An attorney for former national security adviser Michael Flynn says new documents show the FBI knew Flynn wasn’t trying to lie during his January 24, 2017, interview, yet they concocted a criminal case against him anyway.
Bloomberg reported that the U.S. Department of Justice gave Flynn 14 new pages of documents, which his attorney, Sidney Powell, said in a filing amounts to prosecutorial misconduct.
“These documents establish that on January 25, 2017 — the day after the agents ambushed him at the White House — the agents and DOJ officials knew General Flynn’s statements were not material to any investigation, that he was ‘open and forthcoming’ with the agents, that he had no intent to deceive them, and that he believed he was fully truthful with them,” Powell wrote in the filing.
The new documents contained FBI memos from early 2017 that allegedly show the people who interviewed Flynn didn’t believe he was a Russian agent, which was the crux of the investigation against him.
“The docs reveal prosecutors’ internal debates over whether to bring charges against Flynn. In one, Deputy Assistant Attorney General Tashina Gauhar described agents assessments of Flynn after speaking to him, saying they believed he had been ‘forthright’ about his conversations with then-Russian Ambassador Sergey Kislyak and that there was no indication of any deliberate attempt at deception,” the New York Post reported.
Powell’s filing argued that the “FBI determined that General Flynn believed what he was telling the agents was the truth.”
Powell further argued that even though FBI agents didn’t think Flynn was a Russian agent and that he was not trying to lie during his interview, former U.S. Deputy Attorney General Sally Yates and former DOJ official Mary McCord “made two trips to the White House to get Flynn fired,” Bloomberg reported.
“The filing also says former FBI deputy director Andrew McCabe met with Vice President Mike Pence to convince him that Flynn had lied to him. Powell says the new evidence supporting Flynn was unearthed by Jeffrey Jensen, a U.S. Attorney in Missouri who is leading a review of the FBI’s handling of the Flynn case,” the outlet continued.
The charges against Flynn were dropped on May 7, citing “a considered review of all the facts and circumstances of this case, including newly discovered and disclosed information.” The DOJ argued that Flynn’s January 2017 interview was “untethered to, and unjustified by, the FBI’s counterintelligence investigation into Mr. Flynn” and “conducted without any legitimate investigative basis.”
Flynn had pleaded guilty several times to lying about his conversations with Kislyak, something Democrats and the media use against him without noting that people often plead guilty despite being innocent for a number of reasons. Flynn met with the FBI without an attorney present, and FBI agents had a transcript of his phone call while Flynn did not. Though the charges were dismissed, U.S. District Judge Emmet Sullivan has tried to keep them alive despite an appeals court telling him to drop the case.
In response to the newly released evidence, President Donald Trump tweeted on Saturday, “New documents just released reveal General Flynn was telling the truth, and the FBI knew it!”
New documents just released reveal General Flynn was telling the truth, and the FBI knew it! @OANN
— Donald J. Trump (@realDonaldTrump) July 11, 2020