Why Trump's Flynn pardon could backfire
There's a chance President Trump's pardon of Michael Flynn could backfire some day.
Trump on Wednesday pardoned Flynn, his first national security adviser. In 2017, Flynn pleaded guilty to lying to the FBI about his contact with former Russian Ambassador Sergey Kislyak. Flynn's sentencing was delayed while he cooperated with former Special Counsel Robert Mueller's investigation, but earlier this year, Flynn's new legal team accused prosecutors of misconduct and asked to have his guilty plea withdrawn.
But Trump's pardon, which he announced in a tweet, means Flynn will theoretically no longer be protected from self-incrimination under the 5th Amendment should he ever be called to testify against Trump.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
As Harvard Law professor Laurence Tribe explained to Time in 2017, "anyone pardoned by Trump would lose most of the 5th Amendment's protection against compelled testimony that might otherwise have incriminated the pardoned family member or associate, making it much easier for [the Justice Department] and Congress to require such individuals to give testimony that could prove highly incriminating to Trump himself."
There are some caveats, of course. While there is speculation Trump could face criminal charges at some point post-presidency, there is no evidence that will happen. Even if it did, it's still unclear exactly what Flynn is being pardoned for, since, as Politico notes, he was criminally exposed both for lying to investigators and "acting as an unregistered agent for Turkey." So if the pardon is specific, there's a chance Flynn would still have that protection. Tim O'Donnell
Create an account with the same email registered to your subscription to unlock access.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Tim is a staff writer at The Week and has contributed to Bedford and Bowery and The New York Transatlantic. He is a graduate of Occidental College and NYU's journalism school. Tim enjoys writing about baseball, Europe, and extinct megafauna. He lives in New York City.
-
5 vice-laden cartoons about Dick Cheney
Cartoons Artists take on joyful feelings, dark endorsements, and more
By The Week US Published
-
Discover Ravenna's glittering treasures
The Week Recommends The 'magical' town is home to magnificent churches and excellent restaurants
By The Week UK Published
-
Sahra Wagenknecht: the left-wing populist who is Germany’s new kingmaker
In the Spotlight 'Glamorous and divisive enigma' has carved out a niche to be reckoned with by combining socialist policies with tough talk on immigration and Ukraine
By The Week UK Published
-
A brief history of third parties in the US
In Depth Though none of America's third parties have won a presidential election, they have nonetheless had a large impact on the country's politics
By Joel Mathis, The Week US Published
-
Chimpanzees are dying of human diseases
Under the radar Great apes are vulnerable to human pathogens thanks to genetic similarity, increased contact and no immunity
By Harriet Marsden, The Week UK Published
-
Deaths of Jesse Baird and Luke Davies hang over Sydney's Mardi Gras
The Explainer Police officer, the former partner of TV presenter victim, charged with two counts of murder after turning himself in
By Austin Chen, The Week UK Published
-
Quiz of The Week: 24 February - 1 March
Puzzles and Quizzes Have you been paying attention to The Week's news?
By Sorcha Bradley, The Week UK Published
-
Will mounting discontent affect Iran election?
Today's Big Question Low turnout is expected in poll seen as crucial test for Tehran's leadership
By Sorcha Bradley, The Week UK Published
-
Sweden clears final NATO hurdle with Hungary vote
Speed Read Hungary's parliament overwhelmingly approved Sweden's accession to NATO
By Peter Weber, The Week US Published
-
Modern royal scandals from around the world
The Explainer From Spain to the UAE, royal families have often been besieged by negative events
By Justin Klawans, The Week US Published
-
Zelenskyy says 31,000 troops dead in 2 years of war
Speed Read Ukrainian President Volodymyr Zelenskyy gave a rare official military death toll
By Peter Weber, The Week US Published