is going to lose the battle. That was the takeaway from Tuesday’s hearing before the D.C. Circuit U.S. Court of Appeals. Flynn will eventually win the war, but President Trump’s first national-security adviser is still in a slog, and there are more scraps ahead.
Flynn will eventually prevail in having the case dismissed, because he has an ace in the hole: If all else fails, the president will pardon him. Meanwhile, maybe Sullivan will grant the dismissal motion, as the judge’s lawyer hinted at the hearing. If he does not, maybe there will still be time for Flynn to win a reversal on appeal — an eventuality that some circuit judges suggested but that, practically speaking, may hinge on whether President Trump is reelected (if Trump loses, he’d have to pardon by January 20). Naturally, Flynn would rather not go the pardon route; there is more vindication if the case is formally dismissed on the motion of the prosecuting authority that brought it.