Rep. Darrell Issa Predicts Flynn's Guilty Plea Will Be Thrown Out Due To FBI "Misconduct"

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With former FBI director Jim Comey returning to Capitol Hill for a second day of questioning Monday, Rep. Darrell Issa predicted that Special Counsel Robert Mueller's case against ex-National Security Adviser Michael Flynn will be thrown out due to "the Justice Department and the FBI's misconduct."

Issa told FOX's 'Sunday Morning Futures' that the FBI "tricked" Flynn into speaking without a lawyer and then charged him "with a lie they entrapped [him] in." He said Comey would face questioning on the subject on Monday.

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





"I believe, in the next Congress, the Senate might actually have to go to a federal judge and say, let's talk about the lies you were told, because we're getting stonewalled by this Department of Justice."

BARTIROMO: Joining me right now in an exclusive interview is California Republican Congressman Darrell Issa. He sits on the House Judiciary and Oversight and Government Reform Committees.

And, Congressman, it's always a pleasure to see you. Thanks so much for being here.

REP. DARRELL ISSA (R), CALIFORNIA: A real pleasure, Maria.

And, like you say, tomorrow is going to be a very different day for Comey, particularly in light of what we have learned, the misconduct during the Flynn investigation was all about, thanks to a judge that demanded to understand what had happened.

BARTIROMO: But, I mean, the last time he came before your committee, he said he didn't remember or didn't recall 245 times.

How are you going to get him to be honest this time?

ISSA: Well, he made a comment not long ago that -- that they never would have gotten Flynn in a more organized administration.

And now that 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.

It is the reason that there was a Supreme Court decision on Miranda about informing rights. And I would not be surprised a bit that the conviction of Flynn is overturned because of the Justice Department and the FBI's misconduct, and that, 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.

BARTIROMO: Yes.

We ran that sound bite earlier of Jim Comey saying that, we wouldn't have been able to get away with it if it were a more organized administration.

It certainly did look like what The Wall Street Journal called entrapment.

What else do you want to get from Jim Comey? When we followed your investigation all year, and we know that there were abuses to the FISA court, do you think you could move that ball forward?

ISSA: I think we will, particularly this postdating of 302, in other words, making documents sort of morph into what they want them to, rather than writing them and having them be a historic document.

But, certainly, the FISA abuse, we're going to learn more and more. Ultimately, for the first time ever, I believe, in the next Congress, the Senate might actually have to go to a federal judge and say, let's talk about the lies you were told, because we're getting stonewalled by this Department of Justice.

But tomorrow's a big day to at least ask some very specific questions on new revelations and things that we didn't get to, because Comey very carefully put a hard stop in that allowed him to get out and take a breather.

BARTIROMO: All right, so you have got Jim Comey, Loretta Lynch next week as well.

And what's the potential of Rod Rosenstein testifying?

ISSA: Well, I talked -- I talked to Chairman Goodlatte. He is still working on it.

I think, certainly, Rosenstein would like to avoid it, but I think we will get him.

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