Fox News legal analyst Judge Andrew Napolitano said on Thursday that former National Security Adviser Michael Flynn has little legal recourse after he pleaded guilty to lying to the FBI about his contacts with Russians.
"The general is very familiar with interrogating people," Napolitano explained to Fox News host Bill Hemmer. "The general, at the time, was the head of the Defense Intelligence Agency -- the chief spy in the Defense Department. He knows phone calls are recorded and he knows when you talk to federal investigators, you're entitled to have a lawyer."
"Nevertheless... he lied even though he should have known that they already had a transcript of that call," Napolitano continued.
According to Napolitano, the government has recommended an "unprecedented" sentence that includes no jail time for Flynn.
"Instead of waiting for the sentence of no jail time to come, he's going right into the government's face and saying, 'You set me up, we may want to sue the government for setting me up,'" the former judge said.
Napolitano called Flynn's attempt to sue the government "a nearly impossible suit with which to prevail."
"He fights this to clear his name," Hemmer offered. "That's why he fights it."
"Very difficult," Napolitano replied. "If he wants to clear his name, he should try and withdraw the guilty plea. Because pleading guilty to lying is a taint that will be with you for the rest of your life and it goes to your moral turpitude."
"Why would a three star general lie?" he asked. "It is nearly impossible to withdraw a guilty plea once it's been articulated under oath, which is what he did."
"Nothing is a defense to lying," Napolitano insisted. "It is unfortunate that it is a crime to lie to the FBI. Why is it unfortunate? Because they are allowed to lie to you in that very same conversation, but you're not allowed to lie to them. I'm not preaching lying. I'm just saying it's not a level playing field."
In the end, Napolitano predicted that Flynn would get no jail time and would not succeed with his charge of entrapment against special counsel Robert Mueller.
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