Newly released handwritten notes of former FBI General Counsel James Baker offer further insight into the machinations of the Obama administration to weaponize government agencies against an ideologically opposed incoming administration in a manner that would make even a banana-republic despot blush.
Baker, in his role as general counsel, was uniquely positioned to see the plot for what it was: a set up of a decorated military veteran that had served for over 30 years.
His handwritten notes are the clearest account yet that the case against Flynn should never have been opened, let alone prosecuted.
The notes contain damning points that either undermine the government's case against Flynn or are completely exculpatory in nature, including:
- "No reasonable prosecutor" would proceed because the Logan Act had never been used, and Flynn's call with Russian Ambassador Sergey Kislyak was in line with behavior of "other transition teams."
- "How do you assess § 1001 (false statements) when you wouldn't prosecute the underlying crime?"
- Admission that Flynn is likely not in a "covert relationship with Russia ... based on facts to date and interview."
- Recognition that Flynn was never given opportunity to correct the record because "we didn't confront him."
Make no mistake about it, this is the GENERAL COUNSEL of the FBI documenting with his own hand that the prosecution of General Flynn was a travesty of justice.
DOJ produces new Flynn evidence - 1/25/17 Notes FBI OGC lawyer notes.— Techno Fog (@Techno_Fog) October 7, 2020
Logan Act: "no reasonable prosecutor" would proceed.
Flynn call w/ Kislyak similar to "other transition teams"
"First time to use [Logan Act]"
TOP FBI lawyer James Baker:— Techno Fog (@Techno_Fog) October 7, 2020
"How do you assess § 1001 (false statements) when you wouldn't prosecute the underlying crime?"
Big concession that this wasn't about the broader Crossfile Hurricane investigation. pic.twitter.com/VpCGnsRJHC
Assessment of whether Flynn is in a "covert relationship w/ Russia":— Techno Fog (@Techno_Fog) October 7, 2020
"No, probably not based on facts to date and interview."
Will be necessary to compare this to the Flynn NSLs handled by Clinesmith. Possible predication issues. (See pic) pic.twitter.com/s9jTu7DdRb
Here we see the dubious Russia "blackmail" theory emerge. Notable that there was no discussion of materiality.— Techno Fog (@Techno_Fog) October 7, 2020
Also - concession that "we left [Flynn] in position to not correct record b/c we didn't confront him"
Full doc:https://t.co/V93ggPveWQ pic.twitter.com/XIFyJsgQx3