emptywheel: Trump Pardons an Undisclosed Agent of Turkey Along with a Thanksgiving Bird

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Reupping this bc thus far WaPo and NYT have made claims that are not YET supported by the record on Flynn's pardon. It's very complicated and we need to see the fine print.

Trump Pardons an Undisclosed Agent of Turkey Along with a Thanksgiving Bird

Trump Prepares to Pardon an Undisclosed Agent of Turkey as Well as a Thanksgiving Bird | emptywheel
On the day before Trump will pardon a turkey, multiple outlets reported that Trump is preparing to pardon undisclosed Agent of Turkey Mike Flynn. But that may be easier said than successfully done.
emptywheel.net
2:49 PM · Nov 25, 2020

https://www.emptywheel.net/2020/11/25/trump-prepares-to-pardon-an-undisclosed-agent-of-turkey-as-well-as-a-thanksgiving-bird/

At least three outlets (CNN, Axios, NYT) have reported the entirely unsurprising news that Trump is considering pardoning admitted liar and undisclosed Agent of Turkey, Mike Flynn. Only the NYT provides a reasonable account of what has happened since DOJ moved to dismiss the case, and only after repeating Trump’s false claims about the investigation.

None of the outlets reviewed how complex successfully pardoning Flynn will be, without making Trump’s — or Flynn’s son’s — fate worse. That’s true because the posture of the Flynn case before Judge Emmet Sullivan is such that Sullivan has multiple possible options for holding Flynn accountable, depending on when Sullivan moves and when Trump does.

If Trump pardoned Flynn for the crimes to which Flynn pled guilty, false statements, today, a Foreign Agent of Turkey pardoned right alongside a Thanksgiving turkey — then DOJ’s motion to dismiss the prosecution for Flynn’s false statements charges would likely be mooted. But there’s still a pending motion to withdraw Flynn’s plea before Judge Sullivan, which by itself mooted DOJ’s promises not to prosecute Flynn for hiding that he was working for the government of Turkey rather than just a foreign business in a FARA filing in March 2017. Plus, when Flynn pled, it was understood that would end the investigation, but given that he reneged on his plea, there’s nothing stopping DOJ from investigating Mike Jr for his involvement with Turkey, if Flynn were pardoned.

So to get Flynn out of immediate legal jeopardy, Trump would need to pardon Flynn for crimes to which he pled guilty — the false statements to hide Trump’s involvement in “colluding” with Russian to undermine US policy — but also the crime to which Flynn didn’t plead guilty, hiding that he was an Agent of Turkey while getting classified briefings during the 2016 campaign. That’s all the more true given that DOJ’s appeal of the Bijan Kian case is still unresolved (it is scheduled for oral argument on December 11), and trying Kian along with Mike Flynn, charged as a co-conspirator, would eliminate many of the legal difficulties from the first trial.

Trump might even have to pardon Flynn Jr.

*snip*