Tease: Flynn's sentencing has been delayed

But apparently, the judge hit him squarely between the eyes anyway.

From CNN's live coverage of today's hearing:

Sullivan will ask [Flynn] a series of questions to make sure he is ready to plead guilty. Sullivan reminds him he will afford him an opportunity to withdraw his guilty plea if he wants to. Flynn responds he has no concerns about entering his guilty plea.

Then he added: "I was aware" that lying to FBI investigators was a crime when he was interviewed in Jan. 24, 2017, interview, Flynn tells the judge.

So maybe we cap put all those right wing armchair defense attorneys' (and Giuliani's) claims that Flynn needed to have been told by the FBI that it was criminal to lie to them. Or, more likely, they'll say he was pressured to lie now by saying he did indeed understand.

Sullivan is walking through what both sides wrote in their pre-sentencing court papers and the FBI memos memorializing Flynn's interview with the FBI. Sullivan reminds the courtroom Flynn says he was "unguarded [at his interview] because he did not receive a warning and was not represented by counsel."

"Mr. Flynn's briefing concerned the court," Sullivan said, and called into question the circumstances of his guilty plea.

[...]

Flynn said he is satisfied by his attorney representation, does not want extra time to speak with them, and does not want to speak with another, different attorney before this proceeds.

[...]

Sullivan asks Flynn if he would like to postpone the sentencing, and Flynn says no.

And then something happened.

Judge Emmet Sullivan has now formally accepted Michael Flynn's guilty plea, after spending several minutes revisiting the unusual circumstance of Flynn's interview and his intentions today.

He gave Flynn several outs to rethink his plea, and Flynn asserted several times he is ready to go forward.

[...]

Judge Emmet Sullivan is now walking through what he will take into account to determine sentencing.

"The process is highly individualized," Sullivan said. He will take into consideration the seriousness of the offense.

"A high ranking official of the government" making false statements in the White House is a "very serious offense," Sullivan said.

Sullivan also noted that Michael Flynn was still serving on the Trump campaign at the time of the incidents that led to his lie about his lobbying work for the Turkish government.

The judge acknowledged, though, that special counsel Robert Mueller's team has filed a request for leniency on Flynn's sentence.

"The more you assist the government the more you arguably help yourself at the time of sentencing," Sullivan says.

[...]

For the first time: The special counsel also acknowledged Flynn’s role in the indictment of two Flynn associates related to their lobbying on behalf of Turkey. Flynn gave "substantial assistance" to the Eastern District of Virginia US Attorney's Office in the Kian indictment unsealed yesterday.

If he had not cooperated and admitted to lying about the Turkish lobbying, Flynn could have been charged in that Virginia federal criminal case.

[...]

Prosecutor Brandon Van Grack says "it remains a possibility that General Flynn is continuing to cooperate with the government."

Judge Sullivan had asked Van Grack if Flynn was still cooperating, and Van Grack took several seconds to give that response.

That, I take it, is the "something" that happened to postpone sentencing.

Sullivan noted that this circumstance today is rare — hearings like this during continuing cooperation are often sealed, or are put on pause until the cooperation is complete.

[...]

If Sullivan sentences Flynn today, he can only take into consideration the cooperation up to this point. A sentence at a later date might be different if Flynn's cooperation continued, Sullivan said.

[...]

Having a sentencing today "is your prerogative, and only yours," Sullivan said. "If you want to postpone this ..." Sullivan suggested again.

"I want to be frank with you, this crime is very serious," Sullivan said.

[...]

“All along, you were an unregistered agent of a foreign country while serving as the National Security Adviser to the President of the United States. That undermines everything this flag over here stands for. Arguably you sold your country out."

Sullivan says he could impose a sentence of incarceration.

"I am not hiding my disgust, my disdain for your criminal offense," Sullivan said, straining his voice and taking a brief pause. "Yes, your honor," Flynn said, though he was not asked a question.

That's a very harsh "arguably" indeed. I wonder what sentence Sullivan was considering before Flynn wisely agreed to postpone it and cooperate some more.

Judge Emmet Sullivan asked in court today if Michael Flynn's conduct "rises to the level of treasonous activity?"

Prosecutor Brandon Van Grack, speaking for the special counsel's office, said prosecutors did not consider charging Flynn with treason.

Then Sullivan asked again: "Could he have been charged with treason?”

Van Grack wouldn't go there.

It's an intriguing situation, now that we know how Judge Sullivan feels.

More than a dozen friends and family members were in the courtroom for Michael Flynn's sentencing.

Before the hearing, their mood was somewhat jovial. People were smiling and chatting. When Flynn walked into the courtroom, he greeted his family members with a smile, saying, “You made it!”

But the mood visibly shifted as the hearing progressed and things got much more serious, specifically when Judge Emmet Sullivan admonished Flynn for lying, saying he “arguably sold your country out” and brought up questions of treason.

Not so much fun then, was it?

Judge Emmet Sullivan started the second part of the proceedings by walking back some of his harshest comments.

"I made a statement about Mr. Flynn acting as a foreign agent in the White House," he said. Sullivan added that he realized that was incorrect.

Prosecutor Brandon Van Grack said the foreign lobbying Flynn did ended before the Trump administration began.

Sullivan also walked back his treason questions. "I'm not suggesting" Flynn committed treason, Sullivan now said.

Family relieved, I'm sure. But still can't be quite as confident as they were at the start of the day.

"I was just trying to determine the benefit and the generosity of the government," he said. "Don't read too much into the questions I ask."

Van Grack said Mueller's team has "no concern" or no reason to think Flynn committed treason.

And, the understandable change of mind...

"We are prepared to take your honor up on his suggestion of delaying sentencing, so he can (sic) out the last modicum of cooperation" in Virginia, the attorney said.

Yeah, maybe he could use a little more helpful cooperation before Judge Sullivan passes sentence.

Both sides are ordered to update the judge March 13.

This thing is going to increase sales of tranquililzers before it's over.

Judge Emmet Sullivan adjourned Michael Flynn's sentencing hearing.

Sullivan's last words to the court were "Happy holidays."

When the hearing concluded with no final resolution on Flynn’s sentence, members of his family exited the court with stoic looks and slowly filed out. Some had what looked like a thousand-yard stare.

I'm sure they went in there with the prosecution's recommendation of no jail time thinking Flynn would be out and fancy free for Christmas. Happy holidays, indeed.

People outside the federal courthouse were heard chanting "lock him up" and "USA" as Michael Flynn left the building following the delay of his sentencing.

Flynn left the courthouse without speaking to reporters.

Couldn't happen to a more deserving person.

UPDATE:





That kid is "Little Anthony" from a Twilight Zone episode, which is actually how I see Trump.



UPDATE: