“10. Effect of a pardon”
If my Perry Mason home study legal education is correct, you can’t just dismiss a case once jeopardy has attached. Since the Justice Department dismissed his case, Flynn was never considered in jeopardy and therefore was never convicted, and certainly never sentenced.
Nixon was never convicted of anything, but was pardoned.
Legal Disclaimer: This legal interpretation is subject to anyone who knows more than I do about it. There were other things in the Perry Mason Legal School textbooks that distracted me.
Yes, it's an interesting pair of unusual preemptive pardons. Pardons are usually for people who have been convicted. Here, neither man had been tried, let alone convicted. The pardons basically said, "This person has no legal liability for anything regarding situation X, now or in the future." In Nixon's case the wording was quite broad.
a conviction is probably not needed here.
He signed a plea agreement that contained an admission of guilt signed under the pain of perjury.
The plea agreement was specific re: what happens if he is in breach of the agreement...he can’t rescind his plea. By withdrawing his plea, he was in breach of the plea agreement.(I know circular logic)
Also, the plea agreement nor the sentencing guidelines do not bind the court.
In fact, the agreement is between Flynn and the Special Counsel’s Office only.
https://www.justice.gov/file/1015121/download
All court appearances with Sullivan in the beginning - pre-Powell - were only about sentencing and requests to delay sentencing to “help” DOJ on other cases as specified in the plea agreement.
I made the notation a long time ago that no matter what Powell does for Gen. Flynn, he can’t get around signing the plea agreement...it will come back to haunt him.
I really think, right now, it’s up to Sullivan how this all turns out.