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Judge’s rebuke of Flynn upends sentencing, prolongs case

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WASHINGTON — A federal judge who described himself as disgusted by Michael Flynn’s behaviour upended a straightforward sentencing hearing, postponing punishment for President Donald Trump’s first national security adviser and telling him in a stinging rebuke, “Arguably you sold your country out.”

Lawyers for Flynn requested the delay Tuesday after a tongue-lashing from U.S. District Judge Emmet Sullivan raised the prospect that Flynn could spend time behind bars for lying to the FBI about his Russian contacts.

Prosecutors hadn’t recommended prison, but the hearing that began with the defendant upbeat and smiling took an unexpected turn when the judge said his sentence would take into account not just Flynn’s extensive co-operation with investigators but also the lies the Trump administration official told from the grounds of the White House.

“I can’t make any guarantees, but I’m not hiding my disgust, my disdain for this criminal offence,” Sullivan said.

The postponement gave Flynn a chance to continue co-operating with the government in hopes of staving off prison and proving his value as a witness, including in a foreign-lobbying prosecution brought this week. The possibility of prison had seemed remote for Flynn since prosecutors had praised his co-operation, including 19 meetings with investigators.

But the judge’s upbraiding suggested otherwise and made clear that even defendants like Flynn who have co-operated in special counsel Robert Mueller’s Russia investigation may nonetheless be shadowed by the crimes that brought them into court in the first place. The hearing upset what had been a carefully crafted agreement and pushed months into the future a resolution of one of Mueller’s signature prosecutions.

“This is a very serious offence. A high-ranking senior official of the government making false statements to the Federal Bureau of Investigation while on the physical premises of the White House,” Sullivan said.

He later softened his tone, apologizing for suggesting that Flynn had worked as a foreign agent while in the White House when that other work had actually already ended. He also backpedaled on an earlier question on whether Flynn’s transgressions amounted to treason, saying he didn’t mean to suggest they did.

Flynn was to have been the first White House official sentenced in Mueller’s investigation into possible co-ordination between the Trump presidential campaign and Russia.

The hearing, though incomplete, marked a remarkable fall after a three-decade military career that included tours in Iraq and Afghanistan and oversight of the Defence Intelligence Agency during the Obama administration. Though Flynn served only briefly in Trump’s White House, he campaigned for him and attracted attention for leading a Republican National Convention crowd in a “Lock Her Up” chant about Hillary Clinton.

The hearing came amid escalating legal peril for Trump, who was implicated by federal prosecutors in New York this month in hush-money payments involving his former lawyer to cover up extramarital affairs. Nearly a half-dozen former aides and advisers have pleaded guilty, agreeing to co-operate with prosecutors. Some, like Flynn, were tripped up by concealing Russian contacts.

Flynn’s help in the probes was especially notable. Yet he’s nonetheless enjoyed Trump’s continued sympathy, thanks in part to a sentencing memo last week that tapped into the president’s suspicion of law enforcement and took aim at the FBI’s conduct during the investigation.

Trump tweeted “good luck” to Flynn hours before the sentencing and said that, “despite tremendous pressure being put on him,” there was “no Collusion!”

At the White House, press secretary Sarah Huckabee Sanders said Flynn’s actions had nothing to do with Trump. “It’s perfectly acceptable for the president to make a positive comment about somebody while we wait to see what the court’s determination is,” she said.

Sanders repeated her allegation that the FBI “ambushed” Flynn in an interview in which he lied. Of Trump’s earlier FBI criticism, she said, “We don’t have any reason to want to walk that back.”

Flynn’s legal woes stem from transition-period calls with then-Russian Ambassador Sergey Kislyak that raised intelligence community alarms even before Trump took office.

During those conversations, Flynn urged against a strong Russian response to Obama administration sanctions for Russian election interference and encouraged Russia’s opposition to a U.N. resolution on Israeli settlements. But when FBI agents approached him in the White House on Jan. 24, 2017, Flynn lied about those conversations, prosecutors said.

Flynn has never said why he lied, but Sullivan nonetheless castigated him for a deception that was then parroted by other senior administration officials.

The tone of Tuesday’s hearing startled Flynn supporters who hoped his lawyers’ arguments about the FBI’s conduct — they suggested he was discouraged from having a lawyer present during the interview and wasn’t informed it was a crime to lie — to resonate more than it did with Sullivan, who a decade ago tossed out the prosecution of a U.S. senator over government misconduct.

But while Sullivan tested those arguments, he was ultimately unmoved and Flynn mostly walked them back. He acknowledged that he indeed knew that lying to the FBI was a crime. Neither he nor his lawyers disputed that he’d lied to agents.

