President Donald Trump and many other Republicans—including a long list of carnival barkers at Fox News and Fox Business—have been painting Michael Flynn as a victim of “entrapment.” Flynn, former national security advisor for the Trump Administration, admitted to lying to the FBI about his communications with Russian Ambassador Sergey Kislyak during the late 2016 lame duck session. And when Judge Andrew Napolitano appeared on Fox Business’ “Mornings with Maria” on December 17, host Maria Bartiromo echoed the claim that Flynn was “entrapped” by the FBI. But Napolitano, a right-wing libertarian, is not afraid to part company with his Fox News and Fox Business colleagues when he thinks they’re wrong—and he set Bartiromo straight by explaining that legally, Flynn was not “entrapped.”
Napolitano said of Flynn, “Though they trapped him, it is not entrapment. Entrapment is when you resist, you resist, you resist—and they push and they push and they push.”
The judge was not praising the FBI’s methods. Napolitano has been a frequent critic of the U.S. Justice Department, and over the years, he has lambasted the federal governnent for everything from the Patriot Act to the War on Drugs.
But Napolitano made it clear to Bartiromo that when the FBI interrogated Flynn, it did not fit the legal definition of entrapment.
Napolitano asserted, “The Supreme Court has written that the feds, police, prosecutors can lie, cheat, deceive, threaten and coerce to flip a witness or to get information from a witness….Here’s the thing: his guilty plea was given under oath. If (Flynn) retracts that, it’s perjury. So he’s really in a bind right now.”
Although lying to the FBI about communications with a Russian official is a serious offense, Flynn’s attorneys have recommended that he receive no prison time in light of his cooperation in Mueller’s probe and his record of military service.
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"Breaking news," CNN Don Lemon alerted. "A CNN source saying that the effort to pressure Ukraine for political help alarmed John Bolton so much that the told an aide to alert White House lawyers that Giuliani was a hand grenade who will blow everyone up. And a source familiar with Fiona Hill’s testimony says the former Russia adviser told lawmakers she was she saw wrongdoing in the Ukraine policy and reported it."
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"The effort to pressure Ukraine for political help provoked a heated confrontation inside the White House last summer that so alarmed John R. Bolton, then the national security adviser, that he told an aide to alert White House lawyers, House investigators were told on Monday," the newspaper reported. "Mr. Bolton got into a sharp exchange on July 10 with Gordon D. Sondland, the Trump donor turned ambassador to the European Union, who was working with Rudolph W. Giuliani, the president’s personal lawyer, to press Ukraine to investigate Democrats, according to testimony provided to the investigators."