March 17, 2020

Yesterday I noted that the world is still turning while we’re focused on the coronavirus and that important news is breaking now on the ‘deep state,’ particularly in the government’s case against Michael Flynn. I praised President Trump for saying he was “strongly considering” a full pardon for Flynn. When the President tweeted that, he likely had in mind the evidence that investigative reporter John Solomon has just made public.

As you know, Flynn was pressured into pleading guilty to lying to investigators when even his questioners had reported they hadn’t seen any sign of intentional deception. For months, Flynn’s defense attorney Sidney Powell has filed brief after brief, trying to get presiding Judge Emmet Sullivan to accept the withdrawal of his plea. I can’t imagine, with all the evidence he has now, that any judge would refuse to do that, but as you’ll see below, this one might.

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The documents described by Solomon, specifically notes from testimony of DOJ officials before the special counsel that were included in a letter to Flynn’s lawyers in 2018, show that there was internal concern about how the investigation of Flynn was being conducted. Suspicions that it was all a set-up –- apparently led by then-FBI Director James Comey –- are looking more and more on the mark.

This correspondence confirms Solomon’s earlier reports –- labeled “opinion” by his editors, though he has presented well-sourced information and is repeatedly proven right –- that Mueller’s team accepted Flynn’s plea of guilty to lying about his conversations with Russian ambassador Sergey Kislyak even though his interrogators had told the DOJ they didn’t think he was lying and simply had a faulty memory. Former acting Attorney General Sally Yates told the Mueller team that the FBI had briefed her on this and said the agents had characterized Flynn as “very accommodating.” (I would add that the man no doubt welcomed them into his office and never called a lawyer because he had no idea he was being set up.) She told them she was briefed that Flynn denied having a conversation about sanctions but that when nudged at one point, he’d said something like, ‘Oh, thanks for reminding me.”

Yates didn’t speak directly to Peter Strzok and Joe Pientka, the interviewing agents, but was told that their assessment was that Flynn showed no “tells” of lying and it was possible he really did not remember the substance of his calls with Ambassador Kislyak.

RELATED READING: What's happening with 'deep state' while virus infects news media

And there it is. MAYBE HE JUST DIDN’T REMEMBER. And for that, the FBI and special counsel pursued him ruthlessly in court, bankrupting him, forcing him to sell his house to pay attorneys and threatening to investigate his family, until he was simply tapped out and pleaded guilty to lying. (He had different representation at the time; perhaps this was their advice to him.) But it seems to have been over essentially NOTHING. Just on this point alone, Flynn deserves a full pardon from President Trump. But wait, there’s more.

Was this an “ambush interview,” as Solomon’s earlier reports have suggested? Well, yes. We already have Comey admitting as much on video; recall his public bragging that he just sent a couple of guys over to the White House to make it look casual. And now we have actual documentation. This correspondence relates former acting Assistant Attorney General Mary McCord’s concern, as expressed to Mueller’s team, that FBI agents didn’t tell Flynn he was under investigation and didn’t give him the usual notification that he could be charged with a crime if he misled the agents.

McCord told the Mueller team her understanding was that Flynn was being investigated to determine whether he had a clandestine relationship with Russia. But by January 30, 2017, the FBI had concluded that they did not believe he did, and had sent a memo to that effect to senior DOJ officials.

Recall that it was Sally Yates who had first brought up the ludicrous idea that Flynn might have violated the Logan Act (conducting foreign policy as a private citizen, a centuries-old law under which NO ONE had ever been successfully prosecuted). That concern was leaked to the news media, and this put pressure on Flynn to resign his new post as national security adviser, which he did.

Yet these newly-obtained documents show that there was internal dispute over whether or not a charge of violating the Logan Act was appropriate. According to the Mueller summary, “McCord said that upon learning of Flynn’s phone calls with Ambassador Kislyak, a Logan Act prosecution seemed like a stretch to her.” And it was. Not only was the Logan Act rarely even invoked, but Flynn wasn’t just a private citizen --- he was the incoming national security adviser! Of course he would be speaking in that capacity with the ambassador.

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Even former deputy FBI Director Andrew McCabe affirmed the accounts by McCord and Yates in his own interview with the special counsel. “McCabe and then-acting assistant Attorney General Mary McCord had many subsequent discussions about the Logan Act,” the memo said. “They believed prosecuting a Logan Act violation was a long shot.”