Flynn attorney Robert Kelner asked Sullivan not to penalize Flynn for the sentencing memo arguments, saying they were mostly intended to differentiate Flynn from other defendants in Mueller’s investigation who’d received prison sentences for lying. Though Sullivan said none of the other defendants was a White House official, Kelner suggested none had been as co-operative.

“He made the decision publicly and clearly and completely and utterly to co-operate with this investigation, knowing that because of his high rank, that was going to send a signal to every other potential co-operator and witness in this investigation,” he added.

After a prosecutor raised the prospect of Flynn’s continued co-operation with other investigations in the future, Sullivan warned Flynn that he might not get full credit for his assistance to the government if he were sentenced as scheduled.

Sullivan gave a visibly shaken Flynn a chance to discuss delaying the hearing with his lawyers. The court briefly recessed.

When they returned, Kelner requested a postponement so that Flynn could keep co-operating. Kelner said he expected Flynn would have to testify in a related trial in Virginia involving Flynn’s former business associates, and the defence wanted to “eke out the last modicum of co-operation” so he could get credit.

Flynn’s lawyers were instructed to submit a status report by March 13. ___

Read the Flynn FBI interview notes: http://apne.ws/xfm8IsO

___

Associated Press writer Michelle R. Smith in Providence contributed to this report.

Eric Tucker And Chad Day, The Associated Press



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What is ‘productivity’ and how can we improve it

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From the Fraser Institute

By Jock Finlayson

Earlier this year, a senior Bank of Canada official caused a stir by describing Canada’s pattern of declining productivity as an “emergency,” confirming that the issue of productivity is now in the spotlight. That’s encouraging. Boosting productivity is the only way to improve living standards, particularly in the long term. Today, Canada ranks 18th globally on the most common measure of productivity, with our position dropping steadily over the last several years.

Productivity is the amount of gross domestic product (GDP) or “output” the economy produces using a given quantity and mix of “inputs.” Labour is a key input in the production process, and most discussions of productivity focus on labour productivity. Productivity can be estimated for the entire economy or for individual industries.

In 2023, labour productivity in Canada was $63.60 per hour (in 2017 dollars). Industries with above average productivity include mining, oil and gas, pipelines, utilities, most parts of manufacturing, and telecommunications. Those with comparatively low productivity levels include accommodation and food services, construction, retail trade, personal and household services, and much of the government sector. Due to the lack of market-determined prices, it’s difficult to gauge productivity in the government and non-profit sectors. Instead, analysts often estimate productivity in these parts of the economy by valuing the inputs they use, of which labour is the most important one.

Within the private sector, there’s a positive linkage between productivity and employee wages and benefits. The most productive industries (on average) pay their workers more. As noted in a February 2024 RBC Economics report, productivity growth is “essentially the only way that business profits and worker wages can sustainably rise at the same time.”

Since the early 2000s, Canada has been losing ground vis-à-vis the United States and other advanced economies on productivity. By 2022, our labour productivity stood at just 70 per cent of the U.S. benchmark. What does this mean for Canadians?

Chronically lagging productivity acts as a drag on the growth of inflation-adjusted wages and incomes. According to a recent study, after adjusting for differences in the purchasing power of a dollar of income in the two countries, GDP per person (an indicator of incomes and living standards) in Canada was only 72 per cent of the U.S. level in 2022, down from 80 per cent a decade earlier. Our performance has continued to deteriorate since 2022. Mainly because of the widening cross-border productivity gap, GDP per person in the U.S. is now $22,000 higher than in Canada.

Addressing Canada’s “productivity crisis” should be a top priority for policymakers and business leaders. While there’s no short-term fix, the following steps can help to put the country on a better productivity growth path.

  • Increase business investment in productive assets and activities. Canada scores poorly compared to peer economies in investment in machinery, equipment, advanced technology products and intellectual property. We also must invest more in trade-enabling infrastructure such as ports, highways and other transportation assets that link Canada with global markets and facilitate the movement of goods and services within the country.
  • Overhaul federal and provincial tax policies to strengthen incentives for capital formation, innovation, entrepreneurship and business growth.
  • Streamline and reduce the cost and complexity of government regulation affecting all sectors of the economy.
  • Foster greater competition in local markets and scale back government monopolies and government-sanctioned oligopolies.
  • Eliminate interprovincial barriers to trade, investment and labour mobility to bolster Canada’s common market.
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COP29 was a waste of time

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From Canadians For Affordable Energy

Dan McTeague

Written By Dan McTeague

The twenty-ninth edition of the U.N. Climate Change Committee’s annual “Conference of the Parties,” also known as COP29, wrapped up recently, and I must say, it seemed a much gloomier affair than the previous twenty-eight. It’s hard to imagine a more downcast gathering of elitists and activists. You almost felt sorry for them.

