... the Government has concluded that the interview of Mr. Flynn was untethered to, and unjustified by, the FBI's counterintelligence investigation into Mr. Flynn--a no longer justifiably predicated investigation that the FBI had, in the Bureau's own words, prepared to close because it had yielded an "absence of any derogatory information." Ex. 1 at 4, FBI FD-1057 "Closing Communication" Jan. 4, 2017 (emphases added). The Government is not persuaded that the January 24, 2017 interview was conducted with a legitimate investigative basis and therefore does not believe Mr. Flynn's statements were material even if untrue. ...... there was no question at the FBI as to the content of the calls; the FBI had in its possession word-for-word transcripts of the actual communications between Mr. Flynn and Mr. Kislyak. See Ex. 5 at 3; Ex. 13. at 3. With no dispute as to what was in fact said, there was no factual basis for the predication of a new counterintelligence investigation.
There was no crime. Even if Flynn's plea is taken as "I lied to the FBI," there is no crime.
Gets into the weeds, but Sullivan is aware of the materiality requirement, and he never made a finding that the lie was material.
Couldn’t there be some type of charges against Sullivan and his actions?