Late 2016 – Russian officials, including the ambassador to the United States, Sergey Kislyak, are under surveillance by US intelligence agencies.
December 29, 2016 – Gen. Flynn talks to Ambassador Kislyak. Topics include sanctions imposed by the Obama administration. Intelligence Official who read the transcripts states ” ‘I don’t think [Flynn] knew he was doing anything wrong,” the official said. “Flynn talked about sanctions, but no specific promises were made. Flynn was speaking more in general ‘maybe we’ll take a look at this going forward’ terms.”
Jan. 24, 2017 – Michael Flynn is interviewed at the White House by Peter Strozk and another unidentified FBI agent. Prior to this interview, Flynn discussed the interview with Andrew McCabe. McCabe directed that Flynn not include an attorney to sit in on the interview, threatening to include the Department of Justice officials. Flynn complies, viewing the interview as an informal discussion.
Dec. 2017 – Flynn pleads guilty, after losing his home due to legal fees, to lying to the FBI based on the interview on Jan. 24, 2017.
Dec. 11, 2018 – Judge Emmet G. Sullivan orders that the government hand over the FBI’s formal records and all other relevant documents detailing Flynn’s interview with agents in 2017.
Dec. 13, 2018 – FBI hands over a 302 written by Peter Strzok in August 2018 regarding the Flynn interview.
Dec. 17, 2018 – Judge Sullivan orders that the FBI produce the real 302 from the Flynn interview, not a 302 written MONTHS after the fact.
Dec. 17, 2018 – FBI hands over 302 from February 15, 2018, written three WEEKS after the fact.
Flynn told agents “not really” and “I don’t remember” when they asked if he had requested Kislyak and the Russians not engage in a “tit-for-tat” with the U.S. government over the Obama administration’s sanctions in December 2016, or whether he had asked the Russians not to “escalate” the matter and to keep their response “reciprocal.” (Trump, at the time, publicly said he wanted the U.S. to “move on” and not engage in a bitter dispute with Russia.)
“It wasn’t, ‘Don’t do anything,'” Flynn told the agents when they asked him if he had requested that the Russian ambassador not retaliate against the U.S., according to the 302. Flynn intimated that the U.S. government’s harsh sanctions came as a “total surprise” to him, the document states.
Separately, agents asked Flynn whether Kislyak had promised that Russia would “modulate” its response to the sanctions, which were imposed by the Obama administration in its final days in power in response to Russian election meddling.
“Flynn stated it was possible that he talked to Kislyak on the issue,” the 302 stated, “but if he did, he did not remember doing so. Flynn stated he was attempting to start a good relationship with Kislyak moving forward.”
“Flynn remembered making four to five calls that day about this issue, but that the Dominican Republic [where he was vacationing] was a difficult place to make a call as he kept having connectivity issues. Flynn reflected and stated that he did not think he would have had a conversation with Kislyak about the matter, as he did not know the expulsions [of 35 Russian diplomats from the U.S. as part of the Obama administration’s sanctions] were coming.”
Dec. 17, 2018 – Judge Sullivan issues ANOTHER bench order demanding that the FBI hand over the ORIGINAL 302, not a version written weeks or months after.
Significance of 302 – FBI cannot record interviews per internal regulations. 302 Forms are designed for interviewing FBI agents to keep track of their notes during interviews. Judge Sullivan knows that he has not been provided with the initial notes, but notes created weeks and months after the fact.
The FBI didn’t want an attorney present for Flynn because they didn’t want a corroborating witness for Flynn. Flynn could have had his attorney present to dispute FBI’s collection. Instead, FBI instructed him not to have an attorney present so that FBI could rely on their own records. If there are no original 302 from Flynn interview, or if 302 interview notes indicate lying, then prosecutorial misconduct is on the table.
Withdrawing a guilty plea typically must occur before sentencing. Mueller’s team has been prolonging sentencing to keep the Special Counsel Investigation going as long as possible before any misconduct was uncovered.
In order to withdraw a guilty plea, the defendant has to show cause.
Is Flynn going to withdraw his plea deal today?