It had been widely reported that James Comey had told members of Congress that the FBI agents interviewing former national security adviser Michael Flynn did not believe he had been deceptive in his interview. This begs the question of why Robert Mueller decided to indict Flynn for lying to investigators.
During his book tour, James Comey took issue with that statement. According to Comey, he had no idea at all of how someone could have made that mistake.
STEPHANOPOULOS: There’s been some reporting that — at —at — at one point you told the Congress that the agents who interviewed Mike Flynn didn’t believe that he had lied.
COMEY: Yeah, I saw that. And that — I don’t know where that’s coming from. That — unless I’m — I — I — said something that people misunderstood, I don’t remember even intending to say that. So my recollection is I never said that to anybody.
Now we have a better idea of how that story came about. Several staff members of the Senate Judiciary Committee, plus an FBI agent who was on detail to the committee, took notes on Comey’s testimony and they all agree. He said it.
Now Chuck Grassley is demanding that Justice produce the written records, called 302s, from the Flynn interview so that the Senate can see for itself. It also looks like they are bringing back the FBI agent who was in the room to question him about what he heard.
Slowly but surely, Rosenstein is burning every bridge with the Congress just as he’s burned them with the White House and, I think, with Jeff Sessions. Now we just have to see if Rosenstein does further damage to himself by refusing to respond to this request and ultimately losing a fight with Grassley who can, and probably will, hold hearings on judicial nominees hostage if he doesn’t get what he wants.