In another post from Sunday, John Huber noted that Michael Flynn’s original lawyers had asked the special counsel’s office twice for a copy of Flynn’s FD-302 interview form and were denied both times, claiming they couldn’t turn it over because it would “reveal” parts of their overall Russia interference investigation.
Also on Sunday, CNN law enforcement analyst James A. Gagliano noted a “shockingly cavalier take” by Judge Sullivan to Flynn’s new attorney, Sidney Powell, regarding that interview:
Shockingly cavalier take by Judge Sullivan to defense counsel @SidneyPowell1 on 9/10/19 re: FBI’s *lost* original Flynn interview 302:
“[T]hings happen and documents are lost. I mean, it just happens.”
Excused *misplacement* of seminal interview document? ?
— James A. Gagliano (@JamesAGagliano) May 17, 2020
“… but we’ll wait for the government’s submission,” said Sullivan. Good one.
Buck Sexton weighed in on Monday:
The FBI can charge you for lying based on whatever they write down as your words on a piece of paper, and the federal judge meant to protect your rights will think nothing of it when that freedom-hangs-in-balance piece of paper just disappears suddenly https://t.co/Qnv3rCGPXb
— Buck Sexton (@BuckSexton) May 18, 2020
It ABSOLUTELY DEFIES REASON that the very item that could implicate or exonerate the defendant is the one thing that the prosecution has lost.
— Brad Hinely (@DocsInkCTO) May 18, 2020
If an American citizen is not sworn in, in a court of law or deposition, than how the hell is it a "lie" punishable by perjury for just being interviewed by a federal agent during an investigation…how is this constitutional?
— Publican Opinion (@TavernOwner1) May 18, 2020
Never speak to law enforcement, for any reason, under any circumstance, without counsel present.
— Wesson J. Horace (@WessonJHorace) May 18, 2020
Somebody should invent a scanning type device to make docs digital where a billion copies could be stored in redundant places in a few seconds.
In the age of the internet it seems the only files that ever get "lost" are important legal ones.
— Zack (@guyinpv) May 18, 2020
There should be recordings. Not someones recollection on a paper when you could be charged and your life changed forever.
— cg aka freedom road (@cg_road) May 18, 2020
Because… why video interviews… when the writings of agents can be interpreted any way the powers that be wish.
— Lord Claw Almighty (@reeddrew2) May 18, 2020
Why is it that in the year 2020, the premier law enforcement agency in the world, with unlimited resources, does not video record or audio record their interviews?
Is it so they can keep some wiggle room in the accounts of what was said?
— WNYJackson (@wnyjackson) May 18, 2020
That needs to change. These FBI interviews need to be under oath and RECORDED. If the recording goes “missing”, then any case should be thrown out.
— Joe Hiden (@WeKnowEDKH) May 18, 2020
Pretty dangerous comment for Sullivan to openly admit the courts are okay with FBI “losing” one of the most important 302’s in government history. We are prosecuting an incoming admin official with reimagined conversation manipulated to fit the prosecutions argument. Dangerous
— DURTY Wordsmith (@durtyshotz) May 18, 2020
This is so corrupt. It isn't just that they lost the form, but it was disputed about what it said and was the basis for charges. Add to that that there were texts messages about a plan to stop Trump. Notes about getting Flynn fired or on lying etc. There's even more than that!
— LB (@lorajjb) May 18, 2020
Sullivan was an Obama plant all along, his comments about the original 302, calling General Flynn a traitor is a clear indication of his bias. His current act after getting the perjury message from Obama and refusing to drop a matter that has no prosecutorial charge is criminal.
— Colonel Jessep (@HawkerS24) May 18, 2020
Anyone with a rudimentary knowledge of the law understands that officer/agent notes of interviews are EVIDENCE.
Losing or misplacing EVIDENCE in a court case IS a big deal.
Judge Sullivan’s rulings/comments in this case are flawed & blatantly absurd.
— Seems to me…? (@716Nickel) May 18, 2020
Yeah, that happens when the judge is a partisan politically-motivated hack.
— ?? Defeat The Left -Text TRUMP to 88022 ?? (@AlexDavid1776) May 18, 2020
@SidneyPowell1 who is Sullivan trying to protect? His buddies Holder and Obama. This is a travesty of justice and this judge is democratic activist.
— Patriot Rider?? (@americanride724) May 18, 2020
Unless one is naive, you can't possibly not know by now that Judge Sullivan is part of this coup, that's why he has been harsh on Flynn and even got the message from "leaked" Obama call to not let this go. He's a corrupt and a liberal hack judge. He should be impeached.
— Marius Hurton (@HurtonMarius) May 18, 2020
Nothing here is shocking anymore. He will continue to abuse his power until someone stops him. Who can do that?
— ChiefKeif (@PITBULL1971) May 18, 2020
So a mans life hangs in the balance ..cuz. Ya know.. things happen. Yea. That’s good.
— ST (@T01Susan) May 18, 2020
Some people did some things…
— Keith Just (@keithjust) May 18, 2020
They really should stop calling it the justice system
— George Williams (@GeorgeW10574457) May 18, 2020
Come on dudes. Servers go missing. Hard drives are accidentally “bleached”. Emails go missing. Texts go missing. Didn’t you learn anything from the Obama Adminstration?
— KShark66 (@KShark66) May 18, 2020
“You know, sometimes throughout the best efforts, notwithstanding the best efforts of everyone, things happen and documents are lost. I mean, it just happens….”
‘Funny how media IGNORES that’: Brit Hume shares BOMBSHELL of a receipt-filled Undercover Huber thread on Flynn https://t.co/5feOEFRhIt
— Twitchy Team (@TwitchyTeam) May 17, 2020