When Michael Flynn heads to court for his final sentencing hearing today, a lifetime of respected national service will hang in the balance on what is said and done. I am not talking about Flynn but of Judge Emmet Sullivan. There is no issue over the dismissal of the charge of Flynn lying to federal investigators. The only issue is whether, just before an election, Sullivan will use the hearing as a forum for injudicious commentary.
I have practiced law for years before Sullivan and praised him for his demeanor and record as a judge. He has served with distinction since 1994 in cases ranging from Guantanamo Bay detainees to the flawed prosecution of Ted Stevens to the emails of Hillary Clinton.
Then came the case of Flynn, who was charged with a single count of lying to federal investigators. Such a charge ordinarily would result in a short sentencing hearing. Flynn fought the charge but, after exhausting his assets and facing threats by prosecutors to target his son, he agreed to plead to one count. Even the uncooperative witness like Alex Van Der Zwaan received only 30 days in prison on a similar charge related to the investigation by former special counsel Robert Mueller.