Former prosecutor Bob Bianchi said Tuesday that Judge Emmet Sullivan can sentence Gen. Michael Flynn [Ret.] to more than the expected probationary punishment he is considering after the war hero pleaded guilty to lying to the FBI.

Sullivan, a Clinton appointee, asked Flynn in court whether he wanted to withdraw the guilty plea after Trump officials questioned the circumstances surrounding the FBI interview in question.

Flynn declined, which caused Bianchi to question what Flynn's defense team was thinking at that moment.

"Any right-minded defense attorney would be saying 'what are you doing?,'" Bianchi, a former county prosecutor in Morristown, New Jersey said.


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Bianchi and Shepard Smith discussed how allegations that Flynn was working in a questionable way with the Turkish government was not accounted for in Tuesday's hearing.

"He did not enter into a 11(c)(1)(C) plea," Bianchi said, adding that that meant the judge is not bound by the plea agreement's sentence.

Bianchi said Sullivan "can add relevant conduct" to the aggravating factors when sentencing Flynn.

"The [plea deal] clearly states it [also] does not bind the court to go further," he said.

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