Various FBI officials also lied and acted in arguably criminal or unethical ways, but all escaped without charges. McCabe had a supervisory role in the Flynn prosecution. He was then later found by the Justice Department inspector general to have repeatedly lied to investigators. While his case was referred for criminal charges, McCabe was fired but never charged. Strzok was also fired for his misconduct in the investigation.

Comey intentionally leaked FBI material, including potentially classified information but was never charged. Another FBI agent responsible for the secret warrants used for the Russia investigation had falsified evidence to maintain the investigation. He is still not indicted. The disconnect of these cases with the treatment of Flynn is galling and grotesque.

Even the judge in the case has added to this disturbing record. As Flynn appeared before District Judge Emmet Sullivan for sentencing, Sullivan launched into him and said he could be charged with treason and with working as an unregistered agent on behalf of Turkey. Pointing to a flag behind him, Sullivan declared to Flynn, “You were an unregistered agent of a foreign country while serving as the national security adviser to the president of the United States. That undermines everything this flag over here stands for. Arguably, you sold your country out.”