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Lord, we ask that General Flynn be exonerated of the crimes he pleading guilty to due to bullying by the FBI. We pray that the truth would continue to be made known so that those who have done wrong can be punished.
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The twists and turns in the prosecution of intelligence expert Michael Flynn have revealed a string of actions by known bad actors in the FBI and prompted President Donald Trump to float the idea of bringing his short-lived national security adviser back into the administration.

Here are five keys to understanding the Flynn case and whatā€™s next.

1. What Is Flynnā€™s Current Status in Court?

In late 2017, Flynn, a retired Army lieutenant general who specialized in intelligence operations, pleaded guilty to making false statements to the FBI about his conversations with Sergey Kislyak, then the Russian ambassador to the United States.

Flynn, who served just over three weeks as Trumpā€™s first national security adviser, had the opportunity to change his plea in December 2018, but stuck to it while represented by the prestigious law firm of Covington & Burling.

Flynn, 61, currently is represented by Texas lawyer and former federal prosecutor Sidney Powell, who raised significant questions about the FBIā€™s tactics.

The former national security adviser has filed a motion to withdraw his guilty plea and for the court to dismiss the case.

Flynn said the FBI pressured him to make the guilty plea on the threat of potentially charging him and his son with failing to register under the Foreign Agents Registration Act for work they did in Turkey.

His lawyers at Covington & Burling had advised Flynn that he would not need to register under that law, thus a potential conflict existed with his earlier legal representation, John Malcolm, senior legal fellow with The Heritage Foundation, told The Daily Signal.

ā€œThe government and his own former legal team were not turning over exculpatory evidence,ā€ Malcolm said of Flynn.

Malcolm said if U.S. District Judge Emmet Sullivan granted Flynnā€™s motion to withdraw the guilty plea, the Justice Department might likely drop the matter. If the judge doesnā€™t grant the motion, a presidential pardon seems highly likely, Malcolm added

2. What Do the Released Documents Show?

FlynnĀ resignedĀ Feb. 13, 2017, on his 23rd day as national security adviser, saying that he had inadvertently misled Vice President Mike Pence and others about his talks with Kislyak before Trump took office.

AĀ batch of documentsĀ unsealed Wednesday shows that three FBI officials at the timeā€”Director James Comey, Deputy Director Andrew McCabe, and counterintelligence chief Bill Priestapā€”pondered ā€œgoalsā€ for interviewing Flynn at the White House beyond obtaining the truth.

Handwritten notes of their conversation bearing Priestapā€™s initials indicate FBI officials hoped to get Flynn ā€œto admit to breaking the Logan Actā€ in talking with Kislyak during the transition period between the presidential election Nov. 8, 2016, and Trumpā€™s inauguration Jan. 20, 1917.

The Logan Act is a 1799 law, never used in aĀ  prosecution, intended to prevent individuals from falsely claiming to represent the federal government when interacting with foreign officials.

One of Priestapā€™s notes reads: ā€œWhat is our goal? Truth/Admission or to get him to lie, so we can prosecute him or get him fired?ā€

Another note says of Flynn and the Department of Justice, the FBIā€™s parent agency: ā€œIf we get him to admit to breaking the Logan Act, give facts to DOJ + have them decide.ā€

The notes show some indecision, but seem to concede that prompting someone to lie could be ā€œplaying games.ā€

ā€œProtect our institution by not playing gamesā€ and ā€œIf weā€™re seen playing games, WH will be furious,ā€ the notes say, with WH referring to the White House.

More documentsĀ released ThursdayĀ show that on Jan. 4, 2017, the FBIā€™s Washington Field Office determined in a memo it was closing the investigation on Flynn because a review ā€œdid not yield any informationā€ to justify continuing to probe whether Flynn was working with the Russian government.

However, then-FBI agent Peter Strzok texted an FBI colleague to say: ā€œHey if you havenā€™t closed RAZOR donā€™t do so yet.ā€

The FBIā€™s codename for the Flynn case was Crossfire Razor. Americans learned Strzokā€™s name in 2018 whenĀ text messagesĀ surfaced in which heĀ disparagedĀ Trump as a presidential candidate in 2016 while investigating Hillary Clintonā€™s use of a private email server to conduct official business as secretary of state.

Such conversations are not typical for law enforcement, said Malcolm, who was a career federal prosecutor in Georgia from 1990 to 1997 and served as deputy assistant attorney general for the Justice Departmentā€™s Criminal Division from 2001 to 2004.

ā€œThe notes are very troubling,ā€ Malcolm said, adding, ā€œAs a federal prosecutor, I was never involved in a conversation like that.ā€

Referring to FBI officials, Flynnā€™s lawyers wrote this week to Sullivan, the judge in the case: ā€œThese documents show in their own handwriting and emails that they intended either to create an offense they could prosecute or at least get him fired.ā€

In February 2018, Sullivan ordered the Justice Department to turn over any exculpatory evidence.

Last year, based on the evidence he had at the time, Sullivan dismissed accusations that the FBI tried to entrap Flynn.

Other evidence that tends to clear Flynn may exist. His former legal team at Covington & Burling said in a court filing in April that it discovered more documents that it didnā€™t share with Flynnā€™s new lawyers.

