Now-fired agent Peter Strzok stopped the FBI from closing its investigation into retired Lt. Gen. Michael Flynn in early January 2017 after uncovering “no derogatory information” on the incoming White House national security adviser, according to newly released records.
Emails from later that month show Strzok, along with then-FBI lawyer Lisa Page and several others, sought out ways to continue investigating Flynn, including an email from Strzok admitting that he wanted to use a defensive debriefing of Flynn as a “pretext” after the bureau moved to shut down the case.
The disclosures are among the trove of redacted FBI documents, emails, and text messages released on Thursday that have been touted by Flynn’s lawyers as exculpatory evidence heretofore concealed from the defense team.
“The revelations of corruption by the FBI to intentionally frame Gen. Flynn for crimes the FBI manufactured piles on with each new production of documents,” said Sidney Powell, a former federal prosecutor who took over Flynn’s defense last summer. “Unequivocally, the documents prove the egregious extent to which those involved violated the constitutional rights of the national security adviser of the United States of America and a military hero, who put his life on the line for over three decades to preserve those very rights for every American citizen.”
Flynn, 61, is fighting to dismiss the government’s case against him. He pleaded guilty in December 2017 to lying to investigators about his conversations with Russian diplomat Sergey Kislyak about sanctions on Russia and a United Nations resolution on Israel. The FBI intercepted Flynn’s discussions with Kislyak, after which Strzok and another agent, believed to be Joseph Pientka, grilled him on the contents of the conversation on Jan. 24, 2017.
A draft FBI electronic communication from the Washington field office dated Jan. 4, 2017, was made public with heavy redactions, revealing the Trump-Russia Crossfire Hurricane team made “Crossfire Razor” the code name for Flynn. The draft stated that the FBI had “opened captioned case based on an articulable factual basis that CROSSFIRE RAZOR may wittingly or unwittingly be involved in activity on behalf of the Russian Federation which may constitute a federal crime or threat to the national security.”
The FBI document repeatedly stated that the bureau turned up “no derogatory information” on Flynn since the inquiry began in the summer of 2016.
“The CH team determined that CROSSFIRE RAZOR was no longer a viable candidate as part of the larger CROSSFIRE HURRICANE umbrella case. A review of logical [REDACTED] databases did not yield any information on which to predicate further investigative efforts. While a CHS [confidential human source] provided some information on CR’s interaction with [REDACTED] the absence of derogatory information on [REDACTED] limited the investigative value of the information,” the FBI’s closing document stated, adding, “Per the direction of FBI management, CROSSFIRE RAZOR was not interviewed as part of the case closing procedure. The FBI is closing this investigation.”
But the same day that the FBI was closing the Flynn case, texts from Strzok reveal he intervened to keep it open.
Strzok sent a text to an unidentified FBI official, saying, “Hey if you haven’t closed RAZOR, don’t do it yet.” The FBI official replied, “Okay.” Strzok asked, “Still open right? And you’re the case agent? Going to send you [REDACTED] for the file.” The FBI official confirmed: “I have not closed it … Still open.”
“Rgr. I couldn’t raise [REDACTED] earlier. Pls keep it open for now,” Strzok told the FBI case agent.
Earlier that day, as records obtained by conservative watchdog group Judicial Watch show, Strzok forwarded Page a 14-page research paper on the Logan Act, likely explaining the novel legal theory that Strzok employed to keep the Flynn case open.
After learning the Flynn case had not been closed yet, the records show Strzok gleefully texted Page: “Razor still open. :@ but serendipitously good, I guess. You want those chips and Oreos?”
“Phew,” Page replied. “But yeah that’s amazing that he is still open. Good, I guess.”
Strzok wrote: “Yeah, our utter incompetence actually helps us. 20% of the time, I’m guessing :)”
When an FBI official, who has not been publicly identified, texted Strzok to ask if they could help with anything, Strzok said, “Just need to relay to him not to close RAZOR yet. I talked with [REDACTED].” Strzok added, “Need to decide what to do with him with regard to the [REDACTED]. 7th floor involved.”
The “7th floor” refers to the FBI’s top brass, which at the time was led by FBI Director James Comey and FBI Deputy Director Andrew McCabe.
The FBI official told Strzok, “I heard that might be the case yesterday,” and asked, “Did DD send that material over?” in a likely reference to McCabe.
An email from Strzok to Crossfire Hurricane team leader Bill Priestap and others on Jan. 21, 2017, provided insight into Strzok’s thought process for continuing to look into Flynn.
Strzok suggested they “provide a defensive briefing to him about CROSS WIND” — an FBI target whose identity has not been confirmed.
“I think my preference would be to provide him a defensive briefing about [REDACTED], put him on notice, and see what he does with that. If that’s not possible, then continue to monitor,” Strzok said. “We need to discuss what happens if DOJ directs us, or directly tells, VPOTUS or anyone else about the [REDACTED] specifically with regard to hat we do directly with him.”
Strzok added, “I think it will be very difficult not to do some sort of overt step with him, a defensive briefing or interview under light ‘defensive briefing’ pretext unless WH specifically directs us not to.”
In a filing earlier this year, Powell pointed to a section of DOJ Inspector General Michael Horowitz’s report, which showed that the intelligence briefing the FBI gave to then-candidate Trump’s team in August 2016 during the presidential campaign was a “pretext” to gather evidence to help in the counterintelligence investigation into Trump’s campaign.
Records released on Wednesday included handwritten notes from Priestap on the day the FBI interviewed Flynn, showing doubts about the strategy being pursued by others in the bureau.
“I agreed yesterday that we shouldn’t show Flynn [REDACTED] if he didn’t admit,” but “I thought about it last night and I believe we should rethink this,” the FBI official wrote. “What is our goal? Truth/Admission or to get him to lie, so we can prosecute him or get him fired?”
Former FBI Director James Comey admitted that he took advantage of the chaos in the early days of President Trump’s administration when he sent agent Strzok and another FBI agent to talk to Flynn. Flynn agreed to cooperate with Robert Mueller’s special counsel investigation, admitting and then reaffirming his guilt in 2017 and 2018. The defense team that negotiated the plea deal was fired, and since taking over last summer, Powell has argued that “there never would’ve been a plea to begin with” if Flynn knew how much information the Justice Department was hiding from him.
Strzok and Page took part in the Hillary Clinton email and Russia investigations, and upon the disclosure of text messages between them, Republicans accused the pair of being part of a plot to undermine Trump. Although Horowitz criticized both investigations, the DOJ watchdog did not find bias tainted either one. After being fired in the fall of 2018, Strzok filed a wrongful termination lawsuit in August of last year.
Flynn told the court earlier this year that he was “innocent of this crime.” He filed to withdraw his guilty plea after the Justice Department asked the judge to sentence him to up to six months in prison — though afterward, the department said probation would also be appropriate. Powell is pressing for the dismissal of his case by arguing that the FBI unfairly treated Flynn.
