Flynn Working with Mueller, But Trump Shouldn’t Worry. Yet.

 

Michael Flynn plead guilty today to lying to the FBI and has agreed to cooperate with Robert Mueller’s investigation into possible Trump-Russia collusion. Flynn made the following statement:

After over 33 years of military service to our country, including nearly five years in combat away from my family, and then my decision to continue to serve the United States, it has been extraordinarily painful to endure these many months of false accusations of “treason” and other outrageous acts. Such false accusations are contrary to everything I have ever done and stood for. But I recognize that the actions I acknowledged in court today were wrong, and, through my faith in God, I am working to set things right. My guilty plea and agreement to cooperate with the Special Counsel’s Office reflect a decision I made int eh best interests of my family and of our country. I accept full responsibility for my actions.

As the news broke on Twitter, media types went into their usual #Resist frenzy:

And James Comey wasn’t about to be left out of the smug celebration:

We’ve been through countless media fire drills, with reporters assuring us that each breaking news item would surely lead to Trump’s impeachment. Because of this, I reserved judgment until one particular expert weighed in: Clear-eyed former prosecutor Andy McCarthy.

In his piece for National Review, he writes “for all the furor, we have a small-potatoes plea in Flynn’s case — just as we did in Papadopoulos’s case.”

[A]s I explained in connection with George Papadopoulos (who also pled guilty in Mueller’s investigation for lying to the FBI), when a prosecutor has a cooperator who was an accomplice in a major criminal scheme, the cooperator is made to plead guilty to the scheme. This is critical because it proves the existence of the scheme. In his guilty-plea allocution (the part of a plea proceeding in which the defendant admits what he did that makes him guilty), the accomplice explains the scheme and the actions taken by himself and his co-conspirators to carry it out. This goes a long way toward proving the case against all of the subjects of the investigation.

That is not happening in Flynn’s situation. Instead, like Papadopoulos, he is being permitted to plead guilty to a mere process crime. A breaking report from ABC News indicates that Flynn is prepared to testify that Trump directed him to make contact with the Russians — initially to lay the groundwork for mutual efforts against ISIS in Syria. That, however, is exactly the sort of thing the incoming national-security adviser is supposed to do in a transition phase between administrations. If it were part of the basis for a “collusion” case arising out of Russia’s election meddling, then Flynn would not be pleading guilty to a process crime — he’d be pleading guilty to an espionage conspiracy.

We’re sure to learn more in the coming weeks about what Flynn knew, when he knew it, and how Trump was involved. But, once again, the media is celebrating a lot of smoke, without confirming there’s a fire.

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  1. Judge Mental Member
    Judge Mental
    @JudgeMental

    The only thing people in Washington are ever charged with is lying to the FBI.  It’s the only thing considered a crime for government officials.

    • #1
  2. Spin Inactive
    Spin
    @Spin

    They always “accept full responsibility” for their actions.  Do they?  I am not sure that means what they think it means.

    I once made a major mistake at work.  It was something I could have hidden, and hoped a co-worker wouldn’t spill the beans.  It was something that I probably should have been fired over.  But what I did was go to my boss, admit what I’d done, and “accept full responsibility.”  Which meant that I expected to be fired.  And I would have gone home and said to my wife “I really effed up, I knew better, I was fired and it’s my fault.”  I’m lucky that my boss just chewed me out and told me the next time I pulled a “stunt like that” I’d be out on my backside.

    • #2
  3. EJHill Podcaster
    EJHill
    @EJHill

    Republicans lie, Democrats “misremember.”

    • #3
  4. civil westman Inactive
    civil westman
    @user_646399

    Well. The FBI, being the arbiter of truth vs. falsity of statements is ironic, to say the least. Witness, for example Director Comey’s exculpation of Hillary or the agency’s emails (just publicized over great resistance) regarding the Clinton/Lynch tarmac encounter. I have been told that one talks to federal agents at all at one’s peril. If one is asked the time, date and day of the week and one answers correctly according to the clock and calendar one can nonetheless – according to the FBI’s truth detector – be accused of “making false statements.” We now live in a land where anyone can be found guilty of something – just like the erstwhile USSR. And we know that was the archetype police state.

    BTW, I bet that contact between a president-elect’s team and important foreign governments is the rule and not the exception (the episode in question was in December, I have read). Since the MSM wants this to be a stake through Trump’s heart, do you think they will report on this fact?

    • #4
  5. Valiuth Member
    Valiuth
    @Valiuth

    Jon Gabriel, Ed.: But, once again, the media is celebrating a lot of smoke, without confirming there’s a fire.

