GET WHAT THAT WAS ALL ABOUT. WE’RE GOING GET SOME EXPERT HELP
ON FIGURE AGATHA OUT IN JUST A
MINUTE, A LITTLE BIT LATER ON
THIS HOUR.
THIS HOUR. BUT OF COURSE THE UNBELIEVABLE
TURN OF EVENTS IN TODAY’S NEWS
HAPPENED IN FEDERAL COURT IN
WASHINGTON, D.C. IN THE
COURTROOM OF JUDGE EMMET
SULLIVAN.
SULLIVAN. AND THIS JUST DID NOT GO AS
ANYBODY EXPECTED IT TO.
SO THIS IS THE FORMER NATIONAL
SECURITY ADVISER OF THE UNITED
STATES APPEARING IN COURT FOR
SENTENCING AFTER HE PLEAD GUILTY
MORE THAN A YEAR AGO AND ENTERED
INTO A COOPERATION DEAL WITH THE
SPECIAL COUNSEL’S OFFICE.
THIS WHOLE THING TODAY, THIS
WHOLE SENTENCING TODAY WAS
SUPPOSED TO ROLL DOWNHILL.
THERE WASN’T EVEN A DIFFERENCE
OF OPINION BETWEEN THE
PROSECUTION AND THE DEFENSE AS
TO WHAT SHOULD HAPPEN TO MIKE
FLYNN TODAY.
FLYNN TODAY. BOTH SIDE SAID HE SHOULD GET
ZERO JAIL TIME.
BUT AMAZINGLY, THAT CONSENSUS
VIEW OF THE DEFENSE AND THE
PROSECUTION IS NOT WHAT HAPPENED
TODAY.
TODAY. AGAIN, WE WILL GET EXPERT ADVICE
ON THIS IN JUST A MORNING, BUT
THIS JUST TURNED INTO A TRAIN
WRECK FOR MIKE FLYNN, AND MORE
BROADLY FOR SUPPORTERS OF THE
PRESIDENT, PARTICULARLY
PRESIDENT, PARTICULARLY CONSERVATIVE MEDIA AND ON
CAPITOL HILL WHO HAD TRIED TO
TURN ELEMENTS TELEPHONE MUELLER
INVESTIGATION INTO SOME SORT OF
INDICTMENT OF THE FBI, INTO SOME
SORT OF SCANDAL ABOUT THE FBI
AND LAW ENFORCEMENT.
THAT TOOK A MAJOR HIT TODAY.
I MEAN, THIS WAS -- THIS WAS
JUST A -- I MEAN WE KNEW THERE
WAS A LITTLE ELEMENT OF
UNPREDICTABILITY HERE, BUT THIS
WENT WAY, WAY OFF THE RAILS,
EVEN BEFORE WE GOT TO THE PART
WHERE EVERYBODY IN THE COURTROOM
KEPT SAYING THE WORD "TREASON"
OVER AND OVER AGAIN.
BUT THIS IS HOW IT STARTED.
THE JUDGE, GOOD MORNING.
THE COURTROOM CLERK, GOOD
MORNING, YOUR HONOR.
THE JUDGE, GOOD MORNING.
YOUR HONOR, THIS IS CRIMINAL
CASE 17-232, UNITED STATES OF
AMERICA VERSUS MICHAEL FLYNN.
WILL ALL PARTIES PLEASE COME
FORWARD TO THIS LECTERN AND
IDENTIFY YOURSELVES FOR THE
RECORD.
RECORD. MR. VAN GRACK, GOVERNOR, YOUR
HONOR, BRANDON VAN GRACK ON
BEHALF OF THE UNITED STATES.
WITH ME AT COUNSEL’S TAIL ABOUT
TABLE IS ZAINAB AHMED AND
WILLIAM McCAUSLAND FOR THE FBI.
THE GOUG SAYS GOOD MORNING,
COUNSEL.
COUNSEL. MS. AAAHMAD SAYS GOOD MORNING.
THE JUDGE SAYS, ALL RIGHT, GOOD
MORNING.
MORNING. GOOD MORNING, COUNSEL.
AND THEN THE JUDGE SAYS, MR.
FLYNN, GOOD MORNING, HOW ARE
YOU?
