THE LEAD STORY – FLYNN'S OPTIONS: A federal judge on Tuesday delayed sentencing once again for former national security adviser Michael Flynn -- a surprise decision at a dramatic hearing where the judge tore into the defendant and even questioned whether Flynn committed treason before walking back his comments ... The defense asked for a sentencing delay after U.S. District Judge Emmet G. Sullivan questioned Flynn's cooperation in a separate case and tore into the defendant and warned he couldn’t guarantee that Flynn wouldn’t get prison time. Sullivan asked both sides to file a status report due March 13. Later Tuesday, he ordered Flynn to stay within 50 miles of the D.C. area and give up his passport by January.
In an op-ed for FoxNews.com, legal scholar Alan Dershowitz says Flynn has a few limited options for avoiding a prison sentence. He writes: "Now that the judge has signaled his willingness to consider a prison sentence, Flynn has three options – none of them good. Flynn’s first option is to ask the judge to throw out his questionable guilty plea – but it will be difficult to do so in light of his statement at the sentencing hearing that he accepts his guilty plea and knew he was doing wrong when he lied to the FBI.
Flynn’s second option is to cooperate even more, but there may not be much more he can say or do. If he admits he withheld some cooperation that would hurt him. The former national security adviser’s third option – a nuclear one – would be to seek to recuse Judge Sullivan because of the judge’s prejudicial misstatements about treason and about Flynn being a foreign agent while working in the White House.
- Howard Kurtz: Judge explodes media consensus that Flynn wouldn't face jail
- Jonathan Turley: Judge surprises Flynn at sentencing hearing – Here's what to expect next
- Deroy Murdock: Flynn's guilty plea should be thrown out
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