Fox News host Shepard Smith, known for his condescending and sometimes “nasty” attitude, seemed to radiate with subtle jubilance Tuesday afternoon as he reported the bombshell news regarding former National Security Adviser Michael Flynn’s sentencing hearing.
During the hearing earlier that morning, U.S. District Court Judge Emmet Sullivan excoriated Flynn for his alleged crimes, accusing him of having sold out his country.
“Instead of giving him a sentence of little or no jail time as agreed to by the prosecutors and the defense, the judge looked at the big picture and spoke directly to Michael Flynn, saying, ‘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 Fox News host announced.
As the often rant-prone Fox News host continued reporting on the day’s events, his apparent bias against Flynn and his staunch defenders seemed to grow more clear-cut:
“The judge said he cannot hide his disgust and disdain for Michael Flynn’s crimes. The judge also questioning Flynn and his lawyer about their memo last week that suggested FBI agents might have tricked the former national security adviser when they didn’t tell him lying to the FBI is a crime.”
In the memo filed last week, Flynn’s attorneys revealed that when their client sat with the FBI in 2017, then-Deputy Director Andrew McCabe pushed him to not have an attorney present.
According to former Trump administration official Sebastian Gorka, this and other revelations all suggest the bureau ensnared Flynn in a veritable entrapment scheme.
“If you listen to the testimony of the two FBI agents who don’t think he was lying, if you look at what we now know about McCabe, who said, ‘You don’t need a lawyer, Gen. Flynn. This is just an innocuous discussion,’” he said last week on Fox News‘ “Hannity.”
“And then what do they do? They trap him in a process crime. Everybody watching this show right now could be trapped in a processed crime. I don’t care how much of a boy scout you’ve been — everyone has a faulty memory.”
“And you say one thing on Monday when you think you’re in a friendly discussion with some fellow patriots, and then a week later you remember things differently. That’s it. You’ve committed a felony because you lied to federal agents. That’s entrapment.”
Smith has always disagreed with this otherwise reasonable line of thinking. And the judge’s rhetoric Tuesday seemed to only embolden him in his resistance to the facts.
“You heard the theory floated by the White House and its defenders here and elsewhere,” he jubilantly announced. “That all blew up today. Michael Flynn himself said he is not challenging the circumstances of the interview, that he knew lying to the feds was a crime when he lied to the feds, that he was not entrapped, that he was guilty.”
But according to Smith’s colleague, Fox News chief intelligence correspondent Catherine Herridge, that’s not the full story. Something else notable occurred during the hearing as well.
“I want to note that [the judge] put the special counsel under scrutiny and possibly even on notice,” Herridge revealed earlier on Fox. “He asked the special counsel whether talking to the Russian ambassador in December of 2016 was a crime and the special counsel representative responded it could be a violation of the Logan Act.”
“And then the judge — sort of in a very unusual way and flip way — said, ‘Isn’t that the act no one has ever been charged with?’ Which was sending a signal as to what was at the heart of this case.”
She concluded by noting that though the judge provided “a lot of opportunity for Michael Flynn to withdraw his guilty plea” and “challenge the conditions of his FBI interview in January of 2017, which the judge said he found troubling personally … Flynn has declined to do so.”
But the judge then delayed Flynn’s final sentencing for three months, thus providing the former official plenty of opportunities to go ahead and actually challenge the accusations against him.
So while it’s true Judge Sullivan ripped into Flynn — much to Smith’s glee — it’s equally true that the judge left the former Trump adviser with more than enough time to potentially fight back.
According to social media, this suggests something is up — something Smith may not ultimately like.
from what we heard, it has been a very weird hearing, and very weird behavior by the judge.
have you watched this report by Catherine Herridge?
I’m curious to have your take on thishttps://t.co/fQS2tO56mV
— Greg Rubini (@GregRubini) December 18, 2018
One possibility is that Judge feels there is more to Flynn interview, investigator misconduct and new reporting on Dossier from Steele, about reasons for it. Judge seems to be giving time for all to the exposed then he will pass judgement! Could this be a judge head fake?
— Louis gutierrez (@Louisgu59094346) December 19, 2018
Judge Sullivan’s ruling today to give more time to @GenFlynn was a golden bone. Flynn is over a barrel and given more time will shake out the criminal acts by Mueller and gang. It’s sad when a man can not defend himself without destroying him family. https://t.co/o1KBUcmwsd
— One Pissed Off Grammy (@PamGill64) December 18, 2018
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