Michael Flynn will likely walk out of a courtroom a free man due to his extensive cooperation with federal prosecutors, but the run-up to his sentencing hearing Tuesday has exposed raw tensions over an FBI interview in which he lied about his Russian contacts.
The former national security adviser's lawyers have suggested that investigators discouraged him from having an attorney present during the January 2017 interview and never informed him it was a crime to lie. Prosecutors shot back, "He does not need to be warned it is a crime to lie to federal agents to know the importance of telling them the truth."
Mueller's team has sharply pushed back at any suggestion that Flynn was duped, with prosecutors responding that as a high-ranking military officer steeped in national security issues Flynn "knows he should not lie to federal agents."
Arun Rao, a former Justice Department prosecutor in Maryland, said the defense memo is striking because it's "inconsistent" with Flynn's cooperative stance so far. "You also wonder in this very unusual situation," he said, "whether it is a play for a pardon."
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