    That is more or less how the Republicans celebrate all Clinton investigations too. So here we are. Frankly I’m hoping we don’t have one of those cliffhanger episodes at the end of Season 1 of Trump Presidency.

    Following the Christmas break I want to see some indictments against Trump or his family. Or maybe a Muller firing. I demand Drama!

    • #5
  6. Susan Quinn Contributor
    Susan Quinn
    @SusanQuinn

    It doesn’t matter (I think) whether Flynn fully understood what it meant to say, “I accept full responsibility for my actions.” It does matter if he is appropriately held accountable. And of course, that’s a big “if.”

    What was the man thinking?

    • #6
  7. Guruforhire Inactive
    Guruforhire
    @Guruforhire

    Valiuth (View Comment):
    Following the Christmas break I want to see some indictments against Trump or his family. Or maybe a Muller firing. I demand Drama!

    Nah, we need sessions to appoint a special prosecutor to investigate the office of the special prosecutor.

    I demand Comedy!

    “I’ll prosecute you”  “You can’t prosecute me, I’ll Prosecute you!”

    he he he

    • #7
  8. cdor Member
    cdor
    @cdor

    I do not understand why anyone would voluntarily speak to the FBI. Why wouldn’t everyone say to the Feds, ” I m sorry, I have nothing to hide, but I can only speak to you through my attorney” ?  Supposedly the way they established Flynn was lying to the Feds was that they were intercepting the phone calls of the Russian Ambassador when Flynn was heard on one of them. The FBI asked Flynn direct questions about the phone conversation and Flynn answered those questions in conflict with what he actually had said according to their recording of the conversation. Was Flynn unmasked or was he the subject of a FISA warrant? Whatever happened to the phrase, “I don’t remember” ? And as Jon points out, and as Tina Turner might sing out, “What’s Trump got to do with it?”

    • #8
  9. Metalheaddoc Member
    Metalheaddoc
    @Metalheaddoc

    Isn’t it how they get you when they can’t prove a real crime? A process charge like Scooter Libby and Martha Stewart?  It’s like they have to charge something to justify a whole big investigation.

    • #9
  10. Roberto Inactive
    Roberto
    @Roberto

    cdor (View Comment):
    And as Jon points out, and as Tina Turner might sing out, “What’s Trump got to do with it?”

    From reports this is about Jared Kushner. So thus far it just appears as more fishing.

    • Make a deal with Flyn and then get Flynn to implicate Kushner.
    • Make a deal with Kushner and then get Kushner to implicate ?.
    • Make a deal with ? and then get ? to implicate Trump I suppose.
    • #10
  11. Percival Thatcher
    Percival
    @Percival

    Metalheaddoc (View Comment):
    Isn’t it how they get you when they can’t prove a real crime? A process charge like Scooter Libby and Martha Stewart? It’s like they have to charge something to justify a whole big investigation.

    Manacort and Gates are accused of felonies, but none which relate to the election. Papadopolous, like Flynn, is on the hook for lying to the FBI.

    So far, the only smoke seems to be either old, or generated by the investigation itself.

    • #11
  12. Valiuth Member
    Valiuth
    @Valiuth

    Guruforhire (View Comment):

    Valiuth (View Comment):
    Following the Christmas break I want to see some indictments against Trump or his family. Or maybe a Muller firing. I demand Drama!

    Nah, we need sessions to appoint a special prosecutor to investigate the office of the special prosecutor.

    I demand Comedy!

    “I’ll prosecute you” “You can’t prosecute me, I’ll Prosecute you!”

    he he he

    Oh, we are always bound to get Comedy, even when they shoot for drama. We are talking “The Room” levels of competence here.

    • #12
  13. Valiuth Member
    Valiuth
    @Valiuth

    Roberto (View Comment):

    cdor (View Comment):
    And as Jon points out, and as Tina Turner might sing out, “What’s Trump got to do with it?”

    From reports this is about Jared Kushner. So thus far it just appears as more fishing.

    • Make a deal with Flyn and then get Flynn to implicate Kushner.
    • Make a deal with Kushner and then get Kushner to implicate ?.
    • Make a deal with ? and then get ? to implicate Trump I suppose.

    You think it takes two more people to get to Trump from Kushner? The guy is his father in law. The real question is will Trump freak out and detonate a real political land mine by trying to shut this all down now by firing everyone, and pardoning himself. Of course if there is an actual there there than that might be his only move. So if that happens we know he is either stupid or guilty.

    Can they pass tax reform before this all goes of the rails? Its a race now. Hoo Doggy.

