Senate Judiciary Chairman Chuck Grassley (R-IA) sent a letter to FBI Director Christopher Wray and Deputy AG Rod Rosenstein Friday stating Comey testified the FBI didn’t think General Flynn lied.
Grassley is demanding the FBI and DOJ produce the transcript of Flynn’s intercepted calls with Russian Ambassador Kislyak and the 302’s by May 25th.
302’s are reports FBI agents take to summarize an interview with a subject.
The newly unredacted portion of the House Intel report revealed Comey testified to House Intel members the FBI agents who ambushed Flynn did not detect any deception.
The report also revealed the illegal leak of Flynn’s phone call with Kislyak is what allowed the FBI/DOJ to keep a counterintel operation open on General Flynn.
Chairman Grassley is now demanding answers from the FBI and DOJ.
Grassley’s letter states:
Dear Deputy Attorney General Rosenstein and Director Wray:
On February 15, 2017, this Committee requested on a bipartisan basis a copy of the
transcript of the widely reported call between Lt. Gen. Michael Flynn and the Russian
ambassador and the FBI report summarizing the intercepted calls. The Justice Department
declined to provide any of that information, and instead then-FBI Director Comey provided a
wide-ranging briefing to us on March 15, 2017 that touched on the Flynn issues.
Like the Flynn interview itself, that briefing was not transcribed. Also like the Flynn
interview, there are notes taken by a career, non-partisan law enforcement officer who was
present. The agent was on detail to the Committee staff at the time. According to that agent’s
contemporaneous notes, Director Comey specifically told us during that briefing that the FBI
agents who interviewed Lt. General Michael Flynn, “saw nothing that led them to believe [he
was] lying.” Our own Committee staff’s notes indicate that Mr. Comey said the “agents saw no
change in his demeanor or tone that would say he was being untruthful.”
Contrary to his public statements during his current book tour denying any memory of
those comments, then-Director Comey led us to believe during that briefing that the agents who
interviewed Flynn did not believe he intentionally lied about his conversation with the
Ambassador and that the Justice Department was unlikely to prosecute him for false statements
made in that interview. In the months since then, the Special Counsel obtained a guilty plea
from Lt. General Flynn for that precise alleged conduct.
The Department has withheld the Flynn-related documents since our initial bipartisan
request last year, citing an ongoing criminal investigation. With Flynn’s plea, the investigation
appears concluded. Additionally, while we are aware that the Special Counsel’s office has
moved to delay Lt. General Flynn’s sentencing on several occasions, we presume that all related
records already have been provided to the defense pursuant to Judge Sullivan’s February 16,
2018 order requiring production of all potentially exculpatory material. Thus, although the case
is not yet adjudicated, the Committee’s oversight interest in the underlying documents requested
more than a year ago now outweighs any legitimate executive branch interest in withholding it.
So too does the Committee’s interest in learning the FBI agents’ actual assessments of their
interview of Lt. Gen. Flynn, particularly given the apparent contradiction between what thenDirectory
Comey told us in March 2017 and what he now claims.
On page 2 of Grassley’s letter he demands the transcripts of General Flynn’s intercepted phone calls with Kislyak and the 302’s memorializing their interview with Flynn.
Grassley concludes in his letter:
In addition, please make Special Agent Joe Pientka available for a transcribed interview
with Committee staff no later than one week following the production of the requested
Screenshot of Grassley’s letter below: