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Judge delays Michael Flynn sentencing for lying to FBI

Xeni Jardin

Lock him up.

Donald Trump’s disgraced former national security advisor Gen. Michael Flynn went to court today to be sentenced for lying to the FBI about his contacts with Sergei Kislyak, the former Russian ambassador to the United States.

Flynn’s sentencing will be delayed, to give him time to finish fully cooperating with federal prosecutors.

Judge Sullivan repeated a statement that he will not make any promises about no jail time when it comes time to deliver Flynn’s sentence.

In the Washington courtroom, U.S. District Judge Emmet G. Sullivan pressed Flynn and his attorneys aggressively during the hearing about the guilty plea, and his interactions with the FBI.

Prosecutors say Flynn may continue to help the government in ongoing investigations.

The judge began by basically calling bullshit on the last-minute court filings by Flynn’s defense teams last week, which implied the former general was entrapped into lying by crooked FBI agents.

This was a bogus implication, and Judge Sullivan was not pleased.

The judge queried Flynn and his team, point by point, essentially asking them if they wanted to relitigate that part of the legal process — the FBI part.

In response, Flynn told the judge, “I was aware that lying to the FBI was a crime.”

“Are you continuing to accept responsibility for your false statements,” Judge Sullivan asked.

“I am, your honor,” said Flynn.

Trump began the day of his former National Security Advisor’s trial by wishing Flynn ‘good luck.’

Not a good look for Individual-1.

After a series of interrogations from the judge, and responses from Flynn and attorneys, Judge Sullivan asks one final time, and still sounding skeptical:

“If you want to proceed because you are guilty of this offense…”

Flynn replies that he is, and says wants to proceed.

Sullivan accepts Flynn’s guilty plea.

One of many reasons this judge appears to be pissed — the utter gall of Mike Flynn, whom the judge says “sold our country out.” Here is the infamous TheHill.com op-ed Michael Flynn secretly wrote on behalf of Turkey, while working in the Trump campaign. It was published *on election day* in the United States.

After pausing to review the plea agreement documents, judge Sullivan talks about Flynn’s crime as a “very serious offense” — a high ranking government official lying to the FBI, and committing this offense “while on the physical premises of the White House.”

Mueller prosecutor Brandon van Grack then haltingly speaks to Sullivan — van Grack says that it is a “possibility” that Flynn is still cooperating with the office of special counsel Robert Mueller.

(Um, yeah he is.)

Prosecutor Van Grack then tells the judge Flynn provided “substantial assistance” in that Turkey case announced yesterday, involving his work as an unregistered agent of Erdogan’s government. Prosecutor says Flynn could have been charged in connection with that case, had he not assisted.

This is the part of the hearing where Sullivan gets super saucy.

Judge Sullivan says, “I’m not hiding my disgust, my disdain, for this criminal offense.”

He gives Flynn the chance to delay until he’s finished cooperating.

Sullivan says he “can’t promise anything” about the sentence he’s about to hand down.

(In judge vibes, this means I AM GOING TO SEND YOU TO PRISON, maybe cooperate some more first, buddy, because I’m not clear you have cooperated enough to merit your sorry ass not going to prison).

And then, another shocker. Judge Sullivan asks the special counsel office’s prosecutors if they had considered prosecuting Flynn with treason.

Judge asks for a brief recess. After 20 minutes, Flynn returns to the courtroom, where he sits quietly in his chair between his lawyers. Not smiling.

All wait a few minutes for Judge Sullivan to re-enter the courtroom.

Sullivan is then reported to be speaking with Flynn’s lawyers to confirm that they want to proceed with sentencing today.

Judge Sullivan then returns to the bench. He begins with a clarification: he did not mean to suggest that Michael Flynn committed treason, rather he was asking prosecutors about treason to get a sense of Flynn’s offenses.

“I was just curious.”

Prosecutor Brandon Van Grack says the government had no reason to believe Flynn committed treason.

“I felt terrible about that,” Sullivan then says, after the prosecutor adds that Flynn’s conduct as a foreign agent ended in mid-November of 2016.

“I’m not suggesting he committed treason,” Sullivan says, further apologizing for his remarks in the prior session.

And then: a very loud pause.

Flynn’s lawyer told the judge they’re prepared to delay sentencing to allow Flynn to fully finish cooperating with the government, noting that they expect he’ll be asked to testify in the EDVA case unsealed yesterday.

Michael Flynn’s sentencing will be postponed to give him time to finish fully cooperating with federal prosecutors.

Judge Sullivan repeats the statement that he will not make any promises about no jail time when it comes time to deliver Flynn’s sentence.

Above, that famous video of Flynn yelling “lock her up” at the 2016 Republican National Convention.

And below, more of the live tweets from reporters in the courtroom.

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