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Susan Rice’s Email Proves FBI Had No Legitimate Reason To Question Flynn
The Federalist ^ | May 20, 2020 | Margot Cleveland

Posted on 05/20/2020 7:46:24 AM PDT by Kaslin

The recently declassified paragraph in Susan Rice’s email confirms the FBI had no valid investigative purpose for questioning Flynn on January 24, 2017.


Yesterday’s release of Susan Rice’s inauguration-day email to herself provided further evidence of former President Barack Obama’s participation in the FBI’s targeting of Michael Flynn. The recently declassified paragraph in Rice’s email, however, proves significant for another reason: It confirms the FBI had no valid investigative purpose for questioning Flynn on January 24, 2017.

In February 2018, Sens. Chuck Grassley and Lindsey Graham announced that as part of their efforts to conduct oversight of the FBI and DOJ they had discovered “a partially unclassified email sent by President Obama’s former National Security Advisor (NSA) Susan Rice to herself on January 20, 2017—President Trump’s inauguration day.”

At the time, the Republican senators noted that in her email Rice “purport[ed] to document a meeting that had taken place more than two weeks before, on January 5, 2017,” and then quoted the unclassified portions of the document:

On January 5, following a briefing by IC leadership on Russian hacking during the 2016 Presidential election, President Obama had a brief follow-on conversation with FBI Director Jim Comey and Deputy Attorney General Sally Yates in the Oval Office. Vice President Biden and I were also present.

President Obama began the conversation by stressing his continued commitment to ensuring that every aspect of this issue is handled by the Intelligence and law enforcement communities ‘by the book’. The President stressed that he is not asking about, initiating or instructing anything from a law enforcement perspective. He reiterated that our law enforcement team needs to proceed as it normally would by the book.

From a national security perspective, however, President Obama said he wants to be sure that, as we engage with the incoming team, we are mindful to ascertain if there is any reason that we cannot share information fully as it relates to Russia.

The next paragraph was redacted, but Rice then concluded by writing, “The President asked Comey to inform him if anything changes in the next few weeks that should affect how we share classified information with the incoming team.”

On Tuesday, the previously redacted paragraph was declassified, and buried behind the blackout were details of the Obama administration’s focus on Flynn:

Director Comey affirmed that he is proceeding ‘by the book’ as it relates to law enforcement. From a national security perspective, Comey said he does have some concerns that incoming NSA Flynn is speaking frequently with Russian Ambassador Kislyak. Comey said that could be an issue as it relates to sharing sensitive information. President Obama asked if Comey was saying that the NSC should not pass sensitive information related to Russia to Flynn. Comey replied ‘potentially.’ He added that he has no indication thus far that Flynn has passed classified information to Kislyak, but he noted that ‘the level of communication is unusual.’

This paragraph reveals several significant details. First, Comey distinguished between law enforcement and national security, and was not proceeding “by the book” related to the latter. Second, Obama knew of Comey’s intent and condoned the withholding of information from the incoming administration.

Now, thanks to the additional declassification, we know the purported concerns about Flynn were specific: Comey told President Obama he was concerned about the level of communication with Kislyak and raised the possibility that Flynn might pass classified information to Kislyak.

Of course, it would be entirely normal and appropriate for Flynn to speak with the Russian ambassador as part of the Trump transition team, and there is no reason to believe Flynn would share classified information with Kislyak. In fact, we know from the FBI’s closing memorandum on Flynn that a thorough investigation had revealed no derogatory information.

But Comey cautioned Obama otherwise. Why? And why did Rice belatedly document this conversation?

Possibility one: Comey, and in turn Rice and Obama, truly believed Flynn was compromised and might hand classified information to the Russians. But if that was the case, it was inexcusable for Comey not to brief President-elect Trump on that fear. And it was inexcusable for then-President Obama not to direct Comey to provide that briefing.

The second possibility is that no one suspected Flynn of being a Russian agent, but the FBI needed a pretext to continue to investigate Flynn so it could justify withholding details of the broader Crossfire Hurricane investigation from Flynn and thereby Trump. Either possibility is a huge political scandal that runs right through Comey to Obama.

However, there is a second significance to the details released yesterday, namely the declassified paragraph, when read together with other recently released documents, confirms that when FBI Agents Peter Strzok and Joe Pientka questioned Flynn on January 24, 2017, the FBI had no valid investigative purpose.

It was during that January 24, 2017 questioning of Flynn that the retired general purportedly lied to Strzok and Pientka about his conversations with Kislyak. In late 2017, Flynn pleaded guilty to making false statements to the FBI, but later sought to withdraw his guilty plea.

While that motion was pending, U.S. Attorney General William Barr ordered an independent review of the Flynn prosecution. That review, conducted by Missouri-based U.S. Attorney Jeff Jensen, revealed the lead prosecuting attorney—a hold-over from the special counsel’s office—Brandon Van Grack, had withheld exculpatory evidence from Flynn’s attorneys. That evidence included a January 4, 2017, FBI memorandum closing the investigation into Flynn and a series of text messages showing Strzok short-circuited the case closing by orders from above.

