Judge rules Flynn's interview with Peter Strzok must be published
/ CBS News
After reviewing the special counsel's filing related to Michael Flynn's interview with FBI agents on January 2017, Judge Emmet Sullivan has ruled that the material is "relevant" to Flynn's sentencing and has ordered the government to publish the interview, known as a "302," for the public to see. It will include redactions. The timing is not clear on when this is to be filed — and Flynn is scheduled to be sentenced Tuesday morning.
On Friday, special counsel Robert Mueller submitted material regarding the former national security adviser's questioning by the FBI. That filing included a redacted copy of Flynn's interview. It's not clear whether there will be another version with fewer redeactions released. Flynn's attorneys had complained that the FBI agents who questioned him had not warned him that lying to the FBI was a crime.
"Nothing about the way the interview was arranged or conducted caused the defendant to make false statements to the FBI on January 24," the special counsel wrote in its response on Friday.
"A sitting National Security Advisor, 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. 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," the memo said.
The special counsel also asserted with the 302 filing that "during the interview, the FBI agents gave the defendant multiple opportunities to correct his false statements by revisiting key questions." One of the agents who questioned Flynn was Peter Strzok, who worked on the Mueller Russia probe until it was discovered that he had exchanged text messages critical of President Trump with another FBI official, Lisa Page.
The special counsel's office has recommended that Flynn receive zero to six months of incarceration due to his "substantial assistance" in the investigation. He met with the special counsel 19 times as part of his agreement to cooperate with the government in its investigation into Russian meddling in the 2016 presidential election. According to the filing, Flynn has been cooperating in "several ongoing investigations." Flynn helped government investigators on a "range of issues, including interactions between individuals in the Presidential Transition Team and Russia."
Flynn's attorneys filed a sentencing recommendation Tuesday calling for a sentence of probation and community service, sparing him prison time out of respect for his decades of military service and his "genuine contrition for the uncharacteristic error in judgment that brought him before this court."
Clare Hymes and Grace Segers contributed to this report.
First published on December 17, 2018
© 2018 CBS Interactive Inc. All Rights Reserved.
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