|
On the real side from someone who knows how it works
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 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. 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 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 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 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 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.
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.
Andrew C. Laufer, Esq.
Posted from my iPhone/Mobile device
|