Prominent Former Fed Prosecutor: Mueller's Flynn Sentencing Memo 'Biggest Feint Of All Time'


Former federal prosecutor Andrew McCarthy called special counsel Robert Mueller’s sentencing memo concerning President Donald Trump’s former national security adviser, Michael Flynn, “the biggest feint of all time.”

McCarthy explained on Fox News’ “America’s Newsroom” on Wednesday that “no federal judge in America” was going to put Flynn in jail, whether Mueller submitted his cooperation memo recommending no prison time or not.

McCarthy argued that the special counsel knew this would be the outcome.

“I think this is the biggest feint of all time. I really do. And I can’t believe that people aren’t screaming about this,” he said.

“General Flynn is going to get a no-jail sentence,” McCarthy predicted.

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The 20-year veteran prosecutor for Southern District of New York continued: “If Mueller had said nothing, General Flynn was going to get a no-jail sentence. He committed a process crime, which has sentencing guidelines of zero to six months. But he’s a first offender, and on the positive side of the ledger, he’s got a 30-year history of courageous, decorated service to the United States.”

Fox News host Bill Hemmer questioned why Mueller submitted his memo if what McCarthy is saying is true.

“When the judge walks Flynn … what will be reported is that he was given a no-jail sentence because of the great cooperation that he gave to Mueller’s investigation,” he answered.

McCarthy — who successfully prosecuted the “Blind Sheikh” (Omar Abdel Rahman) for the 1993 World Trade Center bombing — went on to contend that Mueller clearly does not have an admission from Flynn regarding collusion with Russia during the 2016 presidential campaign.

Do you agree that Mueller is engaging in a feint regarding Flynn?

“What I’m saying is I think there’s no there there, but they’ve orchestrated it in a way that looks like there’s explosive cooperation in there. … If it was explosive cooperation, Flynn would not have pled guilty to false statements, he would have pled guilty to espionage conspiracy and he would not be being sentenced today,” said McCarthy. “He’d be being held back to testify in some big proceeding. But they don’t have it.”

Flynn’s attorneys filed a sentencing memo on Tuesday seeking probation and community service for their client in light of his full cooperation with the Mueller probe, CBS News reported.

The legal team also highlighted that FBI agents deliberately did not inform him during their initial casual sitdown that making false statements could constitute a crime. Further, then-FBI Deputy Director Andrew McCabe dissuaded him from having an attorney present at that meeting.

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Fox News reported that according to the agents’ account of the meeting, Flynn was “relaxed and jocular” and gave the agents a “little tour” of his West Wing office.

A House Intelligence Committee report released in May revealed that McCabe testified that the agents, after speaking with Flynn, “didn’t think he was lying.”

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Randy DeSoto has written more than 2,000 articles for The Western Journal since he joined the company in 2015. He is a graduate of West Point and Regent University School of Law. He is the author of the book "We Hold These Truths" and screenwriter of the political documentary "I Want Your Money."
Randy DeSoto is the senior staff writer for The Western Journal. He wrote and was the assistant producer of the documentary film "I Want Your Money" about the perils of Big Government, comparing the presidencies of Ronald Reagan and Barack Obama. Randy is the author of the book "We Hold These Truths," which addresses how leaders have appealed to beliefs found in the Declaration of Independence at defining moments in our nation's history. He has been published in several political sites and newspapers.

Randy graduated from the United States Military Academy at West Point with a BS in political science and Regent University School of Law with a juris doctorate.
Harrisburg, Pennsylvania
Graduated dean's list from West Point
United States Military Academy at West Point, Regent University School of Law
Books Written
We Hold These Truths
Professional Memberships
Virginia and Pennsylvania state bars
Phoenix, Arizona
Languages Spoken
Topics of Expertise
Politics, Entertainment, Faith