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Court Transcript - FLYNN
Court Transcript - FLYNN
APPEARANCES:
APPEARANCES: Cont.
2 (11:06 a.m.)
10 everyone.
13 government.
16 a minute or so, maybe more than a minute. So, just to put some
19 cause, ECF Number 109. The Court on its own scheduled this
21 for the motion hearing. And today the Court intends to schedule
22 Mr. Flynn's sentencing as well, but we'll talk about that. Don't
23 get alarmed.
6 One, the status of Mr. Flynn's cooperation; two, whether the case
12 report. That's ECF Number 107. The parties advised the Court
14 whether the case is ready for sentencing. Mr. Flynn stated that
15 the case is not ready for sentencing because his new counsel
16 recently received the entire file from his former counsel, and
23 proceed further," and that's the joint status report, ECF Number
4 interview of Mr. Flynn on January the 24th and the 1-A file.
7 stated that the case is ready for sentencing, and the government
9 21st and 23rd or November the 1st and 15th. The government
10 advised the Court that it was not aware of any issues that
16 CIPA Section 4. And the government also stated that Mr. Flynn
23 obligations under Brady v. Maryland, 373 U.S. 83, and the Court's
25 And let me just say -- and I think I said this at the last
2 case. I was not the judge who took the plea, but even after the
6 because that's what I do, and no one should read anything else
7 into it.
21 for security clearances. See the joint status report, ECF Number
22 107, pages 2 to 3.
5 been held, the reason for the hearing, and the legal authority
15 strike that.
20 counsel.
22 stating that the Court will set a briefing schedule and a motions
7 Brady order.
13 plea."
15 parties. This Court -- had this Court even taken the plea --
16 actually, the Court did take a plea, it took the second plea --
17 but had the Court taken the first plea, that provision is not
1 has not complied with it at all. Don't read anything into it.
2 I'm just letting everyone know what the Court's position is,
9 under CIPA.
16 First, "The Court must assess whether the information crosses the
3 Code 1001(a)(2). Mr. Flynn has twice pled guilty to this charge.
14 the plea at that point if they wanted to, and the Court was
20 sentencing.
22 then the parties need to focus on what are the next steps, if
23 any, that the Court needs to embark on, but that's -- that's for
24 the future.
1 would set a briefing schedule and a date for the motion hearing.
8 time. The Court will then hear from defense counsel. The Court
9 would like to know from Mr. Flynn's -- from defense counsel what
1 its opposition. To the extent that affects the hearing date that
2 the Court just proposed, the government is fine with moving that
3 up accordingly.
5 December 18th date for sentencing, that date works for the
15 record?
24 as the case may be, and that is why we filed the motion to compel
4 removal of Mr. Strzok and Ms. Page, yet not a single Page/Strzok
9 THE COURT: All right. I'm tempted to ask you: How so?
13 right.
17 fired from the Special Counsel's team and, ultimately, from the
4 guilty to --
20 Mr. Flynn as of February 8th. So that means that Mr. Comey lied
23 justice narrative based on what was said about Mr. Flynn in that
25 THE COURT: I didn't see the news last night, but there's
2 MS. POWELL: Oh, no, but Mr. Van Grack stood here on
3 December 18th last year and implied to the Court that was one of
4 his, you know, possibilities for liability, when Mr. McCabe had
17 he pled guilty.
22 more often than not. So not just the February -- January 30th
4 is headed towards?
7 the plea.
9 though, that's --
12 charge?
7 things --
9 right?
10 MS. POWELL: The 302s and the notes underlying the 302s.
13 the 24th and the 302 they produced. We're missing the original
14 302 by Mr. Pientka, which according to FBI rules had to have been
16 has never been produced to this Court. They say they don't have
19 produced.
1 unredacted.
10 MS. POWELL: And I might point out also that the Brady
16 precedence.
22 assumption, and --
25 MS. POWELL: -- But yet they just produced a few weeks ago
13 any sort of agent of any foreign country. And they also reported
14 in that that he had briefed the DIA before his meeting with the
15 Turkish officials in New York, that they then wanted to claim was
17 Statement of Offense.
1 Court, this Court, will often, if not every time, look at what
3 it's significant. And the Court didn't lose focus on this fact
16 find out what the other things are, unless you want to tell me
17 today.
23 MS. POWELL: I can tell the Court that, you know, there is
25 that Mr. Comey set up the ambush interview of Mr. Flynn but
2 hearing in this Court, and only then because Mr. Comey had
4 So there is just --
9 ambushed, and that's when I started thinking, look, I'm not going
12 motion.
14 itself then. You know, there was so much water under the bridge
15 by that time, one of my points is, there never would have been a
16 plea to begin with if the government had met its Brady obligation
1 the 302s.
14 Court's standing Brady order and Brady itself have been the
18 way, shape or form. And the Court didn't imply that, but I'd
23 them.
1 counsel raised was that the defendant was unaware of the text
2 messages between Agent Strzok and Lisa Page that were made
4 before the defendant signed his guilty plea, before his first
10 aware of them and signed the first plea agreement and took a plea
17 first point.
