FD 302 manipulations

November 5, 2019 – DOJ prosecutors overseeing the Flynn case, Jessie K. Liu and Brandon Van Grack, admit to “mistakenly” attributing wrong notes to wrong FBI agents

Prosecutor Brandon Van Grack sends a letter to Flynn’s defense team today containing a stunning, almost impossible to comprehend, admission of a mistake central to the claims of the prosecution.  In March 2018 the FBI presented notes taken by agents Pientka and Strzok, now they say they made a ‘mistake’.

For almost two years the DOJ misidentified, misattributed, and never corrected that the authors of the Flynn interview notes were actually reversed.  All of the notes attributed to FBI Agent Peter Strzok actually were taken by FBI Agent Joseph Pientka, and vice-versa:

What kind of f**kery is this?  The DOJ never confirmed the authorship of the FBI notes that are central to the FD-302, upon which the entire prosecution claim of Flynn lying to investigators is based? …Seriously?

The entire FBI case against Flynn; meaning the central element that he lied to FBI investigators (he didn’t); is predicated on the FD-302 interview reports generated by the two FBI agents; later discovered to have been edited, shaped and approved by Andrew McCabe….  And for almost two years the entire outline of their documented evidence has been misattributed?

C’mon man.  This is sketchy as heck.

Obviously what triggered this re-review of the notes was a smart sur-surreply from the defense that highlighted how Peter Strzoks notes were far too neat, organized and well constructed to have been written during an actual interview. [SEE HERE]

For the prosecution to now reverse course and say the agent attribution was transposed, is either the biggest screw-up in a high profile case…. OR, the prosecution now needs to reverse the note-takers due to the exact, and common sense, reasons highlighted by the defense.” (Read more: Conservative Treehouse, 11/05/2019)  (Archive)

UPDATE:

Michael Flynn’s attorney, Sidney Powell, appears on Fox Late Night to discuss the stunning letter from the DOJ that for the past two years they have attributed the wrong notes to the wrong FBI agent. – Conservative Treehouse

June 24, 2019 – DOJ confirms Flynn defense team never received a transcript of Flynn/Kislyak phone call

“When General Michael Flynn entered into the seemingly coerced plea agreement with the special counsel team and prosecutor Brandon Van Grack (November 30, 2017), he gave up the right to defense discovery in his case.  In hindsight this will likely be viewed a mistake.

Lt. General Michael Flynn and his new attorney, Sidney Powell. (Credit: Megan Meneiro/Courthouse News)

(h/t Techno Fog) During a court appearance today by new attorney Ms. Sidney Powell, the topic of needing a classified security clearance -to review documents- was raised.  The DOJ responded to the assertion by saying no classified information was provided to the prior Flynn defense team, therefore Ms. Powell doesn’t need not carry that concern.

However, by admitting the DOJ provided no classified information to the defense, the prosecution is simultaneously admitting they never provided Flynn with a copy of the phone call transcript (December 29, 2016) between President-elect Trump’s incoming National Security Advisor and Russian Ambassador Sergey Kislyak.  The content of that phone call lies at the heart of the FBI interview that took place on January 24th, 2017.

Judge Emmet Sullivan originally asked for the Flynn/Kislyak transcript; however, the prosecution said it was irrelevant to their case.  The judge accepted the non-production.

It is suspected Flynn may have been under a FISA surveillance warrant which seems confirmed by the Weissmann/Mueller report. The FBI intercepted, recorded, and later transcribed the December 29, 2016, conversation.

This is why the issue of how the FBI agents write the 302 summary of the Flynn January 24, 2017, interview becomes such an important facet.

On June 6, 2019, the DOJ released the FBI agent report (FD-302) written after their interview of Michael Flynn on Jan 24th, 2017. (Full pdf below) From prior testimony we know that FBI Agent Peter Strzok did the questioning and FBI Agent Joe Pientka took notes.

Lt. General Michael Flynn (Credit: public domain)

For some reason, within the DOJ release of the report they are continuing to redact the name Joe Pientka. [Could be due to ongoing employment]

It’s worth noting according to Mark Meadows the Office of Inspector General Michael Horowitz has interviewed Joe Pientka extensively; prior attempts by congress to gain testimony from Pientka were blocked by the FBI and Rod Rosenstein.

