In Submission To Judge Sullivan, Mueller Omits Original FBI 302 Report From Flynn Interview, Submits 302 Prepared Six Months Later

National Security Adviser Michael Flynn arrives in the east Room of the White House in Washington, Monday, Feb. 13, 2017, for a news conference with President Donald Trump and Canadian Prime Minister Justin Trudeau. . (AP Photo/Evan Vucci)

U.S. District Court Judge Emmet G. Sullivan, who is overseeing Michael Flynn’s case, demanded that the Special Counsel submit copies of FBI 302 reports from Flynn’s January 24th FBI interview as well as then-FBI Deputy Director Andrew McCabe’s memorandum from that day. Sullivan made this request after viewing the sentencing documents filed by Flynn’s attorney on Tuesday which allege that McCabe had pressured Flynn into meeting with the FBI agents without having a lawyer present. McCabe told him that, if he elected to use a lawyer, they would have to involve the DOJ. Flynn agreed to meet without a lawyer.


Judge Sullivan had set a deadline of 3 pm Friday which Mueller met. He included a cover letter warning the judge not to “minimize” the seriousness of the charges against Flynn. Missing from the documents was the original and crucial FBI 302 report. FBI rules require that a 302 report be prepared within five days of an interview. Instead, Fox News reports that the 302 submitted to Judge Sullivan was dated July 19, 2017  and “specifically came from an interview with Strzok in which the Flynn encounter was discussed — and not the original Flynn interview.” Worse still, this report was heavily redacted. One and a half pages were completely redacted.

Judge Sullivan is perhaps best known for overturning the wrongful conviction of the late Senator Ted Stevens (R-AK) in 2008. He is no stranger to the heavy-handed tactics government prosecutors are capable of and is no doubt acutely aware that Mueller has deliberately withheld the original 320.

The documents show there was disagreement among FBI officials over then-FBI Director James Comey’s decision to question Flynn. Surprisingly, they also indicate that then-Acting Attorney General Sally Yates was “not happy” about the interview either. The documents state the two agents who interviewed Flynn did not believe he had intentionally lied to them. In that case, why did the Mueller team continue to pursue Flynn? These documents can be viewed here.


MSNBC’s Nicolle Wallace interviewed James Comey last weekend at the 92nd Street YMCA in Manhattan. Wallace said, “You look at this White House now and it’s hard to believe two FBI agents wound up in the sit. room. How did that happen?”

Comey replied, “I sent them.” This remark was followed by laughter from the audience.

(This exchange starts at 14:30 in the video below.)

Comey was very condescending as he discussed why he decided to set up the interview at that particular time. This administration was four days old. The Trump team had just moved into their White House offices. If there was any disarray, it was certainly excusable. Comey likely made the decision to interview Flynn so early on to exploit the confusion of those first days of the administration. He said of his decision:

Something I wouldn’t have done or maybe wouldn’t have gotten away with in a more organized administration, in the George W. Bush administration, for example, or the Obama administration (laughter from the audience).  The protocol, two men that all of us have increased appreciation for over the last two years (more laughter). And in both of those administrations, there was process, 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 there would be discussions and approvals and it would be there. And I thought it’s early enough, let’s just send a couple of guys over (laughter).


It’s becoming clearer by the day that Michael Flynn was set up. George Washington law professor Jonathan Turley said: “They put this guy in a cage and they shot him. It was a canned hunt.”

Former US Attorney for the District of Columbia Joe DiGenova joined Tucker Carlson on Friday night to discuss Flynn’s case.

He did not lie and, in fact, the FBI knew it. Let’s remember what this is about. This is a contextual crime created by the FBI and by Sally Yates, the Attorney General. Remember, after the election, Hillary Clinton needed a reason why she lost. Enter Russian collusion. The first part of that was to find someone in the administration to frame for talking to the Russians. They found General Flynn. In fact, all of Flynn’s conversations with the Russian ambassador and everybody else were legal. So why did the FBI approach him? They knew what he said, they knew it was legal. The answer is they wanted to frame him. And they succeeded. He did not tell them false information. Some of it may have been paused, it may have been nuanced. He did not lie. And indeed the agents whose actual 302’s are available said he didn’t lie.

It’s interesting that Robert Mueller did not turn over the original 302s today. He turned over an interview of Agent Strzok which was done months later by Mueller’s people. The answer is that Michael Flynn was framed in order to get at Donald Trump. Sally Yates, James Comey, Peter Strzok, Andrew McCabe all planned it. What you are seeing being played out in an American courtroom is one of the most disgraceful events in American criminal justice and everybody on Mueller’s team should be ashamed of themselves and none of them should ever be allowed to go back into the Department of Justice.


How will Judge Sullivan react when he reviews Mueller’s submission? The predatory Robert Mueller has been accountable to no one over the course of his investigation. Will he finally be held responsible for this farce?

I am hoping that Judge Sullivan does the following:

  1. Throws out the case.
  2. Rebukes those responsible for framing Michael Flynn.
  3. Orders the government to reimburse Flynn for legal expenses.
  4. Initiates an investigation to find the official (possibly Andrew McCabe) who leaked the story about Flynn’s contacts with Russian Ambassador Sergey Kislyak to Washington Post columnist David Ignatius. This is the real crime.


I’ve written several posts in the last week on this case that provide background information.

Flynn Case Judge Demands Mueller Turn Over 302 Reports After Docs Show McCabe Pressured Him Not To Use Lawyer

The Back Story On Michael Flynn: How Obama Officials Set Him Up

After Turning Michael Flynn’s Life Into A Living Hell, Mueller Recommends Little Or No Jail Time


In related news, the DOJ Inspector General’s office has reported that data from the cell phones of both former FBI agent Peter Stzrok and former FBI lawyer Lisa Page from the critical period of December 2016 through May 2017 is irretrievable. Strzok’s phone was restored to factory settings and issued to another agent. Although Page’s phone was not reissued to another employee, it was restored to factory settings in July 2017.



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