Jonathan Turley calls the notes “a chilling blueprint” for an “unconstitutional, manufactured” prosecution. Dismissal is the only justice left to remedy this railroad job,
Turley argues, but notes that the judge in this case has dirty hands as well:
In the meantime, various FBI figures lied and acted in arguably criminal or unethical ways — but all escaped without a charge. McCabe played a supervisory role in the Flynn prosecution; he later was found by the Justice Department inspector general to have lied to investigators, repeatedly. While his case was referred for criminal charges, McCabe was fired but never charged. Strzok also was fired for his misconduct.
Comey intentionally leaked FBI material to the press — including potentially classified information — but was never charged. Another FBI agent responsible for the Russia investigation’s secret warrants falsified evidence to maintain the investigation; he still is not indicted. The disconnect of these cases with the treatment of Flynn is not just galling, it is grotesque.
Even the federal judge in the case has added to this highly disturbing record. When 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. Dramatically pointing to the flag behind him, Sullivan declared: “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.”
Flynn was never charged with treason or with being a foreign agent. However, when Sullivan menacingly asked if he wanted a sentence then and there, Flynn wisely passed. It is a record that truly shocks the conscience. While rare, it is still possible for the district court to right this wrong since Flynn has not been sentenced.
