Federal prosecutors filed a 32-page supplemental sentencing memorandum yesterday seeking up to six months in prison time for former Trump National Security Advisor Michael Flynn. I have embedded a copy of the memo below. The memo retracts the government’s request for leniency in sentencing Flynn a year ago.
General Flynn pleaded guilty to one count of false statements to the FBI in 2017 to lying to investigators and then cooperated with the Mueller miasma. He then had a change of heart and retained new counsel seeking dismissal of the case against him on the ground of government misconduct.
In its memo the government cites “the serious nature of the defendant’s offense, his apparent failure to accept responsibility, his failure to complete his cooperation in—and his affirmative efforts to undermine—the prosecution” of Flynn former business associate Bijan Rafiekian. As events played out, prosecutors did not call Flynn to testify against Rafiekian at trial.
Before Flynn’s change of heart, the Mueller crew had vouched for Flynn’s “substantial assistance” and recommended that Judge Emmet Sullivan impose no prison time on Flynn. As the Wall Street Journal notes, in December 2018 Mueller’s crew asked Judge Sullivan to recognize Flynn’s “substantial assistance” and credit his acceptance of responsibility. In the supplemental sentencing memorandum, however, prosecutors said the government “now withdraws both requests.” Judge Sullivan deferred sentencing at the initial sentencing hearing in December 2018 and subsequently denied Flynn’s motion to dismiss the case in an intemperate opinion last month. We commented on Judge Sullivan’s ruling here and here.
The government now asserts: “In light of the complete record, including actions subsequent to December 18, 2018, that negate the benefits of much of the defendant’s earlier cooperation, the government no longer deems the defendant’s assistance ‘substantial.’” The Journal also quotes this statement from the memo: “The government is not aware of any case where such a high-ranking official failed to accept responsibility for his conduct, continued to lie to the government, and took steps to impair a criminal prosecution.”
Flynn’s sentencing memo is due on January 22 ahead of the sentencing hearing scheduled on January 28. We will continue to follow the case to conclusion.