The Flynn Entrapment A court filing shows the ugly tactics employed by James Comey’s FBI. By The Editorial Board Dec. 12, 2018 6:55 p.m. ET Of Special Counsel Robert Mueller’s many targets, the most tragic may be former National Security Adviser Michael Flynn. The former three-star general pleaded guilty last year to a single count of lying to the FBI about conversations he had with Russia’s ambassador to the U.S. Now we learn from Mr. Flynn’s court filing to the sentencing judge that senior bureau officials acted in a way to set him up for the fall. Not a rich man after decades in uniform, Mr. Flynn pleaded guilty to avoid bankruptcy and spare his son from becoming a legal target. Mr. Flynn’s filing doesn’t take issue with the description of his offense. But the “additional facts” the Flynn defense team flags for the court raise doubts about FBI conduct. The Flynn filing describes government documents concerning the Jan. 24, 2017 meeting with two FBI agents when Mr. Flynn supposedly lied. It turns out the meeting was set up by then Deputy FBI Director Andrew McCabe, who personally called Mr. Flynn that day on other business—to discuss an FBI training session. By Mr. McCabe’s account, on that call he told Mr. Flynn he “felt that we needed to have two of our agents sit down” with him to talk about his Russia communications. Mr. McCabe then urged Mr. Flynn to meet without a lawyer present. “I explained that I thought the quickest way to get this done was to have a conversation between [Mr. Flynn] and the agents only. I further stated that if LTG Flynn wished to include anyone else in the meeting, like the White House Counsel for instance, that I would need to involve the Department of Justice. [Mr. Flynn] stated that this would not be necessary and agreed to meet with the agents without any additional participants,” wrote Mr. McCabe in a memo viewed by the Flynn defense team. According to the FBI summary of the interview—known as a 302—Mr. McCabe and FBI officials “decided the agents would not warn Flynn that it was a crime to lie during an FBI interview because they wanted Flynn to be relaxed and they were concerned that giving the warnings might adversely affect the rapport.” We also know from then FBI Director James Comey that this was his idea. This is “something I probably wouldn’t have done or wouldn’t have gotten away with in a more organized administration,” Mr. Comey boasted on MSNBC this weekend. “In the George W. Bush Administration or the Obama Administration, if the FBI wanted to send agents into the White House itself to interview a senior official, you would work through the White House counsel, there would be discussions and approvals and who would be there. And I thought, it’s early enough let’s just send a couple guys over.” If the goal was to set a legal trap, it worked. The two agents showed up at the White House within hours of Mr. McCabe’s call, and they reported in the 302 that General Flynn had been “relaxed and jocular” and “clearly saw the FBI agents as allies.” One of the agents was Peter Strzok, who is famous for his anti-Trump texts to his FBI paramour. The FBI agents had seen transcripts of Mr. Flynn’s conversations with the Russian ambassador that were “unmasked” by Obama Administration officials. The 302 says that rather than flag this and ask Mr. Flynn for an explanation, the FBI agents decided before the meeting that if “Flynn said he did not remember something they knew he said, they would use the exact words Flynn used, . . . to try to refresh his recollection. If Flynn still would not confirm what he said, . . . they would not confront him or talk him through it.” Keep in mind the FBI’s counterintelligence probe into Russia and the Trump campaign was still secret. Mr. Flynn had done nothing wrong in conversing with the Russian ambassador—it was part of his job—and he had no reason to believe he was in legal jeopardy. He initially claimed he misremembered what was discussed, which is more believable than that a highly decorated officer would lie to FBI officers he agreed to see without counsel. Mr. Flynn’s lawyers are requesting probation and community service, though the facts suggest the judge should question the entire plea deal. Messrs. McCabe and Strzok have both been fired for misconduct, and their behavior reeks of entrapment. If he does nothing else, President Trump has an obligation to former aides like Michael Flynn and to the public to declassify and disclose the FBI documents related to the FBI’s Russia probe. https://www.wsj.com/articles/the-flynn-entrapment-11544658915
I find the whole episode somewhat confusing. Flynn was not some naive intern. He had worked for Obama and gotten fired because other officials in the intell community hated him. Yet he blundered into a perjury trap because he trusted the FBI? Maybe he wasn't the absolute best choice for National Security advisor.
ugh...disgusting Nevertrumper Antitrumper biased scum in the compromised Law Enforcement Agencies of the good ol USA.... sickening behavior... Don't these flatfootfuckers have anything better to do than to setup perjury traps for 3 star generals at the beginning of their tenures? And who are the lawyers protecting guys like Flynn? Where the fuck are they BEFORE, and AFTER this shit? Really unbelievable...
