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Michael Flynn sentencing delayed after judge voices 'disgust and disdain' for Trump's ex-national security advisor's actions

Flynn given more time by judge to finish his cooperation with Robert Mueller's Russia probe 

Andrew Buncombe
Seattle
Tuesday 18 December 2018 19:04 GMT
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Michael Flynn leaves court after sentencing is postponed allowing him to finish cooperation with Mueller probe

The sentencing of Donald Trump‘s former national security advisor Michael Flynn has been abruptly delayed to allow him to finish his cooperation with Robert Mueller‘s Russia probe, a move recommended to him if he wanted to avoid going to jail.

Judge Emmet Sullivan offered the lawyers for the 60-year-old former army general the opportunity both to reconsider his guilty plea and to postpone his sentencing as he continues to work with the special counsel’s team.

Mr Sullivan, who was concerned by the fact that prosecutors had recommended he receive no jail time, warned the man who briefly served in the Trump administration that he may have gone to prison if sentencing went ahead on Tuesday, as had been scheduled

“The court’s going to consider that. I cannot assure you, if you proceed today, you will not receive a sentence of incarceration,” Mr Sullivan had said. “I’m not hiding my disgust, my disdain for this criminal offence. Arguably you sold your country out.”

Flynn replied: “Yes your honour.”

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Asked later whether the White House was concerned that Flynn had admitted lying, press secretary Sarah Huckabee Sanders, said: “There is certainly concern, but we’ll let the courts determine that.”

Reports said the hearing in Washington DC had started quietly as the judge asked Flynn, who once served as Director of the Defence Intelligence Agency under Barack Obama, whether he wished to change his plea. The former officer pleaded guilty last December to one count of lying to the FBI about his contacts with Russian officials, among them Russia’s former US ambassador Sergey Kislyak.

“I do not,” replied Flynn.

But the mood began to darken as the judge then began expressing his views about Flynn’s offences. At one point he asked prosecutors if Flynn might have been indicted for treason. “That was not something we were considering at the time, charging the defendant,” said prosecutor Brandon Van Grack.

After a brief delay, Mr Sullivan returned to the courtroom to play down the project of a treason conviction.

“I’m not suggesting [Flynn committed treason]. I was just trying to determine the benefit and the generosity of the government,” he said. ”Don’t read too much into the questions I ask.”

Reuters said the judge also noted that Flynn was operating as an undeclared lobbyist for Turkey even as he worked on Trump’s election team and prepared to be his national security adviser.

The hearing came a day after two of Flynn’s business associates were charged with illegally lobbying for Turkey as part of a campaign to pressure the nation to expel a Turkish cleric.

Bijan Kian and Ekim Alptekin were accused in an indictment of conspiring to “covertly and unlawfully” influence US public opinion and politicians, all while concealing the Turkish government was controlling their work. The campaign took place during the final months of the 2016 presidential campaign while Flynn was a top surrogate for Mr Trump’s campaign.

Mr Sullivan appeared ready to sentence Flynn to prison but then gave him the option of a delay in his sentencing so that he could further cooperate with any pending investigations, Reuters said. Flynn accepted that offer.

Quite what further cooperation he can provide is unclear. Earlier this month, in a sentencing memo filed with the court, Mr Mueller said Flynn had cooperated so much with investigators, they recommended he should not receive jail time.

“His early cooperation was particularly valuable because he was one of the few people with long-term and firsthand insight,” prosecutors wrote. “The defendant deserves credit for accepting responsibility in a timely fashion and substantially assisting the government.”

They added: “Given the defendant’s substantial assistance and other considerations set forth below, a sentence at the low end of the guideline range – including a sentence that does not impose a term of incarceration – is appropriate and warranted.”

Tuesday had started with Mr Trump wishing good luck to Flynn, who served as national security adviser from 20 January to 13 February 2017, until he was told to quit after admitting lying to vice president Mike Pence and others about the nature of his conversations with Russian officials.

“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,” he wrote.

Mr Mueller is leading the investigation into Russian interference in the 2016 election, possible collusion between Moscow and Trump campaign officials and whether the president has unlawfully sought to obstruct the probe.

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