The federal judge overseeing former national security adviser Michael Flynn's case has ordered Robert Mueller to hand over key documents after it was revealed the FBI suggested Flynn to not have an attorney present for the interview that eventually led to his pleading guilty to lying to the FBI.
U.S. District Judge Emmet G. Sullivan ordered Mueller's team to hand over any "302s or memoranda" related to Flynn's questioning by 3:00 p.m. ET Friday.
The 302 reports are summaries of FBI interviews. Usually written soon after the questioning, Flynn's report was dated August 22, 2017–nearly seven months after his meeting with FBI agents took place.
The judge's brief order states that Mueller can choose to file the materials under seal if necessary. Sullivan also ordered the Flynn team to turn over the documents backing up its assertions. The judge could determine why the FBI apparently took a significantly more aggressive tack in handling the Flynn interview than it did during other similar matters, including the agency's sit-downs with Hillary Clinton and ex-Trump adviser George Papadopoulos. Flynn is set to be sentenced next Tuesday — but Sullivan's move might delay that date, or lead to other dramatic and unexpected changes in the case. Sullivan even has the authority to toss Flynn's guilty plea and the charge against him if he concludes that the FBI interfered with Flynn's constitutional right to counsel, although he has given no indications that he intends to do so.