6-month term advised for Flynn

Prosecutors earlier sought no prison time for ex-Trump aide

Michael Flynn, President Donald Trump's former national security adviser, leaves the federal court following a status conference with Judge Emmet Sullivan, in Washington, Tuesday, Sept. 10, 2019. 
(AP Photo/Manuel Balce Ceneta)
Michael Flynn, President Donald Trump's former national security adviser, leaves the federal court following a status conference with Judge Emmet Sullivan, in Washington, Tuesday, Sept. 10, 2019. (AP Photo/Manuel Balce Ceneta)

WASHINGTON -- President Donald Trump's former national security adviser Michael Flynn deserves up to six months behind bars, the Justice Department said Tuesday, reversing its earlier position that he was entitled to avoid prison time because of his extensive cooperation with prosecutors.

The government's sentencing memo is a sharp rebuke to Flynn's new legal team, which for months has attacked former special counsel Robert Mueller's Russia investigation and accused prosecutors of withholding information that the lawyers said was favorable to their client. A judge rejected those arguments last month.

Flynn, a former Army lieutenant general who served in Iraq and Afghanistan, was entrusted with shaping the Trump administration's national security policy but became entangled early on in the FBI's investigation into ties between the Trump campaign and Russia.

"Indeed, the government has reason to believe, through representations by the defendant's counsel, that the defendant has retreated from his acceptance of responsibility in this case regarding his lies to the FBI," prosecutors wrote in seeking a sentence of up to six months.

"For that reason," they added, "the government asks this Court to inquire of the defendant as to whether he maintains those apparent statements of innocence or whether he disavows them and fully accepts responsibility for his criminal conduct."

Sidney Powell, a lawyer for Flynn, did not immediately respond to an email seeking comment. Defense lawyers will submit their own filing later this month.

Flynn was to have been sentenced in December 2018 for lying to the FBI about his conversations with the then-Russian ambassador to the United States, including about his request that Russia not escalate tensions with the U.S. in response to sanctions imposed by the Obama administration for election interference.

But the hearing was abruptly postponed midway through at Flynn's request after scathing criticism from U.S. District Judge Emmet Sullivan raised the prospect that he might send him to prison, even though prosecutors hadn't recommended it. Flynn asked that the hearing be put off so that he could continue cooperating with prosecutors in hopes of avoiding any prison time.

The case has taken a tumultuous turn since then.

The Justice Department opted not to have Flynn testify in the Virginia trial of a former business associate, saying that shortly before trial, he changed his account and contradicted his own past statements -- making him unreliable as a witness. The decision denied Flynn a chance to be credited for that cooperation.

He also fired his lawyers and replaced them with new ones who have taken a strikingly contentious stance toward Mueller's investigation, accusing FBI agents of effectively entrapping Flynn when they interviewed him at the White House and saying prosecutors had withheld documents and other information favorable to Flynn. Sullivan rejected each of the defense arguments in a lengthy opinion last month.

Flynn was seen as an important figure in the FBI's investigation into whether the Trump campaign coordinated with Russia. He was interviewed at the White House days after Trump was inaugurated and pressed about his conversations during the presidential transition period with then-Russian Ambassador Sergey Kislyak.

In their sentencing memo, prosecutors underscored the significance of that interaction.

"Any effort to undermine the recently imposed sanctions, which were enacted to punish the Russian government for interfering in the 2016 election, could have been evidence of links or coordination between the Trump Campaign and Russia," prosecutors wrote.

"Accordingly, determining the extent of the defendant's actions, why the defendant took such actions, and at whose direction he took those actions, were critical to the FBI's counterintelligence investigation," prosecutors wrote.

Mueller did not find a criminal conspiracy between Trump's campaign and Russia to tip the 2016 election.

Flynn's sentencing is scheduled for Jan. 28.

A Section on 01/08/2020

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