One day after former National Security Adviser Michael Flynn’s legal team made the bombshell revelation that the FBI had deliberately tricked him into not having a lawyer present during an interview conducted four days after President Trump took office, the federal judge overseeing the case has ordered Robert Mueller to deliver all the related documents and memorandum concerning the incident.
“The judge’s brief order states that Mueller can choose to file the materials under seal if necessary.”
Basically, the FBI, under direction of Andrew McCabe, specifically tricked Flynn into thinking the interview wasn’t as serious as it was.
“The judge could determine why the FBI apparently took a significantly more aggressive tack in handling the Flynn interview than it did during other similar matters, including the agency’s sit-downs with Hillary Clinton and ex-Trump adviser George Papadopoulos.”
Although Flynn is set to be sentenced next Tuesday, the new order could halt that, or even overturn the guilty plea if the judge finds illegal activity, such as the FBI interfered with Flynn’s constitutional right to counsel.
“Federal authorities undertaking a national security probe are ordinarily under no obligation to inform interviewees of their right to an attorney unless they are in custody, as long as agents do not act coercively.”
There are two very shady things involved in the case.
One: the agent who created one of the 302 was Peter Strzok, the disgraced Trump-hater who spoke of an ‘insurance policy’ to make sure Donald Trump was never president.
Two: The 302’s in question weren’t even created until August… some seven months after the interview.
The August date on the FBI 302 was written “about a week after reports surfaced that Strzok had been summarily removed from Mueller’s Russia probe because his persistent anti-Trump communications had surfaced.”
In June, Freedom Caucus Chair Rep. Mark Meadows, R-N.C, charged that the FBI may have “edited and changed” key witness reports in the Hillary Clinton and Russia investigations.
In a lengthy court filing Tuesday, “Flynn’s attorneys alleged that then-FBI Deputy Director Andrew McCabe pushed Flynn not to have an attorney present during the questioning that ultimately led to his guilty plea on a single charge of lying to federal authorities.”
Fox News reported, “While Flynn is among several Trump associates to have been charged with making false statements as part of the Russia probe, no one interviewed during the FBI’s Clinton email investigation was hit with false statement charges – though investigators believed some witnesses, including Clinton herself, were untruthful.”
Many people wonder about the obvious double standard.
McCabe, “who was fired earlier this year for making unauthorized media leaks and violating FBI policy, wrote in a memorandum that shortly after noon on Jan. 24, 2017, he called Flynn on his secure line at the White House, and the two briefly discussed an unrelated FBI training session at the White House.”
McCabe reportedly testified later that the agents, after speaking with Flynn, “didn’t think he was lying” at the time.
In his order, Sullivan told Mueller turn over the Flynn 302 and a “memo written by McCabe and any similar documents in the FBI’s possession.”
“I explained that I thought the quickest way to get this done was to have a conversation between [Flynn] and the agents only,” McCabe wrote, according to the Flynn filing. “I further stated that if LTG Flynn wished to include anyone else in the meeting, like the White House Counsel for instance, that I would need to involve the Department of Justice. [General Flynn] stated that this would not be necessary and agreed to meet with the agents without any additional participants.”
“Explaining why Flynn was not warned about the possible consequences of making false statements, one of the agents wrote in the 302 cited by Flynn’s lawyers that FBI brass had ‘decided the agents would not warn Flynn that it was a crime to lie during an FBI interview because they wanted Flynn to be relaxed, and they were concerned that giving the warnings might adversely affect the rapport.’
“A scathing report released earlier this year by the Department of Justice’s inspector general (IG) found that the FBI had taken actions ‘inconsistent with typical investigative strategy’ by allowing former Clinton chief of staff Cheryl Mills and ex-campaign staffer Heather Samuelson to sit in on the Clinton interview — even though ‘they had also both served as lawyers for Clinton after they left the State Department.’”
The IG wrote, FBI officials fretted about how many FBI representatives should be at the interview, out of fear of Hillary Clinton.
“[S]he might be our next president,” FBI attorney Lisa Page wrote, in urging that the number of people at the interview be limited to four or six. “The last thing you need us going in there loaded for bear. You think she’s going to remember or care that it was more doj than fbi?”
The IG report further noted: “Witnesses told us, and contemporaneous emails show, that the FBI and Department officials who attended Clinton’s interview found that her claim that she did not understand the significance of the ‘(C)’ marking strained credulity. (FBI) Agent 1 stated, ‘I filed that in the bucket of hard to impossible to believe.’”
“In particular, we were concerned about text messages exchanged by FBI Deputy Assistant Director Peter Strzok and Lisa Page, Special Counsel to the Deputy Director, that potentially indicated or created the appearance that investigative decisions were impacted by bias or improper considerations,” the IG report said.
In one of those texts, Strzok wrote to Page in 2016 that Trump would not become president because “we’ll stop” it from happening.
“Even when circumstances later came to light that prompted extensive public debate about the investigation of General Flynn, including revelations that certain FBI officials involved in the January 24 interview of General Flynn were themselves being investigated for misconduct, General Flynn did not back away from accepting responsibility for his actions,” Flynn’s lawyers wrote in the filing Tuesday.