The prosecutors handling the case of Lt. Gen. Michael Flynn said they mixed up notes from the FBI interview that served as a basis for making Flynn plead guilty to lying to the FBI, a court filing shows.
“Its appalling. What else have they gotten wrong?” responded Flynns lawyer Sidney Powell, in a Nov. 5 Fox News interview.
The two sets of notes were written by the FBIs former deputy associate director for counterintelligence operations, Peter Strzok, and supervising special agent Joe Pientka.
The handwritten notes are a crucial part of the case against Flynn, the former head of the Defense Intelligence Agency under President Barack Obama and former national security adviser to President Donald Trump.
Powell previously questioned whether Strzoks notes were written during the interview since they were much more detailed, and also because Strzok himself said he led the interview, while Pientka was primarily responsible for taking notes.
Then, on Nov. 5, the prosecutors informed Powell that they had it wrong. They said Strzoks notes were Pientkas and vice versa.
“We understand that this has caused some confusion, and we regret our error,” they said in an email, which was filed with the court that day (pdf).
Powell pointed out on Twitter that the prosecutors maintained the error for some 18 months since the notes were first disclosed to the defense.
“Its now impossible to take [the DOJs and FBIs] word for anything. Imperative now more than ever that all original documents be produced—the entire FBI file & subfiles—handwriting samples of both agents, metadata, audit trail—everything! This is ridiculous & case should be dismissed,” she wrote in another tweet.
The error wasnt easy to uncover, as neither note was signed or dated, even though, as Powell previously noted, they should have been under FBI rules.
Dismissal Versus Plea Withdrawal
Powell, a former federal prosecutor, has accused the government of withholding exculpatory information from Flynn and lacking a proper reason to investigate Flynn in the first place. The prosecutors disagreed, but the notes episode plays into Powells argument that the judge shouldnt take the government at its word.
The prosecutors capitalized on Flynns pleading guilty almost two years ago and repeatedly telling the court that he didnt wish to withdraw his plea.
Powell said “theres already far more than enough to overturn the Read More – Source