After the improbable election of Donald Trump to the presidency, Lieutenant General Michael Flynn was named National Security Advisor. He was eminently qualified, having served as Director of the Defense Intelligence Agency under President Obama.
In January 2017, prior to President-elect Trump being sworn in, Gen. Flynn received a phone call, while on vacation, from the Russian ambassador concerning an action taken by the Obama Administration. That phone call was intercepted by US intelligence assets, and a recording made.
After the Inauguration, FBI Director James Comey authorized two agents to go to the White House to interview NSA Flynn about the phone call. In public comments made later, Comey boasted that he wanted to catch the new administration unaware, before it had a chance to "organize." During the interview an FBI agent took notes, and later prepared an FBI form called a "302." The agents reported that they believed NSA Flynn was being truthful with them.The FBI later accused NSA Flynn of making material misstatements to them during the interview. Flynn was fired from his position as NSA and subsequently charged with multiple felonies. He plead guilty to one felony, and was awaiting sentencing when - having hired a new and more aggressive attorney - shit got real.
In the last week, based on an internal probe by the Justice Department, the following has been disclosed:
The entire investigation, indictment and prosecution of NSA Flynn was based on lies perpetrated by senior members of the FBI.
These lies included falsification of documents (the original 302 hidden, and a fraudulent one released in its place), withholding potentially exculpatory evidence from Flynn's defense team (including the transcript of the original phone conversation), hiding documents that outline the plot to frame NSA Flynn (hand-written notes by participants and their supervisors). You don't have to believe me - copies of the documents are available on line. Read them for yourself. The FBI concocted a case, and the DOJ exacted a guilty plea and recommended prison for, an innocent man.
Why did he plead guilty? In exchange for a DOJ promise not to also prosecute his son, a promise that the DOJ did not report to the court, despite legal requirements to do so.
The May 7th motion to dismiss this case made by the DOJ should make me extremely happy. Nothing - I do mean nothing - angers me more than a government official knowingly prosecuting an innocent person. It offends every notion of honor in a profession in which I gave thirty five years of service.
I am extremely happy for General Flynn and his family. It remains to be seen what efforts the government makes to atone for the shameful actions of a few. As someone who has advocated for this outcome from almost the beginning, I should be celebrating that, for once, I was right.
I am not celebrating. I'm ashamed, and I'm worried.
Over the years I had the honor of working with FBI agents in a variety of investigations. Early in my detective career an FBI agent taught me how to construct a blue collar investigation. A close friend's son is an agent. One of my daughter's closest friends is an FBI analyst. A man who I worked with as a police officer retired from the FBI, having served on the security detail of three Attorneys General. These are good people.
The FBI works every day to protect our country from harm wished upon it by evil people. They investigate armed robbers, cartel members, murderers, human traffickers. They were able to identify the perpetrators of the Oklahoma City Bombing quickly enough to charge it's main participant while he was in custody of local law enforcement for a weapons charge.
The FBI has significant worldwide reach fighting international crime and terrorism. Thousands of plots against US citizens have been uncovered and prevented since the 9/11 attacks (which two agents had discovered - too late to intervene). Anything that weakens the FBI, that makes it harder for the agents, analysts and staff members to function in their law enforcement endangers Americans.
By all means, there needs to be a reckoning. The FBI has never been perfect, and has made many high-profile mistakes. This is one of them.
The release from legal jeopardy of an innocent man is cause for celebration. Every American should applaud the outcome and wish General Flynn and his family well. It is my hope he can return to public life and contribute in the areas in which his talents have been obvious for his entire career.
Celebrating the demise of an honorable institution upon which we rely so heavily for our safety and security? No. In fact, it is time to support the rank and file, many of whom put their lives on the line every day and tell them that rebuilding the trust in their organization isn't only a they thing.
It's an us thing.
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