Flynn asks for another delay in his sentencing

Flynn asks for another delay in his sentencing
© Getty Images

President TrumpDonald John TrumpKimberly Guilfoyle reports being asymptomatic and 'feeling really pretty good' after COVID-19 diagnosis Biden says he will rejoin WHO on his first day in office Lincoln Project offers list of GOP senators who 'protect' Trump in new ad MORE’s former national security adviser, Michael Flynn, is done cooperating in special counsel Robert MuellerRobert (Bob) MuellerCNN's Toobin warns McCabe is in 'perilous condition' with emboldened Trump CNN anchor rips Trump over Stone while evoking Clinton-Lynch tarmac meeting The Hill's 12:30 Report: New Hampshire fallout MORE’s investigation, but is asking a federal judge to delay his sentencing until he is finished cooperating in another case involving his former business partner.

In a joint filing with Flynn’s defense attorneys late Tuesday, Mueller’s prosecutors said Flynn “continues to request a continuance” in his sentencing because the foreign lobbying case involving his former business partner, Bijan Kian, has not been “resolved,” noting he could testify at Kian’s upcoming trial.


The filing notes, however, that Flynn’s cooperation in Mueller’s investigation into links between the Trump campaign and Moscow is “otherwise complete.”

“The government takes no position on the defendant’s request for a continuance,” the filing states. “However, while the defendant remains in a position to cooperate with law enforcement authorities, and could testify in the [Eastern District of Virginia] EDVA case should it proceed to trial, in the government’s view his cooperation is otherwise complete.”

Flynn’s request to delay his sentence does not come as a surprise. The new filing comes three months after his sentencing was abruptly delayed when a federal judge admonished him for committing a “serious offense” by lying to the FBI about his contacts with the Russian ambassador and suggested he was likely to impose a stern sentence on the former Trump aide.

Flynn pleaded guilty to lying to the FBI about his contacts with then-Russian Ambassador Sergey Kislyak about sanctions on Moscow back in December 2017 as part of a deal to cooperate in Mueller’s investigation.

Flynn worked on the Trump campaign and briefly served as Trump’s national security adviser until February 2017, when he was forced to resign over revelations about his conversations with Kislyak.

While prosecutors sought to delay Flynn’s sentencing for nearly a year, they told a federal judge last September that Flynn was ready to be sentenced — a signal Mueller’s team was done gleaning information from him.

Mueller had asked for a lenient sentence and requested no jail time for Flynn, citing his “substantial assistance” in the Russia investigation. However, U.S. District Judge Emmet Sullivan tore into Flynn during an explosive court hiring in Washington, D.C., last year, describing himself as disgusted by Flynn’s actions while he was a high-ranking White House official.

Flynn’s attorneys took Sullivan up on an offer to delay his sentencing until his full cooperation with the government is realized — a move that may ultimately lessen his sentence. Flynn is expected to testify at Kian’s upcoming trial. Kian, who co-founded the Flynn Intel Group, was indicted on federal charges for illegal foreign lobbying late last year.

Kian has pleaded not guilty to the charges and his trial is slated to begin in federal court in Alexandria, Va. in July.

Prosecutors and Flynn’s defense attorneys on Tuesday asked to file a status report in 90 days to update the judge on Flynn’s cooperation.

“At this time, the defendant continues to request a continuance since the case in EDVA has not been resolved, and there may be additional cooperation for the defendant to provide pursuant to the plea agreement in this matter,” the filing states.