YOU? AND THEN THE DEFENDANT, MICHAEL
FLYNN SAYS, GOOD.
THE JUDGE, ALL RIGHT.
GOOD MORNING.
GOOD MORNING. THIS IS CASE IN A VERY UNIQUE
POSTURE.
POSTURE. JUDGE SULLIVAN SAYS, QUOTE, I
READ EVERY FILING VERY CAREFULLY
IN THIS CASE.
THERE IS A GREAT DEAL OF
NONPUBLIC INFORMATION IN THIS
CASE, AND I’LL JUST LEAVE IT AT
THAT.
THAT. IF ANY OF MY QUESTIONS REQUIRE A
PARTY TO DISCLOSE NONPUBLIC
INFORMATION, OR IF I BEGIN TO
DISCUSS SOMETHING NONPUBLIC,
DON’T BE SHY IN TELLING ME.
MY CLERKS OVER THE YEARS HAVE
LEARNED TO DO THIS.
AND BECAUSE WE JUST GOT A
TRANSCRIPT, HE MAKES SOME SORT
OF GESTURE.
OF GESTURE. IF I GET OFF THE SCRIPT OR GET
INTO AREAS, I WON’T BE OFFENDED.
I MAY NOT SEE YOU.
STAND UP OR SAY SOMETHING.
I DON’T WANT TO UNINTENTIONALLY
SAY SOMETHING THAT SHOULD NOT BE
REVEALED ON THE PUBLIC DOCKET.
SO THIS IS RIGHT AT THE OUTSET
OF TODAY’S HEARING, AND THIS IS
A REALLY GOOD REMINDER RIGHT AT
THE OUTSET THAT ALL OF THOSE
REDACTIONS WE HAVE SEEN IN THE
COURT FILINGS IN MIKE FLYNN’S
CASE, ALL THOSE BIG BLACK BARS,
THOSE THINGS ARE REDACTED TO US
THE PUBLIC, BUT THEY’RE NOT
REDACTED TO THE JUDGE.
HE HAS SEEN THE NONPUBLIC
INFORMATION.
INFORMATION. HE HAS SEEN THE UNREDACTED
EXPLANATION OF THE KINDS OF
COOPERATION THAT FLYNN HAS
OFFERED TO THE SPECIAL COUNSEL,
THE CASES THAT HE HAS HELPED
WITH.
WITH. THE JUDGE HAS ALSO SEEN THE
FBI’S UNREDACTED NOTES ABOUT
THEIR INTERACTIONS WITH FLYNN
AND ABOUT HIM LYING TO THE FBI.
AND WE REALLY DO NOT KNOW AS
MEMBERS OF THE PUBLIC WHAT’S
BEHIND THOSE BLACK REDACTING
BARS.
BARS. BUT WHO KNOWS?
MAYBE WHAT’S BEHIND THOSE BLACK
BARS IS WHAT CONTRIBUTED TO THIS
JUDGE GOING OFF LIKE A VOLCANO
TODAY ABOUT THE SERIOUSNESS AND
THE TERRIBLENESS OF MIKE FLYNN’S
BEHAVIOR.
BEHAVIOR. I’M GOING TO CUT TO THE CHASE
HERE, BECAUSE THIS IS THE PART
YOU HAVE HEARD ABOUT TODAY, IF
YOU HAVE HEARD ABOUT ANY OF
THIS.
THIS. THE JUDGE, SPEAKING TO MICHAEL
FLYNN, THE DEFENDANT AT THIS
POINT.
POINT. THE JUDGE, QUOTE, I’M GOING TO
BE VERY FRANK WITH YOU.
THIS CRIME IS VERY SERIOUS.
IT INVOLVES FALSE STATEMENTS TO
THE FEDERAL BUREAU OF
INVESTIGATION AGENTS ON THE
PREMISESES OF THE WHITE HOUSE,
IN THE WEST WING BY A
HIGH-RANKING SECURITY OFFICER
WITH UP TO THAT POINT AN
UNBLEMISHED CAREER OF SERVICE TO
HIS COUNTRY THAT IS A VERY
SERIOUS OFFENSE.