19 Logan Act and being an agent of Russia. The government has not
20 alleged in any filings in this Court or before the Court that the
22 That is not part of the act that he has pled guilty to. It was
4 and the government was very clear that it did not -- even if the
5 elements had been met and the government believed that they
11 made clear in the status report that it filed with this Court, it
19 MR. VAN GRACK: And -- thank you, Your Honor. And the
21 defense counsel, and they had possession of those and were aware
2 believes the first comment that the Court made on the bench on
4 the attention of defense counsel and ask whether they had any
6 and his counsel indicated that they did not. It's the same
8 THE COURT: Was that -- was that -- I'm just trying to jar
10 that morning?
15 public record?
22 MR. VAN GRACK: And the final point I'll raise is, all of
24 defense counsel has just discussed with this Court were part of
1 the government provided and that defendant and his counsel had
3 18th, 2018.
11 time --
14 sentencing.
17 Maybe it's appropriate for the Court to -- since the Court has
22 appropriate.
3 appropriate time.
10 THE COURT: All right. And maybe ten days after that,
11 Ms. Powell? And, again, these are just proposed dates. They may
22 didn't put on the record a date for your reply. The government
25 weeks also, until the 8th. Yom Kippur is coming up. I don't
4 observation dates.
11 THE COURT: And let's just say noon for all the filings
16 say something.
3 I don't want to focus on any other cases before the Court, but
6 lost. I mean, it just happens, and so -- but we'll wait for the
7 government's submission.
9 and the production of his information that was produced four days
10 before the sentencing, the train was already pretty far down the
14 right way, they never would have brought this case in the first
15 place, but they were too busy working on what they wanted to
20 Last word.
22 THE COURT: No, not the last word, but the next word.
23 MR. VAN GRACK: Not the last word, Your Honor. One matter
6 counsel, and so they have not reviewed it, but for the parties
7 and for the Court, there's only redactions to a name -- the names
18 look at it?
23 THE COURT: All right. That's fine. Thank you very much.
25 And for the record, Mr. Van Grack just passed up a copy of
4 this.
14 C E R T I F I C A T E
15
I, Scott L. Wallace, RDR-CRR, certify that
16 the foregoing is a correct transcript from the record of
proceedings in the above-entitled matter.
17
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appropriate [10] - 4:8; 5:6; 12:7; 26:10, briefing [5] - 3:20; 7:22; 11:1, 24; complied [2] - 9:1; 18:21
16-17, 19, 22; 27:3, 9 26:19 comply [2] - 8:22, 24
April [1] - 19:2 bring [3] - 11:19, 22; 25:3 computer [3] - 2:19; 17:17; 28:24
argues [1] - 8:2 British [1] - 21:20 computer-aided [1] - 2:19
argument [1] - 15:6 brought [1] - 29:14 conceives [1] - 15:18
arguments [1] - 19:21 busy [1] - 29:15 concerned [1] - 13:7
articulated [2] - 6:25; 9:6 bvg@usdoj.gov [1] - 1:17 concerns [1] - 25:5
assertion [1] - 9:18 conduct [1] - 6:23
assess [1] - 9:16 C conference [2] - 3:20; 6:14
Assistant [3] - 1:13, 18; 2:2 conferences [1] - 3:25
assume [1] - 21:5 conferred [1] - 20:6
CALL [1] - 1:10
assuming [2] - 10:17, 21 consider [2] - 6:19; 15:7
candidates [1] - 23:8
assumption [3] - 18:19, 22 consideration [1] - 20:11
