Federal Prosecutors Demand Jail Time for Mike Flynn, It Is Time for President Trump to Do the Right Thing

Former Trump national security adviser Michael Flynn leaves federal court in Washington, Friday, Dec. 1, 2017. Flynn pleaded guilty Friday to making false statements to the FBI, the first Trump White House official to make a guilty plea so far in a wide-ranging investigation led by special counsel Robert Mueller. (AP Photo/Susan Walsh)


Federal prosecutors in the Michael Flynn case entered their sentencing recommendation in the case today.

Citing the seriousness of the conduct (puh-freaking-leeze), Flynn’s reluctance to “accept responsibility,” and, here’s the real thing, his key role in getting his business partner, Bijan Rafiekian, acquitted on Foreign Agent Registration Act violations, prosecutors recommended that Flynn serve up to 6 months in prison. This marks a change from the last sentencing memorandum in which prosecutors recommened no jail time.

The case against Mike Flynn is a classic Stalinist case of “you show me the man and I’ll show you the crime.” The FBI agents interviewing Flynn didn’t think he lied. Their recommendation was changed by the Comey cabal. His FARA violation is based on him following the advice of his attorneys who filed the forms for him…and then negotiated the original plea deal that involved their own actions.

To say that the government has acted in bad faith in this case is to understate. This case was started to set a predicate for continuing the Russia Hoax investigation. The substance of Flynn’s conversation with the Russian ambassador was known to the government at questioning and Flynn, former head of the Defense Intelligence Agency, knew that his conversation was being recorded even as it took place. Sally Yates and James Comey deliberately violated protocol in interviewing Flynn. His son was threatened with prison to coerce him into a guilty plea. Under Sidney Powell, the extent of government misconduct has been laid bare but Flynn, laboring under a guilty plea, was severely constrained in his options.

Mike Flynn was targeted for prosecution because he was the National Security Advisor-designate of President-elect Trump and his indictment was needed to bolster the narrative pushed by John Brennan and Jame Clapper and James Comey that was to cripple President Trump if not drive him from office.

Sentencing is set for January 28. I’d fully expect the judge to impose the maximum under the plea deal, if not depart upwards. This is the judge, you’ll recall, who equated Flynn’s alleged lie to the FBI to treason.

This nonsense has gone far enough. Sending Flynn to prison in order to make a handful of brutal and unethical prosecutors feel good about persecuting Flynn is ridiculous and does more to damage respect for the law and law enforcement than it does to enhance it. Now is the time President Trump needs to step up and do the right thing and pardon Mike Flynn, impeachment trial or no impeachment trial.

…meanwhile Andrew McCabe is a CNN contributor.

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