New internal FBI documents unsealed on Wednesday show that top bureau officials discussed their motivations for interviewing then-National Security Adviser Michael Flynn, pondering if their goal was truth or to prosecute.
The notes were handwritten by FBI's former Head of Counterintelligence Bill Priestap after a meeting with then-FBI Director James Comey and then-FBI Deputy Director Andrew McCabe, according to Fox News. In the notes, Priestap questions if their goal is "Truth/Admission or to get him to lie, so we can prosecute him or get him fired?"
The notes also suggest that the agents planned to get Flynn "to admit to breaking the Logan Act" when he spoke to then-Russian Ambassador Sergey Kislyak during the presidential transition period. The Logan Act is an obscure statute originally enacted in 1799 meant to prevent individuals from claiming to represent the United States abroad. It has never been used in a criminal prosecution.
"If we get him to admit to breaking the Logan Act, give facts to DOJ + have them decide," one note read.
"If we're seen as playing games, WH [White House] will be furious," read another.
The materials suggest the agents were concerned with Flynn's contact with Kislyak only as a precept.
"We need to hear from the DOJ official on the meaning of this note. However, the reference to the Logan Act is particularly chilling," said Jonathan Turley, a Constitutional law professor at George Washington University, on Twitter. "It suggests the use of a flagrantly unconstitutional act to trap a top Trump official."