Flynn was charged with a process crime relating to an illegal government investigation -- and that investigation predates Flynn's phone call with Kislyak, and Comey lied about why and when he was looking at Flynn.
Originally Posted by I B Hankering
I'm not certain what a "process crime" is as a significant (relevant) legal term, but once I learn what it is I will research whether or not there is a statutory defense of "an illegal investigation." In the meantime I'll rely on the philosophy underlying "resisting arrest" in which it has been determined generally speaking (I've not looked at ALL "resisting" statutes in the U.S., but I am familiar with the model penal code) THAT it is a crime even if the arrest is "illegal." (Of course, I recognize that the phrase "process crime" is one of those media born references that is an attempt to marginalize a conviction in the 21st century!)
It appears this is "the source" and his assessment is purely academic in nature.
https://www.law.columbia.edu/sites/d...y.Columbia.pdf
To demonstrate the spuriousness of the "label" one only has to examine the events in Chicago recently regarding an apparent fake attack allegedly from "TrumperDeplorables" against a victim "of color"! Was making a false report to report merely a "process crime"? By definition, then, Comey et all only committed "process crimes" by lying to the Nation, the media, and Judges.
Trump can pardon Flynn irrespective of the legality of the conviction. And, IMO, if the investigation for which he was questioned when he allegedly lied was, and is, illegal, and there is sufficient evidence revealed to justify that conclusion to a reasonable person, then he should be pardoned EVEN IF HE PLED GUILTY, WHICH WAIVES ALL DEFENSES, whether statutory or constitutional, unless preserved specifically in the contract.