SERIOUS OFFENSE. YOU KNOW, I’M GOING TO TAKE INTO
CONSIDERATION THE 33 YEARS OF
SERVICE AND SACRIFICE AND TAKE
INTO CONSIDERATION THE
SUBSTANTIAL ASSISTANCE OF
SEVERAL ONGOING INVESTIGATIONS,
BUT I’M ALSO GOING TO TAKE INTO
CONSIDERATION THE AGGRAVATING
CIRCUMSTANCES, AND THE
AGGRAVATING CIRCUMSTANCES ARE
SERIOUS.
SERIOUS. NOT ONLY DID YOU LIE TO THE FBI,
BUT YOU LIED TO SENIOR OFFICIALS
IN THE TRUMP TRANSITION TEAM AND
ADMINISTRATION.
ADMINISTRATION. THOSE LIES CAUSED THE THEN VICE
PRESIDENT-ELECT, THE INCOMING
CHIEF OF STAFF, AND THE THEN
PRESS SECRETARY TO LIE TO THE
AMERICAN PEOPLE.
AMERICAN PEOPLE. MOREOVER, YOU LIED TO THE FBI
ABOUT THREE DIFFERENT TOPICS,
AND YOU MADE THOSE FALSE
STATEMENTS WHILE YOU WERE
SERVING AS THE NATIONAL SECURITY
ADVISER, THE PRESIDENT OF THE
UNITED STATES’ MOST SERIOUS
SECURITY AIDE.
SECURITY AIDE. I CANNOT MINIMIZE THAT.
TWO MONTHS LATER YOU AGAIN MADE
SFLS STATEMENTS IN MULTIPLE
DOCUMENTS.
DOCUMENTS. ALL ALONG YOU WERE AN
UNREGISTERED AGENT OF A FOREIGN
COUNTRY WHILE SERVING AS A
NATIONAL SECURITY ADVISER TO THE
PRESIDENT OF THE UNITED STATES.
I MEAN, ARGUABLY, THAT
UNDERMINES EVERYTHING THIS FLAG
OVER HERE STANDS FOR.
AT WHICH POINT HE SWIVELS IN HIS
CHAIR AND POINTS AT THE AMERICAN
FLAG IN THE CORNER OF HIS
COURTROOM.
COURTROOM. THE JUDGE CONTINUES, ARGUABLY,
YOU SOLD YOUR COUNTRY OUT.
THE COURT IS GOING TO CONSIDER
ALL OF THAT.
I CANNOT ASSURE YOU THAT IF YOU
PROCEED TODAY, YOU WILL NOT
RECEIVE A SENTENCE OF
INCARCERATION.
INCARCERATION. I CANNOT MAKE ANY GUARANTEES,
BUT I AM NOT HIDING MY DISGUST,
MY DISDAIN FOR THIS CRIMINAL
OFFENSE.
OFFENSE. THE DEFENDANT, MICHAEL FLYNN,
YES, YOUR HONOR.
THE JUDGE, BUT IT’S YOUR CALL,
MR. FLYNN.
MR. FLYNN. I’M JUST BEING UP-FRONT WITH
YOU, AS I WOULD WITH ANYONE
ELSE, AND EVERYONE WHO KNOWS ME,
KNOWS THAT.
KNOWS THAT. IF YOU WANT TO PROCEED TO
SENTENCING TODAY, I CAN NOT
PROMISE ANYTHING OTHER THAN I’LL
GIVE FULL CONSIDERATION TO
ANYTHING YOU WISH TO SAY, IF YOU
WANT TO STAY ANYTHING AT ALL.
DO YOU UNDERSTAND THAT?
THE DEFENDANT, MICHAEL FLYNN,
YES, SIR.
YES, SIR. THE JUDGE, BUT IF YOU WANT SOME
MORE TIME AND TO COME BACK LATER
AFTER IT’S CLEAR THAT YOU’VE
DONE EVERYTHING YOU POSSIBLY CAN
FOR THE UNITED STATES OF
AMERICA, I’M GOING TO GRANT THAT
REQUEST.
REQUEST. NOW, IF YOU WOULD LIKE TO TAKE A
RECESS NOW AND TALK TO YOUR
ATTORNEYS, I’M HAPPY TO
ACCOMMODATE YOU IN THAT REGARD
AS WELL.
AS WELL. WOULD YOU LIKE TO DO THAT?
THE DEFENDANT, MICHAEL FLYNN,
YES, YOUR HONOR.