Oh, there was all the usual nutty Net-Zero-by-2050 proposals, which would make life harder and more expensive in developed countries, and be absolutely disastrous for developing countries, if they were even partially implemented. But a lot of the roughly 65,000 attendees seemed to realize they were just spewing hot air.

Why were they so down? It couldn’t be that they were feeling guilty about their own hypocrisy, since they had flown in, many aboard private jets, to the Middle Eastern petrostate of Azerbaijan, where fossil fuels count for two-thirds of national GDP and 90% of export revenues, to lecture the world on the evils of flying in planes and prospering from the extraction of oil and natural gas. Afterall, they did the same last year in Dubai and there was no noticeable pang of guilt there.

It’s likely that Donald Trump’s recent reelection had a lot to do with it. Living as they do in a media bubble, our governing class was completely blindsided by the American people’s decision to return their 45th president to the White House. And the fact that he won the popular vote this time made it harder to deny his legitimacy. (Note that they’ve never questioned the legitimacy of Justin Trudeau, even though his party has lost the popular vote in the past two federal elections. What’s the saying about the modern Left? “If they didn’t have double standards, they’d have no standards at all.”)

Come January, Trump is committed to (once again) pulling the U.S. out of the Paris Climate Accords, to rolling back the Biden Administration’s anti-fracking and pro-EV regulations, and to giving oil companies the green light to extract as much “liquid gold” (his phrase) as possible, with an eye towards making energy more affordable for American consumers and businesses alike. The chance that they’ll be able to leech billions in taxpayer dollars from the U.S. Treasury while he’s running the show is basically zero.

But it wasn’t just the return of Trump which has gotten the climate brigade down. After a few years on top, environmentalists have been having one setback after another. Green parties saw a huge drop off in support in the E.U. parliament’s elections this past June, losing one-third of their seats in Brussels.

And wherever they’ve actually been in government, in Germany and Ireland for instance, the Greens have dragged down the popularity of the coalitions they were part of. That’s largely because their policies have been like an arrow to the heart of those nations’ economies – see the former industrial titan Germany, where major companies like Volkswagen, Siemens, and the chemical giant BASF are frantically shifting production to China and the U.S. to escape high energy costs.

But while voters around the world are kicking climate ideologues to the curb, there are still a few places where they’re managing to cling to power for dear life.

Here in Canada, for instance, Justin Trudeau and Steven Guilbeault steadfastly refuse to consider revisiting their ruinous Net Zero policies, from their ever-increasing Carbon Tax, to their huge investments in Electric Vehicles and the mandates which will force all of us to buy pricey, unreliable EVs in just over a decade, and to the emissions caps which seek to strangle the natural resource sector on which our economy depends.

Minister Guilbeault was all-in on COP29, heading the Canadian delegation, which “hosted 65 events showcasing Canada’s leadership on climate action, nature-based solutions, sustainable finance, and Canadian clean technologies—while discussing gender equality, youth perspectives, and the critical role of Indigenous knowledge and climate leadership” and stood up for Canadian values such as “2SLGBTQI+” and “gender inclusivity.” Once again, in Azerbaijan, which has been denounced for its human rights abuses.

And no word yet on the cost of all of this – for last year’s COP28 the government – or should I say the taxpayers – spent $1.4M on travel and accommodations alone for the 633 member delegation. That number, not counting the above mentioned events, are sure to be higher, as Azerbaijan is much less of a travel destination than Dubai, and so has fewer flights in and available hotel rooms.

At the same time all of this was going on, Trudeau was 12,000 kms away in Rio de Janeiro, Brazil,  telling an audience that carbon taxation is a “moral obligation” which is more important than the cost of living: “It’s really, really easy when you’re in a short-term survive, [to say] I gotta be able to pay the rent this month, I’ve gotta be able to buy groceries for my kids, to say, OK, let’s put climate change as a slightly lower priority.”

This is madness, and it underscores how tone-deaf the prime minister is, and also why current polling looks so good for the Conservatives that Pierre Poilievre might as well start measuring the drapes at the PMO.

He has the Trudeau Liberals’ obsessive pursuit of Net Zero policies in large part to thank for that.

The world is waking up to the true cost of the Net Zero ideology, and leaving it behind. That doesn’t mean the fight is over – the activists and their allies in government are going to squeeze as many tax dollars out of this as they possibly can. But the writing is on the wall, and their window is rapidly closing.

Dan McTeague is President of Canadians for Affordable Energy.

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