Michael Flynn ready to be sentenced in Mueller probe, prosecutors say

Federal prosecutors have asked a judge to set a late November sentencing date for President Donald Trump's former national security adviser, Michael Flynn, according to a court document filed Monday by federal prosecutors.

In a joint filing to the court, special counsel Robert Mueller's team and Flynn's attorneys requested that sentencing be set for November 28, or any of the following seven business days after that date. Flynn pleaded guilty last December to lying to the FBI about his communications with Russian officials and agreed to cooperate in the special counsel's investigation.

According to court filings, Flynn made the false statements to the FBI two days after he was sworn in as national security adviser in January 2017. He served in the administration just three weeks before he resigned on February 13.

The maximum sentence for the crime Flynn pleaded guilty to is five years in prison. However, senior federal prosecutors not involved in the case told NBC News at the time of the plea deal that it is unlikely Flynn will ever spend a day in jail.

19 PHOTOS
Retired Army Lt. Gen. Michael Flynn
See Gallery
Retired Army Lt. Gen. Michael Flynn
National security adviser General Michael Flynn delivers a statement daily briefing at the White House in Washington U.S., February 1, 2017. REUTERS/Carlos Barria

Retired Lt. Gen. Michael Flynn arrives at the Trump Tower for meetings with US President-elect Donald Trump, in New York on November 17, 2016.

(EDUARDO MUNOZ ALVAREZ/AFP/Getty Images)

Retired United States Army lieutenant general Michael T. Flynn introduces Republican Presidential nominee Donald J. Trump before he delivered a speech at The Union League of Philadelphia on September 7, 2016 in Philadelphia, Pennsylvania. Trump spoke about his plans to build up the military if elected. Recent national polls show the presidential race is tightening with two months until the election.

(Photo by Mark Makela/Getty Images)

Retired Lt. Gen. Michael Flynn, at podium, and Republican presidential candidate Donald Trump attend a campaign event with veterans at the Trump International Hotel on Pennsylvania Ave., NW, where Trump stated he believes President Obama was born in the United States, September 16, 2016.

(Photo By Tom Williams/CQ Roll Call)

WASHINGTON, DC - FEBRUARY 01: White House Press Secretary Sean Spicer (L) yields the briefing room podium to National Security Adviser Michael Flynn February 1, 2017 in Washington, DC. Flynn said the White House is 'officially putting Iran on notice' for a recent missile test and support for Houthi rebels in Yemen. (Photo by Win McNamee/Getty Images)

Army Lt. Gen. Michael Flynn, director of the Defense Intelligence Agency, prepares to testify at a Senate Armed Services Committee hearing in Dirksen Building titled 'Current and Future Worldwide Threats,' featuring testimony by he and James Clapper, Director of National Intelligence.

(Photo By Tom Williams/CQ Roll Call)

