
The presiding judge over former National Security Advisor Mike Flynn’s sentencing raised more than a few eyebrows Tuesday when he all but accused Flynn of treason — and then walked it back as if it never happened.
U.S. District Court Judge Emmet Sullivan, appointed to the federal bench by former President Bill Clinton in 1994, had some very harsh words for Flynn, who served his country for better than three decades in the U.S. Army, telling the former general he sold his country out.
“All along, you were an unregistered agent of a foreign country while serving as the national security adviser to the President of the United States,” Sullivan told Flynn, according to CNN’s Kaitlan Collins. “That undermines everything this flag over here stands for. Arguably, you sold your country out.”
“All along, you were an unregistered agent of a foreign country while serving as the national security adviser to the President of the United States,” the judge tells Mike Flynn. "That undermines everything this flag over here stands for. Arguably, you sold your country out."
— Kaitlan Collins (@kaitlancollins) December 18, 2018
Sullivan asked if Flynn’s conduct “rises to the level of treasonous activity,” according to Collins.
When special counsel prosecutors said they didn’t consider charging Flynn with such, the judge asked, “Could he have been charged with treason?”
But then, following a brief recess, and after all but accusing Flynn of treason, Judge Sullivan tried to take back the slanderous assertion.
Sullivan begins by BACKTRACKING on his remarks that Flynn was an unregistered foreign agent while working in the White House, and that he may have committed treason.
— Steven Portnoy (@stevenportnoy) December 18, 2018
“I made a statement about Mr. Flynn acting as a foreign agent in the White House,” he said, adding that he realized that was incorrect.

Flynn’s foreign lobbying ended before his role in the Trump administration began, prosecutors noted.
Sullivan went on to say, “I’m not suggesting” Flynn committed treason, in an attempt to undo the damage done.
Now back in court, Judge Sullivan says, "I made a statement about Mr. Flynn acting as a foreign agent in the White House" that was incorrect. Prosecutor says Flynn's foreign lobbying ended before Trump administration began. Judge adds "I'm not suggesting" Flynn committed treason.
— Kaitlan Collins (@kaitlancollins) December 18, 2018
Striking a far different tone than earlier, Sullivan downplayed his wild assertion.
“I was just trying to determine the benefit and the generosity of the government,” he said. “Don’t read too much into the questions I ask.”
"I felt terrible about that," Sullivan says, after the prosecutor notes Flynn's conduct as a foreign agent ended in mid-Nov 2016.
"I'm not suggesting he committed treason," Sullivan adds, further apologizing for his remarks in the prior session.
— Steven Portnoy (@stevenportnoy) December 18, 2018
After all of the drama, Sullivan ended up delaying Flynn’s sentencing in response to a request from Flynn’s attorneys.
#MikeFlynn sentencing postponed indefinitely with an update on March 13, 2019. Judge Sullivan has more questions about Special Counsel’s and FBI conduct
— Sara A. Carter (@SaraCarterDC) December 18, 2018
Sullivan concludes the proceedings by wishing the parties happy holidays.
And this dizzying sentencing-hearing-that-wasn't ends at 12:57pmET.
— Steven Portnoy (@stevenportnoy) December 18, 2018
NOTE — Flynn's sentencing has not been set for March.
A status hearing, at which both sides will report the situation then in place regarding Flynn's cooperation in other cases, will occur in March.
— Steven Portnoy (@stevenportnoy) December 18, 2018
But, Sullivan’s comments already took off among the left as they dug into the word ‘treason.’
Thank God for this Judge and his delay of sentencing of Flynn! He deserves a harsh punishment no matter how much he gave Mueller! This is a case of TREASON! #benedictArnold https://t.co/N1qSzeROTO
— Chit Chat w/ Cadillac (@CadillacChatter) December 18, 2018
Calmer heads, however, were on hand as they tried to sort it out.
So in open court Judge Sullivan raised question of whether LTG Michael Flynn committed treason, sold out the United States, and served as an unregistered foreign agent in White House. All terribly damaging, all false. Can Flynn receive fair treatment from Sullivan in future?
— Byron York (@ByronYork) December 18, 2018
https://twitter.com/Lrihendry/status/1075100768162725889
The judge’s gratuitous comment on “treason” was likely aimed at making a pardon more difficult politically. It was an absurd suggestion, even if granted that Michael Flynn was 100% guilty of everything and that his crimes were serious. It was a political statement from the bench.
— Joel Pollak (@joelpollak) December 18, 2018
Flynn can be seen in the video below from CNN leaving the courtroom:
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