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but it is a far cry from that to say that he was a foreign agent in the right white house when t relationship stopped beforehand. it is also not the crime for which he was being prosecuted. if they were going to prosecute for that, they could have. >> martha: i can't help but wonder if the judge was unhappy with the press, unhappy with the suggestion that he was absolutely going to give him zero time, no matter what. he is a federal judge, has a right to evaluate this pair the president tweeted this morning, "good luck in court, general flynn, interesting to see what he will say despite information with russian collusion, our highly successful political campaign. no collusion." was that a bad move? >> i don't think it was the wisest in the world, nor for flynn's lawyers to attack government tactics, although they were, i think, improper. when the government submits a memo you not be sent to jail, there is no --

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