Judge formally dismisses Flynn case but says pardon doesn't make him innocent
By Harper Neidig - 12/08/20 02:30 PM EST
A federal judge on Tuesday agreed to dismiss the case against Michael Flynn following President Trump's pardon of his former national security adviser but in a parting shot at the administration said the grant of clemency does not mean Flynn is innocent of lying to the FBI.
U.S. District Judge Emmet Sullivan granted the Department of Justice's (DOJ) motion to dismiss the case as moot following the pardon in a 43-page decision that took issue with Flynn's conduct in the case as well as prosecutors' sudden to decision in May to drop charges against one of the president's allies.
"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, who was appointed by former President Clinton, wrote. "Because the law recognizes the President’s political power to pardon, the appropriate course is to dismiss this case as moot. However, the pardon 'does not, standing alone, render [Mr. Flynn] innocent of the alleged violation.'"
Trump's pardon late last month came as Sullivan was deliberating whether to grant the DOJ's surprising reversal in the case.
Flynn had pleaded guilty in 2017 to lying to the FBI about his conversations with Sergey Kislyak, then the Russian ambassador to the U.S. Flynn later proclaimed his innocence in court and sought to change his plea as he was set for sentencing earlier this year.
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https://thehill.com/regulation/court-battles/529291-judge-says-flynns-pardon-doesnt-make-him-innocent-formally-dismisses