SO AT THIS -- THAT POINT IN THE
PROCEEDINGS TODAY, EVERYBODY
KNOWS ALL BETS ARE OFF.
HEADING INTO TODAY’S SENTENCING,
MIKE FLYNN’S DEFENSE LAWYERS AND
THE PROSECUTORS FROM THE SPECIAL
COUNSEL’S OFFICE, THEY HAD BOTH
ARGUED THAT FLYNN SHOULD RECEIVE
ZERO JAIL TIME.
BUT, OF COURSE, EVERYBODY KNOWS
THAT IT’S NOT A CONSENSUS THING.
IT IS ULTIMATELY UP TO THE
JUDGE.
JUDGE. AND HERE’S THE JUDGE, SURPRISE,
IN OPEN COURT, FLAT-OUT WARNING
FLYNN, I CANNOT ASSURE YOU THAT
IF YOU PROCEED TODAY, YOU WILL
NOT RECEIVE A SENTENCE OF
INCARCERATION.
INCARCERATION. THERE ARE SIX DIFFERENT
INSTANCES IN TODAY’S SENTENCING
HEARING WHERE THE JUDGE SAYS TO
FLYNN AND HIS LAWYERS, "ARE YOU
SURE YOU REALLY WANT ME TO
SENTENCE YOU TODAY?
ARE YOU SURE YOU DON’T WANT TO
RETHINK THAT"?
RETHINK THAT"? ON THE BASIS OF WHAT I’VE GOT IN
FRONT OF ME, YOU WANT ME TO
SENTENCE YOU TODAY?
ARE YOU SURE?
SIX TIMES.
SIX TIMES. THE JUDGE EVEN TELLS FLYNN AT
ONE POINT, HEY, LOOK, I’VE SET
UP A PRIVATE ROOM FOR YOU THE
TALK TO YOUR LAWYERS TODAY ABOUT
WHETHER YOU REALLY, REALLY TRULY
WANT ME TO SENTENCE YOU TODAY.
AND FLYNN AND HIS LAWYERS, ONE
TIMES, TWO TIMES, THREE TIMES,
FOUR TIMES, FIVE TIMES SAY NOPE,
JUDGE, WE’RE GOOD.
LET’S GO AHEAD.
UNTIL AFTER THE PART WHERE THE
JUDGE SAYS TO FLYNN THAT HE’S
DISGUSTED WITH AND HAS DISDAIN
FOR FLYNN’S OFFENSE, AND HE
TELLS FLYNN HOW HE SOLD OUT HIS
COUNTRY.
COUNTRY. AND HOW HE HAS UNDERMINED THIS
FLAG OVER HERE, AND HE TURNS AND
POINTS.
POINTS. AND AT THAT POINT, YEAH, FLYNN
DECIDES, OKAY, ACTUALLY, SIR, I
KNOW I SAID NO FIVE TIMES, BUT
I’M GOING TAKE YOU UP ON THAT
OFFER TO MAYBE NOT GO AHEAD WITH
YOU SENTENCING ME TODAY.
SO MICHAEL FLYNN IN THE END
DOESN’T GET SENTENCED TODAY.
FLYNN’S LAWYER FINALLY SAYS,
QUOTE, WE WOULD LIKE TO REQUEST
A CONTINUANCE OF SENTENCING,
YOUR HONOR.
YOUR HONOR. AND SO FLYNN’S COOPERATION WITH
THE GOVERNMENT WILL CONTINUE AND
HIS CASE, THE SENTENCING IN HIS
CASE WILL BE CONTINUED FOR
ANOTHER FEW MONTHS.
HE’LL BE BACK PRESUMABLY SOME
TIME IN MARCH TO GO BEFORE THIS
JUDGE AGAIN AND TALK IT OVER
AGAIN, MAYBE UNDER CIRCUMSTANCES
THAT WOULDN’T MAKE THE JUDGE
EXPLODE IN FRONT OF AN OPEN
COURTROOM ABOUT HOW HE FEELS
ABOUT MIKE FLYNN’S BEHAVIOR.