case [21] - 4:6, 14-15; 5:7; 6:2, 4, 25;
attempts [1] - 7:9 considered [1] - 24:7
7:2; 9:7; 10:1; 11:20, 22; 12:23; 13:1;
attention [1] - 25:4 consistent [1] - 30:2
14:10; 15:1, 19, 21; 23:21; 29:14
Attorney [3] - 1:14, 19; 2:2 construing [1] - 9:7
Case [1] - 3:3
ATTORNEY'S [2] - 1:19; 2:3 Cont [1] - 2:1
cases [1] - 29:3
attorneys [2] - 10:10, 13 contend [1] - 13:6
certain [2] - 5:2; 8:1
August [5] - 4:1, 4, 11; 6:13, 15 context [1] - 9:22
certainly [4] - 17:17; 22:8; 28:5, 15
authority [1] - 7:5 continue [1] - 18:12
certify [1] - 31:15
available [2] - 23:3, 15 continues [2] - 7:8; 18:11
change [2] - 26:18; 27:12
Avenue [1] - 1:15 Contreras [3] - 10:5; 23:5, 11
changed [2] - 12:9, 11
await [2] - 16:22; 19:9 controls [1] - 9:4
charge [4] - 10:3; 15:1, 9; 16:12
aware [7] - 5:10; 6:10; 8:4; 23:9, 13; convicted [1] - 18:11
charged [1] - 20:7
24:21 convicting [1] - 29:16
charges [1] - 10:1
cooperation [3] - 4:2, 6, 13
Christopher [1] - 21:21
B CIPA [3] - 5:15; 9:9
copy [3] - 17:21; 30:25; 31:1
correct [2] - 25:11; 31:16
Circuit [2] - 9:10, 14
correctly [1] - 27:23
Ballantine [2] - 2:2; 3:12 circuit's [1] - 5:20
Counsel [5] - 12:14; 22:7; 24:17;
bargain [2] - 24:7 citing [1] - 9:24
30:15, 24
based [1] - 14:23 claim [3] - 19:15; 24:13
counsel [37] - 4:15-17; 5:13, 17; 6:9,
basis [2] - 15:9; 16:2 claiming [1] - 19:2
11, 19; 7:12, 16, 20; 8:6; 11:4, 8-9, 12,
BEFORE [1] - 1:11 classified [19] - 5:2, 14, 18; 6:9; 7:14;
23; 12:22; 13:3; 14:5; 15:14; 17:22;
begin [2] - 21:16; 29:12 8:2, 4; 9:12, 15, 20; 10:18; 17:4, 25;
21:8; 22:16; 23:1, 6; 24:10, 21; 25:1, 4,
behalf [1] - 3:12 18:4, 7, 21; 19:7
6-7, 24; 26:1; 27:24; 30:6, 22
believes [2] - 22:17; 25:2 Classified [2] - 5:14; 9:10
Counsel's [2] - 1:15; 13:17
bench [1] - 25:2 clear [4] - 9:10; 24:4, 10
counsel's [2] - 4:25; 6:20
benefit [4] - 15:8; 20:10; 24:7 clearance [1] - 6:24
count [1] - 10:2
benefits [2] - 20:2, 6 clearances [4] - 4:25; 6:21; 7:9, 19
country [1] - 19:13
best [2] - 29:4 cleared [1] - 5:17
course [1] - 27:15
better [1] - 28:13 CLERK [1] - 3:3
Court [81] - 2:15; 3:17, 19, 21, 24-25;
between [6] - 5:8; 8:14, 18; 9:3; 17:12; client [2] - 4:18; 8:10
4:2, 4-5, 12, 21-22; 5:5, 10; 6:13, 18;
23:2 client's [1] - 8:12
7:3, 11-12, 16, 21-23; 8:1, 14-18; 9:6,
bias [1] - 13:15 Code [2] - 5:15; 10:3 16, 18, 24; 10:8, 12, 14, 17, 23; 11:2, 5,
binding [1] - 8:18 colleague [1] - 10:4 8, 14-15; 12:2; 15:3, 7, 21; 17:16;
Binnall [2] - 2:11; 3:7 colloquy [1] - 10:9 18:15; 20:1, 3, 5, 11, 23; 21:2; 22:16,
BINNALL [1] - 2:11 Collyer's [1] - 19:7 18; 23:13, 20; 24:2, 11, 16; 25:1, 24;
Blvd [1] - 2:9 colorable [1] - 9:19 26:2, 6, 17; 29:3; 30:7, 10, 12; 31:19
Brady [40] - 3:18; 5:2, 23-24; 6:1, 3-4, COLUMBIA [3] - 1:1, 20; 2:3 court [1] - 6:23
12, 16; 7:14, 18, 25; 8:6, 22; 9:6; 11:3; Comey [5] - 14:20; 20:25; 21:2; 24:24; Court's [17] - 4:2, 9, 25; 5:11, 23; 6:12,
12:25; 13:1; 15:12, 19; 16:15, 17; 17:5; 29:8 20; 7:18; 8:6, 22; 9:2-4; 10:25; 16:19;
18:8, 10, 13, 15, 21; 19:1; 21:16; 22:14, comfortable [1] - 3:15 18:8; 22:14
17, 21; 25:7; 29:11, 18 coming [1] - 27:25 Courthouse [1] - 2:16
bragged [1] - 21:3 comment [1] - 25:2 COURTROOM [1] - 3:3
Brandon [2] - 1:13; 3:11 communications [3] - 23:6, 9, 23 courtroom [1] - 11:17
bridge [1] - 21:14 compel [8] - 3:18; 6:15; 7:13, 17, 25; courts [1] - 9:7
brief [5] - 11:6, 11; 13:11; 20:21; 28:5 9:5; 12:24; 29:25 Creek [1] - 2:9
