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Trump critics celebrate as Flynn judge smashes right-wing conspiracy theory about Russia prosecution at hearing

'It shows that the Trump people do not do well in the courts of law, when you’re dealing with facts and evidence,' says former prosecutor

Chris Baynes
Wednesday 19 December 2018 13:15 GMT
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Michael Flynn leaves court after sentencing is postponed allowing him to finish cooperation with Mueller probe

For months, supporters of Donald Trump had claimed Michael Flynn had been entrapped by the FBI. Within minutes of a sentencing hearing they hoped would exonerate the former national security adviser, that right-wing conspiracy theory was in tatters.

“I’m not hiding my disgust, my disdain for this criminal offence,” judge Emmet Sullivan told Flynn, who has pleaded guilty to lying to the FBI about his contact with Russian officials.

The judge’s blistering rebuke dashed the hopes of the president and his backers, who had claimed Flynn had been tricked into telling an inconsequential lie by intelligence agents on a supposed witch hunt.

Hours earlier on Tuesday, White House spokeswoman Sarah Huckabee Sanders insisted the former army general had been “ambushed” during an FBI interview.

Fox News legal pundit Jeanine Pirro said Mr Sullivan had a “track record of calling out prosecutorial misconduct,” suggesting he may clear Flynn of wrongdoing.

Mr Trump claimed Flynn had been caught making “the smallest of misstatements,” which he had not known was illegal.

But Flynn himself debunked that theory, telling the court he took responsibility for his crime. Asked by Mr Sullivan if he knew lying to the FBI was illegal, Flynn replied: “I was aware.”

Given multiple opportunities to withdraw his guilty plea, he declined.

Asked specifically if he was entrapped or if any FBI misconduct led to his lies, Flynn’s lawyer Robert Kelner said: ”No.”

“Maybe now this stupid conspiracy theory can die,” tweeted national security lawyer Bradley Moss following the hearing. “Flynn was more than sufficiently warned about the context. The agents repeatedly tried to give him hints to refresh his memory. He kept lying.”

Matthew Miller, a justice and security analyst for MSNBC, said: “Well colour me shocked – shocked! – that another right wing conspiracy theory about the FBI has proven to be completely unfounded. We must be in double digits by now.”

Mimi Rocah, a former New York prosecutor, said Mr Trump may have been “hoping Flynn would go in [court] and say something about the ‘corrupt FBI’”.

“There was a whole right-wing conspiracy theory that this whole thing – that everything was going to fall apart today,” she told MSNBC. “It shows that the Trump people do not do well in the courts of law, when you’re dealing with facts and evidence and you can’t just put a spin on things.”

While critics of Mr Trump celebrated, the White House refused to retract its debunked claims. Following the court hearing, in which Flynn’s sentencing was delayed, Ms Sanders again claimed Flynn had been “ambushed” by investigators.

Asked if the administration had changed its stance after the former national security adviser maintained his guilty plea, the press secretary said: “Maybe he did do those things, but it doesn’t have anything to do with the president.”

About Mr Trump’s earlier FBI criticism, she added: ”We don’t have any reason to want to walk that back.”

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Flynn’s sentencing was postponed until March to allow him to further co-operate with special counsel Robert Mueller’s Russia investigation.

Mr Sullivan warned Flynn he may have gone to prison if sentencing had gone ahead as scheduled on Tuesday, telling him: “Arguably you sold your country out.”

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