New information regarding the Justice Department’s investigation and treatment of former National Security Adviser Michael Flynn suggests he’s not a guilty criminal but rather a victim of “classic entrapment,” argues former Trump administration official Sebastian Gorka.
“If you listen to the testimony of the two FBI agents who don’t think he was lying, if you look at what we now know about McCabe, who said, ‘You don’t need a lawyer, Gen. Flynn. This is just an innocuous discussion,'” he said Wednesday evening on Fox News‘ “Hannity.”
“And then what do they do? They trap him in a process crime. Everybody watching this show right now could be trapped in a processed crime. I don’t care how much of a boy scout you’ve been — everyone has a faulty memory.”
“And you say one thing on Monday when you think you’re in a friendly discussion with some fellow patriots, and then a week later you remember things differently. That’s it. You’ve committed a felony because you lied to federal agents. That’s entrapment.”
Listen to part one of the discussion below:
Though Flynn pleaded guilty last year to lying to federal authorities about otherwise perfectly legal discussions he had with Russian officials during President Donald Trump’s transition to power in late 2016, the evidence suggests he never actually lied but rather was coerced into admitting otherwise.
And he was reportedly coerced into admitting otherwise after first being persuaded by then-FBI Deputy Director Andrew McCabe to not have an attorney present while being questioned, according to a court filing submitted earlier Wednesday by Flynn’s legal team.
Former Rep. Jason Chaffetz concurred with Gorka, adding that the FBI’s apparent mistreatment of the former national security adviser stemmed entirely from its virulently anti-Trump bias.
“My grandfather was a career FBI agent. We have a great affinity for the FBI, but the upper echelon, it is now well documented the bias and the animus that they have,” he said.
“What’s also very striking to me is the the difference in the way justice was played out, because I was a key player in what was going on in trying to get the truth with Hillary Clinton and her email and the transfer of classified information to a non-classified setting, putting people’s lives in danger.”
Yet the FBI offered Clinton’s closest aides and officials immunity. The bureau likewise chose to not recommend charges be filed against Clinton, despite her recklessness and potential criminal activity.
With Trump’s associates, including his former national security adviser, it’s been an entirely different story: “It doesn’t feel like we have that equal application of justice,” Chaffetz noted.
After a brief discussion between Gorka, Chaffetz, and Fox News host Sean Hannity about what many believe to be the real crimes committed by Trump’s enemies, including Clinton, the topic then returned to Flynn and his potential fate, which could include a stint in prison.
“The president could pardon general Flynn and he would make a great chief of staff, don’t you think?” Gorka said tongue in cheek, though the idea isn’t actually impossible.
The last the president spoke of a potential pardon for Flynn was last year, when he simply said, “I don’t want to talk about pardons with Michael Flynn yet. We’ll see what happens, let’s see.”
President Trump this morning after being asked: “I don’t want to talk about pardons with Michael Flynn yet, we’ll see what happens, let’s see. I can say this, when you look at what’s going on with the FBI and the Justice Department, people are very, very angry.”
— Jake Tapper (@jaketapper) December 15, 2017
It’s unclear if his position has changed since.
According to a growing number of Americans, however, Flynn does deserve to be pardoned.
— Tom Fitton (@TomFitton) December 12, 2018
@realDonaldTrump … PARDON General Flynn & give him the Medal of Freedom for his 33 years of service to America … give it to General Kelly too … and posthumously to General Swartzkoff (VFMAC ‘58) … Dr. Scott Crull, PhD (VFMAC ‘70) …
— Scott Crull (@Ghost_PhD) December 13, 2018
Schiff used taxpayer funds to settle a sexual harassment case pardon Flynn make him the new cos
— Canuck1 (@elfcaper) December 13, 2018
I think he should pardon Flynn and bring him on as advisor !!!!
— deplorables unite (@allaboutYah) December 13, 2018
POTUS this is the deal pardon General Flynn and his family make him chief of staff! We your supporters will make General Flynn whole by giving him a dollar each on a special go fund General Flynn. Time for a reckoning put the creeps in their place!
— Akilacares (@akilacares) December 13, 2018
Pardon General Flynn, he is a great man who loves America. Then, hire General Flynn as your new Chief of Staff. The FBI treated General Flynn very badly, not even Peter Stzrok thought General Flynn lied.
— Susan (@susan4trump2016) December 13, 2018
Welcome to the brand of equal justice under the corrupt FBI operating under the umbrella of Comey, Lynch and Obama. Pardon Flynn, order those who handled the interview terminated immediately and warn Wray we are watching him. Disgusting Swamp!
— Gomshall Murrel (@monamanthei) December 13, 2018
There will be a time to reverse this injustice beginning with the pardon of Flynn and Manafort. Then the jailing of all the deep staters that illegally targeted their political opponents.
— JCS (@jsazusa) December 13, 2018
Included among those who believe this is Rep. Matt Gaetz.
“I believe President Donald Trump should pardon Michael Flynn,” he said in a statement Wednesday. “Michael Flynn is largely dealing with a plea deal as a consequence of process, not as a consequence of some nefarious affirmative action he took.”