Special Counsel Responds to Judge Sullivan Request for FBI Notes – Fails to Submit Agent Pientka January Interview Notes…

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:

.

Link to pdf CloudLink to pdf scribd

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.

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696 Responses to Special Counsel Responds to Judge Sullivan Request for FBI Notes – Fails to Submit Agent Pientka January Interview Notes…

  1. Moultrie Flag says:

    “U.S. District Judge Emmet G. Sullivan ordered Mueller late Wednesday to turn over all of the government’s documents and “memoranda” related to Flynn’s questioning.”

    Mueller didn’t.

    Not one news story about how Sullivan reacted.

    Why is no one asking the right questions?

    Liked by 2 people

    • comradewhoopie says:

      The either needs to dismiss the Flynn charges citing prosecutorial misconduct or sentence Flynn to serve one day under house arrest.

      Liked by 1 person

      • aarmad says:

        The charges need to be dismissed and mueller and those responsible need to pay several million dollars to Flynn. He doesn’t need to serve any time and his record should be cleared! Then there should be an investigation into mueller, the doj, and the fbi!

        Liked by 3 people

  2. gsonFIT. says:

    I think at this point it doesn’t matter if there was or wasn’t a crime in any of this debacle. Innocence and guilt have become irrelevant. dems think they are right and our side thinks we are right (which seems the case to me). The victim in all of this is the American Justice system and the now blurred rule of law.
    Mueller’s case is circumstantial, political and off the original charge. Our great President feels he has to defend himself in the public arena because MSM is constantly picking at him. Michael Cohen allowed the government to break attorney/client privilege and plead to a non crime to further obfuscate.
    First we lost faith in the media. Now we cant trust the Federal police/DOJ and it appears the Judiciary itself is losing the people’s trust. What happens to a country when the integrity of their laws comes into doubt?

    Like

  3. TwoLaine says:

    The email brags that Strzok helped oversee the start of the Russia investigation at the bureau last summer, which would be “mid-year” 2016.

    Has anyone ever asked why the Russia election tampering wasn’t stopped, since they allegedly knew about it, and allegedly opened an investigation in “mid-year” 2016? That gave them, what, 5 or 6 months to stop it?

    They didn’t stop it because they created all of it out of thin air. Just like The Emporer’s clothes. It never happened. It is all an illusion. Fake meetings with fake contacts, all hired, baited and conducted by deep state operatives in all branches of our gubt, and at least 2 other countries’ gubts, all intent on taking down and stopping Candidate/GOP Nominee/President Elect/President TRUMP and anyone in his circle of influence, ever.

    I think the 2 ladies of the evening who wanted to sell their stories to the Enquirer were all a part of that plan, as was The Enquirer and Michael Coihen. Look at the timing. Ask yourself, if Michael Cohen taped everyone and everything, where is the tape of Donald J TRUMP telling him to do this so-called “dirty deed”? It doesn’t exist or we would have seen it by now. Lies and Fake News, all of it.

    Liked by 1 person

  4. Art2Ski says:

    Interesting analysis and theory on why McCabe was so intent on going after Flynn at American Thinker today: https://www.americanthinker.com/articles/2018/12/the_flynn_investigation_mccabes_personal_retaliation.html

    Liked by 2 people

  5. TwoLaine says:

    The “accused” ALL need to put their foot down and band together to expose this charade and coup on our President for what it was. There is strength in numbers and looking back at all the strings, it is very easy to see the picture of what actually went down here.

    When Comey goes out on the circuit and BRAGS about how they got one over on TRUMP’s White House, you know THE GIG IS UP!

    They have also spoiled the judiciary in our eyes. Judges swear to take an oath to the constitution. Why have more of them not stood up and said this is all a farce? ESPECIALLY the FISC?

    Liked by 3 people

    • aarmad says:

      And have you noticed there are FEW who will take a stand publicly and denounce what is happening. It is very discouraging. Most of the media will not speak of or publish anything in support of the President and his administration. It makes it seem like the President is the worst person on the planet. AND it goes on day after day. I don’t know what, but something must be done to turn the tide or I fear the President will be charged with a crime or impeached! OR BOTH!

      Liked by 1 person

  6. Tree observer says:

    So Mueller said Flynn was lying because he contradicted the WaPo article? Guess he couldn’t mention the illegal 702s that were collected on him.

    Like

  7. amr632 says:

    These actions by the FBI should worry everyone, regardless of what they think of the Trump administration. When I hear about this type of injustice this always comes to mind:
    First they came for the socialists, and I did not speak out—
    Because I was not a socialist.
    Then they came for the trade unionists, and I did not speak out—
    Because I was not a trade unionist.
    Then they came for the Jews, and I did not speak out—
    Because I was not a Jew.
    Then they came for me—and there was no one left to speak for me.

