Michael Flynn and FBI Misconduct

Yesterday Fox News posted an article about the case of Michael Flynn.

The article reports:

“I did not lie to them.”

With those words in a declaration and supplemental motion filed Wednesday, former national security adviser Michael Flynn formally asked a federal judge for permission to withdraw his guilty plea for making false statements to two FBI agents in the White House back on Jan. 24, 2017.

In a sweeping argument that took aim at the bureau’s “outrageous” conduct, Flynn’s legal team highlighted a slew of information that has come to light since Flynn’s plea — including that no precise record of Flynn’s statements to the agents exists and that the original handwritten FD-302 witness report from the interview is “missing,” with subsequent versions later “edited” in some undisclosed manner by anti-Trump FBI officials.

Moreover, Flynn’s team maintained he had no reason to lie about his communications with the Russian ambassador concerning how the country should respond to sanctions imposed by the Obama administration, or a then-pending vote on Israel in the United Nations. After all, Flynn said, he knew federal officials “routinely monitor, record, and transcribe” conversations like the ones he had with Russian diplomats.

The article continues:

Horowitz further revealed that Pientka (FBI Agent Joe Pietnka) was part of an apparent undercover operation to essentially spy on the Trump campaign and Flynn during a routine intelligence briefing in August 2016.

Pientka’s “participation in that presidential briefing was a calculated subterfuge to record and report … anything Mr. Flynn and Mr. Trump said in that meeting,” Flynn’s lawyers wrote. Morever, the FISA court itself has rebuked the FBI as a whole, the filing noted.

Pientka “bore ultimate responsibility for four falsified applications to the FISA court and oversaw virtually every abuse inherent in Crossfire Hurricane — including suppression of exculpatory evidence,” Flynn’s team added.

The FBI has repeatedly refused to respond to Fox News’ request for clarification on Pientka’s status, even as Republicans in Congress have sought to question him.

The article concludes:

In December, U.S. District Judge Emmitt Sullivan had seemingly crushed Flynn’s hopes for ditching his guilty plea, saying that Flynn had waived his constitutional rights to obtain exculpatory information by pleading guilty.

Then, earlier this month, Flynn moved to withdraw his guilty plea for this first time —  just days after the Justice Department reversed course to recommend up to six months of prison time in his case, alleging he was not fully cooperating or accepting responsibility for his actions.

On Wednesday, the govenrment kept its recommendation of between zero and six months in prison, but specifically stated it would not “oppose” a sentence of probation. That walkback was notable, and signaled that Flynn likely will not serve time in prison.

Flynn’s lawyers, earlier this month, argued that “because of the government’s bad faith, vindictiveness and breach of the plea agreement,” Flynn’s plea should be withdrawn. That led to Wednesday’s supplemental filing — and, perhaps, new life for Flynn’s defense team.

Please follow the link to read the entire article–it includes a lot of significant details. I hope that Michael Flynn is not only exonerated, but reimbursed for the legal expenses he has incurred defending himself from a smear campaign.