(TheLibertyRevolution.Com)- Former Deputy Independent Counsel Sol Wisenberg spoke to Fox News on Thursday about the announcement from the Department of Justice that all charges against General Michael Flynn are being dropped. During the interview, Wisenberg explained how Joe Biden, should he win the November presidential election, could still go ahead and prosecute former National Security Adviser Flynn for perjury.
This may happen despite the decision from the DOJ that prosecution should be dropped, citing evidence that the FBI encouraged Flynn to lie during questioning.
Wisenberg explained how Flynn originally pleaded guilty to lying to the FBI in 2017, and that this admission is the core of the reason why Biden may still take action. Lying to the FBI is a crime, and even though Flynn only admitted to it on the advice of his lawyers and under pressure from corrupt prosecutors, he still admitted to it.
By admitting to lying, and claiming that he didn’t actually lie, it means Flynn still deliberately lied.
In the motion put forward to get the case dropped, the Department of Justice explained how even though Flynn admitted to making a false statement during investigations by the FBI (which he later retracted,) the statement didn’t meet the necessary standard of “materiality.”
“Mr. Flynn entered a guilty plea—which he has since sought to withdraw—to a single count of making false statements in a January 24, 2017 interview with investigators of the Federal Bureau of Investigation (‘FBI’). See ECF Nos. 3-4. This crime, however, requires a statement to be not simply false, but “materially” false with respect to a matter under investigation,” the motion explained.
“8 U.S.C. § 1001(a)(2). Materiality is an essential element of the offense. Materiality, moreover, requires more than mere ‘relevance’ or relatedness to the matter being investigated; it requires ‘probative weight,’ whereby the statement is ‘reasonably likely to influence the tribunal in making a determination required to be made.’ United States v. Weinstock, 231 F.2d 699, 701 (D.C. Cir. 1956) (emphasis added)” it continued.
What does this mean? Well, it effectively puts Trump in a situation whereby he needs to pardon Flynn as he previously indicated he might. While Flynn is free for now, unless President Trump officially pardons him before his term as president ends, he may be liable for future prosecution if and when a vengeful Democrat is elected to the highest office in the land.