Michael Flynn's criminal case has finally come to a close — but it doesn't seem to be in the way District Court Judge Emmet Sullivan would've liked.
After President Trump pardoned the retired general and former national security adviser, Sullivan on Tuesday dismissed the case as "moot." The decision comes after the Justice Department tried to get Sullivan to drop the case altogether — something he said he likely wouldn't have done without the pardon.
Flynn had previously pleaded guilty to lying to the FBI about his discussions with a former Russian ambassador. But Flynn later requested Sullivan throw out his conviction because prosecutors had attempted to entrap him. The DOJ then dropped the charges against Flynn in what a court-appointed judge-advocate called a "corrupt and politically motivated favor," though Sullivan still had the final say over whether he would actually drop the case.
The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
SUBSCRIBE & SAVE
Sign up for The Week's Free Newsletters
Join more than 350,000 subscribers and keep yourself informed with a selection of The Week’s most interesting, enlightening and entertaining stories - plus daily puzzles.
Join more than 350,000 subscribers and keep yourself informed with a selection of The Week’s most interesting, enlightening and entertaining stories - plus daily puzzles.
Latest Videos FromThe Week
Trump essentially forced Sullivan's hand with his pardon, Sullivan acknowledged in a Tuesday filing. After all, Trump's "extraordinarily broad" pardon "applies not only to the false statements offense to which Mr. Flynn twice pled guilty in this case," but also applies to anything else he may be charged with regarding the Mueller probe, Sullivan writes. But "Trump's decision to pardon Mr. Flynn is a political decision, not a legal one," Sullivan added, meaning that the pardon "does not, standing alone, render [Flynn] innocent of the alleged violation." And if the case had proceeded, Sullivan cast doubt on whether he would've dismissed it, calling the DOJ's reasoning for requesting the dismissal "dubious" considering Trump's heightened interest in the case.
