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Mueller recommends no jail time for Flynn, citing his 'substantial assistance'
The Hill ^ | 12/04/18 | Morgan Chalfant

Posted on 12/04/2018 8:34:55 PM PST by yesthatjallen

Special counsel Robert Mueller has asked a federal court for no prison time for President Trump's former national security adviser Michael Flynn, citing his “substantial assistance” in the Russia investigation and other ongoing probes.

In a court filing released late Tuesday, Mueller said it would be “appropriate” for the judge to impose a sentence for Flynn that does not include prison time. Federal sentencing guidelines called for Flynn to be sentenced to between zero and six months in prison and face up to a $9,500 fine.

“The offense level and guideline range, however, do not account for a downward departure pursuant to Section 5K1.1 of the United States Sentencing Guidelines reflecting the defendants substantial assistance to the government, which the government has moved for contemporaneously,” Mueller’s prosecutors wrote in a filing on Tuesday, referring to a motion that a prosecutor files in a case where a cooperating defendant rises to the level of “substantial assistance.”

The sentencing memo filed by Mueller’s team of prosecutors on Tuesday came roughly a year after Flynn agreed to plead guilty and cooperate, which represented a bombshell development in the special counsel’s Russia investigation that brought him closer to the Trump White House.

There was broad speculation ahead of Tuesday’s filing that Mueller might reveal significant information about the extent of Flynn’s cooperation in the investigation into whether the Trump campaign coordinated with Russia in its election interference effort.

The memo and attached addendum describing Flynn’s cooperation, which total 13 pages, are heavily redacted in areas, to protect the subject of ongoing investigations. Mueller’s team also noted that Flynn’s full assistance may not yet be “fully realized” because “the investigations in which he has provided assistance are ongoing.”

Mueller’s prosecutors described Flynn in the filing as a valuable cooperator in the Russia investigation as well as an unknown criminal investigation and a third matter, the subject and details of which are completely redacted. Flynn sat for 19 interviews with the special counsel’s office and other Justice Department prosecutors over the course of nearly a year, in addition to providing documents and communications, according to the filing.

Prosecutors wrote that Flynn helped on a "range of issues" related to the Russia probe, including providing “firsthand information about the content and context of interactions between the [Trump] transition team and Russian government officials."

Last December, Flynn pleaded guilty to one count of lying to FBI agents in January 2017 about his contacts with the Russian ambassador to the United States and agreed to cooperate with Mueller’s investigation. The filing also rehashes his misstatements to FBI agents, including a second series of lies he told to the Justice Department regarding his contacts and work for the Turkish government.

Flynn in November 2016 wrote an op-ed for The Hill in which he defended Turkish President Recep Tayyip Erdogan amid growing concerns over Erdogan's crackdown on dissidents.

Flynn, a three-star Army general who once helmed the Defense Intelligence Agency under the Obama administration, became a vocal Trump surrogate on the campaign trail, memorably leading a “lock her up” chant about former Democratic nominee Hillary Clinton at the 2016 GOP convention.

Flynn went on to serve a brief stint as national security adviser but was forced to resign on Feb. 13, 2017, following revelations that he discussed sanctions with then-Russian Ambassador Sergey Kislyak and that the Justice Department had warned the White House that he was vulnerable to blackmail by Russia.

Flynn wrote in his resignation letter that he provided Vice President Pence with “incomplete information” regarding his phone calls with Kislyak, which had led Pence to go on national television and deny that the two discussed sanctions on Russia in conversations during the presidential transition.

Months after his resignation, Flynn agreed to cooperate with Mueller’s investigation.

Flynn has been widely viewed from the start as a key witness for Mueller as the special counsel looks to probe whether there was collusion between the campaign and Moscow. Mueller is also examining whether Trump obstructed justice.

Court filings made in Flynn’s case last year showed that he communicated with senior members of the transition about his conversations with Kislyak regarding sanctions.

Mueller’s prosecutors repeatedly delayed Flynn’s sentencing for nearly 10 months, a signal they were not finished debriefing him, until mid-September when Mueller asked Judge Emmet D. Sullivan to move forward with Flynn’s sentencing proceedings.

