Here’s how lawfare works when the FBI wants to get you:
Former FBI Deputy Director Andrew McCabe, who arranged the bureau’s interview with then-national security adviser Michael Flynn at the White House on Jan. 24, 2017 — the interview that ultimately led to Flynn’s guilty plea on one count of making false statements — suggested Flynn not have a lawyer present at the session, according to newly-filed court documents. In addition, FBI officials, along with the two agents who interviewed Flynn, decided specifically not to warn him that there would be penalties for making false statements because the agents wanted to ensure that Flynn was “relaxed” during the session.
The new information, drawn from McCabe’s account of events plus the FBI agents’ writeup of the interview — the so-called 302 report — is contained in a sentencing memo filed Tuesday by Flynn’s defense team…
In one striking detail, footnotes in the Flynn memo say the 302 report cited was dated Aug. 22, 2017 — nearly seven months after the Flynn interview. It is not clear why the report would be written so long after the interview itself.
The stench of FBI misconduct is pretty strong.
By the way, in case you don’t know what I meant by the word “lawfare” in that first sentence, here’s the definition:
Lawfare is a form of war consisting of the use of the legal system against an enemy, such as by damaging or delegitimizing them, tying up their time or winning a public relations victory.
There are many forms the war against Donald Trump has been taking, but lawfare is a very big part of it. The objectives are many: incarceration at some future date, and/or removal from office, and/or disgrace, and/or loss of support from Republicans, and/or electoral loss for Trump and/or Republicans in general, and/or sowing fear in the hearts of anyone who might be tempted to work for the Trump administration.
Any weapon in the legal arsenal is favored and approved, but the following have been especially in evidence lately: interviews leading to the charge of what’s called “process” crimes (such as lying to the FBI, a crime caused by the investigation itself even though no underlying crime has occurred to justify the investigation); and charging Trump officials and/or associates with crimes that are ordinarily either not considered crimes or not charged as such (see this).
The primary goal is not to convict the likes of Flynn or even the far less sympathetic figures of Cohen or Manafort. They are merely collateral damage along the way. The real aim is to get them to turn on Trump and offer red-meat information (even false information) that will help to impeach or otherwise harm him politically.
I’ve been writing about this sort of thing a great deal lately, and it’s not just because of Trump. It’s because this sort of lawfare against political opponents harms us all, both actually and potentially. It’s one of the main ways a country goes down the tubes. “The ends don’t justify the means” is a saying that’s often been violated, and that violation seems to me to be happening more and more and more in this country as time goes on, and is being justified by an increasing number of people.
[ADDENDUM: See also this article for further information on the dates of the FBI’s 302 reports on the Flynn interview.]