FBI Agent Joseph Pientka was never interviewed by the joint House judiciary and oversight committees (Goodlatte and Gowdy). The reason, as explained by Meadows, was simple; Pientka was on Weissmann and Mueller’s special counsel team. Congress was not allowed to interfere in the Mueller probe. In hindsight this looks like Weissmann, Mueller & Rosenstein strategically using the investigation as a shield from sunlight.

The interview took place on January 24, 2017. The report was written Jan 24th, 2017. The wording was then deliberated by the small group, approved by FBI Deputy Director Andrew McCabe, and entered into the record on February 15th, 2017. (Read much more: Conservative Treehouse, 6/24/2019)

December 17, 2018 – Mueller filing highlights lengthy deliberative process between FBI investigators and Andrew McCabe on Flynn report

“Prosecutor Brandon Van Grack filed a cover letter attempting to explain the reason for the Flynn interview on January 24th, and the official filing of the interview notes (FD-302) on February 15th, and then again on May 31st.  To explain the delay, he claims the report “inadvertently” had a header saying “DRAFT DOCUMENT/DELIBERATIVE MATERIAL”  (screen grab)

What the special counsel appears to be obfuscating to the court is that there was factually a process of deliberation within the investigative unit, headed by FBI Deputy Director Andrew McCabe, surrounding the specific wording of the 302 report on the interview.

Prosecutor Brandon Van Grack is attempting to hide the length of the small group deliberations. It seems he doesn’t want the court to know Andrew McCabe was involved in shaping how the fd-302 was written.

We know there was a deliberative process in place, seemingly all about how to best position the narrative, because we can see the deliberations in text messages between Lisa Page and Peter Strzok:  See below (note the dates):

The text message conversation above is February 14th, 2017.   The Michael Flynn FD-302 was officially entered into the record on February 15th, 2017, per the report:

Obviously the interview took place on January 24th, 2017.  The FD-302 was drafted on January 24th, and then later edited, shaped, and ultimately approved by McCabe, on February 14th, then entered into the official record on February 15th.” (Read more: Conservative Treehouse, 12/17/2018)

December 14, 2018 – FBI docs reveal: “Flynn was not lying or did not think he was lying”

Michael Flynn arrives at Trump Tower for meetings with President-elect Donald Trump January 4, 2017 in New York. (Credit: Timothy A. Clary/Agence France Presse/Getty Images)

“The Special Counsel’s Office released key documents related to former National Security Advisor Lt. Gen. Michael Flynn Friday. Robert Mueller’s office had until 3 p.m. to get the documents to Judge Emmet Sullivan, who demanded information Wednesday after bombshell information surfaced in a memorandum submitted by Flynn’s attorney’s that led to serious concerns regarding the FBI’s initial questioning of the retired three-star general.

The highly redacted documents included notes from former Deputy Director Andrew McCabe regarding his conversation with Flynn about arranging the interview with the FBI. The initial interview took place at the White House on Jan. 24, 2017.

The documents also include the FBI’s  “302” report regarding Flynn’s interview with anti-Trump former FBI Agent Peter Strzok and FBI Agent Joe Pientka when they met with him at the White House. It is not, however, the 302 document from the actual January, 2017 interview but an August, 2017 report of Strzok’s recollections of the interview.

Flynn’s attorney’s had noted in their memorandum to the courts that the documents revealed that FBI officials made the decision not to provide Flynn with his Miranda Rights, which would’ve have warned him of penalties for making false statements.

“The agents did not provide Gen. Flynn with a warning of the penalties for making a false statement under 18 U.S.C. 1001 before, during, or after the interview,” the Flynn memo says. According to the 302, before the interview, McCabe and other FBI officials “decided the agents would not warn Flynn that it was a crime to lie during an FBI interview because they wanted Flynn to be relaxed, and they were concerned that giving the warnings might adversely affect the rapport.”

The July 2017 report, however, was the interview with Strzok. It described his interview with Flynn but was not the original Flynn interview.

Apparent discrepancies within the 302 documents are being questioned by many former senior FBI officials, who state that there are stringent policies in place to ensure that the documents are guarded against tampering.