The filing comes two weeks in advance of Flynn’s sentencing in federal court in D.C. The government was required to file its sentencing memo by Tuesday, and Flynn’s attorneys have until Dec. 11 to file their own.

The crime carries a maximum sentence of five years in prison and maximum fine of $250,000, though federal sentencing guidelines call for Flynn to face much less – between zero and six months in prison and a fine of up to $9,500. Mueller also cited Flynn’s “exemplary” career in the military and public service when recommending a sentence at the low-end of the guidelines range.

Flynn is one of several Trump associates who have pleaded guilty and agreed to cooperate in Mueller’s investigation. Mueller has most recently secured cooperation from Michael Cohen, the president’s personal attorney who has admitted to lying to Congress about proposed plans to build a Trump Moscow property in order to minimize Trump’s links to the project.

Mueller also convinced former Trump campaign chairman Paul Manafort to cooperate in September, though his plea deal collapsed dramatically last week as Mueller’s prosecutors accused Manafort of repeatedly lying to the special counsel’s office and other FBI investigators.

Mueller is poised to make what could be significant filings in the cases involving both Cohen and Manafort later this week.

Others who have been charged with making false statements have received relatively light prison sentences, like former campaign adviser George Papadopoulos, who began serving a 14-day jail term last week.

Flynn’s sentencing is scheduled for Dec. 18, making him the fourth to be sentenced in connection with the investigation.

While his sentencing effectively marks the end of his cooperation, Flynn can still be called to testify at any upcoming trials and any testimony he has given to the grand jury can be used to indict would-be defendants in the future.


TOPICS: News/Current Events
KEYWORDS: again; flynn; jamescomey; lisapage; michaelflynn; mueller; peterstrzok; robertmueller; trump
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1 posted on 12/04/2018 8:34:55 PM PST by yesthatjallen
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To: yesthatjallen

Let the pardon begin.


2 posted on 12/04/2018 8:44:16 PM PST by Candor7 ((Obama Fascism)http://www.americanthinker.com/articles/2009/05/barack_obama_the_quintessentia_1.html)
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To: Candor7

Bob’s the one goin’ to jail.


3 posted on 12/04/2018 8:47:21 PM PST by txhurl (whoa)
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To: yesthatjallen

Robert “Nifong” Mueller may be spending significant time in court at the defense table. Let the U1 screwing begin!


4 posted on 12/04/2018 8:49:54 PM PST by SERKIT ("Blazing Saddles" explains it all.......)
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To: yesthatjallen

What a troll. Mueller...”Flynn is totally helping me. In fact, he’s helping me sooooooo much that I recommend no jail time.”

He’s just trying to goad Trump into making a dumb move. Mueller is an amateur.


5 posted on 12/04/2018 8:51:04 PM PST by DesertRhino (Dog is man's best friend, and moslems hate dogs. Add that up. ....)
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To: yesthatjallen

I am reminded of movies where the suspect who wouldn’t ‘talk’ was released and the word was put out that he ‘talked’.


6 posted on 12/04/2018 8:53:56 PM PST by UCANSEE2 (Lost my tagline on Flight MH370. Sorry for the inconvenience.)
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To: yesthatjallen

Wonder if Flynn will be interviewed about how Mueller treated him during the shake down? Will we see Flynn on Fox talking to Tucker or Hannity? Seems Mueller was more interested
in cover for his old friends including Obama and Hillary.


7 posted on 12/04/2018 8:54:34 PM PST by FreedBird (T)
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To: txhurl

Bob’s the one goin’ to jail.>>>>>>>>>>>

A one armed paper hanger can’t cover up everything.

My money is on the bogus FISA warrants for surveillance of the Trump campaign and its related counterintelligence ops prior toand after the inauguration, involving the foreign intelligence services of Australia and the UK.

Mueller and the DOJ seek to cover this up but in the end, its all coming out in the Presidents report inanswer to Muellers fictional endeavor. Batta bing, batta-boom!Rudy Giulliani will write it.

I hope that Mueller and his gang of racketeers and influence peddlers to big league time.Its a RICO prosecution of the highest order.Thats why the left is squealing so much about Whitaker.


