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Fox News panel explodes when legal analyst Napolitano explains why Flynn’s strategy backfired

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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.

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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.

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“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.

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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.

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“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.

Watch below.


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2020 Election

Trump’s psychiatric disturbance could destroy democracy if he wins a second term: clinical psychologist

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I’m not being hyperbolic or melodramatic when I say that democracy itself is on the line on November 3. Donald Trump has been on a mission to subvert our democracy and to push it toward an autocracy. No president has ever disavowed democracy like Trump. No president has ever wanted to change our democratic way of life like Trump.

Trump has shown little interest or intent in following our Constitution. He is not abiding by the emoluments clause. He breaks norms and rules at will. He does not recognize that the three branches of government are co-equal. He operates as if the executive branch has total power. Our democracy is not based on the executive branch having absolute power. It requires that the three branches have separate powers in a check-and-balances system. Trump impugns democracy because it limits his power and requires him to be held accountable.

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WATCH: Sally Yates clashes with Lindsey Graham for claiming Flynn was investigated over a policy difference

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Former acting attorney general Sally Yates testified before the Senate Judiciary Committee this Wednesday, answering questions regarding former national security adviser, Michael Flynn and his being the subject of surveillance under a United States Foreign Intelligence Surveillance Court warrant, also known as a FISA warrant.

At one point, Yates went head-to-head with Sen. Lindsey Graham (R-SC) who accused her of partaking in a conspiracy to prosecute Flynn over a policy difference.

"You weren't investigating a crime, were you?" Graham asked Yates.

"We were investigating a counter-intelligence threat," Yates responded.

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2020 Election

‘Sign of desperation’: Trump slammed for ‘anti-religious bigotry’ over new attack ad on Joe Biden

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A new anti-Biden attack ad from the Trump campaign is filled with falsehoods, and ends by mocking the Democratic presumptive presidential nominee praying in a church. Some on social media are slamming the President and his campaign for "anti-religious bigotry" and "demonizing prayer."

"Deep in the heart of Delaware Joe Biden sits in his basement, alone, hiding, diminished," the ad begins.

Many Americans are sitting in their basements – that's where Biden's office and TV studio are – and they're sitting alone, and hiding, and diminished, so to speak, as a New York Times opinion column notes. But they are doing so because of Trump's horrific handling of the pandemic – the worst management of the coronavirus crisis in the world.

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