“The history of the Constitution, its structure, and the interpretation of the Supreme Court’s pardon authority makes it clear that President Trump’s decision to pardon Mr. Flynn is a political decision, not a legal one,” Sullivan said in the decision. The expression “not legal” can also be translated in this case as “illegal,” which expresses the judge’s attitude to the case.
However, the judge concluded that he should dismiss the case because the Constitution does not leave him any choice. At the same time, he said accepting the pardon de facto means Flynn’s admission of guilt.
Earlier, the Justice Department asked the FBI to close the case of perjury. Still, the judge resisted this decision and appointed an outside expert who suspected the Justice Department of interfering with justice. Then Trump pardoned Flynn, leaving Sullivan no choice.