Note to Michael Flynn: Federal court is not Twitter

Flynn’s lawyers argued in his brief that the FBI wronged him: wronged him by discouraging him from having an attorney present during his interview, by failing to warn him that false statements during the interview would be a crime, and by not telling him that his answers were inconsistent with their evidence so that he could correct himself. The Flynn-as-Deep-State-victim narrative was pleasing to Trump partisans and Mueller foes, but suicidally provocative to a federal judge at sentencing.

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Federal judges demand sincere acceptance of responsibility from people pleading guilty, especially when they’re cooperating with the government, and especially when they’re asking for a lenient sentence. Flynn’s sentencing arguments effectively told Sullivan that Flynn saw himself as a victim, rather than a contrite wrongdoer. Sullivan seized ominously on that issue from the start of the hearing, interrogating Flynn’s attorneys about how their argument could be consistent with acceptance of responsibility. Eventually he forced Flynn and his attorneys to concede that they were not arguing that Flynn was entrapped or that his rights were violated, and made Flynn repeat several times that he had pled guilty because he was, in fact, guilty. Flynn was surprised, but criminal defense attorneys weren’t: That’s what happens when you deflect blame at your own sentencing.

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