Judge Postpones Flynn Sentencing . . . Again

The Justice Department has secured yet another postponement of sentencing for former national security adviser Michael Flynn. Even though the Justice Department recently dropped its demand for jail time, it appears to be continuing its scorched Earth campaign against Flynn. It is demanding that Flynn waive attorney-client privilege with his prior law firm to allow them to explore his claims of ineffective counsel. Given the dropping of a demand for jail time, the requested additional delay seems gratuitous and retaliatory. Nevertheless, Judge Emmet Sullivan granted the indefinite postponement.

The Flynn case remains a troubling matter for those who have followed the Russian investigation. He pleaded guilty to a false statement that seems relatively minor in comparison to false statements made by Justice officials like Andrew McCabe or leaks by figures like James Comey. Some of us have questioned the case for years. Prosecutors threatened to go after Flynn’s son and to bankrupt him if he continuing to assert his innocence. 

Flynn broke with his prior lawyers and accused them of giving him poor advice. He now maintains that he did not lie to two FBI agents in 2017. His recent filings slam the process and the charges. He wrote “One of the ways a person becomes a 3-star general is by being a good soldier, taking orders, being part of a team, and trusting the people who provide information and support. Lori and I trusted Mr. Kelner and Mr. Anthony to guide us through the most stressful experience in our lives, in a completely incomprehensible situation. I have never felt more powerless.”

The extreme demands and delays in the case is at odds with the light sentences received by individuals sentenced as part of the Russian investigation. He was also the subject of a bizarre hearing with Judge Emmet Sullivan where he was accused of things outside of his charges or the record.

Flynn was ready to be sentenced but, because he raised ineffective counsel, the Justice Department wants to speak with his former counsel at Covington & Burling:

“The government requests that the Court suspend the current briefing schedule concerning the defendant’s [motion] until such time as the government has been able to confer with Covington regarding the information it seeks . . . While Covington has indicated a willingness to comply with this request, it has understandably declined to do so in the absence of a Court order confirming the waiver of attorney-client privilege.”

Judge Sullivan has already rejected Flynn’s claim that he was coerced into his plea agreement. Now Flynn is being left to twist in the wind after years of financially and emotionally draining litigation. It is hard to look that this case and not conclude that the Justice Department wants to hoist Flynn like a wretch for all to see. The message seems to be, if you try to rescind a plea agreement, you will be left to die from exposure of years of punishing trial and appellate practice.

66 thoughts on “Judge Postpones Flynn Sentencing . . . Again”

  1. This is weird. Sullivan was much more straightforward when he was confronted with DOJ and FBI malfeasance in the unlawful prosecution of U.S. Senator Ted Stevens. It is illegal for a prosecutor to withhold exculpatory evidence. Sullivan blasted the FBI and DOJ in the Stevens episode and the case collapsed. It is taking way too long in the Flynn case for Sullivan to force DOJ and FBI to come clean and face punishment.

  2. Flynn wasn’t the only one who said he didn’t lie. There were two FBI agents who said that also. Something is wrong here.

  3. Which means you are not a Constitutionalist for starters. So far the case against Flynn is composed of media buzz words from shoddy sources. What we know is two dirty cops went beyond the pale of authorized conduct and we still wait to find out when their trial begins.

  4. I have a suspicion Judge Sullivan is an underperforming patronage recipient as a matter of course.

    As for prosecutors, it’s a reasonable wager a great many of them are vain fools who are a danger to the public interest occupying the positions they do.

    1. We’re the fools, not the vain prosecutors or their paid-for judges…as long as they get away with it…as long as the judicial system remains broken and abused.

  5. When he is in prison the inmates will say that they “are in like Flynn”. Without a sentence you don’t go in. With a charge you can be at large.

  6. When Flynn asked if he needed a lawyer they told him he didn’t. The original 302s said that he didn’t lie. But don’t let any facts get in your way.

  7. If he would have just displayed a lack of candor he could have landed a book deal by now.

  8. 1) You don’t go to court for justice; you go to court for a decision.
    2) Judges avoid making decisions if they can; they want the litigants to agree so they don’t have to decide.
    3) Once having been forced into a decision judges are loath to reconsider.

  9. I wonder how many of you “Legal Geniuses” think you would escape a Long Term Prison Sentence if you were similarly charged with those Flynn plead guilty to?

    1. oh, guys like me are nobodies. FBI doesn’t care about us. And we’re smart enough to know that we need a lawyer before we go to an FBI interview. IF we’re the subject!

