***TREASON*** (?)

In the sentencing hearing for former national security adviser Michael Flynn, the presiding judge, Emmet Sullivan, denounced Flynn and argued that he might be guilty of treason.

Judge Sullivan now asking whether Flynn could have been charged with treason (!).
Van Grack (Flynn's defense lawyer) didn't answer.
Flynn was pleading guilty to making false statements to the FBI, special counsel Robert Mueller, and his team.

Treason, by contrast, is a capital crime.

It is possible that the judge was making a rhetorical point.

He was clearly outraged by Flynn’s conduct (“Arguably, this undermines everything this flag over here stands for!” he exclaimed).

There is a colloquial meaning of “treason,” in which it consists of betraying your country in favor of the interests of another country. Flynn took money from the Turkish government shortly before delaying an anti-ISIS military plan Turkey opposed.

“Lots of disloyal, dangerous behavior that amounts to a betrayal of the country can’t technically be prosecuted as treason,” UC Davis professor Carlton Larson wrote in an email. “Flynn’s behavior is a good example.”

Treason is defined within the Constitution, Article III, Section 3: . . . . . "Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court. The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted."

Now, Michael Flynn is obviously not going to be prosecuted for treason. The claim that he provided aid and comfort to our enemies in some way (Judge Sullivan was specifically referencing to Flynn’s ties to Russia) is an interesting point - pointing at Trump.

Judge Sullivan also asked prosecutor Brandon Van Grack whether Flynn's conduct (promising to revisit/undo the sanctions that had just been imposed by the US in response to Russia's attack on the election) rised to the level of treason.

Treason is a very limited crime. It’s rarely prosecuted outside of wartime.

Besides, the Trumps have other issues - in spades!