Thread by @JohnWHuber

Peter Strzok told the Special Counsel & FBI that his partner Joe Pientka was "primarily responsible for taking notes and writing the FD-302" of the 01/24/17 @GenFlynn interview

That's likely a lie & the same felony Flynn was charged with:
18 USC §1001 (false statements)

THREAD

On 07/19/17 Strzok was interviewed by a Senior Assistant Special Counsel & an FBI Supervisory Special Agent

This was Strzok's "exit" interview after he'd been forced to leave the Special Counsel due to discovery of his biased text messages

It's a felony to lie in this interview

Strzok was asked about his role in the investigation of @GenFlynn, and said that he, "Strzok conducted the interview" and [redacted] "was primarily responsible for taking notes and writing the FD-302"

[Redacted] refers to (Joe) Pientka, his partner on the Flynn case

So if Pientka was NOT actually "primarily" responsible for "writing the FD-302" or "taking notes", then Strzok lied.

Newly available evidence strongly suggests Strzok did lie: it was *Strzok* himself who wrote the 302, & largely from his own notes, NOT Pientka's

Here's why 👇

DOJ only recently provided new evidence to @SidneyPowell1 (@GenFlynn attorney), under a protective order. This order was lifted this month, allowed it to be filed publicly.

1. Handwritten interview notes, said to be Strzok's & Pientka's

2. 302 Drafts*

3. New Strzok texts

*The earliest 302 DOJ has provided is from 02/10/17. The Flynn interview was on 01/24/17 (17 days earlier). So it is highly likely there are earlier drafts, but on Oct 29 DOJ (Brandon Van Grack; a former Senior Assistant Special Counsel) denied DOJ is "hiding" an "original 302"🤔

I analyzed both Strzok & Pientka's notes, line by line & side by side with the 02/10/17 FD-302

This included matching the notes to the subject topics discussed in the 302 and looking for words and phrases used only in Strzok's notes, only in Pientka's notes, in both, or neither

SUMMARY (1 of 2)

—The 302 systematically & overwhelmingly (30+ examples) contains words & phrases ONLY noted by Strzok & NOT by Pientka

—Crucially this includes two where Pientka explicitly comments that he "couldn't remember" Flynn saying this & "[I] dont...have in my notes"

SUMMARY (2 of 2)

Attached is a summary by topic (e.g "RT dinner")

—Red text is phrases/words in the 302 that are lifted from Strzok’s notes, in bold are verbatim

—🚨Purple text is the 2 crucial examples that Pientka explicitly says he didn’t have noted/couldn’t remember

To put it mildly, this evidence is inconsistent with Pientka "primarily" writing the 302, as Strzok claimed

Even if Pientka had access to Strzok's notes, its incredibly unlikely he would systematically rely on Strzok's notes 30+ times, repeatedly using Strzok's linguistic style

And even if you could stretch to believing that, Pientka certainly wouldn't include in a draft 302 (a legal record that can be the basis for a felony charge) words & phrases *he couldn't remember*, that only appeared in Strzok's notes AND add "I don't remember this" to the 302

Also, the new Strzok texts show Strzok communicating with Lisa Page on the same day of the 302 draft (02/10/17), adding "edits" from Lisa Page, "finalizing it", working on it over the weekend & *then* "sending to Joe". All inconsistent with Pientka being "primarily responsible"

FYI: to give balance, there are at least two alternative explanations to Strzok committing a false statements felony offense. I give them at the end of this thread. But both involve the DOJ either suppressing/destroying evidence and/or giving false information to Flynn's attorney

EVIDENCE DETAIL (1 of 5)

—Flynn visiting Russian GRU HQ as DIA Director
—Igor Sergun

Note: Some of Pientka's notes/wording were added to the 302 on 02/11/17 (seen as blue "insertions" in the text), reinforcing they were not used in the first draft, and added as later comments

EVIDENCE DETAIL (2 of 5)

—Russia Today (RT) Dinner in Moscow, Dec 2015
—Flynn meeting with Russian Ambassador Kislyak at his residence

Note: Strzok's notes contains X3 pieces of detail about the visit not present in Pientka's notes (attendees, the time, the precise location)

EVIDENCE DETAIL (3 of 5)

—Trump & Putin relationship
— Flynn calls with Kislyak while in Dominican Republic

Note: Pientka’s notes contain NOTHING about a Trump/Putin relationship

EVIDENCE DETAIL (4 of 5)

— Flynn call with Kislyak about plane crash
—Trump team meetings with foreign countries during the transition

🚨A comment on the draft *from Pientka* says: “I don’t remember this” about Flynn’s lack of “affinity” for Russia

EVIDENCE DETAIL (5 of 5)

—“Battle drill” during calls about UN vote on Israeli settlements
— 29 Dec 2016 Flynn call with Kislyak on sanctions

🚨A comment on the draft *from Pientka* says: “Did he specify government blackberry? Dont recall that/have in my notes”

SUMMARY (1 of 2)

—Strzok told the Special Counsel/FBI that Pientka wrote the 302 interview record of Flynn

—Strzok’s text messages and the Strzok/Pientka handwritten notes show that’s likely false, and Strzok himself wrote the 302

SUMMARY (2 of 2)

—Strzok likely committed the same felony @GenFlynn was charged with (18 USC §1001)

—The Special Counsel and FBI had access to the same exculpatory evidence in this thread BEFORE @GenFlynn pled guilty to the felony his own interviewer committed

/ENDS

N.B. None of this thread addresses the question of whether @GenFlynn himself is guilty of the offence he was charged with and pled guilty to and shouldn’t be read as such

ALTERNATIVE EXPLANATION 1
The Strzok/Pientka notes have been misidentified by DOJ to @SidneyPowell1 (note: neither are signed or dated).

—Pientka's notes are actually Strzok's

—This would allow Pientka to be primary 302 author

—But means DOJ gave false info to Powell (or lied)

ALTERNATIVE EXPLANATION 2
There are earlier drafts of the 302.

—A "first draft" that Pientka originally "primarily" drafted nearer to the 01/24/17 interview

—Subsequently edited by Strzok adding the 30+ phrases

—Then the 02/10/17 comments from Pientka are comments on top

Alternative 1 is unlikely with the Strzok/Page texts showing Strzok intensively editing & “finalizing” the 302 on 02/10/17 & “over [that] weekend”, to “send to Joe”

Alternative 2 means DOJ is suppressing those earlier 302s, including an “original” (or they were destroyed)

/ENDS

Now that's Strzok's halloween ruined, I'm off to go enjoy mine...👻

UPDATE:

https://twitter.com/johnwhuber/status/1190334992938913792?s=21