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.
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.”
— America’s Newsroom (@AmericaNewsroom) December 12, 2018
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.
“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.”
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.
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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