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Michael Flynn deserves up to six months in prison, U.S. Justice Department says in reversal for former Trump national security adviser Michael Flynn deserves up to six months in prison, U.S. Justice Department says in reversal for former Trump national security adviser
(about 3 hours later)
Federal prosecutors Tuesday recommended that former national security adviser Michael Flynn serve up to six months in prison, reversing their earlier recommendation of probation because of his drawn-out attacks against the FBI and Justice Department. Federal prosecutors Tuesday recommended that former national security adviser Michael Flynn serve up to six months in prison, reversing their earlier recommendation of probation after his attacks against the FBI and Justice Department.
The dramatic revocation of the Justice Department’s request for leniency came weeks after Flynn’s sentencing judge categorically rejected Flynn’s claims of prosecutorial misconduct and that he had been duped into pleading guilty to lying to FBI agents about his Russian contacts after the 2016 U.S. election. The government revoked its request for leniency weeks after Flynn’s sentencing judge categorically rejected Flynn’s claims of prosecutorial misconduct and that he had been duped into pleading guilty to lying to FBI agents about his Russian contacts after the 2016 U.S. election.
“It is clear that the defendant has not learned his lesson. He has behaved as though the law does not apply to him, and as if there are no consequences for his actions,” prosecutor Brandon Van Grack wrote in a 33-page court filing. “In light of the complete record . . .the government no longer deems the defendant’s assistance ‘substantial.’ ” “In light of the complete record . . . the government no longer deems the defendant’s assistance ‘substantial,’ ” prosecutor Brandon Van Grack wrote in a 33-page court filing. He added, “It is clear that the defendant has not learned his lesson. He has behaved as though the law does not apply to him, and as if there are no consequences for his actions.”
Flynn faces sentencing Jan. 28 before U.S. District Judge Emmet G. Sullivan in Washington. Flynn defense attorney Sidney Powell is scheduled to file his sentencing request Jan. 22.Flynn faces sentencing Jan. 28 before U.S. District Judge Emmet G. Sullivan in Washington. Flynn defense attorney Sidney Powell is scheduled to file his sentencing request Jan. 22.
The government motion marked the latest twist in the legal saga of the former Army lieutenant general and adviser to President Trump, whose rocky path after his candidate won the White House included serving the shortest tenure of a national security adviser on record — just 24 days. He then became a key witness in a probe into the administration, before breaking with the prosecutors who had credited him for helping them. The request marked the latest twist in the legal saga of the former Army lieutenant general and adviser to President Trump, whose rocky path after his candidate won the White House included serving the shortest tenure of a national security adviser on record — just 24 days — before resigning in February 2017. He then became a key witness in a probe into the administration, before breaking with the prosecutors who had credited him for helping them.
Flynn’s actions punctuated the beginning and end of special counsel Robert S. Mueller III‘s probe of Russian election interference, and his latest change of heart came after the investigation formally closed in March. Some Trump allies at that time pushed the president to pardon figures in the probe, particularly for Flynn. A potential prison term could renew such calls. Flynn’s change of heart came after the end of special counsel Robert S. Mueller III’s probe of Russian election interference. Some Trump allies at that time pushed the president to pardon figures in the probe, particularly for Flynn. A potential prison term could renew such calls.
Michael Flynn pleads guilty to lying to FBI on contacts with Russian ambassadorMichael Flynn pleads guilty to lying to FBI on contacts with Russian ambassador
Flynn, 61, pleaded guilty Dec. 1, 2017, to lying about his communications with then-Russian Ambassador Sergey Kislyak during the presidential transition, becoming the highest-ranking Trump official charged and one of the first to cooperate with Mueller’s office.Flynn, 61, pleaded guilty Dec. 1, 2017, to lying about his communications with then-Russian Ambassador Sergey Kislyak during the presidential transition, becoming the highest-ranking Trump official charged and one of the first to cooperate with Mueller’s office.
Flynn faces up to a five-year prison term under the charge, which included his misrepresentation of work advancing the interests of the Turkish government. However, ahead of Flynn’s initially scheduled sentencing in December 2018, prosecutors said he deserved probation for his “substantial assistance” in several ongoing but undisclosed investigations, as well as his disclosure of “firsthand information about the content and context of interactions between the transition team and Russian government officials.” Flynn faces up to a five-year prison term under the charge, which included his misrepresentation of work advancing the interests of the Turkish government. However, ahead of Flynn’s initially scheduled sentencing in December 2018, prosecutors said he deserved probation for his “substantial assistance” in several ongoing investigations.
In a November 2018 filing with specifics redacted, Mueller wrote that Flynn’s guilty plea “likely affected the decisions of related firsthand witnesses to be forthcoming . . . and cooperate,” and some individuals gave additional details “about key events after his cooperation became public.” In a November 2018 filing, Mueller wrote that Flynn’s guilty plea “likely affected the decisions of related firsthand witnesses to be forthcoming . . . and cooperate.”