White House National Security Advisor Michael Flynn (C) arrives prior to a joint news conference between Canadian Prime Minister Justin Trudeau and U.S. President Donald Trump at the White House in Washington, U.S., February 13, 2017. REUTERS/Carlos Barria
U.S. National Security Advisor Michael Flynn boards Air Force One at West Palm Beach International airport in West Palm Beach, Florida U.S., February 12, 2017. REUTERS/Carlos Barria
National security adviser General Michael Flynn arrives to deliver a statement during the daily briefing at the White House in Washington U.S., February 1, 2017. Picture taken February 1, 2017. REUTERS/Carlos Barria
White House National Security Advisor Michael Flynn (L) arrives at Joint Base Andrews, Maryland, U.S., February 10, 2017. REUTERS/Carlos Barria
WASHINGTON, DC - FEBRUARY 10: (AFP OUT) White House National Security Advisor Michael Flynn (R) walks down the West Wing Colonnade following a bilateral meeting between U.S. President Donald Trump and Japanese Prime Minister Shinzo Abe February 10, 2017 in Washington, DC. Trump and Abe are expected to discuss many issues, including trade and security ties and will hold a joint press confrence later in the day. (Photo by Chip Somodevilla/Getty Images)
ATLANTA, GA - FEBRUARY 02: (L-R) SCAD Dramatic writing professor Chris Auer, Producer Sandra Leviton, Executive producer and writer Michael Flynn, Tv literary agent Jeff Greenberg and Literary manager and producer Kaila York speak on stage during the 'Inside the Writers Room' event on Day One of aTVfest 2017 presented by SCAD on February 2, 2017 in Atlanta, Georgia. (Photo by Vivien Killilea/Getty Images for SCAD)
Lieutenant General Michael Flynn (ret.), National Security Advisor Designate speaks during a conference on the transition of the US Presidency from Barack Obama to Donald Trump at the US Institute Of Peace in Washington DC, January 10, 2017. / AFP / CHRIS KLEPONIS (Photo credit should read CHRIS KLEPONIS/AFP/Getty Images)
Retired Lieutenant General Michael Flynn, U.S. national security advisor, attends a swearing in ceremony of White House senior staff in the East Room of the White House in Washington, D.C., U.S., on Sunday, Jan. 22, 2017. Trump today mocked protesters who gathered for large demonstrations across the U.S. and the world on Saturday to signal discontent with his leadership, but later offered a more conciliatory tone, saying he recognized such marches as a hallmark of our democracy. Photographer: Andrew Harrer/Bloomberg via Getty Images
WASHINGTON, DC - JANUARY 20: Michael Flynn walks out after a morning worship service on Inauguration day at St. John's Episcopal Church in Washington, DC on Friday, Jan. 20, 2017. (Photo by Jabin Botsford/The Washington Post via Getty Images)
WASHINGTON, DC - JANUARY 20: Attorney General nominee Sen. Jeff Sessions (R-AL) (R), talks with National Security Advisor Michael Flynn inside of the inaugural parade reviewing stand in front of the White House on January 20, 2017 in Washington, DC. Donald Trump was sworn in as the nation's 45th president today. (Photo by Mark Wilson/Getty Images)
Retired Lieutenant General Michael Flynn, White House national security adviser-designate, center, stands in an elevator at Trump Tower in New York, U.S., on Thursday, Jan. 12, 2017. Donald Trump is slated to meet with AT&T Inc.'s top executives on Thursday to discuss the company's proposed $85.4 billion bid for Time Warner Inc., according to people familiar with the matter. The president-elect has said he opposes the deal. Photographer: John Taggart/Bloomberg via Getty Images
WASHINGTON, DC - JANUARY 20: Donald Trump's National Security Adviser Gen. Michael T. Flynn (R) arrives on the West Front of the U.S. Capitol on January 20, 2017 in Washington, DC. In today's inauguration ceremony Donald J. Trump becomes the 45th president of the United States. (Photo by Drew Angerer/Getty Images)
Lieutenant General Michael Flynn (ret.) and National Security Advisor Designate and Ambassador Susan Rice, National Security Advisor during a ceremonial passing of authority while participating in a conference on the transition of the US Presidency from Barack Obama to Donald Trump at the US Institute Of Peace in Washington DC, January 10, 2017. / AFP / CHRIS KLEPONIS (Photo credit should read CHRIS KLEPONIS/AFP/Getty Images)
HIDE CAPTION
SHOW CAPTION
of
SEE ALL
BACK TO SLIDE

Court records outline how the retired lieutenant general contacted Russian officials at the urging of two top Trump transition aides. Flynn falsely claimed that he didn't ask Sergey Kislyak, then the Russian ambassador the U.S., on December 22, 2017 to "delay a vote on or defeat" a United Nations Security Council resolution. He then falsely denied that Kislyak had described Russia's response to the request.

Before that call, a "very senior member" of the transition team directed Flynn to contact foreign officials, including those from Russia, to learn where they stood and influence the vote, according to the statement of offense.

Flynn has been at the center of the federal government's Russia investigation almost from the start. It was the FBI's investigation into Flynn that Trump asked then-FBI Director James Comey to end, according to a contemporaneous memo Comey wrote.

Comey, whom Trump fired in May 2017, later testified to that assertion before Congress.

After Flynn pleaded guilty in December, Trump tweeted, ""I had to fire General Flynn because he lied to the Vice President and the FBI. He has pled guilty to those lies. It is a shame because his actions during the transition were lawful. There was nothing to hide!"

The tweet suggested for the first time that Trump knew Flynn had lied to the FBI at the time Flynn was fired.

Read Full Story