After years, the criminal case against Michael Flynn has officially been dismissed. On Tuesday, Judge Emmett Sullivan begrudgingly dismissed the case following President Trump’s official pardon of Flynn on Nov. 25th.
Have a great life General Flynn! https://t.co/Qj21mnMP0k
— Donald J. Trump (@realDonaldTrump) November 26, 2020
Fox News reports:
“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 said in his Tuesday order. “Because the law recognizes the President’s political power to pardon, the appropriate course is to dismiss this case as moot.”
Flynn pleaded guilty on Dec. 1, 2017 to giving false statements to the FBI that included statements regarding his communications with a Russian ambassador. Those discussions covered topics including Russia’s response to U.S. sanctions and a UN security council resolution regarding Israel. Flynn also admitted to filing paperwork under the Foreign Agents Registration Act that contained misrepresentations regarding business with Turkey. His sentencing was delayed due to his cooperation with prosecutors.
In 2019, Flynn began to claim innocence in the case, citing alleged FBI misconduct. FBI records were produced that called their interview into question, including handwritten notes that indicated an internal question as to whether the interview was meant to extract truth from Flynn or to get him to lie so authorities could pressure him with prosecution or termination.
Flynn’s attorneys later filed additional notes from former FBI official Peter Strzok. The lawyers said the notes indicated then-FBI Director James Comey appeared to downplay Flynn’s calls during the presidential transition with Russia’s ambassador as “legit” during a meeting where then-President Barack Obama and then-Vice President Joe Biden also weighed in.
The Department of Justice had previously moved to dismiss Flynn’s case however Judge Sullivan rejected the motion.