Gen. Michael Flynn Deserves a Presidential Pardon

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Michael Flynn

[otw_shortcode_dropcap label=”I” font=”Ultra” background_color_class=”otw-no-background” size=”large” border_color_class=”otw-no-border-color”][/otw_shortcode_dropcap]f anyone deserves a presidential pardon, it’s Gen. Michael Flynn.  He should never have been prosecuted because he did nothing wrong.  Documents prove it.

Days after President Trump was inaugurated in January of 2017, then-FBI Director James Comey and his chief assistant, Andrew McCabe, laid an unconscionable trap for the national security adviser in an effort to sabotage the new president’s administration at the outset.  Under the phony pretext of a possible Logan Act violation, they disguised their true intent and manipulated Flynn into having a sit-down conversation with FBI agents at the White House.  Boxes were still being unpacked.

Over the telephone in advance, McCabe pushed Flynn not to have a lawyer present and lulled him into believing the meeting would be just an informal discussion of no legal consequences.  McCabe and the agents agreed in advance not to tell Flynn the truth behind their visit, nor did they advise him that the Obama administration had secretly recorded Flynn’s conversation with Russian Ambassador to the U.S. Sergey Kislyak.

Two agents, including the disgraced Peter Strzok, rushed over to the White House to question Flynn about a perfectly legal and appropriate communication he had with the ambassador during the transition period.  Under no legal circumstances would this be an offense under the Logan Act.  The FBI well knew this.  Indeed, bureau lawyers raised red flags about the legality of the entrapment scheme, but Comey and McCabe plowed ahead anyway (see chapter 8 of my book, Witch Hunt).

The president would be perfectly justified in putting a stop to this continuing farce.

Despite the myriad of FBI deceptions, Flynn told the agents the truth.  He did not lie.  How do we know?  Months later, a summary of the FBI interview, dated July 19, 2017, was reduced to writing:

“Throughout the interview, Flynn had a very ‘sure’ demeanor and did not give any indicators of deception.  Strzok and (redacted FBI agent) both had the impression at the time that Flynn was not lying or did not think he was lying.”

This exculpatory evidence that Flynn had been truthful was later corroborated by testimony from both Comey and McCabe.

It is impossible to prosecute a person for lying if the evidence and testimony proves he did not.  But that did not stop special counsel Robert Mueller and his team of partisans.  Even though the FBI had dropped the case against Flynn, Mueller resurrected it the moment he was appointed in May of 2017.  It was an old fashioned squeeze play.  Put pressure on Flynn to say something incriminating about Trump, even if that meant inventing a story that prosecutors wanted to hear.

There is no indication Flynn did this.  But he did plead guilty to making a false statement.  Why would he do so?  Flynn copped a plea because Mueller crushed him financially and threatened to take legal action against the retired Army general’s son.  Flynn spent his life’s savings on defense attorneys and was forced to sell his home.  Mueller’s prosecution made it impossible for him to find employment.

Before sentencing, however, Flynn abruptly changed course and hired new defense attorneys, including former federal prosecutor Sidney Powell.  Armed with new (and better) counsel, Flynn decided to try to withdraw his plea citing “bad faith” on the part of prosecutors.

There is a long list of acts which would constitute “bad faith” in this sordid case.  Among them is the fact that the original handwritten FD-302 witness report from the Flynn interview is “missing.”  “How convenient,” tweeted Trump over the weekend.  He then added, “I am strongly considering a Full Pardon!”

The original 302 documents would surely be exculpatory because they are summarized in the July 19th statement noted above.  It’s rather odd, isn’t it, that the strongest evidence that Flynn is completely innocent has magically vanished while in the hands of the government prosecuting him?

On this basis alone, Judge Emmet Sullivan should allow Flynn to withdraw his guilty plea.  Fairness and justice demand it.  If prosecutors still want to try to prove their case in a trial, good luck with that.  The only witnesses are on record confirming that Flynn told the truth.  It would take the jury about a minute to acquit.

A better solution is to end the legal madness with a presidential pardon, which Trump is “strongly considering.”  He knows that Flynn has been the victim of a deplorable injustice at the hands of Mueller and the Department of Justice.  Their misconduct has been outrageous.  Its genesis was to destroy Trump.

The president would be perfectly justified in putting a stop to this continuing farce.