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You are here: Home / My Highly Nuanced and Sophisticated Legal Analysis of Mueller’s Flynn Sentencing Memo

My Highly Nuanced and Sophisticated Legal Analysis of Mueller’s Flynn Sentencing Memo

by John Cole|  December 4, 20189:41 pm| 65 Comments

This post is in: "Lock Her Up!!"

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Strap in for my hot takes:

1.) Flynn is crazy and a total fucking asshole, but he’s not as dumb as many others in Trump world, knows when he is caught, and is smart enough to listen to his lawyers when they tell him to cooperate because he does not want to die in jail.

2.) This is like Fitzmas, but this time there is a present, only when we open it all there is a promise for several more presents in a couple more weeks.

There you go. This is why this is a near top 1000 blog.

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Previous Post: « LTG Flynn Met With the Special Counsel’s Investigators 19 Times!!!!
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Reader Interactions

65Comments

  1. 1.

    Adam L Silverman

    December 4, 2018 at 9:44 pm

    Nothing about socks?

  2. 2.

    BruceFromOhio

    December 4, 2018 at 9:45 pm

    This is why this is a near top 1000 blog.

    You make it look easy, how is that.

  3. 3.

    Ben Cisco

    December 4, 2018 at 9:46 pm

    not as dumb as many others in Trump world

    Low bar, but he managed to clear it.

  4. 4.

    Jharp

    December 4, 2018 at 9:47 pm

    I’ve long thought is ok to be somewhat ignorant as long as you know what you don’t know.

    It’s served me pretty well.

  5. 5.

    trollhattan

    December 4, 2018 at 9:48 pm

    @BruceFromOhio:
    Below the placid surface he’s paddling like a maniac.

  6. 6.

    JaySinWA

    December 4, 2018 at 9:49 pm

    The Mueller-mas advent calendar!

  7. 7.

    trollhattan

    December 4, 2018 at 9:50 pm

    Can I have my “Lock Him Up” tshirt now? I want the photo to be a screengrab from his RNC speech, when he was yelling that, spittle-enhanced.

  8. 8.

    trollhattan

    December 4, 2018 at 9:51 pm

    @JaySinWA:
    Thursday is a nice little chocolate. We could all use that.

  9. 9.

    scott (the other one)

    December 4, 2018 at 9:53 pm

    Very low on my wishlist but still a thing for which I wish: that tucked in the agreement is a small bit about “and if your idiot son says anything stupid on social media ever again, you’re both going down for life.”

  10. 10.

    clay

    December 4, 2018 at 9:57 pm

    This is like Fitzmas, but this time there is a present, only when we open it all there is a promise for several more presents in a couple more weeks.

    So it’s Muellukkah?

  11. 11.

    Jeffro

    December 4, 2018 at 9:57 pm

    I really like the idea (posted in the previous thread) that Pence is also quite fucked at this point.

    Mr. Babble Nonsense and Lies In a Calm and Serious Manner got some ‘splaining to do!

  12. 12.

    Adam L Silverman

    December 4, 2018 at 9:58 pm

    @scott (the other one): Too late!

    God is good.

    To those who have supported us throughout this process….

    Thank you from the bottom of my heart.

    I will never forget you.

    — Michael Flynn Jr⭐️⭐️⭐️ (@mflynnJR) December 5, 2018

  13. 13.

    TS (the original)

    December 4, 2018 at 9:59 pm

    I have a new theory – Mueller is waiting until Nancy Pelosi is speaker, before revealing all.

  14. 14.

    Quaker in a Basement

    December 4, 2018 at 10:00 pm

    Also, they managed to get Flynn, Jr. to shut up, mostly.

  15. 15.

    Smedley Darlington Prunebanks (formerly Mumphrey, et al.)

    December 4, 2018 at 10:01 pm

    Yeah, I remember Fitzmas. Fitzmas sucked. I didn’t get anything I wanted.

  16. 16.

    hilts

    December 4, 2018 at 10:05 pm

    I hope Trump’s bowels are in an uproar because this fat fuck is going down sooner than he thinks.

  17. 17.

    feebog

    December 4, 2018 at 10:07 pm

    Flynn May be smarter than the rest o these assholes, but he is still an asshole.

  18. 18.

    Jeffro

    December 4, 2018 at 10:09 pm

    @TS (the original): I think that is one of the preferred branches on the flow chart he’s got mapped out, sure. Drop it all anytime after January 3rd. Whutchagonnado, Repubs?

  19. 19.

    Ohio Mom

    December 4, 2018 at 10:12 pm

    I hope that wherever he his, efgoldman, who often counseled patience (“remember how long Watergate took”), can appreciate his words coming true. Vindication is always enjoyable.

