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but earlier this year, Flynn's new legal team accused prosecutors of misconduct and asked to have his guilty plea withdrawn.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
-
Russia tries Ukraine land grab before Trump summitSpeed Read The incursion may be part of Putin's efforts to boost his bargaining position
-
US, China extend trade war truce for 90 daysSpeed Read The triple-digit tariff threat is postponed for another three months
-
Europe counters Putin ahead of Trump summitSpeed Read President Trump will meet with Russian President Vladimir Putin in Alaska this week for Ukraine peace talks
-
Israeli security cabinet OKs Gaza City takeoverSpeed Read Netanyahu approved a proposal for Israeli Defense Forces to take over the largest population center in the Gaza Strip
-
How China uses 'dark fleets' to circumvent trade sanctionsThe Explainer The fleets are used to smuggle goods like oil and fish
-
Thailand, Cambodia agree to ceasefire in border fightSpeed Read At least 38 people were killed and more than 300,000 displaced in the recent violence
-
Israel 'pauses' Gaza military activity as aid outcry growsSpeed Read The World Health Organization said malnutrition has reached 'alarming levels' in Gaza
-
US and EU reach trade dealSpeed Read Trump's meeting with European Commission President Ursula von der Leyen resulted in a tariff agreement that will avert a transatlantic trade war
