There was a scheduled joint status filing due today between DOJ prosecutors and the Mike Flynn defense team led by Sidney Powell.
As Mr. Flynn’s cooperation has ended in all other aspects related to the former special counsel, there are apparently many issues still to be resolved prior to Flynn’s sentencing.
In a filing today (full pdf below) Flynn’s defense lawyer, Sidney Powell, notes two significant issues: (1) Ms. Powell is being denied a security clearance she needs to review all of the documents in the case; and (2) the DOJ is refusing to provide the original FBI notes from their interview of Michael Flynn on January 24th, 2017.
(Source – Page #2 pdf link)
(source – Page #3 pdf link)
Both issues are concerning, ESPECIALLY when you consider this is yet another case under the direct responsibility of U.S. Attorney Jessie Liu. [Same U.S. attorney who let the Awan Brothers escape justice; same U.S. attorney who let James Wolfe avoid prosecution for leaking FISA; same U.S. attorney who ran out clock on McCabe grand jury and punted McCabe prosecution decision back to Main Justice; etc.]
The failure of the DOJ to produce the original FBI notes (FD-302) is directly tied to the efforts of the “small group” to frame and entrap Michael Flynn.
Within the case…. Prosecutor Brandon Van Grack filed a cover letter attempting to explain the reason for the Flynn interview on January 24th, 2017, and the official filing of those interview notes (FD-302) three weeks later on February 15th, 2017, and then again on May 31st, 2017.
To explain the FBI delay, Van Grack claimed the FD-302 report “inadvertently” had a header saying “DRAFT DOCUMENT/DELIBERATIVE MATERIAL” (screen grab)
However, what the special counsel prosecutor appeared to be obfuscating to the court; and attempting to hide from the judge; was a process of deliberation within the investigative unit, headed by FBI Deputy Director Andrew McCabe, surrounding the specific wording of the 302 report on the Flynn interview. That deliberagion was likely about how best to word the FBI notes for maximum damage.
In late 2018 Prosecutor Brandon Van Grack was attempting to hide the length of the small group deliberations within the FBI. It seems he did not want the court to know Andrew McCabe was involved in shaping how the Flynn-302 was written.
But we know there was a deliberative process in place, seemingly all about how to best position the narrative, because we can see the deliberations in text messages between Lisa Page and Peter Strzok: See below (note the dates):
The text message conversation above is February 14th, 2017.
The Michael Flynn FD-302 was officially entered into the record on February 15th, 2017, per the report:
Obviously the interview took place on January 24th, 2017. The FD-302 was drafted on January 24th, and then later edited, shaped, and ultimately approved by McCabe, on February 14th,… then entered into the official record on February 15th.
The interview report was a deliberative document from the outset. Thanks to the Strzok/Page text messages we know the 2018 cover letter from the Special Counsel was misleading. The Feb 15th, 2017, date was the day after McCabe approved it.
May 17th, 2017, Robert Mueller was assigned as special Counsel. Then, the FD-302 report was re-entered on May 31st, 2017, removing the “Draft Document/Deliberative Material” header; paving the way for Mueller’s team to use the content.
This level of overt corruption, and corrupt intent within the special counsel, is one of the many reasons why Rod Rosenstein apologists and the ‘trust the plan’ crew should be collectively slapped across the face with a cold fish. I digress.