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The investigation was open when the FBI interviewed Flynn. And at the time of the interview, the FBI knew that Flynn had held secret discussions with Russia about national security matters, and then lied about it repeatedly. They had to interview him.
Moreover, the umbrella investigation under which Crossfire Razor was established, Crossfire Hurricane, was also still open. Secret conversations with Russia about sanctions imposed by the Obama administration were potentially highly relevant to the issue of possible coordination with Russia’s interference in the 2016 election. At the very least, such dealings would raise the question of possible payback for Russia’s help with the election.
There are at least two likely explanations for Barr’s taking such an bogus position.
The most obvious is that he was—yet again—acting primarily to please Trump, as his consigliere.
Less obvious, but perhaps equally likely, is that Barr doesn’t like the way the FBI conducted the interview. Barr clearly believes that rather than handing Flynn the rope with which he could hang himself, the FBI should have told him in advance that they knew there was a disconnect between the facts and what Flynn had told Spicer and Pence, and steered him onto safe ground. But that wouldn’t provide a legal rationale for dismissing the case, so Barr had to make one up.
At the end of the day, however, it really doesn’t matter what pretext Barr offers for his actions. What matters is that he is subverting justice.
Judge Sullivan should not let him get away with it.
And that doesn't even begin to deal with Flynn's FARA violations, taking over half a million from a foreign country, a plot to kidnap, etc.
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