Free Republic

The curious case against former National Security Adviser Michael Flynn gets even more curious as Robert Mueller doesn’t deliver the FBI notes (FD-302) from the January 2017 interview of Flynn, as requested by Judge Emmet Sullivan, and instead submits notes from an internal July 19th, 2017, interview with FBI agent Peter Strzok. The filing by the special counsel team (full pdf below) is a must read. The special counsel begins their filing by criticizing the approach taken by the Flynn defense in the defense sentencing memo; and attempts to validate/justify their charges against the accused. The details in their response...

More questions were raised than answered Friday in the Special Counsel Robert Mueller investigation. Most reporting has it wrong. Judge Emmett Sullivan had ordered Mueller to file FBI interview notes in the prosecution of Michael Flynn. Sullivan is scheduled to decide on a sentence for Flynn’s guilty plea on December 18 in the U.S. District Court for the District of Columbia. Mueller’s office filed a “Government’s Reply To Defendant’s Memorandum In Aid Of Sentencing” on December 14, 2018. That covering transmittal is pure rhetoric. As a criminal defense attorney, let me explain that those statements by Mueller attorneys Brandon Van...

Special Counsel Robert Mueller’s team on Friday released key documents relating to the FBI’s questioning of former national security adviser Michael Flynn, confirming agents did not believe at the time Flynn intentionally lied to them -- though he was later charged with making false statements in that interview.

Special counsel Robert Mueller on Friday rebuked former National Security Adviser Michael Flynn for suggesting that FBI agents had duped him into lying about his contacts with the Russian ambassador. “Nothing about the way the interview was arranged or conducted caused the defendant to make false statements to the FBI on January 24,” Mueller wrote in a filing Friday afternoon, asking a federal judge to reject Flynn’s attempt to “minimize the seriousness of those false statements to the FBI.” “The defendant chose to make false statements about his communications with the Russian ambassador weeks before the FBI interview, when he...

A court filing shows the ugly tactics employed by James Comey’s FBI. Of Special Counsel Robert Mueller’s many targets, the most tragic may be former National Security Adviser Michael Flynn. The former three-star general pleaded guilty last year to a single count of lying to the FBI about conversations he had with Russia’s ambassador to the U.S. Now we learn from Mr. Flynn’s court filing to the sentencing judge that senior bureau officials acted in a way to set him up for the fall. Not a rich man after decades in uniform, Mr. Flynn pleaded guilty to avoid bankruptcy and...

Michael Flynn spoke with Russian Ambassador Kislyak on December 29, 2016. You will remember that the conversation Michael Flynn had with Kislyak was leaked to WaPo last January 12 : According to a senior U.S. government official, Flynn phoned Russian Ambassador Sergey Kislyak several times on Dec. 29, the day the Obama administration announced the expulsion of 35 Russian officials as well as other measures in retaliation for the hacking. What did Flynn say, and did it undercut the U.S. sanctions? The Logan Act (though never enforced) bars U.S. citizens from correspondence intending to influence a foreign government about “disputes” with the United States. Was...

I have been wondering why, shortly after Judge Rudolph Contreras was (without explanation) recused from hearing the Michael Flynn case and Judge Emmet G. Sullivan took over, Special Counsel Robert Mueller agreed to postpone the sentencing until May, after the inspector general's report is due. I have no assurances that my suppositions are correct, but I'm beginning to think that at the next hearing of this case, Judge Sullivan will hear Mueller dismiss the case. Here's how I come to that. The only reason I can imagine why Judge Contreras was recused – note: did not recuse himself – is...