I think almost everyone at some point in their lives has heard the declaration that “crime does not pay.” My father was a city court judge and would frequently remind us of that, particularly during our teen years. I know that I too, reminded criminal defendants in my court for two decades, of this admonition.
I have watched the Trump pardon process since the beginning of his second term which appears to involve granting pardons to well-heeled benefactors in exchange for hefty political contributions to Trump’s political pacs. In one instance a pardon was granted to a titan of the crypto currency industry who the Trumps were doing business with. Little or nothing can be done about this practice since the United States Supreme Court identified it as a ”core function “of the presidency and therefore immune from investigation or prosecution. As egregious as this appears, it nowhere undercut the admonition that ”crime does not pay “as sensationally as when the United States Department of Justice agreed to settle Michael Flynn’s wrongful prosecution lawsuit for $1.2 million dollars[1]
Michael Flynn was the first national security advisor to Donald Trump at the beginning of his first term in office in 2017. He was discovered to have spoken with a high ranking Russian government official during the transition and prior to Trump’s inauguration, at a time when such conduct was forbidden by law. When the conversation was unearthed, agents of the Federal Bureau of investigation went to the White House to interview Flynn and Flynn lied both to the agents and to Vice President Mike Pence, claiming he did not have that conversation. Flynn was eventually indicted by Special Counsel Robert Muller and on December 1, 2017 pled guilty to an indictment charging him with making false statements to the FBI. He also agreed to cooperate with Special Counsel’s investigation.[2] Flynn subsequently attempted to repudiate his agreement with the special counsel and withdraw his guilty plea but eventually pled guilty, a second time, during an aborted sentencing hearing.[3] After several subsequent legal skirmishes with the Special Counsel, Donald Trump, after being defeated by President Joseph Biden, pardoned Flynn before leaving office.[4]
In 2023 Flynn sued the Justice Department claiming he was maliciously prosecuted and demanded $50 million in damages. The Biden administration Justice Department defended the lawsuit contending that because Flynn pled guilty, his claim was not supported by the evidence. The Court dismissed Flynn’s action but gave him leave to file a new complaint and Flynn refiled his complaint after Trump returned office.[5]
The idea that Flynn was maliciously prosecuted would normally not pass the laugh test were it not for the fact that he is being rewarded with $ 1,200,000 in United States taxpayer dollars. Not only did Flynn stand up in court. under oath and admit to the crime he was charged with TWICE, but he then accepted a pardon for his criminal activity . The significance of this last factor is that one, in seeking and accepting a pardon, is acknowledging an “imputation of guilt and acceptance of a confession of it,” essentially admitting the criminal conduct they are seeking relief from.[6] In plain terms Flynn, for the third time, admits that he committed the crime but should be pardoned for that conduct.
While it comes as no surprise Trump that would pardon Flynn, considering the history of pardons issued by Trump, citizens and taxpayers should expect and demand better from the United States Department of Justice.
The taxpayer funded payout to Flynn is, of course, a prelude and a precedent for Trump to settle his own lawsuits that he has brought against the United States.
One lawsuit involves a claim for $10 billion against the Internal Revenue Service because an employee leaked the Trump organization’s tax returns to the media in 2019 and 2020.[7] The second lawsuit seeks $230 billion for what Trump claims were wrongful prosecutions for his attempts to thwart the transfer of power to President Biden on January 6, 2021 and his wrongful retention of classified material at Mar a Lago.[8]
This past week Reuters has reported that Trump is in settlement talks with his own Justice Department concerning his $10 billion claim against the Internal Revenue Service for leaking the Trump organization tax returns[9] That decision, concerning whether to settle or for how much, will be made by various Trump appointees. Even Trump acknowledged the ludicrousness of this situation when he characterized the lawsuit declaring, “I am sort of suing myself.”[10]
At this writing, the Justice department has paid 8.5 million dollars during Trump’s second term to resolve legal claims brought by Trump’s allies and supporters.[11]
There is no end in sight to these rapacious attacks on the United States Treasury by Trump and his minions. Enrique Tarrio and other Proud Boys who were convicted of crimes on January 6 and pardoned by Trump have filed a $100 million lawsuit against the United States and fifty unrelated individuals, also pardoned by Trump, have brought a class action demanding $18 million of taxpayer money .[12]
We can see, clearly, that under Trump, crime does pay. Unfortunately, we are the ones paying the bill .
[1] “Justice Department Settles Lawsuit from Trump Ally Michael Flynn for 1.2 million AP Sources Say,” by Eric Tucker and Alana Durkin richer, Albany Times Union, March 25, 2026,
[2] “Michael Flynn Pleads Guilty to Lying to the FBI and Will Cooperate with Russia inquiry,” by Michael Schear and Adam Goldman, New York Times, December 1, 2017.
[3] Michael Flynn moves to withdraw a guilty plea in about-face after extensive cooperation by Adam Goldman, New York Times, January 14, 2020, updated June 2, 2020.
[4] Trump pardons Michael Flynn Ending Case His Justice Department Sought to Shut Down by Charlie Savage, New York Times, November 25, 2020.
[5] “US DOJ settles Lawsuit from Trump Ally Flynn for 1.25 million, Source Says” by Andrew Goudsward, Reuters updated March 26, 2026
[6] Burdick v. United States, 236 US 79 (1915).
[7] Trump and His Sons Sue, IRS, and US Treasury Over Leaked Tax Information,” by Nardine Saad, BBC News, January 29,2026.
[8] “Trump Said to Demand Justice Department Pay him 230 million for Past Cases,” by Devlin Barrett and Tyler Pager, New York Times, October 21, 2025.
[9] “Trump, IRS in Talks to Settle US President’s 10 billion Lawsuit, by Jonathan Stemple, Reuters, April 17, 2026.
[10] See and note 8.
[11] “DOJ”s Payouts to Trump Allies Coud Undermine Past Investigations,” by Perry Stein and Jeremy Roebuck, Washington Post, April 25, 2026
[12] “Proud Boys Sue US Government for 100 million Over January 6 Prosecutions” by Nadine Yousif, BBC News, June 6, 2025, and “Participants in January 6 Riot Sue Federal Government for Excessive Police Force,” by Stephanie Matat, USA Today Network- Florida, March 30, 2026.