US judge formerly dismisses case against ex-NSA Michael Flynn, says pardon does not make him innocent
Dec 08, 2020
Washington [US], December 9 : A federal judge on Tuesday agreed to dismiss the case against Michael Flynn following President Donald Trump's pardon of his former national security adviser, but said that the grant of clemency does not mean that Flynn is innocent of lying to the Federal Bureau of Investigation (FBI), reported The Hill.
In 2017, Flynn had pleaded guilty to lying to FBI agents regarding his connection with a Russian diplomat, Sergey Kislyak.
US District Court Judge Emmet Sullivan granted the Department of Justice's motion to dismiss the case as moot following the pardon in a 43-page decision that took issue with Flynn's conduct in the case as well as prosecutors' sudden decision in May to drop charges against one of the president's allies.
"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 [Mr. Flynn] innocent of the alleged violation," said Sullivan.
Last month, Trump had announced that he had granted Flynn a 'full pardon'.
"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!" Trump wrote on Twitter.
In January this year, Flynn had moved the court seeking to withdraw his guilty plea on charges of lying to the FBI before he was to be sentenced in just two weeks.
A plea agreement was reached between Flynn and special counsel Robert Mueller's office two years back Flynn has also vowed to cooperate in the probe into alleged Russian meddling in the 2016 presidential polls.
