Ending the Flynn False-Statement Case Was the Right Judgment
Posted on AllSides May 8th, 2020
From The Right
ANALYSIS
Judgments and rules are two different things. Rules are, or should be, clear bright lines that can produce yes-or-no answers. Judgments are more complicated than that. They need not be as standardless as Potter Stewart’s famous definition of pornography (“I know it when I see it”), but judgments typically involve a good deal more weighing and balancing of multiple factors, sometimes in ways that don’t reduce to a mathematical formula. The Justice Department’s decision to drop the Michael Flynn false-statement prosecution, three years after he pleaded guilty, might not pass...
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