From the Mueller memo: “According to McCabe, after the January 24 interview with Flynn, the interviewing agents returned to the FBI and briefed McCabe. The agents believed Flynn seemed very credible in his interview. Everyone in the room thought it was amazing that the agents believed that Flynn seemed credible since he denied something that everyone else knew to be true.” (Note: they knew it to be true because they had been listening in on his phone calls with foreign officials. And, with his background in intel, he knew they had been listening. So why on earth would he intentionally try to fool them?)

One reason Trump tweeted about pardoning Flynn is that the FBI now claims the original 302s (interview notes with Flynn), which evidence shows may have been altered by Lisa Page, have been “LOST.” The DOJ told Judge Sullivan that the 302s were “not in their possession,” which implies that they do exist...somewhere.

I don’t know what’s going on with this judge, but this was his response: “Things happen.”

If anyone ever deserved a pardon, it’s Michael Flynn.

Oh, and something else regarding "Russia": Remember when the Mueller team filed charges against a couple of Russian companies for financing efforts to use social media to “meddle” in the 2016 election? Perhaps the special counsel assumed Concord Management and Consulting and a related catering firm would just stay quiet, which would have let them avoid a trial while lending credence to the Trump/Russia “collusion” theory, but the companies denied the charges and resolved to fight back in court. And now, after all is said and done and the Mueller team found no evidence of “collusion” with the Trump campaign and the whole investigation is seen to have been a giant, politically-motivated waste of time, the Justice Department has dropped the case against them.

U.S. District Court Judge Dabney Friedrich issued a gag order in the case.

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Comments 1-25 of 43

  • Elizabeth Sandberg

    03/20/2020 06:30 PM

    Once again I so appreciate your commentary and factual update. I am sick over what has happened to Gen. Flynn. Also, what the country has missed not having him and his voice to advise us!
    I pray God would restore 100 times all he has lost.

  • David Carlson

    03/18/2020 01:22 PM

    The treatment of Michael Flynn has been a total miscarriage of justice. The Judge and prosecutors should be ashamed of themselves for treating an American citizen in this manor. They all have no respect for the truth and don't mind ruining a person's life with their idiotic actions. It would be my wish that they should have to endure what they have put this man through. Flynn certainly deserves a pardon from President Trump.

  • Dot Whitley

    03/18/2020 12:58 PM

    As I've said before we need to get rid of a lot of very bad judges.

    Dot Whitley

  • Andrew E McManus Sr

    03/18/2020 06:55 AM

    Wow! Talk about a stroke of "bad luck" losing the 302's on top of the "glitches" that erased Peter Strzok and Lisa Page's text messages. Just like the Hillary Clinton email scandal, and the fact that Cheryl Mills and company, had immunity and now the statute of limitations ran out, I doubt anyone will be held accountable.

  • Jack Cooper

    03/17/2020 07:59 PM

    It seems that members of “deep state” have committed treason. I believe we were at WAR during all this and some treasonous people should be executed.

  • Exie J. Hollingsworth

    03/17/2020 07:17 PM

    I hope Pres. Trump does pardon Flynn. He deserves it after all he’s been through.

  • Mary Louise Scott

    03/17/2020 07:00 PM

    I have thought all along that General Flynn should be given a pardon. It is horrible what the deep state did to him and his family.


    03/17/2020 06:51 PM

    The day of reckoning is fast approaching. Soon after election day this November, when the Republicans re-take the House and extend their majority in the Senate, the full force of American Justice will begin a swift and fair prosecution of those of attempting to remove a duly elected POTUS. The day after the election, the canaries will be singing making plea deals as fast as they can. I can't wait!

  • Warren Hoffedtz

    03/17/2020 06:39 PM

    It's difficult to follow the deep state train of thought!! I feel that General Flynn should be given a full pardon, his life restored, a new home and whatever else he and his family lost!!

  • John Thomas Moore Jr.

    03/17/2020 06:34 PM

    Bring these liars to court and make they pay back every penny they too from this honorable patriot. Restore his home and take it to those who set him up and helped to ruin his life and those of his family. Make them payback in full and some for all the pain they caused this good man and his family.

  • Michael

    03/17/2020 05:59 PM

    Is the judge in the General Flynn case an Obama appointed Judge? A Trump hater or just so far left liberal that anyone like honorable General Flynn should be punished for being on the wrong side of politics? President Trump should waste no time pardoning General Flynn. But in addition he should pardon anyone the last four plus years that was made a scapegoat in our appauling two-tier justice system.

