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Out Like Flynn
by Mark Steyn
Under cover of Corona, the sewage of the DC septic tank flows on. The latest revelations in the Deep State entrapment of Michael Flynn (Trump's first National Security Advisor, for about twenty minutes) confirm what most sentient creatures have known for three years - that there was never any good-faith basis for the FBI's investigation, only (in the now released words of Assistant Counterintelligence Division Director Bill Priestap) the object "to get him to lie, so we can prosecute him or get him fired".
The official pretext was that there might have been "a violation of the Logan Act". Oooooooh! The Logan Act of 1799 refers to a Dr George Logan, physician, farmer and Pennsylvania state legislator, who, at a time of tension in Franco-American relations, engaged in his own negotiations with the government in Paris. In the two and a quarter centuries since, there have been no convictions under the Act, and, in the event anyone were ever to be the first so convicted, it would undoubtedly be struck down as unconstitutional. John Kerry, one notes, has not been prosecuted for his recent meetings with his pal Zarif, "foreign minister" of Iran, about how to save Obama's deal with the mullahs.
In the case of Flynn, any hypothetical Logan prosecution would have been more ridiculous still - because he was not a freelance Pennsylvania doctor but the duly designated National Security Advisor of the incoming president. Peter Strzok went over to Flynn's office to (as they say of bent British coppers) fit him up - and indeed they did fit him up.
So one conversation, with disgraced corrupt rogue agent Strzok, without counsel present and without the defendant being aware that this was an interrogation of him as opposed to just a friendly intragovernmental chit-chat, has consumed three years of Flynn's life and all his savings.
I heard Kellyanne Conway being asked this morning about whether Trump should now pardon Flynn. No. It is for the court, as an act of judicial hygiene, to accept Flynn's withdrawal of his enforced guilty plea (made under threats by the feds to destroy the lives of various family members, too), quash the conviction as a miscarriage of justice, and invite the defense to lay before His Honor a wrongful prosecution suit.
If it requires a presidential pardon to bring garbage like this to an end, then we are all in trouble. Because if the Deep Staters can do it to Flynn, they can do it to anyone. It behooves Judge Emmett Sullivan to rule upon what has been a fraud upon the court from day one - and a fraud upon his court specifically: the documents made public this week were ordered to be handed over to Flynn's lawyers two years ago (February 2018) but were in fact only coughed up now because Jeff Jensen, a federal prosecutor in St Louis appointed by Attorney-General Bill Barr to look into the DoJ's conduct of the Flynn case, recently stumbled across them. A system in which prosecutorial misconduct requires a presidential pardon to undo it is not merely absurd but wicked: justice requires that Judge Sullivan extinguish the state's assault upon his own courthouse.
Oh, but the Comey-Mueller crowd will protest, Flynn confessed to the crime!
Well, sorta: He was prevailed upon to (in the sleazy euphemism) "settle". I hate settling - because, in the civil courts, it incentivizes the use of litigation as a form of blackmail; and, in the criminal courts, it leads to what happened in the Flynn case: a man confessing to a crime he does not honestly believe he has committed.
https://www.steynonline.com/10263/out-like-flynn