(…) In the redacted 302 report Strzok and Pientka said they “both had the impression at the time that Flynn was not lying or did not think he was lying.” Information that Flynn was not lying was first published and reported by SaraACarter.com. (Read more: SaraACarter, 12/14/2018)

December 12, 2018 – FBI violated policy in Flynn’s Case, judge demands all exculpatory evidence

(Judge Rudolph Contreras suddenly recuses himself from the Flynn case on December 7, 2017. (Credit: public domain)

“A federal judge overseeing the case of Former National Security Advisor Lt. Gen. Michael Flynn is demanding to see the FBI’s first interviews with the retired three-star general after explosive information contained in a sentencing memo released Tuesday night revealed that senior FBI leadership suggested he not have a lawyer present, nor warn him that his interview was subject to penalties if he failed to provide all the answers, according to the 178 page Defendants memorandum submitted to the court.

U.S. District Judge Emmet G. Sullivan ordered Special Counsel Robert Mueller’s office Wednesday night to turn over all the government’s documents by mid-day Friday. The exculpatory documents requested by Sullivan include any memorandums regarding Flynn’s case because of the extraordinary circumstances of the information, according to Sullivan’s request. Further, Sullivan is also requesting any documentation regarding the first interviews conducted by former anti-Trump agent Peter Strzok and FBI Agent Joe Pientka -known by the FBI as 302s- which were found to be dated more than seven months after the interviews were conducted on Jan. 24, 2017, a violation of FBI policy, say current and former FBI officials familiar with the process. According to information contained in Flynn’s memorandum, the interviews were dated Aug. 22, 2017.

FBI Supervisory Agent Jeff Danik told SaraACarter.com Sullivan must also request all the communications between the two agents, as well as their supervisors around the August 2017 time-frame in order to get a complete and accurate picture of what transpired. Danik, who is an expert in FBI policy, says it is imperative that Sullivan also request “the workflow chart, which would show one-hundred percent, when the 302s were created when they were sent to a supervisor and who approved them.”

“The bureau policy – the absolute FBI policy – is that the notes must be placed in the system in a 1-A file within five days of the interview,” said Danik, who added that handwritten notes get placed into the FBI Sentinel System, which is the FBI’s main record keeping system. “Anything beyond five business days is a problem, eight months is a disaster.”

“In a case of this magnitude there is no question what is going on,” said Danik. “These agents went in the White House and had a case with a possible witness of his stature and didn’t write it up until almost eight months later? That is is unconscionable – it’s not fair to the defendant and absolutely goes against FBI policy.” (Read more: Sara Carter, 12/13 2018)

January 31, 2018 – Robert Mueller requests postponement of General Mike Flynn sentencing

“Against a newly discovered likelihood the Robert Mueller investigation began under false pretenses; and against the backdrop that FBI surveillance and wiretaps were obtained through materially (intentionally) false representations to the FISA court; and against the backdrop the original Flynn plea judge (Contrereas) was also the approving FISA judge; and that judge ‘was summarily recused’ from the case; and against increasing evidence that Mike Flynn was set up by a terminal animus, and politically-motivated investigative rogue unit, operating within the FBI; and against surfacing IG Horowitz evidence that FBI investigators manipulated (lied on) their FD-302 interrogation documents; and understanding those falsified 302’s were used in the Mueller/Flynn charging document…

…Special Counsel Robert Mueller now asks for postponement of sentencing:

Both parties did not ‘request‘ a postponement; both parties ‘agreed‘ to a postponement. The motive for the request (Mueller) is entirely divergent from, yet complimentary to, the motive to agree to the request (Flynn).

It is not coincidental that Brandon L Van Grack is the signatory to the delay request by Special Counsel Robert Mueller’s request to the new Judge, Emmet G Sullivan.

If, as has been reported, Inspector General Michael Horowitz now has evidence the FBI manipulated their FD-302 (interrogation and questioning) documents, as also admitted by FBI agent Peter Strzok in related matters regarding Clinton…

…and those manipulated or falsified FBI 302’s (containing FBI investigative notes of Michael Flynn’s questioning during the January 2017 interview), were used in the actual Flynn charging documents.” (Read more: Conservative Treehouse, 1/31/2018)

July 19, 2017 – Strzok testifies Pientka wrote Flynn’s FBI 302 report, evidence suggests he lied

(Timeline editor’s note: All documents posted in this timeline entry can be found in Sidney Powell’s 10/24/19 court filing here.)

