December 2, 2020 / by emptywheel


The Last Trickle of the Mueller 302s before the Biden Storm

Yesterday, DOJ turned over 46 pages of Mueller 302s to Jason Leopold, what it claims is the final installment in response to the BuzzFeed FOIA.It is no such thing. This list, which has almost all of the released 302s (it doesn’t have the 11th and 12th releases entirely indexed), shows that DOJ has entirely withheld a great many 302s.

Among those withheld are every single Mueller 302 for Mike Flynn. It may be that, by holding John Durham on, Bill Barr created an excuse to withhold the 302s until after Emmet Sullivan affirms Flynn’s pardon.

There is a bit of intrigue in this last bit.

Unless I’m missing it, there’s no 302 identified from Trump Homeland Security Czar Tom Bossert. That’s particularly interesting because this September 2017 Mike Flynn warrant strongly suggests the Mueller team already had Bossert’s Transition emails, which would mean he retained his emails and turned them over. For all the wailing about this warrant (which Mueller used to obtain the GSA devices and emails of people like Steve Bannon and Jared Kushner), Bossert pretty clearly had already cooperated by this point.

Remember: KT McFarland had Bossert go find out from Lisa Monaco what the Obama Administration knew about Russia’s response to Obama’s sanctions before Flynn returned Sergey Kislyak’s phone call and undermined the sanctions.

This new batch doesn’t have a Bossert 302. But it does have at least 3 302s pertaining to an FBI detailee to the National Security Council, reflecting two interviews on October 10, 2017 (one plus this missing page, two), and Bill Priestap’s notes from talking to what is probably the same detailee (and Ezra Cohen-Watnick), and possibly a fourth 302 reflecting someone turning over 3 documents.

These seem to pertain to what happened to the MemCon of Trump’s meeting with Russian foreign minister Sergey Lavrov right after firing Jim Comey, at which Trump shared highly classified information and boasted about firing Comey. It appears the detailee was grilled about what he thought of Comey’s firing. Then, after the NYT published news that Trump shared classified information, he was grilled again by John Daley and Bossert without his own boss being present.

When [redacted] learned that he had been summoned, he suspected that it might have to do with a news article published earlier that day, which reported that President TRUMP  had revealed highly sensitive information during the meeting with LAVROV.

At the meeting, Bossert appears to have claimed that he would not have approved certain treatment of the MemCon, only to have the detailee remind him that, yes, both Bossert and Daly had signed off on however the MemCon had been treated. The detailee seemed to suggest that those who had seen the MemCon had been fired from NSC.

It seems possible that deep inside the Mueller investigation was a leak investigation into how the MemCon of that meeting got liberated.

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