Having proudly served in the FBI for 25 years, I bristled at insulting accusations of an onerous deep state conspiracy. Some obvious mistakes made during the investigation of the Trump campaign were quite possibly the result of two ham-handedly overzealous FBI headquarters denizens, Peter Strzok and Lisa Page, clumsily seeking to impress each other with ever-increasing levels of loathing for then-candidate Donald Trump.
FBI employees are entitled to their own political views. But senior-level decision-makers who express them on government devices, while overseeing a supremely consequential investigation into a political campaign, simply do not possess the requisite judgment and temperament for the job.
Their stunning text message exchanges and talk of an onerous âinsurance policyâ in the event Trump were to win prove how ill-suited they were for their positions in James Comeyâs cabinet. What other steps might they have taken that have yet to be discovered? The inspector general is soon set to release a report into FBI actions in the effort to surveil the Trump campaign. Attorney General Bill Barrâs Justice Department is conducting its own review, and U.S. Attorney John Durham recently expanded his investigation into the case as well, by converting the review into a full-blown
criminal investigation. Barr has faced backlash from critics of his investigation, who ironically have referred to it as a
witch hunt.
But as we anxiously await the expected reports, there recently appeared some fairly explosive allegations into potential investigator misconduct that have not received the attention they deserve. With her filing of a blistering
Motion to Compel against federal prosecutors in the Michael Flynn case just made public, Sidney Powell has upended my adherence to Hanlonâs Razor. Powell is the attorney for former national security adviser and retired Army Lt. Gen. Flynn, who pled guilty to one count of lying to FBI agents during the special counsel investigation. Powellâs motion seeks to unravel a case many feel was biased from its inception.
One of the most damning charges contained within Powellâs 37-page court brief is that Page, the DOJ lawyer assigned to the office of then-FBI Deputy Director Andrew McCabe,
may have materially altered Flynnâs interview FD-302, which was drafted by Strzok. FBI agents transfer handwritten interview notes onto a formal testimonial document, FD-302, within five days of conducting an interview, while recollections are still fresh.
It is unheard of for someone not actually on the interview itself to materially alter an FD-302. As an FBI agent, no one in my chain of command ever directed me to alter consequential wording. And as a longtime FBI supervisor, I never
ever directed an agent to recollect something different from what they discerned during an interview. Returning a 302 for errors in grammar, punctuation, or syntax is appropriate. This occurs before the document is ultimately uploaded to a particular file, conjoined with the original interview notes which are safely secured inside a 1-A envelope, and secured as part of evidence at trial.
With this in mind, this related
text message exchange from Strzok to Page dated Feb. 10, 2017, nauseated me:
"I made your edits and sent them to Joe. I also emailed you an updated 302. Iâm not asking you to edit it this weekend, I just wanted to send it to you."
Powell charges that Page directed Strzok to alter his Flynn interview 302. As in most instances in life, words matter. The change in wording was instrumental in moving Flynn from a target to a subject. One recalls how critical wording was in the FBIâs decision not to argue that DOJ charge Hillary Clinton with a crime in the private email server investigation.
Comey elected not to use âgross negligenceâ to characterize Clinton's actions â which would have been the required language in the mishandling of classified information statute â and instead settled upon the more benign and non-indictable âextreme carelessness."
Later, it was determined that none other than
Strzok was the impetus behind the recrafting of Comeyâs words.
Powellâs motion requests that Flynnâs case be dismissed. Central to this appeal are details surrounding Flynnâs first interview by the FBI on Jan. 24, 2017. Recall also how
Comey famously told NBCâs Nicolle Wallace, in front of an audience, that Flynn was visited by FBI agents at the White House in chaotic early days of Trump transition because, in Comeyâs words, âI sent them.â
Comey received warm laughter for his quip from an appreciative audience, reveled in the adulation, and further elaborated, providing this shockingly partisan move:
"Something we've â I probably wouldn't have done or maybe gotten away with in a more organized investigation â a more organized administration. In the George W. Bush administration, for example, or the Obama administration. The protocol, two men that all of us perhaps have increased appreciation for over the last two years. And in both those administrations there was process. And so, if the FBI wanted to send agents into the White House itself to interview a senior official, you would work through the White House Counsel and there'd be discussions and approvals and it would be there. And I thought, it's early enough, let's just send a couple of guys over. And so, we placed a call to Flynn, said, hey, we're sending a couple of guys over. Hope you'll talk to them. He said, sure. Nobody else was there. They interviewed him in a conference room in the Situation Room, and he lied to them. And thatâs what heâs now pled guilty to."
So, did an accomplished 3-star general actually misrepresent the truth? Or, was his recollection of events later spun to be a mendacious accounting by overzealous investigators who followed their bossâs lead, while circumventing established protocol in an ambush-style interview? What apparently followed was a âtweakingâ of the accounting to ensure Flynn be charged with
Title 18 USC § 1001 â something I have long
argued was never charged by any U.S. Attorneyâs Office during my time serving in the FBI unless we wanted to threaten it and employ as leverage.
Setting aside valid arguments that the FBI acted inappropriately â treating the Trump White House differently than they would have treated Bushâs or Obamaâs, as the hubristic Comey proudly admits â Powellâs charges of egregious government misconduct are certainly deserving of the courtâs consideration.
The withholding of clearly exculpatory material related to revelations that âimportant substantive changes were made to the Flynn 302â may well be central to the findings of Inspector General Michael Horowitz and Durham, as well.