Newly unsealed court documents appear to suggest Joe Biden personally called to investigate then-incoming NSA Michael Flynn in January of 2017 under an obscure and rarely used law, according to Flynn’s lawyers.
Court papers filed Wednesday by Flynn’s legal defense team claim Biden “personally raised the idea” of investigating Flynn during his last few days in the White House. The documents also claim then-President Barack Obama “told top members of his administration that ‘the right people’ should investigate Flynn,” according to the New York Post.
The NY Post added, “but then-FBI Director James Comey acknowledged during the meeting — which also involved Deputy Attorney General Sally Yates and possibly national security adviser Susan Rice — that Flynn’s conversations with Kislyak ‘appear legit.'”
This deduction comes courtesy of partially blacked-out handwritten notes jotted down on January 4th, 2017 by disgraced FBI agent Peter Strzok attached to the court filings in which Strzok wrote “VP: Logan Act.” Many, including Flynn’s attorney’s, interpret that line as saying it was Biden who initially raised the idea of investigating Flynn under the Logan Act.
“Wednesday’s four-page court filing, which was submitted in secret on Jan. 24, was made public following Wednesday’s blockbuster ruling by a federal appeals court that ordered the judge in Flynn’s case to let him withdraw his guilty plea for lying to the FBI about his conversations with Kislyak,” The NY Post continued.
The Logan Act is scarcely used law from 1799 which barrs any unauthorized individual from communicating with foreign powers and diplomats in any official capacity. Since its inception, the Logan Act was only used to indict two people in the early and mid 1800’s. Neither case led to a conviction.
At the time, Flynn was the incoming National Security Advisor for the Trump administration, and during his call with Russian Ambassador Serge Kislyak Flynn asked Kislyak to hold off on retaliating to a newly enacted Obama policy as it may change after the inauguration.
“According to Strzok’s notes, it appears that Vice President Biden personally raised the idea of the Logan Act,” defense lawyers Jesse Binnall and Sidney Powell wrote in the filings. ”That became an admitted pretext to investigate General Flynn.”
This revelation comes after Biden lied during an interview with George Stephanopoulos claiming to be unfamiliar with the probe into General Flynn, saying “I know nothing about those moves to investigate Michael Flynn.” Within minutes the former Vice President backtracked saying he misheard the question despite citing it in his initial response.
“I was aware that there was — that they asked for an investigation, but that’s all I know about it, and I don’t think anything else,” Biden later admitted.
Shortly after the interview, documents released by the Acting Director of National Intelligence Richard Grenell show Biden was among the top level cabinet members who requested the unmasking of Michael Flynn by the Attorney General. These court documents reveal Biden was further involved in Flynn’s targeting than we once thought.