And the special counsel noted that Flynn’s “early cooperation was particularly valuable because he was one of the few people with long-term and firsthand insight regarding events and issues under investigation” by Mueller’s office. The special counsel noted Flynn’s “early cooperation was particularly valuable because he was one of the few people with long-term and firsthand insight regarding events and issues under investigation.”
Flynn’s plea revealed that he was in touch with senior Trump transition officials before and after his communications with Kislyak. The pre-inauguration communications involved efforts to blunt Obama administration policy decisions on sanctions on Russia and a United Nations resolution on Israel. Flynn admitted to being in touch with senior Trump transition officials before and after his pre-inauguration communications with Kislyak, which involved efforts to blunt Obama administration policy decisions on sanctions on Russia and a United Nations resolution on Israel.
Flynn told prosecutors that a “very senior member of the Presidential Transition Team” — Trump’s son-in-law, Jared Kushner, according to people familiar with the matter — directed him to contact officials from foreign governments, including Russia, about the U.N. resolution on Israel. Prosecutors had earlier singled out Flynn’s “exemplary” public service, including 33 years in the military and combat service to warrant a possible sentence of probation.
At the time of Flynn’s plea, prosecutors singled out Flynn’s “exemplary” public service, including 33 years in the military and combat service, as a mitigating circumstance warranting a possible sentence of probation.
“The defendant’s record of military and public service distinguish him from every other person who has been charged as part [of] the [Mueller] investigation,” prosecutors wrote in 2018. “However, senior government leaders should be held to the highest standards.”
Flynn’s attorneys joined that recommendation.Flynn’s attorneys joined that recommendation.
But at last year’s Dec. 18, 2018, sentencing hearing, Sullivan lambasted Flynn’s attorneys for also suggesting prosecutors overreached and for appearing to play down his offenses. Under questioning by the judge, Flynn repeated under oath that he admitted he was guilty as Sullivan recited at length his misstatements to Vice President Pence, senior White House aides, federal investigators and the news media before and after Trump’s January 2017 inauguration about the nature of his foreign contacts But at a Dec. 18, 2018, sentencing hearing, Sullivan lambasted Flynn’s attorneys for appearing to play down his offenses. Under questioning by the judge, Flynn repeated under oath that he admitted he was guilty as Sullivan recited at length his misstatements to Vice President Pence, senior White House aides, federal investigators and the news media before and after Trump’s January 2017 inauguration about the nature of his foreign contacts.
“Arguably, you sold your country out,” Sullivan told Flynn, warning he might impose prison time. Flynn’s lawyers agreed to postpone the proceeding so that he could continue to show his good-faith cooperation.“Arguably, you sold your country out,” Sullivan told Flynn, warning he might impose prison time. Flynn’s lawyers agreed to postpone the proceeding so that he could continue to show his good-faith cooperation.
Read the defense team filing for Michael Flynn hereRead the defense team filing for Michael Flynn here
In a string of related developments this year, Flynn switched defense lawyers, and his new team asked Sullivan to find prosecutors in contempt, alleging that Flynn had been entrapped into pleading guilty, that he was actually innocent and that prosecutors had wrongfully withheld evidence helpful to his defense. This year Flynn switched defense lawyers, and his new team asked Sullivan to find prosecutors in contempt, alleging Flynn had been entrapped into pleading guilty and prosecutors wrongfully withheld evidence.
Flynn also broke with prosecutors in the July Alexandria federal trial of his former business partner Bijan Rafiekian, on charges of illegally lobbying for Turkey. Flynn was set to be the star witness against Rafiekian, before balking. Flynn also broke with prosecutors in the July federal trial of his former business partner Bijan Rafiekian, on charges of illegally lobbying for Turkey. Flynn was set to be the star witness against Rafiekian. He told a grand jury he and Rafiekian campaigned “on behalf of elements within the Turkish government,” a project that included an op-ed under Flynn’s name on Election Day in 2016.
But just before trial, Flynn claimed prosecutors wanted him to lie. A jury convicted Rafiekian without Flynn’s testimony, but a judge threw out those convictions in part because he found “insufficient” evidence of a conspiracy between the two men or of the Turkish government’s role.
Prosecutors accuse Michael Flynn of misrepresenting facts and peddling conspiracy theories in bid to dismiss caseProsecutors accuse Michael Flynn of misrepresenting facts and peddling conspiracy theories in bid to dismiss case
A jury convicted Rafiekian without Flynn’s testimony, but a judge threw out those convictions in part because he found the evidence of a conspiracy between the two men “insufficient.” U.S. prosecutors in the Eastern District of Virginia are appealing that conviction to the Fourth Circuit Court of Appeals, writing in a motion Tuesday that the “case is significant.”
