Judge Dismisses Case Against Gen. Flynn Following Pardon from President Trump


A federal judge on Tuesday dismissed the criminal case against former Trump administration national security adviser Michael Flynn.

The order from U.S. District Judge Emmet Sullivan was expected in light of the pardon from President Donald Trump that wiped away Flynn’s conviction for lying to the FBI during the Russia investigation.

Sullivan acknowledged in his 43-page order that the president’s pardon required the case to be dismissed. But he claimed that the decision to pardon Flynn was a political, rather than legal, one.

Top Democratic Operatives Were Working Against Biden Earlier Than Previously Thought, Used Debate as a 'Set-Up': Report

“The history of the Constitution, its structure, and the Supreme Court’s interpretation of the pardon power make clear that President Trump’s decision to pardon Mr. Flynn is a political decision, not a legal one,” Sullivan wrote.

“Because the law recognizes the President’s political power to pardon, the appropriate course is to dismiss this case as moot.”

He also argued that the pardon did not mean that Flynn was innocent of a crime to which he had twice pleaded guilty.

Though the president has the right to pardon Flynn, “a pardon does not necessarily render ‘innocent’ a defendant of any alleged violation of the law,” Sullivan wrote. “Indeed, the Supreme Court has recognized that the acceptance of a pardon implies a ‘confession’ of guilt.”

Do you support the dismissal of the case against Flynn?

The order brings to an end a yearslong legal saga.

The Justice Department last spring moved to dismiss Flynn’s case, arguing that there was no basis for the FBI to have questioned him in the first place and that the statements he made during the interview were immaterial to the underlying investigation into whether the Trump campaign had colluded with Russia.

Sullivan had resisted the department’s request to dismiss the case and appointed a former federal judge from New York to argue against its motion.

He defended his stance on Tuesday even as he dismissed the case, writing that “many of the government’s reasons for why it has decided to reverse course and seek dismissal in this case appear pretextual, particularly in view of the surrounding circumstances.”

[jwplayer ZL5r9cmh]

The Western Journal has reviewed this Associated Press story and may have altered it prior to publication to ensure that it meets our editorial standards.

Truth and Accuracy

Submit a Correction →

We are committed to truth and accuracy in all of our journalism. Read our editorial standards.

, , , , , ,
The Associated Press is an independent, not-for-profit news cooperative headquartered in New York City. Their teams in over 100 countries tell the world’s stories, from breaking news to investigative reporting. They provide content and services to help engage audiences worldwide, working with companies of all types, from broadcasters to brands. Photo credit: @AP on Twitter
The Associated Press was the first private sector organization in the U.S. to operate on a national scale. Over the past 170 years, they have been first to inform the world of many of history's most important moments, from the assassination of Abraham Lincoln and the bombing of Pearl Harbor to the fall of the Shah of Iran and the death of Pope John Paul.

Today, they operate in 263 locations in more than 100 countries relaying breaking news, covering war and conflict and producing enterprise reports that tell the world's stories.
New York City