Fox guest accuses Flynn sentencing judge of failing to show restraint 

Bush attorney general Michael Mukasey: “The judge decided he couldn't restrain himself” from criticizing Flynn's lies, “and part of being a judge, as I recall it, is restraining yourself”

From the December 19 edition of Fox News' America's Newsroom

Video file

BILL HEMMER (CO-ANCHOR): Earlier this week Flynn's team came out and they said, you know, this was not on the up-and-up. But none of that was presented yesterday and none of it was argued. I'm just wondering, [Alan] Dershowitz makes the point that the judge feels that Flynn is responsible for a much more serious crime than he pled to. If that is true, if you accept Dershowitz's argument tell us, but if that is the case, why is that the judge's call?

MICHAEL MUKASEY (FORMER ATTORNEY GENERAL): I don't know whether it's the case. I don't read minds. But it's not the judge's call, and a judge is permitted on sentence for one crime to consider what's called relevant conduct, meaning -- including uncharged crimes. But they've got to be relevant to the crime to which he pleaded guilty. If he was -- if he's concerned about the Turkish lobbying, that's not related to the false statements. So that's something that should not be considered on sentence, and if he says he's going to consider it, that raises a real problem. 

HEMMER: Here's the quote from the judge, he said said “I can't hide my disgust, my disdain for your criminal offense. Not only did you lie to the FBI, you lied to senior officials in the incoming administration.” I imagine he's entitled to his opinion but I just wonder where that was in case.

MUKASEY: It wasn't the case. 

HEMMER: Then why does it come up? 

MUKASEY: Well, it comes because the judge decided he couldn't restrain himself. And part of being a judge, as I recall it, is restraining yourself. 


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