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Flynn documents are the 'smoking gun' on Comey's FBI

Had the Department of Justice (DOJ) released the newly disclosed documents related to Gen. Michael Flynn three years ago, instead of fired FBI Director James ComeyJames Brien ComeyThe FBI should turn off the FARA faucet Barr threatened to resign over Trump attempts to fire Wray: report 'Fox News Sunday' to mark 25 years on air MORE improperly leaking his “memos” on President TrumpDonald TrumpWarren says Republican party 'eating itself and it is discovering that the meal is poisonous' More than 75 Asian, LGBTQ groups oppose anti-Asian crime bill McConnell says he's 'great admirer' of Liz Cheney but mum on her removal MORE, there definitely would have been a special counsel — only it would have been investigating the FBI for gross abuse of power, not the Trump administration.

The new documents are in effect the “smoking gun” proving that a cabal at the FBI acted above the law and with extreme political bias, targeting people for prosecution rather than investigating crimes.

DOJ Inspector General Michael Horowitz found 17 violations of policy and procedure in the initiation of the investigation of Trump’s campaign. Former special counsel Robert MuellerRobert (Bob) MuellerWhy a special counsel is guaranteed if Biden chooses Yates, Cuomo or Jones as AG Barr taps attorney investigating Russia probe origins as special counsel CNN's Toobin warns McCabe is in 'perilous condition' with emboldened Trump MORE’s report found no evidence of any Trump-Russia collusion. And yet much of the media coverage of all this has been so riddled with bias that, in a recent poll, 53 percent still believe Trump colluded with the Russians to win the 2016 presidential election.

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Let’s remember how this all started: The principal evidence that prompted the FBI to open the overall investigation into Trump has been definitively determined to be the Steele dossier. We now know, based on recently disclosed footnotes in the Horowitz report, that the dossier was discredited by its own sources and may even have been deliberate Russian disinformation. After receiving this information, the FBI’s top brass — even after learning that the dossier was paid for by the Democratic National Committee and the Hillary ClintonHillary Diane Rodham ClintonMore than half of eligible Latinos voted in 2020, setting record Fox News signs Trey Gowdy, Dan Bongino for new shows The Memo: GOP attacks bounce off Biden MORE campaign — opened a broad investigation into Trump and his campaign.

Michael Flynn was targeted for investigation not on the basis of any evidence but simply because he had contacts with the Russian government — something that I would hope would be true of any incoming national security adviser. Those also targeted included former Trump campaign manager Paul ManafortPaul John ManafortThere was Trump-Russia collusion — and Trump pardoned the colluder Treasury: Manafort associate passed 'sensitive' campaign data to Russian intelligence Hunter Biden blasts Trump in new book: 'A vile man with a vile mission' MORE, campaign adviser Carter Page and Trump’s personal attorney Michael CohenMichael Dean CohenMichael Cohen on Giuliani's legal fees: He won't get 'two cents' from Trump Michael Cohen, Stormy Daniels blast FEC for dropping Trump probe FEC drops investigation into Trump hush money payments MORE. The new documents reveal that, despite a thorough investigation of Flynn, there was no evidence suggesting he was a Russian agent — again, not surprising that it turned out this decorated general was not a Manchurian candidate. One FBI memo just released recommended closing the investigation of Flynn on Jan. 4, 2017, because FBI agents found “no derogatory information.”

But then-FBI agent Peter Strzok intervened with the idea that the never-used Logan Act could be invoked against Flynn; Strzok was cheered on by then-FBI attorney Lisa Page. All this led to a meeting at the highest levels of the FBI that included the director and the FBI’s head of counterintelligence, who took copious notes. It is in these notes that he reflected the discussion that took place about Flynn, writing, “Truth/Admission or to get him to lie, so we can prosecute or get him fired.” No constructional protections were afforded Flynn, who was even advised by the FBI not to bring a lawyer when he was questioned by agents.

Let’s be candid — Flynn had been cleared of being a Russian agent on Jan. 4, 2017; there was never any evidence he should have been investigated in the first place. Yet now, because the investigation had not been officially closed, FBI officials cooked up a plan to try to create a crime that did not exist. They unmasked the private conversations of Flynn with the Russian ambassador that contained nothing illegal, so the only chance to “get” Flynn was by setting a perjury trap. This was then all picked up by special counsel Mueller’s team, who threatened Flynn with the possible lobbying transgressions of his son.

Why were they desperate to get Flynn fired or prosecuted when there was no evidence whatsoever that he committed a crime? Former federal prosecutor Andrew McCarthy suggests they needed to get him out of the way of their investigation. I think it is more likely that they simply wanted to get their targets at all costs and sustain their investigation to bring down the administration. Clear prosecutorial abuses were committed against all of the defendants, none of whom were ever charged with colluding with the Russians. Manafort was hit with tax evasion, Stone with lying to Congress about his contacts with a conspiracy theorist. Cohen pleaded to financial and election law crimes. Carter Page escaped prosecution, even after an FBI lawyer faked emails from the CIA to continue unconstitutional surveillance of him.

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This was an investigation without foundation that systematically persecuted people at all costs. And the Mueller investigation was honorable only in the sense that the investigators had to admit there never was any evidence of Trump-Russia collusion.

It is all coming out now, but it is way too late. Attorney General William BarrBill BarrCNN legal analyst joins DOJ's national security division Barr threatened to resign over Trump attempts to fire Wray: report DOJ faces big decision on home confinement MORE seems to see this all very clearly, but the time to act with tough indictments is truly now, with the release of these explosive documents. The actions in the Flynn case provide the link between the Strzok-Lisa Page texts about “insurance policies” against Trump’s election and actions that were indefensible on every level; they show how the two of them acted in concert to extend their political prejudices to the department’s actions against people who were in no way colluding with Russia. It did not matter to these FBI officials, who acted as though they were above the law: They would get their targets and drag the country through years of a meritless investigation and a false political debate.

Mark PennMark PennPoll: Americans back new spending, tax hikes on wealthy, but remain wary of economic impact Biden's poor TV ratings against Trump is exactly what this administration wants 64 percent view 'cancel culture' as threat to freedom: poll MORE is a managing partner of the Stagwell Group, a global organization of digital-first marketing companies, as well as chairman of the Harris Poll and author of “Microtrends Squared.” He also is CEO of MDC Partners, an advertising and marketing firm. He served as pollster and adviser to former President Clinton from 1995 to 2000, including during Clinton’s impeachment. You can follow him on Twitter @Mark_Penn.