Spooky Tooth
New member
No, Flynn's issue was there was never a predicate to conduct an investigation re: Flynn. If there was never an underlying crime/charge then his investigation and subsequent untruths to the FBI relating to facts/dates/meetings were not consequential.
Correct.
Additionally, Under Title 18 Section 1001 (false statements in Federal matters), there are three components: (1) the statement must be false, (2) the person must know they were making a false statement and (3) the issue must be material. The problem for the FBI with Flynn was that agents were apparently unconvinced that Flynn knew he was making false statements with regard to his contact with the Russians. This isn't getting into politics as much as it is a matter of legal distinction. I'm not an attorney but I am a federal agent who has requested Title 18 prosecutions.
I would NEVER ask the DOJ for a Title 18 prosecution if there was a scintilla of a doubt in my mind that my Subject was unsure that they made a false statement. They get a huge amount of leeway from me (and most federal agents) if there is any such doubt.