NOW THE LEGAL RATIONALE FROM THE
JUDGE TODAY FOR NOT SENTENCING
MIKE FLYNN TODAY, IT’S A LEGAL
RATIONALE BASICALLY FROM THE
JUDGE IN WHICH HE PERSUADED
FLYNN AND HIS LAWYERS TO GO
ALONG WITH, THAT WAS THE IDEA
THAT MAYBE THERE IS A LITTLE
MORE THAT FLYNN COULD DO TO HELP
OUT THE PROSECUTION HERE.
REMEMBER, MUELLER’S OFFICE, THE
SPECIAL COUNSEL’S OFFICE
RECOMMENDED NO JAIL TIME FOR
FLYNN, NOT BECAUSE THEY DIDN’T
SAY HE COMMITTED SERIOUS
OFFENSES.
OFFENSES. THEY ASSERTED TO THE COURT THAT
IN FACT MIKE FLYNN COMMITTED
SERIOUS CRIMES, BUT THEY SAID
THAT IS OUTWEIGHED BY WHAT A
GREAT COOPERATOR HE HAS BEEN,
HELPING THEM WITH ALL THESE
OTHER CASES.
OTHER CASES. AND THE JUDGE TODAY WAS YOU KNOW
HOWEVER GOOD HE’S BEEN AS A
COOPERATOR, YOU’RE GOING TO NEED
TO ADD SOME MORE COOPERATION TO
THAT SIDE OF THE SCALE TO
BALANCE OUT HIS CRIMES, BECAUSE
HIS CLIMBS TO MY MIND ARE
UNBELIEVABLY BAD.
UNBELIEVABLY BAD. SO HE’S DEFINITELY SHOCKING MIKE
FLYNN AND HIS DEFENSE LAWYERS
TODAY.
TODAY. HE ALSO SEEMS TO SORT OF BE
SHOCKING THE PROSECUTORS.
AND HERE’S WHERE WE GOT SOME OF
THE NEWS THAT WAS MADE TODAY,
MADE IN OPEN COURT.
SO THIS IS THE JUDGE ASKING THE
PROSECUTORS ABOUT WHETHER
THEY’RE ABSOLUTELY SURE THAT
THERE IS NO MORE COOPERATION
THEY MIGHT BE ABLE TO SQUEEZE
OUT OF MIKE FLYNN.
THE JUDGE SAYS, NOW I’D LIKE TO
HEAR FROM THE GOVERNMENT FIRST,
WHICH MEANS THE PROSECUTION.
WOULD YOU COME FORWARD, COUNSEL,
TO THE MICROPHONE?
THE JUDGE SAYS AGAIN, I’M NOT
INTENTIONALLY TRYING TO INTRUDE
ON MATTERS THAT SHOULD NOT BE ON
THE PUBLIC RECORD.
SO I’LL RESPECT YOUR RESISTANCE
TO ANSWER A QUESTION, ALL RIGHT?
BUT IS MR. FLYNN STILL
COOPERATING WITH AND PROVIDING
ASSISTANCE TO THE GOVERNMENT?
PROSECUTOR BRANDON VAN GRACK.
YOUR HONOR, IT REMAINS A
POSSIBILITY THAT GENERAL FLYNN
IS CONTINUING TO COOPERATE WITH
THE GOVERNMENT AT THIS TIME.
THE JUDGE SAYS ALL RIGHT, IT’S A
POSSIBILITY?
POSSIBILITY? MR. VAN GRACK, YES, YOUR HONOR.
THE JUDGE, MORE OFTEN THAN NOT
THE COURT WILL WAIT UNTIL THIS
PERPETRATOR HAS FINISHED.
THIS PERSON HAS TESTIFIED IN THE
GRAND JURY OR PLEAS ENTERED.
THERE IS NOTHING ELSE HE CAN DO
TO HELP US.
BUT IN THIS CASE THERE IS STILL
A LIKELIHOOD THAT HE COULD HELP,
CORRECT?
CORRECT? THE PROSECUTOR THEN SAYS, YES,
BUT, QUOTE, THE DEFENDANT HAS
PROVIDED THE VAST MAJORITY OF
CONSIDERATION THAT COULD BE
CONSIDERED.
CONSIDERED. SO THIS IS THE JUDGE BEING LIKE
TELL ME HE’S NOT AT THE END OF
COOPERATING.
COOPERATING. TELL ME HE’S GOT SOMETHING ELSE
HE CAN TELL YOU.
