May 12, 2020

BYRON YORK: The big thing we still don’t know about the Michael Flynn Case. “If someone is going to be charged with lying to the FBI, it will be on the basis of what is in the 302. There’s no recording and no other witnesses in the room. If an interview subject claims not to have said something, the proof otherwise is the 302 and the agents’ word. So the 302 is obviously critical if the Justice Department chooses to charge someone for lying in an FBI interview. Here is the amazing thing: Michael Flynn’s defense has never seen the original 302. Never. Flynn, under enormous pressure from Trump-Russia special counsel Robert Mueller, pleaded guilty to lying to the FBI without ever reading what Pientka originally wrote about the interview. Instead, the FBI almost immediately began editing the 302. Pientka’s partner in the interview, Peter Strzok — remembered as the agent dismissed from the Mueller team for his anti-Trump texts with extramarital lover (and senior FBI official) Lisa Page — took the lead. On February 10 — after the FBI’s five working days limit — Strzok did what was apparently a major editing job on it, and he also incorporated edits suggested by Page, who had not been present at the interview.”

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