Judge Emmet Sullivan Delays Sentencing of Michael Flynn for 90 Days…

Without cameras in the courtroom we are constrained to understand the Flynn sentencing hearing today through the perspectives of others. The Daily Caller has an article [See Here] and a thread on the events [is Here] and a great video recap of the events by Will Chamberlain [is HERE].

That said, there is much speculation and punditry delivered opinion on what took place; and how the hearing ended with Judge Emmet Sullivan delaying the sentencing of Michael Flynn for 90-days. While we await the transcript from the court, here’s my view.

Last night, while contemplating the possible outcomes of the hearing, there was a strong likelihood of exactly what happened today…. but only if Judge Sullivan was aware of the conflicted position of Michael Flynn, and approached the hearing from that perspective.

Flynn took the guilty plea of lying to investigators to avoid Mueller charging him over the Turkish lobbying issues (FARA).

Happily, it appears Judge Sullivan is well aware of this very specific dynamic and the issues therein. Special Counsel Robert Mueller used the unregistered foreign lobbying charges, and -more importantly- the devastating narrative that can be drawn from those FARA violations, as leverage over Flynn. Based on the comments from Judge Sullivan, it is clear he is aware of this dynamic.

That forms the backdrop for Judge Sullivan stating: “I cannot recall any incident in which the court has accepted a plea of guilty from someone who maintained he was not guilty and I don’t intend to start today.” The judge knows Flynn is pleading guilty to the lying, to avoid larger issues that would come from the unregistered foreign agent issue.

Keep in mind, this is about law and this is about politics. Sullivan appears to be well aware there are times when admitting to violations of law can be the better alternative than allowing the appearance of, and the use of, a much more damaging political narrative.

Think about it this way. If Flynn didn’t accept the plea, team Mueller could then begin deploying a narrative that was not just about a national security adviser lying to federal investigators; but also encompassed an unregistered agent of a foreign power holding a key national security position in the White House. Imagine what team Mueller and the media would do with that narrative. Think about it.

The judge readily understands the scale of both legal leverage and, more consequentially, the political leverage Mueller held over Flynn at the time when Flynn was making decisions on the least-bad outcome (June through November ’17).

So with that in mind, Judge Sullivan begins questioning Flynn and the Special Counsel about the status of current assistance from Flynn toward the recently (not coincidental timing) announced indictments in the Turkish Lobbying case. And Sullivan is asking Mueller’s prosecutor about what other charges they had considered over Flynn.

When Judge Sullivan says: “arguably you sold your country out”, he is not necessarily making a declaratory statement as much as he is referencing the framework of Flynn’s choices. Sullivan projects himself into the position of Flynn: you’re either a liar, or a treasonous foreign agent working in the White House. Which is least bad? That was the narrative option for Flynn.

Then comes a recess.

Following the recess:

[…]  “You were an unregistered agent of a foreign country while serving as the National Security Advisor to the president,” said Sullivan. After a 30-minute recess, Sullivan corrected his statement, saying that Flynn’s work for Turkey ended in November 2016.

“I felt terrible about that,” Sullivan said of his statement that Flynn was working for Turkey while in the White House.

At one point in the hearing, Sullivan asked van Grack if the special counsel ever considered charging Flynn with treason. Van Grack hesitated, according to reporters in the courtroom, but said that prosecutors never weighed those kinds of charges. Sullivan also walked back the treason question, saying that he did not intend to imply that Flynn was guilty of the crime. (read more)

I see a good bottom line here; that Judge Emmet Sullivan is well aware of the intricacies of the dynamic. Flynn likely didn’t lie; however, falsely admitting to a lie is a much better option than having team Mueller saying President Trump employed an unregistered foreign agent as his national security adviser.  See the dynamic?

Judge Sullivan is not making declaratory statements inasmuch as he is probing and outlining his understanding of Flynn’s position.

As a consequence of this dynamic, Judge Sullivan cannot vacate the plea that Flynn wants or else he positions Flynn to become a target of the Turkish lobbying case that was just unsealed yesterday.

Sullivan’s questions about the current status of Flynn’s cooperation indicate he was seeking to discover if Flynn held immunity in that case; Flynn does not.

If Flynn lawyers had gained full immunity for cooperation in the Turkish lobbying conspiracy case; it’s likely Sullivan may have vacated current Flynn charges. However, with Flynn still legally vulnerable in the Turkish case, any judicial decision favorable to Flynn could expose him to criminal charges in the lobbying case.

