Posted on 12/13/2019 12:32:21 PM PST by richardtavor
On Tuesday, attorneys for Michael Flynn filed a sentencing memorandum and letters of support for the former Army lieutenant general in federal court. The sentencing memorandum reveals for the first time concrete evidence that the FBI created multiple 302 interview summaries of Flynn’s questioning by now-former FBI agent Peter Strzok and a second unnamed agent, reported to be FBI Special Agent Joe Pientka.
Further revelations may be forthcoming soon following an order entered late yesterday by presiding judge Emmet Sullivan, directing the special counsel’s office to file with the court any 302s or memorandum relevant to Flynn’s interview.
Flynn, who served briefly as President Donald Trump’s national security advisor, pleaded guilty more than a year ago to making false statements to federal investigators during a January 24, 2017 interview. During that interview, Strzok and (presumably) Pientka questioned Flynn about a telephone conversation the Trump advisor had with Russian ambassador Sergey Kislyak.
While Flynn’s sentencing memorandum methodically laid out the case for a low-level sentence of one-year probation, footnote 23 dropped a bomb, revealing that the agents’ 302 summary of his interview was dated August 22, 2017. As others have already noted, the August 22, 2017 date is a “striking detail” because that puts the 302 report “nearly seven months after the Flynn interview.” When added to facts already known, this revelation takes on a much greater significance.
First, text messages between Strzok and former FBI Attorney Lisa Page indicate that Strzok wrote his notes from the Flynn interview shortly after he questioned the national security advisor on January 24, 2017. Specifically, on February 14, 2017, Strzok texted Page, “Also, is Andy good with F 302?” Page responded, “Launch on f 302.” Given Strzok’s role in the questioning Flynn, the date (three weeks from the interview), the notation “F 302,” and Page’s position as special counsel to Andrew McCabe, it seems extremely likely that these text exchanges concerned a February 2017, 302 summary of the Flynn interview.
Additionally, now that we know from the sentencing memorandum that the special counsel’s office has tendered a 302 interview summary dated August 22, 2017, we can deduce that an earlier 302 form existed from James Comey’s Friday testimony before the House judiciary and oversight committees.
uring the day-long questioning of the former FBI Director, Rep. Trey Gowdy asked Comey whether the agents who interviewed Flynn had indicated that Flynn did not intend to deceive them during the interview. After Comey replied “No,” Gowdy pushed him, asking “Have you ever testified differently?” Comey again responded, “No.”
But when asked whether he recalled being asked that question doing an earlier House hearing, Comey countered: “No. I recall — I don’t remember what question I was asked. I recall saying the agents observed no indicia of deception, physical manifestations, shiftiness, that sort of thing.” (More on that testimony shortly.) This exchange then followed:
Mr. Gowdy: “Who would you have gotten that from if you were not present for the interview?”
Mr. Comey: “From someone at the FBI, who either spoke to — I don’t think I spoke to the interviewing agents but got the report from the interviewing agents.”
Mr. Gowdy: “All right. So you would have, what, read the 302 or had a conversation with someone who read the 302?”
Mr. Comey: “I don’t remember for sure. I think I may have done both, that is, read the 302 and then investigators directly. I just don’t remember that.”
President Trump fired Comey on May 9, 2017, so the 302 of the Flynn interview Comey read must have been written before then. Why then was a new 302 drafted on August 22, 2017? And by whom?
The timing of the re-write—shortly after then-FBI Agent Strzok was removed from Special Counsel Robert Mueller’s team after his anti-Trump text messages came to light—raises the possibility that Mueller wanted to scrub the evidence of Strzok’s taint. Having the second agent involved in questioning Flynn draft a new 302 summary would eliminate attacks premised on Strzok’s bias against the president.
Mr. Gowdy: “All right. So you would have, what, read the 302 or had a conversation with someone who read the 302?”
Mr. Comey: “I don’t remember for sure. I think I may have done both, that is, read the 302 and then investigators directly. I just don’t remember that.”
President Trump fired Comey on May 9, 2017, so the 302 of the Flynn interview Comey read must have been written before then. Why then was a new 302 drafted on August 22, 2017? And by whom?
The timing of the re-write—shortly after then-FBI Agent Strzok was removed from Special Counsel Robert Mueller’s team after his anti-Trump text messages came to light—raises the possibility that Mueller wanted to scrub the evidence of Strzok’s taint. Having the second agent involved in questioning Flynn draft a new 302 summary would eliminate attacks premised on Strzok’s bias against the president.
