December 18, 2018
WHAT HAPPENS WHEN YOU BELIEVE THE BUBBLE:
Note to Michael Flynn: Federal Court Is Not Twitter (Ken White, 12/18/18, The Atlantic)
Nobody wants to be charged with a federal crime, but if you must, you want the deal Flynn got. He was the first to cooperate in the Special Counsel investigation in December 2017, and got the first cooperator's prize: a plea to a single count of lying to the FBI, an offense usually resulting in a sentence of probation. He worked hard to earn the trust and even respect of the Special Counsel's Office, submitting to 19 interviews that were "particularly valuable" because he was the first in the door, and likely inducing others to plead guilty through his cooperation. Mueller's team recommended that he get probation, a permissible sentence under the applicable United States Sentencing Guidelines. The prosecutor recommended the same. Every defendant's ideal sentence was his to lose.And he lost it. He now has until March to win it back.Flynn and his lawyers faced the same problem that has bedeviled Trump and Michael Cohen and Michael Avenatti and Paul Manafort and several other figures in this circus we call life after 2016: a muscular public relations strategy is often a terrible litigation strategy. Time and again, these players have heard their public statements quoted back at them in court to undermine their legal positions. But Flynn's error was even more grievous - he incorporated media spin into a sentencing brief.Flynn's lawyers argued in his brief that the FBI wronged him: wronged him by discouraging him from having an attorney present during his interview, by failing to warn him that false statements during the interview would be a crime, and by not telling him that his answers were inconsistent with their evidence so that he could correct himself. The Flynn-as-Deep-State-victim narrative was pleasing to Trump partisans and Mueller foes, but suicidally provocative to a federal judge at sentencing.
Posted by Orrin Judd at December 18, 2018 8:25 PM