From a national security perspective, Comey said he does have some concerns that incoming NSA Flynn is speaking frequently with Russian Ambassador Kislyak. Comey said that could be an issue as it relates to sharing sensitive information. President Obama asked if Comey was saying that the NSC should not pass sensitive information related to Russia to Flynn. Comey replied "potentially." He added that he has no indication thus far that Flynn has passed classified information to Kislyak, but he noted that the "level of communication is unusual."
Which otherwise translates as Comey having no evidence of his being either a criminal suspect or a national security threat.
Based on Comey's standard. This is the standard you've decided we should discuss when you wrote, "Comey was saying there was no evidence of criminal activity or national security threat from Flynn."
Comey isn't a foreign policy guy. His forte is law enforcement and national security and on both he is saying he has no evidence of any problems.
There was really no need to protect President Obama since he was not involved in the investigation.
Actually, the purpose of a a counter-intelligence investigation is to provide information for the presdient.
The president can start one and end one at his will.
We already know he was involved with the spurious Russia investigation.
What the memo makes clear is that President Obama -- rightfully, prudently, and justly -- did not want to interfere or involve himself in any sort of criminal or counterintelligence investigation involving the incoming administration.
The president knew there was no basis for either-- Comey told him that.
That's why Rice wrote her memo-- to blame Comey for the problem.
Well, there was, because they had never closed it. Also, it doesn't matter that at some particular point in time the FBI had exhausted all its leads with respect to their suspicions of Mr. Flynn's behavior because the FBI can open and close cases at will. With respect to opening cases so long as there is an articulable fact to justify opening an investigation, they can open an investigation.
There was no articuable fact. That is what the memo from Rice states.
It wouldn't matter anyway whether or not the investigation into Flynn, himself, was opened or closed. Crossfire Hurricane was still ongoing, and Flynn's behavior as it relates to his call with Kislyak was really strange. Recall that before the interview Flynn had lied to Pence about his call with Kislyak.
There is nothing particularly strange about telling the Russian ambassador that Russia should resist going apesh*t over the sanctions. In fact, that would seem to be quite reasonable.
Whatever Flynn told Pence is of no concern of the FB
You're looking for some sort of procedural off-ramp to rationalize the dismissal of Flynn's case, but it's not the procedure that drives an investigation and a prosecution, it's the facts.
The fact is that there were no facts to justify the investigation. That is what the Rice memo states.