Mueller ready for Flynn to be sentenced

Special counsel Robert Mueller on Monday signaled he’s ready for a federal court to impose a sentence on Michael Flynn, a signal that the Russia investigator has finished tapping the former Trump national security adviser for information as part of a guilty plea agreement. Mueller and an attorney for Flynn told the U.S. District Court in a joint status report that after several delays “the matter is now ready to be scheduled for sentencing.” They proposed a court hearing as early as Nov. 28. Flynn pleaded guilty last December to lying to the FBI about his conversations with the Russian ambassador at the end of 2016, soon after Trump's upset election victory. In exchange for Mueller's recommendation for a reduced prison sentence, Flynn agreed to cooperate with Mueller's wider probe into Russia's interference during the 2016 election and whether the Trump campaign coordinated with the Kremlin on its efforts. Flynn's deal included an agreement to potentially testify in any other criminal cases prosecutors file. Lawyers for Mueller and Flynn have twice previously sought delays on his sentencing, prompting speculation that the former Trump adviser was still assisting the Russia investigation. Lying to the FBI comes with a maximum sentence of five years in prison and a fine up to $250,000. But defendants usually get much less than the maximum, particularly when they cooperate with prosecutors. Flynn’s plea agreement signaled a sentence of between zero and six months in custody, although U.S. District Court Judge Emmet Sullivan isn’t bound by the plea agreement. Defense experts said Mueller’s agreement to advance the Flynn portion of the probe signals he may not be needed for any future court cases. "Whatever Flynn had to say of relevance has likely already been put on the record before a grand jury and there is not much that is going to change from here," said Samuel Buell, a Duke University law professor and former federal prosecutor. Buell predicted Flynn would likely get probation or minimal time in prison considering the federal sentencing guidelines and the defendant's background in government. Gene Rossi, a former federal prosecutor from Virginia, also downplayed the significance of Mueller's latest move. “The setting of the Michael Flynn sentencing is far short of a Category Five criminal event, nor does it signal that the Mueller team is done with its work” Rossi said. He added that the decision to move toward sentencing could simply signal that Mueller has followed all possible leads Flynn gave them and that any cooperation in future proceedings won’t be jeopardized by giving him a prison sentence. “Moreover, the judge may have forced the hand of the prosecutors to move with alacrity,” Rossi said. source: https://www.politico.com/story/2018/09/17/mueller-michael-flynn-prison-sentence-826253 #Headlines by: dsamuelsohn@politico.com (Darren Samuelsohn)

Original Post: https://www.politico.com/story/2018/09/17/mueller-michael-flynn-prison-sentence-826253