It might have been Comey’s team but it was Obama’s agenda. Everyone on my team is pulling for Michael Flynn. These people who were involved in this coup with Obama are the scum bags of this country- no ethics or morals.
Wouldn’t it be justice if President Trump hired Flynn back into the intelligence bureau as the FBI leader and demoted Wray to dishwasher?
That would be a home run for sure.
Just keep everyone safe because Obama/Schumer/Pelosi/Schiff/Billary/Nadler are playing for keeps.
Justice Department does right by Michael Flynn in halting the Comey team’s agenda
James A. Gagliano
James A. Gagliano (@JamesAGagliano) worked in the FBI for 25 years. He is a law enforcement analyst for CNN and an adjunct assistant professor in homeland security and criminal justice at St. John’s University. Gagliano is a member of the board of directors of the Law Enforcement Legal Defense Fund.
May 8, 2020
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The Justice Department announced on Thursday afternoon that it was dropping criminal charges against President Trump’s short-lived national security advisor, Michael Flynn. The retired Army three-star general had been charged with misleading FBI agents in a January 24, 2017, interview at the White House about his conversation with Russian Ambassador Sergey Kislyak related to the Obama administration’s imposed sanctions in response to the Kremlin’s election-meddling.
President Trump tweeted his satisfaction with the decision Friday morning:
Flynn twice pleaded guilty to violation of Title 18 U.S. Code § 1001 (essentially, lying to a federal agent). But he had since sought to withdraw his plea as tranches of government-released evidence related to FBI/DOJ misconduct and malfeasance in the Crossfire Hurricane investigation exposed partisan political bias.
Even as social media apoplexy from critics of Attorney General William Barr reached an apex last evening, those who believe in one standard of justice for all knew this was the right call.
DOJ’s surprise filing with the court acknowledged the ignoble purpose behind the Flynn investigation. FBI agents had been dispatched to 1600 Pennsylvania Avenue by Deputy Director Andrew McCabe, with the approval of James Comey. McCabe purposely sidestepped protocols by failing to notify Acting Attorney General Sally Q. Yates, and ignored standard coordination processes with White House’s chief counsel or chief-of-staff. He even assured Flynn during a telephone call to set up the interview that he didn’t need an attorney.
In the filings to dismiss the Flynn charges, DOJ acknowledged that “after a considered review of all the facts and circumstances of this case, including newly discovered and disclosed information … the government has concluded that [the Flynn White House interview] was untethered to, and unjustified by, the FBI’s counterintelligence investigation into Mr. Flynn.” DOJ then concluded the interview was “conducted without any legitimate investigative basis.”
McCabe, now a law enforcement analyst colleague of mine at CNN, appeared on the network this morning to defend his actions, asserting that: “Flynn was not targeted. He was properly investigated in a well-predicated case. A case whose validity has been proven not just by those of us who were involved, but later by the Mueller investigation and after that by the inspector general’s investigation.”
I respectfully disagree.
There was disclosure after damning disclosure. Revelation after infuriating revelation. They all corroborate the sad truth that the Flynn White House interview was never designed to elicit information material to, and in furtherance of, the Russian election-meddling investigation. It was never about the Logan Act or violations of the Foreign Agents Registration Act. It was a nakedly prejudicial effort to ensnare the general in false statements related to the Kislyak conversation they had already intercepted and reviewed.
Collusion was a fever dream. They knew it. The interview’s sole purpose was designed to jam up the guy that they had come to loathe for his leading of “Lock her up!” chants at the 2016 Republican National Convention.
Or, as Crossfire Hurricane protagonist Peter Strzok later lamented in an August 26, 2016, text exchange with Lisa Page regarding his foray into a southern Virginia Walmart, “I could SMELL the Trump support.”
The Comey team had an agenda. That agenda was to do everything possible to prevent that dreaded smell from permeating the interior space of the White House.
Meanwhile, U.S. District Judge Emmet Sullivan had been weighing new charges from Flynn’s defense team of governmental misconduct in the withholding of crucial, potentially exculpatory evidence (under the Brady rule) that they argue would have affected his decision to plead guilty in the first place. Sullivan was poised to consider whether to dismiss the case on the charges of prosecutorial misconduct. But his rulings are never easy to predict. But it’s critical to point out as did The Wall Street Journal editorial board here:
“Beyond dispute is that prosecutors and the FBI failed in their obligation to hand over the information as they sought to coerce Mr. Flynn into accepting a plea deal or face financial ruin.”
But Flynn may not be out of the woods just yet. Sullivan could yet demand that DOJ lay out in open court specific rationale behind the decision to dismiss the charges. Judges are notoriously cranky when a defendant asks to withdraw a guilty plea, provided they were provided adequate counsel. And even though the other potential charges (Logan Act, FARA) Flynn acknowledged engaging in are never, ever, ever charged, Sullivan could certainly raise this issue. The court would certainly have difficulty in demanding DOJ prosecute a case where they are seeking dismissal. There is simply no judicial branch mechanism to compel prosecution. But it’s important to note that Flynn still has potential future legal hurdles to overcome.
Thursday’s decision by DOJ was an important development in the restoration of fundamental fairness in our country and put an exclamation point on the durable precept that the FBI remain apolitical in its pursuit of wrongdoing. Selective prosecution is a stain on our justice system.
This was the right call.