Ken Starr asks why Obama, Biden were 'in the know' about 'illegitimate' Flynn investigation

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Starr: Barr did exactly what he should have with Flynn case

Former Whitewater independent counsel Ken Starr shares his breakdown of the DOJ handling of the Michael Flynn investigation.

Former Independent Counsel Kenneth Starr told "Bill Hemmer Reports" Tuesday that he is troubled by the idea that former President Barack Obama and former Vice President Joe Biden were privy to details about the Michael Flynn investigation.

"We certainly do need to know, why was the president, and now the vice president at the time, in the know about an investigation into Mike Flynn?" Starr asked. "I'm going to use a very harsh word. It was an illegitimate investigation ... Let's assume the earlier investigation [which asked] did he have contacts with the Russians or was he a Russian asset, let's just assume that was legitimate.

"But as of January 4 ... the FBI at lower levels of the operating levels says, 'We don't have anything derogatory.'"

Earlier Tuesday Biden told ABC News host George Stephanopoulos, a former Clinton White House aide that "I know nothing about that those moves to investigate Michael Flynn" and accused the Trump administration of using the Flynn case as a "diversion."

Stephanopoulos noted Biden was reported to have attended a Jan. 5 Oval Office meeting where he would have been briefed on the FBI's plan to question Flynn about his contacts with then-Russian ambassador to the U.S. Sergery Kislyak

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Biden appeared to double-back slightly, telling Stephanopoulos, "I thought you asked me whether or not I had anything to do with him being prosecuted. I'm sorry. I was aware that they had asked for an investigation, but that's all I know about it."

Starr told Bill Hemmer that it is unusual for a president and vice president to be receiving information about an investigation during their "waning days in office."

"Why? We don't know the answer to that," Starr said, "but it's very odd, especially since ... the  [deputy] attorney general of the United States [Sally Yates] was blindsided by all of this."