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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsSlate: How Mueller's deal with Flynn neutralizes Trump's pardon power
Found this thanks to a tweet from Laurence Tribe
Link to tweet
who calls it a "very perceptive analysis."
"Robert Mueller Has a Plan: How the special counsels deal with Michael Flynn neutralizes Trumps pardon power."
http://www.slate.com/articles/news_and_politics/jurisprudence/2017/12/robert_mueller_s_deal_with_michael_flynn_neutralizes_trump_s_pardon_power.html
Muellers charges and Flynns plea still leave open the possibility of state charges, just in case Trump pardons Flynn federally. Presidential pardons apply only to federal crimes. Ive written before about how Muellers prosecutorial strategy required him to navigate complicated state-level double jeopardy rules. His charges against Paul Manafort, Rick Gates, and George Papadopoulos reflected a sharp strategy to bring certain charges, while leaving plenty of others available to state prosecutors. (Ive provided a long list of state crimes that relate to Trump-Russia allegations.)
Let me spell out how this strategy would apply to Flynn. The former national security adviser has pleaded guilty to one charge of making a false statement to the FBI. What are the other charges a state prosecutor could bring?
In early November, the Wall Street Journal reported that Flynn and his son Michael Flynn Jr. allegedly discussed a scheme in which they would receive up to $15 million for taking part in an extradition scheme and an extralegal rendition of cleric Fethullah Gülen, an opponent of Turkish President Recep Tayyip Erdogan. These allegations could be grounds for charges of bribery and conspiracy to kidnap (as well as conspiracy to assault and perhaps other violent crimes).
The state of Pennsylvania, where Gülen resides, offers extra protections against double jeopardy beyond the rights guaranteed by the federal Fifth Amendment. The Pennsylvania Supreme Court holds that a subsequent prosecution and imposition of punishment for the same offense will not be permitted unless the Commonwealths interests are substantially different from the interests of the jurisdiction that initially prosecuted and imposed punishment. Given that, Flynns federal dealwhich does not include any charges related to the alleged Gülen incidentpreserves a number of criminal charges relating to kidnapping, assault, and bribery in Pennsylvania, as well as parallel charges in New York and possibly Virginia. State tax fraud may also be in this mix.
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pbmus
(12,422 posts)pnwmom
(108,978 posts)shanny
(6,709 posts)Mueller is leaving plenty of hanging rope available if presidential pardons are abused.
Phoenix61
(17,006 posts)on Flynn's behavior will be. Conduct unbecoming an officer comes to mind. Wouldn't it be a shame if he lost his retirement pay?
NanceGreggs
(27,814 posts)... any thoughts of Trump pardoning him went out the window.
Why would Trump pardon the guy who's now agreed to spill his guts? There's absolutely no benefit to Trump - and we know that Idiot Boy doesn't do anything unless there's something in it for him.
Flynn's only shot at a presidential pardon was to take the 5th, and keep his mouth shut. Obviously, that's not happening.
Trump now has zero reason to pardon him.
sarah FAILIN
(2,857 posts)It could come tomorrow morning or next week. Any time before Flynn testifies would still work.
The question to me is when does he testify to all he knows.
NanceGreggs
(27,814 posts)... what Flynn knows. It's too late.