What motivated Sullivan is unclear, but his experience in the Stevens’ case was a likely trigger. In that case, the government withheld 302s, didn’t include exculpatory statements in the 302s, and did not create a 302 for an interview that “didn’t go very well,” from the prosecution’s standpoint. Sullivan likely wants to assure himself that the Flynn case isn’t a copycat of the political targeting of Stevens from a decade ago.
Once the government dockets the evidence, Sullivan should be able to resolve two outstanding questions: First, what, if any, changes were made to the 302s? Second, did Strzok and his fellow FBI agent express a view on whether Flynn was lying?
Here, we return to Comey’s testimony from Friday referenced above, that “the agents observed no indicia of deception, physical manifestations, shiftiness, that sort of thing.” Comey further explained, though, that his “recollection was [Flynn] was — the conclusion of the investigators was he was obviously lying, but they saw none of the normal common indicia of deception: that is, hesitancy to answer, shifting in seat, sweating, all the things that you might associate with someone who is conscious and manifesting that they are being — they’re telling falsehoods. There’s no doubt he was lying, but that those indicators weren’t there.”
The earlier version(s) of the 302s will either support or contradict Comey’s testimony. Same with McCabe’s January 24, 2017 memorandum. The latter will prove particularly interesting given the conflict between Comey’s latest testimony and that of McCabe, who served as deputy director of the FBI at the time. In an executive session of the House Permanent Select Committee on Intelligence, McCabe acknowledged “the two people who interviewed [Flynn] didn’t think he was lying, . . .”
Of course, this all assumes that the special counsel’s office still has copies of the initial 302s created, which might not be the case given that when Mueller’s “pitbull,” Andrew Weissmann, led the Enron Task Force, his team, among other things, systematically destroyed draft 302s.
Comey could pay Flynns’ legal fees and buy him a replacement house out of his book proceeds and that’s the least that should happen.
Consider why Attorney Powell is letting this play out. If charges are dismissed, Judge will never order the 3-2s and other evidence to be produced. Flynn needs this stuff for his civil matter. He will get $Millions if he gets the evidence.
Judge is in a tough spot here. He will probably dismiss. Thus letting everyone off the hook. Article says this was not in the IG Report. How could the IG report miss this? It is a year after the article. This alone shows “BIAS” on behalf of several in the FBI. Everyone is avoiding the elephant in the room.
“The FBI can shred anything they please.”
We saw “Richard Jewell” today and were stunned at how the FBI treated that poor man — lying to him, manipulating him, tricking him, trying to keep him from talking to a lawyer etc. Basically it was exactly what they did to Flynn.
Seems Jewell was a decent guy, but not the sharpest knife in the drawer, so they used that to their advantage to frame him. Even when they knew he was innocent, they continued with the harassment of him and his poor mother. Actually, it was sickening to watch this.
No Lieutenant General Flynn served in the Army not Air Force
This might have been the article you meant>
https://thefederalist.com/2019/12/13/how-the-ig-fisa-abuse-report-affects-michael-flynns-case/
(snip).....Then two weeks ago came another surprise: After having argued for months that there was no need to delay Flynn’s sentencing, federal prosecutors contacted Powell to suggest postponing the sentencing. Powell concurred and then the government filed a joint motion asking the court to cancel the upcoming sentencing briefing and hearings.
In the motion, the government presented two rationales for the delay. First, the parties noted that until the court ruled on the pending motion to compel, briefing would be premature. Second, and more significantly, the joint motion noted “that the Department of Justice’s Office of the Inspector General (OIG) is conducting an Examination of the Department’s and the FBI’s Compliance with Legal Requirements and Policies in Applications Filed with the US. Foreign Intelligence Surveillance Court Relating to a certain US. Person,” and stated that “the parties expect that the report of this investigation will examine topics related to several matters raised by the defendant.”
Now that the report is out, the question is how it will affect Flynn’s case....(Snip)
It will be interesting. Any other liberal judge would be suspect. But this judge did show some balls when he correctly overturned the Ted Stevens case: http://news.bbc.co.uk/2/hi/americas/7988402.stm. Of course the damage was already done in the Stevens case, as he never returned to politics after losing the bogus election. My prayer is that he realizes that Flynn’s life has been ruined like Stevens life was, except that the Judge is in a position to right a wrong. I hope he throws a large book at the Government, and exacts as much penalty as he can. If he does, perhaps Trump can drive the Democrats even crazier by appointing Flynn back into his Administration!
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