Flynn document is missing in Mueller file, could rile the judge at the time of sentencing

closevideo what set Michael Flynn earn?

The former National Security Council Chief of Staff, Fred Fleitz weighs in on the circumstances, the impact on Michael Flynn’s conviction.

The obvious omission of a document from Special Counsel Robert Müller is the last filing in the case of Michael Flynn could be turbulence, on Tuesday scheduled sentencing for the former national security adviser.

U.S. district judge Emmet G. Sullivan had the special counsel is ordered to turn the edge over all the documents of the government and “memo” in connection with the interrogation of Flynn, after his lawyers claimed the FBI had discouraged him from bringing a lawyer to his fate Jan. 24, 2017-interview with agents in the White house. He confessed, finally, guilty of false information about his contacts with the Russian Ambassador, in connection with this meeting.

Müller met with Sullivan on Friday afternoon is the time period and documents provided, some of which have been heavily edited.

Apart from a new memo from Muller ‘ s team to say the defense of the FBI’s handling of the interview — and nothing was done about the way “caused the defendant’s false statements to the FBI” — the submission included a January 2017 memo to Flynn from then-FBI assistant Director Andrew McCabe, and “302” (a document memorializing the interviews) over a 19. July 2017 interview with the former FBI agent Peter Strzok. Strzok, one of the two agents who interviewed Flynn, described the meeting in a document filed Aug. 22 of the year.

Judge Emmet Sullivan has overwhelmed a good reputation for the punishment Department of Justice, during the case against then-Alaska Republican Sen. Ted Stevens.

But not when submitting an original interview-302 from the time of the January 2017 Flynn.

It is unclear whether the document is present. However, the Strzok interview file appeared, always refer back to the 302-posted to the Flynn-interview. “Strzok led the interview, and [REDACTED] was primarily responsible for taking notes and writing the FD-302,” a section said. Another said that in the interview, Flynn gave no sign of deception, and once hedged,” that you documented in the 302.”

James Trusty, a former senior justice Department official who works as a criminal defense lawyer in Ifrah Law, predicted that Sullivan would notice that the 302 submitted Friday is dated seven months after the Flynn-interview took place.

“Judge Sullivan is a well-established history of identifying problems and head has said,” Trusty. “So a seven-months-old FBI 302 is absolutely a red flag for the judge, and I can’t imagine there is no questions about it tomorrow to be, whether it notes, or a contemporaneous report in the FBI’s possession.”

Speculation about Sullivan’s thinking, in the Flynn case, it is widely used in the light, he threw in 2008, the conviction of the late Sen. Ted Stevens, according to the government’s misconduct came to light. Sullivan technically, the authority has to throw to, Flynn’s confession and the charges against him, if he closes the FBI disrupted Flynn constitutional assistance with a legal claim to a right, if he’s going to do no signs that he intends to do this.


Strzok has been removed from Russia a probe by the end of July 2017 — just a few days after he was, apparently, the interview that formed the basis for the 302 in Miller’s storage — for its apparent anti-Trump bias. No audio recording or other documentation of Flynn ‘ s were produced comments to the FBI.

“If a private party had not produced a document like this for a Federal judge, he would be held in contempt,” former U.S. attorney Joseph diGenova told Fox News on Monday. “The failure to turn over the most important document in the Flynn case shows an effort to cover up, unethical, unprofessional and illegal conduct by the office of special counsel.”

DiGenova, the set unofficially in knowledge, has said President Trump all of Mueller’s investigation, Fox News, that the absence of the original was a 302 “is an insult to the court.”

“I have no idea what Sullivan said is to do, but I do believe in him as a fine jurist, is the right thing to do,” diGenova.

But in spite of the references in the submission to a 302, it is unclear what other documents may exist.

“It was the kind of conversation you said don’t feel the need to create a 302 for, when you at the time, not the feeling, it was an investigative interview,” Chris Swecker, the former head of the FBI’s Criminal Division under then-FBI Director Mueller. He also speculated that, if the document exists, it was not released because it could be “classified.”

He added, however, that “it is as you would expect to see the FBI doing business,” calls the lack of the original document “a very unusual situation.”

Flynn’s January 2017 interview took place before Müller was appointed special counsel—which did not occur until may 17, 2017, after a week, then-FBI Director James Comey was fired.


Last week, Comey was asked how the FBI agent ended up in the White house to interview Flynn in the first place. Comey’s answer, delivered fed new details about the circumstances, that the criticism of the bureau’ behavior s:

“I sent them,” Comey said in a panel discussion with MSNBC’s Nicolle Wallace, and added that it was “something I probably would have done or maybe get away with more… … to organise the administration.”

The interview was directly with Flynn, he explained, this was to recognise the usual procedure.

“If the FBI wanted the agent in the White house, a meeting with a high official, they would by the White House counsel, and there would be discussions and approvals, who would be there,” Comey said, describing how things normally would work.

About his decision to bypass these steps, he said: “I thought: It’s early enough, let’s just send a few guys over.”

Flynn is planned, a U.S. Federal court on Tuesday in his sentencing, which has been delayed four times.

Fox News’ Alex Pappas and Gregg Re contributed to this report.

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