Newly released documents in Flynn case are not “Brady” material, defined as evidence favorable to the accused that is material to guilt or punishment. Flynn’s crime was lying to the FBI. Agent notes about interview strategy do not negate Flynn’s lie.
Nor do Flynn documents show a “perjury trap,” which is where no legitimate investigative purpose exists for questioning. IG found FBI’s Russia probe was properly predicated. Flynn had told Russia to ignore US sanctions! FBI had legitimate purpose and even duty to ask him about it
IG found no political motive by FBI to investigate Trump administration, but even if it did, that would not give wrongdoers free rein to commit crimes. Did Flynn lie to FBI? Yes. Is it a crime? Yes.
Flynn documents also do not amount to entrapment, which occurs when someone’s will is overborne by law enforcement, such as when an undercover officer offers you a chance to make so much money you can’t resist, even though you know it’s illegal. That’s not what happened here.
Flynn admitted his guilt in open court. These documents will not convince the judge to allow Flynn to withdraw his guilty plea, which requires a “fair and just reason.” Buyer’s remorse is not good enough.
So what’s all the fuss about? The documents may give Trump just enough ammunition to smear the FBI and falsely justify a pardon for Flynn.
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