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Tipsheet

Flynn Lawyer: The DOJ Has Yet to Hand Over Memo That Stuck a Knife in the Heart of this Witch Hunt

AP Photo/Manuel Balce Ceneta

The case against Michael Flynn is a corpse. It’s dead. There is no case and yet, this legal circus continues. The former national security adviser under President Trump was the victim of a political assassination attempt. He survived, but the damage is done. Flynn was one of the boogeymen in the Trump-Russia collusion allegation, which was exposed as a total myth. Not shocking since zero evidence of collusion was ever unearthed in that effort by members of the liberal media or Special Counsel Robert Mueller’s hyper-partisan investigative team. It doesn’t mean that they didn’t try—they did—but came up empty. 

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The basis for this entire witch hunt was the Trump dossier, a piece of political opposition research that was bankrolled by Democrats and the Hillary Clinton campaign. It was unverified nonsense that was used to go after Flynn, launch a spy operation against the Trump campaign, and secure a FISA spy warrant against Carter Page, a former Trump campaign official. The Russian collusion nonsense roped in Flynn, who after being investigated, the FBI found no evidence of wrongdoing. He made some phone calls to then-Russian Ambassador Sergey Kislyak, which were originally reported to possibly being smoking guns. Nope. They were run-of-the-mill calls that any incoming administration makes. They were also declared legit by then-FBI Director James Comey. And still, even with no evidence to go after him, the FBI still interviewed him over the calls. The agents reported back that they felt he didn’t lie to them. 

New evidence points now that former Vice President Joe Biden, who alleged that he didn’t know anything about the Flynn probe, was the one who suggested using the Logan Act to further go after Flynn around the time when the FBI was about to close its investigation into the former general. President Obama was recorded ordering the DOJ to get the “right people” on it. all of this was included in the notes of disgraced anti-Trump FBI Agent Peter Strzok. 

Flashforward to the Mueller probe rehashing the Flynn allegation, despite zero evidence, and then putting the screws to him, forcing him to plead guilty to the politically motivated “lying to the FBI” charges. Now, we have new documents being released to the Flynn team, but one of which, a memo from the DOJ, remains to be overturned. That piece of paper could be the holy grail in the sense that it reportedly exonerated the former Trump official before this wild goose chase reached its most absurd levels (via Jerry Dunleavy, Washington Examiner):

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Michael Sherwin, the acting U.S. attorney in the nation’s capital, said … that the documents handed over to Flynn’s defense team included handwritten notes from Strzok taken at a meeting on Jan. 25, 2017; notes from former Deputy Assistant Attorney General Tashina Gauhar at the same meeting; an internal DOJ document dated Jan. 30, 2017; and handwritten notes from then-acting Attorney General Dana Boente which were dated March 30, 2017. The notes remain sealed by the court.

[…]

Notes from Strzok released in late June show former Vice President Joe Biden raised the Logan Act during an early January 2017 Oval Office meeting about Flynn.

Documents declassified this year indicate that Strzok abruptly stopped the FBI from closing its investigation into Flynn in early January 2017 at the insistence of the FBI’s “seventh floor” after the bureau had uncovered “no derogatory information” on Flynn. Emails showed Strzok, along with FBI lawyer Lisa Page and several others, sought to continue investigating Flynn, even considering the Logan Act.

Notes from the FBI's head of counterintelligence, Bill Priestap, show him asking, “What is our goal? Truth/Admission or to get him to lie, so we can prosecute him or get him fired?”

[…]

An email from March 2017 by Gauhar and notes taken by her in May 2017 are mentioned a number of times in special counsel Robert Mueller’s lengthy 2019 report. Mueller found that the Russians interfered in the 2016 election in a "sweeping and systematic fashion," but he "did not establish" any criminal conspiracy between Trump and Russia.

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The judge presiding in this case, Emmet Sullivan, had turned this case into more of a circus, when he refused to drop the case after the DOJ filed a motion to dismiss, noting the history of misconduct; James Comey and Andrew McCabe were going to try and clip Flynn no matter what. Instead, he allowed amicus briefs from the most anti-Trump legal minds to be filed and appointed a former judge, John Gleeson, to fight the motion and possibly look into perjury charges. The DC Court of Appeals ripped apart Gleeson’s arguments and ruled that the judge drop the case. After all, there is none. Both parties want this dropped, with the prosecutor resigning months ago. Yet, it’s sort of hard to do that, regarding ego, when you sat up there and accused Flynn of being a traitor. Time to eat crow, judge. You were wrong. Eat it and move on. This legal fiasco has been embarrassing enough and it’s all due to your reckless actions. Set Flynn free. 

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