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Politics 3 take-aways from the Michael Flynn pardon

20:45  01 december  2020
20:45  01 december  2020 Source:   thehill.com

Trump pardons former national security adviser Michael Flynn, who pleaded guilty to lying to the FBI

  Trump pardons former national security adviser Michael Flynn, who pleaded guilty to lying to the FBI Flynn later sought to withdraw his plea and the Justice Department tried to dismiss the case. Flynn pleaded guilty to a felony in December 2017, admitting that he had misled investigators about details of his conversations with the Russian ambassador during Trump’s presidential transition.

The New York Times reported Wednesday that President Donald Trump‘s former lawyer John Dowd, who resigned last week, “raised [the] prospect of pardons ” to lawyers for fired national security advisor Michael Flynn and former Trump campaign Here are the main takeaways from that report.

General Michael T. Flynn , who was US President Donald Trump's first National Security Advisor, was accused of making "false statements" to the FBI The US Department of Justice on Monday moved to dismiss Flynn 's case as moot, following the granting of a full pardon by President Donald Trump to

a man wearing a suit and tie standing next to a fence: 3 take-aways from the Michael Flynn pardon © Provided by The Hill 3 take-aways from the Michael Flynn pardon

In the aftermath of President Trump's long expected pardon of Michael Flynn, most questions fall into three categories: Legality, Effect, Future Pardons. Here's my take on what is likely to be the first in a series of presidential pardons.

Is the Flynn pardon legal? Yes. Suggestions that the pardon is illegal and perhaps subject to being overturned by a judge are wishful thinking and ungrounded in the law. Article II of the Constitution specifically gives the president the "power to grant reprieves and pardons for offenses against the United States" and it's hard to imagine any presidential pardon falling outside that broad authority. While it may seem a morally corrupt action by Trump to pardon a defendant who has twice admitted his guilt, moral outrage does not make legal cases.

Trump Pardoned Flynn to Save Himself

  Trump Pardoned Flynn to Save Himself The president’s act of clemency was less about mercy than self-interest.At the end of December 2016, Flynn had a series of conversations with Russian Ambassador Sergey Kislyak. A month later, on January 24, 2017, Flynn was asked about those conversations by the FBI agent Peter Strzok.

President Trump pardoned Michael Flynn on November 25. According to the Flynn docket, there is still no motion to dismiss the case based on the President Donald Trump's pardon of his former National Security Adviser Michael Flynn , released on Monday evening by the Justice Department

Donald Trump was happy with the Michael Flynn case being dropped by appeals court in January. Trump has recently pardoned Flynn .

Like any other power created in the Constitution, the pardon power is normally implemented through processes which have been created to bring order and fairness. This is the role which Department of Justice's Office of the Pardon Attorney has come to play over the years. When I was counsel to Attorney General Janet Reno, I witnessed firsthand the long, rigorous work-up of any cases being considered for pardons. That process functioned as guardrails for what might otherwise be a completely haphazard process based solely on whether the pardon seeker had personal connections to the president - sound familiar? But the guardrail hasn't been invented that can't be jumped by persons - or in this case an administration and president - intent on circumventing the usual processes.

How Michael Flynn perfectly explains Trump's presidency

  How Michael Flynn perfectly explains Trump's presidency Three weeks into Donald Trump's presidency, he fired Michael Flynn as his national security adviser. On Wednesday, eight weeks to the day when Trump will leave the White House, he pardoned Flynn for lying to the FBI as part of the investigation into Russian interference in the 2016 election. © George Frey/Getty Images GRAND JUNCTION, CO - OCTOBER 18: Republican presidential candidate Donald Trump (L) jokes with retired Gen. Michael Flynn as they speak at a rally at Grand Junction Regional Airport on October 18, 2016 in Grand Junction Colorado.

Trump’s pardon clears Flynn from anything related to the FBI’s Russia probe, the Mueller investigation and his secret lobbying for Turkey in 2016. The pardon absolves Flynn from “any possible future perjury or contempt charge in connection with General Flynn ’s sworn statements and any other

US President Donald Trump has issued a full pardon for his former national security adviser Michael Flynn , who was swept up in a federal probe looking into discredited claims of Trump-Russia It is my Great Honor to announce that General Michael T. Flynn has been granted a Full Pardon .

What effect does the Flynn pardon have? A presidential pardon does not confer the broad protections of a grant of immunity. The pardon is limited to federal crimes so Flynn is still exposed to potential state charges or even new federal charges. However, the likelihood that a Biden DOJ would bring charges arising from the same circumstances of the Russia probe is unlikely because DOJ would be worried about appearing vindictive or politically motivated. Really, a Biden DOJ would actually care about those issues.

Flynn does lose his Fifth Amendment protections for the crime to which he pled guilty. But the question of whether he might still invoke the Fifth Amendment in future investigations, including ones focused on Trump would have to be litigated on a case-by-case basis. Courts, however, rarely construe losses or waivers of the Fifth Amendment in sweeping terms so any legal fight over the scope of the pardon's effect would be complicated and drawn-out.

A Justified Pardon

  A Justified Pardon Trump’s pardon of Michael Flynn restores the executive branch’s prosecutorial discretion and ends a case that should never have started. There are, however, no heroes in this dismaying saga.

General Flynn Ретвитнул(а) Rick Hanson. (First posted on Parler) The energy required for the true reckoning & repair of our current state will derive its strength, as Michael Flynn ’s statements suggest, from the moral and religious convictions on which the country was founded.

© Provided by dw.com. The US Department of Justice (DOJ) on Monday moved to dismiss charges against President Trump's former security adviser Michael Flynn , arguing the charges are moot following Trump's presidential pardon of Flynn last week.

Who else will get pardoned? Paul Manafort, Trump's former campaign manager, is an odds-on favorite for a pardon. He is serving prison time for a federal case and has refused to roll-over and cooperate against Trump. But on the other hand, Trump has little history of rewarding loyalty and may see no benefit to himself in pardoning Manafort. Other candidates for a pardon would be the Trump children, Ivanka, Don Jr., Eric, Tiffany and even son-in-law Jared Kushner. Here the protection of his pardon would be limited since they would still be vulnerable to state prosecutions like the one under investigation by the Manhattan District Attorney and New York State Attorney General.

Can Trump pardon himself? This is hotly debated by Constitutional law scholars but my view as a practitioner is the answer is probably yes. But more importantly for Trump, granting himself a pardon would tie up potential federal prosecutions against him for some time in the federal courts. The end game there would be Trump's hope that his pardon gambit would end up before the U.S Supreme Court. Once there, Trump could rest his fate on the newly conservative majority ruling in his favor by relying upon their "originalist" theories to mask their bias favoring broad presidential powers. Still, pardoning himself only buys Trump limited protection as some of the gravest threats to him criminally are in the hands of state authorities over whom he will soon lack any leverage whatsoever.

Shan Wu is a former federal prosecutor and CNN legal analyst. He served as counsel to former Attorney General Janet Reno and writes frequently on racism in the law. (Twitter handle: @shanlonwu).

Everyone Trump Might Pardon Before He Leaves Office .
From his three eldest children to Tiger King’s Joe Exotic, there are a number of people the president may try to pardon — including himself.It’s far from clear who will ultimately make Trump’s final list. According to an Axios report, the president recently told an adviser he was going to pardon “every person who ever talked to me,” and Trump has apparently developed a habit of interrupting conversations to, per Axios, “spontaneously suggest that he add the person he’s speaking with to his pardon list,” regardless of whether or not they want to be on it or have committed a crime.

usr: 0
This is interesting!