She is asserting that the call was proper predication to keep the investigation open after the FBI would close it. But ignores the obvious point that Flynn, as an incoming NSA, would ofcourse be talking to Kislyak, and his message—don’t escalate--advanced US interests. https://twitter.com/rgoodlaw/status/1265747959196549121
McQuade also doesn’t mention that the FBI agents who interviewed didn’t think he lied. Nor does she address the inconsistency of Comey’s testimony in March 2017 re Logan Act, and Dana Boente’s notes that say Logan Act was part of the investigation.
She also mangles my argument about the materiality of Flynn’s “lie.” The FBI had the transcript, he was never charged with being a spy and the agents never asked Flynn about what he told Pence.
Finally, McQuade confuses the unmasking point. Comey testified in March 2017 in closed session that the FBI unmasked him, Comey’s words, and then distributed his unmasked name to others in the IC.
Also McQuade selectively quotes a few instances in the 302 where Flynn gave yes or no answers. But there are other parts where he says he doesn’t remember and doesn’t answer directly. Again this is likely one reason why the agents didn’t think he deliberately lied.
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