Principal Assistant US Attorney Ken Kohl: “the statement that was made just recently by the case agent on this case, Bill Barnett, who told us that he was working on the Flynn case when it was discovered that Flynn had talked to Ambassador Kislyak. That call did not change his...

...assessment that Flynn was in any way compromised by the country of Russia. He later -- he followed this case. He briefed the Special Counsel's Office that -- of his assessment that there was no crime and his belief that --

...and he observed that as he [FBI Agent Barnett] interacted with the Special Counsel's Office and observed them interview witnesses on this case, it was his impression that the Flynn case was being used to get Trump and that it affected how they handled witnesses in the case.”

Principal Assistant U.S. Attorney Ken Kohl “Now normally, Your Honor, those accusations alone would be game over for the prosecution. There certainly would be a need to do a further review. But it's more than that.

“Notes that had been discovered over at DOJ and among the Special Counsel file showed that the Special Counsel prosecutors themselves met with DOJ officials [...] and they observed that Flynn had a bad memory. That's consistent with his claims of innocence in this case”.

Principal Assistant US Attorney Kohl: “we have newly discovered the HPSCI transcript that had been classified and that we didn't have access to by the U.S. House of Representatives of James Comey's testimony.

“Comey was asked directly do you think Flynn lied, he said I don't know, I think there’s an argument he lied, it's a close one
When most authoritative voice of FBI, the director is saying he doesn't know, he thinks there is an argument he lied, that's a problem for the government

Principal Assistant US Attorney Kohl: “We don't prosecute people -- we don't just throw the evidence on the wall to see what sticks. We prosecute people when we are certain they committed a crime. As Your Honor knows, the agents left the interview of Mr. Flynn and they said...

... they could not tell from his demeanor whether he actually knew he was lying and they had doubts as to whether he did lie.”

Principal USA Kohl:
“We ultimately had to prove this case with witnesses. There is no recording of what Mr. Flynn said. It's going to be the testimony of the case agents who were there. Most of the agents who were there have since this case was charged [had credibility findings]

Principal USA Kohl: “no audio recording [of the] January 24, 2017 interview of Mr. Flynn. That's the basis of this charge.
There's no audio recording of exactly what he said or didn't say during that interview. It’s just the FBI's recollection based on their notes and their 302”

Principal Assistant US Attorney Kohl: “There were two agents that were present.
Who are we going to call as witnesses in this case? Are we going to call Pete Strzok, the lead agent that had drove this investigation who the Inspector General had said that...

Strozk’s texts “implied a willingness to take official action to impact the presidential candidate's electoral process”
He felt work he was doing would be an insurance policy to blunt Trump if he's elected. The very next day after he sent that message he opened this investigation

Principal AUSA Kohl: “Do we call the second interview in April? A whole separate Office of Inspector General report that found that he misleaded the Foreign Intelligence Surveillance Court about material facts concerning another Trump advisor, Carter Page.

Principal AUSA Kohl: “Or do we call the deputy director who ordered the [Flynn] interview, Andy McCabe, who was fired by DOJ after they determined he lied under oath including to FBI agents?”

Principal AUSA Kohl: “If we move forward in this case, we would be put in a position of presenting the testimony of Andy McCabe, a person who our office charged and did not prosecute for the same offense that we would be proceeding to trial against with respect to Mr. Flynn.”

Principal AUSA Kohl: “So all of our evidence, all of our witnesses in this case as to what Mr. Flynn did or didn't do have
been -- have had specific findings by the Office of Inspector General. Lying under oath, misleading the Court, acting with political motivation.”

Acting AUSA Kohl:
“Never in my career, Your Honor, have I had a case with witnesses, all of whom have had specific credibility findings and then been pressed to go forward with the prosecution. We're never expected to do so”.