So Judge Sullivan delays sentencing 90-days, hoping the Turkish Lobbying conspiracy case is completed -or- at a status where Michael Flynn cannot be enjoined in the criminality therein.

That’s my take.

.

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This entry was posted in Big Government, Big Stupid Government, Cold Anger, Conspiracy ?, Decepticons, Deep State, Dept Of Justice, FBI, IG Report FISA Abuse, Legislation, media bias, Notorious Liars, President Trump, Spygate, Spying, Turkey, Uncategorized. Bookmark the permalink.

399 Responses to Judge Emmet Sullivan Delays Sentencing of Michael Flynn for 90 Days…

  1. Brian Baker says:

    Techno Fog has a pretty good summary of the Flynn hearing here:

    – “There has been some misreporting on what actually happened today.
    The judge has accepted the plea.”

    – “The Judge freestyles on the Petraeus deal.
    “I don’t see how a four-star general gives classified information to someone not authorized to receive it and then is allowed to plead to a misdemeanor.”

    This entire episode is a showcase of just how arbitrary and capricious our “justice” system is, iyam.

    Liked by 2 people

    • Publius2016 says:

      than why plea? he was National Security Advisor and Foreign Agent if he takes the plea.

      Like

    • farrier105 says:

      At a deposition in the lawsuit by Russia’s Alpha Bank against Christopher Steele and Fusion GPS Steele admits the purpose of the dossier was so HILLARY FOR AMERICA could challenge the results of the election in case she lost. Here is proof that the plotters were afraid she would lose, and that is why they risked so much personally to do all of this:

      It starts at 22:11

      https://www.bitchute.com/video/gj4tsjpCOfxa/

      Liked by 1 person

  2. Disgusted says:

    The video was so helpful! Are the two guys lawyers? If not they both did remsrkably well relating their observations and sharing them! Thank you!

    Like

  3. rf121 says:

    Reddit..

    Liked by 2 people

  4. Ratwood says:

    Reported by CNN on November 9, 2017: Flynn worries about son in special counsel probe
    https://www.cnn.com/2017/11/08/politics/michael-flynn-son-special-counsel-russia-investigation/index.html

    Flynn’s company (Flynn Intel Group) did file with the federal government, not FARA but under the federal Lobbying Discloser Act (LDA). Apparently Flynn’s company (his lawyers?) concluded an LDA disclosure was more appropriate for their business rather than a FARA.

    See Flynn’s retroactive FARA dated March 7,2017 here: https://efile.fara.gov/docs/6406-Registration-Statement-20170307-1.pdf

    I think Flynn was acting in good faith and Mueller has twisted the laws around to take advantage (of Flynn).

    Liked by 1 person

  5. Howard Glickstein says:

    Sundance,

    I read you daily and learn a lot. Thanks for all you do.

    I’ve been under the impression that Flynn didn’t lie, just misremembered and caved on the lying charge to avoid ruin. But in the last few days, I read pieces by Andrew McCarthy (@National Review) and Alan Dershowitz, both of whom argue that while Mueller’s role and tactics were not appropriate, Flynn did clearly lie (four times, according to McCarthy.)

    What say you?

    (And if he did, why would he, especially given his apparent recognition during the interrogation itself (“thanks for the reminder”) that the agents knew the content of his conversations with Kislyak?)

    Like

  6. Butternut says:

    Looks like Sullivan had to put on quite the performance to slow this railroading down. Did everything but threaten Flynn with being taken out back and shot. Claiming ignorance about the timing of the Turkish lobbying was a nice touch, too.

    Methinks the judge does not consider this case ripe for final adjudication. Let Mueller chew on that.

    Liked by 3 people

    • Publius2016 says:

      its hilarious how they get to railroad Flynn while the General sits there as a TRAITOR. We all know this is a SHAM and yet, why not FIGHT?

      Liked by 1 person

      • cali says:

        @Publius2016: Flynn as DIA and longtime military career enabled him and military intelligence to collect a collage of traitorous activities by foreign agents aka congress/presidents and more together with enemies abroad plotting the takedown of this republic. The end date to conclude this destruction? ——-2024——-.

        Flynn knows where all the bodies are buried ergo he is the deep state biggest threat. Hussein and his merry gang of foreign agents placed a target on Flynn’s back beginning in Iraq, Libya and more.

        Liked by 1 person

  7. itsy_bitsy says:

    Sullivan is a disgrace and should be thrown off the bench!

