A sentencing usually is the end result of a criminal case, but in the matter of former National Security Adviser Michael Flynn, that might not be the case, former Attorney General Michael Mukasey said Tuesday before the retired general's sentencing hearing.
"Usually a sentencing is the end of the case, because you know what's going to happen to the defendant," Mukasey, who served under former President George W. Bush, told Fox News' "America's Newsroom." "You know if he is a cooperator, you know what he did to earn the diminished sentence. Here, it is just the beginning because we don't know what he did to earn a recommendation from the government that he not go to jail, and we don't know a lot about the underlying facts. "
Flynn pleaded guilty to lying to the FBI about his communications in 2016 with then-Russian Ambassador Sergey Kislyak, and why he did that is "really kind of difficult," said Mukasey.
"If you look at the report on the interview, his answers are somewhat equivocal," said Mukasey. "He says well, I didn't really try to persuade Kislyak not to overreact to our sanctions...usually a false statement case is a lot sharper than that. Now, obviously why did he plead guilty to it? To avoid something worse? Stories there was pressure on his son and obviously if there was, that's a good reason."
It is also unusual that special counsel Robert Mueller has recommended Flynn not serve any time in prison because of his cooperation, said Mukasey.
"The question is whether they prosecuted this case because, or agreed to recommend no jail, because their case as to this statement was kind of weak. The question really is why he pleaded guilty. If he pleaded guilty to avoid something worse, the question is what's the worst? "
Sandy Fitzgerald ✉
Sandy Fitzgerald has more than three decades in journalism and serves as a general assignment writer for Newsmax covering news, media, and politics.
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