The judge will set aside Flynn's plea agreement sometime in the next couple weeks. The witch-hunters will then have to decide whether they think they can win at a fair trial. Hint, they can't. The other thing- as I said the other day- is that government offered him a plea- not to let him off easy for his service and all of that. They did it because if the go to trial, then Flynn has the right to discovery and will dig deep, very deep, as to who leaked info on him and why, and who created the dossier and how was it used, and on and on. The doj has given congress the finger whenever they have requested this stuff, but if you do that in a trial and deny the defendant exculpatory info and the right to examine, then the judge will just dismiss the case and call it a day. So, I am adding MORE TO COME to the previous MORE TO COME, which we have already seen. Mueller is not in a good position if they go to trial and you will see some serious, serious crabwalking sideways. Seriously, the government is fucked here. The judge is not still requesting even more documents at this extremely, extremely late stage of the game just because he likes to read. I could be completely wrong and I am sure that I will hear about it if I am. Then again, I could be right. Let the viewers decide.
I see piezoe just posted something, although he is on ignore so I dont know what. Most likely he is citing some case law from the Supreme Court of Saskatchewan, as usual. giggle. .
Checking Robert Mueller KIMBERLEY A. STRASSEL DECEMBER 13, 2018Robert Mueller has operated for 19 months as a law unto himself, reminding us of the awesome and destructive powers of special counsels. About the only possible check on Mr. Mueller is a judge who is wise to the tricks of prosecutors and investigators. Good news: That’s what we got this week. Former national security adviser Mike Flynn a year ago pleaded guilty to one count of lying to the Federal Bureau of Investigation about his conversations with Russia’s ambassador to the U.S. Mr. Flynn’s defense team this week filed a sentencing memo to Judge Emmet Sullivan that contained explosive new information about the Flynn-FBI meeting in January 2017. Judge Emmet Sullivan in Washington, May 1, 2008. It was arranged by then-Deputy FBI Director Andrew McCabe, who personally called Mr. Flynn on other business, then suggested he sit down with two agents to clear up the Russia question. Mr. McCabe urged Mr. Flynn to conduct the interview with no lawyer present—to make things easier. The agents (including the infamous Peter Strzok) showed up within two hours. They had already decided not to inform Mr. Flynn that they had transcripts of his conversations or give him the standard warning against lying to the FBI. They wanted him “relaxed” and “unguarded.” Former Director James Comey this weekend bragged on MSNBC that he would never have “gotten away” with such a move in a more “organized” administration. The whole thing stinks of entrapment, though the curious question was how the Flynn defense team got the details. The court filing refers to a McCabe memo written the day of the 2017 meeting, as well as an FBI summary—known as a 302—of the Flynn interview. These are among documents congressional Republicans have been fighting to obtain for more than a year, only to be stonewalled by the Justice Department. Now we know why the department didn’t want them public. They have come to light thanks to a man who knows well how men like Messrs. Mueller and Comey operate: Judge Sullivan. He sits on the U.S. District Court in the District of Columbia, and as he wrote for the Journal last year, he got a “wake-up call” in 2008 while overseeing the trial of then-Sen. Ted Stevens of Alaska. Judge Sullivan ultimately assigned a lawyer to investigate Justice Department misconduct. The investigator’s report found prosecutors had engaged in deliberate and repeated ethical violations, withholding key evidence from the defense. It also excoriated the FBI for failing to write up 302s and for omitting key facts from those it did write. The head of the FBI was Mr. Mueller. Judge Sullivan has since made it his practice to begin every case with a Brady order, which reminds prosecutors of their constitutional obligation to provide the defense with any exculpatory evidence. On Dec. 12, 2017, days after being assigned the Flynn case, Judge Sullivan issued such an order, instructing Mr. Mueller’s team to turn over “any evidence in its possession that is favorable to defendant and material either to defendant’s guilt or punishment.” Had any other judge drawn the case, we likely would never have seen these details of the FBI’s behavior. It’s clear that something has concerned the judge—who likely sees obvious parallels to the Stevens case. The media was predicting a quick ruling in the Flynn case. Instead, Judge Sullivan issued new orders Wednesday, demanding to see for himself the McCabe memo and the Flynn 302. He also ordered the special counsel to hand over by Friday any other documents relevant to the Flynn-FBI meeting. Given his history with the FBI, the judge may also have some questions about the curious date on the Flynn 302—Aug. 22, 2017, seven months after the interview. Texts from Mr. Strzok and testimony from Mr. Comey both suggest the 302 was written long before then. Was the 302 edited in the interim? If so, by whom, and at whose direction? FBI officials initially testified to Congress that the agents did not think Mr. Flynn had lied. Judges have the ability to reject plea deals and require a prosecutor to make a case at trial. The criminal-justice system isn’t only about holding