Brief [1] - 27:20 complete [1] - 4:17 criminal [2] - 5:17; 10:16
briefed [2] - 17:20; 19:14 completely [3] - 13:14, 23; 21:21
Criminal [2] - 1:4; 3:3 disclosures [2] - 8:11; 25:25 exonerating [2] - 14:16; 15:23
crosses [1] - 9:16 discoverable [2] - 9:11, 21 extent [1] - 12:1
CRR [3] - 2:15; 31:15, 19 discovery [5] - 5:13; 8:11, 21; 9:8, 22 extremely [1] - 28:6
crucial [1] - 15:12 discredits [1] - 21:21
Curtis [2] - 1:18; 3:12 discussed [1] - 25:24 F
cut [1] - 16:24 discussing [1] - 29:1
dismissed [1] - 16:14
F-3 [1] - 5:15
D DISTRICT [5] - 1:1, 11, 20; 2:3
F.2d [1] - 5:21
District [1] - 7:1
F.Supp [1] - 7:1
docket [1] - 7:4
D.C [4] - 1:8; 2:16; 9:10, 14 face [2] - 9:12; 14:21
document [7] - 13:24; 15:24; 25:7, 9;
Dallas [1] - 2:9 fact [2] - 20:3; 29:12
30:4, 13; 31:1
database [1] - 19:6 factor [1] - 13:20
documented [2] - 13:15; 19:6
Date [1] - 31:19 factors [1] - 9:14
documents [6] - 17:6; 19:20; 22:20;
date [17] - 3:20; 7:23; 11:1, 15, 19, 21; factual [2] - 15:8; 20:8
25:23, 25; 29:5
12:1, 5, 7, 13; 19:24; 26:18; 27:16, 22; failed [2] - 5:2; 8:3
dossier [1] - 21:22
28:2, 12 failures [1] - 12:25
doubt [2] - 16:18; 21:6
dated [2] - 5:24; 13:21 fair [3] - 16:23; 19:25; 27:12
down [1] - 29:10
dates [5] - 4:7, 20; 27:11, 18; 28:4 false [2] - 10:2; 24:1
draft [1] - 5:3
days [7] - 4:19; 14:22; 17:15; 21:1; far [3] - 12:21; 13:1; 29:10
drafts [3] - 24:12, 15; 25:23
27:10, 12; 29:9 FARA [5] - 19:16; 20:7, 9; 23:25; 24:2
DC [3] - 1:16, 21; 2:5 FBI [6] - 5:3; 13:18; 17:14; 23:23;
dead [1] - 7:10
E 28:22; 30:8
dead-end [1] - 7:10 FBI's [2] - 17:17; 28:24
deadline [2] - 11:6, 10 Eastern [1] - 7:1 February [5] - 5:24; 8:23; 14:20; 15:22
deadlines [1] - 28:3 ECF [7] - 3:19; 4:12, 23; 6:17, 21; 10:6 few [5] - 14:22; 18:25; 22:10, 22; 30:8
debacle [1] - 21:22 efforts [2] - 29:4 figure [1] - 15:18
Deborah [2] - 1:18; 3:12 egregious [2] - 15:11; 16:14 file [8] - 3:25; 4:16, 18; 5:4; 11:25;
deborah.curtis@usdoj.gov [1] - 1:22 either [4] - 15:1; 16:21; 19:5; 28:1 16:2; 21:11
December [13] - 10:4, 6, 8; 11:17, 20; elements [1] - 24:5 filed [7] - 6:15; 12:24; 24:11; 25:9;
12:5; 15:3; 25:3, 20; 26:2; 27:2, 7 Email [4] - 1:17, 22; 2:6, 14 29:24; 30:4, 14
decided [1] - 7:2 embark [1] - 10:23 filing [4] - 4:19; 11:6, 10; 30:3
decision [4] - 9:7, 24; 19:7; 26:13 Embassy [1] - 21:21 filings [3] - 23:20; 24:2; 28:11
deemed [1] - 5:19 EMMET [1] - 1:11 filled [1] - 4:11
defendant [14] - 11:11; 20:2, 6; 23:1, emphasizes [1] - 8:14 final [1] - 25:22
4, 6, 13, 21; 24:1, 14; 25:5; 26:1; 29:24; employees [1] - 30:8 finality [2] - 11:20, 22
30:12 end [1] - 7:10 finally [1] - 9:20
Defendant [2] - 1:8; 2:8 ended [1] - 4:13 fine [8] - 12:2; 13:12; 27:13; 28:8;
defense [25] - 4:22, 24; 5:12, 19; 6:9, enter [1] - 18:13 30:23; 31:3
11, 19; 7:12, 16; 8:5; 9:23; 11:8; 13:5; entered [5] - 6:3; 7:3, 21; 19:24; 21:17 fired [1] - 13:17
15:13; 22:16, 25; 24:10, 21; 25:1, 4, 7, entire [3] - 4:16, 18; 16:13 first [15] - 5:3; 8:17; 9:16; 10:4; 11:4,
24; 27:24; 30:5 entitled [1] - 31:16 23; 22:13, 25; 23:3, 10, 17; 25:2; 29:14;
demonstrate [1] - 8:23 entry [3] - 7:4; 8:12; 10:5 30:21
demonstrated [1] - 18:3 Esq [2] - 2:8, 11 five [1] - 17:15
denial [1] - 4:24 essentially [1] - 21:8 FLYNN [1] - 1:6
deny [1] - 7:8 ethical [3] - 12:22; 14:7; 15:14 Flynn [38] - 3:4, 8; 4:14, 18, 21; 5:1,
