My Sunday "On The Record" Feeling

And now, a little something from the public recorded. Where EVEN YOU can look up the facts if you are so inclined.


"The preceding statement is a summary, made for the purpose of providing the Court with a FACTUAL BASIS for my guilty plea to the charge against me.  It does not include all of the facts known to me regarding this offense. I make this statement KNOWINGLY AND VOLUNTARILY because I am, IN FACT, GUILTY of the crime charged.  No threats have been made to me nor am I under the influence of anything that could impede my ability to understand this Statement of the Offense fully.

I have read every word of this Statement of the Offense, or have had it read to me.  Pursuant to Federal Rule of Criminal Procedure 11, after CONSULTING WITH MY ATTORNEYS, I AGREE and STIPULATE to this Statement of the Offense, and DECLARE UNDER PENALTY OF PERJURY that it is TRUE AND CORRECT."

Defendant's Acceptance of Statement of Offense in United States vs. Flynn, USDC No. 17-cr-0232 at Document 4.  Executed by Defendant on November 30, 2017 (emphasis supplied).

"I have read this Statement of Offense, and have REVIEWED IT with my client FULLY.  I CONCUR in my client's desire to ADOPT and STIPULATE to this Statement of the Offense as TRUE AND ACCURATE."

Attorney's Acknowledgement of the Defendant's Acceptance, executed by both attorneys for Flynn on that same date.  

                                                *******

" I cannot recall any incident in which the Court has ever accepted a plea of guilty from someone who maintained that he was not guilty and I don't intend to start today."

Transcript of United States District Judge Emmet Sullivan at the sentencing hearing of Michael Flynn on December 18, 2018, pg. 7, lines 15-17.

THE COURT: "All right. Thank you, Counsel. Thank you both.  Mr. Flynn, anything else you want to discuss with me about your PLEA OF GUILTY?  This is not a trick. I'm not trying to trick you.  IF YOU WANT SOME TIME TO WITHDRAW YOUR PLEA or TRY TO WITHDRAW YOUR PLEA I'll give you that time.  If you want to PROCEED BECAUSE YOU ARE GUILTY OF THIS OFFENSE, I will FINALLY ACCEPT YOUR PLEA.

THE DEFENDANT: "I would like to PROCEED, Your Honor."

THE COURT; All right. BECAUSE YOU ARE GUILTY OF THIS OFFENSE?"

THE DEFENDANT: "YES, Your Honor" 

THE COURT: All right. I am satisfied that Mr. Flynn entered his guilty plea while COMPETENT and capable.  He UNDERSTOOD the NATURE OF THE CHARGES AGAINST HIM and the CONSEQUENCES OF PLEADING GUILTY. Having carefully  read all the materials provided to the Court in this case, including those materials reviewed under seal and in-camera, I CONCLUDE that there WAS AND REMAINS to be a FACTUAL BASIS  for Mr. Flynn's PLEA OF GUILTY."

TRANSCRIPT OF SENTENCING HEARING, page 15, lines 21-25 and page 16, lines 1-15. 

Elsewhere in the transcript Flynn told the Court he knew that lying to the FBI was a "federal crime" and that he had no "challenge with the circumstances" by which he was interviewed by the FBI. He was given the opportunity twice by the Judge to withdraw his guilty plea before the Judge accepted it and he declined it both times (Actually he was given the opportunity three times given the colloquy above. Not only that,his attorney advised the Court that he did not believe that Flynn had been entrapped.

Now I don't know if Flynn's attempt to withdraw the guilty plea under these circumstances constitutes Criminal Contempt of Court or not.  

I do know that it's pretty clear that, as the old expression goes, Michael Flynn has done pissed off the Judge.  And that ain't gonna help him any.

These are indeed amazing times in which we live.  There are as many amateur experts on Federal Criminal Procedure running around on Facebook nowadays as there are amateur epidemiologists.

You can get your news from FOX if you want. But you can’t deny that this is what the man told the Court under penalty of perjury.

As the Old Perfesser Casey Stengel used to say, “You could look it up.”