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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA : : v. : Crim. No. 17-232 (EGS) : MICHAEL T. FLYNN, : : Sentencing: December 18, 2018 : Defendant. : GOVERNMENT’S REPLY TO DEFENDANT’S MEMORANDUM IN AID OF SENTENCING

The United States of America, by and through Special Counsel Robert S. Mueller, III, respectfully submits this reply to defendant Michael T. Flynn’s sentencing memorandum.

See

Defendant’s Memorandum in Aid of Sentencing (“Def. Sent. Mem.”),

United States v. Flynn,

17-cr-232 (D.D.C. Dec. 11, 2018) (Doc. 50). In his sentencing memorandum, the defendant cites circumstances surrounding his FBI interview on January 24, 2017, as a factor that mitigates the seriousness of his offense.

See id.

at 7-11. The circumstances of the defendant’s interview, which are further described below, are not mitigating. Nothing about the way the interview was arranged or conducted caused the defendant to make false statements to the FBI on January 24. The defendant chose to make false statements about his communications with the Russian ambassador weeks before the FBI interview, when he lied about that topic to the media, the incoming Vice President, and other m embers of t he Presidential Transition Team. When faced with the FBI’s questions on January 24, during an interview that was voluntary and cordial, the defendant repeated the same false statements. The Court should reject the defendant’s attempt to minimize the seriousness of those false statements to the FBI.