The Government is not persuaded that the January 24, 2017 interview was conducted with a legitimate investigative basis and therefore does not believe Mr. Flynn’s statements were material even if untrue.
courtlistener.com/recap/gov.usco…
courtlistener.com/recap/gov.usco…
Moreover, we not believe that the Government can prove either the relevant false statements or their materiality beyond a reasonable doubt...The Government respectfully moves to dismiss the criminal information with prejudice against Mr. Flynn.
"In advance of the interview, Director Comey determined that they would go interview Mr. Flynn the following day without notifying either DOJ or the White House...
Comey: "something we, I probably wouldn’t have done or gotten away with in a [] more organized administration.”
Comey: "something we, I probably wouldn’t have done or gotten away with in a [] more organized administration.”
"Based on an extensive review of this investigation, including newly discovered and disclosed information attached to the defendant’s supplemental pleadings...the Government has concluded that continued prosecution of Mr. Flynn would not serve the interests of justice."
"communications between Mr. Flynn and Mr. Kislyak—the FBI’s sole basis for resurrecting the investigation on January 4, 2017—did not warrant either continuing that existing counterintelligence investigation or opening a new criminal investigation."
"The calls were entirely appropriate on their face."
"Mr. Flynn has never disputed that the calls were made...as the former Director of Defense Intelligence Agency, would have readily expected that the FBI had known of the calls—and told FBI Deputy Director McCabe as much."
"Mr. Flynn has never disputed that the calls were made...as the former Director of Defense Intelligence Agency, would have readily expected that the FBI had known of the calls—and told FBI Deputy Director McCabe as much."
"there was no question at the FBI as to the content of the calls; the FBI had in its possession word-for-word transcripts of the actual communications between Mr. Flynn and Mr. Kislyak."
"With no dispute as to what was in fact said, there was no factual basis for the predication of a new counterintelligence investigation."
"The FBI never attempted to open a new investigation of Mr. Flynn on these grounds. Mr. Flynn’s communications with the Russian ambassador implicated no crime. This is apparent from the FBI’s rush to revive its old investigation rather than open and justify a new one."
"In short, Mr. Flynn’s calls with the Russian ambassador—the only new information to arise since the FBI’s decision to close out his investigation—did not constitute an articulable factual basis to open any counterintelligence investigation or criminal investigation."
