Donald Trump could have just pardoned Michael Flynn. This is worse.
And in this phone conversation, Flynn essentially says, “Don’t respond.” The implication of this is that there will be more favorable treatment when the new administration comes in. Kislyak, in fact, doesn’t respond. The Russians decide not to retaliate in response to the sanctions. The current United States government at the time is kind of scratching their heads. They were prepared for the Russians to retaliate. They want to know what happened.
Fast forward to December 2017. Michael Flynn pleads guilty, admits that he lied, that he knew his statements were false at the time. And then there’s been this prolonged period of cooperation. Over the past six or eight months, Michael Flynn has changed his mind. He’s attempted to withdraw his guilty plea. He suggested that there’s been misconduct by the federal government. In the past couple of weeks, the president of the United States has suggested he might pardon Michael Flynn.
A lot of folks think: What’s the difference between if Trump had pardoned him or if the DOJ just decides to drop charges? But institutionally, it’s a great big deal for the DOJ to step in here. What we’ve seen Bill Barr do a number of times is short-circuit that process. When the president was suggesting he might pardon Roger Stone, Bill Barr directed a last-minute about-face for the Department of Justice, where they suddenly recommended a much lower sentence in his case after he’d been convicted of charges. Here again, right as it seemed as though the president was prepared to pardon Michael Flynn, Bill Barr intervenes to have those charges dropped.
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