist groups like Al-Qaeda. Qutb was hanged in 1966 in Egypt for instigating rebellion….

    Anyway, the prosecutor had to pointbout that Flynn was not suspected of being an agent for a foreign power while serving as the national security adviser to the president of the United States and U.S. District Judge Emmet G. Sullivan actually had to apologize for that.

    Sammy Finkelman (102c75)

  147. Judge Sullivan gave up on christmas, and this reflects very badly on his character and his integrity.

    You never give up on Christmas.

    You just don’t do it.

    happyfeet (28a91b)

  148. whembly (b9d411) — 12/19/2018 @ 7:45

    Accepting a lesser charge in lieu of not being charged for other greater infractions happens all the time. Why is this one different for this Judge??

    I don’t think Judge Emmet G. Sullivan likes anyone pleading guilty to something he is not, in fact, guilty of, even if it is to avoid a guilty verdict on something that carries amore serious penalty that he is in fact guilty of. AI think a lot of judges don’t like

    I think Sullivan also warned him so much because he intended to give him a heavy sentence because of those other factors – things that he wasn’t charged with and did not plead guilty to – and he didn’t want Flynn backing out later.

    Sammy Finkelman (102c75)

  149. @ Dave – were you part of the DC creased pants brigade cheering on Obama’s muddle and withdrawal from Iraq?

    That’s a negative Ghostrider.

    Dave (1bb933)

  150. Ms. Wheeler brings up the fact that Michael Flynn and one of the indicted Turks (Bijan Kian) share the same defense attorney, Rob Kelner, the same guy who had the terrible judgment to write that awful sentencing memo on behalf of Flynn. The question I have is whether there’s a Joint Defense Agreement between Flynn and Kian.

    Paul Montagu (8d207c)

  151. Marcy only like lawyers when they are defending terrorists,

    Narciso (d1f714)

  152. I think of Gulen like Khomeini he would not seek power on his own, but he provided the infrastructure for erdogans takeover.

    As Mukasey reminds qutb was already critical of farouks moderate regime, that’s why they sent him to the us.

    Narciso (d1f714)

  153. Marcy only like lawyers when they are defending terrorists,

    Which lawyers?
    As for Gulen, it doesn’t matter what he did. At issue is what Flynn and his two co-conspirators did.

    Paul Montagu (8d207c)

  154. He made Erdogan possible his charter school network enable the same islamization here, now it sounds similar to the pitch against Anwar Ibrahim in Malaysia which not a few conservatives endorsed.

    Narciso (d1f714)

  155. He made Erdogan possible his charter school network enable the same islamization here

    Yeah, still not the point, so I’ll say it again: The issue isn’t about Gulen, it’s about what Flynn and his co-conspirators did. Far as we know, Gulen has broken no laws in the United States, but Flynn and his co-conspirators have committed felonies.

    Paul Montagu (8d207c)

  156. You keep using that word…

    Narciso (d1f714)

  157. You keep using that word…

    Which word?

    Paul Montagu (44aa53)

  158. Flynn and his co-conspirators have committed felonies

    lol you can’t trust the sleazy men ad women of the dirty dirty FBI

    they invented all the evidence they used to convict Mr. Flynn and even then they’re hard-pressed to say exactly what he did wrong

    promiscuous christmas elf Lisa Page the pass-around girl was their lawyer for crying out loud

    there’s something really wrong with these people

    happyfeet (28a91b)


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