Special Counsel Robert Mueller recommended in a memorandum filed Tuesday with the United States District Court for the District of Columbia that Michael Flynn receive no jail time for lying to the FBI.
In December 2017 Flynn agreed to a plea deal stemming from allegations that he violated 18 USC § 1001 (making false statements). Flynn reportedly misled FBI agents about his interactions with the Russian Ambassador, as well as Flynn Intel Group, Inc.’s work with Turkey.
Mueller’s recommendation is pursuant to § 5K1.1. of the US Sentencing Commission Guidelines. Section 5K1.1. calls for the “appropriate” reduction of sentences in instances of substantial assistance to authorities.
The defendant deserves credit for accepting responsibility in a timely fashion and substantially assisting the government. As described in the Addendum, shortly after the [Special Counsel’s Office] reached out to the defendant to seek his cooperation, the defendant accepted responsibility for his unlawful conduct and began cooperating with the government.
Much of the Memorandum’s Addendum is redacted to protect the ongoing investigation. Flynn’s case is one of 11 brought forward so far during the special counsel’s inquiry into Russian interference in the 2016 presidential election.