DEPARTMENT [1] - 1:14 evidence [3] - 9:8; 15:20; 19:3 4-5, 16; 6:9, 11, 15, 19; 7:7, 12, 16; 8:1,
Department [2] - 13:18, 22 ex [4] - 6:18, 23; 7:4, 6 5, 10, 21; 10:1, 3, 13; 13:7, 23; 14:16,
destroyed [2] - 28:21, 25 exactly [4] - 16:5; 18:14, 17; 20:12 20, 23; 15:8, 25; 17:12, 15; 19:1; 20:25;
determine [4] - 6:24; 9:15, 18; 19:25 examination [1] - 19:9 21:8, 17; 29:16
DIA [1] - 19:14 example [2] - 17:5, 11 Flynn's [19] - 3:17, 22; 4:2, 6, 10, 13;
differences [2] - 17:11; 21:25 exculpatory [2] - 13:7; 15:20 6:20; 7:9, 13, 17, 19, 25; 9:5; 10:8, 19;
directed [1] - 3:25 excuse [2] - 12:4; 27:8 11:3, 9-10, 16
Director [1] - 24:24 Executive [1] - 30:8 focus [5] - 10:18, 22; 18:18; 20:3; 29:3
disagreed [1] - 4:13 existed [3] - 23:7, 9, 14 follow [3] - 9:6; 16:16; 30:13
disappear [1] - 17:18 existing [1] - 19:4 following [2] - 4:5; 7:3
disclose [2] - 21:1, 20 exists [1] - 16:2 FOR [3] - 1:1, 19; 2:3
disclosed [3] - 9:15; 23:3; 25:14 exonerate [1] - 16:10 force [1] - 21:10
disclosing [1] - 21:17 exonerates [4] - 13:23; 15:24; 16:1, 8 forego [1] - 8:10
disclosure [5] - 5:13; 6:11; 8:5; 25:3, 5 foregoing [1] - 31:16
foreign [1] - 19:13 huge [1] - 13:20 Jocelyn [2] - 2:2; 3:12
foremost [1] - 22:13 hurdle [1] - 9:17 jocelyn.ballantine2@usdoj.gov [1] -
form [1] - 22:18 2:6
former [1] - 4:16 I joint [6] - 4:1, 5, 11, 23; 6:21; 7:7
forth [2] - 7:24; 10:11 Judge [4] - 10:5; 19:7; 23:5, 11
forward [2] - 3:5; 28:12 JUDGE [1] - 1:11
identified [2] - 17:11; 21:25
four [3] - 4:8; 21:1; 29:9 judge [2] - 6:2; 18:12
identify [1] - 3:5
Fourth [1] - 1:20 judges [1] - 19:23
illegally [1] - 19:6
frankly [1] - 21:18 July [1] - 13:1
impaired [1] - 13:15
fulfilled [1] - 5:22 June [2] - 3:24; 4:3
implied [1] - 15:3
full [1] - 17:6 justice [2] - 14:23; 29:17
imply [1] - 22:18
fully [1] - 10:12 Justice [2] - 13:18, 22
important [1] - 28:6
future [1] - 10:24 JUSTICE [1] - 1:14
imposing [1] - 28:3
inclined [2] - 11:2, 16
G including [2] - 5:3; 19:1
K
inculpatory [1] - 15:21
General [1] - 13:16 indicated [1] - 25:6 keep [2] - 14:12; 28:19
given [1] - 17:21 indicates [1] - 25:7 King [1] - 2:12
govern [1] - 5:13 indicating [1] - 7:4 Kippur [1] - 27:25
government [61] - 3:13; 5:1, 6-7, 9, 12, indication [1] - 22:16 knowledge [1] - 21:20
16, 18, 22; 6:8, 10; 7:8, 10; 8:3, 22, 25; information [34] - 5:14, 18-19; 6:9; known [2] - 20:24; 29:12
9:8, 19; 10:21; 11:4, 7, 23, 25; 12:2, 6; 8:2, 5, 11, 19; 9:11, 15-16, 20, 23; 10:1; knows [1] - 15:21
13:2; 15:11, 18; 16:14, 17-18, 21; 13:6; 17:4, 23-24; 18:4, 6; 19:1, 5, 18;
20:24; 21:16; 22:8, 15; 23:5, 14-15, 19; 21:19; 25:1; 28:22; 29:9, 18, 25; 30:1 L
24:2, 4-6, 10, 20, 25; 25:1; 26:1, 5, 10; Information [1] - 5:15
27:22; 28:20; 29:2; 30:3, 13, 22 informed [5] - 5:5, 12; 10:15; 13:3;
government's [9] - 4:24; 9:12; 11:5; 18:20 Lang [1] - 1:13
16:22; 18:20; 25:25; 26:9; 28:14; 29:7 innocent [1] - 16:11 last [9] - 5:25; 14:18, 25; 15:3; 20:4;
Grack [5] - 1:13; 3:12; 15:2, 14; 30:25 25:13; 29:20, 22
insofar [1] - 13:7
GRACK [23] - 3:11; 11:24; 12:16; 22:8, leading [1] - 9:7
Inspector [1] - 13:16
13, 25; 24:19; 25:11, 13, 16, 18, 22; learned [2] - 13:21; 14:18
instance [1] - 20:7
26:8, 13, 21; 27:2, 5, 8; 29:21, 23; least [2] - 9:19, 23
intended [1] - 5:5
30:12; 31:2, 7 lectern [1] - 3:5
intends [5] - 3:21; 7:13, 17; 22:9;
guess [2] - 15:6; 21:6 26:10 legal [3] - 7:5; 15:9, 15
guidelines [1] - 22:15 interesting [2] - 11:20; 19:21 letter [2] - 13:21; 21:20