  • David Steuber

    03/17/2020 05:35 PM

    One thing I have never been able to understand is why Flynn resigned. He knew that he hadn't lied--that if he had made a misstatement it wasn't intentional. That doesn't violate any law. He could have simply told Trump that. And if Trump had looked into it he would have found that the FBI agreed. For a tough Marine, Flynn acted like a pussy. Likewise, I don't understand why Sessions recused himself over some contacts with Russians while he was a U.S. senator. Can you imagine someone like Adam Schiff folding in a similar situation?

  • Robin Gonsalves

    03/17/2020 04:26 PM

    So they gag order the Russians to not tell the truth and they gag order flynn to not tell the truth...but all the dirty cops get to write books filled with lies and you say to give Barr some time to do his job! Is his job to look the other way while the innocent continue to be railroaded by the deep state! This is really getting to be unacceptable and time for patriot action!
    It's only going to end when "We the People" end it! Bar has to be a swamp dweller...

  • David Myer

    03/17/2020 04:09 PM

    When is someone going to be held accountable?

  • Casey Eckert

    03/17/2020 03:23 PM

    I get so disheartened when I read about such dishonesty/greed/hate in the FBI and DOJ - but I remain hopeful that the truth will come out and that those who perpetrated so much deception and so many lies to hurt an honorable man and his family will be held accountable (and I don't mean "fined", but jailed!).

  • Rosalia LiBassi

    03/17/2020 03:23 PM

    I believe that since the base of the investigation was made up and false. The charges against grl. Flynn should be dropped if there is really justice in this country. It is time to end the political persecution that the Democratic Party has against the republicans. It is shameful. Would love to hear your take.

  • K. Allen Ballard

    03/17/2020 03:16 PM

    So where does Gen. Flynn go to get his reputation, his home and his money back. Forget Justice against these evil idiots who destroyed Flynn. Justice ceased to exist in America beginning with the Clintons.
    Not much consolation now but God still sits on His throne and will deliver Justice to all of us. Me included. That scares me more than COVID-19.

  • Nancy McKee

    03/17/2020 03:15 PM

    Gov. Huckabee, Many of feel that our President has given the democrats to much control over this and closing everything down will only cause more panic and possible riots. Personally I think this is what they want. Remember what the always say, Never let a good crisis go to waste. The dems will use this for their own good and advancement. I thing our President needs to take control and issue mandates for all states to follow. How long will people stand still, not work, go hungry, can't pay their bills..home alone with their kids will cause some to riot. Please get to him.

  • Kay DeWitt

    03/17/2020 02:46 PM

    I don't know how many people you have on your staff to help you uncover all the UNKNOWN facts of these stories, but I experience a tinge of some kind of incomprehensible GENIUS when I read these stories you write about that are authored BY these uncovered facts!

    Yes, UNCOVERING all the facts in this ongoing story of....and case against....
    Michael Flynn....took genius TO uncover them..but it took the evil of hatred to author these facts!

    While, this morning, I found myself marvelling at how quickly the coronavirus is spreading around the world, because it was THAT contagious, it then occurred to me how that same thing could be said of hatred as to how contagious it can be!

    Without minimizing the number of readers who read your answer to DNC Chairman Tom Perez 's indictment against Christians...authored by what would be SATAN'S indictment of them, not GOD'S....I wish you could repeat it on a number of National TV news programs as a refute not only to Tom Perez, but to every other person who has indicted Christians for being hypocritical because they support President Trump! COME TO THINK OF IT.....

    Since so many Christians believe that GOD chose Donald Trump to BE our President (via Divine Intervention) the point could also be made that Tom Perez's indictment was ultimately against God!

  • Pat J Green

    03/17/2020 02:38 PM

    I do believe that Gen. Flynn deserves a full pardon, I also believe that the FBI should make full responsibility back to him with an apology and all his savings , house and any thing else he has lost due to there dealing


    03/17/2020 02:07 PM


  • John & Susan Durham

    03/17/2020 02:05 PM

    We are so glad President Trump has someone he could totally trust in Mike Pence to take over and handle what is happening with the virus. Vice President Pence has done a great job, and it took some of the load off the President. If the President had not gone through 3 years of this grueling corruption, it might not have been so exhausting. Thank goodness for these two men leading our country. Many, many people are praying for them and for our country.

  • Dave Newbry

    03/17/2020 02:02 PM

    I see evidence of a judge who should be booted off the bench and disbarred.

  • Don Harrison

    03/17/2020 01:09 PM

    Trump should give him a full pardon and Mr Flynn’s financial standings should be replaced to the point they were before all this started with a couple a million dollars additional for pain and suffering and make the DNC pay for it

  • Floyd A Unger

    03/17/2020 12:49 PM

    Thank you