    • #13
  14. cdor Member
    cdor
    @cdor

    Valiuth (View Comment):

     

    Valiuth (View Comment):
    Can they pass tax reform before this all goes of the rails? Its a race now. Hoo Doggy.

    The gleefulness with which you appear to wish “this” goes off the rails makes me wonder, are you a Russian mole?

    Never mind, your Honor, I retract the question.

    • #14
  15. Bob W Member
    Bob W
    @WBob

    Judge Mental (View Comment):
    The only thing people in Washington are ever charged with is lying to the FBI. It’s the only thing considered a crime for government officials.

    And in this case, the Feds had a recording of the conversation they were asking him about. So why even ask him? The conversation wasn’t even evidence of a crime.

    • #15
  16. Dick from Brooklyn Thatcher
    Dick from Brooklyn
    @DickfromBrooklyn

    Spin (View Comment):
    [A]s I explained in connection with George Papadopoulos (who also pled guilty in Mueller’s investigation for lying to the FBI), when a prosecutor has a cooperator who was an accomplice in a major criminal scheme, the cooperator is made to plead guilty to the scheme. This is critical because it proves the existence of the scheme. In his guilty-plea allocution (the part of a plea proceeding in which the defendant admits what he did that makes him guilty), the accomplice explains the scheme and the actions taken by himself and his co-conspirators to carry it out. This goes a long way toward proving the case against all of the subjects of the investigation.

    That is not happening in Flynn’s situation. Instead, like Papadopoulos, he is being permitted to plead guilty to a mere process crime. A breaking report from ABC News indicates that Flynn is prepared to testify that Trump directed him to make contact with the Russians — initially to lay the groundwork for mutual efforts against ISIS in Syria. That, however, is exactly the sort of thing the incoming national-security adviser is supposed to do in a transition phase between administrations. If it were part of the basis for a “collusion” case arising out of Russia’s election meddling, then Flynn would not be pleading guilty to a process crime — he’d be pleading guilty to an espionage conspiracy.

    I’ll bet that’s the last time you’ll wear white after Labor Day.

    • #16
  17. DocJay Inactive
    DocJay
    @DocJay

    James Comey is a pig of a human being.   I hope he gets tried and fried.

    Flynn drank the devils water in DC and thought he could play too.  Sorry Mike , only state sponsored corruption allowed.

    • #17
  18. ShawnB Inactive
    ShawnB
    @ShawnB

    Whether anyone else is in trouble for this just depends upon whether or not they lied to the FBI.  If they told the truth or said nothing, this is not a problem.  There is nothing illegal about an incoming president calling foreign leaders about delaying a UN vote.  I know people will raise the Logan Act, but that is unenforceable.  Moreover, this is not collusion — certainly not the collusion they have been harping on for 12 months.  Just do not lie to the FBI and you have nothing to worry about.  If Jared K. did — or anyone else — then they probably ought to worry.

    • #18
  19. Skyler Coolidge
    Skyler
    @Skyler

    Never ever ever talk to the FBI.

    • #19
  20. Roberto Inactive
    Roberto
    @Roberto

    Valiuth (View Comment):
    Valiuth

    Roberto (View Comment):

    cdor (View Comment):
    And as Jon points out, and as Tina Turner might sing out, “What’s Trump got to do with it?”

    From reports this is about Jared Kushner. So thus far it just appears as more fishing.

    • Make a deal with Flyn and then get Flynn to implicate Kushner.
    • Make a deal with Kushner and then get Kushner to implicate ?.
    • Make a deal with ? and then get ? to implicate Trump I suppose.

    You think it takes two more people to get to Trump from Kushner? The guy is his father in law.

    I doubt they can get him at all, there’s no there there. But I have no doubt they can endlessly make life hell for him and those on his staff by catching them in process crimes or indiscretions entirely unrelated to the campaign or Russia.

    All the time continually searching for that one individual who has the secret recording of Putin activating his manchurian candidate.

    • #20
  21. Roberto Inactive
    Roberto
    @Roberto

    Bob W (View Comment):

    Judge Mental (View Comment):
    The only thing people in Washington are ever charged with is lying to the FBI. It’s the only thing considered a crime for government officials.

    And in this case, the Feds had a recording of the conversation they were asking him about. So why even ask him? The conversation wasn’t even evidence of a crime.

    This plea deal right here was the point. By having the recording anything Flynn leaves out when answering their questions constitutes lying to the FBI allowing them to charge him with a crime. That way they can pressure him to point the finger at someone else who they hope to pressure to lead them to someone even higher up the chain.

