Judge delays Flynn sentencing to wait for Russia IG report
The former Trump national security adviser gets another reprieve on his punishment.
That inspector general report is expected to criticize FBI leaders and low-level bureau officials who worked on the Russia probe that ultimately gave way to special counsel Robert Mueller’s investigation, according to several media reports. But it is also expected to clear top FBI officials of abusing their powers because of bias against President Donald Trump.
The DOJ and Flynn attorneys cited media reports about the timing of the IG report’s release in asking Sullivan for a delay to several fast-approaching deadlines tied to the sentencing, including a DOJ supplemental memo that’s due Monday and one from Flynn with a Dec. 10 deadline.
“Both parties share the Court’s goal to move this case along expeditiously,” the lawyers wrote.
But they told Sullivan their submissions “will be incomplete” if they have to be turned in before the judge makes a decision on Flynn’s request for the government to turn over sensitive classified materials that his lawyers claim would show he was targeted for political reasons and that prosecutorial rules were broken in pursuing him.
Both sets of lawyers also conceded they want to wait for the DOJ’s IG report. “The parties expect that the report of this investigation will examine topics related to several matters raised by the defendant,” they wrote.
Sullivan responded Wednesday morning by agreeing to suspend the filing deadlines and Flynn's sentencing hearing "until further Order of this court."
Flynn had been scheduled to be sentenced in December 2018 before abruptly reversing course and requesting a delay to continue cooperating with Mueller.
Headed into that hearing, the government had said it would ask Sullivan to spare Flynn any jail time because of his “extensive cooperation” in the Mueller investigation. Instead, the DOJ suggested Flynn’s punishment should be one year of probation.
The government’s position could change. In September, Justice Department attorney Brandon Van Grack said he planned to file a new sentencing memo but didn’t indicate whether DOJ’s position would change on its original recommendation for Flynn's punishment.