Northwest Arkansas Democrat-Gazette
Lawyers: Flynn still cooperating
WASHINGTON — In Michael Flynn’s first appearance in federal court since pleading guilty seven months ago, his lawyers confirmed that he continues to work with the government and is eager to be sentenced and wrap up his case.
But it was no clearer after Tuesday’s hearing when President Donald Trump’s former national security adviser’s federal case will conclude.
Flynn admitted in December to lying to the FBI about contacts with then-Russian Ambassador Sergey Kislyak, becoming one of the first Trump associates to cooperate —and the highest-ranking official charged — in special counsel Robert Mueller’s investigation of Russian interference in the 2016 presidential election.
At Tuesday’s hearing, Flynn attorney Robert Kelner told the judge his cooperation agreement with prosecutors remains in effect. “Gen. Flynn is eager to proceed [to sentencing] when it is possible. With the cooperation agreement, it really is up to the government to make that determination,” Kelner said.
Flynn did not speak at Tuesday’s hearing, and his lawyers filed nothing in advance to suggest that he has had any second thoughts about his plea or raised concerns before U.S. District Judge Emmet Sullivan of Washington.
Sullivan called for the hearing after defense and prosecutors jointly asked him on June 29 to begin sentencing preparations, while at the same time saying it still was too soon to set sentencing given the “status” of the ongoing investigation.
Sullivan asked why he should break with his usual practice, which is to set a sentencing date at the same time he launches the pre-sentencing review. Dissatisfied with both sides’ response, Sullivan directed Flynn to come to court.
Sullivan also said he wanted a chance to meet Flynn for the first time and get to know the parties before sentencing. A different Washington judge, U.S. District Judge Rudolph Contreras, took Flynn’s plea Dec. 1, before recusing himself for undisclosed reasons.
In a joint reply to the judge, prosecutor Brandon Van Grack and Flynn attorney Kelner had said that although they still wanted to postpone sentencing and could update Sullivan again about timing on Aug. 24, they had asked to launch the pre-sentence investigation because it would eventually help the court schedule move more quickly.
The August date “may come and go. That’s fine as well, the court is not going to pressure parties to sentencing,” Sullivan said. But whenever they did want to proceed, the judge said he could “schedule sentencing in 60 days, as opposed to the traditional 90 days.”
Flynn resigned from his top White House post in February 2017 after the White House said that he misled Vice President Mike Pence and other administration officials about his contacts with Kislyak.