President Trump questioned on Thursday night what happened to the original 302 report in the Michael Flynn case.
“Where is the 302? It is missing. Was it stolen or destroyed? General Flynn is being persecuted!” Trump tweeted about the document that summarizes agents’ witness interviews.
Where is the 302? It is missing. Was it stolen or destroyed? General Flynn is being persecuted! #OBAMAGATE
— Donald J. Trump (@realDonaldTrump) May 15, 2020
During a recent interview with Fox Business anchor Maria Bartiromo, Rep. Devin Nunes (R-CA) said the original 302 is missing.
"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," he told her.
NUNES: Well, the 302 is still missing, Maria.
So here is what we know. This report, when it was taken down, after that report was transcribed, we had people at the highest level, the FBI, come and brief us. Plus, we have other sources that also gave us the same information that the FBI agents essentially said, look, there's nothing to see here, Flynn wasn't lying.
And that's what we were told on the record. So we knew this at the beginning of 2017. So you can imagine my astonishment when it began to leak out in the press that General Flynn was being busted for lying to the FBI, and that that's what the Mueller team, the dirty Mueller team, that's what they were going to bust him on.
BARTIROMO: Yes.
NUNES: And I told people at the highest levels of the FBI and the DOJ, I said, what are you doing here? Like, we have, on the record, from the highest-level people that he didn't lie to the FBI. So, you know, I don't care.
If that's what you're using, if you're going to drop the charges on Flynn's son or whatever conspiracy theory they were pedaling against General Flynn they had no possible way to bust him or indict him for lying to the FBI, because then that means that the FBI had lied to us, OK?
Now, so what happened? What happened is that that report was doctored, Maria.
And that report, we know it was doctored, because the lovebirds, we have the text messages of them doctoring the report. But here is the problem.
BARTIROMO: That's right.
NUNES: The original report that was used to brief the United States Congress, that report is missing. It's gone. Poof. It's out of -- we can't find it.
BARTIROMO: Unbelievable. And it was doctored. OK.
NUNES: And I would think that's something that we should have, and that's something that General Flynn should have. (RCP)
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Flynn's attorney Sidney Powell explained that FBI agents "schemed and planned" how they could avoid tipping him off that he was the subject of the investigation. When then FBI Director James Comey sent agents over to talk to him, he "saw them as allies," she explained. "They encouraged him to stay that way."
“These agents specifically schemed and planned with each other how to not tip him off that he was even the person being investigated,” she said. “In fact, according to Comey's testimony that's attached to the exhibits they filed in the motion to dismiss, they just simply said, we'd like to send a couple agents by to talk to you."
She continued: “They deliberately did not tell him about 1001 [the statute that makes it a federal felony to lie to agents] because they didn't want to trigger the slightest suspicion in his mind that he was being investigated or should be concerned about anything.”
Powell said the edits to the 302 were not "largely grammatical and stylistic" as the FBI had claimed, but were "substantial alterations."
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