  20. 20.

    Kdaug

    December 4, 2018 at 10:12 pm

    “Stay on target…”

  21. 21.

    Mary G

    December 4, 2018 at 10:16 pm

    @Adam L Silverman: OMG there is a third generation. That poor little boy.

  22. 22.

    Mary G

    December 4, 2018 at 10:18 pm

    This is nice, too:

    Breaking on NC-9 Congressional race: Criminal investigation underway into voting irregularities in Bladen Cty North Carolina, says local DA. The investigation was initially centered on the 2016 election cycle, but now includes the 2018 election as well.— Jim Sciutto (@jimsciutto) December 5, 2018

  23. 23.

    Princess

    December 4, 2018 at 10:23 pm

    3)Flynn actually loves his family, unlike Trump, and is therefore willing to testify to protect his son.

  24. 24.

    A Ghost To Most

    December 4, 2018 at 10:23 pm

    It’s Arrestivus, for the rest of us

    Let the Airing of Grievances and feats of strength begin.

  25. 25.

    AliceBlue

    December 4, 2018 at 10:24 pm

    Looks like both the Democratic candidates in the GA runoff election are going down in flames.

  26. 26.

    LAO

    December 4, 2018 at 10:26 pm

    @A Ghost To Most: I really wish this site had a like button.

  27. 27.

    Patricia Kayden

    December 4, 2018 at 10:29 pm

    @trollhattan: He’s not going to be locked up though. He sang like a canary. Hopefully he’s making sure that others in Trump’s cabal will face jail time, including Trump and Donny Jr.

  28. 28.

    rikyrah

    December 4, 2018 at 10:31 pm

    @Jeffro:
    Race Bannon is up to his eyeballs in this Flynn mess.

  29. 29.

    ?BillinGlendaleCA

    December 4, 2018 at 10:31 pm

    @LAO: Maybe part of the new and improved update.

  30. 30.

    Schlemazel

    December 4, 2018 at 10:32 pm

    @TS (the original):
    I don’t think it matters. If he dumped everything tonight the GOP would whine & cry but do nothing. It would not be beneficial simply to wait for the new Congress. I think it is much more likely RMIII is following the evidence & a way that will generate facts and that happens on its own timeline. We jump on a useless rollercoaster thinking “OH THIS FRIDAY” or “RIGHT AFTER THE ELECTION” . to paraphrase Paul Masson, “He will bring no indictment before its time’

  31. 31.

    Aleta

    December 4, 2018 at 10:33 pm

    You know how rewards are offered for information “leading to the arrest/conviction of …”
    It’d be nice if the length of Flynn’s sentence could be based on “information leading to the conviction of.” (I know it can’t work that way.)

    Also, my impression is that a record of “distinguished military service” doesn’t always mean the person was honorable, uncorrupted or followed the law. It’s true for some, but advancements and judgements are internal and there’s a culture of protection that works for others.

    Maybe it shouldn’t be a given in his favor. Isn’t it likely that Flynn’s character didn’t conform to military values during his service either, and shouldn’t be shielded by it?

  32. 32.

    vhh

    December 4, 2018 at 10:37 pm

    @TS (the original): I have been thinking the same thing . . .

  33. 33.

    ??? Goku (aka Amerikan Baka)  ??

    December 4, 2018 at 10:38 pm

    @Schlemazel:
    I think you’re right. Mueller by all accounts is someone who really cares about the law and will pursue this as long as he can. He may be one of the last good Republicans left.

  34. 34.

    Marcopolo

    December 4, 2018 at 10:38 pm

    @AliceBlue: Yep. This does however lead to the following (probably not particularly insightful) thoughts. One, most of the country does not go any distance at all to make voting in elections as easy & natural as possible–and GA is a place where it is made extra hard. So getting folks organized & motived & to the polls in an off election highlights this most brightly/glaringly (just as really closely watched close elections tend to highlight absentee ballot tampering :)). On the positive side, I am glad to say I think that there are a lot of folks out there who are now making this a priority going forward for all locations & elections. Second, Stacey Abrams ran a fanfuckingtastic campaign & I will gladly support her in whatever political endeavor she cares to pursue going forward.

  35. 35.

    The Dangerman

    December 4, 2018 at 10:41 pm

    Isn’t this the point in Goodfellas where Henry has fingered Jimmy and Paulie and goes to live in PigFarts, Iowa? But Flynn isn’t going into Witness Protection so he best be rich because he won’t get a job to be so much as a Cinnabon Manager (mixing up my crime shows) and no Wingnut Gravy Train for you, Sir.

  36. 36.

    FlyingToaster

    December 4, 2018 at 10:42 pm

    @rikyrah: Which gives me a reason for optimism.

