. . . arguably you sold your country out Judge Emmet Sullivan
E LaMont Gregory MSc Oxon
... As Flynn and his lawyers came to the realization that as things stood at the beginning of the sentencing hearing, the courts were poised to throw the veritable legal book at Flynn, and therefore, Flynn has accepted an eleventh-hour delay in sentencing.
Thus, providing an opportunity for Flynn to rethink his latest anti-Mueller publicity campaign that appears to have been orchestrated by the White House, Fox News and the same Russian trolls that meddled in the 2016 presidential campaign and election as well as the 2018 midterm elections.
Mueller's sentencing report, the one that suggested that Flynn should not be subjected to a custodial sentence, accomplished precisely what the special prosecutor anticipated.
That is, that Flynn would revert to his arrogant 'I am above the law' attitude and begin making pronouncements, with the aid of ongoing Russian social media anti-Mueller campaigners, the White House, and Fox News. And like Manafort before him, Flynn would continue his participation in the Trump orchestrated obstruction of the special prosecutor's investigation.
However, at the eleventh hour, only when he had actually arrived in court for sentencing did Flynn realize that Mueller's strategy had revealed exactly what it has, and that is, that Flynn is living with the hope that a Trump pardon will be forthcoming and he can continue to obstruct the special prosecutor's investigation of his role in accepting campaign assistance from the Putin regime, in contravention to US campaign laws, amongst his other equally weighty crimes.
Mueller executed a simple, yet brilliant plan. And, it worked to awe-inspiring perfection.
Flynn and his legal representatives big mistake was to believe that Mueller's sentencing report would sway the courts, and as a result, Flynn would walk free.
Remember that Flynn's legal representatives told Judge Sullivan that the phrases in their statement to the court that suggested that the FBI questioning of Flynn had been unfair, in fact, bordering on a perjury trap, were not to be attributed to Flynn, but to his legal representatives.
Fortune must have smiled upon them when Judge Sullivan did not question this truly absurd suggestion further.
Flynn, was prepared to leave the courtroom, a free man, save a commitment to a few hundred hours of community service, and with his statements of the unfairness of the FBI in court-accepted documents. Flynn would become the darling of Fox News's anti Mueller campaign.
Prior to the sentencing hearing, Trump released a triumphant tweet praising Flynn and denouncing Mueller, and Hannity had prepared a broadcast featuring an exonerated (in the mind of Fox News) Flynn denouncing Mueller and the 'nothing to see here' investigation into Russian meddling in the 2016 election.
But things did not go that way.
Two reports prepared for the Senate Intelligence Committee and released Monday that examined the Russian troll farm, the Internet Research Agency, concluded that the Russian operatives sought to sow discord among US voters leading up to the midterm elections. And since the elections, have launched a full-scale attack on Mueller personally, and the investigation into Russian support for the Trump candidacy in the 2016 election, in general
Particularly worrisome for Hannity (Fox News) is the finding in the reports that there is an ... let me choose my words carefully ... there is an exactitude between the headlines that the Russian trolls used on social media and headlines used on Fox News, with the Fox News headlines following the trolls headlines in a consistent pattern, which mathematically (p values) leaves no doubt that the Russian and the Fox News campaigns are coordinated and in sync, that is, they in agreement.
The question to be answered by congressional investigators is, are the two campaigns the result of an agreement between the Russian troll farm, the Internet Research Agency and Fox News?
There is much more in the Senate Intelligence Committee's reports that is worthy of extremely careful scrutiny.
One thing is for certain, however, Flynn will not be the star of Hannity's planned anti-Mueller broadcast extravaganza.
Flynn's only option at this juncture is either to honor fully his cooperation agreement with an end date of March 2019, or face substantial time in a federal prison.
Flynn's next meeting with the Office of the Special Prosecutor will be a veritable sea change from any of Flynn's previous 19 encounters with Mueller's investigators.
The mistake those who go looking for trouble often make, is that from time to time they encounter those who are prepared for it, and the prepared, are more dangerous, infinitely.
Flynn’s lawyers as well as the prosecutors from special counsel Robert Mueller’s office were prepared to argue in US District Court that Flynn receive either no jail time at all, due to his guilty plea and his alleged extensive cooperation, or Flynn would receive a sentence that reflects the lower end of the sentencing guidelines.
However, Flynn attempted to, as Judge Sullivan described, backpedal on his admission of guilt by his written statement that the FBI had not acted lawfully and with integrity. And, Flynn sought to have those two statements enshrined in his court-accepted sentencing statement document.
But the court would not permit Flynn to do so.
Judge Emmett Sullivan pointed out that Flynn's publicity campaign statements were not in line with his guilty plea and cooperation agreement.
The reader should consider that Flynn, who like Trump, both face a myriad of legal charges to which they have no rational legal defense, so they have decided to fight the charges, not in a court of law, but in the court of public opinion. Both try to mask the crimes they have committed by alleging that envious political forces are out to get them. Jim Jordan made a similar claim in relation to his impending day in the witness box.
But its like the mystery of the hound in that wonderful story by Sir Arthur Conan Doyle.
What was so unusual about the curious incident of the hound in the night-time?
The solution was that the hound did not bark.
Though not verbalized in court, one has to wonder, why 19 separate interviews with Flynn were necessary?
Either Flynn had so much information on so many subjects that the information could not be digested and fact checked in fewer sessions, or, and more likely, Flynn was holding out, still dreaming of a Trump pardon.
As things stand now, Flynn will carry that dream to federal prison with him.
Trump and Hannity planned a joyous reunion with Flynn, freed from the burdens of crime and punishment, but that dream was thrown into disarray during a sentencing hearing at which presiding Judge Emmett Sullivan pressed the defense hard on its recent suggestions that the case against Flynn, who Judge Sullivan remarked, 'arguably ... sold (his) country out', was unfair.
Judge Sullivan said that Flynn's written statement looked liked 'backpedaling' from his guilty plea.
And now Flynn finds himself one step closer to incarceration.
The separation of powers works, and the rule of law triumphs.