HE’S GOT SOMETHING ELSE HE CAN
GIVE YOU.
GIVE YOU. BECAUSE THE COOPERATION HE’S
GIVEN YOU THUS FAR IS WHAT I’M
SUPPOSED TO BALANCE AGAINST WHAT
I CAN SEE ABOUT HIS BAD
BEHAVIOR.
BEHAVIOR. IF HE IS NOT DONE, YOU MIGHT
WANT TO WAIT TO HAVE HIM
SENTENCED UNTIL AFTER HE’S
TOTALLY DONE, BECAUSE HE’S GOING
TO NEED EVERY IOTA OF HIS
COOPERATION TO BALANCE OUT HOW I
VIEW HIS CRIMES.
AT THIS POINT, WE GET SOME NEWS,
BECAUSE THE PROSECUTORS FROM
MUELLER’S OFFICE, THEY BRING UP
TO THE JUDGE UNPROMPTED THE CASE
THAT WE LEARNED ABOUT YESTERDAY,
AND WE HAD WONDERED IF THIS WAS
GOING TO COME UP IN FLYNN’S
SENTENCING TODAY.
SENTENCING TODAY. THIS IS THE CASE JUST UNSEALED
YESTERDAY WHERE FLYNN’S
LONG-TIME BUSINESS PARTNER WAS
CHARGED WITH MULTIPLE FELONIES.
THIS IS SOMEBODY WHO WAS ALSO A
TRUMP TRANSITION OFFICIAL.
HE WAS THE VICE-CHAIRMAN OF
FLYNN’S INTELLIGENCE GROUP, AND
HELP WAS CHARGED YESTERDAY WITH
BEING PART OF A SCHEME ALONG
WITH MIKE FLYNN, PERSON A IN
THAT INDICTMENT, HE’S CHARGED
WITH BEING PART OF A SCHEME TO
BASICALLY OPERATE SECRETLY IN
THIS COUNTRY AS PAID FOREIGN
AGENTS OF THE GOVERNMENT OF
TURKEY WITHOUT EVER DISCLOSING
IT.
IT. SO PROSECUTORS FROM MUELLER’S
OFFICE BRING THAT UP TO THE
JUDGE TODAY AS IF THAT SHOULD
HELP FLYNN EVEN MORE.
LOOK, HE HELPED US GET THAT
INDICTMENT TOO.
INDICTMENT TOO. HE’S BEEN SUPER HELPFUL.
HE IS A GREAT COOPERATOR.
BUT THE JUDGE IMMEDIATELY
BOOMERANGS THAT BACK AT THEM BY
SAYING, BASICALLY, YEAH, I SEE
HOW HE HELPED YOU GET THAT
INDICTMENT FILED, BUT FLYNN
PARTICIPATED IN THE CRIME THAT
IS LAID OUT IN THAT INDICTMENT
TOO.
TOO. I MEAN, THE JUDGE SAYS LOOKING
AT THE EVIDENCE OF WHAT FLYNN
HIMSELF DID IN THAT ALLEGED
CRIME, YOU COULD HAVE CHARGED
HIM FOR THAT.
YOU COULD HAVE LOCKED HIM UP FOR
THAT TOO, RIGHT?
HERE’S HOW IT GOES.
PROSECUTOR BRANDON VAN GRACK,
QUOTE, WE’D LIKE TO BRING TO THE
COURT AYE’S ATTENTION THAT WE
JUST HAD AN INDICTMENT UNSEALED
CHARGES BIJAN KIAN AND EKIM
ALPTEKIN.
ALPTEKIN. IN OBTAINING THAT CHARGING
DOCUMENT.
DOCUMENT. THE JUDGE, ALL RIGHT.
COULD THE DEFENDANT HAVE BEEN
INDICTED IN THAT INDICTMENT?
COULD HE HAVE BEEN CHARGED IN
THAT INDICTMENT?
THAT INDICTMENT? PROSECUTOR, BRANDON VAN GRACK,
AND, YOUR HONOR, THE ANSWER IS
YES.
YES. THE JUDGE SAYS YOUR ANSWER IS HE
COULD HAVE BEEN CHARGED IN THAT
INDICTMENT?
INDICTMENT? MR. VAN GRACK, YES, YOUR HONOR.
