Bill Barr Twisted My Words in Dropping the Flynn Case. Here's the Truth.
Mary B. McCord -Ms. McCord was an acting assistant attorney general for national security at the Justice Department from 2016 to 2017.
In attempting to support its argument, the motion cites more than 25 times the F.B.I.'s report of an interview with me in July 2017, two months after I left a decades-long career at the department (under administrations of both parties) that culminated in my role as the acting assistant attorney general for national security.
That report, commonly referred to as a "302," is an interesting read. But the report of my interview is no support for Mr. Barr's dismissal of the Flynn case. It does not suggest that the F.B.I. had no counterintelligence reason for investigating Mr. Flynn. It does not suggest that the F.B.I.'s interview of Mr. Flynn " which led to the false-statements charge " was unlawful or unjustified. It does not support that Mr. Flynn's false statements were not material. And it does not support the Justice Department's assertion that the continued prosecution of the case against Mr. Flynn, who pleaded guilty to knowingly making material false statements to the FBI, "would not serve the interests of justice."
The account of my interview in 2017 doesn't help the department support this conclusion, and it is disingenuous for the department to twist my words to suggest that it does. What the account of my interview describes is a difference of opinion about what to do with the information that Mr. Flynn apparently had lied to the incoming vice president, Mr. Pence, and others in the incoming administration about whether he had discussed the Obama administration's sanctions against Russia in his calls with Mr. Kislyak. Those apparent lies prompted Mr. Pence and others to convey inaccurate statements about the nature of the conversations in public news conferences and interviews.
The potential for blackmail of Mr. Flynn by the Russians is what the former Justice Department leadership, including me, thought needed to be conveyed to the incoming White House. After all, Mr. Flynn was set to become the national security adviser, and it was untenable that Russia " which the intelligence community had just assessed had sought to interfere in the U.S. presidential election " might have leverage over him.
This is where the F.B.I. disagreed with the Justice Department's preferred approach.
In short, the report of my interview does not anywhere suggest that the F.B.I.'s interview of Mr. Flynn was unconstitutional, unlawful or not "tethered" to any legitimate counterintelligence purpose.