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Mueller strikes out in trying to nail Trump -- Flynn sentencing memo is a big nothing

Sullivan

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Nov 24, 2001
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Mueller strikes out in trying to nail Trump -- Flynn sentencing memo is a big nothing

Prosecutors report Michael Flynn provided 'substantial assistance'; Catherine Herridge has the details.

A sentencing memo that Special Counsel Robert Mueller filed in U.S. District Court in Washington Tuesday recommending little or no prison time for President Trump’s former National Security Adviser Michael Flynn doesn’t implicate the president in any wrongdoing.

The memo isn’t a “smoking gun” showing President Trump colluded with Russians to win the 2016 presidential election or did anything else illegal. In fact, the memo isn’t even a squirt gun. In terms of President Trump’s conduct, it amounts to nothing of any significance.

In recommending that Flynn – who served as President Trump’s national security adviser for just 24 days – get a sentence ranging from no prison time to six months at most, the memo filed by Mueller said Flynn has offered "substantial" help to investigators about "several ongoing investigations."

“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," the memo states.

The sentencing memo says that Flynn was interviewed 19 times by prosecutors on Mueller’s team and other Justice Department lawyers. But crucially, the memo doesn’t specify anything that Flynn told Muller’s team regarding allegations against President Trump or anything else.

Flynn, who succumbed to Mueller's intense pressure by pleading guilty to making a false statement to the FBI, has cooperated with the special counsel's investigation into alleged Trump-Russia collusion to avoid a long prison sentence.

However, the sentencing memo and a heavily redacted addendum filed by Mueller suggest that Flynn provided absolutely no meaningful information that Trump conspired or coordinated with Russia to win the 2016 presidential election.

Flynn pleaded guilty in last December to making false statements to the FBI with regard to his communications with Russian Ambassador to the U.S. Sergey Kislyak.

Flynn and Kislyak allegedly spoke in late 2016 about the U.S. sanctions the Obama administration had placed on Russia. Flynn was fired on Feb. 13, 2017, for misleading Vice President Mike Pence and other Trump administration officials about his talks with Kislyak.

Flynn also admitted to making false statements about his work as an unregistered foreign agent to benefit the Turkish government. But there is no connection between that work and President Trump.

The memo isn’t a “smoking gun” showing President Trump colluded with Russians to win the 2016 presidential election or did anything else illegal. In fact, the memo isn’t even a squirt gun.

The sentencing memo – less than six pages long – makes no mention of any evidence Flynn might have given to support Mueller's mandate. The addendum – five pages long – is so heavily redacted with infamous black lines that it is difficult to comprehend. But it appears that Flynn offered prosecutors assistance in two areas.

First, Flynn contributed something to an unidentified criminal case that is not being handled by the special counsel and, thus, not directly collusion-related.

Second, Flynn seems to have answered candid questions about the Trump transition team's conversations with foreign governments after the presidential election in 2016 and before Inauguration Day. Again, this would not be relevant to "collusion" to win the election because the election was already over.

The documents filed in court Tuesday make a passing reference to the Logan Act, which prohibits private citizens from interfering in diplomatic disputes with foreign governments. But no one has ever been convicted under the act, passed in 1799. Lawyers, judges, and constitutional scholars regard the law as unconstitutional.

Nevertheless, this long dormant law does not apply to members of presidential transition teams who are acting not as private citizens, but as incoming government representatives of the person about to assume the presidency. They would therefore be constitutionally authorized to conduct foreign affairs. Every president-elect has his transition members engage with foreign governments to prepare for the challenges that lay ahead.

Not even Mueller would be foolish enough to bring a case under the Logan Act, especially

https://www.foxnews.com/opinion/mue...-trump-flynn-sentencing-memo-is-a-big-nothing
 
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