The FBI Reports on Michael Flynn

Hat tip The Federalist


I am cross posting an article by Margot Cleveland regarding this week's bombshell revelation that there may be more than one FBI report summarizing their interview of Michael Flynn. US Federal Judge Emmett Sullivan, who is presiding over the sentencing of Flynn  for supposedly lying to the FBI is demanding that the FBI produce any other reports (form 302s) regarding the Flynn interview. At question here is whether subsequent summary 302s were produced after agents initially reported that Flynn did not appear to be lying. Read the below report, and then I will attempt to explain why this is potentially huge.

https://thefederalist.com/2018/12/13/federal-judge-overseeing-michael-flynns-sentencing-just-dropped-major-bombshell/

As a retired DEA agent, I can state unequivocally what the procedure is when an initial investigative report (in DEA's case DEA form 6) is found to contain a factual error. That error must be corrected. You cannot go back and change the original report. It has been signed off on and distributed to all interested offices. It is an official document and must remain in the case file. The agent has the responsibility to write a new report, referencing the first and identifying the error or item to be corrected. Both reports become part of the official file and copies go to all interested parties. Both reports go to the prosecutor and both are made available to the defense attorneys at time of trial under the laws of discovery. Original notes must also be saved and made available under discovery.

The agent involved must also be prepared to explain the error/correction when he or she testifies. In other words, investigative reports cannot simply be changed or amended or original reports discarded and replaced by later reports.

It is hoped that all parties to these FBI 302s will be brought into Judge Sullivan's court and placed under oath to explain any discrepancies. I will await the court's findings, but this could be a serious transgression.