On Tuesday, President Donald Trump’s former National Security Advisor Michael Flynn is set to be sentenced for lying to federal investigators.
Flynn cooperated with prosecutors but his lawyers have also sought to claim that he was somehow entrapped by investigators.
A panel on Fox News’ Outnumbered featuring former judge Andrew Napolitano exploded after Napolitano blew up arguments that Flynn was somehow a victim.
Napolitano said he expected leniency before the day’s proceedings.
“I have sentenced over a thousand people over my career in the New Jersey state system, which uses guidelines substantially similar to the federal. Sentencing today is effectively a mathematical function. Yes, you do check boxes. However, when there is an agreement with the defendant to that the maximum sentence will be six years, and when the government says the defendant has helped them so much that they recommend zero, something the government never says…. It’s pretty obvious what the judge is going to do,” he said.
Napolitano said that by admitting to lying and cooperating with prosecutors Flynn had received the best possible recommendation from the government, but seemed to undermine his own plea for leniency with a last-minute complaint of being manipulated.
“This sentencing is unique. It’s unique because of the allegations made in the 11th hour by General Flynn’s lawyers,” Napolitano said. “Which I thought were inappropriate. When the government says zero, that’s the best thing you want. The allegations were ‘Our client wasn’t treated fairly, he was manipulated.'”
Host Harris Faulkner asked Napolitano why Flynn’s team decided to do this.
“I think they thought that this judge—who has a backbone of steel—would be so aggravated at what the FBI did that he might throw the whole thing out,” he said.
Napolitano was then asked to react to the judge’s statement that Flynn “sold your country out.”
“That is a very, very harsh analysis of this. One that totally undermines the argument that President Trump has been saying,” he said.
Fox News co-host Lisa Boothe pushed back and defended the strategy, causing a heated confrontation.
“Why is it inappropriate, though, for Flynn’s attorneys to raise concerns? Particularly in a time when you have James Comey admitting that they went outside the typical FBI protocol. They took advantage of this White House. Why would it be inappropriate?” she asked.
“The answer to your question, Lisa, is a great question… When the government says zero, remain silent. The time to attack the government has long passed. It’s a little late,” Napolitano said.