8 posted on 12/04/2018 8:58:02 PM PST by Candor7 ((Obama Fascism)http://www.americanthinker.com/articles/2009/05/barack_obama_the_quintessentia_1.html)
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To: yesthatjallen

How nice of Mueller after he destroyed this man’s life and reputation...


9 posted on 12/04/2018 9:00:51 PM PST by Smittie (Just like an alien I'm a stranger in a strange land)
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To: Smittie

Could Flynn write a book to make some money he lost during this ordeal? It seems the people guilty of real wrong doing are swept under the rug, while Mueller tries to bully people to go against Trump. Will the truth be exposed?


10 posted on 12/04/2018 9:08:27 PM PST by FreedBird (T)
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To: yesthatjallen

Hold on now. He didn’t say no jail. He said maybe no jail. He recommended “a sentence at the low end of the guideline range including a sentence that does not impose a period of incarceration.”


11 posted on 12/04/2018 9:14:22 PM PST by conservative98
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To: yesthatjallen
Barbara(Flynn) ⭐️ ⭐️ ⭐️Redgate #WhoLeakedGenFlynn ‏ @BarbaraRedgate We just wanted to let Everyone know Our Family will be forever grateful for the outpouring of love, prayers & messages we have received today We are deeply moved and thankful. God Bless You! God Bless General Mike Flynn #FamilyForever #WWG1WGA 💖🙏🇺🇸🇺🇸🇺🇸


Barbara is Michael's sister. #WWG1WGA


12 posted on 12/04/2018 9:19:13 PM PST by so_real ( "The Congress of the United States recommends and approves the Holy Bible for use in all schools.")
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To: yesthatjallen

Robert “Nifong” Mueller will be spending some time in court at the defense table.


13 posted on 12/04/2018 9:19:38 PM PST by SERKIT ("Blazing Saddles" explains it all.......)
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To: FreedBird
"Wonder if Flynn will be interviewed about how Mueller treated him during the shake down? Will we see Flynn on Fox talking to Tucker or Hannity? "

I wonder if part of the plea deal was that Flynn keep silent on all of it...no book, no interviews...nothing. Mueller doesn't want his dirty laundry aired.

14 posted on 12/04/2018 9:21:24 PM PST by mass55th (Courage is being scared to death - but saddling up anyway...John Wayne)
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To: FreedBird
Could Flynn write a book to make some money he lost during this ordeal? It seems the people guilty of real wrong doing are swept under the rug, while Mueller tries to bully people to go against Trump. Will the truth be exposed?

The mainstream media will never tell the truth. The truth is The Hildabeast hired someone who fabricated a false dossier which the Demonrats and some spineless Republicans used to justify this two year long attempt to stymie and overthrow the President even though everyone knows this dossier is nothing but lies.

15 posted on 12/04/2018 9:24:49 PM PST by Smittie (Just like an alien I'm a stranger in a strange land)
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To: Smittie

We have not learned much from Mr. Mueller. What is Mueller actually looking for? Why are so many people motivated to blame Trump for doing something wrong? Why are some people protected and other people are always guilty without much proof? We need Columbo to find the truth!


16 posted on 12/04/2018 9:31:21 PM PST by FreedBird (T)
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To: Candor7

Thank you for that encouraging post.


17 posted on 12/04/2018 9:39:45 PM PST by laplata (The Left/Progressives have diseased minds.)
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To: mass55th

Maybe a way to keep Flynn from joining Corsi in another lawsuit. Mueller has spent a lot of money looking for things to make Trump look bad. If they spent that much money investigating the other side, there would probably be more people in jail now. The mainstream media would censor anything negative toward the Dems.anyway. This will play out. Hard to figure out who has dirt on who and who is compromised?


18 posted on 12/04/2018 9:40:08 PM PST by FreedBird (T)
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To: Candor7

You might be aware of this:

https://quodverum.com/2018/12/337/trump-s-master-spooks.html


19 posted on 12/04/2018 9:43:06 PM PST by laplata (The Left/Progressives have diseased minds.)
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To: yesthatjallen

Mueller, the perpetual con man and government insider grifter is trying to make nice because he knows he’s got nothin’.


20 posted on 12/04/2018 9:47:03 PM PST by Baynative ("A man is not old until regrets take the place of dreams." - John Barrymore)
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