https://www.foxnews.com/opinion/alan-dershowitz-michael-flynn-now-has-three-options-to-stay-out-of-prison
U.S. District Judge Emmet G. Sullivan’s handling of former National Security Adviser Michael Flynn’s sentencing hearing Tuesday on Flynn’s guilty plea to lying to the FBI was anything but exemplary. The judge – who has a well-deserved reputation as both tough and fair – made several fundamental errors right at the outset.
First, Sullivan suggested that Flynn might be guilty of treason. This reflects an abysmal ignorance of the governing case law. Nothing Flynn did comes even close to satisfying the strict definition of treason.
The U.S. Constitution states: “Treason against the United States shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same Overt Act, or on Confession in open Court.”
Flynn admitted he represented Turkey – America’s NATO ally – before he became a federal employee as President Trump’s national security adviser, but said he failed to register until later under the Foreign Agents Registration Act.
Special Counsel Robert Mueller did not charge Flynn for failing to register – let alone with the far more serious crime of treason.
But Sullivan blundered by accusing Flynn of having been an unregistered foreign agent while he was serving in the White House, thereby having “sold your country out.” This was flat out wrong, since Flynn stopped working for any foreign government before he became President Trump’s national security adviser when Trump took office on Jan. 20, 2017.