A federal district judge is dropping the prosecution of former National Security Advisor Michael Flynn after President Donald Trumppardoned him.
But, he added in his opinion that Trumpās pardon does not mean Flynn is innocent.
In aĀ 43-page decision on Tuesday, U.S. District Judge Emmet Sullivan wrote, āThe history of the Constitution, its structure, and the Supreme Courtās interpretation of the pardon power make clear that President Trumpās decision to pardon Mr. Flynn is a political decision, not a legal one.ā
āBecause the law recognizes the Presidentās political power to pardon, the appropriate course is to dismiss this case as moot. However, the pardon ādoes not, standing alone, render innocent of the alleged violation,'ā he added.
Flynn pleaded guilty to lying to the FBI about his contacts with the then-Russian ambassador in 2017. However, earlier this year, he sought to withdraw his guilty plea.
In May, the Department of Justice filed a motion to drop the prosecution of Flynn, as IJR reported.
In its filing, the department said, āWe do not believe that the Government can prove either the relevant false statements or their materiality beyond a reasonable doubt.ā
However, Sullivan said it was a āclose questionā as to whether he would have dropped the case without Trumpās pardon. He wrote, āAs explained below, the Court finds both stated rationales dubious, to say the least, arguably overcoming the strong presumption of regularity that usually attaches to prosecutorial decisions.ā
āWhere, as here, the government justifies its motion by ignoring applicable law to now question the strength of its case, substantial doubt arises about the governmentās stated reasons for seeking dismissal,ā he added.
Trump announced he had granted Flynn a pardon one day before Thanksgiving, as IJR reported.
While conservatives celebrated the pardon of Flynn, who they claimed was unfairly targeted for prosecution, Democrats alleged it was a corrupt use of the presidential pardon power.