Sidney Powell, lawyer to Lt. Gen. Michael Flynn, said the FBI excluded crucial information from a report on their interview of her client. The report, an FBI 302 form, was used to charge Flynn with lying to the FBI, but the original draft of the 302 stated that Flynn was honest with the FBI agents, according to a witness who saw the draft, said Powell.
Flynn, former head of the Defense Intelligence Agency and former national security adviser to President Donald Trump, pleaded guilty on Dec. 1, 2017, to one count of lying to FBI agents during a Jan. 24, 2017, interview.
A 302 report summarizing the interview was supposed to be filed within five days. But the earliest draft Flynn’s lawyers were provided was from Feb. 10, 2017 - more than two weeks after the interview.
Powell, who took over Flynn’s defense in June 2019, has for months asserted that an earlier 302 must exist. Prosecutors have said they don’t have it, stopping short of asserting that it doesn’t exist.
In an Oct. 24, 2019, court filing (pdf), Powell rejected the suggestion that the 302 draft was “missing,” saying neither the bureau nor its digital document system “loses the most important of its reports that is supposed to support the federal felony of the President’s National Security Adviser.”
On Jan. 16, Powell disclosed that she has a witness who could attest to what was in the original draft.
“I’ve now found a witness who says the original 302 did in fact say that Flynn was honest with the agents and did not lie,” she told Larry O’Connor on his WMAL radio show.
“So for somebody to delete that from the 302 is just beyond outrageous.”
She wouldn’t elaborate much further when asked by The Epoch Times.
“Can’t say more about witness but yes, person saw it,” she said via email.Withdrawing Plea
Flynn was expected to receive a light sentence because of cooperation with the government on two investigations—one led by then-special counsel Robert Mueller and the other in the Eastern District of Virginia against Flynn’s former business partner, Bijan Rafiekian.
In a Jan. 7 sentencing memo (pdf), however, prosecutors asked for up to six months in prison for Flynn, saying he pulled back his cooperation in the Rafiekian case last year.
In response to the memo, Flynn asked the court on Jan. 14 (pdf) to allow him to withdraw his original plea, saying the prosecutors violated the terms of the agreement.
Rafiekian was charged with acting as an unregistered foreign agent based on a job that Flynn’s now-defunct consultancy, Flynn Intel Group (FIG), did for Turkish businessman Kamil Ekim Alptekin.
Flynn wasn’t charged in that case and Rafiekian was ultimately acquitted due to insufficient evidence.
In June 2019, after Flynn fired his original lawyers and hired a new legal team led by Powell, prosecutors asked Flynn to testify that he...
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