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Case Against Flynn Nears End With No-jail Recommendation
Townhall.com ^ | December 5, 2018 | Byron York

Posted on 12/05/2018 2:17:25 PM PST by Kaslin

Michael Flynn has been waiting for more than a year to be sentenced. The retired three-star Army general, who spent 24 days as the Trump White House national security adviser, pleaded guilty on Dec. 1, 2017, to lying to the FBI in the Trump-Russia investigation. He agreed to cooperate with special counsel Robert Mueller.

Flynn's sentencing, which has been delayed a number of times for reasons that have never been disclosed, is scheduled to finally take place on Dec. 18. Late Tuesday, Mueller filed what is called a sentencing report. Citing Flynn's "substantial assistance" to the investigation, Mueller recommended "a sentence at the low end of the guideline range -- including a sentence that does not impose a period of incarceration."

It's no surprise Flynn might be spared jail time. So far, two figures in the Trump-Russia matter have been sentenced for lying to investigators, the same offense as Flynn. Alex van der Zwaan, a bit player connected to Paul Manafort, was sentenced to 30 days in jail. George Papadopoulos, a short-time Trump campaign foreign policy adviser, was sentenced to 14 days -- and that was after Mueller complained that Papadopoulos had not been cooperative when he was purportedly assisting the investigation.

Flynn, on the other hand, is a retired general with a long record of service to the United States, which Mueller took into consideration in recommending no jail time. "The defendant's record of military and public service distinguish him from every other person who has been charged as part of the (special counsel's) investigation," Mueller wrote.

What the sentencing recommendation did not address was the sketchy beginnings of the Flynn investigation. It started with the Obama administration's unhappiness that Flynn, during the transition as the incoming national security adviser, had phone conversations with Russia's then-ambassador to the U.S., Sergey Kislyak. Because Kislyak was under American surveillance, U.S. intelligence and law enforcement agencies had recordings and transcripts of the calls, in which Flynn and Kislyak discussed the sanctions Obama had just imposed on Russia in retaliation for its 2016 election interference.

There was nothing wrong with an incoming national security adviser talking to a foreign ambassador during a transition. There was nothing wrong with discussing the sanctions. But some officials in the Obama Justice Department decided that Flynn might have violated the Logan Act, a 218-year-old law under which no one has ever been prosecuted, that prohibits private citizens from acting on behalf of the United States in disputes with foreign governments.

The Obama officials also said they were concerned by reports that Flynn, in a conversation with Vice President Mike Pence, had denied discussing sanctions. This, the officials felt, might somehow expose Flynn to Russian blackmail.

So Obama appointees atop the Justice Department sent FBI agents to the White House to interview Flynn, who was ultimately charged with lying in that interview.

The FBI did not originally think Flynn lied. In March 2017, then-FBI director James Comey told the House Intelligence Committee that the two FBI agents who questioned Flynn "did not detect any deception" during the interview and "saw nothing that indicated to them that (Flynn) knew he lying to them," according to the committee's report on the investigation into the Trump-Russia affair. Comey said essentially the same thing to the Senate Judiciary Committee and, in the words of chairman Charles Grassley, "led us to believe ... that the Justice Department was unlikely to prosecute (Flynn) for false statements made in the interview."

FBI number two Andrew McCabe told the House the same thing. "The two people who interviewed (Flynn) didn't think he was lying, (which) was not (a) great beginning of a false statement case," McCabe told the Intelligence Committee.

Only later, after Comey was fired and Mueller began his investigation, was Flynn accused of lying. He ultimately pleaded guilty.

Mueller's sentencing recommendation specifically mentions the suspicion that Flynn violated the Logan Act. It says nothing about the Obama Justice Department's blackmail tale.

Hill Republicans have been suspicious about the Flynn case for quite a while. But they have not been able to get their hands on some key documents and testimony that might tell them what happened.

House investigators have a chance to learn more this week when, on Friday, Comey appears for a behind-closed-doors interview with members of the Judiciary and Oversight committees.

Lawmakers have promised to release the transcript of the interview within a day or two of its completion. That might possibly give the public a more complete picture of the Flynn case. Investigators could ask Comey specifically how the agents who interviewed Flynn characterized his answers and behavior. They could ask whether Comey believed Flynn would be indicted. They could ask what evidence Comey saw to suggest that Flynn did, in fact, lie. And they could ask if Comey ever saw the reports, the so-called 302s, that the agents wrote describing the interview.

Congress has long ago pressed the Justice Department to hand over the 302s and other documents. So far, the answer has been no. But soon the Flynn case will be entirely over. Perhaps then the public will finally learn what really went on in United States of America v. Michael T. Flynn.


TOPICS: Culture/Society; Editorial
KEYWORDS: michaelflynn; trumprussia

1 posted on 12/05/2018 2:17:25 PM PST by Kaslin
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To: Kaslin

And this is how the deep state destroys someone...

A decorated general who is now a convicted felon for “lying” to an organization of liars!

They don’t even need to prove guilt. Just threaten your family with financial ruin, the potential for the most severe sentence possible, and years of legal wrangling if you dare fight back.

They ruined a good man and drug him through all this for what? A fine?


2 posted on 12/05/2018 2:23:13 PM PST by CitizenUSA (Proverbs 14:34 Righteousness exalts a nation, but sin is a disgrace to any people.a)
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To: Kaslin

“General, I’ll have you locked up if you don’t say what I want you to say.”

One year later.

