I’m not trying to be condescending, but, what 302s? In any criminal case that, EVERYTHING is supposed to be handed over to the defense. Notes, if kept, included. The Feds don’t record their interviews and are told to destroy their notes. So, they can write whatever they want in all the subsequent paperwork. And, unlike the way things are done in the ‘real world’, they’ve rigged the system in such a way that you have to prove your innocence rather than them proving your guilt.
They’re tossing this out there as bait so the Judge will declare that the whole case should be tossed and if the DOJ wants to, they can take another bite at the apple. Which, they will not do and say: it’s too expensive.....Gen Flynn has been through enough and retrying him won’t do anything....on further review of all the paperwork and reports, we’ve decided that his statements don’t warrant prosecution.....NO REASONABLE PROSECUTOR WOULD TAKE THIS CASE TO A GRAND JURY...something along those lines.
And Sullivan will agree, Gen Flynn will be let go, a destroyed man. And the DOJ/FBI will not have to admit to any wrongdoing, criminal activity, perjury, filing false reports. They’ll gin up some other event to wipe this whole thing off the front page, if it even gets that.
This means two things:
1. The charges would be dismissed WITH PREJUDICE (which means the prosecution can’t re-time the charges even if they wanted to).
2. Flynn would have the legal standing to sue the DOJ and the prosecutors.
If the motion to dismiss the charges is successful, Flynn would likely end up more like Richard Jewell than Ted Stevens.