Judge floats December sentencing date for Flynn

Judge floats December sentencing date for Flynn
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The federal judge overseeing former White House national security adviser Michael Flynn’s case proposed Dec. 18 for Flynn’s sentencing for lying to the FBI, according to Politico.

“It kind of brings some finality to this case,” U.S. District Judge Emmet Sullivan, a Clinton appointee, said during the Tuesday hearing, according to the publication.

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The date, which has yet to be finalized, is the first anniversary of Flynn’s initial sentencing date, which Sullivan postponed to allow Flynn to continue cooperating with then-special counsel Robert MuellerRobert (Bob) Swan MuellerFox's Cavuto roasts Trump over criticism of network Mueller report fades from political conversation Trump calls for probe of Obama book deal MORE’s investigation.

Flynn’s new legal team pushed for more time before sentencing, with Sidney Powell, one of his attorneys, saying Tuesday that she is seeking a court order to force the government to turn over material she says could be exculpatory, according to Politico. However, Powell said Flynn has no plans to withdraw from the 2017 plea deal.

Federal prosecutors have said they will ask Sullivan not to sentence Flynn to any jail time due to his “extensive cooperation” in Mueller’s probe, but Justice Department attorney Brandon Van Grack said Tuesday that federal prosecutors will refile a new sentencing memo, although they did not say whether it would recommend a harsher punishment than a year’s probation as suggested.

Flynn cannot change his guilty plea, but since replacing his original defense team with Powell in June his defense strategy has shifted, focusing on accusations of prosecutorial misconduct, according to Politico.

Sullivan scheduled an Oct. 31 hearing for Powell’s request for the so-called Brady material, while the Justice Department has claimed it does not know of any such documents it is required to disclose and that Flynn is not entitled to any classified materials, according to Politico.