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Friday, December 14, 2018

The Flynn Interview: It Stunk

Robert Mueller's prosecution team turned over documents demanded by US Federal Judge Emmett Sullivan today in the Michael Flynn sentencing phase, and it does not put James Comey and the FBI in a good light. This latest comes on top of what was reported earlier this week.

https://www.foxnews.com/politics/mueller-releases-key-documents-of-fbi-interview-with-michael-flynn

Now we learn that FBI supervisor Andrew McCabe, in setting up the White House interview with Flynn, told him there was no need for a lawyer to be present. Add that to the fact that James Comey (on videotape) told MSNBC's Nicole Wallace that he decided to avoid going through the White House Counsel's Office because of the disorganized nature of the Trump White House.

Sorry, but that is no excuse. It was the first month of the new administration, so it's probably an unfair charge to make at that point, but much more importantly, if the FBI was targeting Flynn and already had negative information about him, it seems to me, they had an obligation to go through the White House Counsel Office. The more I learn about James Comey, the less respect I have for him.

"The documents include then-FBI Deputy Director Andrew McCabe’s notes after talking with Flynn to arrange his interview with the FBI. It also includes a so-called "302" report documenting what Flynn told anti-Trump agent Peter Strzok and one other agent during their conversation at the White House. That July 2017 report, though, specifically came from an interview with Strzok in which the Flynn encounter was discussed -- and not the original Flynn interview. It was unclear why no "302" report from the interview itself was included."

That is highly fishy. If Flynn was interviewed by agents in January 2017, the 302 should have been written within days at the most. What was the purpose of this July 302 about the interview?

And why is it only now that the court is learning these things? This strikes me as all being Brady material. That means that prosecutors have an obligation to turn over to the court and the defense any and all information that might be exculpatory or beneficial to the defendant.

We don't know all the facts yet; some of the information turned over has been redacted, but if I were Judge Sullivan, I would be thinking seriously of throwing out Flynn's guilty plea and the case altogether. This whole thing makes Comey and the FBI look bad, and it makes Robert Mueller look bad. If this turns out to be what I suspect it is, somebody needs to be indicted. And it isn't Michael Flynn.


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