      The key question is, did they trick him into thinking he wasnt the subject?

      A lesson for all. Maybe they want you to think you’re just a witness, when you’re actually the target. Keep that in mind folks.

      If the FBI wants people to trust them, then they can stay away from political persecutions, for starters! Like harassing the entire Trump team. If those guys aren’t safe from selective prosecutions then nobody is.

      And this is the point that any lawyer can understand. In fact, nobody is.

    2. Greg:

      Well, I’m Italian by heritage and we’ve known since birth to never talk to the FBI. So not only would I escape, I’d never be charged.

      1. I don’t think I’ve seen Prof Turley or anyone else address this issue regarding all these cases against Trump aids/associates.

        The FBI & DOJ started investigating Trump & his circle of people illegally & using known false docs presented to the FISA court to get search warrants.

        At some point the FISA Court & it’s supervisor, CJ John Roberts had to know or should have known the info used for the warrants was false.

        My question is: How can any case stemming back from the FBI/DOJ 1st investigation not immediately be thrown out of court/reversed as all evidence stemmed from the fruit of the poisonous tree?

        But I guess we are now in a Post Constitutional nation that’s out of control.

  10. Prosecutors threatened to go after Flynn’s son and to bankrupt him if he continuing to assert his innocence.

    That is how it is being described by pro-Trump media;

    The way I understand it, Flynn and his son were lobbying on behalf of Turkey but were in violation of the law because they had not registered as foreign agents. That violation could have resulted in large fines or forfeitures of the enormous sum that Turkey had paid them (this is pretty much the same sort of thing Hunter Biden was doing). Flynn agreed to a plea deal where the violations of the Foreign Agents registration Act would be dropped and a plea of guilty to lying to the FBI would be entered.

    Now Flynn wants to take back his guilty plea but there does not seem to be any mention of the other charges that were dropped in exchange for his plea on the charge of misleading the FBI.

        1. Well maybe it’s past time for Trump to fire the pack of worry wart lawyers advising him & finish the job he asked to be done years back & dump all the “Exculpatory Evidence” so the public can see what’s being done to the US Citizens, Flynn, Stone, Manaport, etc….

          Trump had better starting with those that brought him or we might just Walk!!!

          Then what do you get?

          Let me guess you don’t have a clue.

          The Corona Virus may just be the game changer?

          One great thing about getting older is there every day there are far less hills to die for then the day before.

          1. Oops, typo:

            Trump had better starting dancing with those that brought him or we might just Walk!!!

          2. Well maybe it’s past time for Trump to fire the pack of worry wart lawyers advising him & finish the job he asked to be done years back & dump all the “Exculpatory Evidence” so the public can see what’s being done to the US Citizens, Flynn, Stone, Manaport, etc…
            Trump fired Flynn for he lying to the FBI so apparently
            Trump does not know about this “Exculpatory Evidence”

  11. A judge concerned about the public’s perception of justice puts an end to this farce of a prosecution. This one lets is roll on and on. Power ought to be reserved for the powerful and the good. No evidence of either here by Judge Sullivan.

    1. I’ve thought for a while now Trump should go ahead, pull the trigger & round up the traitors under his national security authority since the DOJ/FBI & the Federal Courts have broken.

      Enough of this Judicial Supremacy BS. It’s past time to excise his Executive Branch Supremacy or throw that Andrew Jackson portrait out of his office.

      When I 1st seen this Fylnn case again this morning & looking back on it I think it’s be a sorry affair when Fylnn, Stone, Manaport & others would stand a better chance at justice in the Ole USSR, Commie China or under the Nazi then around the Deep State Traitors running the courts in DC…..

      As the Courts/DOJ/FBI protect their fellow Tratiors, Bill/Hillary/Comey/McCabe, etc., etc…..

      I have no doubt Trump would have pardoned them already, but I guess he must senses it might be another of the many traps they’ve set for.

      Since AG Barr seems another do nothing & his latest AAG someday maybe I’ll doing something.

      How many days, tick tock Hannity?

      It’s been Over 4 Years now! Enough!

  12. For justice to work, it must be seen to work – openly and swiftly.

    Many of us reading this column don’t know what really happened, but we get the sense that this is an injustice.

    Both the prosecutors and the judge have blown it.

