Good point. As far as I can tell, he’s doubling down on the hope of a pardon. You would think that if Trump were going to issue one, he’d have done it three years ago instead of now.
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There’s no constitutional restriction I’m aware of that prohibits awarding a pardon to Flynn because of potentially pending legal processes, and the Nixon pardon is precedent - Nixon committed criminal acts and was pardoned prior to conviction.
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He wants a trial so he can make a case that there was prosecutorial misconduct. Possibly Durham has uncovered something that would help him in this regard. The president would benefit from this, so Flynn would have a strong expectation for a pardon. But I would just remind Flynn that everyone who does business with Donald Trump gets burned, and anyway Flynn’s cutting it real close to the wire with the elections.
It’s probably not a good gamble. Better to take his slap on the wrist and get on with it. Except maybe not–Flynn’s consulting business probably relies on his maintaining a security clearance, which he won’t be able to do with a felony conviction.
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