Grand theft government

President Trump is in the process of sending millions of dollars in taxpayer money directly to his political allies — and himself.

One of the biggest beneficiaries may be Michael Flynn, Trump’s first national security advisor. Flynn was charged in 2017 with “knowingly and willfully making materially false statements” to the FBI regarding his conversations with Russian diplomats the previous year.

On the same day he was charged, Flynn “signed a Plea Agreement and Statement of Offense in which he agreed to plead guilty to the charged offense and admitted under penalty of perjury to the factual basis” of the charges. He subsequently testified in open court that he was pleading guilty because he was, in fact, guilty. The prosecution by Special Counsel Robert Mueller was part of a larger investigation into alleged Russian interference in the 2016 presidential campaign.

Flynn’s sentencing was delayed so he could cooperate with the government’s inquiry. In January 2020, Flynn requested to withdraw his guilty plea and filed a motion to dismiss the case. Then, in May 2020, Timothy Shea, the United States Attorney for the District of Columbia during the first Trump administration, filed a motion to dismiss the case against Flynn. Shea essentially argued that any lies Flynn told the FBI were immaterial.

The move to dismiss the charges was widely viewed as part of the Trump administration’s efforts to undermine the legitimacy of the Mueller investigation. The judge did not immediately accept the motion. In November 2020, before the judge issued a ruling, Trump pardoned Flynn. The case was dismissed as moot.

Flynn now alleges he was the victim of “abuse of process and malicious prosecution.” He sued the federal government in March 2023, seeking at least $50 million.

In general, the United States Government is immune from civil lawsuits. Flynn filed his lawsuit under the Federal Tort Claims Act (FTCA), which provides very limited exceptions to that immunity.

The suit by Flynn under the FTCA is extraordinarily weak. Among other things, a successful claim would require there to be an “absence of probable cause” for the charges. In Flynn’s case, he not only agreed there was probable cause but pled guilty to the charges. Further, a successful claim would require that the prosecution against Flynn be terminated in his favor. Securing a pardon does not resolve the case in his favor. Flynn’s case was dismissed as moot because