U.S. District Judge Emmet G. Sullivan has delayed sentencing for former National Security Adviser Michael Flynn until his ongoing cooperation with federal authorities is complete.
During a dramatic hearing today, Sullivan asked Flynn if he wanted to delay the sentencing process so that his full cooperation with investigators could be considered. The judge told Flynn, “I cannot assure you that if you proceed today [with the sentencing], you will not receive a sentence of incarceration.”
Robert Kelner, one of Flynn’s attorneys told the judge, “There’s that additional modicum of cooperation that he expects to provide in the [Eastern District of Virginia.] For that reason, we are prepared to take your honor up on the suggestion to delaying sentencing.”
Sullivan also repeatedly asked Flynn if he wanted to withdraw his guilty plea for lying to the FBI during a January 2017 interview. Flynn stated he did not wish to withdraw his plea.
That Judge Sullivan asked Flynn if he wanted to withdraw his plea means Judge was at least open to the idea of gov. misconduct. But once Flynn said no, Sullivan really had nowhere to go. Flynn's decision to stick w/ this deal is still separate from question of gov actions.
— Kimberley Strassel (@KimStrassel) December 18, 2018
After initially issuing what was described as “scathing” questions about whether or not Flynn committed treason, Sullivan later clarified his remarks, saying he wasn’t suggesting the Lieutenant General’s actions were treasonous but that he was “just curious.”
Mueller’s prosecutors said, “After looking at the definition of treason, we have no reason to believe he committed treason.”
So in open court Judge Sullivan raised question of whether LTG Michael Flynn committed treason, sold out the United States, and served as an unregistered foreign agent in White House. All terribly damaging, all false. Can Flynn receive fair treatment from Sullivan in future?
— Byron York (@ByronYork) December 18, 2018
Special Counsel backs away from Logan Act pretext and "treason" under questioning by Judge Sullivan. https://t.co/mcIDPDZGV5
— Tom Fitton (@TomFitton) December 18, 2018
Sullivan set a status hearing for March 13, 2019.
