As an attorney, I believe that nothing in Exhibit A would allow Judge Sullivan to sustain a criminal conviction of Flynn under 18 U.S.C. § 1001 for lying to the FBI coup-plotters. We don’t know what is blacked out, but the context around those redactions leave it improbable that any lie by Flynn is recorded in those interview notes.
Exhibit B is a formal FBI Form FD-302 from August 22, 2017, of an interview with Peter Strzok This is not a Form 302 of an interview with Michael Flynn. This is an interview taken of Peter Strzok. The August 22, 2017, FD-302 starts out “(U/FOUO) FBI Deputy Assistant Director (DAD) Peter P. Strzok was interviewed in his office in the Special Counsel’s office in Washington D.C.”
Inside of Exhibit B, the August 22, 2017, Form 302 states that Peter Strzok wrote a different Form 302 earlier about the January 24, 2017, interview with Flynn.
I'd throw out all FIB cases based on their 302s ilo actual transcripts of taped interviews.
It's an ethical nightmare to continue this nonobjective internal reporting.
I'd suggest that these daze the FIB are operating in a totally UnConstitutional manner.
Muller’s self serving addition to the memorandum really pissed me off. Condescending SOB.
Also please watch this video: “Never talk to the PoPos, and Why.”
https://www.youtube.com/watch?v=d-7o9xYp7eE
It’s pretty compelling.
We need to get rid of the idea of 302’s as standalone evidence. If it’s not recorded, then it should be treated as hearsay.
Just watched the discussion on this on Laura Ingraham with Dershowitz and Greg Jarrett. It was real good.
He used fraudulent documents to get a FISA court subpoena.
He never went back and notified the court it was fraudulent.
If he couldn’t figure that out, just how qualified, and just how moral a man is he?
This guy is corrupt.
He couldn’t get trump, so he’s going to take everyone down he can with process violations.
Only one of these crimes took place before his investigation. ONE!
Every other crime was a process crime, after they got entangled with him. And he can’t prove they did anything else wrong.
The man is a nightmare of an investigator. He’s just a corrupt individual.
Good article.
Really hope the judges dismisses the case. What a Christmas present that would be. Especially to the Flynns.
And a real kick in the nuts to Mueller.
Just listening to the Tucker rerun on this.
If Flynn’s lie was not remembering everything, then Comey just lied to Congress over 200 times by not remembering during his testimony.
Just listening to the Tucker rerun on this.
If Flynn’s lie was not remembering everything, then Comey just lied to Congress over 200 times by not remembering during his testimony.
I assume you meant to say :
The missing earlier Form 302 (sans the prefix FD-) would be enough for Judge Sullivan to throw out Mueller’s case against Flynn entirely,.
I assume that, because you identify exhibit B as being an FD-302 standard FBI form, and you stated that the 302 form was the one missing, in the first sentence of the paragraph that contains the sentence highlighted above. I really only mention it in case you missed it and want to correct it.
Great article though, and I enjoyed and agree with what you have written.
Sullivan has already had cause to throw this out. He did not do so.
I think he is posturing for optics, not unlike the House investigation RINOs.
I continue to default to the assumption that the DC fix is in until it actually is not.