It is particularly symbolic that in the midst of this imbroglio, the FBI just accidentally revealed the name of another Saudi embassy official complicit in the September 11 attacks, whose identity was long kept hidden by the US government as a “state secret” whose revelation could cause “significant harm to the national security.” Collusion, foreign adversary, national security: in Washington, it’s all in the eye of the beholder.
https://jacobinmag.com/2020/05/ignore-trumps-bluster-obamagate-is-a-serious-scandal/
Russiagate looks less like a righteous crusade for truth and justice and more like the typical shenanigans for which the FBI and US security state have long been known: prosecutorial overreach, entrapment, and the criminalization of foreign policy dissent.
The interminable scandal has been back in the news this past week thanks to the Trump Department of Justice’s decision to drop charges against Michael Flynn. Flynn was once briefly Trump’s national security advisor before being fired and then charged with lying to the FBI over a phone conversation with Russian Ambassador Sergey Kislyak during the presidential transition. Last Thursday, the House Intelligence Committee finally released fifty-seven transcripts of closed-door interviews it conducted with various key players in the saga over 2017 and 2018, covering Flynn’s call with Kislyak and other matters.
Since the news dropped, every effort has been made to turn Flynn’s absolution into the latest Trump outrage. Barack Obama himself weighed in, charging in a leaked phone call with supporters that “there is no precedent that anybody can find for someone who has been charged with perjury just getting off scot-free,” and that the “rule of law is at risk.”
Four years into this chaotic and reactionary presidency, there are more than enough legitimate Trump scandals to go around. But as with many things Russiagate, both the Flynn case and the release of the transcripts reflect far more poorly on the Obama administration, American’s hallowed national security institutions, and the anti-Trump “Resistance.”
Understanding why requires going all the way back to 2016 and the beginnings of the Flynn case. Flynn was a former intelligence official pushed out of the Obama administration over, among other things, his management style. Years later, he became a characteristically weird Trump guy: a heterodox foreign policy thinker who combined occasional opposition to endless war with conspiratorial Islamophobia, and became nationally known for flirting with the “alt-right” and chanting “Lock her up!” at the 2016 RNC.
Flynn’s loyalty to Trump was rewarded that year when he was announced as the president-elect’s national security advisor. At the same time, Flynn had, like many in Trump’s orbit, been investigated by the FBI over whether he was a Kremlin agent, and only further raised hackles after it was leaked that he had spoken to Kislyak the same day that Obama ordered sanctions and expelled thirty-five Russian embassy officials as retaliation for Russia’s interference in that year’s election.
Flynn was, at first, pushed out by Trump when it turned out he had caused Vice President Mike Pence to unwittingly lie about the contact. He was then later charged by Robert Mueller and his team in the course of the “collusion” probe with lying to the FBI (not, as Obama claimed, perjury), which at the time was cause for much speculation: it was the umpteenth “beginning of the end” of Trump’s presidency but ultimately produced no new revelations about a Trump-Russia conspiracy. Now, he’s been allowed to skip a maximum of five years in jail and walk away “scot-free,” as Obama put it.
But through it all and since, details have trickled out that have made the entire saga far less clear-cut than those most invested in the “collusion” narrative would have the public believe. For one, despite all the innuendo around Flynn’s Russian contacts and his sitting next to Putin at a dinner, investigators found nothing unseemly when looking into Flynn and had all but closedtheir investigation into him when the news about the Kislyak call broke.
Secondly, the charge Flynn was ultimately slapped with, lying to the FBI, now looks more like a case of entrapment. Recently released notes written by Bill Priestep, former FBI counterintelligence director, prior to interviewing Flynn about the Kislyak call suggest the Bureau was looking at the option to “get him to lie, so we can prosecute him or get him fired.” In the notes, Priestep wrote that “I believe we should rethink this,” that simply showing Flynn evidence so he could admit wrongdoing wasn’t “going easy on him” and was routine FBI practice, and that “if we’re seen as playing games, WH [White House] will be furious,” so they should “protect our institution by not playing games.”
What’s more, contemporaneous notes show that the investigators themselves weren’t sure Flynn had intentionally lied to them, and that Comey himself had said so in a March 2017 briefing, before claiming he had never said anything of the sort after being fired by Trump.
There were further improprieties in the investigation. Flynn has claimed, with some evidence, that the FBI pressured him to sit down for the interview without a lawyer. Additionally, two years ago, Comey himself admitted that he had violated protocol by sending investigators to interview Flynn without going through the White House counsel, calling it “something I probably wouldn’t have done or maybe gotten away with in … a more organized administration.”
Things get worse when one goes through the Mueller team’s interview notes for then-acting Attorney General Sally Yates and Mary McCord,



