Is the Flynn guilty plea going to be thrown out?

American Thinker ^ | 12/16/2018 | Thomas Lifson

[SeekAndFind]

It is always a bad idea to defy an order from a federal judge – especially when the judge whose order has been blown off has a history of vigilance against law enforcement and prosecutorial abuse and has thrown out convictions that resulted from abuse.  Yet the nation's premier, most powerful law enforcement agency has just done so.

The Mueller Special Counsel Office's case against General Michael Flynn took a bizarre turn Friday when the FBI failed to provide Judge Emmet G. Sullivan with the original form 302 account of its interview with Flynn in the early days of the Trump administration.  General Flynn's guilty plea was based on yielding to the FBI's contention that he lied to them about his (perfectly legal) conversation with Russia's Ambassador Kislyak, concealing their discussion of sanctions.  At the point of his guilty plea, General Flynn had been bankrupted by legal fees, and his son was threatened with criminal prosecution.

Judge Emmet G. Sullivan (official photo).

But in defiance of Judge Sullivan's order, the FBI did not turn over that Form 302 and instead offered a Form 302 of its interview with Peter Strzok, six months later, referencing the original interview with Flynn that was conducted by Strzok and FBI agent Joe Pientka.

Sean Davis of The Federalist has provided a Twitter thread that covers the key points and includes excerpts from the documents:

Earlier this week, Judge Emmet G. Sullivan ordered DOJ to produce the FBI 302 of the FBI interview of Flynn. Those documents were just filed. There is no 302 of the interview. Instead, there's a 302 of an interview of *Strzok* talking about the interview 6 months later. pic.twitter.com/MCELRDlbtiDecember 14, 2018

[eyeamok]

But in defiance of Judge Sullivan’s order, the FBI did not turn over that Form 302

And Mueller should be remanded for Contempt and sentenced for 30 days for this blatant FU to the Judge.

[Brilliant]

Not unless he asks the judge to throw it out and he won’t. Because if it is thrown out then he will face prosecution for real crimes that have nothing to do with Trump and so will his son.

[Jeff Chandler]

I’m sure this will be all sorted out in a few years.

[yarddog]

I was in traffic court in Virginia Beach around 1984. An old retired judge had been brought in to relieve some of the backlog.

He was absolutely dispensing justice which is unusual in traffic court.

I recall he found a couple of people innocent after they pled guilty. He would always ask a few questions of the defendant.

Also notice that those with lawyers fared no better than those without.

[SeekAndFind]

Incomplete(?) Files Released by Mueller Confirm FBI Agents Did Not Think Flynn Lied

[Mouton]

Must have been a real dilemma over at muleass’s office, do we make up notes and 302s or do we just file something and hope for the best. Unless Flynn makes a motion to have his agreement voided, I suspect they already know the answer, the judge will tell them to not do it again, case closed...no jail time. I think it is easy seeing this will be the end game because Flynn's own attorney told a former FBI agent to not file a friend of the court letter about the character of Flynn and the extreme lack of scruples by Muleass and his team along with McCabe.

[Mr.Unique]

...especially when the judge whose order has been blown off has a history of vigilance against law enforcement and prosecutorial abuse...

I wonder if the behavior of law enforcement's behavior toward Pres. Trump will change the minds of FR's "Law and Order" contingent.

If they will do this to the POTUS, what will they do you you or your neighbors?

[norwaypinesavage]

Mueller has obviously made the decision that the original 302s are so damaging to his investigation that it is better to defy the judge’s order than it is to turn over the documents. This says to me that the original documents are very, very damaging to the entire Mueller investigation.

[tennmountainman]

Exactly.

[gunnyg]

GyG: PARDON GEN FLYNN AND APPOINT HIM WH COS!
****************************************************

[Vaduz]

FBI failed to provide Judge Emmet G. Sullivan with the original form 302 account.
Proof that Mueller has a lot to hide his cell time should be very soon.

[DrDude]

This is the same misconduct that goes on every day in many local jurisdictions. Difference being “nobody is looking”. In this case the cat has been let out of the bag. Meuller hired Strzok to his Special Counsel Team. Also Lisa Page. A few weeks later they were interviewed by Weissman and Mueller whose names are redacted from the report. Why would this date be important? What else centers around this timeline? Meuller has delayed the Sentencing for almost a year. meuller’s actions should have a bearing on the Manafort Case. Same unmasking. Same taping of political opposition. When will someone get this rolling. judge Sullivan may just delay all this until March of 2019. DS runs the show. Clintons are the Overlords until someone charges them.

[Trump_the_Evil_Left]

YUP. Why is Mueller (Rosenweasel) so determined to defy the judge over that original 302? Seems that it must be a disaster for the whole special counsel operation.

All the more reason Judge Sullivan had better not go wobbly on this. Nail the SOBs.

[kiryandil]

Did Mueller's office look under the desk or behind the computer for the FD-302?

It might have fallen in one of those places.     

[Yo-Yo]

More importantly to me, the judge ordered the Special Counsel to turn over earlier 302s and all other notes and emails regarding Flynn’s interrogation, and Mueller refused

Will the Special. Counsel be found in comtempt by the judge?

[RideForever]

Terminating sanctions for prosecutorial misconduct is what Mueller is now facing.

[for-q-clinton]

You’re probably right, but the Judge can dismiss the plea bargain. And then what happens? Will Mueller really try the case? Will he then go and charge his son and prove Trump’s allies correct that this is a witch hunt?

[SaxxonWoods]

If Flynn’s guilty plea is thrown out, that would be the first concrete positive news I can think of relating to this Special Counsel investigation.

My memory isn’t so good these days, so I may be over-negative about this.

[for-q-clinton]

I’d like to see the judge charge him with contempt. Put him in jail until the documents are surrendered. If they say the documents don’t exist dismiss the case with prejudice so they can’t bring Flynn up on this charge again.