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M ichael Flynn has been waiting for more than a year to be sentenced. The retired three-star army general, who spent 24 days as Trump White House national security advisor, pleaded guilty on December 1, 2017 to having lied to the FBI as part of the Trump-Russia investigation. He agreed to cooperate with the special advocate Robert Mueller.
The conviction of Flynn, which has been repeatedly delayed for reasons that have never been disclosed, should finally take place on December 18th. Tuesday late, Mueller filed what is called a sentencing report. Citing Flynn's "substantial assistance" as part of the investigation, Mueller recommended "a sentence located in the lower end of the guidelines range, including a sentence that does not impose a penalty. period of incarceration ".
It is not surprising that Flynn can escape the prison. Until now, two personalities in the Trump-Russia case have been convicted for lying to investigators, the same offense as Flynn. Alex van der Zwaan, a basic player connected to Paul Manafort, was sentenced to 30 days in prison. George Papadopoulos, foreign policy advisor for the short-lived Trump campaign, was sentenced to 14 days – and this, after Mueller complained of Papadopoulos' lack of cooperation when he had allegedly participated in l & # 39; investigation.
Flynn, meanwhile, is a retired general with a long serving sheet in the United States, which Mueller took into consideration to recommend no jail sentence. "The accused's military and public antecedents distinguish him from any other person charged in the investigation [special counsel’s]," Mueller wrote.
What the sentencing recommendation did not address, it was the imprecise beginnings of the Flynn investigation. It all started with the Obama administration's dissatisfaction when Flynn, during the transition as a new national security advisor, had telephone conversations with Sergey Kislyak, then Russia's ambassador to the United States. As Kislyak was under American surveillance, US intelligence and law enforcement had recorded and transcribed the calls, in which Flynn and Kislyak were discussing the sanctions Obama had imposed on Russia in retaliation for his interventions. elections.
There was nothing wrong with what a new national security advisor is talking to a foreign ambassador during the transition. There was nothing wrong with discussing sanctions. But some Obama Justice officials have ruled that Flynn could have violated the Logan Law, a 218-year-old law under which no one has ever been prosecuted, which forbids individuals from acting for the account of the United States in disputes with foreign governments. .
Obama officials also said they were concerned about reports that Flynn, in a conversation with Vice President Mike Pence, had denied discussing sanctions. Officials felt that this could somehow expose Flynn to Russian blackmail.
Obama's appointees at the Justice Department summit then sent FBI agents to the White House to question Flynn, who was finally accused of lying during the interview.
Originally, the FBI did not think Flynn had lied. In March 2017, James Comey, then director of the FBI, told the House Intelligence Committee that the two FBI agents who had questioned Flynn "did not detect any disappointment" during the interview and "Did not see anything that tells them that [Flynn] knew that he was lying to them," according to the report of the Trump-Russia investigation commission. Comey said essentially the same thing to the Judiciary Committee of the Senate and, in the words of President Chuck Grassley, "has led us to believe … that it was unlikely that the Department of Justice would continue [Flynn] to false statements made during the interview. "
FBI number two, Andrew McCabe, said the same thing in the House. "The two people who interviewed [Flynn] did not think he was lying, [which] was not [a] a good start for a false statement," McCabe told the Intelligence Committee.
This is only later, after Comey was fired and Mueller began his investigation, Flynn was accused of lying. He finally pleaded guilty.
Mueller's sentencing recommendation specifically mentions the suspicion that Flynn violated the Logan Act. He says nothing about the blackmail story of the Justice Department Obama.
Hill Republicans have been wary of the Flynn affair for quite some time. But they were not able to get their hands on some key documents and testimonials that could tell them what happened.
House investigators have the opportunity to learn more this week when Comey will appear Friday for an in camera interview with members of the Judiciary and Oversight Committees.
Lawmakers promised to publish the transcript of the interview a day or two after its completion. This could eventually give the public a more complete picture of the Flynn affair. Investigators could ask Comey how the agents who interviewed Flynn characterized his responses and behavior. They could ask if Comey believed that Flynn would be charged. They could ask what evidence Comey found to suggest that Flynn had actually lied. And they could ask if Comey has already seen the reports, the so-called 302, that the agents wrote while describing the interview.
Congress has long urged the Department of Justice to hand over 302 and other documents. Until now, the answer has been no. But soon the Flynn case will be fully over. The public may end up learning what really happened in United States of America v . Michael T. Flynn.
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