Judge’s rebuke of Flynn upends sentencing, prolongs case

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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Ottawa’s avalanche of spending hasn’t helped First Nations

Published on November 19, 2024

Todayville

From the Fraser Institute

By Tom Flanagan

When Justin Trudeau came to power in 2015, he memorably said that the welfare of Indigenous Canadians was his highest priority. He certainly has delivered on his promise, at least in terms of shovelling out money.

During his 10 years in office, budgeted Indigenous spending has approximately tripled, from about $11 billion to almost $33 billion. Prime Minister Trudeau’s instruction to the Department of Justice to negotiate rather than litigate class actions has resulted in paying tens of billions of dollars to Indigenous claimants over alleged wrongs in education and other social services. And his government has settled specific claims—alleged violations of treaty terms or of the Indian Act—at four times the previous rate, resulting in the award of at least an additional $10 billion to First Nations government.

But has this avalanche of money really helped First Nations people living on reserves, who are the poorest segment of Canadian society?

One indicator suggests the answer is yes. The gap between reserves and other communities—as measured by the Community Well-Being Index (CWB), a composite of income, employment, housing and education—fell from 19 to 16 points from 2016 to 2021. But closer analysis shows that the reduction in the gap, although real, cannot be due to the additional spending described above.

The gain in First Nations CWB is due mainly to an increase in the income component of the CWB. But almost all of the federal spending on First Nations, class-action settlements and specific claims do not provide taxable income to First Nations people. Rather, the increase in income documented by the CWB comes from the greatly increased payments legislated by the Liberals in the form of the Canada Child Benefit (CCB). First Nations people have a higher birth rate than other Canadians, so they have more children and receive more (on average) from the Canada Child Benefit. Also, they have lower income on average than other Canadians, so the value of the CCB is higher than comparable non-Indigenous families. The result? A gain in income relative to other Canadians, and thus a narrowing of the CWB gap between First Nations and other communities.

There’s an important lesson here. Tens of billions in additional budgetary spending and legal settlements did not move the needle. What did lead to a measurable improvement was legislation creating financial benefits for all eligible Canadian families with children regardless of race. Racially inspired policies are terrible for many reasons, especially because they rarely achieve their goals in practise. If we want to improve life for First Nations people, we should increase opportunities for Canadians of all racial backgrounds and not enact racially targeted policies.

Moreover, racial policies are also fraught with unintended consequences. In this case, the flood of federal money has made First Nations more dependent rather than less dependent on government. In fact, from 2018 to 2022, “Own Source Revenue” (business earnings plus property taxes and fees) among First Nations bands increased—but not as much as transfers from government. The result? Greater dependency on government transfers.

This finding is not just a statistical oddity. Previous research has shown that First Nations who are relatively less dependent on government transfers tend to achieve higher living standards (again, as measured by the CWB index). Thus, the increase in dependency presided over by the Trudeau government does not augur well for the future.

One qualification: this finding is not as robust as I would like because the number of band governments filing reports on their finances has drastically declined. Of 630 First Nation governments, only 260 filed audited statements for fiscal 2022. All First Nations are theoretically obliged by the First Nations Financial Transparency Act, 2013, to publish such statements, but the Trudeau government announced there would be no penalties for non-compliance, leading to a precipitous decline in reporting.

This is a shame, because First Nations, as they often insist, are governments, not private organizations. And like other governments, they should make their affairs visible to the public. Also, most of their income comes from Canadian taxpayers. Both band members and other Canadians have a right to know how much money they receive, how it’s being spent and whether it’s achieving its intended goals.

Author:

Tom Flanagan

Professor Emeritus of Political Science and Distinguished Fellow, School of Public Policy, University of Calgary

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Musk, Ramaswamy to lead Trump efforts to cut waste, fraud in federal government

Published on November 13, 2024

Todayville

From The Center Square

By Brett Rowland

During his campaign, Ramaswamy proposed cutting 75% of the federal workforce. Musk recently suggested that he could cut $2 trillion from the federal budget, or about one-third of total U.S. spending.

President-elect Donald Trump picked Tesla CEO Elon Musk and businessman Vivek Ramaswamy to lead a newly created Department of Government Efficiency.

The department’s acronym, DOGE, is a nod to Musk’s favorite cryptocurrency, dogecoin. Trump said the new group will pave the way for his administration to “dismantle government bureaucracy, slash excess regulation, cut wasteful expenditures and restructure federal agencies.”

Trump laid out lofty goals for the group in his announcement this week.

