Matthew Miller: Flynn Not Likely To Get Jail Time

‘I think the judge maybe is a little angry at what Flynn and his attorneys have done’


MILLER: “I think he’s probably not likely to. The only reason I hedge a little bit is that this judge, Emmet Sullivan, is one of the most unpredictable judges, certainly in the D.C. Circuit. What we saw over the last week, we saw Michael Flynn's attorneys raise this kind of conspiracy or I should say allude to this conspiracy theory in their sentencing memo last week where they kind of raised the idea that Flynn wasn’t warned of the need to have an attorney present, that maybe he didn't know what he was getting into. And I think the judge reacted to that a little harshly in asking for all of these memos to be released publicly, and what you saw over these memos that were released, two that were released last week, one that was released last night, is that Flynn very clearly lied to the FBI. This entire conspiracy theory that he was somehow set up, that he was trapped, that he didn’t lie — the President's version of the conspiracy theory is that he didn't lie, the FBI agents in the room didn’t think he lied, but then Bob Mueller later decided to charge him with that nonetheless. We've seen that conspiracy theory completely obliterated. So I think there is a scenario under which the judge maybe is a little bit angry at what Flynn and his attorneys have done and treat him a little more harshly and give him a sentence that would be a short sentence, a week, a month, but I think the most likely outcome is probably he takes the recommendation from the prosecutor and gives him no jail time.”

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