Peter Strzok (Credit: public domain)

On 07/19/17 Strzok was interviewed by a Senior Assistant Special Counsel & an FBI Supervisory Special Agent

This was Strzok’s “exit” interview after he’d been forced to leave the Special Counsel due to discovery of his biased text messages

It’s a felony to lie in this interview:

Strzok was asked about his role in the investigation of @GenFlynn, and said that he, “Strzok conducted the interview” and [redacted] “was primarily responsible for taking notes and writing the FD-302”

Redacted name refers to (Joe) Pientka, his partner on the Flynn case:

So if Pientka was NOT actually “primarily” responsible for “writing the FD-302” or “taking notes”, then Strzok lied.

Newly available evidence strongly suggests Strzok did lie: it was *Strzok* himself who wrote the 302, & largely from his own notes, NOT Pientka’s

Here’s why 👇
DOJ only recently provided new evidence to @SidneyPowell1  (@GenFlynn attorney), under a protective order. This order was lifted this month, allowing it to be filed publicly.

1. Handwritten interview notes said to be Strzok’s and Pientka’s

2. 302 Drafts*

3. New Strzok texts

*The earliest 302 DOJ has provided is from 02/10/17. The Flynn interview was on 01/24/17 (17 days earlier). So it is highly likely there are earlier drafts, but on Oct 29 DOJ (Brandon Van Grack; a former Senior Assistant Special Counsel) denied DOJ is “hiding” an “original 302”

I analyzed both Strzok and Pientka’s notes, line by line and side by side with the 02/10/17 FD-302

This included matching the notes to the subject topics discussed in the 302 and looking for words and phrases used only in Strzok’s notes, only in Pientka’s notes, in both, or neither:

SUMMARY (1 of 2)

—The 302 systematically & overwhelmingly (30+ examples) contains words and phrases ONLY noted by Strzok & NOT by Pientka

—Crucially this includes two where Pientka explicitly comments that he “couldn’t remember” Flynn saying this and “[I] dont…have in my notes”

SUMMARY (2 of 2)

Attached is a summary by topic (e.g “RT dinner”)

—Red text is phrases/words in the 302 that are lifted from Strzok’s notes, in bold are verbatim

—🚨Purple text is the 2 crucial examples that Pientka explicitly says he didn’t have noted/couldn’t remember:

To put it mildly, this evidence is inconsistent with Pientka “primarily” writing the 302, as Strzok claimed

Even if Pientka had access to Strzok’s notes, its incredibly unlikely he would systematically rely on Strzok’s notes 30+ times, repeatedly using Strzok’s linguistic style 

And even if you could stretch to believing that, Pientka certainly wouldn’t include in a draft 302 (a legal record that can be the basis for a felony charge) words & phrases *he couldn’t remember*, that only appeared in Strzok’s notes AND add “I don’t remember this” to the 302

Also, the new Strzok texts show Strzok communicating with Lisa Page on the same day of the 302 draft (02/10/17), adding “edits” from Lisa Page, “finalizing it”, working on it over the weekend & *then* “sending to Joe”. All inconsistent with Pientka being “primarily responsible”

 

SUMMARY

—Strzok told the Special Counsel/FBI that Pientka wrote the 302 interview record of Flynn

—Strzok’s text messages and the Strzok/Pientka handwritten notes show that’s likely false, and Strzok himself wrote the 302 

—Strzok likely committed the same felony @GenFlynn was charged with (18 USC §1001)

—The Special Counsel and FBI had access to the same exculpatory evidence in this thread BEFORE @GenFlynn pled guilty to the felony his own interviewer committed

/ENDS 

(Read more: UndercoverHuber @JohnWHuber, 10/31/2019)

February 10, 2017 – Lisa Page edits General Flynn’s FBI 302 reports

Late last week General Michael Flynn’s attorney Sidney Powell released her filing to the court. …It is clear that as requested by Powell, General Flynn’s case must be dismissed based on the many crimes committed by the government to set him up.

Techno Fog was first on the Internet to release and analyze the document –

(click each tweet to enlarge)

Powell describes how the Flynn 302 was altered –

Powell also notes in a footnote that James Clapper was related to the illegal leak of General Flynn’s phone call with Russian Ambassador Kislyak  –

(Timeline editor’s note: We’re including a clipping of Lisa Page (incoming) and Peter Strzok’s (outgoing)  February 10, 2017 text messages that are included in Sidney Powell’s court filing.)

On page 26, Powell states the government’s case against Flynn is “so fundamentally unfair as to be shocking to the universal sense of justice.”

