Michael Flynn deserves up to six months in prison, U.S. Justice Department says in reversal for former Trump national security adviser

www.washingtonpost.com

Federal prosecutors Tuesday recommended that former national security adviser Michael Flynn serve up to six months in prison, reversing their earlier recommendation of probation because of his drawn-out attacks against the FBI and Justice Department.

The dramatic revocation of the Justice Department’s request for leniency came weeks after Flynn’s sentencing judge Dec. 16 categorically rejected Flynn’s claims of prosecutorial misconduct and that he had been duped into pleading guilty to lying to FBI agents about his Russian contacts after the 2016 U.S. election.

“It is within the government’s sole discretion to determine whether the defendant has ‘substantially assisted’ the government,” prosecutor Brandon Van Grack wrote in a 33-page court filing. “In light of the complete record, including actions subsequent to December 18, 2018, that negate the benefits of much of the defendant’s earlier cooperation, the government no longer deems the defendant’s assistance ‘substantial.’ ”

Flynn faces sentencing Jan. 28 before U.S. District Judge Emmet G. Sullivan in Washington. Flynn defense attorney Sidney Powell is scheduled to file his sentencing request Jan. 22.

The government motion marked the latest twist in the legal saga of the former Army lieutenant general and adviser to President Trump, whose rocky path after his candidate won the White House included serving the shortest tenure of a national security adviser on record — just 24 days. He then became a key witness in a probe into the administration, before breaking with the prosecutors who had credited him for helping them.

Flynn’s actions punctuated the beginning and end of special counsel Robert S. Mueller III‘s probe of Russian election interference, and his latest change of heart came after the investigation formally closed in March. Some Trump allies at that time pushed the president to pardon figures in the probe, particularly for Flynn. A potential prison term could renew such calls.

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