Flynn's pardon

Blog Post Date: Nov 27th, 2020

Blog Post Last Update: Dec 5th, 2020

Details of Flynn's Pardon (Nov 30th)

I am no expert but this pardon looks written to try to establish a precedent for blanket pardons. It pardons all offenses within the jurisdiction of the Special Counsel, something Trump may hope to do for himself and the lawbreakers he surrounds himself with. Nice try won’t work. https://t.co/R5i7sYWs7G
— Neal Katyal (@neal_katyal) November 30, 2020

Short version: Flynn committed a whole slew of crimes - lying to the FBI *and more* - and this pardon covers all of ‘em, plus anything else anyone could possibly think of.

As I’ve said: a flagrantly corrupt abuse of power. https://t.co/3z8h7KpjIe
— Elie Honig (@eliehonig) November 30, 2020

Wow. Flynn’s pardon extends to any crimes within the “investigatory authority” of the Special Counsel, including crimes *arising* out of facts “known to” the SC within the scope of its investigation. Kinda suggests that his criminal liability wasn’t just lying to the FBI 🤔🙄 https://t.co/iTuPk2yxn3
— Asha Rangappa (@AshaRangappa_) November 30, 2020

Remarkably sweeping language for the pardon. It absolves Flynn of lying to the FBI and also:

"any and all possible offenses arising from the facts set forth ... or that might arise, or be charged, claimed or asserted" baed on the Mueller investigation or any grand juries.
— Kyle Cheney (@kyledcheney) November 30, 2020

Flynn and Nixon's pardons stand out (of the 2100 or so Presidential pardons)

Since 1974, there have been over 2,100 Presidential pardon orders. Only two have vague language like at the end of Flynn's: Ford's pardon of Nixon and GWBush's pardon for Iran-Contra, a Bill Barr special. Neither were tested in court. https://t.co/Gu5lszuFAf
— Max Kennerly (@MaxKennerly) November 30, 2020

Dec 1st - Bribery-for-pardon scheme, bribing conspiracy

Why would innocent people pay money for pardons? Only traitors and criminals would do that!

Well, well, well. This tweet suggests there’s something that implicates Trump team.👇

Maybe this: “The emails ... indicate that [REDACTED] expected [REDACTED] to assist in obtaining clemency ... due to ... [REDACTED]’s anticipated future substantial political contributions.” pic.twitter.com/w1AbtpThuE
— Ryan Goodman (@rgoodlaw) December 2, 2020

#PardonGate DOJ investigating potential White House 'bribery-for-pardon' scheme https://t.co/gsw7rGUBm5 via @nbcnews
— Frank Figliuzzi (@FrankFigliuzzi1) December 2, 2020

I’m heartened to see that the FBI has been investigating bribery-for-presidential-pardon schemes/crimes for many months now. And I’m glad Chief Judge Beryl Howell decided to allow the public to see the (heavily redacted) documents even though Barr’s DOJ objected to their release.
— Glenn Kirschner (@glennkirschner2) December 2, 2020

NEW NEW: The Justice Dept is investigating a potentially criminal scheme of bribery for a presidential pardon.

LOTS redacted/unknown ... but court records are here, released this afternoon by the DC District Court: https://t.co/4Bk6R7u41m
— Katelyn Polantz (@kpolantz) December 1, 2020

"Bribery-for-pardon scheme." Those are the Justice Department's own words.
— Kyle Griffin (@kylegriffin1) December 2, 2020

BREAKING from CNN:
“The Justice Department is investigating a potential crime related to funneling money to the White House in exchange for a presidential pardon, according to a court record unsealed on Tuesday by the chief judge of the DC District Court.”
— John Harwood (@JohnJHarwood) December 1, 2020

Potential Pre-emptive Pardons for criminals, traitors

Giuliani, Manafort, Barr, Charlie Kushner, Jared Kushner, Don Jr., Erik Prince, Roger Stone, Ivanka Trump, Eric Trump, Nunes,Gaetz, Rand Paul, Mike Pompeo, Mnuchin, Mulvaney, Ghislaine Maxwell

Bill Barr pardon now may be unlikely since he didn't "uncover" fraud in the elections which will displease King Trump

A federal pardon for Manfort may be useless, as NY state charges can put him back in prison.

