Special Counsel Robert Mueller on Tuesday released a sentencing memorandum for former national security adviser Michael Flynn, asking a federal court for no prison for Flynn, citing his ‘substantial assistance in the investigation into Russian interference and possible collusion between the Trump campaign and Moscow.
In the heavily redacted sentencing memo, Mueller said it would be “appropriate” for the judge to impose a sentence for Flynn that does not include prison time. Federal sentencing guidelines called for Flynn to be sentenced to between zero and six months in prison and face up to a $9,500 fine.
“The offense level and guideline range, however, do not account for a downward departure pursuant to Section 5K1.1 of the United States Sentencing Guidelines reflecting the defendants substantial assistance to the government, which the government has moved for contemporaneously,” Mueller’s prosecutors wrote in a filing on Monday.
Flynn, a retired three-star Army general, went on to serve a brief stint as national security adviser for the Trump administration but was forced to resign on Feb. 13, 2017, following revelations that he discussed sanctions with then-Russian Ambassador Sergey Kislyak and that the Justice Department had warned the White House that he was vulnerable to blackmail by Russia.
Flynn is widely viewed as a key witness for Mueller as the special counsel looks to probe whether there was collusion between the campaign and Moscow. Mueller is also examining whether Trump obstructed justice.
Flynn is one of several Trump associates who have pleaded guilty and agreed to cooperate in Mueller’s investigation. Mueller has most recently secured cooperation from Michael Cohen, the president’s personal attorney who has admitted to lying to Congress about proposed plans to build a Trump Moscow property in order to minimize Trump’s links to the project.
Mueller also convinced former Trump campaign chairman Paul Manafort to cooperate in September, though his plea deal collapsed dramatically last week as Mueller’s prosecutors accused Manafort of repeatedly lying to the special counsel’s office and other FBI investigators.
Mueller is poised to make what could be significant filings in the cases involving both Cohen and Manafort later this week.
The sentencing memo filed by Mueller’s team of prosecutors on Tuesday came roughly a year after Flynn agreed to plead guilty and cooperate, which represented a bombshell development in the special counsel’s Russia investigation that brought him closer to the Trump White House.
The recommendation is problematic for Trump. It signals that Flynn gave up everything.
Read the entire memo below.
Mueller memo on Flynn sente… by on Scribd