Cogito Ergo Non Serviam
Trump Pardons Flynn, More to Come
President Trump tweeted yesterday that he had pardoned his former National Security Advisor and admitted felon Michael Flynn. General Flynn had lied to the FBI about contacts he had with Russian officials before the inauguration of President Trump. As a result, he was open to blackmail by the Russians, who knew he had lied. General Flynn admitted twice in court that he was guilty, and his sentencing was continually put off. The pardon means he is no longer considered a felon, cannot be prosecuted under federal law for his actions, but he remains open to state prosecution. This should follow swiftly.
The Flynn case is just one of many that will be resolved with pardons, clemency and communations before the president leaves office in January. Mr. Trump loves the power of the pardon. It allows him to reward friends and those whose loyalty needs to be ensured. It allows him to undo the entire legal process. And above all, no one can reverse his decision. It is the perfect tool for the autocrat. If only there were a similar power to punish.
"Flynn lied to the FBI about his communications with the Russians -- efforts which undermined U.S. foreign policy after sanctions were imposed on Russia for interfering in our elections," said Representative Adam B. Schiff of California, the chairman of the House Intelligence Committee. "And Flynn pled guilty to those lies, twice. A pardon by Trump does not erase that truth, no matter how Trump and his allies try to suggest otherwise."
The White House has not released the exact wording of the pardon, so it is impossible to determine just how far it goes in freeing General Flynn from the consequences of his actions. However, a few facts suggest the situation does not relieve the general of all legal concerns. First and foremost, he was an agent for the Turkish government and failed to register as such. However, his lies to the FBI and the subsequent confessions related to contact with Russia. The pardon may not extend to Turkish matters.
In addition, a presidential pardon affects only federal prosecutions. He may have violated various state laws, particularly tax laws as Turkey paid him for services rendered. However, the statute of limitations may prevent such prosecution.
One of the unintended consequences that Mr. Trump may discover to his detriment is the fact that General Flynn no longer has the Fifth Amendment behind which to hide on these matters. Congress can and should subpoena him and ask him questions under oath. He must answer truthfully, or he will have committed perjury. The current pardon cannot extend to future crimes, so he could wind up in federal prison all the same if he is less than truthful.
If one reads Mr. Trump correctly here, he will let many more off the hook before he leaves office. General Flynn received a pardon, Roger Stone had his sentence commuted. Paul Manafort, Mr. Trump's old campaign manager, is still in prison and may be pardoned. Mr. Manafort's deputy Rick Gates was freed from prison owing to the corona virus, but he remains stained with the label felon. A pardon would remove that blot on his copybook.
Others who may have committed crimes will also benefit. Jared Kushner and his wife Ivanka Trump may get pardons, as could Eric and Donald Trump Jr. Attorney General Bill Barr and Rudy Giuliani could also get passes. He may even pardon himself.
The damage they have done to the American Republic will take a long time to heal. If there is no punishment for that, it is quite possible a future unscrupulous president could do much the same. And if that future president is more competent than Mr. Trump, it could end the American experiment.
© Copyright 2020 by The Kensington Review, Jeff Myhre, PhD, Editor. No part of this publication may be reproduced without written consent. Produced using Ubuntu Linux.
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