Trump’s Flynn Pardon: Will the Judge Accept It?
Editorial of The New York Sun | November 25, 2020
Will Judge Emmet Sullivan accept President Trump’s pardon of General Michael Flynn? No one has suggested that possibility, other than The New York Sun. The general’s case, though, has become a bonfire of the vanities of one district judge who has denied the presumption of regularity to an official act of the United States government — meaning Attorney General William Barr’s attempt to drop the case.
So why would Judge Sullivan credit President Trump’s workaround of a pardon? We understand, the pardon could be the least fettered of all the powers that the Constitution grants to the president. That doesn’t guarantee that a runaway judge won’t ignore or reject a pardon. The pardon power, after all, is no more holy writ than the clause in Article III that limits the power of the courts to deciding actual cases and controversies.
The reason Mr. Trump pardoned General Flynn in the first place is because the District Judge in the case, Emmet Sullivan, is refusing to accept the government’s finding — on which prosecution and defense agree — that a case or controversy no longer exists. Instead, Judge Sullivan appointed an amicus lawyer to launch a whole new probe, this time against General Flynn and the Attorney General of the United States.
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https://www.nysun.com/editorials/the-flynn-pardon-will-the-judge-accept-it/91349/