I'm reposting this podcast because it is worth a listen. Lake and Wittes layout out their disagreements in a thoughtful calm way. This was pre-transcripts release. The Lawfare Podcast: Eli Lake Makes the Case for Flynn There are a couple main points they disagree over: 1. The predict for the Flynn interview by the FBI. Lake thinks that the FBI did not have a predict because it was clear that Flynn was not a willing, active agent of the Russian government. And predicts that the transcripts would prove this (which they did) and he was doing what was expected of an incoming NSA. Wittes main argument is he believes the existence of the calls would have been enough to reopen a closed case and that since this call was not done through the State Department it makes eligible to be considered justification to keep the investigation open. Lake disagrees with the idea the case would have been reopened and states that might be true if it was John Smith private citizen but not for an incoming NSA. Wittes admits that the Logan Act would never be used in this case. Lake admits that the Trump transition was unconventional but says the Trump campaign had valid reasons to be wary of coordinating FP calls through the Obama State Dept. 2. The lie to Pence is another point. Wittes thinks the lie to Pence is a major CI issue and thinks the theory of Trump campaign coordination with the Russians floating around. Lake points out that the FBI agents never ask Flynn what he told Pence and that Flynn had coordinated the call through the transition team. He covers a lot of reasons why this is not a serious reason to keep an investigation open or re-open it. 3. The DOJ vs FBI actions during January and how Comey handled it. Lake thinks Comey wanted to get Flynn and his actions show that. Wittes thinks this is normal tension between cops and prosecutors. Lake thinks this was Comey inserting himself into the transfer of power. Wittes does not think that Comey was out to get Flynn. 4. They get into whether Flynn actually lie and the 302, which has been covered here already. 5. They also get into the letter from 2000 former DOJ employees. The big take away on this one is that both sides admit that only a fool would suggest the Logan Act is something to be taken seriously. Wittes actually states "...never in a million years would you contemplate charging someone with the Logan Act." I think Lake does a great job showing why any concern about a CI issue over Flynn's lie to Pence is not a big deal but that is a personal opinion.