The curious case against former National Security Adviser Michael Flynn gets even more curious as Robert Mueller doesn’t deliver the FBI notes (FD-302) from the January 2017 interview of Flynn, as requested by Judge Emmet Sullivan, and instead submits notes from an internal July 19th, 2017, interview with FBI agent Peter Strzok.
The filing by the special counsel team (full pdf below) is a must read.
The special counsel begins their filing by criticizing the approach taken by the Flynn defense in the defense sentencing memo; and attempts to validate/justify their charges against the accused. The details in their response to the judge’s request tell quite a story.
The attachments are very interesting. They begin with notes by FBI Deputy Director Andrew McCabe outlining the contacts with Michael Flynn prior to the FBI interview on January 24, 2017. McCabe did not inform main justice, Sally Yates, until after FBI agents were dispatched. The documents reveal Yates was not happy with McCabe’s decision.
FBI agent Peter Strzok and agent Joe Pientka were sent to the White House to interview Flynn only a few minutes after McCabe called Flynn. There was obviously a plan in place.
From the second attachment we discover that agent Strzok did all the questioning and agent Pientka took all the notes (screen-grab below). Those FD-302 interview notes, written by Pientka on January 24th, 2017, are part of the what Judge Sullivan ordered to be submitted. However, those notes are not included in the responsive Mueller filing.
“Strzok conducted the interview and [Pientka] was primarily responsible for taking notes and writing the FD-302.”
Where did Joe Pientka’s FD-302 notes go? They are not in the responsive filing despite the judge’s request.
Instead what we see is that FBI Agent Peter Strzok was interviewed internally by the FBI on July 19th, 2017. The FD-302 notes of that interview were written on July 20th, 2017 and submitted for entry on August 22nd, 2017. This is around the time that Strzok was working for the special counsel, and Robert Mueller was informed of the strongly biased text messages retrieved by the DOJ inspector general.
The July 19, 2017, interview notes with Strzok are the only FD-302 notes submitted with the filing.
Here’s the filing from the Special Counsel:
I’ll follow-up with more.
Remember, Strzok was hired by the special counsel on July 13th, 2017.
Strzok was interviewed by an FBI official on the special counsel team on July 19th, 2017 about the Flynn interview that took place six months earlier (January, 2017).
It was previously reported that Strzok was “fired” from the special counsel team in late July after the IG informed Mueller of the Strzok/Page issues. If true, that means Strzok gave this interview and was fired before it became an official FBI/Special Counsel record on August 22nd.
This time-frame deserves further scrutiny.