    • #21
  22. Bob Thompson Member
    Bob Thompson
    @BobThompson

    Valiuth (View Comment):
    You think it takes two more people to get to Trump from Kushner? The guy is his father in law. The real question is will Trump freak out and detonate a real political land mine by trying to shut this all down now by firing everyone, and pardoning himself. Of course if there is an actual there there than that might be his only move. So if that happens we know he is either stupid or guilty.

     

    Where’s the crime?

    • #22
  23. Larry Koler Inactive
    Larry Koler
    @LarryKoler

    DocJay (View Comment):
    James Comey is a pig of a human being. I hope he gets tried and fried.

    His tweet is very revealing, isn’t it? He’s on the side of the angels — that’s why he smirks like a chimp.

    • #23
  24. Larry Koler Inactive
    Larry Koler
    @LarryKoler

    Roberto (View Comment):

    Bob W (View Comment):

    Judge Mental (View Comment):
    The only thing people in Washington are ever charged with is lying to the FBI. It’s the only thing considered a crime for government officials.

    And in this case, the Feds had a recording of the conversation they were asking him about. So why even ask him? The conversation wasn’t even evidence of a crime.

    This plea deal right here was the point. By having the recording anything Flynn leaves out when answering their questions constitutes lying to the FBI allowing them to charge him with a crime. That way they can pressure him to point the finger at someone else who they hope to pressure to lead them to someone even higher up the chain.

    Agreed on all the above. Mueller is a glory hound and a very corrupt person. He doesn’t even know how to think straight about things anymore.

    • #24
  25. Larry Koler Inactive
    Larry Koler
    @LarryKoler

    And let’s all not forget Rod Rosenstein — the rat.

    This is what he knew and most of us knew would be the minimum that Mueller would do — and damaging Trump is all that he ever thought about.

    • #25
  26. Skyler Coolidge
    Skyler
    @Skyler

    Larry Koler (View Comment):
    And let’s all not forget Rod Rosenstein — the rat.

    I could never forget him.

    Because I have no idea who he is.  Never heard of him.

    • #26
  27. Guruforhire Inactive
    Guruforhire
    @Guruforhire

    Skyler (View Comment):

    Larry Koler (View Comment):
    And let’s all not forget Rod Rosenstein — the rat.

    I could never forget him.

    Because I have no idea who he is. Never heard of him.

    He recommended Comey be fired, and appointed mueller to investigate trump for taking his recommendation.

    • #27
  28. Al Sparks Coolidge
    Al Sparks
    @AlSparks

    Susan Quinn (View Comment):
    It doesn’t matter (I think) whether Flynn fully understood what it meant to say, “I accept full responsibility for my actions.” It does matter if he is appropriately held accountable. And of course, that’s a big “if.”

    What was the man thinking?

    As other posters have pointed out, he should not have talked to the FBI at all.

    I’m suspicious when a person gets charged with a process crime alone.  I’d like to know what actual harm he did to the investigation.

    If the harm he did is little to none, and I suspect it is, he should be given a $10K fine, and let go.  Now.  Sentence him now.  Let him go.  He’s a liar.  Why should a jury believe anything he says in a trial of someone else, especially if he’s under duress?

    That would be appropriate.

    • #28
  29. Al Sparks Coolidge
    Al Sparks
    @AlSparks

    Larry Koler (View Comment):
    Agreed on all the above. Mueller is a glory hound and a very corrupt person. He doesn’t even know how to think straight about things anymore.

    My take on Mueller is that he’s always been arrogant, and mostly effective in what he’s done.  Overall, he’s served his country well, including time as an junior officer in the U.S. Marine Corps.

    He seems to have had an honorable career, but he’s still saddled with arrogance.  He’s also committed to the FBI as an institution, as is Comey, and he probably holds Donald Trump in the highest contempt.  Comey could probably be charged with some process crimes of his own.

    Given his lack of humility, and his likely biases, it’s dangerous to entrust him with the kind of prosecutorial discretion a federal special counsel has with the unlimited resources they are given.

    If he’s corrupt, it’s the type of corruption that comes from being convinced of one’s own righteousness, and the certainty that his opponents are evil.

    The ends justifies the means.

    • #29
  30. Percival Thatcher
    Percival
    @Percival

    Larry Koler (View Comment):

    DocJay (View Comment):
    James Comey is a pig of a human being. I hope he gets tried and fried.

    His tweet is very revealing, isn’t it? He’s on the side of the angels — that’s why he smirks like a chimp.

    I have no use for the opinions of anyone that holds that “gross negligence” has an intent component. That is the silliest thing that I have ever heard a bureaucrat say, and I’ve heard some doozies.

    • #30
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