yovargas wrote:
River wrote:
There are non-corrupt ways to use the power. Judges and juries do muck things up and it's nice to have a corrective.
Sure. But our system was built with checks and balances in mind, yet this is a major power with very little check. Far too easy to abuse without consequence.
I agree that recent events show some limitations are needed (only achievable via a Constitutional amendment, I think).
Meanwhile, although the actual text of Michael Flynn's pardon still hasn't been released, the statement issued by the White House only mentions the crimes for which Flynn was charged. It also lies about those crimes, claiming that Flynn never committed them in the first place. But remember Donald Trump's statement in Dec. 2017, nearly a year after Flynn was removed from his position as national security adviser:
"I had to fire General Flynn because he lied to the Vice President and the FBI. He has pled guilty to those lies."
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Edited to add: one defense of Flynn from the left is that it shouldn't be a crime to lie to the FBI in the first place. This defense points to Ruth Bader Ginsburg's concurring opinion in a 1998 case, Brogan v. United States, in which, while she agreed with the majority (and against Brogan) that it was a crime, she argued that it would be better if it wasn't, because lying to the FBI gives the government a chance to create the opportunity for someone to commit a crime that they otherwise wouldn't have, and what's more, a crime that doesn't even have to obstruct justice, which is the reason that it's supposed to be a crime in the first place. In that particular case, the government had evidence of other crimes Brogan had committed, and the FBI interviewed him pretty much hoping to catch him lying about it (he could have declined the interview, but he didn't; you should *always* decline to be interviewed by law enforcement without an attorney), but that didn't actually obstruct their investigation, because they already knew about the crimes he was covering up. Yet the law says the lie can be charged if it only *could* in abstract terms interfere in an investigation.
I agree there is something to that concern. But even so, were Ginsburg alive now and faced with Flynn's case, she would presumably again vote against him, because that law hasn't changed (and lots of less privileged people than Flynn get charged with it). But there's more to it in this case.
The FBI did know what Flynn had said to the Russian ambassador, because the U.S. regularly records calls made by and to foreign officials. What they *didn't* know is whether Flynn was acting on behalf of the incoming Trump administration or whether he was going rogue. The FBI had only just been in the process of closing down a previous investigation of Flynn on suspicion of his being an undisclosed foreign agent for Russia, and here he was having a suspicious call with the Russian ambassador. It would have been a dereliction of duty for them not to investigate. And he never did come clean about what Trump directed him to do. So these lies were material.
On top of that, as I previously mentioned, Flynn was also an undisclosed foreign agent of Turkey. While he was the top national security adviser to the Trump campaign, while he was sitting in with candidate Trump on government security briefings, Flynn was being paid $600,000 by the Turkish government. For that fee, among other things, he published a pro-Turkey op-ed in
The Hill, supposedly written in his capacity as a neutral U.S. foreign policy expert, that appeared on Election Day 2016. In fact, he didn't even write it. Other Turkish agents wrote it and he just signed his name to it. And he could very easily have been charged with that, but the FBI repeatedly went out of its way to make it easy for him.
And don't forget that Flynn was in discussions about possibly kidnapping a Turkish-born cleric who lives in Pennsylvania and shipping that man back to Turkey (which had tried and failed to get the man extradited).
It's all of this combined that led the judge in the case to tell Flynn that he had betrayed his country and to ask prosecutors whether they had considered charging Flynn with treason. The judge later retracted the latter comment, but he was incensed for a reason!