Mueller asks judge to ignore Flynn's 'attempt to minimize' his crime

Lawyers for Trump's former national security adviser Michael Flynn asked a judge Tuesday to spare him prison time, saying he had devoted his career to his country and taken responsibility for an "uncharacteristic error in judgment". The prosecutors added last week that they believed Flynn should serve little or no prison time. "They convinced him he did lie, and he made some kind of a deal", Trump said in the television interview.

Since Mueller's obvious conflicts of interest-including his ties to former FBI Director James Comey, his service under the Obama administration, and a team of biased prosecutors-"other good cause" could be the failure to produce court-ordered documents related to the Flynn case or the special counsel's office scrubbing the iPhones used by Strzok and Page during their brief time on the team, or both.

The special counsel's office also notes that Flynn, who was previously a high-ranking national security official, should have been cognizant of what he was doing.

The memo is expected to emphasize the retired Army lieutenant general's three decades in the military, including five years in combat, and his acceptance of responsibility for his actions early on in the Russian Federation investigation.

Fox News' Chris Wallace joined Shepard Smith this afternoon to react to Robert Mueller firing back at Michael Flynn's claims about the circumstances of his January 2017 Federal Bureau of Investigation interview.

It also prompted a quick response from Judge Emmet G. Sullivan of the U.S. District Court for the District of Columbia, who is presiding over the case.

Last year, Deputy FBI Director Andrew McCabe called Flynn and suggested he talk with two FBI agents to talk about his communication with Russian Ambassador Sergey Kislyak.

Flynn initially denied but eventually said that they had discussed sanctions and a United Nations resolution during the presidential transition.

"A sitting National Security Adviser, former head of an intelligence agency, retired Lieutenant General, and 33-year veteran of the armed forces knows he should not lie to federal agents", Mueller's office said in the court filing.

"The circumstances of the defendant's interview, which are further described below, are not mitigating", attorneys for the special counsel said.

The FBI interview took place on January 24, 2017, soon after Trump took office.

According to notes from a July 2017 FBI interview with Peter Strzok - the lead FBI agent who interviewed Flynn and who later got kicked off the Russian Federation probe for anti-Trump texts - then-FBI Director James Comey was only going to tell Yates right before the interview about the plan, though he ended up telling her a little earlier when she called him about another matter.

During the interview, Flynn denied asking Kislyak that Russian Federation refrain from reacting harshly to sanctions imposed by the Obama administration over Russia's campaign of disruption and said he did not remember Kisklyak saying that Moscow had backed off as a result of Flynn's request.

Mueller recounted the officials Flynn allegedly lied to, including Vice President Mike Pence.

For two weeks following the Post column, "the defendant repeated the same false statements to multiple members of the presidential transition team", the prosecutors wrote.

Flynn, who became Trump's national security adviser before he resigned in February 2017, has been cooperating with investigators since, though most of his 19 interviews with the special counsel team occurred early this year, a source close to Flynn has told ABC News.

Flynn, according to McCabe's memo, explained he had been trying to "build relationships" with the Russians. He also says his now-former lawyer, Cohen, lied to get a lighter sentence in NY.

  • Joey Payne