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Did Feds Commit Felony By Altering 302s In The Michael Flynn Case?
Townhall.com ^ | May 4, 2020 | Marina Medvin

Posted on 05/04/2020 3:32:15 AM PDT by Kaslin

The U.S. Code makes it a felony offense, punishable by up to 20 years in prison, to knowingly alter or falsify an entry in a document with the intent to influence a federal investigation. This is comparatively a more serious offense than the false statement charge that Michael Flynn pled to, which carries a maximum penalty of 5 years in prison.

Newly revealed text messages between federal agents Paige and Strzok discussing the Michael Flynn case, dating February 10, 2017, show the cheaters discussing rewriting a 302 written by another agent, trying to disguise their edits as the author's own voice.

According to insinuations made by Flynn's lawyers in hearings and court filings, statements made by Sidney Powell to the media, and pursuant to a review of the publicly available materials related to this case, the documents that the federal agents were discussing altering were almost certainly 302 reports. "An objective view of SSA 1's purported handwritten notes with the FD-302 of the January 24, 2017 interview of Mr. Flynn that Lisa Page instructed Agent Strzok to edit on February 10, 2017, reveals equally troubling 'inaccuracies,' 'omissions,' and 'unsupported statements,'" wrote Flynn's lawyers in their Motion to Dismiss for Egregious Government Misconduct. "Overnight February 10-11, 2017, Strzok makes multiple changes to the FBI 302 of that interview—changes that are objectively material to the defense," Flynn's lawyers later explained in a supplemental filing.

A 302 report is an FBI agent's record of investigative activity with detailed summaries of interviews conducted, which is filed on an official FBI Form, FD-302. A 302 report is akin to a very formal police report. In United States v. Harrison, the U.S. Court of Appeals for the District of Columbia Circuit explained the officiality of an FD-302 as follows: "In order to assure the accuracy of the reports, the [FBI] regulations require that the interviewing agent dictate or prepare a draft 302 report within five working days; it must then be typed and returned to the agent within another five working days. The agent is required to proofread the typed version and compare it with his notes for accuracy. Once this process is completed, the agent initials the report ..." The 302 report guides the course of subsequent FBI action with respect to the suspect. In the Flynn case, the 302 report was altered not by the agent who drafted the notes and the original report, but by two other agents, masquerading as the original writer, in apparent disregard of the FBI policy outlined above.

What happens when the signatory, the agent responsible for the accuracy of his 302 report, is not the one to make final edits in it? Is the integrity of the report inherently compromised? Is the report instantly rendered unreliable? After all, the altered 302 report is the crux of the federal government's case against Michael Flynn. How often do federal agents secretly alter their coworkers' 302 reports, while trying to maintain the original writer's voice to misleadingly present their edits as the author's? These troubling questions aside, the new evidence damningly shows Paige and Strzok knowingly altering another agent's original 302 report in the Flynn case, attempting to pass off their modifications as the work of the other agent.

But why did they do this? Did they have criminal intent? Page and Strzok texted about an "insurance policy" on August 15, 2016, and the very next day they opened an investigation on Michael Flynn. According to Sidney Powell, it's "easy to see that [Flynn] was set up and that Mr. Flynn was the 'insurance policy' for the FBI." In the August 15 text from Strzok to Page, he states, "I want to believe the path you threw out for consideration in Andy's [McCabe's] office — that there's no way he gets elected — but I'm afraid we can't take that risk. It's like an insurance policy in the unlikely event you die before 40." Page and Strzok's intent, from inception, was to get Flynn, "to get him to lie, so we can prosecute [Flynn] or get him fired," as another agent described. The criminal case against Michael Flynn depends entirely on the modified 302 report. Recall, it was the modified 302 report that induced Flynn's guilty plea. "[My former defense attorneys] walked me through the 'final 302' in detail. They explained if I did not accept the plea deal, that I should 'expect to be indicted the next day,'" Michael Flynn wrote in his declaration of innocence. The alteration of the 302 in Flynn's case is the key to the entire prosecution.

Do the text messages expose Paige and Strzok knowingly altering or falsifying entries in a 302 report with the intent to influence the federal investigation of Michael Flynn, thereby committing a felony offense? Piecing the evidence together, it's hard to see an argument to the contrary. Paige and Strzok's alteration of the 302 report changed the course of the investigation of Flynn, prompted criminal prosecution, and induced a guilty plea by an innocent man. The chain of events that unfolded as a result of Paige and Strzok's actions, ruining Michael Flynn's life and reputation, would never have happened but for the alteration of the FD-302.

Michael Flynn's legal team has been desperately seeking the original 302 report to prove their client's innocence and to simultaneously cement the federal agents' culpability. The original 302, which remains dubiously missing, will be the final nail in the feds' coffin. Where is the original 302?

Maybe the Durham probe, which is investigating these shameful KGB-style agents, will tell us what happened to the original 302.


TOPICS: Crime/Corruption; Editorial; Government
KEYWORDS: 302s; fbi; flynn; jamescomey; michaelflynn; peterstrzok; russiacollussion
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To: Kaslin

Alteration of a 302 as part of a conspiracy to overthrow the government should merit the death penalty.


21 posted on 05/04/2020 5:03:07 AM PDT by bert ( (KE. NP. N.C. +12) Progressives are existential American enemies)
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To: Candor7
Too late. Some badass could be brought in next week and (just sayin', I know this is impossible) indictments go out the week after that, and the trials would easily drag on into next year.

The Pied Piper is still at work over on the uh, you know, the number 17 threads.

It's too f'n late for anything to happen before the elections. We're going to have to find a way to overcome all the vote fraud and mail-in voting, which will most probably happen in certain blue states, to keep Trump in office ourselves.