U.S. prosecutors in the Eastern District of Virginia are appealing that conviction to the Fourth Circuit Court of Appeals, writing in a motion Tuesday, “This case is significant, in both volume and importance.” In withdrawing their request for leniency, Flynn’s prosecutors highlighted his hindrance of Rafiekian’s prosecution, the only cooperation they had initially deemed “substantial.”
In withdrawing their request for leniency in Tuesday’s filing, Flynn’s prosecutors highlighted his hindrance of Rafiekian’s prosecution, the only cooperation they had initially deemed “substantial.” The government recommended zero to six months of incarceration for Flynn, citing “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.”
“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, the government recommends that the court sentence the defendant within the applicable Guidelines range of 0 to 6 months of incarceration,” Van Grack wrote. Prosecutors backed their claim Tuesday by filing dozens of pages detailing Flynn and his lobbying firm’s misconduct, including grand-jury transcripts and FBI interview reports. Overall, prosecutors said Flynn participated in 19 interviews with federal prosecutors and turned over documents and communications.
Prosecutors on Tuesday filed dozens of pages detailing Flynn and his lobbying firm’s misconduct, backed by grand jury transcripts and FBI interview reports. The substance of his cooperation was initially hidden, but most has come out in Mueller’s final report, subsequent trials or public records released in lawsuits from news organizations.
According to the new filing, while Rafiekian argued that there was no evidence he and Flynn were working for the Turkish government rather than independent investors, Flynn told a grand jury their project “was always on behalf of elements within the Turkish government.” Flynn told prosecutors a “very senior member of the Presidential Transition Team” — Trump’s son-in-law, Jared Kushner, according to people familiar with the matter — directed him to contact officials from foreign governments, including Russia, about the U.N. resolution on Israel.
Flynn also told the grand jury an op-ed published under his name on Election Day in 2016 was necessary for the Turkish government because the firm “really hadn’t done much by that point.” Among other things, Flynn told Mueller that Trump and his campaign repeatedly sought to reach out to the anti-secrecy group WikiLeaks and obtain Hillary Clinton’s private emails, which the government has alleged were hacked by Russia — with Flynn offering to use his “intelligence sources” and contacting multiple people in an attempt to get them.
Overall, prosecutors said Flynn participated in 19 interviews with federal prosecutors and turned over documents and communications.
The substance of his cooperation was initially hidden from view, but most has come out in Mueller’s final report, subsequent trials or public records released in lawsuits news organizations.
Among other things, Flynn told Mueller that Trump and his campaign repeatedly sought to reach out to the anti-secrecy group WikiLeaks and obtain Hillary Clinton’s private emails, which the government has alleged were hacked by Russia, with Flynn offering to use his “intelligence sources” and contacting multiple people in an attempt to get them.
Flynn also informed the government of “multiple instances” in which he or his attorneys received communications from White House or congressional sources that could have affected his decision to cooperate or cooperate fully, including messages from Trump to “stay strong” and that “the president still cared for him.”Flynn also informed the government of “multiple instances” in which he or his attorneys received communications from White House or congressional sources that could have affected his decision to cooperate or cooperate fully, including messages from Trump to “stay strong” and that “the president still cared for him.”
Trump’s lawyer raised possibility of pardons for Manafort, Flynn last summer
Prosecutors disclosed that it was Flynn himself who told prosecutors of a sensitive voice-mail message that one of Trump’s attorneys left for Flynn’s lawyer, seeking to suss out if he was about to cooperate — and if so, to do so while protecting the president. A transcript of the message was quoted in Mueller’ report and released in full as part of Flynn’s proceedings.
If “there’s information that implicates the President, then we’ve got a national security issue,” says the Trump attorney, whom sources have identified as John Dowd, according to the transcript. “So you know, . . . we need some kind of heads up,” he added. “Um, just for the sake of protecting all our interests if we can, without you having to give up any . . . confidential information . . . remember what we’ve always said about the President and his feelings toward Flynn and, that still remains.”
Flynn resigned from his top White House post in February 2017, after the White House said he misled Pence and other administration officials about his contacts with Kislyak.
Flynn was succeeded by H.R. McMaster, an Army lieutenant general at the time of his hiring by Trump. McMaster was forced out in March 2018 after sparring with conservatives and disagreeing with Trump on key foreign policy strategies including Russia, Iran and North Korea.
Trump’s third national security adviser, John Bolton, was also ousted in September. This week Bolton expressed willingness to testify in a Senate impeachment trial of Trump over the president’s alleged attempt to pressure Ukraine to investigate political rival former vice president Joe Biden, while withholding nearly $400 million in military aid.
William S. Consovoy is the private lawyer making the case to protect Trump’s interests in cases all summerWilliam S. Consovoy is the private lawyer making the case to protect Trump’s interests in cases all summer
Man spent 82 days in jail after bringing honey into the U.S.Man spent 82 days in jail after bringing honey into the U.S.
A federal judge in D.C. hit ‘reply all,’ now there’s a formal question about his decorumA federal judge in D.C. hit ‘reply all,’ now there’s a formal question about his decorum