1) My latest @EpochTimes New Flynn FBI 302 Document Appears to Reveal Interview With Agents—Not Flynn
theepochtimes.com/new-fbi-302-do…
theepochtimes.com/new-fbi-302-do…
2) The Michael Flynn memorandum in aid of sentencing was filed on Dec. 11, following the long-awaited Dec. 5 sentencing memorandum filed by special counsel Robert Mueller.
assets.documentcloud.org/documents/5526…
assets.documentcloud.org/documents/5526…
3) Perhaps getting the most attention is footnote 23, contained on page 9 of the document:
“23 FD-302 dated Aug. 22, 2017, at 3.”
FD-302 refers to a type of FBI form that is a written summation of an interview.
“23 FD-302 dated Aug. 22, 2017, at 3.”
FD-302 refers to a type of FBI form that is a written summation of an interview.
4) This Aug 22 footnote has been construed to mean that an additional FD-302 was constructed for the FBI’s interview of Flynn—nearly seven months after Flynn’s Jan. 24, 2017, interview.
This may not be correct.
This may not be correct.
5) To understand why, one needs to keep reading and note that each referenced footnote (24-27) relates to the same Aug. 22, 2017, Form FD-302.
6) “By the agents’ account, General Flynn was “relaxed and jocular” and offered to give the agents “a little tour” of the area around his West Wing office.” - 24
This sentence provides the first big hint, “By the agents’ account,” but is not definitive.
This sentence provides the first big hint, “By the agents’ account,” but is not definitive.
7) Here we are provided perhaps our most telling clue: “one of the agents reported.”
This seems to imply that who was interviewed in this 302 was not General Flynn, but rather the FBI agents - Strzok & Pientka - who had prior conducted the Flynn interview.
This seems to imply that who was interviewed in this 302 was not General Flynn, but rather the FBI agents - Strzok & Pientka - who had prior conducted the Flynn interview.
8) As one continues reading the quotes from the FD-302 provided by Flynn’s team, one can see that they are quotes by FBI agents describing events before, during, and after the Flynn interview to an unknown FBI official:
9) “One of the agents reported that General Flynn was “unguarded” during the interview and “clearly saw the FBI agents as allies.” - 27
10) The interview of Strzok & Pientka comes from a FD-302.
The person doing the interviewing would be FBI.
This might not prevent others, such as IG Horowitz from also being present, although it’s entirely possible that FBI regulations preclude outside participation.
The person doing the interviewing would be FBI.
This might not prevent others, such as IG Horowitz from also being present, although it’s entirely possible that FBI regulations preclude outside participation.
11) Either way, it appears that the prevailing explanation that footnote 23 refers to Flynn’s interview summary compiled seven months after Flynn’s initial interview, may well be incorrect.
12) Equally important - if true - is the fact that the two agents who interviewed Flynn were required to give their account of events in a formalized setting where, like Flynn, they could be charged with lying to the FBI.
13) There is one other footnote of significance within the Flynn sentencing memorandum—footnote 20:
14) This refers to information the Mueller team was required to turn over to Flynn’s legal team.
The order issued by U.S. District Judge Emmet G. Sullivan, related to Brady disclosure, whereby the prosecution must turn over all exculpatory evidence to the defendant.
The order issued by U.S. District Judge Emmet G. Sullivan, related to Brady disclosure, whereby the prosecution must turn over all exculpatory evidence to the defendant.
15) Judge Sullivan took the case over from Judge Contreras, who was suddenly recused on Dec. 7, 2017, after accepting Flynn’s guilty plea on Dec. 1.
It was later disclosed that Contreras knew agent Strzok - the two may have been friends.
Contreras was also a FISA Judge.
It was later disclosed that Contreras knew agent Strzok - the two may have been friends.
Contreras was also a FISA Judge.
16) Sullivan ordered the Flynn team to produce the Aug. 22, 2017, FD-302 they cited in their filing.
And ordered the government to file "any 302s or memorandum relevant to the circumstances discussed on pages 7-9 of the defendant’s sentencing memorandum by no later than" Dec 14.
And ordered the government to file "any 302s or memorandum relevant to the circumstances discussed on pages 7-9 of the defendant’s sentencing memorandum by no later than" Dec 14.
17) The Judge does not appear to be saying information was withheld from the Flynn Team per his Feb. 2018 order.
Although it’s entirely possible exculpatory information had been withheld from the Flynn team up to that point.
Although it’s entirely possible exculpatory information had been withheld from the Flynn team up to that point.
18) The Flynn team already had the Aug. 22, 2017, FD-302 information in their possession, which came from the Mueller team.
Nor is Judge Sullivan saying that information was withheld from him.
Brady Disclosures are from the prosecution to the defendant, not to the judge.
Nor is Judge Sullivan saying that information was withheld from him.
Brady Disclosures are from the prosecution to the defendant, not to the judge.
19) Judge Sullivan does appear to be saying that some of the items disclosed in Flynn’s sentencing memorandum are new to him and he is demanding to see them now.
It will prove most interesting to see what weight these new documents will bring to the case.
It will prove most interesting to see what weight these new documents will bring to the case.
20) On July 27 2017, IG Horowitz notified Mueller of Strzok/Page texts. Papadopoulos arrested same day.
Aug 2 2017, Rosenstein issued Mueller a revised “Scope” Memo.
Strzok was removed from Mueller Team sometime in early Aug - reported on Aug 16, 2017.
FD-302 August 22, 2017
Aug 2 2017, Rosenstein issued Mueller a revised “Scope” Memo.
Strzok was removed from Mueller Team sometime in early Aug - reported on Aug 16, 2017.
FD-302 August 22, 2017
21) This article originated from an exchange with @walkafyre who first noted the oddness w/in the footnotes:
"@walkafyre I have same take. Reference to August 22, 2017 302 does not read like delayed 302 of Flynn's interview. It reads as 302 relating to interview of FBI Agents."
"@walkafyre I have same take. Reference to August 22, 2017 302 does not read like delayed 302 of Flynn's interview. It reads as 302 relating to interview of FBI Agents."
Here is the tweet from @walkafyre that I responded to.