The House could well be a lost cause at this point. Let's be real about it.

22 posted on 05/04/2020 5:08:36 AM PDT by OKSooner (Don't buy from China. Don't buy from Microsoft. Don't do Facebook. Tweet only enough to get banned.)
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Being in same office with access to the KNOWLEDGE that felony crimes were being committed, then not reporting them or taking action against them, is also an offense for federal workers.

Everyone swirls down the toilet together if you chose to play in the toilet atop the turds.


23 posted on 05/04/2020 5:15:13 AM PDT by USCG SimTech
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To: Ann Archy

There needs to be a new special prison constructed for FBI and Intelligence criminals. It should hold several thousand inmates. The entire FBI above street level should be interned there. There are either criminals at those higher levels or abettors of criminals. New hires may be exempted after minute scrutinization.


24 posted on 05/04/2020 5:15:53 AM PDT by arthurus (ss)
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To: central_va
My hope is that after Trump is re-elected (assuming there will be an election), the hammer will fall. With no more need to play nice for the next election cycle, payback can be a real bitch.

That is why I think these scumbags are throwing everything they can at him now. If they wait, they see their turn in the barrel coming up, and it ain't gonna be pretty.

Didn't Hillary make a prediction of what would happen to them if Trump won?

25 posted on 05/04/2020 6:19:11 AM PDT by Dubh_Ghlase (Oh boy!)
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To: Kaslin

Why those conspirators aren’t in prison is a mystery to me. Their crimes are so evident and easy to substantiate convictions. The other parties to the conspiracy require more digging and interrogations, but the Comey/McCabe and their close associates have committed “in your face” crimes. Lock them up - now!!!


26 posted on 05/04/2020 6:51:48 AM PDT by elpadre (AfganistaMr Obama said theoal was to "disrupt, dismantle and defeat al-hereQaeda" and its allies.)
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To: Dubh_Ghlase

“My hope is that after Trump is re-elected (assuming there will be an election), the hammer will fall.”

He’s had nearly 4 years to do this. His economy is wrecked. What’s left? Not much.


27 posted on 05/04/2020 6:56:00 AM PDT by CodeToad (Arm Up! They Have!)
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To: Kaslin

I am of the opinion that ANY interaction with law enforcement should be video and audio recorded, a copy maintained, and a hash applied to the resulting file to ensure originality and copies burned to dvd and left with your attorney and some other person that you trust for safe keeping.


28 posted on 05/04/2020 7:36:29 AM PDT by taxcontrol
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To: CodeToad
You have to know your enemy before you can properly engage them...

. Trump may have been surprised at the depth of the swamp...

29 posted on 05/04/2020 8:10:19 AM PDT by Dubh_Ghlase (Oh boy!)
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To: Candor7
"The President should just step in and fire them, and direct a special prosecutor to go after them."

~~~~~~~~~~~~~~

Are you really that far behind reality?

...and you never heard of Durham, et al?

SMH...

TXnMA    
  

30 posted on 05/04/2020 8:29:29 AM PDT by TXnMA (Anagram: "PANDEMIC --> DEM PANIC")
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To: Candor7
The DOJ will not prosecute themselves.

But wait you forgot about our ace in the hole, we have Lindsey Graham and he is all over this, he's evening going to hold hearings someday.

31 posted on 05/04/2020 8:36:10 AM PDT by usurper ( version)
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To: Kaslin
Courtesy OP ping to #30...

TXnMA    
  

32 posted on 05/04/2020 8:36:47 AM PDT by TXnMA (Anagram: "PANDEMIC --> DEM PANIC")
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To: Dubh_Ghlase

“. Trump may have been surprised at the depth of the swamp...”

In all fairness to Trump, I think we all were surprised by the level of criminal activity.


33 posted on 05/04/2020 9:12:16 AM PDT by CodeToad (Arm Up! They Have!)
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To: Dubh_Ghlase

“. Trump may have been surprised at the depth of the swamp...”

In all fairness to Trump, I think we all were surprised by the level of criminal activity.


34 posted on 05/04/2020 9:38:00 AM PDT by CodeToad (Arm Up! They Have!)
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To: spokeshave; All
Gen. Flyn is a top level military security officer....would he not make his own recordings of important conversations...?

This was passed off as a routine matter, as part of the trap.

Remember how Comey bragged about how he could not have "gotten away with it" except it was just a few days into the administration, while they were still getting their feet on the ground?

The entire point is, it did not matter what General Flynn said, if the FBI was willing to falsify documents to get him fired and/or convicted.

35 posted on 05/05/2020 6:58:01 AM PDT by marktwain (President Trump and his supporters are the Resistance. His opponents are the Reactionaries.)
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To: elpadre
Why those conspirators aren’t in prison is a mystery to me. Their crimes are so evident and easy to substantiate convictions.

Remember, they will be tried before a jury of District of Columbia residents, and a D.C. judge.

36 posted on 05/05/2020 7:00:21 AM PDT by marktwain (President Trump and his supporters are the Resistance. His opponents are the Reactionaries.)
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To: marktwain

“Remember, they will be tried before a jury of District of Columbia residents, and a D.C. judge.”

Could the AG assign the case to a different jurisdiction?? - just curious!!


37 posted on 05/05/2020 8:03:06 AM PDT by elpadre (AfganistaMr Obama said theoal was to "disrupt, dismantle and defeat al-hereQaeda" and its allies.)
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To: The_Media_never_lie

“Lindsey is a big mouth do nothing. The Republican Party should primary him, but they won’t.” Lindsey is not “a big mouth do nothing.” If given an opportunity to stab a conservative in the back he is all action.


38 posted on 05/05/2020 8:26:58 AM PDT by Vehmgericht (12)
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