    This is a poem written by the German Lutheran pastor Martin Niemöller (1892–1984). It is about the cowardice of German intellectuals following the Nazis’ rise to power and subsequent purging of their chosen targets, group after group. Sound familiar.

    Liked by 3 people

  8. Franz Dorn says:

    Flynn’s attorneys need to get active and make motions and notify the judge of the missing 302. The judge is not an advocate and there is an ethical limit as to what he can do. Byron York and the good prof is right that there is something missing in this story .

    Like

    • Louisiana Tea Rose says:

      Dude, he already knows…another judge wouldn’t have even had “Brady’d” the prosecutor by demanding he produce exculpatory evidence…not every judge whips it out and plops it out onto the prosecutor’s case.

      Judge Emmet Sullivan is Mueller’s worst nightmare. And from what I’ve read about him, he WILL NOT BE THWARTED in revealing the ugly truth about the SC and all the shenanigans within. If he didn’t think there was a problem already, he wouldn’t have included specific request for the origination documents in the first place.

      Hope that cat has some serious Federal Marshall protection.

      Liked by 4 people

  9. Franz Dorn says:

    Flynn’s attorneys need to get active and make motions and notify the judge of the missing 302. The judge is not an advocate and there is an ethical limit as to what he can do. Byron York and the good prof is right that there is something missing in this story .

    Like

    • DrNo76 says:

      The judge has complete authority on its own, without any prompting or motion/request by Flynn’s attorneys, to enforce his Order and to do everything necessary to prevent and investigate a fraud upon the court.

      Like

  10. Franz Dorn says:

    Flynn’s attorneys need to get active and make motions and notify the judge of the missing 302. The judge is not an advocate and there is an ethical limit as to what he can do. Byron York and the good prof is right that there is something missing in this story .

    Like

  11. Bud says:

    This Judge knows what is going on……case will be tossed, Flynn completely exonerated.

    Like

    • Mike says:

      Andy McCarthy (National Review above) says there was no Joe Pientka written Flynn 302.
      If that is true,

      How come Sally Yates tells congress she didn’t read the 302 from the Flynn interview, implying there IS one?

      How come Page/Strzok texts refer to “F302 ready to launch” contemporaneously with the Flynn interview?

      How come Comey told congress, just last week, he didn’t remember if he read the Flynn 302, was briefed by the Flynn 302, or he read and was briefed on the Flynn 302 ?

      HEY ANDY! THERE WAS A FLYNN 302 DONE BY PIENTKA, AND FBI POLICY SAYS IT WAS SUPPOSED TO BE DONE WITHIN FIVE DAYS OF THE INTERVIEW!

      If we dismiss MURDER cases because the COPS and or the prosecutors LIED, withheld exculpatory evidence, or both, HOW DOES THIS continue? This is a case where the prosecution is asking for NO TIME. WTF?

      Like

      • Bonitabaycane says:

        Below, Comey responds to a question from Trey Gowdy. Through his testimony Comey establishes that an original Pientka 302 existed:

        Mr. Gowdy: “All right. So you would have, what, read the 302 or had a conversation with someone who read the 302?”

        Mr. Comey: “I don’t remember for sure. I think I may have done both, that is, read the 302 and then investigators directly. I just don’t remember that.”

        President Trump fired Comey on May 9, 2017, so the original Pientka 302 Comey read was written before then.

        Where is the original Pientka 302?

        Also, why was a new 302 drafted on August 22, 2017? And by whom?

        Like

  12. Suzebeez says:

    Didn’t it occur to anybody that Flynn might have considered his conversation with the Russian ambassador to be classified? Maybe he didn’t feel the FBI agents had the clearance to hear the substance of that part of his conversation, especially if he thought their meeting with him was informal.

    Liked by 2 people

  13. It was mistakenly reported by Shepard Smith that the Flynn 302 was enclosed. Others have made the same mistake. Some damage has already been done. The SC memo is not forthright with the court.

    Like

  14. Ken says:

    Better to investigate and air the prosecutorial abuses and raise the question of legitimacy of the SC. STATE THE INITIAL CRIME, whoops there is none the SC is outside the constitution! Go home show over.

    Like

  15. Jane Smith says:

    So, the question remains…was there ever a Flynn 302 written by Pientka on 1/24/17 and if so, where is it?

    Mueller hiding it from Judge Emmet Sullivan would achieve 2 goals:
    1. Prolong the Mueller witch hunt…which would have been discontinued because of prosecutorial misconduct long ago.
    2. Get the case against Flynn now thrown out so that Mueller’s crimes disappear.

    Like

  16. georgeMH says:

    If you can’t dazzle then with brilliance, baffle them with Bull Shirt.

    Like

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