Just as predicted, ever since retired Lt. Gen. Michael Flynn’s hearing yesterday, in which his sentencing was postponed till mid-March, media commentators have gone out of their ever loving minds.  Yes, there were some dramatic moments in court, but nothing to warrant the kind of overreaction we’ve seen.  The “journalists” that we can usually count on to react this way have been true to form, and they have become tiresome.

As you know, Gen. Flynn pleaded guilty about a year ago to one count of lying to the FBI, even though the agents who talked to him apparently didn’t even think he’d been deliberately deceptive.  In May of last year, it seemed that Flynn was not going to be charged by the DOJ.  But after Comey was fired and Mueller took over the “Russia” investigation, Mueller found Flynn useful to the special counsel team and ended up charging him, working out a plea deal with him, and accepting his “cooperation.”  This three-star general has cooperated for a year now, and it looks as though he’ll be cooperating for another 90 days while he awaits sentencing.

 

The last-minute memo that Flynn’s lawyers had submitted, outlining the underhanded tactics used by Mueller’s team, seems to have backfired with the judge.  According to Byron York, writing in the Washington Examiner, Sullivan may have regarded it as a last-ditch attempt by Flynn to weasel out of his guilty plea, even as he acknowledged in court that he was guilty.  Sullivan was having none of what he may have seen as a play-it-both-ways strategy.  Since it now seems unlikely that Flynn deliberately lied in his FBI interview, maybe the judge hoped he’d just go ahead and rescind his guilty plea, taking his chances with an ongoing legal fight.  Who could blame him for not wanting a defendant pleading guilty in his courtroom to something he didn't do?  If you’re like me, you’d like to see Flynn fight back, too.


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On the other hand, Judge Sullivan came down hard on Flynn concerning something he wasn’t even formally charged with:  his failure to register as a lobbyist on behalf of the Turkish government to have a Turkish citizen accused of plotting the overthrow of President Erdogan extradited from the U.S.  (Two of Flynn’s business associates are facing charges for that; it is this case that apparently benefits from Flynn’s “cooperation.”)  Failure to register as an agent for a foreign interest is quite often not prosecuted (think Tony Podesta, whose name comes up again below).

 

But the judge went way over-the-top in referencing Flynn's lobbying work, and that’s what has every anti-Trump reporter talking about “treason” with a gleam in his or her eye.  He questioned in open court whether Flynn had “sold out” the United States.  “Arguably, that undermines everything that this flag over here stands for,” he said, gesturing towards the American flag.  Sullivan seemed to be thinking that Flynn had worked as an unregistered agent of Turkey while in the White House, but it was before then.  And, yes, he even asked the prosecutors if they thought Flynn had committed treason.

 

The prosecutors, of course, had to say NO.  As I said on Tuesday, it seems likely that Sullivan asked them that question in court to get their answer on the record.  Wouldn’t that be beneficial to Flynn?  Sullivan also asked the prosecutors if they thought Flynn’s phone call with the Russian ambassador, in itself, broke the law.  Good one, judge!  After a looooong pause, the attorneys answered that it might have violated the Logan Act.  The judge laughed and said something like, “Oh, you mean that law that no one’s ever been prosecuted for?”

 

It should also be said that after a recess, the judge tempered the harsher things he had said.

 

As York points out, Flynn didn’t even do the things Judge Sullivan lost his cool over.  He did not commit treason, he did not work as a foreign agent while in the White House, and he did not “sell out” he United States.  If he had done those things, we can be sure Mueller would have charged him with them.  But listen to some commentators, and you’d think we should be standing him against a wall and offering him a blindfold and a last cigarette.

 

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

 

Some elements of Tuesday’s hearing remain mystifying, but let’s try to put what Flynn was accused of in perspective.  Jonathan Turley, in an opinion piece for FOX News, said, “The failure to file as a lobbyist for Turkey under the Foreign Agents Registration Act [FARA] hardly makes Flynn the modern-day equivalent of Benedict Arnold.  It makes him the Republican version of Tony Podesta, who is enjoying his retirement in his  home in the upscale Kalomara neighborhood of Washington a few doors down from the former President Obama and his family.”

 

https://www.foxnews.com/opinion/jonathan-turley-judge-surprises-flynn-at-sentencing-hearing-heres-what-to-expect-next

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Comments 1-20 of 20

  • Ronald B Barton

    12/22/2018 09:38 AM

    IT'S CRIMINAL, NOT POLITICAL! MUELLER IS COVERING UP THE THE URANIUM 1 CRIME!
    IT'S ALL CONNECTED! The BLM takeover of western RANCHLAND, THE attack on the BUNDYS, HAMMONDS & THE Imprisonment of the HAMMONDS!
    THAT, ties in to the URANIUM 1 CRIME & the CLINTONS, McCABE, MUELLER, THE MURDER & SUICIDE of INNOCENT RANCHERS!
    THE MUELLER CRIME COVER UP ! THATS THE CRIME!
    THE BLM, DOJ, FBI & OBVIOUSLY MORE are working together!