Also this week, SullivanĀ orderedĀ Covington & Burling to ā€œre-execute a search of every document and communication pertaining to the firmā€™s representation of Mr. Flynn.ā€

3. FBIā€™s Interview of Flynn

The notes of FBI officialsā€™ conversations leading up to two agentsā€™ interview of Flynn add more context to already questionable issues that Comey has boasted about.

Strzok was one of the agents who went to the White House to conduct the interview.

Comey, the former FBI director, said in at least one television interview that he took advantage of the fledgling Trump White House to send the agents over to interview Flynn, skipping normal protocols.

ā€œI probably wouldnā€™t have done or maybe gotten away with in a more organized investigationā€”a more organized administration,ā€ ComeyĀ said, correcting himself in an interview with MSNBC pundit Nicolle Wallace in late 2018. ā€œIn the George W. Bush administration, for example, or the Obama administration.ā€

Comey continued:

And in both those administrations there was a process. And so if the FBI wanted to send agents into the White House itself to interview a senior official, you would work through the White House counsel and thereā€™d be discussions and approvals and it would be there. And I thought, itā€™s early enough, letā€™s just send a couple of guys over.

And so we placed a call to Flynn, said, ā€˜Hey, weā€™re sending a couple of guys over. Hope youā€™ll talk to them.ā€™ He said, ā€˜Sure.ā€™ Nobody else was there. They interviewed him in a conference room in the Situation Room, and he lied to them. And thatā€™s what heā€™s now pled guilty to.

McCabe, deputy FBI director at the time, reportedly made the initial contact with Flynn about sending over two agents to speak with him. McCabe served for a time as acting director after Trump fired Comey.

ā€œThis is no ordinary criminal case. One of the agents who interviewed Lt. Gen. Flynn, Peter Strzok, was later removed from the Russia investigation after his texts demonstrating animus and bias toward the president were discovered,ā€ Sen. Chuck Grassley, R-Iowa, says in an April 27 letter to Attorney General William Barr.

ā€œAdditionally,ā€ Grassley writes, ā€œformer Director McCabe was fired for lack of candor regarding a leak to the Wall Street Journal, and Lt. Gen. Flynn was an adverse witness in a pending sexual discrimination case against Mr. McCabe at the time Mr. McCabe was supervising an inquiry targeting Lt. Gen. Flynn.ā€

4. What Related Investigations Are Underway?

The Justice Department is conducting an internal review and the Republican-led Senate is seeking more information.

Barr named Jeffrey B. Jensen, the U.S. attorney for the Eastern District of Missouri, to conduct a review of the Flynn case and determine whether any improprieties occurred.

In the April 27Ā letter, Grassley asked Barr to produce more information about the Flynn case.

ā€œSimply stated, after years of rampant speculation and publicly reported inconsistencies regarding how the FBI handled the case, itā€™s time for the public to know the full set of facts relating to Lt. Gen. Flynn, including any and all government misconduct,ā€ Grassley writes, requesting the Justice Department to unseal the records.

Grassley, now chairman of the Senate Finance Committee, was chairman of the Judiciary Committee in February 2017 when he first requested information from the Justice Department about the Flynn case.

On March 15, 2017, Comey had a briefing as FBI director with Grassley and Judiciaryā€™s top Democrat, Sen. Dianne Feinstein of California.

Comey told the senators that he saw no evidence Flynn had lied to investigators, according to Grassley.

ComeyĀ repeatedĀ that assertion to the House Intelligence Committee while still serving as FBI director. TrumpĀ firedĀ him on May 9, 2017.

In August 2017, Grassley asked the Defense Intelligence Agency, which Flynn directed for two years during the Obama administration, to declassify information about the Flynn case.

At several points in 2018, Grassley noted in the letter, he also asked the Justice Department to produce the transcript of Flynnā€™s phone call with the Russian ambassador.

The Iowa Republican also asked for documents covering the FBIā€™s interview with Flynn, conducted by Strzok and another agent, on Jan. 24, 2017, at the White House, Flynn did not have a lawyer present.

The Justice DepartmentĀ rejectedĀ Grassleyā€™s requests.

Grassley cited press reports that Flynn told the White House counsel and chief of staff that the FBI twice told him he wouldnā€™t be charged, ā€œwhich is consistent with what Director Comey told me and my staff.ā€

5. Presidential Pardon for Flynn?Ā Ā Ā Ā Ā 

Trump has floated the idea of a ā€œfull pardonā€ for Flynn.

During a ThursdayĀ press conference, however, Trump said he likely wouldnā€™t even need to use the pardon power.

ā€œIt looks to me like Michael Flynn would be exonerated, based on everything that Iā€™ve seen,ā€ Trump said. ā€œIā€™m not the judge, but I have a different kind of power. But I donā€™t know if anybody would have to use that power.ā€

ā€œIā€™ve never seen anything like it. What they did, what they wrote ā€¦ itā€™s just disgraceful,ā€ the president said.

(Used with permission from The Daily Signal. Article by Fred Lucas.)

 

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Darlene Estlow
May 6, 2020

Father, foil the attempts of evil. Bring out the truth. May He. Flynn receive favor from the judge so the case can be resolved and justice restored.

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