While Donald Trump pardoned his former national security adviser, Michael Flynn with the belief that his action would clear Flynn of all possible criminal charges or penalties, the case may not turn out the way the president expected.
A former federal prosecutor pointed out Wednesday that Flynn’s pardon could be voided by the judge who oversaw his, case.
Glenn Kirschner sent out this tweet explaining the rationale for his thinking:
Trump pardons Flynn. No surprise. This is another in what likely will be a steady stream of corrupt pardons. Just as Judge Emmet Sullivan refused to grant Barr’s corrupt motion to dismiss, I hope Judge Sullivan sets a hearing on whether this pardon is corrupt & hence illegal/void
— Glenn Kirschner (@glennkirschner2) November 25, 2020
Later in the evening, Kirschner added this:
If Trump delivers a pardon to stop the recipient from providing incriminating information about him, such a pardon would be corrupt & challengeable in court. If Trump pardons HIMSELF, that would be corrupt & challengeable in court. Presidential pardons are NOT unchallengeable. https://t.co/cawxE8N3bu
— Glenn Kirschner (@glennkirschner2) November 26, 2020
That’s right: A pardon can be illegal and challenged in court, as civil rights attorney Andrew Laufer noted when he concurred with Kirschner:
Glenn and I are on the same page. Let’s see what Judge Sullivan does. https://t.co/CD7EUBSiix
— Andrew C Laufer, Esq (@lauferlaw) November 25, 2020
Flynn’s pardon now needs to be entered in the Court docket. Let’s see what Judge Sullivan does next. Remember, the Court isn’t a rubber stamp. It had to approve Flynn’s plea withdrawal and Barr’s attempt at dismissing the prosecution. https://t.co/KUKHB4pvd5
— Andrew C Laufer, Esq (@lauferlaw) November 25, 2020
U.S. presidents do indeed have almost unfettered power when it comes to pardons. But that power is not absolute, especially if the pardon was granted to cover up another crime that was committed by the president, i.e. conspiring with Russia.
For now, Trump and Flynn may think they’re in the clear. But it might not be that cut and dried. Let’s wait and see how Judge Sullivan reacts to what transpired on Wednesday. A week or two from now, Michael Flynn could still be a convicted felon and Donald Trump could be facing non-pardonable offenses in New York and other states.