In ‘disgust,’ judge threatens Flynn with prison, but delays sentencing

But when Sullivan pressed one of Mueller’s prosecutors, Brandon Lang Van Grack, about whether Flynn had more assistance to provide the Russia probe, the prosecutor at first hesitated and then replied that the defendant had already given “the vast majority of the cooperation that could be considered.”

Kelner, Flynn’s lawyer, later emphasized the point, saying that Flynn “has held nothing back” from Mueller’s prosecutors, but that his assistance to the special counsel was “very largely completed at this point.” If true, that would suggest that Mueller does not plan to use Flynn, one of his most important cooperating witnesses, to provide testimony in criminal charges against other figures in the Russia probe, which could signify that the criminal investigation is nearing its conclusion.

Mueller could, however, use testimony by Flynn in a final report about his investigation, which he is required to write, although it’s unclear how much of it, if any, will be made public.

Flynn had originally pleaded guilty last December to one count of making a false statement to the FBI — a crime that carries a maximum of five years in federal prison — when he was interviewed by two agents in his White House office on Jan. 24, 2017, about two conversations he held with Kislyak during the transition, after President Barack Obama imposed sanctions on Russia to punish the Kremlin for its interference in the 2016 election. Flynn denied to the agents that he had asked Kislyak not to retaliate. In a followup interview two days later, he denied recalling a second conversation in which Kislyak told him that Russia had decided to honor Flynn’s request.

In a statement of offense filed at the time, Flynn also admitted that he had lied to the agents about separate conversations he had with Kislyak urging Russia to oppose a United Nations Security Council resolution condemning Israeli settlements on the West Bank. He also admitted filing “materially false” statements with the Justice Department about his lobbying work for Turkey, including omitting the role the Turkish government played in directing an op-ed he published in a Capitol Hill newspaper on Election Day calling for the extradition from the United States of an opponent of Turkish President Recep Tayyip Erdoğan.

In the days before Tuesday’s scheduled sentencing, the issues before Sullivan were clouded when Flynn’s lawyers filed a memo saying that, at the suggestion of then Deputy FBI Director Andrew McCabe, Flynn had met with the FBI agents without being represented by a White House lawyer. Flynn’s defenders in the conservative media, led by the Wall Street Journal editorial page, insinuated that the bureau was trying to entrap him into lying. But Flynn and his lawyers put that issue to rest when Sullivan grilled them about it. Asked directly if he continued to “accept responsibility” for his  “false statements,” Flynn answered forthrightly: “I do, Your Honor.” When Flynn asked Kelner if he believes “Mr. Flynn was entrapped by the FBI,” the lawyer replied: “No, Your Honor.”

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