Republican top predicts Flynn's guilty plea will be dismissed, citing the FBI's "conduct"
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A day before the dismissal of FBI director James Comey is expected to testify again in camera with the House Republicans, a party leader predicts that the special advocate Robert Mueller's case against the Former National Security Advisor Michael Flynn will soon be rejected.
California Republican Representative Darrell Issa told Fox News Fox Fox Futures that the FBI had "cheated" Flynn by asking him not to have a lawyer and that he had "post-dated" documents to "transform" them into essential evidence against him. . He promised that Comey would face tough questions about this episode.
"It will be a very different day for Comey, particularly in light of what we have learned – the fault of the Flynn inquiry was a matter of time." A judge who asked to understand what was wrong Had passed, "Issa told the host, Maria Bartiromo, citing the order made last week by US District Judge Emmet G. Sullivan, who had led Mueller to hand over essential documents of the case.
not be a bit surprised if Flynn's conviction is overturned, due to the misconduct of the Department of Justice and the FBI – and that in reality, we are potentially going up to the Supreme Court, with new protections – when the FBI and the Justice Department lies to someone and incites him to make statements, then accuses him of a lie in which he trapped them. … that kind of behavior we had not seen for a long time. "
In explosive court documents filed last week by legal Flynn It was revealed that FBI agents in his case had deliberately not informed Flynn that false statements on his part could constitute a crime, and had decided not to "confront" him directly about anything that contradicted their knowledge of his listening communications Russian Ambassador Sergey Kislyak
A memo written by FBI Deputy Director Andrew McCabe , stated that he had called Flynn and that he "explained that the quickest way to do that was to have a conversation between [Flynn] and the agents only … […] In addition, I stated that if LTG Flynn wanted someone else, such as the White House Council, for example, to attend the meeting, I would have to appeal to the Ministry of Justice. "
Court documents also show that the FBI interview report documenting Flynn's statements – known as "FD-302" – was dated August 22, 2017, nearly seven months after the holding of the Interview with Flynn at the White House. In addition, the 302 filed by Mueller apparently depicts an interview. conducted by the federal authorities on July 19, 2017, not with Flynn, but with Peter Strzok, the agent who conducted the interview with Flynn and who stated that he did not feel that Flynn was lying at the time. ;time.
Strzok was fired from the July Russia investigation – just days after apparently giving the interview that formed the basis of the 302 – for his apparent anti-Trump bias. No audio recording or other transcription of Flynn's comments to the FBI has been produced and none appears to exist. [19659003] It is not clear from Mueller's much-redacted Friday report that the Flynn interview report with 302 written statements, according to which the FBI policy should have been written shortly after the holding of the Interview, already existed. Mueller was required to hand over all memos and documents relating to Flynn to the court.
THE FBI ANTI-TRUMP AGENT'S PHONE FALLED AFTER THE MUELLER LAUNCHES IT FOR BIAS – A RECORDS AGENT MAY RECALL WHEN TELEPHONE [1945900]]
Additional material published by the Mueller team Friday in response to the order of Judge Sullivan reveal that the decision to interview Flynn about his contacts with the Russian ambassador was controversial within the ministry of Justice. An FBI document, Sally Yates, then Acting Attorney General, "was not happy" when Comey informed him that the FBI was planning to speak to Flynn.
The report also stated that several anonymous people at the FBI headquarters "later quarreled over the FBI's decision to interview Flynn." January 23, 2017 – a day before the interview, the Washington Post , citing FBI sources, reported that the FBI had tapped Flynn's conversations with Russian officials and had it cleared of any wrongdoing. [19659013] Former FBI director James Comey , accompanied by his lawyer, David Kelley, right, addressing reporters after a day of testimony before the House Judiciary and Oversight Committees, on Dec. 7 at Capitol Hill, Washington. "/> [19659012 Former FBI director James Comey with his lawyer, David Kelley, right, speaking to reporters after a day of testimony before the House Judiciary and Oversight Committees, at Capitol Hill, in Washington, DC December 7th.
(AP Photo / J. Scott Applewhite)
Comey admitted last week that he had personally ordered two FBI agents to discontinue the usual protocol by interviewing Flynn at the White House, believing that the FBI could get away with it, very early in the Trump administration, which he describes as disorganized
Judge Sullivan technically has the power to quash the plea Flynn's guilt and dismiss the case in its place if it denounces the government's misconduct or believes that the plea would constitute a miscarriage of justice.
Sullivan – who overturned the conviction of former US Senator Ted Stevens in 2008 after the revelation of the government's misconduct – could take such a drastic step if he concluded that the FBI had concealed the statements of the Defense witnesses The Flynn team has no factual basis to justify its facts or improperly compelled Flynn not to call a lawyer during its decisive interview in January 2017.
[19459006GREGGJARRETT:MICHAELFLYNNISINNOCENT
When addressing "Fox News Sunday" earlier in the day, Trump's lawyer, Rudy Giuliani, stated that Flynn had been "barred "and" framed "- and even though Giuliani acknowledged that Flynn had lied to Vice President Pence about his In his communications with Russia, he said the FBI's conduct was still wrong.
"What they did to General Flynn should be punished," said Giuliani. "They are the ones who break the law."
HOW FLYNN was pushed to have no lawyer
In a tweet on Sunday, Comey showed no sign of retreating, presiding with force Trump as a "liar" for criticizing the federal authorities' attack on his former lawyer, Michael Cohen.