guilty [16] - 8:12; 10:3, 9, 15; 14:4; interfere [1] - 28:1 letting [1] - 9:2
15:17; 19:11, 24; 23:4, 12, 22; 24:16, internal [1] - 13:22 liability [1] - 15:4
22; 26:2 interrupt [1] - 24:17 lied [1] - 14:20
intervention [4] - 5:1; 6:20; 7:11, 19 likely [1] - 24:6
H interview [8] - 5:4; 17:15; 20:25; 24:9, Lisa [1] - 23:2
12, 15, 20, 24 list [2] - 20:18; 22:20
interviews [1] - 17:12 Logan [5] - 14:19; 15:1; 23:19; 24:3, 7
HARVEY [1] - 2:11 long-time [2] - 15:11; 16:14
investigation [1] - 19:4
headed [2] - 16:4, 6 longstanding [1] - 9:24
involving [1] - 23:23
hear [3] - 11:4, 8, 23 look [5] - 14:8; 20:1; 21:9; 30:18, 21
issue [3] - 6:1, 4; 7:10
hearing [22] - 3:21; 4:8; 5:8; 6:1, 19, looked [2] - 9:14; 29:13
issued [1] - 6:3
23; 7:3-6, 23; 11:1; 12:1; 20:4; 21:2, 13; looking [1] - 11:14
22:11; 24:3; 25:20; 27:1 issues [5] - 4:9, 22; 5:6, 10; 25:5
itself [2] - 21:14; 22:14 lose [1] - 20:3
held [3] - 6:18; 7:5; 12:10 lost [1] - 29:6
helpful [4] - 5:19; 9:23; 10:19; 28:7 low [1] - 9:17
hold [1] - 31:3 J lying [1] - 23:23
holding [1] - 7:6
Honor [12] - 3:3, 11; 12:16; 22:8; James [1] - 24:24
24:19; 25:11; 26:21; 27:13; 29:23; 31:2,
M
January [4] - 5:4; 13:21; 14:17; 15:22
7, 9 January/February [1] - 15:5
HONORABLE [1] - 1:11 jar [1] - 25:8 machine [1] - 2:18
House [2] - 17:22 jbinnall@harveybinnall.com [1] - maintained [1] - 15:16
housekeeping [1] - 29:24 2:14 maintains [2] - 5:22; 8:4
huddle [4] - 26:16, 23, 25; 27:19 Jesse [2] - 2:11; 3:7 Maryland [2] - 5:23; 8:6
material [13] - 3:18; 5:2; 6:16; 7:14, 18, 26:16; 27:17; 31:11 ordered [1] - 4:4
25; 9:6; 12:25; 15:12; 16:15; 17:11; needs [4] - 4:17; 10:23; 11:14; 17:18 orders [1] - 6:4
21:25 never [5] - 15:1; 17:16; 21:15; 22:16; original [5] - 5:3; 11:21; 17:13; 28:20,
materials [4] - 10:18, 21; 17:25; 26:20 29:14 23
matter [3] - 19:23; 29:23; 31:16 New [1] - 19:15 otherwise [1] - 30:9
matters [1] - 10:11 new [4] - 4:15, 17; 12:22; 14:5 own [2] - 3:19; 6:13
McCabe [2] - 14:19; 15:4 news [2] - 14:18, 25
McCann [1] - 3:7 next [4] - 9:18; 10:22; 18:18; 29:22 P
mean [5] - 12:9; 16:24; 18:19; 21:7; nice [1] - 31:11
29:6 night [3] - 14:18, 25; 28:13
P.C [1] - 2:8
means [1] - 14:20 noon [3] - 28:11
p.m [1] - 11:3
meeting [2] - 14:24; 19:14 notes [6] - 17:10, 12; 19:20; 21:25;
Page [1] - 23:2
memo [3] - 13:22; 14:18; 15:23 24:18, 20
page [4] - 8:9; 9:13; 13:4; 25:19
memorandum [1] - 10:11 noticing [1] - 28:19
Page/Strzok [2] - 13:2, 4
mentioned [2] - 20:9; 21:24 notified [1] - 23:6
pages [2] - 6:22; 25:25
mere [2] - 9:11, 21 notion [1] - 19:12
paperwork [1] - 26:10
message [1] - 13:5 notwithstanding [2] - 8:19; 29:4
part [4] - 23:21; 24:8; 25:24
messages [4] - 13:2; 23:2, 14 November [2] - 5:9; 20:24
parte [4] - 6:18, 23; 7:4, 6
met [3] - 21:16; 24:5 NSA [1] - 19:6
particular [4] - 22:11, 25; 23:16, 23
Michael [1] - 3:4 number [1] - 15:25
parties [12] - 3:5, 24-25; 4:4, 11-13;
MICHAEL [1] - 1:6 Number [7] - 3:19; 4:12, 23; 6:17, 21;
8:15, 18; 9:4; 10:22; 30:6
might [2] - 18:10; 28:6 10:6
passed [2] - 19:1; 30:25
mind [1] - 14:12 NW [3] - 1:15, 20; 2:4
pause [1] - 27:20
minute [7] - 3:16; 4:2; 7:4, 21; 10:5, 25
Pennsylvania [1] - 1:15
misconduct [2] - 15:11; 16:14 O permit [1] - 9:8
missing [1] - 17:13
pertain [1] - 19:10
Missouri [1] - 7:1
objection [1] - 30:14 pertains [2] - 19:12, 23
Molly [1] - 3:7
objections [1] - 30:15 pestered [1] - 16:20