  • Jerry Korba

    12/20/2018 12:10 AM

    I would like to have the words good, respected , honest reviewed these are words used to describe Judge Sullivan, Robert Mueller, Jim Comey and lot more that these men are good men considered by both side of the isles as it turns out these people are nothing more than liars and nitwitted buffoons. Sullivan opens his big mouth before his bad breath almost knocks everyone out he is saying he is sorry for being a moron so much for his 15 minutes of fame Robert Mueller everyone respects him look what he did as FBI director and what's he doing with this investigation 2 years 30 million dollars later what's he got probably committing more crime than he's solving and how about that misfit Jim comey as AG taged by the media as everyones good honest respected people do you wonder why the media is called fake news? To watch the so called news today is a waste of time and energy we the American people should find a different outlet for 4 months I mean maybe watch the sports and weather shows your not getting the news your getting opinions and they are not good, respected or honest!! The politicians, the DOJ,. The FBI Heads, the media do want success they want to own you, support our President

  • Joe Analco

    12/19/2018 09:38 PM

    The corruption in Washington DC is a disgrace and the shameful conduct of our law makers and enforcement officials is riding the fast track to destruction to this great nation.

  • Beverly Snable

    12/19/2018 09:36 PM

    You and your DAUGTER are the only republicans we can trust isn’t now! What do you think the future holds for our country? Do you still support Predent 100%? As a Christian in live God says to honor this in authority. It has been very depressing to watch the news every day an be encouraged. I pray for our country daily. I’m tempted to just shut myself off from all news, it robs my Joy and causes me to be depressed. What would be your advice? You are the only person I would listen to right now!

  • Paul Russ

    12/19/2018 05:27 PM

    How is it possible for Judge Sullivan to continue on this case?
    Hasn't he shown flagrant judicial prejudice? He can't even the get the facts straight.
    How could possibly sentence Flynn fairly at this point?
    Do Flynn's attorneys have any leverage now to have this entire case dismissed?
    This has become a travesty.

  • Charles Kirkland

    12/19/2018 02:38 PM

    I have reason to believe, that Judge Sullivan was playing the SCO prosecutors, wanting to get a bit of truth out of them, reason why he did some over exaggeration with the treason talk. Very risky, yet it pointed out that Flynn did nothing wrong. To Mueller, the general is just a casualty in his March towards his real target, the president. I have a strong feeling, that Gen. Flynn will not be sentenced, and later be either exonerated, or pardoned by Trump. Flynn DID NOTHING WRONG. HE WAS DUPED INTO AN INNOCENT CONVERSATION THAT WAS AN ILLEGAL STING OPERATION, AND HIS LIFE AND REPUTATION HAS BEEN DESTROYED.
    Just my two bits on it, thanks Gov.

  • Dennis L. Patterson

    12/19/2018 02:01 PM

    It seems to me that Gen. Flynn is unable to afford additional expensive litigation and in light of the prosecution's recommendation of no jail time, he decided to maintain his guilty plea (even if unwarranted) and put an end to the bleeding. He saw no harm in taking a shot at a dismissal for prosecutorial misconduct, but he was wrong. In the process he got the Judge angry. In addition, I don't think that he counted on the Judge being uninformed on the facts and the law, or the Judge's over-reaction to Flynn refusing to play his role in the Judge's game.

  • Evelyn B

    12/19/2018 01:59 PM

    There are thousands of us that know what is really happening, and praying for all that are sticking there necks out to bring down the deep state... Who is Mark Taylor? Who is Q??? WWG1WGA... GWU... Christians repent, and dump your 501c3 church. For they have taken the thirty pieces of silver, and no longer trust God to provide...

  • Edward W English,Sr

    12/19/2018 01:47 PM

    One of our greatest problems today is the proliferation of professional politicians. Almost no one remembers, but the men who wrote the Declaration and the Constitution were working men of other professions who give up a time to work for our country. They did their regular (other) profession most of the year and went to the capitol for the Congressional sessions and returned to their regular jobs after.
    Today D.C. is filled with professional politicians who know no other path, and consequently have problems when a problem is approached from other than political terms. They can't determine a sensible answer to a practical problem. We need more businessmen and people from other professions in government at all levels - city, county, state and yes, national.