    After all, you indict and convict Agnew BEFORE you go after Nixon, right?

  37. 37.

    ??? Goku (aka Amerikan Baka)  ??

    December 4, 2018 at 10:44 pm

    @FlyingToaster:
    Hi! How have been?

  38. 38.

    Barbara

    December 4, 2018 at 10:45 pm

    @Princess: Not only that, he has at least the memory of what it means to serve someone besides yourself. Not many in Trump’s world can say the same.

  39. 39.

    hitchhiker

    December 4, 2018 at 10:48 pm

    Mueller … may be one of the last good Republicans left.

    I sometimes imagine him and his team confronting evidence that their party (and our country for the last 2 years) is now in the hands of an astounding collection of criminals. Do they ever look at each other across the conference table and just shake their heads in disgust?

  40. 40.

    Steve in the ATL

    December 4, 2018 at 10:58 pm

    @?BillinGlendaleCA: along with threaded comments—finally!

  41. 41.

    Aleta

    December 4, 2018 at 11:00 pm

    @Jeffro: If Flynn gave up Pence, enough to indict, I guess I could get on board with the ‘no time’ if it happens.

    But at least some community service…some way to donate any profits from books and exercise videos and autographed holsters…or repossessing his passport, cutting off his buttons in a ceremony on CSPAN.

  42. 42.

    JCJ

    December 4, 2018 at 11:00 pm

    I have not read the earlier threads, but I presume this may partly to counter Trump’s ability to signal a pardon. If you cooperate fully, there is leniency. Trump can signal that if you cooperate (like Cohen) he will cheer for your penalty and if you don’t he can pardon you (Arpaio.) I would still love to yell “Lock him up!” at Flynn

  43. 43.

    Steve in the ATL

    December 4, 2018 at 11:03 pm

    @??? Goku (aka Amerikan Baka)  ??:

    Mueller by all accounts is someone who really cares about the law and will pursue this as long as he can. He may be one of the last good Republicans left.

    Cautiously optimistic, but let’s not get too excited until something actually happens

  44. 44.

    Aleta

    December 4, 2018 at 11:05 pm

    @JCJ: That makes sense.

  45. 45.

    ??? Goku (aka Amerikan Baka)  ??

    December 4, 2018 at 11:09 pm

    @Steve in the ATL:

    One can only hope :-)

  46. 46.

    ??? Goku (aka Amerikan Baka)  ??

    December 4, 2018 at 11:10 pm

    @hitchhiker:
    I’ve wondered that myself many times.

  47. 47.

    seaboogie

    December 4, 2018 at 11:11 pm

    @TS (the original): This would be most excellent!

  48. 48.

    HumboldtBlue

    December 4, 2018 at 11:13 pm

    Ruth Buffalo had a good day yesterday.

  49. 49.

    seaboogie

    December 4, 2018 at 11:16 pm

    @Ohio Mom: I haven’t been checking in here regularly…is efgoldman still among the Juicerati?

  50. 50.

    randy khan

    December 4, 2018 at 11:18 pm

    @The Dangerman:

    Flynn isn’t going into Witness Protection so he best be rich because he won’t get a job to be so much as a Cinnabon Manager (mixing up my crime shows) and no Wingnut Gravy Train for you, Sir.

    I’m guessing there will be a book. I’m not sure who will buy it, though.

  51. 51.

    Mandalay

    December 4, 2018 at 11:18 pm

    @The Dangerman:

    he best be rich because he won’t get a job to be so much as a Cinnabon Manager…

    I think the exact opposite. I wouldn’t be surprised if he has already been promised some do-nothing job for a RWNJ think tank in DC with a salary of $300k, working with crazies like Frank Gaffney.

    And if he snitched enough for Trump to fall he’ll become a RWNJ hero for draining the swamp, and saving the republic from a draft dodging traitor.

    Cognitive dissonance is something else.

  52. 52.

    PJ

    December 4, 2018 at 11:25 pm

    @Mandalay: Yeah, Oliver North had a great career of grifting and wing nut radio after Iran Contra, there’s no way that Flynn doesn’t get something comparable.

  53. 53.

    FlyingToaster

    December 4, 2018 at 11:26 pm

    @??? Goku (aka Amerikan Baka)  ??: Tonight the 3rd item in our clothes dryer failed (previously replaced: themal fuse and door switch): the motor. It’s still cheaper to replace it than buy a new one, but it’s fucking aggravating.

    And the teachers have been convinced not to have a “live demo” of making either latkes or sufganiyot; the “375° hot oil” was sufficient to scare them off.

    I unpied you after a week, dude. You calmed down, so all is forgiven, if not necessarily forgotten.

