While the Department of Justice (DOJ) made headlines this week by dropping its case against former National Security Adviser Michael Flynn, one prominent attorney warns he might not be out of the woods, yet.
During an interview with Fox News on Thursday, former Deputy Independent Counsel Sol Wisenberg said Flynn could still be tried for perjury if presumptive Democratic presidential nominee Joe Biden wins in November, Breitbart reported.
The recent decision to drop charges of lying to the FBI came amid new evidence that federal prosecutors sought to coax Flynn, a retired Army general, to lie in an effort to see him removed from his position in the Trump administration.
Apparent evidence of corruption
Another note referenced a longstanding federal law that prohibits individuals from attempting to conduct unauthorized foreign policy on behalf of the United States.
“If we get him to admit to breaking the Logan Act, give facts to [the] DOJ [and] have them decide,” the note’s author advised, according to The Hill.
Reports indicate both notes were written by former FBI head of counterintelligence Bill Priestap following a meeting with then-FBI Director James Comey and then-FBI Deputy Director Andrew McCabe.
Flynn’s plea could have consequences
Though Flynn pleaded guilty to the resulting charges in 2017, he later attempted to withdraw his plea, according to Politico.
It was that decision to admit wrongdoing, Wisenberg speculated, that could haunt Flynn if Biden is successful on Election Day.
As a result, he suggested that Flynn might still need a presidential pardon to serve as a safeguard against being prosecuted on the same charges in the future, Breitbart reported.
The Justice Department’s motion to dismiss the case also reduces Flynn’s “guilty plea” — which he has since sought to withdraw — to a single count of making false statements in a January 24, 2017 interview” with federal investigators, according to reports.
While Flynn’s defenders contend he deserved to be exonerated because the FBI’s investigation was tainted by politics, a Biden presidency could prove he is still not free of partisan retaliation.