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Trump Pardons Flynn Despite Guilty Plea11/27 06:21

   President Donald Trump pardoned his former national security adviser Michael 
Flynn on Wednesday, ending a years-long prosecution in the Russia investigation 
that saw Flynn twice plead guilty to lying to the FBI and then reverse himself 
before the Justice Department stepped in to dismiss his case.

   WASHINGTON (AP) -- President Donald Trump pardoned his former national 
security adviser Michael Flynn on Wednesday, ending a years-long prosecution in 
the Russia investigation that saw Flynn twice plead guilty to lying to the FBI 
and then reverse himself before the Justice Department stepped in to dismiss 
his case.

   "It is my Great Honor to announce that General Michael T. Flynn has been 
granted a Full Pardon," Trump tweeted. "Congratulations to @GenFlynn and his 
wonderful family, I know you will now have a truly fantastic Thanksgiving!"

   The pardon, in the waning weeks of Trump's single term, is part of a broader 
effort by Trump to undo the results of a Russia investigation that shadowed his 
administration and yielded criminal charges against a half-dozen associates. It 
comes just months after the president commuted the sentence of another 
associate, Roger Stone, days before he was to report to prison.

   A Justice Department official said the department was not consulted on the 
pardon and learned Wednesday of the plan. But the official, who spoke on 
condition of anonymity to discuss internal deliberations, noted that the 
president has the legal power to pardon Flynn.

   The move is likely to energize supporters who have taken up Flynn as a cause 
celebre and rallied around the retired Army lieutenant general as the victim of 
what they assert is an unfair prosecution, even though Flynn twice admitted 
guilt. Trump has repeatedly spoken warmly about Flynn and, in an indication of 
his personal interest in his fate, asked then-FBI Director James Comey in 
February 2017 to end a criminal investigation into the national security 
adviser.

   In a statement, Flynn's family thanked Trump "for answering our prayers and 
the prayers of a nation" by issuing the pardon.

   Democrats lambasted the pardon as undeserved and unprincipled. House Speaker 
Nancy Pelosi called it "an act of grave corruption and a brazen abuse of 
power," while Rep. Adam Schiff, the Democratic chair of the House Intelligence 
Committee, said a "pardon by Trump does not erase" the truth of Flynn's guilty 
plea, "no matter how Trump and his allies try to suggest otherwise."

   "The President's enablers have constructed an elaborate narrative in which 
Trump and Flynn are victims and the Constitution is subject to the whims of the 
president," House Judiciary Committee Chair Jerry Nadler said in a statement. 
"Americans soundly rejected this nonsense when they voted out President Trump. "

   The pardon is the final step in a case defined by twists and turns. The most 
dramatic came in May when the Justice Department abruptly moved to dismiss the 
case, insisting that Flynn should not have been interviewed by the FBI in the 
first place, only to have U.S. District Judge Emmet Sullivan resist the request 
and appoint a former judge to argue against the federal government's position 
and to evaluate whether Flynn should be held in criminal contempt for perjury.

   That former judge, John Gleeson, called the Justice Department's dismissal 
request an abuse of power and said its grounds for dropping the case were 
ever-evolving and "patently pretextual."

   As Sullivan declined to immediately dismiss the prosecution, Flynn lawyer 
Sidney Powell sought to bypass the judge by asking a federal appeals court to 
direct him to drop the matter. A three-judge panel did exactly that, but the 
full court overturned that decision and sent the case back to Sullivan.

   At a hearing in September, Powell told Sullivan that she had discussed 
Flynn's case with Trump but also said she did not want a pardon --- presumably 
because she wanted him to be vindicated in the courts.

   Powell emerged separately in recent weeks as a public face of Trump's 
efforts to overturn the results of his election loss to President-elect Joe 
Biden, but the Trump legal team distanced itself from her after she advanced a 
series of uncorroborated conspiracy claims.

   The pardon spares Flynn the possibility of any prison sentence, which 
Sullivan could potentially have imposed had he ultimately rejected the Justice 
Department's dismissal request. That request was made after a review of the 
case by a federal prosecutor from St. Louis who had been specially appointed by 
Attorney General William Barr.

   At issue in the prosecution was an FBI interview of Flynn, days after 
Trump's inauguration, about a conversation he had during the presidential 
transition period with the then-Russian ambassador.

   Flynn acknowledged lying during that interview by saying he had not 
discussed with the diplomat, Sergey Kislyak, sanctions that the outgoing Obama 
administration had just been imposed on Russia for election interference. 
During that conversation, Flynn advised that Russia be "even-keeled" in 
response to the punitive measures, and assured him "we can have a better 
conversation" about relations between the countries after Trump became 
president.

   The conversation alarmed the FBI, which at the time was investigating 
whether the Trump campaign and Russia had coordinated to sway the election. In 
addition, White House officials were stating publicly that Flynn and Kislyak 
had not discussed sanctions, which the FBI knew was untrue.

   Flynn was ousted from his position in February 2017 after news broke that 
Obama administration officials had warned the White House that Flynn had indeed 
discussed sanctions with Kislyak and was vulnerable to blackmail. He pleaded 
guilty months later to a false statement charge.

   But last May, after years of defending the prosecution, the Justice 
Department abruptly reversed its position.

   It asserted the FBI had no basis to interview Flynn about Kislyak and that 
any statements he made during the interview were not material to the FBI's 
broader counterintelligence probe. The department also pointed to internal FBI 
notes showing agents had planned to close out the investigation weeks before 
interviewing Flynn about Kislyak.

   Flynn, of Middletown, Rhode Island, was among the first people charged in 
Mueller's investigation and provided such extensive cooperation that 
prosecutors did not recommend any prison time, leaving open the possibility of 
probation.

   But the morning he was to have been sentenced, after a stern rebuke about 
his behavior from Sullivan, Flynn asked for the hearing to be cut short so that 
he could continue cooperating and earn credit toward a more lenient sentence.

   After that, he hired new attorneys --- including Powell, a conservative 
commentator and outspoken critic of Mueller's investigation --- who took a far 
more confrontational stance to the government and tried to withdraw his guilty 
plea.

 
 
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