Monday [1] - 27:9
obligation [8] - 12:22; 14:7; 15:15, 19; Peter [1] - 23:7
MORNING [1] - 3:1
16:17; 18:11; 21:16 Pientka [2] - 17:14; 28:23
morning [7] - 3:9, 11, 14; 12:18; 25:10
obligations [3] - 5:23; 16:18; 22:17 place [4] - 16:25; 26:18; 29:15
motion [19] - 3:17, 21; 6:15; 7:13, 17,
observation [1] - 28:4 Plaintiff [1] - 1:4
25; 9:5; 11:1-3; 12:24; 16:2, 6; 21:8, 12;
observations [1] - 28:1 plea [25] - 6:2; 8:8, 13, 15-17, 19; 10:6,
22:10; 29:24; 30:9; 31:1
obstruction [1] - 14:22 8, 14-15; 15:13, 15; 16:3, 7; 19:23;
motions [3] - 5:6; 7:22; 27:1
obtain [1] - 5:17 21:16; 23:4, 10
moving [1] - 12:2
obviously [3] - 13:11, 14; 17:20 pled [10] - 10:3; 14:3; 15:17; 19:11;
MR [23] - 3:11; 11:24; 12:16; 22:8, 13,
October [4] - 5:8; 11:3; 12:4 23:12, 22; 24:16, 22; 26:2
25; 24:19; 25:11, 13, 16, 18, 22; 26:8,
OF [6] - 1:1, 3, 10, 14, 20; 2:3 plethora [1] - 19:18
13, 21; 27:2, 5, 8; 29:21, 23; 30:12;
31:2, 7 offense [5] - 10:7, 16; 14:6; 19:10, 24 PLLC [1] - 2:11
MS [49] - 3:7; 12:19, 21; 13:8, 10, 14, Offense [1] - 19:17 point [13] - 8:23; 10:14; 12:11; 15:10;
20; 14:2, 5, 7, 10, 14, 16; 15:2, 10; Office [1] - 1:15 18:10; 20:13; 23:17; 24:6; 25:13, 22;
16:5, 10, 13; 17:1, 3, 10; 18:4, 6, 10, OFFICE [2] - 1:19; 2:3 27:16; 28:25
14, 17, 23, 25; 19:12; 20:12, 14, 18, 20, Official [2] - 2:15; 31:19 points [4] - 21:15; 22:10; 23:3; 24:25
23; 21:13, 24; 22:3, 5; 27:13, 15; 28:5, officials [1] - 19:15 polygraph [2] - 19:2, 9
10, 17, 19; 29:8; 30:16, 19, 21; 31:9 often [2] - 15:22; 20:1 position [4] - 9:2; 20:5; 26:9
multiple [1] - 24:10 omissions [1] - 22:21 possession [4] - 24:13, 15, 21; 28:21
Musa [1] - 6:25 omit [1] - 28:12 possibilities [1] - 15:4
MUSA [1] - 7:1 one [14] - 4:6; 6:6; 9:19; 10:2; 15:3, 20, possibly [1] - 19:3
must [3] - 8:22; 9:16, 18 23; 21:15; 22:25; 23:8; 27:19; 28:19, post [1] - 15:15
22; 29:23 post-plea [1] - 15:15
opinion [1] - 5:20 potential [1] - 20:10
N
opportunity [5] - 10:10, 13; 21:11; Powell [10] - 2:8; 3:7; 12:11, 18; 22:6;
28:15 24:18; 27:11, 21; 29:19; 31:8
name [1] - 30:7 oppose [1] - 27:15 POWELL [50] - 2:8; 3:7; 12:19, 21;
names [1] - 30:7 opposed [1] - 17:6 13:8, 10, 14, 20; 14:2, 5, 7, 10, 14, 16;
narrative [1] - 14:23 opposition [3] - 11:6; 12:1; 22:22 15:2, 10; 16:5, 10, 13; 17:1, 3, 10; 18:4,
national [2] - 5:14; 21:3 order [18] - 3:18; 4:3; 5:24; 6:1, 3, 12, 6, 10, 14, 17, 23, 25; 19:12; 20:12, 14,
National [1] - 2:4 16; 7:21; 8:7, 22; 9:4; 10:25; 16:19; 18, 20, 23; 21:13, 24; 22:3, 5; 27:13,
need [8] - 6:24; 10:22; 17:25; 19:8, 19; 18:8, 13; 22:14; 30:1 15; 28:5, 10, 17, 19; 29:8; 30:16, 19,
21; 31:9 resolve [6] - 7:10, 13, 17, 24; 8:25; 9:5
R
Powell's [1] - 26:25 respect [11] - 11:24; 12:4; 18:4; 21:13;
pre [2] - 15:15; 19:4 23:18, 25; 24:2, 9, 24; 29:8
pre-existing [1] - 19:4 raise [1] - 25:22 respond [2] - 22:9; 28:14
pre-plea [1] - 15:15 raised [3] - 21:7; 22:11; 23:1 response [1] - 16:22
precedence [1] - 18:16 RDR [3] - 2:15; 31:15, 19 responsibility [1] - 10:16
predicate [1] - 20:8 RDR-CRR [1] - 31:15 result [1] - 20:4
preference [1] - 23:7 read [2] - 6:6; 9:1 retrieved [1] - 28:25
present [1] - 3:8 ready [4] - 4:7, 14-15; 5:7 review [2] - 4:18; 12:23
president [3] - 14:21, 24; 23:8 really [1] - 11:18 reviewed [2] - 30:3, 6
president's [1] - 23:8 reason [2] - 7:5; 21:6 Rights [1] - 8:9
pretextual [1] - 19:5 reasonable [1] - 19:25 Room [1] - 2:16