Like the Godfather, but with pardons. https://t.co/QuVoaw6VMN
— Tea Pain (@TeaPainUSA) December 2, 2020

NEW: Trump has discussed with aides pardons for Don Jr, Eric, Ivanka, Kushner, and Giuliani. https://t.co/Ng8Nrlhmfs
— Scott Stedman (@ScottMStedman) December 2, 2020

BREAKING: AG Bill Barr says DOJ hasn't uncovered evidence of widespread voting fraud that would change the outcome of the 2020 presidential election.https://t.co/GpsxSQ8GnK
— Axios (@axios) December 1, 2020

Breaking News: Rudy Giuliani recently discussed with President Trump the possibility of receiving a pre-emptive pardon before Trump leaves office. https://t.co/kQ49dPLyWt
— The New York Times (@nytimes) December 1, 2020

Important to report developments like this when they’re confirmed, but also the least surprising news

Expect a pardon for Charlie Kushner (Jared’s dad) and a pardon for Roger Stone who received a commutation earlier this year

Also look for a preemptive pardon for Rudy Giuliani. https://t.co/RkYmaUFT8X
— Yashar Ali 🐘 (@yashar) November 25, 2020

A Presidential pardon carries an "imputation of guilt" and acceptance of a pardon is a confession to such guilt.

Right here. It's not difficult to look up.https://t.co/Vt6UQqfhnB The Supreme Court stated in Burdick v. United States that a pardon carries an "imputation of guilt," and acceptance of a pardon is a confession to such guilt.https://t.co/SimiOYEz8X › wiki › Federal_pardons_in_
— BClark (@bclarksandiego) January 2, 2020

A presidential pardon takes away an individual's ability to plead the Fifth Amendment. Trump and Flynn may regret this decision.
— Ted (@trom771) November 25, 2020

A pardon is usually not granted to the President's co-conspirators. Something that Nixon understood and Trump doesn't

The Flynn pardon is a corrupt abuse of power, a move even Richard Nixon knew he couldn’t get away with for his co-conspirators. This is one of the most corrupt actions ever by a US president. Full stop.
— Garrett M. Graff (@vermontgmg) November 25, 2020

Glenn Kirschner makes the case that ‘we have to be prepared to fight corrupt pardons’ when it comes to Trump’s pardon of Michael Flynn and commutation of Roger Stone. https://t.co/Dqe0d1tuRj
— The ReidOut (@thereidout) November 26, 2020

A Presidential pardon covers only federal crimes. So, state charges can be brought up

A presidential pardon covers federal crimes. So if Trump pardons himself, it could be challenged by (for example) the federal prosecutors at SDNY indicting him for the campaign finance crimes/conspiracy w/Cohen. Trump would then offer the pardons as a defense. Then we litigate. https://t.co/OcrYfNc0fW
— Glenn Kirschner (@glennkirschner2) November 26, 2020

A REMINDER ABOUT PARDONS: you don’t have to be charged to be pardoned. Trump pardoned Flynn of all federal criminal behavior. He can’t be charged for anything he did before today. He can’t be pardoned for future crimes. The pardon CAN be fought in court by Biden’s DoJ. 1/
— Mueller, She Wrote Podcast (@MuellerSheWrote) November 25, 2020

This doesn’t cover any state crimes but Flynn hasn’t (yet) been charged by a state. This ALSO doesn’t cover Flynn’s SON’S crimes which may have been dealt away for Flynn’s cooperation. Flynn’s son can still be charged. 2/
— Mueller, She Wrote Podcast (@MuellerSheWrote) November 25, 2020

A pardonned Flynn urges Trump and GOP to steal the election (coup)

Days after calling for a military coup, Michael Flynn tells Jeanine Pirro that governors should "not certify these elections"

Flynn also calls Sidney Powell “America's guardian angel of justice”https://t.co/E627eQWwHL
— Media Matters (@mmfa) December 6, 2020

Flynn pardoned on Nov 25th

It is my Great Honor to announce that General Michael T. Flynn has been granted a Full Pardon. Congratulations to @GenFlynn and his wonderful family, I know you will now have a truly fantastic Thanksgiving!
— Donald J. Trump (@realDonaldTrump) November 25, 2020

https://twitter.com/donwinslow/status/13318368384037355534

President Trump just pardoned Michael Flynn. This is exactly why I introduced the Presidential Pardon Transparency Act which would require that all Presidential pardons be disclosed to the public within three days of being issued. https://t.co/5Qac6jsRSR
— Congressman Raja Krishnamoorthi (@CongressmanRaja) November 25, 2020

