FFS, Mueller did NOT 'RECOMMEND NO JAIL TIME' for Flynn ... why is everyone, everywhere saying this?

[mr_lebowski]

He recommended a penalty towards the lower end of sentencing guidelines which COULD INCLUDE 'no jail time'.

He absolutely DID NOT explicitly 'Recommend No Jail Time'.

Looking at how ALL the reporting is casting this ... is pissing me off at this point.

It's not that hard to report it correctly.

[NRaleighLiberal]

1. As we have seen, Mueller will recommend what he recommends irrespective of the shoddy reporting

Horrendous media won't save Flynn from whatever he will get. It won't save any of the deplorables. And that is a big relief!

[Hoyt]

2. He recommended no jail time, by mentioning "no jail time." I hope Flynn

actually provided enough info to take trump down, not info on someone else.

[mr_lebowski]

5. 'Mentioning the possibility of' is not the same as 'recommending' in my esteem

If you said 'what's the best place to go eat?', and I say 'you could go to PF Changs', and you ask 'is that what you'd recommend?' ... I could very well say 'no, I'm just saying you could go there, it's right down the street'.

Mentioning something as possible/acceptable is not the same as 'recommending'.

[Hoyt]

6. In this case, Mueller is saying we are OK with no jail time and think it

is appropriate. Otherwise, no need to mention it.

[mr_lebowski]

8. So why not report it as "Mueller Okay With No Jail Time for Flynn"

That is 100% accurate, wouldn't you say?

I would submit that this description is distinctly more accurate, than "Mueller Recommends No Jail Time for Flynn", which is how every report is framing it.

Seems minor, but I personally think it's an important distinction, and not one that's difficult to make as a reporter.

[Hoyt]

9. What is it they say, "a distinction without a difference."

[mr_lebowski]

17. Respectfully, agree to disagree ... the verbiage I've repeatedly seen makes it sound as if Mueller

proactively advocated for Flynn to avoid Jail, and I think that the actual words on paper say something more akin to 'it would be acceptable if he avoided jail'.

I see these as different, but I'm not a lawyer ... or a reporter ... so ... I'll grant I could be wrong.

[qazplm135]

26. As someone who has tried and defended

A good number of cases I agree it's a distinction without much of a difference.

[Corvo Bianco]

14. So of all the restaurants in the world you suggest PF Changs

But oh hell no you don't recommend it? Is Mueller being sarcastic?

[mr_lebowski]

15. Good point, but, as I said, Changs is right down the street ... not anywhere in the world ;)

I'm just saying it's inaccurate to portray Mueller's advisement as 'recommending Flynn serves no time'. The document clearly says 'towards the lower end of guideline, which (may) include no (jail time)'.

He doesn't say 'we should give him no time'.

Yet I've seen multiple headlines and tweets from media figures saying 'Mueller recommends Flynn Avoids Jail', or thereabouts ...

Look, I grant it's a minor distinction, but not a meaningless one, IMHO.

[NewJeffCT]

24. If he recommended no jail time

he likely gave them a lot of good information

[CentralMass]

3. Well here's hoping that someone in this treasonous cabal actually does some time.

[Jarqui]

4. I think you are correct

https://www.courtlistener.com/recap/gov.uscourts.dcd.191592/gov.uscourts.dcd.191592.46.0_1.pdf
From page 1

As calculated by the United States Probation Office, the defendant’s applicable Total Offense Level is 4, Criminal History Category I, resulting in an advisory guideline range of 0-6 months. That offense level and guideline range, however, do not account for a downward departure pursuant to Section 5K1.1 of the United States Sentencing Guidelines reflecting the defendant’s substantial assistance to the government, which the government has moved for contemporaneously. Given the defendant’s substantial assistance and other considerations set forth below, a sentence at the low end of the guideline range—including a sentence that does not impose a term of incarceration—is appropriate and warranted.

From page 7

III. Conclusion
For the foregoing reasons, as well as those contained in the government’s Addendum and
Motion for Downward Departure, the government submits that a sentence at the low end of the advisory guideline range is appropriate and warranted.

Addendum (had nothing I saw pertaining directly to the sentence requested)
https://www.courtlistener.com/recap/gov.uscourts.dcd.191592/gov.uscourts.dcd.191592.46.1_2.pdf

[Docreed2003]

7. Reading comprehension is tough for some folks apparently

[Laura PourMeADrink]

10. Thanks for the heads up !! Isn't it amazing how the instant news wants a title

and just runs with it and the everyone believes it.

[onenote]

11. This is exactly what the Sentencing memo says. Folks can reach their own conclusions

"Given the defendant's substantial assistance and other considerations set forth below, a sentence at the low end of the guideline range -- including a sentence that does not impose a term of incarceration -- is appropriate and warranted."

[pnwmom]

12. What is undisputed is that Mueller isn't asking for any jail time for Flynn. n/t

[ChoppinBroccoli]

13. Flynn Earned Leniency By Cooperating Fully

But I can tell you that when one defendant earns leniency by cooperating with authorities, THAT defendant may get no jail time, but only because someone further up the ladder IS getting jail time, and usually a boatload of it. Let's hope that ladder goes ALL THE WAY to the top, if you know what I mean.

In my experience, jail time for co-defendants is usually a zero-sum game. If one of them doesn't get any, someone else is getting a lot.

[barbtries]

16. Rachel's reporting is accurate I believe

she read the document. Sounds to me that Mueller is pretty explicitly suggesting that no jail time would be appropriate for Flynn.

[mr_lebowski]

18. Agreed. He suggested that it's acceptable to him if Flynn serves no jail time ...

I'm just saying I've seen quite a bit of commentary/headlines saying that Mueller said 'we shouldn't give him any jail time'. Which I think is different than saying 'it would be acceptable if he received no jail time'.

IOW, there's a difference between "Citing Flynn Cooperation, Mueller Recommends Leniency, Declines to Recommend Jail Time", and "Mueller Recommends That Flynn Serve No Jail Time". The former is more accurate, the latter is what I'm generally seeing in the media.

[barbtries]

19. i see your point

but think it's exceedingly fine. i think we all would have liked to see Flynn do time, and it's highly unlikely now that he will. My hope is that his information is borne out and that takes out trump, pence, the trump children, kushner, etc, etc

one bad thing about it is trump's cult will jump on it and say see?! nothing burger!!!

[Hermit-The-Prog]

20. Ivanka's emails? Lock her UP!

Barely, tangentially related to OP, but I couldn't resist -- reflex reaction to either Flynn or emails.

[Mr. Ected]

21. This canary's tune must have dealt some fatal blows to the Trump cabal's conspiracy

The potential non-punishment is a clear indication that the "lock her up" chanting, highly placed official in the Trump administration must have provided clear, extensive and substantive evidence against every single perp known to him in this ring of treason. Mueller has likely spent nearly 2 years substantiating each piece of Flynn's testimony. The final result will be a report and recommendation that will clear the decks and put each and every criminal before a judge.

[malaise]

22. The desire to get the story out first makes fools of many folks

particularly media folks.
For the sake of accuracy, folks have to read and digest documents.

[OnDoutside]

23. Wasn't it a similar phrase used for Van der Swann ? And he still got jail.

[Luz]

25. I just heard the max he could get is 6 months? Is that right?