Judge Dismisses Flynn Case, but Stresses Trump’s Pardon Does Not ‘Render’ Him ‘Innocent’

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 Trump’s pardon does not mean Flynn is innocent.

In a 43-page decision on Tuesday, U.S. District Judge Emmet Sullivan wrote, “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.”

“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 innocent of the alleged violation,'” 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, “We do not believe that the Government can prove either the relevant false statements or their materiality beyond a reasonable doubt.”