Here’s a thought: a Presidential pardon should be required to LIST the crimes committed so it’s clear that a president KNOWS exactly what crimes he’s pardoning! I’m pretty sure Trump has NO IDEA of the full scope of Flynn’s crimes. A “blanket pardon” is an “unknowing pardon.”
— Glenn Kirschner (@glennkirschner2) November 26, 2020

Since the announcement came via tweet, we don't have the full text of Trump's official pardon for Flynn (it's not on the DOJ site yet) — one thing to watch for is how broad it is. Is it for anything and everything, or just the count Flynn pleaded guilty to https://t.co/8iEs2UK79R
— Zoe Tillman (@ZoeTillman) November 25, 2020

Flynn is a criminal, a traitor who had pled guilty twice

Michael Flynn pleaded guilty for lying to the FBI twice—and should be held accountable for it. The President’s decision to pardon him today is corrupt. No one should be above the law—regardless of their connections.
— Cory Booker (@CoryBooker) November 25, 2020

Flynn pled guilty — twice — to lying to the FBI.

And in return?

He now gets a presidential pardon.

The President’s latest abuse of power may be unsurprising. But it cannot be normalized.

It is corrupt.

And it should shock the conscience of every American.
— Rep. Joe Neguse (@RepJoeNeguse) November 25, 2020

Only traitors and criminals cheer the pardoning of a fellow traitor and criminal

This is a huge list, only a few key people are listed below

#ICYMI: Trump’s Michael Flynn Pardon Is Only The Beginning Of The Justice This Nation Deserveshttps://t.co/CQYQFshqsD
— House Judiciary GOP (@JudiciaryGOP) November 30, 2020

Very good use of the pardon power by President @realDonaldTrump.

General Flynn was NOT a Russian agent.

Instead, he was the victim of a politically motivated investigation and prosecution where the ends justified the means. https://t.co/DVi5GbzXFu
— Lindsey Graham (@LindseyGrahamSC) November 25, 2020

I hope General Flynn can now move forward with his life.

Well done President Trump!
— Lindsey Graham (@LindseyGrahamSC) November 25, 2020

The chief of staff & press secretary have both congratulated Mike Flynn on his pardon tonight without mentioning how lied to those who preceded them. Trump said he fired Flynn for lying to Pence, but Flynn had also lied to multiple others, including Reince Priebus & Sean Spicer.
— Kaitlan Collins (@kaitlancollins) November 25, 2020

100% the right call to pardon General Michael Flynn.

He shouldn’t have ever been targeted like this in the first place.

One item remains...Crimes and other misconduct were committed against @GenFlynn along the way and that justice still remains absolutely necessary today. https://t.co/10nQoJH13S
— Lee Zeldin (@RepLeeZeldin) November 25, 2020

This pardon is well deserved, principled, and one of President Trump’s best decisions.

Every American, including @RepJerryNadler, should be enraged by what James Comey’s FBI did to General Flynn.

Justice! https://t.co/JB9sZS2u9s
— House Judiciary GOP (@JudiciaryGOP) November 25, 2020

God Bless Michael Flynn!
— Rep. Jim Jordan (@Jim_Jordan) November 25, 2020

Congratulations to General Flynn—a well deserved day for an American Patriot.

What the left did to him and his family these last 4 years must never be allowed to happen again in America.
— Mark Meadows (@MarkMeadows) November 25, 2020

MICHAEL FLYNN IS PARDONED!

JUSTICE‼️ 🇺🇸🇺🇸🇺🇸
— Kayleigh McEnany (@kayleighmcenany) November 25, 2020

President Trump should pardon Flynn, the Thanksgiving turkey, and everyone from himself, to his admin, to Joe Exotic if he has to.

The Left has a bloodlust that will only be quenched if they come for those who fought with @realDonaldTrump to deliver for the American people. pic.twitter.com/wdTfu3Xwmp
— Rep. Matt Gaetz (@RepMattGaetz) November 25, 2020

American patriot Lt Gen Flynn was railroaded by politically motivated FBI top brass for yrs We now know abt lengths FBI went to entrap Flynn +conceal exculpatory evidence+ pressure him 2plead guilty Thanks 2Pres Trump, this sham is over & Flynn is free Happy Thanksgiving Lt Gen!
— ChuckGrassley (@ChuckGrassley) November 25, 2020

Justice! Thank you, Mr. President! https://t.co/ZbfzeWZvHj
— Doug Collins (@RepDougCollins) November 25, 2020

What happened to @GenFlynn was a national disgrace. No American should ever be targeted for simply belonging to a certain political party.

