It was revealed last week that the FBI did not tell Flynn that false statements during the informal interview would be held against him. Flynn is set to be sentenced this week.
A day before fired FBI Director James Comey is set to again testify behind closed doors with House Republicans, a party leader is predicting that Special Counsel Robert Mueller's case against ex-National Security Adviser Michael Flynn will soon be thrown out of court.
California Republican Rep. Darrell Issa told Fox News' "Sunday Morning Futures" that the FBI had "tricked" Flynn into not having a lawyer and had improperly "post-dated" documents to "morph" them into critical evidence against him. He promised Comey would face tough questioning about the episode.
"Tomorrow is going to be a very different day for Comey, particularly in light of what we've learned -- the misconduct during the Flynn investigation was all about, thanks to a judge that demanded to understand what had happened," Issa told host Maria Bartiromo, referring to U.S. District Judge Emmet G. Sullivan's order last week that led Mueller to turn over key documents in the case.
He continued: "I would not be surprised a bit if the conviction of Flynn is overturned, because of the Justice Department and FBI's misconduct -- and that in fact, we go potentially all the way to the Supreme Court, with new protections -- when the FBI and the Department of Justice lies to someone and tricks them into making statements, and then charges them with a lie they entrapped them in. ... This kind of conduct we haven't seen in a long time."