Lies and Misrepresentations in the Mueller report

The full transcript of a call between Trump lawyers and Flynn lawyers has been released by the judge overseeing Flynn's sentencing. A partial transcript of the conversation was included in the Mueller report as one of the claimed instances where Trump might have obstructed justice. The basic claim is that Trump was dangling a potential pardon for Flynn in return for a "heads up" about information that "implicates the President". Transcript here.

Problems with this:
No pardon was dangled. Trump's lawyer basically said Trump still likes Flynn. This is entirely reliant on implication.

No confidential information was requested. The Executive branch has legal privileges that it may need to assert with respect to anything Flynn tells the special counsel. And as national security advisor (even briefly) Flynn would also have information relevant to national security generally.

The conversation was between two lawyers and thus subject to attorney-client privilege.

The way I read this is Trump's counsel basically saying that Flynn's counsel should pass on a heads-up on any information that might be subject to presidential privileges so the White House counsel can protect that privilege. This is both entirely proper and obligatory for any competent attorney.

In the same story, we find out that Mueller's legal team refused to provide the judge with full transcripts of other recordings they have of Flynn, or make public any additional information they have. That's suggestive that the full transcripts support Flynn's story rather than the FBI's story, and likely that the FBI has many more transcripts of Flynn's conversations than they have admitted (indicating he was personally under surveillance). We'll see how well the judge takes that refusal.

This entry was published Sun Sep 15 07:47:21 CDT 2019 by TriggerFinger and last updated 2019-09-15 07:47:21.0. [Tweet]

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