by Sheldon Richman
December 16, 2017
Antiwar.com

One of the unfortunate ironies of the manufactured “Russiagate” controversy is the perception of the FBI as a friend of liberty and justice. But the FBI has never been a friend of liberty and justice. Rather, as James Bovard writes, it “has a long record of both deceit and incompetence. Five years ago, Americans learned that the FBI was teaching its agents that ‘the FBI has the ability to bend or suspend the law to impinge on the freedom of others.’ This has practically been the Bureau’s motif since its creation in 1908…. The FBI has always used its ‘good guy’ image to keep a lid on its crimes.”

Bovard has made a vocation of cataloging the FBI’s many offenses against liberty and justice, for which we are forever in his debt.

Things are certainly not different today. Take the case of Michael Flynn, the retired lieutenant general who spent less than a month as Donald Trump’s national-security adviser. Flynn has pleaded guilty to lying to the FBI in connection with conversations he had with Russia’s then-ambassador to the United States, Sergey Kislyak, between Trump’s election and inauguration. One need not be an admirer of Flynn – and for many reasons I certainly am not – to be disturbed by how the FBI has handled this case.

One ought to be immediately suspicious whenever someone is charged with or pleads guilty to lying to the FBI without any underlying crime being charged. Former assistant U.S. attorney Andrew C. McCarthy points out:

When a prosecutor has a cooperator who was an accomplice in a major criminal scheme, the cooperator is made to plead guilty to the scheme. This is critical because it proves the existence of the scheme. In his guilty-plea allocution (the part of a plea proceeding in which the defendant admits what he did that makes him guilty), the accomplice explains the scheme and the actions taken by himself and his co-conspirators to carry it out. This goes a long way toward proving the case against all of the subjects of the investigation.

That is not happening in Flynn’s situation. Instead, like [former Trump foreign-policy “adviser” George] Papadopoulos, he is being permitted to plead guilty to a mere process crime.

When the FBI questioned Flynn about his conversations with Kislyak, it already had the transcripts of those conversations – the government eavesdrops on the representatives of foreign governments, among others, and Flynn had been identified, or “unmasked,” as the ambassador’s conversation partner. The FBI could have simply told Flynn the transcripts contained evidence of a crime (assuming for the sake of argument they did) and charged him with violating the Logan Act or whatever else the FBI had in mind.

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