Michael Flynn's sentencing is set to begin in about 15 minutes. I'll have updates for you here throughout the hearing, but also check out @CourthouseNews for my story after the dust clears.
There are attorneys at both counsel tables and Flynn is in his seat, sporting a grey suit. All we need now is a judge.
Judge Emmet Sullivan has taken his seat and we're underway.
Sullivan is going through Flynn's claims that he was mislead by the FBI in the Jan. 24 interview. That's the interview where he lied to FBI agents and he says the FBI encouraged him to do it without attorneys and did not notify him it was a crime to lie to federal agents.
Sullivan says those claims could "affect or call into question" Flynn's plea or at the least his acceptance of responsibility
Flynn is at the podium now, answering questions about the claims.
Flynn says he does not wish to challenge the circumstances of his FBI interview
Flynn is at the podium now, answering questions about the claims.
Flynn says he does not wish to challenge the circumstances of his FBI interview
Sullivan asks if Flynn is still willing to accept responsibility for his actions.
"I am your honor," Flynn responds.
"I am your honor," Flynn responds.
Flynn's attorney, Robert Kelner, says they raised the concerns about the FBI interview because they wanted to distinguish from other Mueller cases where people have gotten jail time.
He said those people, specifically George Papadopoulos, had more notice than Flynn did.
He said those people, specifically George Papadopoulos, had more notice than Flynn did.
Sullivan says there remains a factual basis to accept the plea and confirms with Flynn that he does not want to try to withdraw it.
Sullivan is now going over the facts of Flynn's case. He's largely reading from the statement of offense filed in December 2017 when Flynn first entered his plea.
Sullivan going into his sentencing considerations now.
"This is a very serious offense," Sullivan said. "A high ranking senior official of the government making false statements to the Federal Bureau of Investigation while on the physical premises of the White House."
"This is a very serious offense," Sullivan said. "A high ranking senior official of the government making false statements to the Federal Bureau of Investigation while on the physical premises of the White House."
Prosecutor Brandon Van Grack says "it remains a possibility" that Flynn will cooperate with the government going forward.
Flynn provided "substantial assistance" on an indictment unsealed in Virginia yesterday against two of his associates
Flynn provided "substantial assistance" on an indictment unsealed in Virginia yesterday against two of his associates
Sullivan is making sure Flynn still wants to go to sentencing today. He notes that Flynn could still cooperate more with the government, which could let him ask for a lower sentence.
"Arguably, you sold your country out," Sullivan said. "The court's going to consider all that. I cannot assure you that if you proceed today you will not receive a sentence of incarceration."
He went on:
"I'm not hiding my disgust, my disdain for this criminal offense."
He went on:
"I'm not hiding my disgust, my disdain for this criminal offense."
We're recessing until 12:30, at Flynn's request.
Sullivan offered the recess to Flynn while he was going over the seriousness of the offense and shortly after saying he could not promise he would not sentence Flynn to jail time.
Sullivan offered the recess to Flynn while he was going over the seriousness of the offense and shortly after saying he could not promise he would not sentence Flynn to jail time.
Flynn is back in his chair between his attorneys, but Sullivan isn't back behind the bench yet.
Sullivan is back. He wants to correct his previous statement on Flynn, noting Flynn's conduct occurred before he was in the White House.
Sullivan also clarifying his hypothetical on treason earlier:
"I'm not suggesting he committed treason."
Sullivan also clarifying his hypothetical on treason earlier:
"I'm not suggesting he committed treason."
To clarify Sullivan's clarification: Flynn's contacts with the foreign officials took place before he was in the White House, during the transition.
Kelner says Flynn wants to delay his sentencing, saying he might provide more cooperation.
Kelner specifically mentions yesterday's case unsealed in Virginia. He said it is "likely" Flynn will testify in that case and notes that could warrant consideration at his sentencing in the future.
The parties will file a status report on March 13
And that's it everybody.
TLDR: Flynn decided to delay sentencing so Sullivan can consider his continued cooperation with the government.
TLDR: Flynn decided to delay sentencing so Sullivan can consider his continued cooperation with the government.
