Posted on 09/19/2018 9:51:25 AM PDT by yesthatjallen
Robert Muellers request that a federal judge move forward with sentencing for Michael Flynn, President Trumps former national security adviser, has triggered new debate over the status of the special counsels investigation and the value of Flynns cooperation.
Some observers interpreted the move, which followed months of delays in Flynns sentencing, as an indication that Mueller is unlikely to call Flynn to testify at any future trials that may arise from the probe into Russian interference in the 2016 presidential election.
Its a sign that, perhaps, Flynn may not be critical to other pieces of Muellers investigation, said Ron Hosko, a former assistant director at the FBI.
But Hosko and others warned that while Mueller may be wrapping up with Flynn, the development should not be construed as a sign that Mueller is concluding his broader probe, which includes examining possible collusion between Trumps campaign and Moscow and whether the president obstructed justice.
These are the types of moves a prosecutor makes when they are entering the final stage of an investigation or prosecution, said Jonathan Turley, a law professor at George Washington University. What people have to be cautious about is that Mueller could be wrapping up aspects of his investigation while continuing to explore other aspects.
Muellers request for Flynns sentencing came days after he secured a key cooperator in Paul Manafort, the onetime Trump campaign chairman who participated in the June 2016 Trump Tower meeting with a Russian lawyer that was predicated on obtaining damaging information on then-Democratic presidential nominee Hillary Clinton.
The Mueller investigation is now so sprawling that it is dangerous to assume that shutting down one aspect will necessarily mean the end to all aspects of his investigation, said Turley, who is also an opinion contributor for The Hill.
Flynn pleaded guilty in December to one count of lying to FBI agents about his contacts with the Russian ambassador to the United States and agreed to cooperate with Muellers team, from submitting to interviews with government investigators to providing courthouse testimony.
From the start, Flynn has been viewed as a valuable witness in Muellers investigation, given his prominent role on the campaign and brief tenure as national security adviser. Court filings show that Flynn communicated with senior members of Trumps transition team about his conversations with then-Russian Ambassador Sergey Kislyak about U.S. sanctions on Moscow.
Mueller had sought to delay Flynns sentencing four times, a sign that as of late August his cooperation was still needed months after his guilty plea. Early on, there was speculation in conservative circles that Flynns plea deal could be collapsing, with some alleging that Flynn had been set up by the FBI.
In a joint filing with Flynns defense attorneys on Monday, Muellers team requested that Judge Emmet D. Sullivan set Flynns sentencing date for Nov. 28 or thereafter, a sign that Mueller has gotten all the information he needs from Flynn for the purposes of the investigation into Russian interference.
But some legal analysts downplayed Mondays action, noting that Mueller could still call Flynn to testify after he is sentenced.
Its an insignificant development on the testimony front. I think if Mueller intended to call him, hes going to call him to testify, said Glenn Kirschner, a former federal prosecutor in D.C. The one thing that it convinces me of is Flynns investigative usefulness is over.
Prosecutors often will delay a defendants sentencing until after their testimony in any pertinent cases, a move that provides leverage over the defendant and incentivizes them to testify to the best of their ability.
But because Flynn is likely to face a minimal sentence for his crime, some argue that it is unlikely that any testimony he makes in court would have a major impact on his sentencing.
Flynn probably isnt going to go to jail, said Randall Eliason, a former assistant U.S. attorney in D.C. Theres not much reason to delay it, from either sides point of view.
Muellers request is likely to set up the former Trump adviser, who has made few public appearances since his guilty plea, for a key court appearance just after the November midterm elections. It is possible that Flynns sentencing could shed more light on his cooperation with the government, though Muellers team could file documents under seal so as to shield the public from sensitive information about the investigation.
For the time being, the extent and nature of Flynns cooperation remains shrouded in mystery.
Meanwhile, Trump and his allies are anxious for the probe to wrap up, and the developments with regard to Flynn are unlikely to alleviate frustrations at the White House.
On one side for the White House, I think its a recognition that Mueller and the special counsels office are done with Flynn and likely the collusion question, said GOP strategist Ford OConnell. But the White House is still fuming because what you have here is an investigation in search of a crime.
The White House did not respond to a request for comment.
Flynns crime carries a sentence of up to five years in prison and a fine of as much as $250,000, though the federal sentencing guidelines call for a prison term of between zero and six months and a fine of between $500 and $9,500.
Other Trump campaign associates, including Richard Gates and George Papadopoulos, have pleaded guilty and cooperated in the investigation; Papadopoulos was sentenced to 14 days in prison earlier this month.
Many observers view the developments in Flynns case as a step forward in an investigation that has lasted 16 months so far. Still, Mueller has revealed little about his game plan beyond what is included in indictments and said in court appearances, offering few clues of where the broader investigation stands.
Theres an urgency to everything hes doing, said Hosko, who worked under Mueller when he was FBI director. Hes trying to get to the core truth of what his tasking has been, and I dont think speed is of the essence to him, though I believe its fully on his mind.
Shameful, sprawling? Sheesh, this was supposed to be about Russian collusion.
If you want to use someone as a court witness you don't make him plead guilty to perjury.
That much is obvious
Trump needs to simply pardon Flynn. Now. Leave Mueller with nothing.
Can you imagine what job Mueller would be able to do if he had to work in the private sector? The mall wouldn’t even hire him as a part-time security guard.
“Can you imagine what job Mueller would be able to do if he had to work in the private sector? “
No imagination needed. He has worked in the private sector.
He and his brother Lurch Kerry could be limo drivers.
"I object, your honor - Assumes facts not in evidence."
8. Cooperation
Your client agrees to cooperate with this Office on the following terms and conditions:
(a) Your client shall cooperate fully, truthfully, completely, and forthrightly with this Office and other Federal, state, and local law enforcement authorities identified by this Office in any and all matters as to which this Office deems the cooperation relevant. Your client acknowledges that your client's cooperation may include, but will not necessarily be limited to: answering questions; providing sworn statements; taking government-administered polygraph examination(s); and participating in covert law enforcement activities.
How could President Trump get everything that LtGen Flynn knew entered into evidence? Things are often not as they seem...
Just setting the Precedence for the coming Hillary/Obama Treason investigations to spread out to every connection in the Democrat party and their media apparatchik affiliates.
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