The FBI did not treat Flynn fairly, but while the Bureau’s situational ethics leave much to be desired, its aggressive tactics did not violate the law.
So. . . it turns out Michael Flynn was not sentenced on Tuesday.
No sentence does not mean no drama. We were treated to the notoriously unscripted Judge Emmet Sullivan suggesting that Flynn might somehow be guilty of “treason.” Now, I’ll grant you, being an unregistered agent of a foreign power is not a good thing (there’s even a law against it). But it’s tough to fathom how a judge could spin such a thing into treason when (a) the foreign power, Turkey in this case, is a NATO ally (at least technically), (b) General Flynn was not a U.S. government official when he acted as Ankara’s agent, (c) the prosecutor did not think it was an important enough crime to charge against Flynn, (d) Flynn is a decorated 33-year combat veteran who has written a book detailing a strategy for defeating America’s actual enemies, and (e) the prosecutor, in fact, has proposed a sentence of no jail time for the process crime that was actually charged in the case.
After calling a brief time-out in the proceedings, a contrite Judge Sullivan returned to the bench and retracted his loopy treason comments. All in all, it was a disgraceful performance: Flynn’s is not a complicated case, yet Sullivan failed to have a grip on basic facts. Still, before postponing the former national-security adviser’s sentencing, Sullivan — however unwittingly — performed a useful service in deconstructing the competing Flynn narratives.
Narrative overwhelms fact in modern political discourse. Maybe this is a function of the information age and modern news programming: Information gushes at people like an open hydrant. They feel the need to process information thematically, if they are to process it at all. And the lines between fact-reporting and opinion-analysis have blurred.
In my weekend column, I contended that there are two narratives of the Flynn episode, and that neither is accurate. Flynn fans say he has been railroaded, that the case against him is entirely fabricated, and that he was extorted into pleading guilty in order to protect his family from further ruin. Flynn critics counter that he lied to the FBI, and that a longtime military officer and national-security pro who ran the Defense Intelligence Agency is well aware that it is a crime to lie to the FBI, case closed.