President Donald Trump on Thursday tweeted his support for his former national security adviser, Michael Flynn, raising speculation that a pardon may be coming as Flynn's lawyers released internal FBI documents to bolster their claim the FBI was trying to entrap him.
Trump has long said he is considering pardoning Flynn, who pleaded guilty to lying to the FBI in 2017. The president spent Wednesday night and Thursday morning retweeting supportive statements and a video Flynn tweeted of an American flag flapping in the wind.
What happened to General Michael Flynn, a war hero, should never be allowed to happen to a citizen of the United States again! Trump wrote Thursday morning as his counselor, Kellyanne Conway, was on Fox News Channel responding to the case.
Conway said it would be up to Trump to make any announcement, but called Flynn's treatment a disgrace." Trump has made very clear that he feels people around him are treated very unfairly, and in this case worse," she said.
Lawyers for Flynn released internal FBI emails and handwritten notes on Wednesday documenting internal correspondence among FBI officials before Flynn's interview with the bureau.
They contend the documents bolster their allegations that Flynn was set up to lie when he was questioned at the White House three years ago. The notes show the officials grappling with how best to approach Flynn, how much information to provide him during an interview and what to do if he made a false statement.
Flynn seeks to withdraw his guilty plea to lying to the FBI and makes broad assertions of law enforcement misconduct. U.S. District Judge Emmet Sullivan has rejected many of the defense arguments but has yet to rule on whether Flynn can take back his guilty plea.
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Meanwhile, a federal prosecutor from Missouri is reviewing the Justice Department's handling of the case at the direction of Attorney General William Barr. The department said the notes were produced to the defense as part of that ongoing review.
It remains unclear what bearing the documents will have on the case or how significant the judge will determine them to be. But Flynn has emerged as something of a cause celebre in recent months for supporters of the president, who have rallied around the retired Army lieutenant general and seized on the findings of a harshly critical watchdog report on the Russia investigation to try to cast doubt on the entire probe.
Prosecutors haven't filed anything in response to Wednesday's action by Flynn's lawyers. But Trump has made clear he is considering a pardon.
The notes and emails show FBI officials debating internally how best to approach the Flynn interview, how much information to provide him with, what the purpose of interviewing him should be and what to do if he lied.
In emails dated January 23, 2017, the day before agents interviewed Flynn at the White House about his conversations during the presidential transition period with the Russian ambassador to the United States, officials pondered at what point in the conversation Flynn should be reminded that it is against the law to lie to the FBI at the outset of the conversation or after he makes a suspected false statement.
Flynn's former attorneys have said he was never given such a warning.
Also released was a page of handwritten FBI notes in which an official asks what's our goal? Truth/admission or to get him to lie, so we can prosecute him or get him fired? At another point, the notes say, If we get him to admit to breaking the Logan Act, give facts to DoJ and have them decide. That is a reference to a centuries-old, esoteric law that makes it a crime for a private citizen to conduct foreign policy with another government.
The notes also say: If we're seen as playing games, WH will be furious. Protect our institution by not playing games. The handwritten notes bear the initials EP, which is likely a reference to E.W. Priestap, the senior FBI official who authorized the decision in the summer of 2016 to open an investigation into ties between the Trump campaign and Russia.
Flynn was among the first of the president's aides to admit guilt in special counsel Robert Mueller's investigation into ties between the Trump campaign and Russia. He acknowledged lying to the FBI about having discussed sanctions against Russia during the presidential transition period with the then-ambassador, Sergey Kislyak.
He provided such extensive cooperation that prosecutors said he was entitled to a sentence of probation instead of prison.
As it turned out, that sentencing hearing was abruptly cut short after Flynn, facing a stern rebuke from Sullivan, asked to be able to continue cooperating and earn credit toward a more lenient sentence.
Since then, though, Flynn has hired new attorneys including Sidney Powell, a conservative commentator and outspoken critic of Mueller's investigation who have taken a far more confrontational stance to the government.
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