US District Judge Emmet Sullivan on Tuesday dismissed the criminal case against former National Security Adviser Michael Flynn. Sullivan Court was considering a Rule 48 dismissal, which was rendered moot by the presidential pardon conferred upon Flynn by Present Donald Trump.
In his 43-page opinion, Sullivan made clear that although he was required by law to dismiss, he was unconvinced by the prosecutors’ arguments urging him to do so. The government stated two main rationales for dismissal—the first being that they believed that Flynn’s false “statements were not ‘material’ to any viable counterintelligence investigation-or any investigation for that matter-initiated by the FBI,” and the second being that the government did “not believe it could prove Mr. Flynn knowingly and willfully made a false statement beyond a reasonable doubt.”
In lieu of presidential pardon, Sullivan stated, “the application of Rule 48(a) to the facts of this case presents a close question.”
The president derives the power to pardon from Article II, Section 2 of the Constitution, which provides the “power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.” A pardon does not render the individual innocent of any alleged violation of the law. The Supreme Court has recognized that the acceptance of a pardon implies a confession of guilt.
Flynn’s pardon is broad-sweeping, applying not only to false statements to which Flynn twice pleaded guilty but also to “any and all possible offenses” he might be charged with in the future in this case and Special Counsel Robert Muller’s Investigation.