Important contextually to this weeks Flynn sentencing. Here we have the sentencing of James Wolfe, the Congressional staffer who lied to the FBI. DOJ states there should be an upwards departure in sentencing, meaning greater than the 0-6 months considered for a violation of /1
18 USC 1001 b/c of the damage the lie created. The government states that damage "... can't be quantified..." Federal judges are allowed to modify prison sentences either upward or downward from the federal guidelines if the facts of a prosecution warrent. h/t @SaysDana /2
For example, Flynn and the OSC sought a downward modification b/c of the substantial help Flynn gave in their investigation. Converesely, here, the government is seeking an upwards modification for the extreme damage they allege Wolfe caused with his material lie. /3
The judge is not obligated to grant either an upwards or downwards modification in any situation. It's pure judicial discretion whether a judge will do so. Pertinent to the Flynn sentencing, the judge was not having a downward modificiation b/c of Flynn, as for DIA and NSA /4
chair, knew or should have known not to lie to the FBI. The judge is holding him to a higher standard b/c of this and b/c he is a 3 star Army general. Judge Sullivan should hold Flynn to a higher standard b/c of the positions he held and b/c his lies will hold a much greater /5
impact not only on a criminal investigation but the country and the American people as opposed to you run of the mill DOJ prosection witness or defendant. We are just getting to the good stuff people. Things will move much faster now once the new Congress is sworn. /6
We have this. The Republic Stands. /end