General, I’ll make sure you’re not locked up if you won’t join Corsi and Stone and tell the truth about me forcing you to say what I wanted you to say.”


3 posted on 12/05/2018 2:30:46 PM PST by Terry Mross (On some threads it's best to go jst inraight up his seat. to the comments..)
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To: Kaslin

Wherewithal is required.

Why is Mueller even questioning parties such as Flynn or Corsi, when all the DNC and Clinton and Obama criminals are completely ignored?

The FBI and Special Counsel are a complete waste of time and governmental funding.

Why is it taking more than 2 years to identify this fiasco and nothing of substance is rendered, but flippant accusations prevail?

Unacceptable. They have no ethic. They aren’t veritable.

If it is the intent for the Special Counsel to destroy all public faith, trust, and confidence in their office to uphold the rule of law, they are doing an outstanding job of it.


4 posted on 12/05/2018 2:31:46 PM PST by Cvengr ( Adversity in life & death is inevitable; Stress is optional through faith in Christ.)
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To: CitizenUSA

“A decorated general who is now a convicted felon for “lying” to an organization of liars!”

Flynn is not convicted of anything. The judge doesn’t rule until Dec 18th. The judge may not be impressed with Mueller or the case against Flynn.


5 posted on 12/05/2018 2:32:10 PM PST by Pelham (Secure Voter ID. Mexico has it, because unlike us they take voting seriously)
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To: Cvengr

Why is it taking more than 2 years to identify this fiasco and nothing of substance is rendered, but flippant accusations prevail?

- -

... and all for the low low price to the public of just $30M dollars. Watch. When this sick fiasco is over, the $100M dollar cost will somehow be Trump’s fault.


6 posted on 12/05/2018 2:40:22 PM PST by Flick Lives
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WTF doesn't Mueller find out who unmasked Flynn???!!!!
7 posted on 12/05/2018 2:41:58 PM PST by KavMan
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To: Terry Mross

You are fulling yourself, there is no good news here. If mueller can get him, a decorated general, to cop to a guilty plea; He can get him to say what ever mueller wants him to say.


8 posted on 12/05/2018 2:42:49 PM PST by JoSixChip (He is Batman!)
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To: Kaslin

General Flynn was foolish to talk with the FBI without consulting with an attorney.


9 posted on 12/05/2018 2:46:26 PM PST by Fury
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To: CitizenUSA

The net result of this, and the “narrative” it’s meant to create, is to make Mueller look good. “He’s so lenient!!! they will all crow, he didn’t even levy jail time!!”


10 posted on 12/05/2018 2:48:12 PM PST by supremedoctrine
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To: JoSixChip

I’m not FOOLING myself nor am I fulling myself. I was making a joke.


11 posted on 12/05/2018 3:34:06 PM PST by Terry Mross (On some threads it's best to go jst inraight up his seat. to the comments..)
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To: Terry Mross

Ops, I replied to the wrong post on that, sorry.


12 posted on 12/05/2018 3:38:44 PM PST by JoSixChip (He is Batman!)
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To: Kaslin

Now that Mueller has recommended that the judge go easy on Gen. Flynn, it will be interesting to see if his final report encourages Congress to consider Trump’s alleged suggestion to Comey that he go easy on Flynn (for which Comey’s say-so is the only evidence) as obstruction of justice when drawing up articles of impeachment next year.


13 posted on 12/05/2018 4:14:14 PM PST by Verginius Rufus
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To: Terry Mross

It’s actually more like this:

“Hey Mueller we got irrefutable against you for treason and sedition. You will not jail Flynn but you are going to get information on the other traitors for us now because if you don’t you will be a dead man for sure”


14 posted on 12/05/2018 4:15:03 PM PST by DarthVader (Not by speeches & majority decisions will the great issues of today be decided but by Blood & Iron)
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To: DarthVader

+100

**********

That’s exactly how I read Q’s posts about Flynn. Lets get this party started...


15 posted on 12/05/2018 4:22:34 PM PST by Neidermeyer (Show me a peaceful Muslim and I will show you a heretic to the Koran.)
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To: Neidermeyer

Well guess what I don’t follow Q and I know this from other sources who are going after Mueller.


16 posted on 12/05/2018 4:28:33 PM PST by DarthVader (Not by speeches & majority decisions will the great issues of today be decided but by Blood & Iron)
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To: Neidermeyer

I guess that is confirmation for what you have been reading.


17 posted on 12/05/2018 4:29:19 PM PST by DarthVader (Not by speeches & majority decisions will the great issues of today be decided but by Blood & Iron)
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To: DarthVader

We can only hope. Personally, I’ve seen them come out unscathed so many times I don’t believe they’ll pay in this life.

I doubt seriously Trump could find anyone who would prosecute the traitors. The swamp is too deep.

I can also see the swamp creatures going to Trump and say they have manufactured enough evidence to put his kids in prison. At that point I wouldn’t blame him for walking away.

I Know I’ll be flamed for this post but I’ve wondered for years that when a new president walks into the Oval office for the first time he is showed what will happen to his family if he doesn’t play sling.


18 posted on 12/05/2018 4:42:36 PM PST by Terry Mross (On some threads it's best to go jst inraight up his this seat. to the comments..)
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To: Terry Mross

Not this time. (See PM for rest)


19 posted on 12/05/2018 4:48:45 PM PST by DarthVader (Not by speeches & majority decisions will the great issues of today be decided but by Blood & Iron)
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