    If one chooses to be an asshole (and I certainly do that, from time to time), one accepts the consequences. Inevitably.

  54. 54.

    CarolDuhart2

    December 4, 2018 at 11:26 pm

    He may also have a TSP (Thrift Savings Plan, the 401k for Federal Employees) in addition. If so, given his salary, he may have more than a million in that. If so, he may not need to work if he’s careful with his money. And of course, we have no knowledge of what his wife may have as assets as well. Given his age, he may be content to be a name on a letterhead kind of worker. So no need for a real job with real effort.

  55. 55.

    sukabi

    December 4, 2018 at 11:42 pm

    @scott (the other one): I think his dad duct taped his mouth and locked him on the basement until his talks with Mueller were concluded…I expect he’ll make an appearance shortly and step in a huge pile.

  56. 56.

    Gin & Tonic

    December 4, 2018 at 11:45 pm

    @seaboogie: He’s been hospitalized and checks in sporadically. He expects to be home for Christmas.

  57. 57.

    Aleta

    December 4, 2018 at 11:53 pm

    Not saying there’s direct comparison. But, to remember her.

    NYT Aug. 23, 2018
    Reality Winner, the former Air Force linguist and intelligence contractor who pleaded guilty in June to leaking a top-secret government report on Russian hacking, was sentenced on Thursday to five years and three months in federal prison.
    …
    Prosecutors said her sentence was the longest ever imposed in federal court for an unauthorized release of government information to the media.

    She was arrested in June 2017 and was held for more than a year while prosecutors built a case. She pleaded guilty in June 2018 to one felony count of unauthorized transmission of national defense information, for giving a classified report about Russian interference in the 2016 election to a news outlet.

    Prosecutors said on Thursday that Ms. Winner’s actions merited a stiff sentence. “Winner’s purposeful violation put our nation’s security at risk,” United States Attorney Bobby L. Christine (said). He said the report she leaked revealed sources and methods of intelligence gathering, and its disclosure “caused exceptionally grave damage to U.S. national security.” He added that she “knowingly and intentionally betrayed the trust of her colleagues and her country,” and was “the quintessential example of an insider threat.”

    Ms. Winner was fresh out of the Air Force and a few months into a job as a translator for the National Security Agency in May 2017 when prosecutors say she printed a report from her work computer that detailed hacking attacks by a Russian intelligence service against local election officials and voter registration databases.

    [She mailed it to The Intercept.] Following a trail of clues, the F.B.I. soon arrested Ms. Winner two days before the Intercept published the classified report.

    Addressing Chief Judge J. Randall Hall in court on Thursday, Ms. Winner said she took “full responsibility” for the “undeniable mistake I made.” She said she “would like to apologize profusely” for her actions.

    Ms. Winner’s lawyers asked the judge to take into account in sentencing that she had served honorably in the Air Force, had been a top student and had no prior criminal record.

  58. 58.

    Burnspbesq

    December 4, 2018 at 11:56 pm

    @Aleta:

    When she gets out, i hope she gets ten minutes alone with Greenie in a locked room.

  59. 59.

    2liberal

    December 5, 2018 at 12:45 am

    Flynn is crazy and a total fucking asshole, but he’s not as dumb as many others in Trump world, knows when he is caught, and is smart enough to listen to his lawyers when they tell him to cooperate because he does not want to die in jail.

    according to a valued commenter in another thread Flynn was facing 6 months in prison if he didn’t sing.

  60. 60.

    Mandalay

    December 5, 2018 at 1:02 am

    @CarolDuhart2:

    He may also have a TSP (Thrift Savings Plan, the 401k for Federal Employees) in addition. If so, given his salary, he may have more than a million in that. If so, he may not need to work…

    His lawyers have probably already secured that as a downpayment for what Flynn will eventually owe them.

  61. 61.

    NotMax

    December 5, 2018 at 3:09 am

    @2liberal

    Flynn’s plea agreement got his son removed from the criminal equation.

    No one seems to remember that.

  62. 62.

    Michael Bersin

    December 5, 2018 at 7:42 am

    @clay:

    For the win.

  63. 63.

    lee

    December 5, 2018 at 8:22 am

    @Princess:
    @NotMax:

    That was my wife & I take on it as well: Flynn sang like a bird to protect his son.

    Of all his son’s tweets that is probably the smartest of them. A generic thanking of their supporters. I can see him going with a ‘HA TOLD YOU NO PRISON FOR US!!!LOL’

  64. 64.

    misterpuff

    December 5, 2018 at 4:07 pm

    @Mandalay: Isn’t that 0 – 6 months / lie?

  65. 65.

    seaboogie

    December 5, 2018 at 10:53 pm

    @Gin & Tonic: Thank you…feeling a little bit relieved.

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