Monday, May 11, 2020

The two best things I have read on the Michael Flynn scandal

David Graham in The Atlantic: he even thinks that the FBI notes about the tactics to use in interviewing Flynn are a worry, but still notes that the outcome is ridiculous:
But as it happened, the notes didn’t have to convince Sullivan, because the Department of Justice withdrew the charges before the judge had to reach a conclusion. (Sullivan could still reject the DOJ’s motion. The long-running prosecutor on the case abruptly withdrew from it today, a likely sign of disagreement, and The New York Times reports that the motion stunned prosecutors in the U.S. attorney’s office.) Flynn’s defenders argued that the FBI was out to get him, and if the FBI is out to get you, it will find a way. But there’s a corollary: If Attorney General William Barr’s Justice Department wants to let you off, it will find a way too.

The whole process is stunning: Flynn was accused of committing several crimes, admitted to one to try to get himself off easy, agreed to cooperate, reneged on the deal, and is now free, having escaped punishment for both the crime to which he confessed and those on which he avoided prosecution.

Yet Flynn’s escape is not merely an isolated outrage. It is also a test case for loyalty to Trump. Since Flynn flipped on Trump, and then flopped back, his fate offers a lesson for others who might find themselves in a bind and tempted to turn on Trump, who continues to engage in the sort of behavior that got him impeached.
And today, at Axios:
Mary McCord, former acting assistant attorney general for national security, claimed in a New York Times op-ed Sunday that the Justice Department's motion to dismiss the case against Michael Flynn "twisted" her words to suggest that the FBI's 2017 interview of Flynn was illegitimate.

Why it matters: The Justice Department's filing relies in part on McCord's July 2017 interview with the FBI to argue that the FBI had no valid counterintelligence reason to interview Flynn, and that the former national security adviser's apparent lies were therefore immaterial....

The bottom line: "In short, the report of my interview does not anywhere suggest that the FBI’s interview of Mr. Flynn was unconstitutional, unlawful or not “tethered” to any legitimate counterintelligence purpose," McCord concludes.
 There has been the suggestion that Sullivan could, before deciding on the motion, ask for some sort of further explanation or investigation as to how the decision to withdraw was made.   It would seem that McCord's piece gives him plenty of reason to believe that the withdrawal of the charges is corrupt, but I don't know how he can get around a corrupt Attorney General...

Update:  a tweet on point -


Update2:   Another good article at The Atlantic: What Judge Sullivan Should Do

4 comments:

Not Trampis said...

He pleaded guilty TWICE to lying.

Not Trampis said...

Whoever said Trump was simply like an old fashioned mobster had him dead to rights

Steve said...

Graeme, you're having trouble remembering the rhyme - "If you say 'Jew", your comments are few".

Steve said...

Graeme I told you: you don't get to talk about "Jew" here.