I want to help the average citizen understand how egregious and dishonest the Mueller team was in bringing charges against Michael Flynn for lying to FBI agents about what he said to Russia's Ambassador in a telephone conversation, which was likely intercepted by the CIA. Michael Flynn did not do a damn thing wrong in that conversation and the notes from FBI agents Strzok and Pientka, which Sidney Powell finally pried loose after more than two years of the prosecutors hiding exculpatory evidence, do not support the Statement of Offense.
I suspect most of you reading this have never read the Statement of Offense. I am going to let you read for yourself the salient portions:
b. On or about December 28, 2016, the Russian Ambassador contacted FLYNN.
c. On or about December 29, 2016, FLYNN called a senior official of the Presidential Transition Team ("PTT official"), who was with other senior members of the Presidential Transition Team at the Mar-a-Lago resort in Palm Beach, Florida, to discuss what, if anything, to communicate to the Russian Ambassador about the U.S. Sanctions. On that call, FLYNN and the PTT official discussed the U.S. Sanctions, including the potential impact of those sanctions on the incoming administration's foreign policy goals. The PIT official and FLYNN also discussed that the members of the Presidential Transition Team at Mar-a-Lago did not want Russia to escalate the situation.
d. Immediately after his phone call with the PIT official, FLYNN called the Russian Ambassador and requested that Russia not escalate the situation and only respond to the U.S. Sanctions in a reciprocal manner.
e. Shortly after his phone call with the Russian Ambassador, FLYNN spoke with the PTT official to report on the substance of his call with the Russian Ambassador, including their discussion of the U.S. Sanctions.
Got that? Michael Flynn acted professionally and followed protocol. The Russian Ambassador called him. General Flynn called K. T. McFarlane, who was at Mar a Lago with the Trump Transition Team and asked for guidance on whether or not to respond and, if he was going to respond, what to say.
Michael Flynn's communication with Ambassador Kislyak was appropriate and wise–he asked the Russian Ambassador not escalate the situation and only respond to the U.S. Sanctions in a reciprocal manner. Please tell me what the hell is wrong, nefarious or stupid about that? NOTHING. Michael Flynn could have told the Russian that Obama was a moron and could have promised, "we will eliminate those sanctions on day one." He did not do either. Mike Flynn conducted himself with discretion and with professionalism.
But there is one other important piece of news in this Statement of Offense. Someone in the Obama Administration INTERCEPTED Mike Flynn's phone call to the Presidential Transition Team (aka PTT). Who did that? The NSA? The CIA? The FBI? That question needs to be answered because there was no legal basis to intercept this conversation.
As I noted in my previous article (see here), this was the conversation that Jim Comey and Andrew McCabe wanted to use as the pretext and predicate for keeping the investigation of Michael Flynn open.
Here is what Agents Strzok and Pientka wrote in one of their initial drafts of the 302 (i.e., the FBI record of their interview with Michael Flynn). Note–the original draft is still missing in action. The FBI is either incompetent or hiding it.
Michael Flynn said, according to Agents Strzok and Pientka, "I DON"T REMEMBER."
At no point did the Agents give him the chance to review the transcript, which they had in their hot little hands.
And Peter Strzok, in a subsequent interview with FBI Agents working for the DOJ Inspector General, said this on July 19, 2017:
The record is very clear and you should now be able to understand why Michael Flynn's attorney was so outraged and why the Department of Justice is dismissing charges against Michael Flynn.
Robert Mueller and his prosecutors lied. Michael Flynn did not. It is that simple.