The further to the left or the right you move, the more your lens on life distorts.

Friday, December 14, 2018


Kim Strassel is one of the relatively few journalists who have reported on FBI abuses of investigative power over the past two and a half years. Using unassailable evidence, the words and actions of senior FBI officials, and the testimony of disgraced (and we now know, hyper-partisan) FBI director, James Comey, Strassel has delineated an apparent conspiracy to undermine Donald Trump before the election (think: the phony Russian dossier and the FISA court approval of surveillance on a presidenctial candidate) and destabilize his new administration (think: the texts between Strok and Page) after he won the presidency. The railroading of General Mike Flynn sits at the top of a heap of despicable, if not criminal, actions undertaken by the FBI and used by Robert Mueller to 'get' Donald Trump. She writes:
Robert Mueller has operated for 19 months as a law unto himself, reminding us of the awesome and destructive powers of special counsels. About the only possible check on Mr. Mueller is a judge who is wise to the tricks of prosecutors and investigators. Good news: That’s what we got this week.

Former national security adviser Mike Flynn a year ago pleaded guilty to one count of lying to the Federal Bureau of Investigation about his conversations with Russia’s ambassador to the U.S. Mr. Flynn’s defense team this week filed a sentencing memo to Judge Emmet Sullivan that contained explosive new information about the Flynn-FBI meeting in January 2017.

It was arranged by then-Deputy FBI Director Andrew McCabe, who personally called Mr. Flynn on other business, then suggested he sit down with two agents to clear up the Russia question. Mr. McCabe urged Mr. Flynn to conduct the interview with no lawyer present—to make things easier.

The agents (including the infamous Peter Strzok) showed up within two hours. They had already decided not to inform Mr. Flynn that they had transcripts of his conversations or give him the standard warning against lying to the FBI. They wanted him “relaxed” and “unguarded.” Former Director James Comey this weekend bragged on MSNBC that he would never have “gotten away” with such a move in a more “organized” administration.

The whole thing stinks of entrapment, though the curious question was how the Flynn defense team got the details. The court filing refers to a McCabe memo written the day of the 2017 meeting, as well as an FBI summary—known as a 302—of the Flynn interview. These are among documents congressional Republicans have been fighting to obtain for more than a year, only to be stonewalled by the Justice Department. Now we know why the department didn’t want them public.

They have come to light thanks to a man who knows well how men like Messrs. Mueller and Comey operate: Judge Sullivan. He sits on the U.S. District Court in the District of Columbia, and as he wrote for the Journal last year, he got a “wake-up call” in 2008 while overseeing the trial of then-Sen. Ted Stevens of Alaska. Judge Sullivan ultimately assigned a lawyer to investigate Justice Department misconduct.

The investigator’s report found prosecutors had engaged in deliberate and repeated ethical violations, withholding key evidence from the defense. It also excoriated the FBI for failing to write up 302s and for omitting key facts from those it did write. The head of the FBI was Mr. Mueller.
In a perfect world where truth and justice prevails, Judge Sullivan would throw out the entire Flynn Case, exonerating him of any wrong-doing, castigate the FBI for its disgraceful behavior, and sanction Mueller and his team for participating in this "witch hunt." I don't think that will happen, but one can always hope.


Michael Flynn was forced to plead guilty under Title 18 of the United States Code, Section 1001. None other than Supreme Court Justice Ruth Bader Ginsburg (an icon among the same people who are persecuting Flynn) wrote this in 1996:
"The prospect remains that an overzealous prosecutor or investigator — aware that a person has committed some suspicious acts, but unable to make a criminal case — will create a crime by surprising the suspect, asking about those acts, and receiving a false denial."...

... the Department of Justice has long noted its reluctance to approve §1001 indictments for simple false denials made to investigators."
With Flynn, we have the exact circumstances that RBG describes. We have a biased overzealous investigative agency (the FBI) and biased prosecutor—a toxic mix that RBG warned us to avoid. It's a travesty that should be thrown out by Judge Sullivan.