Prosecutors today told Judge Sullivan they no longer object to giving General Michael Flynn jail time, and are recommending up to 6 months in prison. He faces 0-6 months, but prosecutors believe he should serve time.
They are reversing their original recommendation for no prison time (see below). They cite his lying to the FBI and not taking responsibility for his ‘crime.’ He also didn’t complete his cooperation in his partner’s criminal case.
The sentencing memo shows the Justice Department is not responding well to Flynn’s recent attempts to unravel his guilty plea in the Mueller investigation.
It reports that he undermined a separate criminal case involving his business partner, an abrupt turn from his months of cooperation and public reticence during the Mueller probe.
“Given the serious nature of the defendant’s offense, his apparent failure to accept responsibility, his failure to complete his cooperation in — and his affirmative efforts to undermine — the prosecution of Bijan Rafiekian, and the need to promote respect for the law and adequately deter such criminal conduct,” prosecutors wrote, recommending between zero and six months in jail.
The prosecutors even quoted the judge. They had accused Michael Flynn of misrepresenting facts and peddling conspiracy theories to get the case dismissed.
Flynn is set to be sentenced on January 28th. That will be 26 months since he pleaded guilty to lying federal investigators.
I’m sure we will all feel better when he’s locked away [sarcasm]. Is this really necessary? The FBI behaved badly and owe him something, in our humble opinion. In December 2018, Judge Sullivan said General Flynn, Trump’s first NSA Director, “betrayed” his country. He doesn’t appear to have any use for the General.
Breaking: reversing a probation recommendation DOJ proposes up to 6 months in jail for Michael Flynn who will be sentenced later this month, citing his failure to accept responsibility for lying to the FBI and to complete his govt cooperation. @CourthouseNews pic.twitter.com/X9pEzCy6cw
— Megan Mineiro (@MMineiro_CNS) January 7, 2020
You can comment on the article after the ads and subscribe to the Daily Newsletter here if you would like a quick view of the articles of the day and any late news:
I don’t put much faith or trust in this Judge. When a Judge is sitting on the bench and accuses a defendant of “treason”, without substantive evidence, it shows that person is reflexive rather than judicial.
The IG report alone should be conclusive enough to dismiss the case with prejudice. But Courts and Judges normally defer to the prosecution in the majority of cases. But it’s not as simple as that. There is another entity that is oftentimes never mentioned or considered. The entity that wields an inordinate influence are the “clerks”, no matter the jurisdiction. They are the ones who inform the Judge of details regarding cases. Surely no one believes an individual Judge reads all the documentation regarding all the cases.
I fully expect This Judge will defer to the prosecution on the final status and we can hope that Sidney Powell has her appeal ready and waiting. There is enough questionable actions by the prosecution and the Court that would warrant an appeal on the merits.
That’s a fine summary. The judge’s behavior at times was irrational. The DOJ itself released a report which provided reasons for dismissal. The judge wanted to wait for the report, but then was too small a man to react responsibly.