Special Counsel Robert Mueller’s office has turned over key documents in the Michael Flynn case.
Fox News reports:
The documents – some of which are heavily redacted — were released in response to U.S. District Judge Emmet G. Sullivan ordering prosecutors to hand over the government’s files and “memoranda” related to the FBI’s questioning of Flynn by Friday afternoon.
The documents include then-FBI deputy director Andrew McCabe’s notes after talking with Flynn to arrange his interview with the FBI. It also includes a so-called “302” report documenting what Flynn told anti-Trump agent Peter Strzok and one other agent during their conversation at the White House.
The 302 report states that Strzok and the other agent “both had the impression at the time that Flynn was not lying or did not think he was lying.” It also states that several unnamed people back at FBI headquarters “later argued about the FBI’s decision to interview Flynn.”
It comes days after Flynn’s legal team made the bombshell allegation that the FBI pushed him not to bring a lawyer to his fateful Jan. 24, 2017 interview with agents at the White House.
On Tuesday, Flynn’s attorneys filed a sentencing memo in which they cited the 302 report from his interview with the FBI which show then-Deputy FBI Director Andrew McCabe urging Flynn to not have an attorney present for the questioning.
“I explained that I thought the quickest way to get this done was to have a conversation between [Flynn] and the agents only,” McCabe wrote. “I further stated that if LTG Flynn wished to include anyone else in the meeting, like the White House counsel for instance, that I would need to involve the Department of Justice. [Flynn] stated that this would not be necessary and agreed to meet with the agents without any additional participants.”
Flynn’s report also stated, “The agents did not provide Gen. Flynn with a warning of the penalties for making a false statement under 18 U.S.C. 1001 before, during, or after the interview.”
Before the interview, McCabe and other FBI officials “decided the agents would not warn Flynn that it was a crime to lie during an FBI interview because they wanted Flynn to be relaxed, and they were concerned that giving the warnings might adversely affect the rapport.”
The Flynn memo points out that the 302 report reveals that FBI agents strategized on how to handle Flynn if he did not remember exactly what he had said in his phone conversation with then-Russian Ambassador Sergey Kislyak because the agents had already read transcripts of the phone call.
The memo states that FBI officials decided if “Flynn said he did not remember something they knew he said, they would use the exact words Flynn used … to try to refresh his recollection. If Flynn still would not confirm what he said … they would not confront him or talk him through it.”