defendants accountable; trials also provide oversight of investigators and their tactics. And judges are not obliged to follow prosecutors’ sentencing recommendations. No one knows how Judge Sullivan will rule. His reputation is for being no-nonsense, a straight shooter, an advocate of government transparency. Whatever the outcome, he has done the nation a favor by using his Brady order to hold prosecutors to some account and allow the country a glimpse at how federal law enforcement operates. Which is the very least the country can expect. Write to kim@wsj.com. " dir="ltr" style="color: rgb(68, 68, 67); font-family: "Adobe Garamond Pro", Georgia, "Times New Roman", Times, serif, -apple-system, BlinkMacSystemFont, "Segoe UI", "Droid Sans", "Helvetica Neue", "PingFang SC", "Hiragino Sans GB", "Droid Sans Fallback", "Microsoft YaHei", sans-serif, sans-serif; font-size: 22px; font-variant-ligatures: common-ligatures; background-color: rgb(255, 255, 255);"> Robert Mueller has operated for 19 months as a law unto himself, reminding us of the awesome and destructive powers of special counsels. About the only possible check on Mr. Mueller is a judge who is wise to the tricks of prosecutors and investigators. Good news: That’s what we got this week. Former national security adviser Mike Flynn a year ago pleaded guilty to one count of lying to the Federal Bureau of Investigation about his conversations with Russia’s ambassador to the U.S. Mr. Flynn’s defense team this week filed a sentencing memo to Judge Emmet Sullivan that contained explosive new information about the Flynn-FBI meeting in January 2017. Judge Emmet Sullivan in Washington, May 1, 2008. It was arranged by then-Deputy FBI Director Andrew McCabe, who personally called Mr. Flynn on other business, then suggested he sit down with two agents to clear up the Russia question. Mr. McCabe urged Mr. Flynn to conduct the interview with no lawyer present—to make things easier. The agents (including the infamous Peter Strzok) showed up within two hours. They had already decided not to inform Mr. Flynn that they had transcripts of his conversations or give him the standard warning against lying to the FBI. They wanted him “relaxed” and “unguarded.” Former Director James Comey this weekend bragged on MSNBC that he would never have “gotten away” with such a move in a more “organized” administration. The whole thing stinks of entrapment, though the curious question was how the Flynn defense team got the details. The court filing refers to a McCabe memo written the day of the 2017 meeting, as well as an FBI summary—known as a 302—of the Flynn interview. These are among documents congressional Republicans have been fighting to obtain for more than a year, only to be stonewalled by the Justice Department. Now we know why the department didn’t want them public. They have come to light thanks to a man who knows well how men like Messrs. Mueller and Comey operate: Judge Sullivan. He sits on the U.S. District Court in the District of Columbia, and as he wrote for the Journal last year, he got a “wake-up call” in 2008 while overseeing the trial of then-Sen. Ted Stevens of Alaska. Judge Sullivan ultimately assigned a lawyer to investigate Justice Department misconduct. The investigator’s report found prosecutors had engaged in deliberate and repeated ethical violations, withholding key evidence from the defense. It also excoriated the FBI for failing to write up 302s and for omitting key facts from those it did write. The head of the FBI was Mr. Mueller. Judge Sullivan has since made it his practice to begin every case with a Brady order, which reminds prosecutors of their constitutional obligation to provide the defense with any exculpatory evidence. On Dec. 12, 2017, days after being assigned the Flynn case, Judge Sullivan issued such an order, instructing Mr. Mueller’s team to turn over “any evidence in its possession that is favorable to defendant and material either to defendant’s guilt or punishment.” Had any other judge drawn the case, we likely would never have seen these details of the FBI’s behavior. It’s clear that something has concerned the judge—who likely sees obvious parallels to the Stevens case. The media was predicting a quick ruling in the Flynn case. Instead, Judge Sullivan issued new orders Wednesday, demanding to see for himself the McCabe memo and the Flynn 302. He also ordered the special counsel to hand over by Friday any other documents relevant to the Flynn-FBI meeting. Given his history with the FBI, the judge may also have some questions about the curious date on the Flynn 302—Aug. 22, 2017, seven months after the interview. Texts from Mr. Strzok and testimony from Mr. Comey both suggest the 302 was written long before then. Was the 302 edited in the interim? If so, by whom, and at whose direction? FBI officials initially testified to Congress that the agents did not think Mr. Flynn had lied. Judges have the ability to reject plea deals and require a prosecutor to make a case at trial. The criminal-justice system isn’t only about holding defendants accountable; trials also provide oversight of investigators and their tactics. And judges are not obliged to follow prosecutors’ sentencing recommendations. No one knows how Judge Sullivan will rule. His reputation is for being no-nonsense, a straight shooter, an advocate of government transparency. Whatever the outcome, he has done the nation a favor by using his Brady order to hold prosecutors to some account and allow the country a glimpse at how federal law enforcement operates. Which is the very least the country can expect. https://outline.com/GL9ZLM