Phillip Carter has a good article on retired LtGen Flynn’s quest for immunization. Phil, a lawyer and former JAG Officer, is
well known to many members of this blog.
He postulates (or maybe I am trying to read between the lines) that:
1] Although the Flynn/Kislyak
conversation was a felony, Flynn would never be prosecuted for that
relationship. (I agree.)
2] Or maybe Flynn lied to the
FBI, which is also a crime. (my
perception: Isn’t this what would have
sent Scooter Libby to prison before Junior Bush pardoned him?)
3] Failure to file under the
Foreign Agents Registration Act in a timely fashion could also be
prosecuted. (I do not believe anyone has
been prosecuted for FARA violations for over 50 years.)
4] The speaking fees Flynn got
from the Russians in 2015 violate the Constitution’s Emoluments Clause, which
applies to retired military officers.
(Aren’t ’speaking fees’ what Flynn and Bannon were
going after HRC about during the campaign?)
5] Flynn’s reported conversations
with Turkish officials regarding whether Fethullah Gülen could somehow be kidnapped and sent to Turkey— may
well be a conspiracy to commit federal crimes.
6] Finally, Flynn may face legal
risk if he failed to disclose these foreign contacts as part of his top-level
security clearance applications. (see
Senator Tester’s letter below to DNI, OMB, and OPM on this issue.)
My own opinion is that the whole Flynn attempt at asking for immunity
is just more cooked up flim-flam. Perhaps
to generate sympathy? Why else make it a publicly announced offer instead of the usual 'behind-the-scenes' proffer? Or perhaps to deflect attention from elsewhere. Or perhaps to protect his son, who may be even more deeply involved as a lobbyist for foreign interests? But regardless of what happens Trump will pardon
him.