Powell also asserts that the government has the original 302’s that the FBI agents prepared as a result of their illegal interrogation of Flynn in the White House. The FBI’s system does not lose these documents. The only way they could be lost is through tampering. The government doesn’t want to provide them because it is clear that they will exonerate Flynn and it will be “game over” for the Deep State.

A few days later, Sidney Powell retweets the following:

(Read more: X22 Report, 10/29/2019)

February 8, 2017 – A DOJ memo clears General Flynn of Logan Act violations but it is never turned over as exculpatory evidence

Today Michael Flynn and his attorney Sidney Powell returned to federal court for a status hearing before Judge Emmet Sullivan.  Generally status hearings are uneventful; however, this hearing falls on the heels of an explosive filing by Flynn’s defense outlining allegations of serious prosecutorial misconduct; and claims the DOJ is withholding Brady material.

(…) “A DOJ memo exists dated February 8, 2017, that clears General Flynn of the Logan Act violation he was accused of violating. (Remember, the “Logan Act” was said by Sally Yates to be a big part of the reason for the FBI to interview Flynn.)

Then Ms. [Sidney] Powell went on to discuss the issues surrounding the missing notes from FBI Agent Joseph Pientka, and the original FD-302 written by Pientka.  The DOJ says they don’t have it.

Judge Sullivan asked Ms. Powell if she was going to withdraw the guilty plea based on the direction she was going.  Ms. Powell said no, and pointed to the possibility of dismissal based on wrongful prosecution; and a case that would never have been brought if all the evidence was visible.

(Read more: Conservative Treehouse, 9/10/2019)

January 24, 2017 – FBI recommended Michael Flynn not have lawyer present during interview, did not warn of false statement consequences

Peter Strzok,  one of two FBI agents to interview Lt. General Michael Flynn. (Credit: Getty Images)

“Former FBI Deputy Director Andrew McCabe, who arranged the bureau’s interview with then-national security adviser Michael Flynn at the White House on Jan. 24, 2017 — the interview that ultimately led to Flynn’s guilty plea on one count of making false statements — suggested Flynn not have a lawyer present at the session, according to newly-filed court documents. In addition, FBI officials, along with the two agents who interviewed Flynn, decided specifically not to warn him that there would be penalties for making false statements because the agents wanted to ensure that Flynn was “relaxed” during the session.

The new information, drawn from McCabe’s account of events plus the FBI agents’ write-up of the interview — the so-called 302 report — is contained in a sentencing memo filed Tuesday by Flynn’s defense team.

Citing McCabe’s account, the sentencing memo says that shortly after noon on Jan. 24 — the fourth day of the new Trump administration — McCabe called Flynn on a secure phone in Flynn’s West Wing office. The two men discussed business briefly and then McCabe said that he “felt that we needed to have two of our agents sit down” with Flynn to discuss Flynn’s talks with Russian officials during the presidential transition.

McCabe, by his own account, urged Flynn to talk to the agents alone, without a lawyer present. “I explained that I thought the quickest way to get this done was to have a conversation between [Flynn] and the agents only,” McCabe wrote. “I further stated that if LTG Flynn wished to include anyone else in the meeting, like the White House counsel for instance, that I would need to involve the Department of Justice. [Flynn] stated that this would not be necessary and agreed to meet with the agents without any additional participants.”

Within two hours, the agents were in Flynn’s office. According to the 302 report quoted in the Flynn sentencing document, the agents said Flynn was “relaxed and jocular” and offered the agents “a little tour” of his part of the White House.

“The agents did not provide Gen. Flynn with a warning of the penalties for making a false statement under 18 U.S.C. 1001 before, during, or after the interview,” the Flynn memo says. According to the 302, before the interview, McCabe and other FBI officials “decided the agents would not warn Flynn that it was a crime to lie during an FBI interview because they wanted Flynn to be relaxed, and they were concerned that giving the warnings might adversely affect the rapport.”

The agents had, of course, seen transcripts of Flynn’s wiretapped conversations with Russian then-ambassador Sergey Kislyak. “Before the interview, FBI officials had also decided that if ‘Flynn said he did not remember something they knew he said, they would use the exact words Flynn used … to try to refresh his recollection. If Flynn still would not confirm what he said … they would not confront him or talk him through it,'” the Flynn memo says, citing the FBI 302. (Read more: The Washington Examiner, 12/11/2018)