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Tom Rinaldo

(22,912 posts)
Tue Dec 18, 2018, 02:37 PM Dec 2018

The Judge didn't have to warn Flynn that he faced jail if they proceeded

Clearly though he did just that. The judge was well within his rights to simply hear Flynn's plea and then proceed directly to sentencing. Most defendants are not warned "Are you sure you want to go through with this now? Are you sure you don't want to put this off for awhile?" No one else seems to be saying this, certainly not on the media coverage I have heard so far, but the Judge just gave Flynn a break that he did not have to give him.

Everyone seems focused only on the fact that the Judge seemed unwilling to just accept the prosecution's recommendations for sentencing. But at the end of the day Flynn is still not in jail, and he could have been. There was no reason for the judge in this case to signal that he would impose jail time on Flynn now, if sentencing were today, if that sentence was inevitable either now or later. He is giving Flynn one more chance to improve his standing. Flynn damn well better get his defense team on board with ditching the "poor me I was entrapped" strategy they tried playing over the last week.

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gratuitous

(82,849 posts)
1. The judge was closing off avenues for appeal
Tue Dec 18, 2018, 02:44 PM
Dec 2018

From the reports, it also seems like the judge (who, remember, has seen the unredacted sentencing memo submitted by the prosecution) felt like the prosecution had left too much on the table, sweeping too many crimes under the rug. It sounds like a shot across both Flynn's and the prosecution's bow: Come back with a more comprehensive report on why you didn't charge Flynn with, for example, treason, and how your recommendation for no jail time fits with what the judge considers very serious criminal activity that hasn't been brought before the court.

Nevilledog

(51,067 posts)
4. If so....
Tue Dec 18, 2018, 02:49 PM
Dec 2018

I would have expected the judge to clearly state that both sides needed to justify the terms of the plea in order to keep him from rejecting it.

Tom Rinaldo

(22,912 posts)
5. I feel too much was left on the table also, but it's not my call
Tue Dec 18, 2018, 02:52 PM
Dec 2018

I think the Judge made a wise call here, leaving the door open for maximum leniency without granting it now. The clear implication to Flynn was you can do better than what I would give you now if you are on your best behavior in every regard in the immediate future.

The Judge also demolished the attempted false narrative that poor Mike Flynn was being treated so unfairly by being charged with any crime at all, by his emphasizing how despicable Flynn's total behavior actually was.

kentuck

(111,078 posts)
2. I think Flynn's lawyers have been communicating with Trump's lawyers...
Tue Dec 18, 2018, 02:47 PM
Dec 2018

..and they screwed the pooch. They have probably been talking to Rudy?

C_U_L8R

(44,997 posts)
3. "Go back and tell the whole truth and nothing but the truth"
Tue Dec 18, 2018, 02:47 PM
Dec 2018

"Then we'll see about your sentencing."

Flynn seemed to get quite a break to cooperate and come completely clean.

wishstar

(5,268 posts)
6. He doesn't want Flynn acting like Papadopoulos after plea deal spreading right wing conspiracies
Tue Dec 18, 2018, 02:55 PM
Dec 2018

Judge made a strong statement yanking his chain and putting the arrogant Flynn on notice that for leniency he must cut out the nonsense, continue to cooperate and show remorse, not throw shade on FBI as if he was entrapped.

Very good that Flynn can't feel that he is home free yet and cannot take up lucrative rightwing job offers just yet with this hanging over his head.

Tom Rinaldo

(22,912 posts)
7. Yes, the Papadopoulos example is pretty hard to ignore when Flynn's team was already speeding there
Tue Dec 18, 2018, 03:01 PM
Dec 2018

Avoid any serious jail time, then punch your ticket for entry into lucrative Right Wing punditry and speech making. Ollie North is their role model.

ecstatic

(32,681 posts)
8. Agreed. Flynn & his team are idiots
Tue Dec 18, 2018, 03:27 PM
Dec 2018

and the nod & wink fake bromance with trump won't work if he wants to stay out of prison.

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