This article appeared online at on Friday, September 25, 2020: 

When another trove of documents relating to the FBI's investigation into Michael Flynn's alleged collusion with Russia was released on Thursday, President Trump celebrated his exoneration at a campaign rally he was holding in Florida: “Today a trove to text messages was released from FBI agents involved in the Russian witch hunt. You gotta see this!”

He read the headline from an article at The Federalist, which had just been published, about the latest revelation: “‘Trump Was Right': Explosive New FBI Texts Detail Internal Furor Over Handling Of ‘Crossfire Hurricane' Investigation. Newly disclosed internal FBI notes and text messages detail the extent of the FBI's desire to take down Trump and his associates at any cost.”

Trump exploded: “These people are scum. They were trying to do a coup. And we've caught them before that, we caught them spying on our nation…. Never forget: they are coming after me because I'm fighting for you.”

That trove — 41 pages of internal memos and text messages between the agents trying to nail Flynn and Trump — included agents discussing their need to buy professional liability insurance, knowing that if the truth ever came out, they'd need it.

They need it.

Wrote Mollie Hemingway at The Federalist:

Federal Bureau of Investigation (FBI) agents tasked by fired former Director James Comey to take down during and after the election were so concerned about the agency's potentially illegal behavior that they purchased liability insurance to protect themselves less than two weeks before Trump was inaugurated president, previously hidden FBI text messages show.

Those needing that coverage include Peter Strzok, Andrew McCabe, and Lisa Page, along with other FBI “analysts” who worked on the FBI's investigation of Michael Flynn.

It was clear for whom they were laboring. Said one agent: “Doing all this election research — I think some of these guys want a Clinton presidency.”

Hemingway concluded,

Despite the overwhelming evidence that Flynn did not lie to agents, [that] the FBI had no legal basis to interview him, that the FBI later hid exculpatory documents from Flynn's team, [that] Flynn did not discuss financial sanctions during his phone calls with Kislyak, and [that] the FBI agents who interviewed Flynn did not believe he lied, federal trial Judge Emmet G. Sullivan has refused to dismiss the case against Flynn.

Flynn's attorney moved immediately to correct that. On Thursday, she sent a copy of the exculpatory release to Sullivan, demanding that he dismiss the case immediately and permanently:

Late last night the Government produced yet another tranche of documents — its fifth production of exculpatory evidence since April of 2020, and its third since its massive Motion to Dismiss [in May]….


The 41 pages of additional evidence demonstrate (i) his [Flynn's] innocence; (ii) the absence of any ; (iii) government misconduct in the suppression of evidence favorable to [his] defense….

This evidence shows outrageous, deliberate misconduct by FBI and DOJ — playing games with the life of a national hero. It negates multiple essential elements required for the prosecution of a false statement offense….

These documents evidence stunning government misconduct that mandates the immediate dismissal of this wrongful prosecution.

She concluded:

There was no case against General Flynn. There was no crime. The FBI and the prosecutors knew what. This American hero and his entire family have suffered for four years from public abuse, slander, libel, and all means of defamation at the hands of the very government he pledged his life to defend.


For these reasons … the Government's Motion to Dismiss [in May] should now be granted with prejudice instanter [immediately] for multiple … and the wrongful prosecution of General Flynn when the agents and prosecutors knew there was no crime.


This hideous abuse of power and travesty of has only been exacerbated by the unprecedented and baseless rulings of [your] court, and it should not continue another day.

It's likely to continue at least until next Tuesday, when Sullivan is to hear arguments from retired judge John Gleeson for continuing the travesty against Flynn.

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