(National Sentinel) Non-compliant: Special counsel Robert Mueller may be in for some judicial ire Tuesday morning when he arrives at U.S. District Judge Emmett Sullivan’s courtroom for former National Security Adviser Michael Flynn’s sentencing.
That’s because he has yet to provide Sullivan with a key document that the court demanded last week: The initial FBI 302 summary of agents’ who interviewed Flynn in January 2017 just days after POTUS Donald Trump was inaugurated, Fox News reported.
The network noted:
U.S. District Judge Emmet G. Sullivan had ordered the special counsel to turn over all government documents and “memoranda” related to the questioning of Flynn, after his attorneys claimed the FBI had discouraged him from bringing a lawyer to his fateful Jan. 24, 2017 interview with agents at the White House. He eventually pleaded guilty to making false statements about his contacts with Russia’s ambassador, in connection with that meeting.
Mueller’s team met Sullivan’s Friday deadline, but the only 302 included in the filing, aside from a new memo from the special counsel’s team defending the bureau’s handling of the interview — and saying nothing about the way it was conducted “caused the defendant to make false statements to the FBI” — was from a July 19, 2017 interview with then-FBI agent Peter Strzok.
It’s not clear that a 302 from the January 2017 interview with Flynn exists, but Sullivan must suspect that it does — or he would not have requested it.
What’s more, the Strzok interview file appears to reference it.
“Strzok conducted the interview and [REDACTED] was primarily responsible for taking notes and writing the FD-302,” one section said. Another noted that throughout the interview, the former three-star Army general and director of the DIA did not give agents any indication of deception and only hedged once, “which they documented in the 302.”
James Trusty, a former senior Justice Department official who now works as a criminal defense attorney at Ifrah Law, told Fox News he believes that Judge Sullivan will notice that the 302 submitted last week by the Mueller team is dated seven months after the Flynn interview took place.
“Judge Sullivan has a well-established history of taking on discovery issues head-on,” Trusty told the network. “So providing a seven-month-old FBI 302 is absolutely going to be a red flag for the judge, and I can’t imagine there are not going to be questions tomorrow about whether there are contemporaneous notes, or a contemporaneous report, that is in the FBI’s possession.”
Judicial Watch president Tom Fitton tweeted shortly after Sullivan demanded that Mueller’s team produce all evidence related to the FBI’s interview of Flynn: “Big: Judge Sullivan, who is overseeing General Flynn’s case, demands to see the infamous FBI 302 and other FBI doc about the ambush Flynn interview set up by Yates, McCabe, and Strzok.”
Big: Judge Sullivan, who is overseeing General Flynn's case, demands to see the infamous FBI 302 and other FBI doc about the ambush Flynn interview set up by Yates, McCabe, and Strzok. https://t.co/Gya5gtEfJR
— Tom Fitton (@TomFitton) December 12, 2018
Sullivan has a long history of challenging the Justice Department over credibility issues. He was the judge in the case of former Sen. Ted Stevens, R-Alaska, who was railroaded by the Bush Justice Department on a completely fabricated case that was eventually thrown out — though no federal prosecutors who worked on it were ever held accountable.
And by the way, who oversaw the bogus case against Stevens? Robert Mueller.
Sullivan threw out Stevens’ conviction after government misconduct was exposed. And now some believe he will throw out Flynn’s conviction as well over what increasingly appears to be very obvious prosecutorial malfeasance in this case as well.
“I would not be surprised a bit that the conviction of Flynn is overturned because of the Justice Department and the FBI’s misconduct, and that, in fact, we go potentially all the way to Supreme Court with new protections when the FBI and the Department of Justice lies to somebody and tricks them into making statements, and then charges them with a lie that they entrapped them in,” Rep. Darrell Issa, R-Calif., told Fox News.
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