“It will become, potentially, ‘The Manhatten Project,’ of our time,” Trump’s announcement said. “Republican politicians have dreamed about the objectives of ‘DOGE’ for a very long time.”

It won’t be an official government agency, which will likely allow Musk and Ramaswamy to avoid public financial disclosures.

Trump said the change he’s looking for won’t come from within the existing federal government.

“To drive this kind of change, the Department of Government Efficiency will provide advice and guidance from outside the government, and will partner with the White House and Office of Management & Budget to drive large scale structural reform and create and entrepreneurial approach to government never seen before,” the announcement noted.

Trump said he looks forward to what Musk and Ramaswamy can accomplish.

“Importantly, we will drive out the massive waste and fraud which exists throughout our annual $6.5 trillion of government spending,” he said.

Trump also gave them a deadline: July 4, 2026.

“A smaller government, with more efficiency and less bureaucracy will be the perfect gift to America” on the 250th anniversary of the Declaration of Independence, according to the announcement.

Ramaswamy, who dropped out the race for the GOP nomination to endorse Trump in January, has previously proposed significant cuts. During his campaign, Ramaswamy proposed cutting 75% of the federal workforce.

Musk recently suggested that he could cut $2 trillion from the federal budget, or about one-third of total U.S. spending. He’s been tossing out ideas on X, previously Twitter before Musk bought the company and changed the name.

“The world is suffering slow strangulation by overregulation. Every year, the noose tightens a little more,” Musk wrote in a post on X on Wednesday. “We finally have a mandate to delete the mountain of choking regulations that do not serve the greater good.”

Musk also said he isn’t a threat to democracy, but a threat to bureaucracy.

DOGE already has an X account. It’s first post: “Working overtime to ensure your tax dollars will be spent wisely!”

Some budget experts have called Musk’s pledge to cut $2 trillion a pipe dream, noting that many of the problems DOGE wants to address have proven intractable.

Brian Riedl, a senior fellow at the Manhattan Institute think tank, called Musk’s proposal “a random number unattached to reality.”

Marc Goldwein, the senior vice president and senior policy director for the Committee for a Responsible Federal Budget, said it could be done with 10 aggressive policies, mostly focused on Medicare and Medicaid.

“The government can legitimately save trillions over a decade by reducing waste and improving efficiency – and I hope we do,” Goldwein wrote on X. “Achieving these savings requires major changes to how and how much we pay for health care.”

Medicare (annual cost of about $1 trillion) is a federal health insurance program for people 65 or older, and some people younger than 65 with certain disabilities or conditions. Medicaid (annual cost of about $558 billion) is a joint federal and state program that helps cover medical costs for some people with limited income and resources.

The Government Accountability Office, which serves as the research arm of Congress, estimated annual fraud losses cost taxpayers between $233 billion and $521 billion annually, in a report in April. The fraud estimate’s range represents 3% to 7% of average federal obligations. The Office of Management and Budget publicly questioned that estimate, calling it “not plausible.”

“OMB has significant concerns that this report will not further efforts to prevent and reduce fraud, but rather will create confusion and promote misleading generalizations that have no factual connection to specific federal programs,” Jason Miller, the deputy director for management at the Office of Management and Budget, wrote of OMB concerns in a three-page letter to officials with the Government Accountability Office.

On the campaign trail, Ramaswamy detailed his plan to reduce the federal workforce by 75% during an event at the America First Policy Institute in Washington in 2023.

Ramaswamy said he would shutter the FBI (about 35,000 employees); the Bureau of Alcohol, Tobacco, Firearms a nd Explosives (5,099 employees); the U.S. Department of Education (about 4,200 employees); the Nuclear Regulatory Commission (about 3,000 employees); and the Department of Agriculture’s Food and Nutrition Services (about 1,500 employees).

Under Ramaswamy’s campaign plan, some 15,000 FBI employees would be moved to other agencies such as the U.S. Marshals Service, U.S. Secret Service, Treasury’s Financial Crimes Enforcement Network, Drug Enforcement Administration, Defense Intelligence Agency, and Commerce’s Bureau of Industry and Security.

Some groups called the Department of Government Efficiency goals a stretch. Others had more pointed things to say.

Lisa Gilbert, co-president of Public Citizen, a progressive consumer advocacy organization founded by Ralph Nader, said the government agencies and regulations Ramaswamy proposed cutting are in place to protect people.

“The purpose of government regulations is to protect the American people,” she said in a statement. “We all depend on these regulations to protect our air, water, workers, children’s safety, and so much more. ‘Cutting red tape’ is shorthand for getting rid of the safeguards that protect us in order to benefit corporate interests.”