"Do not forget, Michael Cohen only became a" rat "when the FBI did something absolutely unthinkable and unheard of until the witch hunt unlawfully started Trump wrote on Twitter early Sunday. "They went into the office of a lawyer! Why did not they enter the DNC to take Crooked's server or office?"
In April, federal agents searched Cohen's home, office, and hotel room as part of their investigation of a bank. accusations of fraud and campaign financing that he then confessed to having committed At the time, Trump had called the move "d". attack against our country "and noted that" the solicitor-client privilege is dead. "
But later in the evening, Comey pointed out that agents had acted in accordance with a lawful search warrant. sheltered from searches – especially when they are suspected of committing wrongdoing on behalf of their clients
The FBI totally omits the judicial committee's deadline for explaining the mysterious RAID on Clinton Whistblbler
the president of our country who lied about the lawful enforcement of a search warrant issued by a federal judge, "wrote Comey on Twitter. "Shame on Republicans who do not speak for the moment – for the FBI, the rule of law and the truth."
Any communication with lawyers in connection with a new crime is generally not protected by any privilege. A special judge of the Federal Court appointed a special captain in this case to ensure that Trump's privileged communications are separated from unprivileged communications.
Cohen, who, as Trump's attorney, could also compromise Trump's solicitor-client privilege by disclosing their communications himself, was sentenced this week to 36 months in prison.
The former Trump loyalist had previously asserted in court that he had committed a funding violation of Trump's "on order" campaign – although leading legal experts and a former public servant Federal President of the Electoral Commission said that it was often extremely difficult to obtain a criminal conviction for such alleged violations.
Comey testified earlier this month in camera with House Republicans probing her surveillance of emails sent by Hillary Clinton and the beginning of the investigation in Russia. . He is expected Monday for more testimonials.
After being questioned for the first time by House Republicans on December 7, Comey scoffed at the GOP – who will lose a majority in the House in January, as well as his subpoena. power – as supporters without hope.
"Today, it was not a search for the truth, but a desperate attempt to find all that could be used to attack the institutions of justice that were investigating this president," he said. declared Comey. "They arrived empty today, but will try again, and in the long run it will not make any difference because the facts are stubborn."
COMEY ADMITS THE PROTOCOL OF BREAKING FBI AGENTS, INTERVIEW WITH "FLYNN INTERVIEW
One of the key points of questions asked by legislators was Comey's decision to draft the 2016 statement recommending not to bring criminal charges in Clinton's e-mail inquiry even before the former secretary of state was questioned, as well as the alleged political leader . bias in a large number of text messages and leaks from senior FBI officials.
"What they did to General Flynn should give rise to disciplinary action."
– Trump's lawyer, Rudy Giuliani
But a Justice Department lawyer prevented Comey – – who had briefly sued to avoid testifying in camera before dropping that effort – to answer all questions of Republicans, according to the legislator at the hearing.
A 235-page Transcript of Comey's Remarks The questions that were put to him were subsequently released, pursuant to an agreement reached by the chairman of the Judiciary Committee of the House, Bob Goodlatte, R-Va., and the Chairman of the House and Government Oversight Committee, Trey Gowdy, RS.C
. Comey said "I do not know" or "I do not remember" in response to dozens of questions about key details about his tenure as FBI leader.
He was asked when he remembered who had written the FBI's "Initiation Document" for the Russia Inquiry in July 2016, Comey replied, "I do not know it. "He again stated that he did not know anything about involvement in this Strzok initiation, which anti-Trump texts subsequently removed from him."
Asked if the FBI had evidence that someone in the Trump campaign had conspired to hack the DNC server, Comey gave a long answer referring to the fact. Special advocate Robert Mueller's inquiry into why he could not answer.
J uly of (2016) that anyone in the Trump campaign conspired to hack the DNC server? "I do not think that the FBI and the special advocate want me to answer questions that might be related to their investigation into the "Russian interference in 2016. And I'm afraid it exceeds the limit."
When Gowdy insists more on what "Comey once again said that answering this question would be a" slope "that would require him to reveal what the FBI" knew or did not know about Russia's activity "in Regarding the Election of 2016.
"You can not tell us, or you will not tell us?" Gowdy asks.
"Probably a combination of both … To the extent that I recall the facts developed in our investigation of the Russian interference and the potential link of the Americans, I think that is a question to which the FBI does not want me to answer, so it's both impossible and unpleasant, "said Comey.
MORE DETAILS: COMEY ROUND-ONE TRANSCRIPT ACHIEVED
The former director of the FBI went on to say that everything related to Mueller's investigation, to his knowledge, would be "prohibited" because it is an ongoing investigation.
Comey was also confused about the possible funding by Democracy of research devoted to the controversial and unverified anti-Trump case.
When he learned that the cabinet behind the file, Fusion GPS, had been hired by the Perkins Coie law firm – and when he learned that the firm had been hired by the Democratic National Committee – Comey responded: "I never learned that" as a director. 19659003] Comey also claimed to not know the key details regarding the involvement of Christopher Steele, the former British spy at the origin of the case.
Asked about when Steele had been "removed from office" as an FBI source, Comey responded that he did not know. 19659003] Question about the submarines of Steele Comey, an official of the Ministry of Justice, Comey said: "I do not know anything about it."
Maria Bartiromo of Fox Business Network and Judson Berger of Fox News contributed to this report.
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