Judge Sullivan's Calculus : General Flynn's Vindication Isn't a Question of Law - it's a Question of Time.
Bob Mueller decided to take General Flynn hostage, in front of Justice Emmett Sullivan today. Judge Sullivan didn't bite. And as REX explains, it's a decision Mueller is likely to deeply regret, in 2019 - or much sooner.
Like many, I was expecting a different outcome from today's sentencing hearing for General Flynn.
The wretched history of the case, combined with revelations of recent days exposing the disgraceful way General Flynn was set up by the likes of Comey, McCabe, Strzok and Yates, gave many of us high expectations that by now, General Flynn would be a free man.
However, I forgot a lesson that I explained in a recent article, explaining POTUS Trump's logic in delaying declassification : don't move against your enemies, when they still have a voice.
To his credit, Judge Emmett Sullivan didn't forget that lesson.
Judge Sullivan knows General Flynn is innocent of the crime in his guilty plea. BUT he also knows that while rogue cop Mueller is weak, he still has a voice.
The best solution? Throw the General a lifeline, while boxing Mueller in and tying him to a weakening hand.
Mueller as Hostage-Taker
Here's a scenario that explains Sullivan's position : a rogue cop (Mueller) entered his court, holding a pistol with two bullets loaded in the chamber (Logan Act / FARA violation charges), to an innocent man's (General Flynn's) head.
The cop's threat? 'If you throw this case out, I will pull the trigger.'
The pistol? It's old and never used before : let's call it a Logan (FARA model).
What would you do, if you were the judge?
Again, Judge Sullivan knows that Flynn is innocent of the crime the General admitted to, in his guilty plea.
The Judge also knows that Flynn’s plea deal has been coerced by Mueller. It’s dodgy trash.
Not just that - Sullivan knows that General Flynn knows, he is innocent. Judge Sullivan won’t taint his court’s reputation by sanctioning a dodgy plea deal, hence this comment:
”I cannot recall any incident in which the court has accepted a plea of guilty from someone who maintained he was not guilty - and I don’t intend to start today.”
But Sullivan is also aware that Mueller is holding a pistol, to Flynn's head. If he throws the case out, or if Flynn withdraws the plea, Mueller will charge Flynn with breaches of the Logan Act, as well as violations of FARA.
Not just that - Judge Sullivan knows the rogue cop has threatened to go after the innocent Flynn’s son.
Forget that the Logan Act/FARA charges are likely nonsense, from a legal perspective. Mueller would lose on both charges, which is why he hasn't brought the case to date. But Mueller isn't interested in justice. Mueller's despicable MO is by now obvious: throw mud at clean individuals, then find a way to make it stick for as long as possible, for maximum political damage.
Judge Sullivan knows Mueller's MO. He understands full well what this dirty prosecutor and his goons, are capable of. If the General withdraws his guilty plea, or the case is thrown out, there’s a strong risk that the rogue cop is going to pull that trigger. And then his FakeNews buddies, who run the town newspaper, are going to frame General Flynn as a traitor, yet again.
What would you do?
Judge Sullivan's Calculus
Sure, there's only two bullets in Mueller's chamber. And it's an old pistol.
It may not be a kill shot, if Mueller pulls the trigger on an empty chamber.
But then again, the pistol may fire.
Sullivan reminded Mueller’s dog, Van Grack, that no one has ever shot a man with a Logan bullet before. It may misfire. Yet he’d privately know that even if the legal bullet misfires, the political one may destroy Flynn’s life.
Faced with that situation, Judge Sullivan kicked the ball down the road and set a status hearing, for March 2019. By postponing sentencing again, Sullivan knows its very unlikely that rogue cop Mueller will pull the FARA/Logan trigger.
Sullivan also knows that Mueller’s hand is growing weaker, as time moves on. By March 2019, rogue cop Mueller and his posse may well have been run out of town.
The calculus is clear: the judge also knows that by March 2019, it’s very likely that more incriminating exculpatory evidence will be revealed, showing what we already know : Flynn is innocent and was entrapped by crooked Obama FBI/DOJ officials, using dirty evidence. That was then used to frame the General, by the Obama/Clinton dirty cop, Bob Mueller.
And that by then, POTUS Trump may well have solved this problem once and for all, by declassifying materials that expose what these crooks have been up to - with a full pardon for Lt Gen Michael Flynn.
The path must be cleared of all obstacles, for justice to shine.
General Flynn will be vindicated. As Judge Sullivan knows, Flynn is an innocent man. It's not a question of law.
It's just a question of time.