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That's troubling and you have to punish that. secondly, there are resources expanded from a police perspective in a city that needs them, right? why do we take away those resources to focus on something that didn't happen when there's so many things that did happen that we really should be focusing on? so that's the second thing. the third thing is if you come into a courtroom and you take the stand, which is your right, and you fabricate and you're caught in those lies i think a judge really is taken aback by that. i think that's what he's looking at. he's facing probation to three years. >> ...

His prospects of rehabilitation are absolutely there. but when you look to punishment, you have to punish conduct like this. why? two reasons. you mentioned one of them. there are people legitimately who were the victims of hate crimes, and how do you diminish them by coming up with something that's a farce? that's troubling and you have to punish that. secondly, there are resources expanded from a police perspective in a city that needs them, right? why do we take away those resources to focus on something that didn't happen when there's so many things that did happen that we really should be...

>> it's problematic for him in a number of ways, the first of which is, although sara indicated, a maximum of three years, the judge can give him probation. at she also indicated, what happens, when you testify in a case, the judge now gets a sense of what you said. what jussie smollett set was resoundingly rejected by the jury. the jury did not buy what he was selling. that's not lost upon a judge. you came into the courtroom and fabricated. why do i add that? i'm saying though the maximum is three years, he now, the defendant mr. smollett, now a convicted felon, i do believe has exposed hims...

Joining us now is fox nation host, lawrence jones. let's look at the art of the possible here. minimum sentencing for this kind of a crime is -- in minnesota is 10 1/2 years. we're looking at 10 1/2 being the bottom end. 40 years being the high end. so far the legal experts are all saying the judge won't go over 30 years because that's likely to get overturned upon appeal. if it was up to you, where is this sentencing coming out today? >> i'm not sure. depends on the judge at this point. obviously the prosecution asked for 30 years. the defense is asking for probation. there's no chance in hel...

You can't have it, whatever they think. flynn, it's been over a year, i think, probably, functionally never did have it. >> glen, one last word to you. >> yeah, so i think it's a miscalculation by trump to continue to prop up flynn because when you read the sentencing memo filed by special counsel in flynn's case, he made it a point to say general flynn was one of the few people with long-term firsthand knowledge about what was going on during the campaign and the transition. and let's not forget, the special counsel did walk in there today, and they were prepared to give him probation. judge ...