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Top Republican predicts Flynn's guilty plea will be tossed. Here's why.


Serious misconduct on Mueller's part, it seems

(Andrew Harrer-Pool/Getty Images)

A top congressional Republican predicted Sunday that special counsel Robert Mueller's case against Michael Flynn, the former national security adviser who pled guilty to lying to the FBI, will soon be thrown out of court.

Why will the case be tossed?

Rep. Darrell Issa (R-Calif.), who is retiring from Congress next month, explained on Fox News Sunday that it is his belief, and indeed that of a federal judge, that FBI investigators "violated" Flynn's Miranda rights when they interrogated him. It's that "misconduct" that Issa alleged would lead a judge to toss Mueller's case against Flynn.

"I would not be surprised a bit that the conviction of Flynn is overturned because of the Justice Department and the FBI's misconduct," Issa said.

He further explained: "Judge Sullivan has made it pretty clear that they, in layman's terms, violated his Miranda rights, tricked him into not having a lawyer, when, in fact, he was not only a suspect, but a target, and they had transcripts, this kind of conduct, we haven't seen in a long time."

In fact, the alleged grievance against Flynn is so egregious that Issa predicted the Supreme Court will expand Miranda rights as a direct result of the Flynn case.

"In fact, we go potentially all the way to Supreme Court with new protections when the FBI and the Department of Justice lies to somebody and tricks them into making statements, and then charges them with a lie that they entrapped them in," Issa explained.

What's the background?

Mueller recommended earlier this month that U.S. District Judge Emmet Sullivan, who is overseeing Flynn's case, not hand down prison time to the retired Army lieutenant general. Mueller told the court that Flynn's "substantial assistance" to his investigation deserves leniency.

Unfortunately, newly released court documents revealed last week that FBI agents who interviewed Flynn did not instruct him to have an attorney present when they questioned him in the interview that led to the charges against him.

Additionally, former FBI Director James Comey has admitted that he personally directed FBI agents to interview Flynn at the White House, which is outside the bounds of normal FBI protocol, because he considered the Trump White House to be disorganized.

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