Byron York’s Daily Memo: What did Joe Biden know about Michael Flynn?

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WHAT DID JOE BIDEN KNOW ABOUT MICHAEL FLYNN? It takes a little digging, but there’s a Joe Biden connection deep inside the documents released as part of the Justice Department’s decision to drop charges against former national security adviser Michael Flynn. It is this: Sally Yates was Barack Obama’s Deputy Attorney General, and as such she played a key role in the Flynn investigation. She told special counsel Robert Mueller’s prosecutors in September 2017 that she did not know about the transition phone call between Flynn and Russian ambassador Sergey Kislyak until she was told about it by…President Barack Obama.

It happened on January 5, 2017. Yates was in a group that went to the Oval Office to brief Obama on the findings of the Intelligence Community investigation into Russian campaign meddling. The meeting had all the administration’s top national security officials: FBI Director James Comey, CIA Director John Brennan, National Intelligence chief James Clapper, national security adviser Susan Rice, and other National Security Council officials. “After the briefing, Obama dismissed the group but asked Yates and Comey to stay behind,” a memo of Yates’ interview read. “Obama started by saying he had ‘learned of the information about Flynn’ and his conversation with Kislyak about sanctions.” Yates was totally blindsided. “At that point, Yates had no idea what the president was talking about,” the interview write-up said.

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What does that have to do with Biden? The interview notes made no mention of the vice president. But think back to one of the stranger moments in the Trump-Russia investigation: Rice, on January 20, 2017, at almost the exact minute the Obama administration left office, sent an email to herself documenting the January 5 meeting. This is how it began: “On January 5, following a briefing by IC leadership on Russian hacking during the 2016 presidential election, President Obama had a brief follow-on conversation with FBI Director Jim Comey and Deputy Attorney General Sally Yates in the Oval Office. Vice President Biden and I were also present.”

Oh — so Biden was there, too. The Rice memo-to-self always appeared to be an oddly-timed effort to cover for Obama. “President Obama began the conversation by stressing his continued commitment to ensuring that every aspect of this issue is handled by the intelligence and law enforcement communities ‘by the book,’ Rice wrote. “The president stressed that he is not asking about, initiating or instructing anything from a law enforcement perspective. He reiterated that our law enforcement team needs to proceed as it normally would by the book.” Got that? By the book.

There was a bit of a protest-too-much quality to it all. And indeed, a lot of Republicans, as they tried to figure out what steps the intelligence and law enforcement agencies took against incoming President Trump, have always wondered just what Obama knew about it. But now, it just so happens that another person who was in the room — the Oval Office — is running for president. So it seems reasonable to ask what Joe Biden knew about the intelligence and law enforcement efforts against the Trump team.

The people who would most like to know the answer: the Trump campaign. “Joe Biden was in the room when one of the greatest abuses of power by an administration in American history was in progress,” Trump campaign spokesman Matt Wolking said after the news broke. “The corrupt media will do its best to cover up this scandal and protect him, but Americans deserve to know: What did Joe Biden know and when did he know it?”

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