Thread by @MuellerSheWrote

A REMINDER ABOUT PARDONS: you don’t have to be charged to be pardoned. Trump pardoned Flynn of all federal criminal behavior. He can’t be charged for anything he did before today. He can’t be pardoned for future crimes. The pardon CAN be fought in court by Biden’s DoJ. 1/

This doesn’t cover any state crimes but Flynn hasn’t (yet) been charged by a state. This ALSO doesn’t cover Flynn’s SON’S crimes which may have been dealt away for Flynn’s cooperation. Flynn’s son can still be charged. 2/

If Biden’s DOJ charges Flynn with a crime he committed before today (like FARA), Flynn would file a motion to dismiss because of his pardon, and the DOJ could then challenge the legality of the pardon in court. Or not. 3/

A pardon isn’t really an admission of guilt. It is *technically*, bit Flynn doesn’t have to admit anything to get his pardon. A pardon also is *supposed* to prevent you from pleading the fifth, but I’ve yet to see that work in practice. Perhaps someone can give me an example END

PS: if congress calls Flynn to testify after 1/20/21, and Flynn lies to them, this pardon doesn’t cover that crime and he can be charged. I say we drag him in after Biden is sworn in.

PPS: I imagine Sullivan could challenge the pardon as well. Let’s say he sentences Flynn and Flynn files a motion to appeal because of the pardon. It could be litigated that way, too.

UPDATE: the official statement from the White House seems to indicate trump is ONLY pardoning Flynn for lying to the FBI. If so, Flynn can be charged for his other crimes.

https://twitter.com/emptywheel/status/1331731359958708227

UPDATE: @tedlieu just told @thereidout that they want to change the rules for inherent contempt and have Flynn testify about what he knows about trump, asserting Flynn is no longer protected by the fifth amendment because of the pardon. Let’s see if the actually do it.