Mueller-Flynn investigation: Special counsel releases key documents of former Trump advisor's FBI interview
'A sitting National Security Adviser, former head of an intelligence agency, retired Lieutenant General, and 33-year veteran of the armed forces knows he should not lie to federal agents,' says filing
Special Counsel Robert Mueller has urged a federal judge to reject an attempt by Michael Flynn “to minimise the seriousness” of him lying to the FBI.
Mr Mueller’s team was responding to a sentencing memo from Flynn’s lawyers criticising the FBI interviews with their client, saying agents did not provide him “with a warning of the penalties” for misleading investigators.
This comes just two days after former lawyer and fixer for Donald Trump, Michael Cohen, was sentenced to three years in jail.
“A sitting National Security Adviser, former head of an intelligence agency, retired Lieutenant General, and 33-year veteran of the armed forces knows he should not lie to federal agents,” Mr Mueller's office said in its court filing.
“He does not need to be warned it is a crime to lie to federal agents to know the importance of telling them the truth.”
Flynn pleaded guilty in December 2017 to lying to the FBI agents about his conversations with Russia's then-ambassador, Sergei Kislyak, and has been cooperating with Mr Mueller's probe into Russia's meddling in the 2016 election and possible collusion between Moscow and Trump campaign officials.
The FBI interview took place on 24 january 2017, soon after Mr Trump took office.
In the filing Mueller said Flynn lied to the media and senior administration officials in the weeks leading up to the interview, telling them he had not discussed US sanctions against Russia with Mr Kislyak when in fact he had.
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Show all 23“Thus, by the time of the FBI interview, the defendant was committed to his false story,” Mr Mueller's prosecutors wrote.
Mueller's filing was in response to an order by the judge to turn over documents related to the interview.
That order, in turn, followed a sentencing memo earlier this week by Flynn's lawyers in which they argued for leniency.
As mitigating factors, Flynn's lawyers cited both the lack of a warning about lying and a suggestion by then-FBI Deputy Director Andrew McCabe to Flynn that the “quickest way” to conduct the interview was without counsel present.
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Critics of the Mueller probe had jumped on the assertions by Flynn's lawyers that the former national security advisor faced a defective FBI interview to promote the idea that Flynn had been set up.
Flynn'ss crime of lying to the FBI carries a statutory maximum sentence of five years in prison. His plea agreement states, however, that he is eligible for a sentence of zero to six months and can ask the court not to impose a fine.
Here’s a portion of the response Robert Mueller’s office filed after Michael Flynn’s lawyers claimed their client was tricked into lying.
According to the special counsel, the ex-national security adviser was lying for weeks prior to sitting down with the team of investigators.
Flynn only lied to the FBI after becoming “committed to his false story,” Mueller notes.
The special counsel said Flynn lied about discussing sanctions with the Russian ambassador in an interview with the Washington Post, then to Vice President Mike Pence, as well as Reince Priebus and Sean Spicer, before eventually lying to the FBI.
All of the officials he spoke with at the time repeated those lies on national television.
In conclusion, Robert Mueller’s office said in its response to Michael Flynn’s defence that “the Court should reject the defendant’s attempt to minimize the seriousness of those false statements to the FBI.
A new report puts a $25m price tag on Special Counsel Robert Mueller’s investigation into Russian interference during the 2016 election.
Meanwhile, it isn’t exactly clear when the special counsel plans on concluding its report or summarizing its findings to Congress, or if that will even happen.
On Thursday, Mr Trump on tweeted that the special counsel gave Flynn “a great deal because they were embarrassed by the way he was treated.”
“They want to scare everybody into making up stories that are not true by catching them in the smallest of misstatements. Sad!” Trump wrote.
Thomas Heaney Jr, a retired Army colonel who has been friends with Flynn since they were nine years old, said they have been out more than a dozen times in Rhode Island and elsewhere when Flynn has been recognised by people on the street.
“Every single circumstance I've been witness to, people are in support of him, and they voice that opinion to him when they see him. And they are upset about the way he's been treated. That's the general theme each and every time,” Mr Heaney told the AP.
Away from the Flynn news, Mr Trump has announced Mick Mulvaney as his new acting chief of staff.
Back to Flynn. Mr Mueller's office also released heavily redacted notes from interviews done with two FBI officials involved in the interview process — McCabe and former counterintelligence agent Peter Strzok.
The interview notes paint a portrait of a strikingly relaxed and informal conversation, with Mr Strzok noting how he had walked past Mr Trump and some movers discussing where to place artwork in the White House.
“Flynn was so talkative, and had so much time for them, that Mr Strzok wondered if the National Security Adviser did not have more important things to do than have such a relaxed, non-pertinent discussion with them,” according to notes from the interview.
A number of Democrats have come out to back Mr Mueller over hs handling of the Flynn case. Representative Jackie Speier from California says Flynn should not "get a pass".
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