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!
Gary,
As a retired FBI agent myself, I read your article with interest. The only correction (minor at that) is that 1-A’s and 302’s are typically kept in a rotary file cabinet, not in an forensic evidence room. If the file is closed, they are kept in a separate file room. Also, if distributed as reported to other offices, it would be difficult, if not impossible to retract the copies. I suppose an order from the Director could make it happen, but it would be done by the rotor clerks handling the paperwork. (Ironically, an investigation would create 302’s documenting such).
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Thanks for the info, Mr. DiLaura.
I have always regarded “302s” to be a flawed way of collecting evidence.
When an agent interviews a witness, he takes notes.
Later, presumably the same day, the agent uses those notes and his recollections to reproduce the witness’ story.
Because the notes are not verbatim and the agent’s recollections are also used, there is always room for error.
Because General Flynn’s conversations had already been recorded, there was no need for a 302.
The whole interview was a Perjury Trap.
If Flynn did not remember precisely what was said, he would be charged with perjury.
The last three years have been a non-stop coup de’tat against President Donald Trump.
And Adam Schiff is threatening a new impeachment trial.
Shadowstate: Before I was following Russiagate, I’d heard the name Adam Schiff a few times. I was shocked when I finally saw a picture of him. He gives off almost as big a sleaze aura as Raniere.
Shillue does a better Schiff than Schiff: https://www.bing.com/videos/search?q=tom+shillue+schiff&qpvt=tom+shillue+schiff&FORM=VDRE LOL
Diane:
The Democrats, including Adam Schiff, are now threatening to bring new impeachment charges against Trump by 2021.
It’s almost Government by Extortion.
It’s not how our country is supposed to work.
House Democrats Tell Supreme Court They May Impeach Trump Again by 2021
House Democrats told the Supreme Court on Monday they need access to secret grand jury materials because they are still investigating President Donald Trump in connection with Russia “collusion” and may want to impeach him, again.
https://www.breitbart.com/politics/2020/05/18/house-democrats-tell-supreme-court-they-may-impeach-trump-again-by-2021/
One more good reason to vote Republican in November.
I disagree with your assessment of a 302 bing a poor form of evidence. It’s not actually evidence. It is heresay. Should the case come to trial then the witness would be called to testify, not the agent. The agent would only be called when the witness is not available to testify. The 302 is used in reports to the US Attorney and turned over to the defense for trial, wherein the defense could interview the witness on their own.