By J. Gary DiLaura, FBI retired.
FOX reported that the President has called for the FD 302 of General Michael Flynn’s FBI interview… but it’s lost.
I don’t think so.
An FD 302 is direct evidence of an interview, forensic examination or some other important event where there will be testimony and entered as evidence during the trial.
The original is maintained in a file folder, itemized, with a Charge Out Slip on top and is part of the Chain of Evidence. It is also 3500 material which is Discovery Material that, under the Federal Rules… “must” be turned over to the defense in a timely fashion, before any criminal proceedings.
Copies of FD 302’s must be in the Prosecutive Report the case Agent has to prepare for the prosecutor. The AUSA or Mule Team lawyer must have been given the report. Also there is a Distribution Column for who received copies… that’s all, of course, if Peter Strzok knew how to do the report, knew he had to do one or… was he told by James Comey not to do a report?!
Please tell me Flynn’s attorney requested and received all 3500 material before trial and received the FBI interviews of their client, General Flynn. That is the case…the lie.
The FD 302 would be the evidence of the lie Flynn allegedly told. The notes of that interview, under FBI Rules and Regulations, and the Best Evidence Rules, must have been initialed by Strzok and any other interviewers, placed in an evidence, 1A envelope, and logged into the evidence room.
I doubt that the Office of Origin, FBI HQ, even has an evidence room or an Evidence Clerk who keeps track of all FBI evidence for his office, and maintains the evidence log which is also part of the chain of custody of the evidence.
There’s another good question and reason why HQ is never Office of Origin [OO] besides not having an investigative staff, they are unprepared to maintain the Chain of Custody for evidence, which is required under the Federal Rules of Criminal Procedure!
James Comey was a US Attorney, and knows all that I just explained, that is if he did more than just lock up public enemy number 1 Martha Steward!