Will Michael Flynn Go Down for Treason?
The sentencing of Trump’s former National Security Advisor Michael Flynn has been delayed, but the opinion of Judge Emmet Sullivan already seems clear. “Arguably you sold your country out,” said Judge Sullivan to Flynn, who lied to FBI agents about conversations with Russia’s former ambassador to the U.S. The suggestion of treason is a serious one. But is it a fair characterization of Flynn’s actions? More at CNBC.
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.
It is possible that the judge was just making a rhetorical point. He was clearly outraged by Flynn’s conduct (“Arguably, this undermines everything this flag over here stands for!” he exclaimed), and “treason” as a term packs a bigger rhetorical punch than “making false statements to the FBI.”
Treason is a very serious charge that is tightly defined in federal law but used more casually in common speech. What we know is that Flynn was an unregistered agent for the government of Turkey while being a top adviser to Trump’s presidential campaign. We also know that Judge Emmet Sullivan felt comfortable saying to Flynn, “Arguably, you sold your country out.” It doesn’t sound as though any great injustice was done to Flynn.