President Trump has issued a pardon to Gen. Michael Flynn. Flynn pleaded guilty to lying to the FBI, a felony. However, a Justice Department investigation caused Attorney General Barr to conclude that the prosecution should not have been brought.
Accordingly, the Justice Department sought to dismiss the prosecution. That should have ended the case, as matter of law.
However, Judge Emmet Sullivan, unhappy that Flynn had either lied to the FBI or lied in his courtroom when he pleaded guilty, kept the matter alive. Months after the case should have been dismissed, it was still hanging over Flynn’s head.
I think the pardon was justified on several grounds. First, the Justice Department’s decision to dismiss the case against General Flynn should have ended his legal jeopardy. Second, General Flynn served this country with distinction for decades. Third, Flynn was set up by vindictive operatives in the Obama administration and the resulting prosecution was marred by irregularities and misconduct.
It would have been better had Sullivan dismissed the case against Flynn or if the D.C. Circuit had ordered dismissal. However, time was beginning to run short, given that the Biden administration probably would have reversed Attorney General Barr’s decision to seek dismissal.
Therefore, I’m glad that Trump pulled the trigger and put this case out of its misery.