By Robert Willmann
According to the Twitter webpage of president Trump, he has issued a full pardon to Gen. Michael Flynn (ret.) today–
Emmet Sullivan, the judge presiding over the case, continues to engage in disgraceful conduct unbecoming of any type of judge, including by intentionally delaying a decision on the motion of the Department of Justice to dismiss the prosecution with prejudice. A dismissal with prejudice means the case cannot be re-filed.
Attorney Sidney Powell is working on the problem of voting fraud through electronic voting and counting machines, which is a very time-consuming and tedious task. I have been thinking that Flynn would have to file two more original mandamus actions in the federal Court of Appeals for the District of Columbia Circuit. The first one would be for the court to force Sullivan to quickly issue a written decision on the motion to dismiss by a date and time certain. Then, after Sullivan would almost certainly deny the motion to dismiss, even though current law requires it to be dismissed, Flynn would file an additional mandamus action for the court of appeals to order Sullivan to grant the motion and dismiss the case.
However, since Powell is preparing legal action about election fraud issues, and one of the other lawyers representing Flynn is working on election problems in Nevada, they would not have time to bring two mandamus actions in the D.C. Circuit before 20 January 2021. The risk is too uncertain about the status of the Justice Department and what will happen in January when Congress meets regarding the election results from the Electoral College and an inauguration is to take place. Although Flynn would ultimately succeed in getting his case dismissed — if he was not facing a tight time frame — the unpredictability of the situation makes a pardon a practical result.