Thanks for the concise analysis!
Just read the supporting documents that Mueller gave the court. I’m not an attorney and I defer to the brighter legal minds here on FR, but I think Mueller has a real problem.
According to the 302’s that were part of the filing, it appears the FBI was already aware that Flynn was “lying” and stated in the narrative they didn’t want to confront him with “false statements” in order to not have Flynn stop cooperating.
If that is the case, and the charge stems from this interview, I think Flynn has a pretty good case for 4th Amendment violations. It’s pretty obvious they were aware of misstatements made by Flynn. They admit they were told to “use his own words” in an attempt to “refresh his memory”. So the reason the FBI interviewed Flynn was to see if he would continue the “lie”.
This shows intent by the FBI to either entrap Gen. Flynn or build an underlying case (Lying to the FBI) in order to bring leverage against Flynn to turn on Trump and others.
Again, I’m not an attorney, but I cannot believe Judge Sullivan would condone this obvious attempt to violate Gen. Flynn’s Constitutional rights.
Hopefully, a REAL attorney will weigh in on this.