If there is to be a just result in Flynn’s case, the court must address the question about Covington’s conflict of interest. Flynn shouldn’t be punished for mistakes that are attributable to his counsel rather than to him.
The FISC this week ordered the FBI to advise the court of what steps FBI will take to ensure their abuses are not repeated. That should just be a start.
In reality, the government can obtain electronic communication records without taking any extraordinary measures. There are very few limitations on this congressional power.
The FBI’s conduct with Flynn is a troubling display of the government using its power against a citizen to achieve the effect it desired.
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