    Like

    • Publius2016 says:

      totally disagree…said Berger and Petraeus were given misdemeanor pleas while Flynn gets felony…asking why “selling out country” is ok? Flynn needs to look at the stars and stripes and FIGHT! does he want to go down in American History as a TRAITOR? if he takes plea, hes agreeing to lying to FBI while being a Paid Foreign Agent!

      Liked by 1 person

    • Michael K says:

      I don’t know what to make of Sullivan. I thought he was capable of tossing the whole case, then he makes that inexplicable accusation about “selling out your country.” I wonder if he is getting a little senile. Bizarre.

      Like

    • platoriusnepos says:

      Something is up with Judge Sullivan; it is being reported by Washington Times that he just blocked Trump’s asylum review and deportation policy, requesting that all those deported under this review must be brought back, ‘un-deported’.

      Like

  8. I don’t know any more than what I have read here by Sundance and what I heard on Lou Dobbs last night, but I tend to side with Dobbs, who didn’t believe Sullivan was play-acting in his rant at Flynn; the fact that he had to walk back the “treason” accusation later is more in line with his being initially sincere (and incompetent, and biased, and thus “compromised” in continuing to adjudicate this case). Sullivan has had how long, to be up to speed on the “deal” between Flynn and Mueller?

    Which brings up the other point I would make, and I haven’t seen anyone make yet: If Flynn had a deal with Mueller about “copping” to the charge of lying, why would he be vulnerable to the other, greater charge if he were legitimately let go by Sullivan on the lesser charge? If he is vulnerable, that constitutes bad faith on the part of Mueller to welch on the deal, and prosecutorial misconduct. It seems to me Mueller would be vulnerable to being taken down himself, if he tried to get Flynn on the greater charge, having legitimately lost on the first charge.

    No one seems competent in this, which alienates anyone who can think straight. Feelings of alienation are no doubt epidemic now:

    http://theendofthemystery.blogspot.com/2018/10/alienation-meaning-and-false-dogma.html

    Liked by 2 people

    • I still think, as I commented here on CTH yesterday, that “Islamophobia” and Obama are the awkward elephant in the room that nobody wants to “uncover”. The Turkish government of Erdogan was lobbying to have an Islamist activist (named Gulen?, I a not sure) who used to work with Erdogan, then against him, and is now inserting Islam-based or Islam-friendly schools across America. (Which also involves the usual conundrum in Muslim-Vs-Muslim controversies: which side are the “good” guy?, and the answer is clearly neither).

      Obama had it in for Flynn, and fired him during HIS administration. I believe he was the one who sicced Comey on Flynn, for meddling in Obama’s real religion and his desire to “transform” America to benefit a resurgent Islam, and Comey was of course proud to serve his real leader.

      What a pile of steaming false dogma these spoiled, ignorant children are making, ever higher.

      Liked by 1 person

  9. NC Nana says:

    This is a good summary type article by Byron York observations from yesterday’s Flynn hearing.

    https://www.washingtonexaminer.com/opinion/columnists/byron-york-judges-accusations-mar-michael-flynn-sentencing-hearing

    If you need Cliff notes, this article has some good restatements of the Turkey lobbying issues made by Jonathan Turley.

    https://www.thegatewaypundit.com/2018/12/two-tiered-justice-mike-flynn-and-tony-podesta-did-same-work-for-turkey-both-filed-retroactively-flynns-life-is-in-tatters-as-podesta-walks-free/

    Liked by 1 person

  10. william elbel says:

    So Flynn worked for bad guy Turkey that just last week was the good guy exposing Kashoogi.

    This means Turkey is now officially not an ally?

    Like

  11. Kid Jupiter says:

    Why Trump appointed this sloppy, clueless idiot as NSA is beyond me. One of his more stupid personnel moves, and there have been several. Personnel decisions aren’t Trump’s strong point and are going to ultimately sink his presidency.

    Comey should’ve been fired on day one.
    Sessions should’ve been fired the minute he recused himself, let the cards fall where they may,
    Rosenstein should’ve been fired the minute he appointed Mueller after recommending the firing of Comey.
    Trump’s lawyers suck – Dowd, Cobb, now Giulliani are clowns. Clueless.

    He should’ve know better than to be anywhere near Cohen, as well – this is going to be their “in” to impeach him sometime in the spring – summer.

    Even if he’s not removed from office, the political damage is done.

    Sad.

    Like

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