The Justice Department on Monday moved to dismiss the criminal case against former White House national security advisor Michael Flynn and released the text of President Trump’s Wednesday pardon order.
The pardon document expansively shields Flynn from “any and all possible offenses arising from the facts set forth … or that might arise, or be charged, claimed or asserted” from special counsel Robert Mueller’s Russia investigation.
Flynn was fired by Trump in February 2017 for allegedly lying to Vice President Mike Pence about presidential transition calls with then-Russian Ambassador Sergey Kislyak. He pleaded guilty in December 2017 to lying to FBI agents about the content of those calls.
In pleading guilty to lying to the FBI, Flynn agreed to cooperate with Mueller’s investigation of Trump and admitted that he also worked as an unregistered agent of Turkey. Mueller later found no evidence of Trump-Russia collusion.
Flynn business partner Bijan Rafiekian was convicted last year on charges related to their work for Turkey and faced up to 15 years in prison before his conviction was overturned.
The Justice Department moved to retry Rafiekian and without the expansive pardon language, Flynn could have faced prosecution too.
Attorney General Bill Barr moved to drop the case against Flynn this year by finding the FBI had no reason to interview Flynn days into Trump’s administration in January 2017.
FBI agents including disgraced anti-Trump official Peter Strzok accused Flynn of lying about discussing sanctions and a UN vote with Kislyak. Flynn said he did not intentionally lie and defenders point out that the FBI had transcripts of the calls.
Transcripts of the calls between Flynn and Kislyak, released in May, show Flynn did discuss sanctions and the UN vote. But Republicans said the transcripts show “there was nothing improper” about the substance of the calls, which Flynn made with the knowledge of other Trump transition officials.
Democrats alleged that the Justice Department wanted to drop the case to please Trump, who often bemoans Flynn’s treatment and describes the case as part of a grand conspiracy against his 2016 election. US District Judge Emmet Sullivan resisted the Justice Department’s request and the US court of appeals for the DC circuit decided not to order him to dismiss Flynn’s case.
Trump’s pre-Thanksgiving pardon of Flynn is expected to be the first of many before he leaves office on Jan. 20.