Days after the Department of Justice filed to dismiss its criminal case against former White House national security adviser Gen. Michael Flynn, one top Republican is sounding the alarm about a critical document “missing.”
During an interview on Fox News’s Sunday Morning Futures, House Intelligence Committee ranking Republican Rep. Devin Nunes said the FBI’s original interview summary with Flynn can’t be found.
Nunes said top FBI officials and other sources told lawmakers behind closed doors that the bureau did not believe Flynn lied when interviewed by two agents in January 2017.
“The original report that was used to brief the United States Congress, that report is missing. It’s gone, poof, we can’t find it,” Nunes told Fox Business anchor Maria Bartiromo.
Nunes said he was shocked to learn later that leaks to the media saying Flynn was “being busted” for lying about his contacts with a Russian envoy during the presidential transition period.
Nunes seemed to be suggesting that top brass at the FBI may have deleted or severely altered Flynn’s original interview summary to make it better fit their goal, which was to charge him.
Flynn pleaded guilty in 2017 to lying to the FBI about his conversations with Russia’s ambassador to the United States but later declared his innocence and argued he was set up by the FBI.
The DOJ filed to dismiss its criminal case against Flynn last Thursday, and now a federal judge overseeing the case will have to make the final determination on whether to dismiss it.
The Justice Department said in a court filing that after reviewing newly disclosed materials, it agreed with Flynn’s attorneys that his interview with the FBI should never have taken place because his conversations with the Russian diplomat were “entirely appropriate.”
Sidney Powell, Flynn’s lead attorney, said later on Sunday Morning Futures that the defense team has the raw notes from Flynn’s interview but not the FBI summary, known as a “302,” which was what Nunes said is nowhere to be found.
Both Nunes and Powell also noted that text messages between former FBI officials Peter Strzok, one of the agents who interviewed Flynn, and former FBI lawyer Lisa Page show they “doctored” the summary.
In the newly released documents, we learned that the FBI had drawn up paperwork to close the case against Flynn, but fired agent Peter Strzok made a last-minute move to keep it open.
Strzok was fired for sending countless anti-Trump text messages to Lisa Page, a former FBI lawyer with whom he was having an affair. Strzok played a critical role in going after Flynn, the new documents reveal.
Here’s more on the explosive new documents released:
Handwritten notes from the Federal Bureau of Investigation (FBI) that had been inappropriately withheld from Flynn’s defense team for years show that a key goal of the agents investigating Flynn was “to get him to lie so we can prosecute him or get him fired.”
In the handwritten FBI notes, the note-taker, whose identity was not made clear in the document production, wrote that an alternate goal is to “get [Flynn] to admit breaking the Logan Act,” a reference to a 1799 law restricting communications between private citizens and foreign governments.
One could certainly make the argument that top brass at the FBI — such as Strzok and Page — may have deleted or altered Flynn’s original interview summary to make it better fit their goal, which was to charge him.
Senate Majority Leader Mitch McConnell also made some explosive comments, going as far as saying the new evidence could “warrant additional charges against” top brass at the FBI.