, 25 tweets, 9 min read Read on Twitter
We have the transcript from the Flynn hearing.

As reported elsewhere, the Judge was "concerned" about issues raised in Flynn's memo.

Judge asked questions to Flynn to ensure his guilty plea was made "knowingly, voluntarily, intelligently..."
Judge told Flynn he could appoint an "independent attorney" to review the file/conduct research "to render a second opinion."

Flynn denied that request.
The discussion on Brady material.

Flynn's lawyer said he had no concerns "that potential Brady material or other material was not provided to [Flynn or his attorneys]."
Judge asks Flynn's lawyer about certain issues legal raised/implied within Flynn's memo.
Judge references those issues that "raised concerns on the part of the Court."

Flynn lawyer responds those were for sentencing purposes (as opposed to challenges to the plea)
Judge poses a "puzzling" question he has: if Flynn was interviewed on 1/24/17, why did the Flynn memo cite the 8/22/17 FBI 302?
Flynn lawyer: Our "original draft" cited specifically to the Strzok interview 302 and to the McCabe memo.

They had to clear the memo to the SC due to protective order. The SC objected.
The Special Counsel asked Flynn to remove "the Strozk 302, and the McCabe memorandum from the brief."

Flynn, being in no position to argue, had to comply.
"The Special Counsel's Office requested that [Flynn] change those citations to simply reference the memorandum and date and the FD-302 and date without the names. We acceded."

The Special Counsel wanted Strzok and McCabe's names removed.

I wonder why.
The Special Counsel didn't disagree with that.

They just didn't want the Strzok 302 and McCabe memo submitted to the court because there are "other considerations in the material."

Have to ask if it could be because of the contents of the 302 and the McCabe memo...
There has been some misreporting on what actually happened today.

The judge has accepted the plea.
Onto the sentencing.

Special Counsel states it's a possibility that Flynn "is continuing to cooperate with the govt at this time."
Judge asks if Flynn's "exposure [to FARA and FARA related violations] would have been grave."

Special Counsel: Yes.. maximum penalty of 10 years.

(leverage)
Judge discusses how he will take into account Flynn's 33 years of service and sacrifice, but also all aggravating circumstances; in his view, not just false statements to FBI but to Trump team.
Here's Judge Sullivan's HUGE screw up, accusing Flynn of being an agent of a foreign gov't "while serving as National Security Advisor."

"Arguably, you sold your country out."

What a horrific, embarrassing mistake by the judge in a high profile case. Unacceptable.
Judge Sullivan is worked up.

I can't make any sentencing guarantees, "but I'm not hiding my disgust, my disdain for this criminal offense." (Referencing the mistaken FARA/NSA accusation.)

A case about false statements has a Judge making false statements at sentencing.
Judge brings up the Logan Act - the Act"that no one has ever been prosecuted under"

The Special Counsel hedges.

The facts could "potentially support a violation of the Logan Act" but the gov't isn't considering it.
The "treason" discussion

Judge: Is there an opinion about the conduct of Flynn that rises to the level of "treasonous activity"?

SC: "that was not something that we were considering in terms of charging the
defendant."
"Treason" continued.

Judge asks if Flynn could have been charged w/ treason. The Special Counsel "is hesitant to answer."

Spineless. Say "No" and move on. Absolutely shameful.
After the break, the Judge says he "may have mispoken" about Flynn being a foreign agent while in the White House.

"I felt terrible about that."

An apology to Flynn would have been better.
Judge explains his treason questions.

Not sure I'm buying his explanation - those questions followed the foreign agent/NSA debacle.

[@willchamberlain was there and has a different POV on the topic.]
Now the Special Counsel offers his own mea culpa on the treason question.

"The gov't has no reason to believe that the defendant committed treason"
Counsel for Flynn brings up the DOJ's inconsistent treatment of gov't officials.

Gen. Petraeus and Sandy Berger pleaded to misdemeanors. Flynn pleaded to a felony.
The Judge freestyles on the Petraeus deal.

"I don't see how a four-star general gives classified information to someone not authorized to receive it and then is allowed to plead to a misdemeanor."
Near adjournment, Judge Sullivan mentions that he will likely have "many, many, many more questions" - including:

1) how the gov't investigation was impeded

2) What was the material impact of the crimes

/end
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