THEY THEN TALK ABOUT HOW MANY
YEARS IN PRISON MIKE FLYNN COULD
HAVE RECEIVED JUST FOR THAT
CRIME IF HE HAD BEEN CHARGED AND
CONVICTED IN THAT CASE THAT WAS
UNSEALED YESTERDAY IN VIRGINIA.
THE JUDGE CONCLUDES THAT
DISCUSSION BY SAYING, QUOTE, THE
EXPOSURE FOR FLYNN WOULD HAVE
BEEN GRAVE THEN.
EXPOSURE TO MR. FLYNN WOULD HAVE
BEEN SIGNIFICANT HAD HE BEEN
INDICTED, MEANING HE COULD HAVE
POTENTIALLY RECEIVED MANY YEARS
IN PRISON.
IN PRISON. MR. VAN GRACK, THE PROSECUTOR,
SAYS YES, YOUR HONOR.
SO THAT IS A REMARKABLE MOMENT.
THAT’S THE PROSECUTORS TRYING TO
HELP FLYNN OUT HERE.
THEY’RE PROSECUTING FLYNN, BUT
THEY’RE TRYING TO HELP HIM OUT.
THEY’RE TELLING THE JUDGE, HEY,
HE HELPED US OUT IN THIS OTHER
CASE.
CASE. A AND THE JUDGE IN RESPONSE
MAKES THE PROSECUTORS SPELL OUT
HOW GUILTY FLYNN MIGHT HAVE BEEN
IN THAT FELONY CRIMINAL CASE
TOO.
TOO. SO THINGS ARE NOT GOING WELL FOR
MICHAEL FLYNN HERE.
YOU SHOULD ALSO KNOW THAT THE
EFFORT BY FLYNN AND HIS LAWYERS
OVER RECENT DAYS TO ARGUE
HEADING INTO TODAY’S SENTENCING
THAT FLYNN WAS KIND OF THE
VICTIM HERE, THAT HE DIDN’T
REALLY MEAN TO LIE TO THE FBI.
THE FBI SOMEHOW TRICKED HIM OR
UNFAIRLY BOXED HIM IN TO LYING
INADVERTENTLY, THEY TRIED THAT A
LITTLE BIT IN THE DOCUMENT THAT
THEY SUBMITTED TO THE JUDGE
ABOUT FLYNN’S SENTENCING IN
ADVANCE OF TODAY’S HEARING.
THAT ARGUMENT REALLY DID NOT GO
WELL TODAY.
WELL TODAY. AND THAT’S IMPORTANT EVEN BEYOND
JUST THE FATE OF MIKE FLYNN,
BECAUSE THIS HAS BECOME A REAL
CAUSE CELEBRE, PARTICULARLY IN
CONSERVATIVE MEDIA.
CONSERVATIVE MEDIA. IT WAS EVEN TRUMPETED TODAY FROM
THE WHITE HOUSE BY WHITE HOUSE
SPOKESWOMAN SARAH SANDERS WHO
REPEATED THOSE CLAIMS,
ESSENTIALLY, ABOUT FLYNN IN HER
WORDS BEING AMBUSHED BY THE FBI,
AS IF FLYNN DIDN’T REALLY LIE,
OR IF HE DID, IT WASN’T HIS
FAULT.
FAULT. IT SHOULD BE NOTED THE JUDGE IN
FLYNN’S CASE JUST DESTROYED THAT
ARGUMENT TODAY.
ARGUMENT TODAY. HE FORCED FLYNN AND FLYNN’S
LAWYERS TO DISAVOW ANY CLAIM TO
THAT ARGUMENT AND ULTIMATELY
FLYNN’S LAWYER EVEN APOLOGIZED
TO THE JUDGE FOR RAISING IT AT
ALL.
ALL. THE JUDGE, QUOTE, DO YOU BELIEVE
THE FBI HAD A LEGAL OBLIGATION
TO WARN MR. FLYNN THAT LYING TO
THE FBI WAS A FEDERAL CRIME?
MR. KELLNER, THE DEFENSE LAWYER,
NO, YOUR HONOR.
WAS IT YOUR CONTENTION THAT MR.
FLYNN WAS ENTRAPPED BY THE FBI?
KELLNER, THE DEFENSE LAWYER, NO,
YOUR HONOR.
