WASHINGTON — Russia special counsel Robert Mueller Friday rejected any notion that former Trump administration national security adviser Michael Flynn was tricked by FBI agents into lying about his communications with Russian ambassador Sergey Kislyak, resulting in his prosecution.
"The interview was voluntary, and lacked any indicia of coercion," Mueller's team asserted in new court documents, referring to the Jan. 24, 2017 interview at the White House just days after President Donald Trump's inauguration.
The new filings come after Flynn's attorneys suggested earlier this week that the FBI duped the former national security adviser by not warning him about the criminal consequences for lying to agents during the interview in which Flynn has now acknowledged falsely denying that his conversation with Kislyak included a discussion of Russia sanctions.
"A sitting national security adviser, former head of an intelligence agency, retired lieutenant general and 33-year veteran of the armed forces knows he should not lie to federal agents," prosecutors said.
"The court should reject the defendant's attempt to minimize the serious of those false statements to the FBI."
The new filings come in advance of Flynn's Dec. 18 sentencing. Prosecutors have recommended no prison time for the former Trump administration official who they said has provided substantial cooperation in the ongoing Russia investigation. Flynn's attorneys also have asked that he be spared prison time.
Before the interview, Flynn's attorneys have said, FBI officials had decided that they would not warn Flynn about the potential criminal jeopardy he faced for making false statements.
"One of the agents reported that General Flynn was 'unguarded' during the interview and 'clearly saw the FBI agents as allies,'" Flynn's attorneys said in court documents earlier this week.
The attorneys noted that the interview had been arranged by then-Deputy FBI Director Andrew McCabe, who was subsequently fired for unauthorized disclosures to reporters. One of the interviewing agents was Peter Strzok, a senior counterintelligence agent who was later dismissed for making disparaging comments about candidate Donald Trump in text messages exchanged with an FBI lawyer who was Strzok's girlfriend.
"Even when circumstances later came to light that prompted extensive public debate about the investigation of General Flynn, including revelations that certain FBI officials involved in the Jan. 24 interview of General Flynn were themselves being investigated for misconduct, General Flynn did not back away from accepting responsibility for his actions," Flynn's attorneys said.
Last week, Mueller's prosecutors provided an account of Flynn's extensive cooperation, citing the former general's "substantial" assistance to the Russia inquiry and at least two other undisclosed investigations in recommending that he serve no prison time.
Flynn, according to prosecutors, has met with investigators 19 times since he pleaded guilty last year to lying to the FBI about his contacts with Kislyak during the run-up to Trump's inauguration.
Prosecutors have lauded Flynn's assistance, claiming that his early guilty plea and decision to cooperate "likely affected the decisions of related firsthand witnesses to be forthcoming with the (special counsel’s office) and cooperate.”
"The court should reject the defendant's attempt to minimize the serious of those false statements to the FBI."
The new filings come in advance of Flynn's Dec. 18 sentencing. Prosecutors have recommended no prison time for the former Trump administration official who they said has provided substantial cooperation in the ongoing Russia investigation. Flynn's attorneys also have asked that he be spared prison time.
Before the interview, Flynn's attorneys have said, FBI officials had decided that they would not warn Flynn about the potential criminal jeopardy he faced for making false statements.
"One of the agents reported that General Flynn was 'unguarded' during the interview and 'clearly saw the FBI agents as allies,'" Flynn's attorneys said in court documents earlier this week.
The attorneys noted that the interview had been arranged by then-Deputy FBI Director Andrew McCabe, who was subsequently fired for unauthorized disclosures to reporters. One of the interviewing agents was Peter Strzok, a senior counterintelligence agent who was later dismissed for making disparaging comments about candidate Donald Trump in text messages exchanged with an FBI lawyer who was Strzok's girlfriend.
"Even when circumstances later came to light that prompted extensive public debate about the investigation of General Flynn, including revelations that certain FBI officials involved in the Jan. 24 interview of General Flynn were themselves being investigated for misconduct, General Flynn did not back away from accepting responsibility for his actions," Flynn's attorneys said.
Last week, Mueller's prosecutors provided an account of Flynn's extensive cooperation, citing the former general's "substantial" assistance to the Russia inquiry and at least two other undisclosed investigations in recommending that he serve no prison time.
Flynn, according to prosecutors, has met with investigators 19 times since he pleaded guilty last year to lying to the FBI about his contacts with Kislyak during the run-up to Trump's inauguration.
Prosecutors have lauded Flynn's assistance, claiming that his early guilty plea and decision to cooperate "likely affected the decisions of related firsthand witnesses to be forthcoming with the (special counsel’s office) and cooperate.”
