FLYNN SENTENCING | Gets 'Good luck’ wish from Trump

9:52 a.m.

WASHINGTON (AP) — Michael Flynn will likely walk out of a courtroom a free man due to his extensive cooperation with federal prosecutors, but the run-up to his sentencing hearing Tuesday has exposed raw tensions over an FBI interview in which he lied about his Russian contacts.

The former Trump national security adviser’s lawyers have suggested that investigators discouraged him from having an attorney present during the January 2017 interview and never informed him it was a crime to lie. Prosecutors shot back, “He does not need to be warned it is a crime to lie to federal agents to know the importance of telling them the truth.”

On Monday evening, the dispute — and a judge’s intervention — led prosecutors to publicly file a redacted copy of the notes from Flynn’s FBI interview that largely bolster the case, showing he told agents things he later said were false.

Still, the mere insinuation of underhanded tactics has been startling given the seemingly productive relationship between the two sides, and it was especially striking since prosecutors with special counsel Robert Mueller’s office have praised Flynn’s cooperation and recommended against prison time. The defense arguments spurred speculation that Flynn may be trying to get sympathy from President Donald Trump or may be playing to a judge known for a zero-tolerance view of government misconduct.

“It’s an attempt, I think, to perhaps characterize Flynn as a victim or perhaps to make him look sympathetic in the eyes of a judge — and, at the same time, to portray the special counsel in a negative light,” said former federal prosecutor Jimmy Gurule, a University of Notre Dame law school professor.

Trump wished Flynn “Good luck” in court on Tuesday.

“Will be interesting to see what he has to say, despite tremendous pressure being put on him, about Russian Collusion in our great and, obviously, highly successful political campaign. There was no Collusion!” Trump tweeted hours before Flynn was to be sentenced.

Until the dueling memos were filed last week, Flynn had cooperated extensively and largely eschewed the aggressive tactics of others involved in the Mueller probe.

Prosecutors, for instance, have accused former Trump campaign chairman Paul Manafort of lying to them even after he agreed to cooperate. Another potential target, Jerome Corsi, leaked draft court documents and accused Mueller’s team of bullying him. And George Papadopoulos, a Trump campaign adviser recently released from a two-week prison sentence, has lambasted the investigation and publicly claimed that he was set up.

But then came Flynn’s sentencing memo.

Although Flynn and his attorneys stopped short of any direct accusations of wrongdoing, but they suggested the FBI, which approached Flynn at the White House just days after Trump’s inauguration, played to his desire to keep the encounter quiet and as a result kept him from involving a lawyer.

They also insinuated that Flynn deserves credit for not publicly seizing on the fact that FBI officials involved in the investigation later came under scrutiny themselves. Former Deputy Director Andrew McCabe, who contacted Flynn to arrange the interview, was fired this year for what the Justice Department said was a lack of candor over a news media leak. Peter Strzok, one of the two agents who interviewed Flynn, was removed from Mueller’s team and later fired for trading anti-Trump texts with another FBI official.

Mueller’s team has sharply pushed back at any suggestion that Flynn was duped, with prosecutors responding that as a high-ranking military officer steeped in national security issues Flynn “knows he should not lie to federal agents.”