Also uncovered were handwritten notes discussing the FBI’s planned January 24, 2017 interview of Flynn, and scribbles questioning the motive: Was it to get the truth? Or was it to get Flynn to lie to get him prosecuted or fired?

That evidence, and Jensen’s independent investigation, led the DOJ to conclude that the January 24, 2017 interview “was not conducted with a legitimate investigative basis and therefore, even if Flynn made false statements, they were not material.” Based on this conclusion, the D.C. U.S. attorney filed a motion to dismiss the criminal charge against Flynn.

Rather than toss out the criminal charge, however, presiding Judge Emmet Sullivan appointed a biased former judge as an amicus curiae to argue against dismissal. Yesterday, Flynn’s attorney Sidney Powell filed an emergency petition (called a petition for a writ of mandamus) with the D.C. Circuit Court, asking the appellate court to direct Sullivan—or a newly assigned judge—to dismiss the charge.

Meanwhile, outside the courtroom, pundits have been debating the propriety of the motion to dismiss. Those condemning Barr’s decision to drop the charge against Flynn have argued that the FBI’s ongoing Russia collusion investigation provided FBI agents a proper predicate to question Flynn. While the FBI may have intended to close the investigation into Flynn on January 4, 2017, critics argue, the discovery of Flynn’s conversations with Kislyak raised new questions related to the Crossfire Hurricane investigation, justifying the questioning of Flynn.

Rice’s email spoils that talking point, because she lays out Comey’s supposed counterintelligence concern: that Flynn may be passing classified information to Russia. But between January 5, 2017, when Comey told Obama about his misgivings, and January 24, 2017, when the FBI questioned Flynn, the FBI must have ruled out that possibility.

How do we know? Because the handwritten notes discussing the purpose of the interview were silent on that possibility. Bill Priestap, the former FBI counterintelligence head, after asking if the FBI’s goal was “truth” or “to get him to lie, so we can prosecute him or get him fired,” spoke of “getting” Flynn “to admit [his] wrongdoing.” And the only wrongdoing suggested was the Logan Act—an antiquated and most assuredly unconstitutional law that no one even pretends would serve as the basis for a legitimate investigation.

So, contrary to the left’s current talking points, the discovery of Flynn’s conversations with Kislyak did not provide a basis to question Flynn on January 24, 2017, because the FBI had already ruled out any connection between those conversations and the Russia collusion investigation. And there was no other proper investigative purpose to questioning Flynn. That is why the government sought to dismiss the charge against Flynn.

Whether, and when, the government will be able to do so, remains unclear. But we should know more later today on the schedule the D.C. Circuit sets for resolving Flynn’s petition for a writ of mandamus.


TOPICS: Crime/Corruption; Culture/Society; Editorial
KEYWORDS: barackobama; collusion; crossfirehurricane; fbi; flynn; jamescomey; margotcleveland; michaelflynn; russiacollusion; russiagate; russiancollusion; spygate; susanrice
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To: Kaslin; All

Thanks for posting. The deconstruction/destruction of a great republic continues apace. Read all about it.

NO justice, NO republic. From Hammurabi Code thru today, there has never been a justice system built to deal with this depth of wickedness.

Evil people always support each other; that is their chief strength. - Aleksandr Solzhenitsyn


21 posted on 05/20/2020 8:20:52 AM PDT by PGalt (Past Peak Civilization?)
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To: Bogey78O
" Comey told President Obama he was concerned about the level of communication with Kislyak."

This comment comes from a portion of the meeting for which Rice was not present,so testified Yates under oath. Rice implies she was present. I suspect dictation from Obie, laid down 2 weeks after the meeting.

22 posted on 05/20/2020 8:23:10 AM PDT by chiller (Davey Crockett said: "Be sure you're right. Then go ahead'. I'm going ahead.)
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To: Brilliant

Interesting observation.

Obama specially said that Trump’s meeting with Comey to discuss Flynn was unusual when literally the day before he met with Comey to discuss Flynn.

It totally proves that everything he states is designed to manipulate people.


23 posted on 05/20/2020 8:25:07 AM PDT by Bogey78O (So far so good.)
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To: chiller

It’s pretty clear the email was designed by Rice during the meeting and was not meant to be an accurate record of the meeting.