YOUR HONOR. DO YOU BELIEVE HIS RIGHTS WERE
VIOLATED BY THE FACT HE DIDN’T
HAVE A LAWYER PRESENT FOR THE
INTERVIEW?
INTERVIEW? NO, YOUR HONOR.
DO YOU BELIEVE HIS RIGHTS WERE
VIOLATED BY THE FACT HE MAY HAVE
BEEN DISSUADED BY NOT HAVING A
LAWYER PRESENT FOR THE
INTERVIEW?
INTERVIEW? NO, YOUR HONOR.
THE STATEMENT SENTENCING SAYS
THAT REVELATIONS OF CERTAIN FBI
OFFICIALS INVOLVED IN THE
INTERVIEW WERE THEMSELVES BEING
INTERVIEWED FOR MISCONDUCT.
IT YOUR CONTENTION THAT ANY
MISCONDUCT BY ANY MEMBER OF THE
FBI RAISES ANY DEGREE OF DOUBT
THAT MR. FLYNN INTENTIONALLY
LIED TO THE FBI?
KELNER, THE DEFENSE TERN, NO,
YOUR HONOR.
YOUR HONOR. THE REFERENCES THAT I MENTION
THAT APPEAR IN YOUR SENTENCING
MEMORANDUM RAISE SOME CONCERNS
ON THE PART OF THE COURT.
AND MY QUESTION IS HOW IS
RAISING THOSE CONTENTIONS ABOUT
THE CIRCUMSTANCES UNDER WHICH
MR. FLYNN LIED CONSISTENT WITH
HIS ACCEPTANCE OF
RESPONSIBILITY?
RESPONSIBILITY? LATER ON IN THE PROCEEDINGS,
THIS IS WHERE FLYNN’S LAWYER
ESSENTIALLY DECIDE TO TAKE
RESPONSIBILITY FOR THAT HIMSELF
AND BASICALLY APOLOGIZE TO THE
COURT FOR HAVING RAISED IT.
THE JUDGE SAYS, QUOTE, LET --
EXCUSE ME.
EXCUSE ME. THE DEFENSE LAWYER SAYS THE
JUDGE, LET ME MAKE VERY CLEAR,
YOUR HONOR, THAT THE DECISIONS
HOW TO FRAME GENERAL FLYNN’S
SENTENCING MEMORANDUM MADE BY
COUNSEL, MADE BY ME, MADE BY MR.
ANTHONY, THE OTHER DEFENSE
COUNSEL, THOSE DECISIONS ARE
ENTIRELY OURS AND REALLY SHOULD
NOT AND DO NOT DIMINISH IN ANY
WAY GENERAL FLYNN’S ACCEPTANCE
OF RESPONSIBILITY IN THIS CASE.
AND THE JUDGE THEN SORT OF
INTERRUPTS AND SAYS THE POINT IS
WELL TAKEN, BUT YOU UNDERSTAND
WHY I HAD TO MAKE THE INQUIRY?
THE DEFENSE ATTORNEY SAYS I DO.
THE JUDGE, BECAUSE I’M THINKING
THIS SOUNDS LIKE A BACKPEDALING
ON THE ACCEPTANCE OF
RESPONSIBILITY.
RESPONSIBILITY. SO THAT DID NOT WORK.
MIKE FLYNN AND HIS ATTORNEYS
TODAY DISAVOW AND ESSENTIALLY
APOLOGIZE, FOR EVER SUGGESTING
TO THE JUDGE THAT FLYNN WASN’T
REALLY GUILTY, THAT THE FBI WAS
SOMEHOW THE REAL CULPRIT HERE.
I MEAN, THAT ALONE CANCELS LIKE
HALF THE SHOWS ON FOX NEWS
TONIGHT.
TONIGHT. ALL RIGHT.
ALL RIGHT. WHAT ARE YOU GOING TO TALK
ABOUT?
ABOUT? BUT THERE’S ALSO THE PART WHERE
EVERYBODY STARTS TALKING ABOUT
MIKE FLYNN AND TREASON, AND THEY
CAN’T STOP SAYING THE WORD
"TREASON" OVER AND OVER AGAIN.
THAT’S NEXT, AND THERE’S
ACTUALLY SOME NEWS THERE THAT