I’d like to defend Judge Emmet Sullivan’s intemperate mentions of unregistered foreign agents and treason in the Mike Flynn sentencing hearing yesterday. [Apologies but I’m not linking to the transcript at this time.] Not only has the discussion about his comments gotten the precise language used wrong, but it fails to understand the import of Mike Flynn’s lies about being an agent of the Turkish government.
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Now, I will be honest with you: I was screaming at Sullivan when I read this being tweeted out in real time, in part because I spend so much time arguing that Trump and his flunkies won’t be charged with treason because we’re not at war. I do think, in an effort to convey to Flynn just how reprehensible he believes his actions were, Sullivan got out over his skis. But I think his comments are far more defensible — and telling — than much of the commentary appreciates.
Here’s why.
First, even the docket makes it clear that there are a bunch of sealed documents that Sullivan has gotten, including an ex parte version of the government’s addendum describing Flynn’s cooperation. Sullivan started the hearing yesterday emphasizing that point, then returned to it after he had gotten Flynn to plead guilty again under oath.
First, even the docket makes it clear that there are a bunch of sealed documents that Sullivan has gotten, including an ex parte version of the government’s addendum describing Flynn’s cooperation. Sullivan started the hearing yesterday emphasizing that point, then returned to it after he had gotten Flynn to plead guilty again under oath.
By yesterday morning, Emmet Sullivan probably became one of the few people outside Mueller’s team and his DOJ supervisors that understands the activities that Trump and his associates, including Flynn, engaged in from 2015 to 2017. He understands not just the significance of Flynn’s lies, but also how those lies tied to graft and conspiracy with foreign countries — countries including, but not limited to, Russia.
It should gravely worry the Trump people that Sullivan’s comments about whether Flynn’s behavior was treasonous came from someone who just read about what the Mueller investigation has discovered.