UPDATED: Barr Opens Investigation Of Flynn Case
The Department of Justice has tapped an outside prosecutor to review the case of former National Security Adviser Michael Flynn. That prosecutor is Jeff Jensen, the U.S. Attorney for the Eastern District of Missouri.
Reporter Carol Lee at NBC News has an article that, despite a heavy serving of anti-Trump and anti-Barr polemics, offers some insight. She focuses on the aspect of the case that early on drew my attention--the lack of any reasonable predication for investigating Flynn's perfectly normal contacts with the Russian ambassador. In other words, her focus is on the actual interview of Flynn by Peter Strzok and Joe Pientka:
Justice Department opens inquiry into FBI interview at heart of Flynn's guilty plea
Lee also does some digging into the significance of having a prosecutor conducting this "review." Remember how Durham launched a "review" of the Russia Hoax? Yeah, that turned out to be a criminal investigation--which is what prosecutors do. OIG does reviews.
I've edited out the polemical parts because I assume that Barr can justify everything he's doing. Excerpts:
...
Attorney General William Barr asked the U.S. attorney for the Eastern District of Missouri, Jeffrey Jensen, to look into Flynn's FBI interview, the people familiar with the inquiry said. The inquiry began within the past month, they said.
...
One of the people familiar with the inquiry described it as "very sensitive."
...
The FBI interviewed Flynn at the White House about his Russia contacts on Jan. 24, 2017, just four days after Trump's inauguration.
Comey and McCabe signed off on sending two agents to interview Flynn. One of the agents was Peter Strzok.
...
Jensen's inquiry seems similar to one Barr assigned to the U.S. attorney in Connecticut, John Durham, examining the origins of the FBI's investigation into potential ties between Trump's 2016 campaign and Russia. Durham's inquiry evolved into a criminal investigation, raising questions about whether Jensen's may as well.
...
Chuck Rosenberg, a former U.S. attorney in Virginia and an NBC News legal analyst, said it's unclear if there's anything improper about assigning Jensen to look into Flynn's FBI interview, but if he's not looking into whether a crime was committed, then Barr is potentially misusing a U.S. attorney.
"If you think what you have is a flawed process, or some larger policy issue that needs to be addressed, then you might go to the IG," Rosenberg said. "If you think you have a crime, then you would go to a U.S. attorney."
...
Assigning an inquiry to a U.S. attorney out of the district that has jurisdiction over the matter — in Flynn's case Washington, D.C., or possibly Virginia — is typically done when the district with jurisdiction needs to recuse itself, and that isn't the case with Flynn, said Joyce Vance, a former assistant U.S. attorney in Alabama and MSNBC contributor.
...
Jensen, who was nominated by Trump in 2017, is a former FBI agent. He is tasked with looking into how the FBI's interview of Flynn took place, as well as how the department handled it afterward, the people familiar with the inquiry said. They said they did not know the timeline for completing the inquiry. Flynn's sentencing hearing, which had been scheduled for this month, was postponed to allow time to sort through the latest motions by the defense and the prosecution. No new date has been set.
UPDATE: Some Twitter commentary:
FOOL NELSON
@FOOL_NELSON
This Michael Horowitz revelation, that the @JusticeOIG referred Andy McCabe for criminal conduct that isn't public, is now relevant given we learned today that McCabe might've pressured Pientka to alter his 302, leading Pientka to inform the IG.
FOOL NELSON
@FOOL_NELSON
· Sep 18, 2019
POTENTIALLY HUGE: When asked why he criminally referred McCabe to the DOJ, Horowitz states that he'll "stick to what's public", the @JusticeOIG "found a lack of candor". This raises the question whether there's more undisclosed McCabe crimes. Tune to 1:06. https://youtu.be/KoJxreP1vVI
6:15 PM · Jan 29, 2020
FOOL NELSON
@FOOL_NELSON
Remember there was potentially another McCabe referral that was relevant to the Flynn prosecution,combine that with the Flynn news today of outside prosecutors scrutinizing Van Grack, et al. The @USAO_DC is under a microscope.  
Greg Rubini
@GregRubini
In the DOJ statement it says:
"US Attorney Jeff Jensen will be working hand-in-hand with the lead prosecutor of Flynn case, Brandon Van Grack"
What it really means is:
"Jeff Jensen will grill and torch Van Grack"
bye bye, Van Grack Grack Grack - and good luck!