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As it happenedended

Michael Flynn sentencing: Judge tells ex-Trump national security adviser ‘you sold your country out’ in hearing that ends with delay

Judge tells Flynn 'you sold your country out' during contentious hearing that ends with delay

Chris Riotta
New York
,Joe Sommerlad
Tuesday 18 December 2018 16:22 EST
Comments
Trump: FBI said Michael Flynn didn't lie

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A judge has fiercely criticised Michael Flynn, Donald Trump‘s short-lived national security advisor, as he postponed his sentencing for lying to the FBI over contact with Russian officials during the 2016 presidential election campaign.

US District Judge Emmet Sullivan said Flynn had "arguably" sold out his country by lying to federal investigators in 2017, adding, "All along, you were an unregistered agent of a foreign country while serving as the National Security Adviser to the President of the United States."

The sentencing was postponed pending a status report in March, despite Special Counsel Robert Mueller suggesting Flynn receive little to no jail time due to his cooperation in the federal investigation into Russian interference in the 2016 election.

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More from the judge's pointed remarks towards Michael Flynn, via CNN's Kaitlan Collins: 

Chris Riotta18 December 2018 17:13

As we’re on a break, here’s some fun reading on Judge Sullivan. He has sat on Washington’s federal trial bench since 1994 and is known to be “rarely quiet on the bench.” 

Chris Riotta18 December 2018 17:16

The courtroom is expected to reconvene in five minutes, though it remains unclear whether the judge will allow Michael Flynn to request a postponement in his sentencing, or whether the ex-National Security Adviser's attorneys will ask to go on with the sentencing as scheduled. 

Another possibility is that he could request the judge to consider his continued cooperation with prosecutors as part of his sentencing determination for lying to federal investigators. 

Chris Riotta18 December 2018 17:25

Michael Flynn has waived his right to appeal a sentence in this case — which may explain why Judge Sullivan appeared to urge him to go speak with his attorneys during a short recess before he delivered his sentencing. 

Chris Riotta18 December 2018 17:28

Michael Flynn is now back at the defence table with his team of attorneys. Judge Sullivan is expected to return imminently. 

Chris Riotta18 December 2018 17:31

Prosecutors stood by their requests for Michael Flynn to receive a sentencing within the lower end of zero to six months just before the recess, acknowledging the ex-National Security Adviser accepted responsibility and deserved credit for that. 

“A sentence below guidelines range warranted, period,” prosecutors concluded. 

Chris Riotta18 December 2018 17:34

ABC News’ Katherine Faulders notes a “clear shift in Michael Flynn’s mood’ shortly after the recess he had requested following Judge Sullivan’s tough line of questioning. 

“There appears to be a clear shift in Michael Flynn's mood -- prior to hearing, he seemed much more upbeat,” she wrote on Twitter. “Smiling with attorneys. Now appears much more serious in his demeanor. Sitting quietly with no smiles -- from my vantage point in the media room.”

Chris Riotta18 December 2018 17:43

Judge Sullivan has returned to the bench. The sentencing hearing is expected to resume imminently. 

Chris Riotta18 December 2018 17:45

Judge Sullivan resumed the sentencing hearing with a note: He wasn’t technically saying Michael Flynn had committed treason. “Don’t read too much into the questions I asked,” he said, noting he wasn’t even aware of the elements of treason. 

Chris Riotta18 December 2018 17:47

Though he acknowledged Michael Flynn may not have directly committed treason, Judge Sullivan remains dismayed by the ex-National Security Adviser committing crimes within the White House. 

“This case is in a category by itself,” he said Tuesday. 

Chris Riotta18 December 2018 17:50

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