Byron York: Judge's accusations mar Michael Flynn sentencing hearing
by Byron York
| December 18, 2018 04:16 PM
The sentencing of former Trump White House national security adviser Michael Flynn on a single charge of lying to the FBI turned into a dramatic scene in a Washington, D.C., courthouse Tuesday. Federal Judge Emmet Sullivan excoriated Flynn for what is called uncharged conduct — that is, for crimes that Flynn has not been formally accused of committing.
In open court, Sullivan raised the question of whether Flynn, a retired Army three-star general with more than three decades of service, might have committed treason. He questioned whether Flynn sold out the United States. He said Flynn had served as an unregistered foreign agent (for Turkey) inside the White House.
"Arguably, that undermines everything that this flag over here stands for," Sullivan said, gesturing toward the American flag in the courtroom, according to reporters who were present. "Arguably, you sold your country out."
All were terribly damaging accusations, especially coming from a federal judge sitting in court. And all were false, given that Flynn did not commit treason, did not sell out the United States, and did not serve as an unregistered foreign agent in the White House. There's a reason Trump-Russia special counsel Robert Mueller did not charge Flynn with those crimes, and the reason is he did not commit them.
It appeared Sullivan had a momentary loss of reason or didn't have his facts straight, or both. He later walked back some of his comments, but the damage was done.
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