Florida Rep. Matt Gaetz said Tuesday that Robert Mueller's recommended sentencing of Michael Flynn is "a joke."

As Fox News reported Tuesday night, the special counsel filed a memorandum stating that the former national security adviser has offered "substantial" assistance to investigators.

"Robert Mueller has essentially said to the court, 'lay off of Mike Flynn, he's a good guy,'" Gaetz (R-Fort Walton Beach) said. "If Trump said the same thing to [former FBI Director James] Comey, they apparently want to throw him in jail for it and it shows the double standard."

According to the memorandum, Flynn was interviewed 19 times and is warranted a potential sentence that wouldn't call for jail time.

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"This whole thing is a joke," he said. "Michael Flynn won't be facing any prison time, but he would have faced no legal jeopardy at all if he just wouldn't have pleaded guilty because they never would have gotten a conviction with Peter Strzok as their star witness."

Former Clinton pollster Mark Penn added that Mueller's office is getting people to plead guilty to charges in order to build a case against President Trump.

"Let's all relax here," he said. "If, in fact, Gen. Flynn was colluding with the Russians, he wouldn't be getting no prison time."

"That means on its face, he was not colluding with the Russians."

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