Judge Sullivan's Harsh Questioning of Flynn at Sentencing - "Arguably You Sold Your Country Out"

On December 18, 2018, federal Judge Emmet Sullivan delivered a scathing rebuke to Michael Flynn during what was scheduled to be his sentencing hearing, telling Trump’s former National Security Advisor “arguably you sold your country out” for working as an unregistered foreign agent while serving in the White House. The hearing, held in the U.S. District Court for the District of Columbia, took a dramatic turn when Sullivan questioned whether Flynn could have been charged with treason and expressed unconcealed disgust at Flynn’s crimes. Rather than proceeding with sentencing, Flynn requested a delay to continue cooperating with federal prosecutors, postponing resolution of his case and setting the stage for years of legal maneuvering that ultimately ended with a presidential pardon.

The December 18, 2018 Hearing

Judge Sullivan opened the hearing with extraordinary criticism of Flynn, a retired U.S. Army Lieutenant General and former Director of the Defense Intelligence Agency who served as Trump’s first National Security Advisor. Sullivan stated: “I’m not hiding my disgust, my disdain for your criminal offense. Arguably you sold your country out.” The judge emphasized that Flynn had lied to FBI agents while physically inside the White House, serving in one of the most sensitive national security positions in government: “A high ranking senior official of the government making false statements to the Federal Bureau of Investigation while in the White House. Very serious crime. Can’t minimize that.”

The judge’s harshest criticism focused on Flynn’s work as an unregistered foreign agent for Turkey while simultaneously serving as a top campaign advisor to Donald Trump and then as National Security Advisor. Sullivan stated: “You were an unregistered agent of a foreign country while serving as the national security adviser to the president of the United States. That undermines everything this flag over here stands for. Arguably you sold your country out.”

The Treason Question

In the most dramatic moment of the hearing, Judge Sullivan asked federal prosecutor Brandon Van Grack: “Hypothetically could he have been charged with treason?” The question shocked the courtroom and Flynn’s defense team. Van Grack responded that treason was not considered because Flynn’s actions did not meet the constitutional definition of treason, which requires providing aid to enemies during wartime. Sullivan later clarified his remarks and apologized for suggesting treason charges could have applied, acknowledging that he had misunderstood the timeline of Flynn’s lobbying work.

The treason question reflected Sullivan’s concern about Flynn’s dual role: lobbying for Turkey (including work that allegedly served Russian interests by opposing a Kurdish fighter who was a Turkish enemy) while advising the Trump campaign and transition team on national security matters. Flynn’s firm had received $530,000 from Turkish interests in fall 2016, and he wrote an op-ed on election day calling for the extradition of cleric Fethullah Gülen, a top Turkish government priority, without disclosing his financial relationship with Turkey.

Flynn’s Crimes and Cooperation

Flynn had pleaded guilty on December 1, 2017, to making false statements to the FBI in violation of 18 U.S.C. § 1001. He lied about his December 2016 conversations with Russian Ambassador Sergey Kislyak regarding U.S. sanctions on Russia and a UN Security Council resolution on Israeli settlements. These lies were significant because they concealed potentially illegal coordination between the Trump transition team and Russia before Trump took office, and they came during an FBI counterintelligence investigation into Russian interference in the 2016 election.

Special Counsel Robert Mueller’s sentencing memorandum filed before the hearing recommended no prison time, citing Flynn’s “substantial assistance” to multiple ongoing investigations. Flynn had participated in 19 interviews with prosecutors and provided information on several topics, including interactions with Russian officials during the transition and potential obstruction of justice by the Trump administration.

The Sentencing Delay

After Sullivan’s harsh questioning, Flynn’s defense attorney Robert Kelner requested a delay in sentencing to allow Flynn to continue cooperating with federal investigations, hoping additional cooperation would result in an even more lenient recommendation. Sullivan agreed to postpone sentencing, and Flynn walked out of the courthouse that day without being sentenced. The delay proved fateful—Flynn never returned for sentencing.

Subsequent Developments and Pardon

In January 2020, Flynn hired new attorneys and filed a motion to withdraw his guilty plea, claiming prosecutorial misconduct. Attorney General William Barr’s Justice Department made the extraordinary decision in May 2020 to seek dismissal of the case against Flynn, despite Flynn’s guilty plea and cooperation. Judge Sullivan resisted this move, appointing a retired judge to argue against dismissal.

Before Sullivan could rule, President Trump granted Flynn a full pardon on November 25, 2020, ending the case entirely. The pardon came after years of Trump publicly defending Flynn, calling his prosecution a “witch hunt,” and pressuring the Justice Department to drop the charges.

Accountability Implications

Judge Sullivan’s December 18, 2018 remarks represented one of the most forceful judicial condemnations of Trump-era corruption. His “sold your country out” statement captured the fundamental betrayal of a National Security Advisor working as a foreign agent while shaping U.S. national security policy. However, the accountability represented by Sullivan’s words never translated into actual consequences.

Flynn’s case illustrated how the Trump administration systematically undermined accountability for crimes connected to the 2016 election and Russian interference. Despite pleading guilty, despite substantial cooperation, and despite a federal judge’s explicit finding that he had “sold his country out,” Flynn faced no punishment. Instead, Barr’s Justice Department intervened to protect him, and Trump pardoned him entirely.

The case also exposed tensions in the federal judiciary’s ability to check executive power. Sullivan’s harsh questioning demonstrated judicial independence and willingness to hold powerful defendants accountable. But Sullivan’s authority ultimately proved limited—when the Justice Department sought to dismiss the case, and when Trump issued a pardon, Sullivan could only protest, not prevent the corrupt outcome.

Flynn’s pardon, like those granted to other Mueller investigation defendants, sent a clear message: Trump associates who lied to protect the president from accountability for Russian interference would face no lasting consequences. The man who “sold his country out” according to a federal judge walked free, his conviction erased, his military pension intact, and his reputation rehabilitated in Trump’s political circles. Sullivan’s December 2018 remarks remain as a historical record of judicial condemnation, but they failed to achieve any actual accountability.