(GIVE US DE-FENCE FUNDS!)
Turn that into a MEME now!
https://www.wsj.com/articles/the-real-story-of-the-flynn-hearing-11545264704
The Real Story of the Flynn Hearing by Michael Ledeen
Dec. 19, 2018
The dramatic Tuesday hearing for former national security adviser Mike Flynn didnt produce a sentence. Instead, Judge Emmet Sullivan gave Mr. Flynn a delay to reconsider his options. I was in the courtroom, and my reading of Judge Sullivans treatment of Mr. Flynn (with whom I co-wrote a 2016 book) was rather different from what most reporters have said and written.
Judge Sullivan repeatedly invited Mr. Flynn to reconsider his guilty plea on a charge of lying to the Federal Bureau of Investigation. Judge Sullivan stressed that he had not presided over earlier proceedings in the case and that he was prepared to have Mr. Flynn change his plea or even ask for a dismissal of charges. At times, the judge seemed to implore Mr. Flynn to reopen the deal he made with special counsel Robert Mueller, implying that there was reason to believe his guilty plea had been wrongfully arranged.
Mr. Flynn wasnt interested. Over and over he told Judge Sullivan that he was comfortable with his confession, did not wish to have it reconsidered, and wanted the judge to pronounce sentence. But Judge Sullivan continued unsuccessfully to invite a change in Mr. Flynns plea.
The discussion then shifted to whether the sentence should include jail timewhich prosecutors had recommended against. Mr. Flynns lawyers stressed that he had fully cooperated with Mr. Mueller, andas the special counsels written statements have reiteratedhe remained cooperative. That could include testifying against Mr. Flynns former business associates in a case from Virginia involving the Foreign Agents Registration Act.
Judge Sullivan then invited Mr. Flynn to ask for a sentencing delay until his potential role in the Virginia case was resolved, since it might add to the list of cooperative actions that could mitigate the sentence. Mr. Flynns lawyers accepted the offer. Later in the day, Judge Sullivan asked Mr. Flynn to surrender his passport and remain in the Washington area so the whole matter can be reopened anytime.
It was a bizarre situation. Judge Sullivan clearly did not wish to pass sentence, and he warned Mr. Flynn that the punishment could be greater than the low end the prosecutors and defense lawyers alike were seeking and that Mr. Flynn clearly wanted, thereby ending two years of misery.
One way or another, Mr. Flynn faces a gloomy future. Either he has to revisit the pleaperhaps exposing his son to hostile action from the special counsel, and certainly increasing his legal costsor insist on sentencing, about which Judge Sullivan was hardly encouraging, whatever happens in the Virginia case. Judge Sullivan asked a prosecutor if Mr. Flynns behavior might have risen to the level of treasonous activityalthough the prosecutor replied that was not something that we were considering in terms of charging the defendant and the judge later clarified that I wasnt suggesting hes committed treason and Ive never presided over a treasonous offense and couldnt tell you what the elements are anyway.
As I understood it, Judge Sullivan was warning Mr. Flynn that the sentence might take such nasty suspicions into account, to Mr. Flynns detriment. I think the judge was frustrated at his failure to persuade Mr. Flynn to reconsider his plea: If Mr. Flynn wont fight, Judge Sullivan wont do it for him. So its Mr. Flynn who must decide between two unattractive options.
The case drags on, as do so many special-prosecutor cases. I had six years of nastiness from independent counsel Lawrence Walsh in the Iran-Contra affair. The government was ultimately ordered to cover my legal costsbut again, it took six years. I entirely understand Mr. Flynns wish to put this behind him, and this weeks drama must have infuriated him. There he was, one short stepsentencingfrom the finish line. Now who knows? Theres no time limit, Mr. Mueller has an unlimited budget and a big, enthusiastic staff. Mr. Flynns lawyers surely told him what Washington lawyers invariably tell their clients: Play the game, get it over with. He didand it wasnt good enough for Judge Sullivan.
I do not believe Mr. Flynn lied to the FBI. I think he lied when he made his deal with Mr. Mueller, and his confession was a false one. The president can provide clarity by releasing all relevant documents.
Mr. Ledeen is a scholar at the Foundation for the Defense of Democracies.