What Would a Flynn Pardon Mean?

There are those, mainly Trump supporters, who declare that former Director of National Security
Michael Flynn has no information that would implicate President Trump in a conspiracy to collude with
the Russians to affect the American presidential election. No proof of collusion, nothing to fear.
Others are convinced that Gen. Flynn must have valuable inculpatory information or he would not
have been allowed the favorable plea deal which involved only a single felony, limited jail exposure
and a free pass for his son.

However, those in the president's camp who believe that Flynn poses a serious threat to Trump's
presidency, or even his liberty, counsel that the risk can be obviated by granting him a pardon. The
opposition warns that such an action would likely provoke a constitutional crisis. A pardon would be
ineffective anyway, say the anti- Trumpists, because Flynn would still be prosecutable by state
attorneys-general for violation of local law, violations beyond the President's power to pardon ..
Besides, they argue, it is reasonable to presume that Flynn, who has been cooperating with the
investigation headed by Special Counsel Robert Mueller, has already given statements under oath and
any significant alteration of his testimony would constitute perjury, a crime which would not be
pardonable. Since the pardon would remove any legal basis for Flynn to invoke his Fifth Amendment
right against self-incrimination he could be compelled to testify. Anyone hoping that Flynn will take the
stand and give testimony that brings down the Trump presidency should take no comfort in that
scenario.

If President Trump pardons Flynn the general will be relieved of exposure to federal punishment
stemming from his plea. If a state attorney-general then attempts to bring state criminal charges
against Flynn he can refuse to testify by claiming his Fifth Amendment right since the federal pardon
does not shield him from criminal exposure under state law. Thus, if Flynn is pardoned by the
President he will be able to avoid criminal liability under federal law and minimize his exposure under
state law, by refusing to testify (although statements he has already made might well be admissible
against him in state court). Given this virtual immunity Flynn, if he is so inclined, can spare the
President the consequences of his potentially damning testimony. Ultimately, it may come down to
whether Gen. Flynn, for personal or patriotic reasons, elects to tell all he knows or chooses to go silent.

House Rush to Judgment

Representative Trey Gowdy, who bills himself as an experienced and impartial prosecutor in his earlier life, is now spearheading a mad dash to close down the investigation, by the House Intelligence Committee, of Russian interference and Trump campaign collusion in the last election (Dec. 16, p.A14). Stacking multiple interviews on short notice, in different locations, on dates inconvenient to Democratic committee members, Republicans seek to end harmlessly the congressional inquiry even as they badmouth the continuing investigation being conducted so professionally by Special Counsel Robert Mueller.

Rep. Gowdy, who found it perfectly appropriate to prolong a needless revisitation of Benghazi for the umpteenth time, to badger the Clinton campaign, has now falsely opined , even before all the interviews have been concluded, that no evidence of collusion or conspiracy has been produced. It would seem Mr. Gowdy's sense of timing (and fairness) depend upon the political identity of his subject

House Rush to Judgment