Former national-security adviser Michael Flynn’s lawyer claims in a new bombshell court filing that the FBI tampered with notes from his 2017 interview, during which Flynn pleaded guilty to lying.
In a 37-page motion, attorney Sidney Powell called on the court to “dismiss the entire prosecution for outrageous government misconduct” over allegations that FBI agents manipulated a form summarizing Flynn’s statements to investigators.
The interview dealt with Flynn’s contacts with Russian Ambassador Sergey Kislyak. In December 2017, Flynn pleaded guilty to charges that he lied to the FBI about his Russia contacts during his brief stint as national-security adviser. He is expected to be sentenced in December.
“Those changes added an unequivocal statement that ‘Flynn stated he did not’ — in response to whether Mr. Flynn had asked Kislyak to vote in a certain manner or slow down the UN vote [on sanctions],” Powell wrote. “This is a deceptive manipulation because, as the notes of the agents show, Mr. Flynn was not even sure he had spoken to Russia/Kislyak on the issue. He had talked to dozens of countries.”
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“That question and answer does not appear in the notes, yet it was made into a criminal offense,” Powell wrote in the motion. “The draft also shows that the agents moved a sentence to make it seem to be an answer to a question it was not.”
One of the FBI agents involved in the interview was Peter Strzok, who was fired from Special Counsel Robert Mueller’s investigative team when text messages disparaging President Trump were discovered between him and FBI colleague Lisa Page, with whom he was having an affair.
FBI brass sent Strzok and another agent to conduct an “ambush-interview” of Flynn explicitly to trap him into making statements they could claim were false, Flynn’s defense team alleged.
“This amounts to conduct so shocking to the conscience and so inimical to our system of justice that it requires the dismissal of the charges for outrageous government conduct,” Powell said.
Flynn’s defense team has also accused prosecutors of withholding classified information and other evidence favorable to Flynn.
“The government continues to hide evidence of the original 302 [the interview notes], other exculpatory texts, and other forms of information completely,” Powell wrote.