Gen. Flynn was set up by FBI, told no lawyer needed when FBI sprang its perjury trap
The sentencing memo submitted by lawyers for General Michael Flynn contains details that ought to outrage anyone not consumed with hatred and desire for vengeance against anyone who worked for President Trump, however briefly. Simply put, he was misled and bamboozled into a trap, based on the FBI's own documents.
Byron York presents a superb account of the disgraceful entrapment of a distinguished general, which I urge you to read in its entirety.
DIA official photo.
He begins with a general summary:
Former FBI Deputy Director Andrew McCabe, who arranged the bureau's interview with then-national security adviser Michael Flynn at the White House on Jan. 24, 2017 – the interview that ultimately led to Flynn's guilty plea on one count of making false statements – suggested Flynn not have a lawyer present at the session, according to newly-filed court documents. In addition, FBI officials, along with the two agents who interviewed Flynn, decided specifically not to warn him that there would be penalties for making false statements because the agents wanted to ensure that Flynn was "relaxed" during the session.
The new information, drawn from McCabe's account of events plus the FBI agents' writeup of the interview – the so-called 302 report – is contained in a sentencing memo filed Tuesday by Flynn's defense team.
The practice of the FBI not recording interviews but rather relying on agents' notes ought to have ended a generation or more ago. The potential for abuse is obvious. At the end of the article, York notes:
In one striking detail, footnotes in the Flynn memo say the 302 report cited was dated Aug. 22, 2017 – nearly seven months after the Flynn interview. It is not clear why the report would be written so long after the interview itself.
I suspect the requirement of Miranda notifications of right to counsel probably does not apply here, as Flynn was not under arrest. But with most television viewers able to recite from memory the mandatory Miranda notice that begins, "You have the right to remain silent...,"the widespread impression that Flynn was treated unfairly is inevitable, at least if this gets any coverage in media they read. I know, it's a slim hope...