Here’s What’s Weird About Robert Mueller’s Latest Michael Flynn Filing
Late Friday, Special Counsel Robert Mueller’s office filed its reply brief to the sentencing memorandum Michael Flynn had filed early last week with a D.C. federal court. Mueller’s reply brief revealed several new tidbits about the special counsel’s probe and the earlier investigation into Flynn, President Donald Trump’s short-lived national security advisor.
Mueller’s filing came in response to a hastily issued order by presiding judge Emmet Sullivan, which directed the government to file its reply brief by 3 p.m. on December 14. Sullivan also directed Flynn to file with the court two documents he referenced in his sentencing memorandum: a January 24, 2017 memorandum authored by former FBI deputy director Andrew McCabe, and a FD-302 interview summary dated August 22, 2017. . .
Since news broke of Flynn’s guilty plea last year on one count of lying to the FBI, there has been speculation about the contents of the FBI’s interview summary form, or FD-302, sparked by reports that the two FBI agents who questioned Flynn did not think he lied during their interview. The public’s interest in the interview summary form (or forms) then peaked when Flynn cited to a FD-302 dated August 22, 2017 in his sentencing memo.
The FBI had interviewed Flynn on January 24, 2017. Why a seven-month delay in completing the 302? And why didn’t Flynn reference the initial 302 drafted following his interview? From Sullivan’s order directing Mueller’s team to file “any 302s or memoranda,” the presiding judge apparently wondered the same thing.
Then came Friday’s filing of the special counsel’s reply brief, which included in its appendices McCabe’s January 24, 2017 memorandum and the FD-302 recorded on August 22, 2017, the latter of which summarized the FBI’s interview with now-former FBI agent Peter Strzok. But no other 302s were included. (Read more from “Here’s What’s Weird About Robert Mueller’s Latest Michael Flynn Filing” HERE)
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