24 posted on 05/20/2020 8:27:28 AM PDT by Bogey78O (So far so good.)
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To: Bogey78O
The Trump transition team should have been aware they were being spied on. Anything linked to Russia would be used against them. Comey, DOJ, State department and all IG’s should have been fired on day 1. That delay cost them precious time.
25 posted on 05/20/2020 8:27:59 AM PDT by outpostinmass2
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To: Bogey78O
She waited until after the swearing in so it wouldn't be hidden behind the Presidential executive privilege. Was that a mistake or on purpose?
26 posted on 05/20/2020 8:29:40 AM PDT by outpostinmass2
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To: Bogey78O

Also interesting is the last paragraph of the email. The meeting was held on Jan 5 and he was supposed to leave office just two weeks later. So why did she wait two weeks to write the email? It was a CYA memo and she obviously thought they needed to cover their asses. There must have been a decision made during those last two weeks that prompted her to document her version of the meeting.


27 posted on 05/20/2020 8:49:38 AM PDT by Brilliant
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To: PGalt

The Republic was over on Usurpation Day.

Obama is not a natural born citizen and they ALL knew it.


28 posted on 05/20/2020 8:58:44 AM PDT by Lurkinanloomin (Natural Born Citizens Are Born Here of Citizen Parents_Know Islam, No Peace-No Islam, Know Peace)
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To: outpostinmass2
She waited until after the swearing in so it wouldn't be hidden behind the Presidential executive privilege. Was that a mistake or on purpose?

I read a twitter theory that she may have sent the email to the outbox and it stayed there until she checked email one last time...

29 posted on 05/20/2020 8:59:20 AM PDT by EVO X
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To: outpostinmass2
At some point, Admiral Rogers did inform President Trump that his communications were being intercepted, and that is when President Trump moved out of Trump towers. I'm not sure if this adequately addresses your post. But here is something else that is curious.

1. Grenell should by now have in his possession every instance where Flynn's communications were intercepted and/or recorded and transcribed and when his name was unmasked, and who ordered it.
2. I have read where it seems that there are instances where Flynn's name was NOT masked in intercepted/transcribed communications. Now if that is true, it is a clear violation of Executive Order 12333.
3. But suppose that the interception of Flynn's communications was outsourced to a foreign nation. If that happened, I hope Grenell raises hell with the agencies involved (if he hasn't already) and demands to know when these intercepts occurred, and who ordered it, and who shared it. And then, I hope he forwards that information to Congress also.

All that being said, it appears that Grenell is on top of this treachery and is shaking it like a pit bull with a garbage pail doll.

30 posted on 05/20/2020 9:06:31 AM PDT by Enterprise
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To: V_TWIN

A picture writes a thousands words, and in this case those words are like pissed off, angry etc.


31 posted on 05/20/2020 9:23:08 AM PDT by manc ( If they want so called marriage equality then they should support polygamy too.)
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To: EVO X

So that would mean it wasn’t meant to be seen by the Trump administration.


32 posted on 05/20/2020 9:41:45 AM PDT by outpostinmass2
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To: outpostinmass2

That is the thinking...


33 posted on 05/20/2020 9:58:02 AM PDT by EVO X
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To: manc

Don’t forget EVIL


34 posted on 05/20/2020 9:58:11 AM PDT by V_TWIN
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To: Lurkinanloomin; All

Lots of “tells”...and that was a big one. Thread BUMP!


35 posted on 05/20/2020 10:01:22 AM PDT by PGalt (Past Peak Civilization?)
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To: Kaslin

Right now we’re still in the press cycle of open up America and Democrats versus America and Democrats versus freedom

But we’re really starting to get the drip drip drip drip drip of the Russia Q clucks revelations

Remember that President Trump has the worlds best attorneys and has been in charge now for three years and you can pretty much bet he’s had all these communications and is viewed all these communications and has had them all for those three years

He also knows that he doesn’t want to step on this beautiful narrative they will continue through the month of May and into June of Democrats trying to step on people’s freedom and Republicans trying to get everybody back to work and get America back to work that is a incredible narrative that we want to go on for as long as possible

That being said we will transition in the summer as predicted here three years ago to the trials of all of the illegal and criminal conspirators who try to take down this president through all of their illegal means


36 posted on 05/20/2020 10:03:55 AM PDT by Truthoverpower (The guv mint you get is the Trump winning express !)
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To: Kaslin

IC system misuse, funded by taxpayers, Watergate x1000


37 posted on 05/20/2020 10:24:37 AM PDT by ReaganGeneration2
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To: V_TWIN

The “judge” is Black.....of course he’s getting his ordrs from Obama....OR he is being BLACKMAILED.....OR he is in DEMENTIA.


38 posted on 05/20/2020 3:53:26 PM PDT by Ann Archy (Abortion....... The HUMAN Sacrifice to the god of Convenience.)
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To: V_TWIN

Double minority..... CORRUPT BLACK DEMOCRAT?? Oh yeah....one of those is a MAJORITY in Democrats land.


39 posted on 05/20/2020 3:54:42 PM PDT by Ann Archy (Abortion....... The HUMAN Sacrifice to the god of Convenience.)
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To: Ann Archy

The 1st one


40 posted on 05/20/2020 4:14:22 PM PDT by V_TWIN
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