Issa Says He 'Would Not Be Surprised a Bit' If Flynn's Conviction Overturned

By Susan Jones | December 17, 2018 | 6:14am EST
Rep. Darrell Issa (R-Calif.) (Photo by Chip Somodevilla/Getty Images)

( - Rep. Darrell Issa (R-Calif.), a member of the House Judiciary and Oversight Committees, says former National Security Advisor Michael Flynn got a raw deal from the FBI and should be exonerated.

"And I would not be surprised a bit that the conviction of Flynn is overturned," Issa told "Sunday Morning Futures" with Maria Bartiromo.


On Monday, Issa will be among the lawmakers questioning former FBI Director James Comey for a second time in a closed session.

Comey recently told an NBC interviewer that he took advantage of the Trump administration's disorganization when he sent two FBI agents to interview Flynn in his West Wing office four days after the inauguration.

"Well, he made a comment not long ago that -- that they never would have gotten Flynn in a more organized administration," Issa said:

"And now that Judge Sullivan has made it pretty clear that they, in layman's terms, violated his Miranda rights, tricked him (Flynn) into not having a lawyer, when, in fact, he was not only a suspect, but a target, and they had transcripts -- this kind of conduct, we haven't seen in a long time."

Issa pointed to the Supreme Court's Miranda decision, which said people under investigation must be informed of their rights. Flynn apparently had no idea he was a target of an FBI investigation when he voluntarily spoke with agents at their request on Jan. 24, 2017.

"And I would not be surprised a bit that the conviction of Flynn is overturned because of the Justice Department and the FBI's misconduct, and that, in fact, we go potentially all the way to Supreme Court with new protections when the FBI and the Department of Justice lies to somebody and tricks them into making statements, and then charges them with a lie that they entrapped them in," Issa said.

Flynn has pleaded guilty making false statements to the FBI, although the agents who interviewed him reportedly did not believe he was lying at the time.

In Flynn's sentencing statement, his lawyers noted that the FBI notes of that interview -- the so-called 302s -- were not finalized until August, a full seven months after the interview was conducted.

Issa sees that "post-dating" of the 302s as another problem: "In other words, making documents sort of morph into what they want them to, rather than writing them and having them be a historic document."

Issa said he will ask Comey about the 302s as well as the FBI's alleged abuse of the FISA court to get a warrant on Carter Page. He said he expects to "learn more and more" about that.

"Ultimately, for the first time ever, I believe, in the next Congress, the Senate might actually have to go to a federal judge and say, let's talk about the lies you were told, because we're getting stonewalled by this Department of Justice. But tomorrow's a big day to at least ask some very specific questions on new revelations and things that we didn't get to” when Comey’s testified earlier this month.

And Issa said Judiciary Committee Chairman Bob Goodlatte is still trying to bring in Deputy Attorney General Rod Rosenstein, who is overseeing the Trump-Russia investigation and signed the third FISA warrant on Carter Page.

"I think, certainly, Rosenstein would like to avoid it, but I think we will get him," Issa said.

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