After Bombshell Claim, Judge Orders Mueller to Turn Over Flynn Interview Docs

U.S. District Judge Emmet G. Sullivan ordered Special Council Robert Mueller late Wednesday to turn over all secret government documents and ‘memoranda' related to Flynn's questioning related to his January 2017 interview. This comes after Flynn alleged in a court filing on Tuesday that the FBI pressured him into having no lawyer present for the interview.

The extraordinary demand puts Mueller under the microscope, and sets a 3:00 p.m. EST Friday deadline for the special counsel's office to produce the sensitive FBI documents.

Sullivan — who overturned the 2008 conviction of former U.S. Sen. Ted Stevens after government misconduct came to light — is weighing how to sentence Flynn, who pleaded guilty to one count of lying to federal authorities during the 2017 interview in the West Wing. Flynn faced mounting legal bills that forced him to sell his home amid the prosecution, and Mueller has already recommended he receive no prison time.

The judge's brief order states that Mueller can choose to file the materials under seal if necessary.

Sullivan also ordered the Flynn team to turn over the documents backing up its assertions. The judge could determine why the FBI apparently took a significantly more aggressive tack in handling the Flynn interview than it did during other similar matters, including the agency's sit-downs with Hillary Clinton and ex-Trump adviser George Papadopoulos.

Flynn is set to be sentenced next Tuesday — but Sullivan's move might delay that date, or lead to other dramatic and unexpected changes in the case. Sullivan even has the authority to toss Flynn's guilty plea and the charge against him if he concludes that the FBI interfered with Flynn's constitutional right to counsel, although he has given no indications that he intends to do so.

Federal authorities undertaking a national security probe are ordinarily under no obligation to inform interviewees of their right to an attorney unless they are in custody, as long as agents do not act coercively. Flynn's lawyers claimed in Tuesday's filing that FBI brass had threatened to escalate the matter to involve the Justice Department if Flynn sought the advice of the White House Counsel before talking with agents.

Sullivan, first appointed a judge by President Ronald Reagan in 1984 and then to the D.C. federal bench by Bill Clinton in 1994, could also assess why the two FBI agents who interviewed Flynn — including fired anti-Trump agent Peter Strzok — would have provided an Aug. 22, 2017 date on their so-called “302” report documenting what Flynn told them during their conversation at the White House.

The August date on the FBI 302 cited by the Flynn team is nearly seven months after the Flynn interview took place, and about a week after reports surfaced that Strzok had been summarily removed from Mueller's Russia probe because his persistent anti-Trump communications had surfaced.

President Trump tweeted about the Flynn case on Thursday.

Source: Fox News



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