USA TODAY International Edition
Trump says FBI notes exonerate Flynn
But legal analysts say that isn’t the case
WASHINGTON – President Donald Trump claimed Thursday that newly released FBI notes exonerate former national security adviser Michael Flynn, even though he pleaded guilty to charges of lying about contacts with a Russian ambassador.
The notes have given Trump and his allies new ammunition to argue that the FBI unfairly targeted him and his aides during the Russia investigation. Legal analysts said the president and his people are distorting the contents of the notes, which focus on a 2017 interview in which Flynn apparently lied to agents about his contacts with Sergey Kislyak, the Russian ambassador to the United States.
“They tormented him – dirty cops tormented Gen. Flynn,” Trump told reporters Thursday while suggesting he would pardon his ex- aide if he is unable to withdraw his guilty plea.
“If you look at those notes from yesterday, that was total exoneration,” Trump said.
Less than a month after taking office in 2017, Trump fired Flynn as national security adviser. Flynn has asked a federal judge to allow him to withdraw his 2017 guilty plea for lying to the FBI. Flynn claims that he was coerced into making that plea and that the FBI framed him as part of an effort to embarrass Trump.
While seeking to withdraw his guilty plea, Flynn’s case has been stalled in federal court for more than two years as his defense team alleges a government conspiracy to frame him.
Four pages of emails and documents, unsealed Wednesday, show FBI officials preparing for an interview with Flynn in January 2017. The documents show investigators mulling over what to tell Flynn and how to handle the investigation into Flynn’s communications with the Russian ambassador weeks before Trump took office.
“What is our goal? Truth/ Admission or to get him to lie, so we can prosecute him or get him fired?” according to a page of notes. “We regularly show evidence, with the goal of getting them to admit their wrongdoing.”
The notes also show that investigators predicted Flynn would lie to the FBI and mulled over how to respond.
“If we get him to admit to breaking the Logan Act, give facts to DOJ & let them decide,” according to the notes, which referred to the law forbidding private citizens from corresponding with foreign governments. “Or, if he initially lies, then we present him ( redacted) & he admits it, document for DOJ & let them decide how to address it.”
“If we’re seen as playing games, WH will be furious,” according to the notes, referring to the White House.
A second batch of documents unsealed Thursday shows that investigators were prepared to close the investigation on Flynn but decided to keep the probe open.
Legal analysts called the FBI notes run- of- the- mill, and said FBI agents had good reason to believe Flynn had lied repeatedly.
“They were debating how to approach him about the lie,” said Bradley Moss, a national security lawyer. “Law enforcement does this kind of thing on a routine basis. The only difference is it’s usually not with a powerful White House staffer.”