pretty [1] - 29:10 receive [1] - 26:7 Roviaro [1] - 9:24
previous [1] - 21:7 received [3] - 4:16; 20:2; 28:23 Rudolph [1] - 10:5
previously [1] - 30:5 receiving [1] - 28:13 ruled [1] - 15:5
principle's [1] - 6:25 recently [1] - 4:16 rules [1] - 17:14
privilege [2] - 9:13, 19 recollection [1] - 25:9 run [1] - 31:5
problems [1] - 28:9 recommendation [1] - 26:6 Russia [8] - 13:23; 14:17; 15:23; 19:3;
procedure [2] - 9:6; 30:12 record [16] - 3:6, 17; 10:12; 11:7, 13; 23:19, 21, 24
procedures [1] - 5:13 12:15; 16:25; 17:3; 22:19; 25:15, 19;
27:22; 30:25; 31:6, 16
Procedures [1] - 5:15 S
proceed [4] - 4:23; 16:23; 26:13; 27:18 redactions [2] - 30:4, 7
proceeding [2] - 14:11; 23:16 refer [1] - 8:8
reference [2] - 24:18, 23 Sally [1] - 17:20
PROCEEDINGS [1] - 1:10
references [1] - 25:23 schedule [11] - 3:20; 7:22; 11:1, 16,
proceedings [2] - 27:20; 31:16
referring [1] - 17:8 24; 12:7; 26:19
Proceedings [2] - 2:18; 31:13
refile [1] - 26:10 scheduled [2] - 3:19; 6:13
produce [5] - 5:2; 8:3; 13:1; 15:15
reflective [1] - 29:25 Scott [4] - 2:15; 31:15, 18
produced [9] - 2:18; 13:5, 24; 17:13,
regard [5] - 6:23; 10:5, 19; 15:7; 17:8 scottlyn01@aol.com [1] - 2:17
16, 19, 23; 18:25; 29:9
regarding [1] - 7:19 seal [1] - 29:25
producing [1] - 29:12
regulations [1] - 28:22 sealed [2] - 6:18; 25:9
production [8] - 3:18; 6:16; 7:13, 17,
relax [1] - 3:15 sealing [1] - 30:2
25; 9:5; 12:25; 29:9
relevance [7] - 9:12, 17, 21; 14:1, 13; second [11] - 8:16; 10:9; 22:20; 23:12,
proffer [1] - 21:18
18:3 18; 24:16, 22; 26:2, 16, 24; 27:19
progressing [1] - 12:8
relevant [5] - 5:19; 10:19; 18:2; 23:16 Section [2] - 2:4; 5:16
proper [1] - 27:18
religion [1] - 28:2 security [6] - 4:25; 5:14; 6:21, 24; 7:9,
proposal [2] - 11:5, 10
religious [2] - 28:1, 3 19
propose [1] - 27:24
relying [1] - 5:20 Security [1] - 2:4
proposed [5] - 5:8; 11:15; 12:2; 27:11;
remaining [1] - 23:13 see [5] - 6:21; 10:5; 14:25; 19:8; 27:1
31:1
removal [1] - 13:4 seek [1] - 10:13
prosecution [2] - 5:17; 16:13
reply [10] - 11:11; 13:10; 14:1; 16:21; seeking [2] - 29:16
protective [2] - 30:1
19:10; 20:15, 21; 27:22; 28:5 seeks [1] - 8:1
provided [11] - 6:8; 8:12; 15:13; 23:14;
report [11] - 4:1, 5, 12, 19, 23; 6:21; Senior [1] - 30:8
24:12, 20, 23, 25; 26:1; 30:1, 5
7:7; 13:15; 24:11, 15 sensitive [1] - 28:3
provision [1] - 8:17
reported [2] - 2:18; 19:13 sentence [2] - 8:9; 19:25
public [7] - 7:3; 23:9, 15; 25:15, 19;
Reporter [3] - 2:15; 31:19 sentencing [36] - 3:22; 4:7, 10, 14-15,
30:14
reports [1] - 24:9 20; 5:7, 11; 10:11, 20; 11:16, 19, 21;
publically [1] - 30:5
representations [1] - 22:20 12:5, 7, 13, 22; 14:11; 15:7; 19:22;
pursuant [2] - 6:11; 8:6
represented [1] - 25:18 20:4; 21:1, 10, 13; 24:3; 25:19; 26:5, 9,
pursued [1] - 22:15
request [4] - 4:25; 6:20; 7:18 14, 18, 20; 27:16; 29:10
put [10] - 3:16; 11:7, 11-12; 12:14;
requested [2] - 4:18; 29:18 September [5] - 1:6; 6:14, 18; 7:21;
26:18; 27:21; 31:6
requesting [1] - 17:5 10:25
requests [1] - 7:9 SEPTEMBER [1] - 3:1
Q serious [2] - 4:21; 29:11
require [3] - 4:9; 5:11; 13:16
required [1] - 8:24 Service [1] - 30:9
quick [1] - 24:24 requires [5] - 4:25; 6:11; 8:5; 9:22; SESSION [1] - 3:1
quote [3] - 7:8; 20:2, 10 14:7 set [6] - 3:20; 7:22, 24; 10:11; 11:1;
quote-unquote [2] - 20:2, 10 requiring [1] - 7:11 20:25
resolution [2] - 4:9; 5:11 setting [1] - 27:15
shape [1] - 22:18