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Feds not ready to take sentencing position in Flynn case

Key Points
  • Federal prosecutors say it's too soon to take a position on sentencing for former Trump administration national security adviser Michael Flynn because he could still be a defense witness in the upcoming trial of a one-time business partner.
  • A judge had requested the update from prosecutors in Washington after the Justice Department revealed Tuesday that it no longer intended to call Flynn as a prosecution witness.
Michael Flynn, former U.S. national security adviser, exits federal court in Washington, D.C., on Monday, June 24, 2019.
Andrew Harrer | Bloomberg | Getty Images

Federal prosecutors say it's too soon to take a position on sentencing for former Trump administration national security adviser Michael Flynn because he could still be a defense witness in the upcoming trial of a one-time business partner.

A judge had requested the update from prosecutors in Washington after the Justice Department revealed Tuesday that it no longer intended to call Flynn as a prosecution witness.

That about-face could affect Flynn's punishment, since he had abruptly cut short his sentencing hearing last December for the sole purpose of cooperating in the case of Bijan Kian and earning credit toward a reduced sentence.

In a filing Wednesday, prosecutors said they could not speculate on how the new position would affect their recommendation for Flynn's sentence.

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Key Points
  • After months of delays, President Donald Trump's former national security advisor Michael Flynn could tell a federal judge on Friday that he has finished cooperating with the government and is ready to be sentenced.
  • Flynn's decision to replace his legal team with Sidney Powell, a fiery critic of the Mueller probe, struck some as a signal that Flynn could be angling for a pardon.
  • Powell said Wednesday that Flynn would continue to cooperate with the government as part of his plea agreement.