In early September, the U.S. Court of Appeals for the D.C. Circuit rejected Gen. Michael Flynn’s petition for dismissal and voted 8-2 to send the case back to judge Emmet Sullivan. The judge, who rejected the Department of Justice dismissal of the case, must now consider documents Flynn’s attorneys filed with the court on Thursday.
“General Flynn has a Sixth Amendment right to a public exoneration regarding the proceedings against him,” the documents state, “and the American people have a right to know the truth about the nefarious conduct and the people who committed it. The defense objects to any redactions and demands that the Government file these documents unredacted on the public record.”
In messages exchanged on the FBI’s “Lync” messaging system in October of 2016, FBI employees exchanged messages about the “Crossfire Road Show,” stating that they were “interested to see how this all plays out.” They knew exactly how bad it was: “I’m telling man, if this thing ever gets FOIA’d, there are going to be some tough questions asked.”
According to the documents, the “investigation” of General Flynn was first closed by November 8, 2016. The FBI agents write: “he said shut down Razor” [the operation against Flynn] and “so glad they’re closing razor,” closing Razor.” However [redacted] “was silent though, so who knows what he will want.” Was that Andy [McCabe]?”
FBI employees noted “that the decision to nsl [national security letter] finances for razor bought him time.” This shows their recognition that the issuance or request for national security letters for General Flynn’s financial information was a ruse to get more time to keep the “investigation” against him open. These Stalinist tactics mandate immediate dismissal of this case. Analysts recognized by December 5, 2016, it was not even a “logical investigative step” to seek General Flynn’s financial records at that time and that “this is a nightmare.
On that same day, analysts discussed NSLs as a pretext to buy time that also increased the risk of leaks. They also noted it was a topic that “makes no sense” since the argument was made back in August.
FBI employees discussed the January 5, 2017, briefing of Obama: “What’s the word on how O’s briefing went”? asked one employee, to which the other replied, “Don’t know but people here are scrambling for info to support certain things and it’s a mad house.” “Trump was right. Still not put together…why do we do this to ourselves. What is wrong with these people.”
FBI analysts knew it was so bad that they “all went and purchased professional liability insurance.”
The “concern when we got it was that there was a big leak at DOJ and the NYT among others was going to do a piece.” Further, “the new AG might have some questions…then yada yada yada…we all get screwed.” On January 13, 2017, FBI employees messaged that “someone leaked the Flynn calls with Kislyak to the WSJ.” In a response reeking with sarcasm, an FBI employee messaged “I’m so sorry to hear that. I’ll resume my duties as Chief Morale Officer and rectify that.”
Newly produced notes of Peter Strzok show that Strzok met with [deputy assistant attorney general] Bruce Swartz, Lisa, and George at DOJ on March 28, 2017, where he noted Flynn Intel Group “satisfied the registration obligation” and “no evidence of any willfulness.” Nonetheless, “Bruce” decided to issue subpoenas to Flynn Intel Group “and more.”
According to exhibits C and D: “The new Strzok-Page text messages show that Strzok played games with the FBI Sentinel serialization system and entry of 302s, Strzok and Page were pulling talking points from a Lawfare article, and “F’in Pamela Brown knows there were two phone call memos.” Further, “these text message reinforce how zealously Strzok and Page were working to oppose Trump’s election and subvert the peaceful transfer of power.”
Newly produced notes of Andrew McCabe show that at 5:15 p.m. on May 10, 2017, McCabe briefed the Senate Select Committee on Intelligence. They were trying very hard to pin something on General Flynn. According to an exhibit in the documents blackmail was “theoretically possible, not the strongest theory.”
According to Flynn’s attorneys Jesse Binnal and Sydney Powell, “The Government provided copies of the production with all necessary redactions for public dissemination. These documents evidence stunning government misconduct that mandates the immediate dismissal of this wrongful prosecution.” As the attorney’s conclude:
“There was no case against General Flynn. There was no crime. The FBI and the prosecutors knew that. This American hero and his entire family have suffered for four years from public abuse, slander, libel, and all means of defamation at the hands of the very government he pledged his life to defend. For these reasons and all those previously briefed, the Government’s Motion to Dismiss should now be granted with prejudice Instanter for multiple violations of Brady and the wrongful prosecution of General Flynn when the agents and prosecutors knew there was no crime. This hideous abuse of power and travesty of justice has only been exacerbated by the unprecedented and baseless rulings of this court, and it should not continue another day.”
As President Trump likes to say, we’ll have to see what happens.