Longtime federal prosecutor Andrew McCarthy just made a compelling argument that former national security advisor Michael Flynn’s plea deal and decision to testify that candidate Donald Trump instructed him to contact the Russian government is small potatoes:
SEE ALSO: BREAKING: Mike Flynn CHARGED After Plea Deal
Nevertheless, as I explained in connection with George Papadopoulos (who also pled guilty in Mueller’s investigation for lying to the FBI), when a prosecutor has a cooperator who was an accomplice in a major criminal scheme, the cooperator is made to plead guilty to the scheme. This is critical because it proves the existence of the scheme. In his guilty-plea allocution (the part of a plea proceeding in which the defendant admits what he did that makes him guilty), the accomplice explains the scheme and the actions taken by himself and his co-conspirators to carry it out. This goes a long way toward proving the case against all of the subjects of the investigation.
That is not happening in Flynn’s situation. Instead, like Papadopoulos, he is being permitted to plead guilty to a mere process crime. A breaking report from ABC News indicates that Flynn is prepared to testify that Trump directed him to make contact with the Russians — initially to lay the groundwork for mutual efforts against ISIS in Syria. That, however, is exactly the sort of thing the incoming national-security adviser is supposed to do in a transition phase between administrations. If it were part of the basis for a “collusion” case arising out of Russia’s election meddling, then Flynn would not be pleading guilty to a process crime — he’d be pleading guilty to an espionage conspiracy.
Understand: If Flynn’s conversations with the Russian ambassador had evinced the existence of a quid pro quo collusion arrangement — that the Trump administration would ease or eliminate sanctions on Russia as a payback for Russia’s cyber-espionage against the Hillary Clinton campaign and the Democratic party — it would have been completely appropriate, even urgently necessary, for the Obama Justice Department to investigate Flynn. But if that had happened, Mueller would not be permitting Flynn to settle the case with a single count of lying to FBI agents. Instead, we would be looking at a major conspiracy indictment, and Flynn would be made to plead to far more serious offenses if he wanted a deal — cooperation in exchange for sentencing leniency.
Very persuasive. Still, it appears Flynn sought out the deal and that Mueller gave him a broad pass – given all he investigated Flynn for – which leaves more questions.
Update: Ross Douthat makes another excellent point:
Just a reminder: George McGovern sent Pierre Salinger to meet with North Vietnamese during 1972 election. The nature and purpose of the contacts is what would carry us toward impeachment, not their mere existence.
— Ross Douthat (@DouthatNYT) December 1, 2017
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AAN Staff
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