Unfortunately we anticipated the DOJ reversing their prior sentencing recommendations for Michael Flynn and that’s exactly what has happened.
In the 2018 sentencing recommendations prosecutors recommended probation. However following Flynn’s unsuccessful effort to access material evidence favorable to his defense, federal prosecutors under U.S. Attorney General Bill Barr are now requesting Michael Flynn be sent to prison for a sentence of up to six months.
Flynn is scheduled to be sentenced by Judge Emmet Sullivan on Jan. 28, 2020.
The irony here is the DOJ used the threat of FARA charges to compel the guilty plea. The DOJ then went after Flynn’s former partner Bijan Rafiekian on those exact FARA charges Flynn plead guilty to avoid. Mr. Rafiekian’s sketchy DOJ conviction was overturned and the indictment against him dismissed in September by a federal judge who said there was insufficient evidence to sustain the case.
The case against Rafiekian was dismissed. However, the case against Flynn, which was based on Flynn’s effort to avoid the case against Rafiekian, will likely see Flynn serving prison time. No prison for Rafiekian, and prison for Flynn. Go figure.
Here’s the DOJ Sentencing Memo: