So it appears Trump may attempt to pardon Flynn. This was expected. No surprise here. We need to take a breath and understand that this will not work out for Trump or Flynn. We have already seen what Judge Sullivan has done when Barr attempted to dismiss Flynn’s prosecution 1/
The Court said “hold on” and appointed special counsel to investigate it - Judge Gleeson, ret. - and refused to do so. This then went to the DC circuit and ultimately Judge Sullivan’s rulings not to dismiss Flynn’s prosecution was ultimately upheld. 2/
I have the same inclination I had before that Judge Sullivan will take a similar stance to appoint special counsel - Gleeson most likely will continue - to review and probably challenged the legality of the pardon. We have also seen the beginnings of this before 3/
Judge Amy Berman-Jackson in her acceptance of amicus briefs regarding the legality of Roger Stones’s sentence commutation due to Trump’s entanglement. A lawful power, like POTUS’s right to pardon crimes or commute sentences is enshrined in Article 1 of the construction. It is 4/
one of the most expansive powers held by POTUS. Be that as it may, a lawful power exercised for an unlawful purpose is a crime. For example, if a president is bribed to pardon a criminal, the pardon would be unlawful - fruit of an illegal act although POTUS has the power 5/
to pardon. The same holds true if POTUS conspires with another to commit a crime. He would be providing cover for his co-conspirators in evading prosecution. Further, by pardoning his co-conspirator, it also acts as a self-pardon since it would extinguish the criminal 6/
conspiracy. A pardon also causes the pardoned to plead guilty for all crimes pardoned. It also does away with their 5th amendment rights . That, in turn, would require anyone who accepts a pardon to testify about their role in any crimes pardoned if compelled to do so. 7/
Suffice to say, if Trump issues a pardon to Flynn, it will open up a hornets nest of problems for him and Flynn. Stay strong Patriots. X
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