So Where's the 302, Bob? Endgame Nears for Mueller
The whiny submission of Mueller's SC to Judge Emmet Sullivan this afternoon, reeks of panic desperation and arrogance. There's also a critical piece of evidence missing. As Rex explains, Mueller can whine all he wants. None of it will wash with Judge Emmet Sullivan, who will now be incandescent with fury.
After reading General Flynn's bombshell pre-sentencing memorandum earlier this week, Judge Sullivan on Wednesday ordered Mueller's team to produce to turn over all of the government's documents and "memoranda" related to Flynn's questioning.
The whiny and petulant response by Mueller and his goons reads more like a press release for FakeNews.
In the real world, however, it is damning.
Not for General Flynn.
It's damning for Mueller's SC, Andrew McCabe and Peter Strzok.
You could argue that what is missing in Mueller's response, is more important than what's included.
What's included? A self serving, bizarre 302 based on a 22 August 2017 interview conducted by Mueller's SC, of the lamentable Peter Strzok, just days before Strzok was removed from Mueller SC.
The 22 August interview is about Strzok's 24 January 2017 interview, with General Flynn.
Note - 22 August 2017. Seven months after the Jan 24 interview.
Yes. You did read that right.
If your reaction to this is along the lines of 'What the Duck?', you're not quacking alone.
Where's the January 302, Bob?
Initially, many of us thought this August 22 interview was a modification of an original 302, written after the January 24 interview.
That would have been suspicious enough. But the reality seems even worse.
And what's missing from Mueller's response? The FBI 302 of the interview between General Flynn and the FBI's Peter Strzok and Joe Pientka, on 24 January 2017.
It seems that a January 302 may not even exist.
Look, there are only two alternatives : either there is a 302 of the Jan 24 interview between General Flynn, Peter Strzok and Joe Pientka, or there is not.
You would hope that any FBI agent interviewing the NSA of the President, would keep contemporaneous notes and record them in a FBI 302. It's not just because it is FBI policy to do so, within 5 days of the interview.
It's because of the importance of the officials involved. As stated, General Flynn was the NSA of an inaugurated US government.
But if there is a 302 of the January 24 interview, it has not been produced to Judge Emmet Sullivan. That's very disturbing. It raises the question : what evidence was used by Mueller to conclude that General Flynn lied to the FBI, in his January 24 interview?
Surely not just the word of the disgraced and fired Peter Strzok, seven months later? That's what it looks like. Because if there's no 302, it appears to indicate that the evidence used by Mueller to trap the General, was based on the interview between Mueller's SC and Peter Strzok, on 22 August.
This, even though the same Peter Strzok admitted that General Flynn did not appear to be lying, when he interviewed him with FBI agent Pientka, on 24 January.
What reasonable prosecutor could possibly conclude, based on that evidence alone, that General Flynn was lying to the FBI on 24 January?
None could, except a crooked and inconoetent one. Strzok's word is trash. A competent prosecutor would need more evidence than Strzok's word.
Exculpatory Evidence Not Disclosed to General Flynn
Consider also : none of this seems to have been disclosed by Mueller to General Flynn and his lawyers, during the process leading up to the General's guilty plea. If it had been, would General Flynn have pled guilty?
No. Of course he wouldn't have. The General would have told Mueller to go pound sand.
Judge Sullivan MOAB : Incoming
These are police state tactics on steroids, by a rogue prosecutor who is not just crooked, but also incompetent. That's the conclusion Judge Sullivan is likely to reach this evening, as he considers how Mueller's SC has trashed due process, thrown the rule of law out the window and mocked his court.
Prediction? On 18 December, Judge Emmet Sullivan will throw this trash case out of court. But I think he's going to go further and ask for a DOJ investigation into prosecutorial misconduct.
And then I think AAG Whitaker is going to fire Bob Mueller and shut this probe down, perhaps on the same day if not soon after. It's a scandal that it continues to exist. What's being revealed here is an outrage.
General Flynn will then be cleared and pardoned. And then he will get to tell us all his story.
I, for one, can't wait to hear it.