On Friday, the Justice Department admitted in a response to Lt. Gen. Michael Flynn’s defense team through a curious turn of phrase that the original Flynn 302 “once existed.” In the same filing, they also claim that has provided “every draft of the January 24th” interview.
“Each contention is divorced from the facts,” federal prosecutors said in a 46-page filing Friday countering Flynn’s assertions of entrapment by the Obama administration.
Attorney Sidney Powell filed a motion a couple weeks ago saying that her client was set up by the FBI with an ambush interview, damaging leaks to the press, and that they altered the 302 summary report from his interview. A 302 summary report are the contemporaneous notes taken when FBI agent interviews a subject. Powell alleged that FBI lawyer at the time edited General Flynn’s 302 report and then lied to the Department of Justice about the edits made.
“The defendant’s protestations of innocence and being misled into a guilty plea are demonstrably false,” wrote prosecutor Brandon Van Grack, who handled Flynn’s case for Mueller and is now the lead prosecutor on it for the U.S. Attorney’s Office in Washington.
Van Grack dismissed Flynn’s lawyers’ claims that FBI changed their report from the interview in any significant way.
The DOJ submitted an argument Friday after Sidney Powell’s motion was filed a couple weeks ago. The DOJ replied that there were “no material changes made after 2/10/2017 to the draft of the January 24 interview report.”
Where are the original FBI notes taken on January 24th, 2017? The DOJ says that if they exist that they would not change the outcome.
DC reporter for Reuters Brad Heath pointed out that the federal document also says that it produced every draft.
The document both says that one of the drafts is missing and that the government has provided the defendant Michael Flynn with every draft from the January 24 interview 302 that was already handed over.
They also insist that agent Peter Strzok’s notes and were taken contemporaneously during the interview.
Compare his notes to the other FBI investigator in the room with Flynn Special Agent Joe Pientka.
Powell confirmed in a statement quickly after that there was some discrepancies in what government prosecutors filed on Friday that they will be exploring.
You can read the entire DOJ response to Flynn below.
Powell told the Washington Examiner Friday that “the prosecutors dwell in an imaginary alternative universe” and that “nothing excuses their conduct in this case — and apparently there indeed was an earlier 302.”
“Stay tuned for our reply,” Powell added.