DOJ recommends Michael Flynn be jailed for up to 6 months

Source: Politico | January 7, 2020 | Josh Gerstein and Darren Samuelsohn

Federal prosecutors say the former Trump aide “has sought to blame almost every other person and entity involved in his case.”

Federal prosecutors on Tuesday called for up to six months of prison time for Michael Flynn, arguing that the former Trump national security adviser’s shift to a more combative defense strategy shows he’s no longer exhibiting the remorse he did when he pleaded guilty in 2017 to a felony charge of lying to the FBI.

The notable shift in the Justice Department’s stance comes after it initially said it was open to a sentence of probation as Flynn’s punishment when he was cooperating with government investigators in special counsel Robert Mueller’s sprawling investigation of ties between Donald Trump’s campaign and Russia.

More than two years ago, Flynn became the only member of the Trump administration to plead guilty in the Mueller probe. But after providing the government significant help — participating in 19 interviews with the Mueller team and other Justice Department prosecutors — he reversed course by hiring a new team of lawyers, who have tried without success to get the initial case dismissed.

“Far from accepting the consequences of his unlawful actions, he has sought to blame almost every other person and entity involved in his case, including his former counsel,” federal prosecutors wrote in a 33-page memo to U.S. District Court Judge Emmet Sullivan. “Most blatantly, the defendant now professes his innocence.”

Prosecutors seemed particularly aggrieved by Flynn’s actions in connection with a criminal case brought against Bijan Rafiekian, his former partner in a lobbying and consulting firm. Prosecutors argued that by shifting his testimony just prior to the trial last summer, Flynn undercut the case, which the government won in front of a jury but later had thrown out by a judge.

“Given the serious nature of the defendant’s offense, his apparent failure to accept responsibility, his failure to complete his cooperation in — and his affirmative efforts to undermine — the prosecution of Bijan Rafiekian, and the need to promote respect for the law and adequately deter such criminal conduct, the government recommends that the court sentence the defendant within the applicable Guidelines range of 0 to 6 months of incarceration,” they wrote.

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