  13. What the public is aware of what’s “in the record” is quite different than what the judge knows; the one who suggested strongly he go back and cooperate further because if he was sentenced at that point it wouldn’t go well for him. He suggested Flynn’s behavior was comparable to treason. Mr. “Lock her up,” should be practicing not dropping the soap.

    1. enigma:

      How much of your comment is legal analysis and how much is your TDS speaking?

        1. Yeah that was one crazy-ass hearing conducted by a crazy-ass Judge. More preacher than jurist and totally indifferent to the fact that the guy who took a death risk for his country wasn’t wearing a black robe.

            1. He’s seen and still sounds crazy. He needs to put up or shut up lest he be deemed a shill for the government. He does not get to play “I have a secret.” It’s a courtroom and it’s supposed to be transparent.

              1. He’s supposed to publcly reveal classified information? If he did, you’d have his head on a pike for that.

                Believe me, I’d love for the judge to let us know exactly what Flynn has done. I understand why he hasn’t (yet) but am happy he hasn’t seen his role as that of a potted plant. Turley’s position that there’s “nothing in the record” is patently untrue. There’s nothing in the public record but confidential information does exist in the record and the judge is fully aware of it.

            2. Maybe is not admissable in court along with alledged, purportedly and reportedly.It is however a step below the other three which are defined as meaning ‘unproven’ and goes into the realm of pie in the sky conjecture. Not the Judge has other information an unproven conjecture but it’s quite possibe the judge may have other information. One of those bits of information might be the investigation against the dirty cops and who they were rreallly woriing for.. A distinct possibility but still unproven.

              Sum it up Flynn some two weeks away from taking office was preparing for his new role by setting up back channel systems to gain information a VERY common practice in the lives of people who are out on the pointy end of the stick while others aka REMFs duck and weave, bob and twist and in the end forget their oath of office entirely. That is not conjecture and it is not ‘maybe.’

              1. You seem to be ignoring he was on Turkey’s payroll, trying to see nuclear reactors to the Saudi’s, and end Russian sanctions. The judge knows what we aren’t yet allowed to. You can’t dismiss that without knowing what he does.

          1. Very typical of many of you, refuse to acknowledge any information if you don’t like the source. A simple Google search will get you to the same information, in some cases quotes, from someone that doesn’t offend you. You choose to deny it’s existence because you might have to change your view.

            1. And you refuse to acknowledge the ‘disinformation’ that comes across the media ‘airwaves’. The media is in the tank for Democrats in case you haven’t noticed.

              Case in point, did you hear about the attempted murder of Trump volunteers when a guy hit the gas and rammed his van into a voter registration tent in Florida? Probably not. Because it was a Republican voter registration tent, so the MSM talking heads had nothing to say about it. No, they only talk about the ‘dangerous rhetoric’ coming from Trump and Fox News. So you truly do not know what is really going on. You hear only biased reporting.

            2. The point is that having to do a “Google search” to find the existence of reporting on certain stories is very different from having it relentlessly blasted all over the main stream media airwaves and talking heads panel discussions. And the MSM, by and large, reports in a biased-toward-Democrats fashion.

              1. It would serve you well to research for yourself anything you hear. Get some nuance or hear the other side. On the other hand, constant reporting that Trump lies about everything might be related to the fact he lies about everything. Now he’s the gret defender of coverage for pre-existing conditions? He said it in the State of the Union, Is there one fact to back that up? There are plenty including his court filings that says different.

    2. “What the public is aware of what’s “in the record” is quite different than what the judge knows”

      The utter lack of regard that opening preface shows for Constitutional due process, hell due process concepts back to the Magna Carta, is horrifying.

      I don’t know about someone like Manafort. He seems to be guilty of actual crimes, even if he was only prosecuted because the Trump campaign took him on for a month or so as a hired gun to deal with a possible contested convention (Manafort was one of the only politicos with direct experience). So Manafort is behind bars for the type of crimes (I’m pretty sure) just about ANY DC political hack of either party could be hit for, but he DOES seem to be guilty under the law nonetheless (even if those crimes are totally unrealted to his dealings with Trump, or the original mandate of the Mueller probe).

      Flynn, on the other hand, is a poster boy for what Presidential Pardons are supposed to be about. For political reasons, I’m guessing it happens after the Nov. election.

  14. The nice folks over at Covington would be pleased to confer with their colleagues over at the DOJ. But their former client stands in the way of truth and justice, so they need a little air cover from their friends over at the Court. And a dollar says that Covington’s retainer agreement would make Flynn pay their fees.

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