By The Blaze. A top congressional Republican predicted Sunday that special counsel Robert Mueller’s case against Michael Flynn, the former national security adviser who pled guilty to lying to the FBI, will soon be thrown out of court. . .
Rep. Darrell Issa (R-Calif.), who is retiring from Congress next month, explained on Fox News Sunday that it is his belief, and indeed that of a federal judge, that FBI investigators “violated” Flynn’s Miranda rights when they interrogated him. It’s that “misconduct” that Issa alleged would lead a judge to toss Mueller’s case against Flynn.
“I would not be surprised a bit that the conviction of Flynn is overturned because of the Justice Department and the FBI’s misconduct,” Issa said.
He further explained: “Judge Sullivan has made it pretty clear that they, in layman’s terms, violated his Miranda rights, tricked him into not having a lawyer, when, in fact, he was not only a suspect, but a target, and they had transcripts, this kind of conduct, we haven’t seen in a long time.” . . .
“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,” Issa explained.
(Read more from “Top Republican Predicts Flynn’s Guilty Plea Will Be Tossed. Here’s Why.” HERE)
Where Is the Flynn 302?
By National Review. . .My purpose in this post is not to rehash the column. It is to highlight something I address in the middle: the missing FBI report of Flynn’s interview on January 24, 2017 — i.e., the Flynn 302. As I write in the column:
It was only after Mueller was appointed in May 2017 that the investigation of Flynn appears to have picked up steam and a false-statements plea was finally negotiated in late November.
There are many peculiarities about this. Pressing at the moment, for example, is the special counsel’s release yesterday of the FBI report (the “302” form) pertaining to Flynn’s interview. Media reports had said that even though Flynn was interviewed on January 24, 2017, the 302 documenting the interview was not completed until August 22, 2017, seven months later. Clearly, this raises the possibility that the interview report was drafted not when the agents formed their initial impressions, but months later when the special counsel was squeezing Flynn and there was a motive to make the interview appear more deceptive than it seemed at the time.
To my eye, the situation is even more disturbing than the press reporting suggests. It appears that there is no 302 of the Flynn interview. The 302 dated August 22, 2017, which Mueller submitted to the court, documents an interview of Peter Strzok, not of Flynn. It appears that this interview of Strzok took place on July 19, notes of the interview were drafted the next day (July 20), and the 302 was approved and entered into the FBI’s files on August 22. The question obviously arises: Where is the Flynn 302? FBI procedures would have called for a report within a few days of the interview. It is not that there wasn’t one for seven months. For now, it looks like none has been produced at all.
(Read more from “Where Is the Flynn 302?” HERE)