Judge Nap on Flynn Sentencing: No Entrapment, No Basis to Overturn Conviction
Former Nat'l Security Adviser to be sentenced Tuesday.
Fox News senior judicial analyst Judge Andrew Napolitano disagrees with Rep. Darrell Issa and others who have argued that Michael Flynn was the victim of entrapment.
On "Sunday Morning Futures," Issa (R-Calif.) predicted that Flynn's guilty plea for lying to federal investigators will be overturned. Flynn in December 2017 pleaded guilty to lying about his conversations with the Russian ambassador during the presidential transition.
"They, in layman's terms, violated his Miranda rights, tricked him into not having a lawyer, when in fact he was not only a suspect but a target, and they had transcripts," Issa said, referring to Flynn's legal team's allegation that FBI agents pressured Flynn not to have a lawyer present when he was interviewed at the White House in January.
On "America's Newsroom" Monday, Napolitano disagreed strongly, declaring, "This is not entrapment. There is no basis to overturn the conviction."
He pointed out that Flynn pleaded guilty under oath, so if he now reverses course and says he didn't tell the truth in the plea, then he is admitting to perjury.
"Entrapment requires that the government plant the seed of a crime in an innocent mind, and push, push, push against the defendant's resistance," Napolitano explained.
He added that Flynn's discussions with the Russian ambassador during the presidential transition were legal, so Flynn had no reason to lie about them.
"I don't know why he lied to them. My guess is he was protecting the administration from the taint of Russian involvement in the campaign, when in fact he was doing what you would expect from the incoming national security adviser -- taking the pulse of the Russian ambassador," Napolitano said, predicting no jail time and minimal probation for Flynn, with the conviction standing.
Host Bill Hemmer asked Napolitano if he thinks Flynn will explain why he lied during Tuesday's sentencing.
"I hope not," Napolitano said. "Because that's just going to open up another can of worms."
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