  • Dolores

    12/19/2018 01:13 PM

    As a resident of New York State all my adult life I would like to go on the record saying that I detest the politics of this state. My senators are an embarrassment. We have a harpie and a badgerer representing us in the Senate and I would rather have NO representation. New York produces some of the most corrupt and diabolical politicians in the country. California is bad, but their politicians are mostly comical. New York’s are deadly. My voice is unheard. “Downstate” controls everything. They have plundered the entire state for water, squeezing farmers out to buy their land , they over-regulate hunting so a man can’t support his family with fresh game and fish, they tax everyone out of existence, and now the word is that our governor is so angry that no county north and west of Ulster and Dutchess voted for him that he plans to punish us. Bring it on, Gov. you look like an insane Al Pacino and you act like one, too!

  • Thomas H Nienburg Sr

    12/19/2018 12:42 PM

    Governor,
    As a non-legal expert, all this seems blurred & unsettling. However, the overriding difficulty I have is with our Republican Congress & their apparent difficulty in taking control of the process of getting to the bottom of this entire situation. They, our House & Senate Representatives, don’t really seem determined or the will to get to the truth or don’t have the skill to compete wth the Democrats. The Dems do play the game better.
    What is you thinking on this subject?
    I’ve very much enjoyed your column
    Respectfully
    Thomas H Nienburg Sr
    Palm City Florida

  • Lawrence E. Foster

    12/19/2018 12:01 PM

    The "news" media like to cite Judge Sullivan's one-time appointment to the bench by President Bush 41 as proof he is an even handed jurist. He is not - he seems to be more and more part of the Clinton-Tsoros Cartel. Mueller is famous for judge shopping, among other prosecutorial misconduct, and if he chose to maneuver things so Sullivan was the sentencing judge I'm convinced he is in the pocket of the cess-pool (My term for the 'deep state').

  • Jim Poston

    12/19/2018 11:59 AM

    Dear Brother (Gov) Mike:

    Just a note to let you know I appreciate your work and all you do! I also admire your Daughter Sarah! She's a beautiful Woman and Sister and I know you've had a profound impact on her life. God Bless Dads and Moms!!

    The good news through all that's going in our Nation during these times is, even when it seems the darkest and most hopeless, thru all the lies an cover up being employed by the Dark Left and Dark Left Media, "no one's really getting away with anything"!! Although it may appear they are just having their way by spinning their webs of lies and deception, it's simply not true. They (none of us) are getting by with anything. For truly, "God is not mocked, and will not be mocked", for what ever we sow is exactly what we'll reap. I can't even what it'll be like for Muller and his staff, Clinton and their associates and the rest of those who are deceived in their minds.

    But on a brighter note (LOL), are you still playing the bass? I'm a guitar picker myself and if God so allows I'd enjoy laying down some R&B riffs with you. If it don't happen on this side of the dirt, maybe on the other side! Merry Christmas and Very Best Regards, YBIC Jim Poston (Fort Worth, TX)

  • Cecilia Sotomayor

    12/19/2018 11:47 AM

    Why can't the judge just dismiss the plea, given the FBI agents documentation of their questioning? LT Gen Flynn is obviously protecting his family from further harassment by Mueller.

  • BILL HOGLUND

    12/19/2018 11:30 AM

    It's absolutely sickening what "they" have done to Mr. Flynn. This is the stuff of dictatorships and puppet governments. Corruption delux!

  • TERRY DELIA

    12/19/2018 11:26 AM

    The possibility exists that the judge feels Flynn let his country down by entering a guilty plea regarding something he did not do, which is in essence a lie to get a reduced sentence. He entered the plea to avoid the further ruin of his family not because he lied to the FBI. To not stand up to Mueller's crooked tactics does let the country down because it allows Mueller to continue his crooked witch-hunt.

  • Judy Jordan

    12/19/2018 11:14 AM

    I'm glad Sullivan apologized for making a fool of himself.

  • TOMMIE CLARK

    12/19/2018 10:58 AM

    president trump needs to release the indictments on the 61,000 people and stop the witch hunt most americans are tired of it, besides mueller needs to be investigated himself.

  • Stephen Russell

    12/19/2018 10:57 AM

    Trump Fdn closes shop,Next Clinton Fdn which did FAR worse than Trump organz
    Life is a 2 way street Dems Wake UP Fools
    Karma is coming & it Bites.
    Close down Clinton Fdn

  • Stephen Russell

    12/19/2018 10:55 AM

    First Step additions:
    Vet felony level inmates OUT.
    Use ankle trackers for other inmates?
    Ensure Community Service
    More Voc, Tech Ed in Jails taught.
    Awards & incentives for inmates to work
    More work camps for revcidisim cases, work 10 hour days??
    More can be done
    Flex sentencing to cover mitigating circumstances.
    OK Cop cams etc for use in court.
    Hope they can use these amendments.