Opinion

As everyone even President Donald Trump is wondering about the fate of the FBI’s original FD-302 report [The form that the government uses to memorialize an interview. An FBI form of reporting.] on the former National Security Adviser Michael Flynn case that officials said vanished, Twitter detective Undercover Huber’s findings may shed light on why the document is missing. 

Rep. Devin Nunes (R-Calif.), ranking member of the House Intelligence Committee, told Fox Business’s Maria Bartiromo that the original 302 document has vanished. Nunes said the document was written and transcribed and recalled FBI sources saying, “Look, there’s nothing to see here, Flynn wasn’t lying.”

“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,” Nunes said. “And that, that’s what the Mueller team—the dirty Mueller team—that’s what they were going to bust him on.”

“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,” he added.

Flynn’s legal teams sought every document pertaining to the Jan. 24, 2017, interview with agents after allegations that FBI officials manipulated the original 302 report. However, any of them haven’t been able to obtain the document.

Undercover Huber noted on his Twitter account that Flynn’s original lawyers at Covington & Burling asked for a copy of the 302 report twice in November 2017 but they were refuted by the Special Counsel Office (SCO). They later were threaten by SCO that they might be a fact witness against Flynn for preparing his FARA [Foreign Agent Registration Act] filings. FARA  is a United States law passed in 1938 requiring that agents representing the interests of foreign powers in a “political or quasi-political capacity” disclose their relationship with the foreign government and information about related activities and finances. 

Undercover Huber explained:

“The SCO [Special Counsel Office] claimed they couldn’t turn over the FD-302 because it would “reveal” parts of their overall Russia interference investigation. But even the edited version of the Jan 24, 2017, interview shows Flynn wasn’t asked about Russian interference or anything remotely like Collusion …

So the SCO wouldn’t be “revealing” anything legitimate about its Russian interference investigation by turning over Flynn’s FD-302—any of them, even the heavily edited versions filed weeks after the interview.

Of course, what turning over the 302 would have really revealed is likely a document stating that the agents didn’t believe Flynn was lying, and metadata proving that it went through weeks of editing and polishing in violation of FBI policies…

The SCO turned over zero documents to Covington that would make them change their assessment of Flynn’s innocence. In fact, had the SCO turned *anything* over, it would have strengthened the view that Flynn could mount a strong defense against any false statement charge.

Examples:

  • Comey’s testimony that both agents didn’t think Flynn lied
  • 302 – likely says the same thing
  • Closing EC for “Razor”, showing the FBI wanted to close its own case
  • Kislyak transcript
  • That no Logan Act EC existed opening a new case
  • Strzok/Page texts showing bias

Undercover Huber argued that because the SCO could not turn over any of these documents, they “change the dynamic” by leaking to the press that they were going after Flynn’s son unless he plead guilty.

Newly unsealed footnotes from the FBI in recent weeks raised question as to whether Brandon Van Grack, a Justice Department prosecutor and former member of special counsel Robert Mueller’s team, complied with a court order to produce favorable evidence to Flynn.

Van Grack has been obligated to comply with D.C. District Court Judge Emmet G. Sullivan’s standing order in the Flynn case to produce all evidence in the government’s possession “that is favorable to defendant and material either to defendant’s guilt or punishment.” However, Van Grack didn’t inform the court and didn’t provide evidence to Flynn that the FBI Washington Field Office decided to close his case on Jan. 4, 2017, and fired-FBI agent Peter Strozk’s intervention to keep the investigation open.

Earlier this month, Van Grack abruptly withdrew from Flynn’s case and other unrelated cases without explanation.