https://www.buzzfeednews.com/article/zoetillman/michael-flynn-robert-mueller-fbi-sentencing-prison
WASHINGTON — Special counsel Robert Mueller is okay with a sentence that doesn't include any jail time for Michael Flynn — the former Trump national security adviser who pleaded guilty to lying to FBI agents in the Russia probe — according to a new court filing Tuesday night.
Flynn is scheduled for sentencing on Dec. 18, more than a year after he first appeared before a federal judge in Washington, DC, to enter his guilty plea. His deal with the government required him to cooperate with Mueller's office, and in Tuesday's filing, prosecutors said Flynn's offense was "serious," but that he deserved credit for accepting responsibility and "substantially assisting the government."
"Given the defendant's substantial assistance and other considerations set
forth below, a sentence at the low end of the guideline range — including a sentence that does not impose a term of incarceration — is appropriate and warranted," prosecutors wrote.
Flynn pleaded guilty on Nov. 30, 2017, to a single count of making false statements, a crime that has proven the downfall of other defendants who pleaded guilty in Mueller's investigation so far — former Trump attorney Michael Cohen, former deputy Trump campaign chair Rick Gates, former Trump campaign adviser George Papadopoulos, and Dutch lawyer Alex van der Zwaan, who had ties to Gates and former Trump campaign chair Paul Manafort.
Making false statements carries a maximum sentence of five years in prison and a fine of up to $250,000, but per Flynn's plea agreement with the government, his estimated sentencing range is between zero and six months in prison, given his lack of criminal history and assuming the government is satisfied with his cooperation and acceptance of responsibility.
Flynn is due to submit his own sentencing memo on Dec. 11. He's one of seven people to plead guilty in Mueller's investigation so far, and he'll be the fourth person sentenced to date.
The sentencing memo in Flynn's case kicks off a week of highly anticipated court filings by Mueller's office. Special counsel prosecutors are expected to weigh in by the end of the week about new allegations that Manafort lied to federal investigators after signing his plea deal and what sentence they recommend for Cohen.
