Former Federal Prosecutors Question DOJ's 'Really Odd' Reversal on Flynn Sentencing

[malaise]

https://lawandcrime.com/high-profile/former-federal-prosecutors-question-dojs-really-odd-reversal-on-flynn-sentencing/
<snip>
The government told a federal judge that it does not oppose former national security advisor Michael Flynn avoiding jail and being sentenced to probation in documents filed with the U.S. District Court for the District of Columbia on Wednesday. This is a stance that struck several former federal prosecutors as “odd” in light of recent events.

In a seven-page sentencing memo, the Justice Department said it “agrees with the defendant that a sentence of probation is reasonable,” marking a drastic shift in tone from prosecutors previous sentencing memo which urged the court to sentence Flynn to at least some time behind bars.

In their Jan. 7 sentencing memo, prosecutors said called Flynn’s case “unique,” saying that he had not accepted responsibility for his conduct. They said his offenses were more egregious than other former government officials who served time in prison for convictions on similar charges.

“[T]he 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,” they wrote, before comparing Flynn to former Trump campaign aides George Papadopoulos and Rick Gates, and former Director of Security for the Senate Select Committee on Intelligence James A. Wolfe–all of whom accepted responsibility for their crimes and were sentenced to time behind bars.

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This is not receiving enough coverage - another example of fuckery on steroids!

[guillaumeb]

1. The well known "Barr effect".

Flynn and Trump are, and were, well matched.

[Evolve Dammit]

11. The "Barr effect"; Perfect

[guillaumeb]

17. A very, very low Barr. eom

[DonaldsRump]

2. Totally agree

This, as with so many other things with this "Administration", stinks to the high heavens.

[Hermit-The-Prog]

4. Billy Barr's Dirt Services (formerly, DoJ) strikes again.

We have one chance to avoid generations of mob rule.

[leftieNanner]

5. DOH Barr probably put his fingers into this

At the request of his orange boss, but remember - these are "guidelines" for sentencing and this judge has NOT been happy with Flynn from day one. Let's hope he throws the book at ol' Mikey!

[triron]

8. Judge may not buy into this bs.

[shanti]

16. Depends on the judge n/t

[Polly Hennessey]

6. Well, it's not too hard to figure out what is going on.

Amusing that former prosecutors find it “really odd”. Come on guys bet you already knew Barr was evil and corrupt. Your heads have probably always been in the sand. I remember many of you assuring us that Barr was a decent and fair attorney. We could trust him. Calling Mimi Rocha.

[malaise]

7. This is absolute madness and they all know it

it is the behavior of this kakistocracy and they should stop playing the ass and call it what it is - CORRUPTION - Flynn was one of the leading voices screaming lock her up for Hillary Clinton.

[bdamomma]

9. This is all Barr's

doing.

[sarcasmo]

10. Barr is involved, Flynn will Not do any time.

[DallasNE]

12. I Read About A Week Ago

That a Barr associate (presume it means from same law firm as Barr) was named as the DA for DC. Could this be the new guy already weighing in?

[malaise]

15. I heard about that but when was he named?

Very interesting.

[DallasNE]

19. A Link Annoucing The Appointment

It's dated today but I don't know the actual effective date.

https://www.investmentwatchblog.com/doj-jessie-liu-has-been-removed-from-the-doj-and-replaced-with-barrs-own-staff-attorney/

[malaise]

22. This is the most corrupt administration in history

and they are shameless

[wishstar]

13. I wonder if this sets up grounds for Flynn to appeal if judge sentences him to some time

Seems to me that Flynn could appeal and use this revised stance as grounds for appeal if Judge Sullivan sentences him to prison. And if the appeal goes to a Trumper judge, Flynn could have his sentence thrown out and charges dropped. He can then go to work for Trump's White House or campaign.

[shanti]

14. This is why his sentencing has been put off

and put off several times. Flynn was expecting this, and now it looks like he will get NOTHING, because, well, Chump can do anything now.

[Qutzupalotl]

23. Flynn's sentencing was put off because the judge was furious at his conduct

based on evidence that has not been made public. The judge even asked the government why they did not consider a charge of treason. Flynn went off to seek a reduced sentence by cooperating further, but mysteriously changed course a few months later and asked to withdraw his guilty plea. If Judge Emmet Sullivan sentences Flynn, it seems highly unlikely he would grant probation, especially given Flynn’s reversal on cooperation.

That said, this article raises my suspicion Barr and the new USA for DC may be exerting influence with the government filin in the OP. As posted upthread, Jesse Liu was forced out effective today. But Liu signed the court documents that were filed today. One hopes Sullivan will still be the sentencing judge, but in this environment, I am less certain of normalcy.

[wishstar]

24. Flynn recently requested to take back his guilty plea which has delayed sentencing further

so it would seem to me that this gives the Judge more grounds to deny Flynn's request to drop his plea deal because Flynn would be disadvantaging himself by revoking his plea deal if it is possible Judge will only give him probation by sticking with the plea deal.

Flynn would still be a convicted felon if Judge makes him stick to his plea deal even if Judge just gives him probation. So maybe DOJ is trying to facilitate Judge rejecting Flynn's request to revoke plea deal hoping that Judge just gives probation and DOJ doesn't have to take his case to trial and drag it all out even further.

[alwaysinasnit]

18. K&R Thanks for posting.

[NoMoreRepugs]

20. Let's see what the Judge says.

[BadgerMom]

21. K & R for visibility.

[SunSeeker]

25. I hope the judge sees Barr's obvious fuckery here and gives Flynn jail time.

This is fucking ridiculous.

[keithbvadu2]

26. Two generals... Flynn & Arnold

Two generals... Flynn & Arnold

Arnold died a traitor in England.

He was not lucky enough to have a Donald Trump on his side.

[dem4decades]

27. No one above the law? Everyone above the law now.

Trump/ Barr have destroyed justice in America.

[malaise]

29. Sure looks that way

They will both pay for it

[Baked Potato]

28. Probably finally gave them what they wanted

[DeminPennswoods]

30. In the end, the judge will decide

and he has already come down hard on Flynn by ordering him to co-operate more, etc. It'll be kind of surprising if Flynn avoids jail time.

[CousinIT]

31. Barr and the DoJ is Trump's personal, legal bouncer.

What else would anyone expect? And now Barr has put another one of his goons in place to handle the remains of the Mueller report and ensure that if Congress subpoenas other witnesses for anything, they can ignore the subpoenas without being in contempt.

Trump has Barr there to ensure the DoJ covers Trump's personal legal ass. And nothing else.

[pecosbob]

32. It's the Republican Sentence Mitigation Syndrome

Seems to set in every new Republican administration all over again. Ollie North, Scooter Libby, ad infinitum. Will we never break this cycle? I'm starting to feel really Old Testament these days.

[ck4829]

33. Gross. K&R.