President @realDonaldTrump is right to pardon the respected three-star general.
— Kevin McCarthy (@GOPLeader) November 25, 2020

Flynn's crimes (Judge Emmet Sullivan called Flynn a traitor)

Flynn was also behind selling nuclear tech to the Saudis (he was caught texting about it on inauguration day)

Trump's Corrupt Pardon of Flynn MUST be Challenged; Even Barr Says it’s a Crime for a President to Swap a Pardon for Silence. How much presidential crime will we allow to go unchallenged? #JusticeMatters https://t.co/R0zyBrRGiF via @YouTube
— Glenn Kirschner (@glennkirschner2) November 27, 2020

Remember, Flynn has testified under oath to Robert Mueller. Bill Barr has redacted parts of the Mueller Report. The Judge in Flynn's case has seen the unredacted Report - and called Flynn a TRAITOR

All Congress needs to do, is ask those same questions of Flynn:

TRUMP IS COOKED pic.twitter.com/LfkBLV2mGq
— Tomi T Ahonen (@tomiahonen) November 25, 2020

Judge Sullivan to Flynn after his guilty plea: “All along you were an unregistered agent of a foreign country while serving as National Security Advisor to the President of the United States ... You undermined everything this flag stands for. Arguably, you sold your country out.”
— Robert J. DeNault (@robertjdenault) November 25, 2020

For the record, here is Judge Gleeson's brief explaining the nature and gravity of Michael Flynn's crimes against the United States

It was a privilege to serve among counsel for this brief, joined by some of the most dedicated lawyers I knowhttps://t.co/8oC0mGela0
— Joshua Matz (@JoshuaMatz8) November 25, 2020

Dear the Press: If you're going to report on a potential Flynn pardon, probably important to note Flynn's facing at least 3 crimes, not 1:
False statements he pled to
Secretly acting as an Agent of Turkey, which DOJ can charge now that he has disavowed plea
Lies he told in Court
— emptywheel (@emptywheel) November 25, 2020

Michael Flynn lied to investigators about communicating with a foreign adversary. That's a crime.

Trump dangled a pardon in exchange for Flynn's non-cooperation. That's abuse of power.

This pardon is another stain on Trump’s rapidly diminishing legacy.https://t.co/mYWFjvWSRE
— Rep. Nadler (@RepJerryNadler) November 25, 2020

"he was paid to push for the expulsion from the U.S. of dissident cleric Fethullah Gulen." https://t.co/LhEehmyK30
— John Hudson (@John_Hudson) November 25, 2020

Does everyone remember flynn was part of a propose plot to kidnap a Turkish dissident in the US and fly him back to Turkey? And that was before he even entered the White House. https://t.co/DBjkdqF063
— Naveed Jamali (@NaveedAJamali) November 25, 2020

Remember the time Flynn tried to transfer nuclear tech to the Saudi’s & was caught literally texting about it during the inauguration & nothing was done about that either? Good timeshttps://t.co/NJglPimGt7
— scjo (@sassiscjo) November 25, 2020

Flynn’s legal lobbying was even worse than the illegal lobbying for Turkey. Flynn is a traitor. https://t.co/joEImJ35av
— Tina -#BidenHarris2020 (@trcfwtt) November 25, 2020

That shouldn’t stop the inquiry into DOJ’s behavior. The judge’s brief is stunning. https://t.co/gFUoMz0Ck7
— Sheldon Whitehouse (@SenWhitehouse) November 26, 2020

Flynn's son's crimes

Why did Mueller give Flynn a sweetheart deal and agree to not prosecute Flynn's criminal son?

Was Mueller bribed to look the other way? There is no good explanation as to why Mueller let so many GOP traitors skate (There is no OLC opinion that suggests GOP traitors can't be indicted.)

Reup, for those saying that Mike Flynn Jr only got "threatened" to make Flynn plea.

Mike Flynn's Son Invoked His Fifth Amendment Privilege Early in the Investigation into His Fatherhttps://t.co/6LYIj63ttH
— emptywheel (@emptywheel) November 27, 2020