Flynn Pleads Guilty to Making False Statements

Appearing in a packed D.C. district courtroom Friday morning, Flynn agreed to a charge of “willfully and knowingly” making “false, fictitious and fraudulent statements” to the FBI about his December 2016 conversations with Russian ambassador Sergei Kislyak. He resigned in mid-February after admitting that he misled administration officials about the contents of his communications with Kislyak, which involved the subject of sanctions that had been placed on Russia by the outgoing Obama administration.

The charge carries a maximum of five years in prison, and a fine of up to $250,000. Flynn waived the right to a grand jury, as well as the right to a jury trial and the right to appeal in most circumstances. He also acknowledged that he is cooperating with Mueller’s investigation into Russia’s meddling with the 2016 presidential election.

The prosecution said that Flynn made the false statements on January 24, 2017, in an interview with the FBI. The FBI was at the time investigating Russian election interference, including the nature of any links between the Trump campaign and the Kremlin, and Flynn’s false statements “impeded” the ongoing probe, according to court filings distributed to reporters.

Prosecutors on Friday laid out the facts of its case against the embattled former national security adviser, which can be divided into three sections: the first pertaining to false statements about sanctions, the second pertaining to false statements about a United Nations Security Council Resolution, and the third, related to Flynn’s consulting work and Turkey.

Below are summarized excerpts from the Mueller’s statement of offense, with some added context:

What Flynn said to the FBI:

1. Flynn falsely told FBI agents during a January 24 interview that he did not ask Kislyak “to refrain from escalating the situation” in response to sanctions that the Obama administration had imposed against Russia. The Obama administration had earlier announced new sanctions on Russia and expelled 35 diplomats.
2. Flynn also falsely stated that he “did not remember a follow-up conversation” with Kislyak, “in which the Russian ambassador stated that Russia had chosen to moderate its response to those sanctions as a result of Flynn’s request.”

What actually happened, per Mueller:

1. On December 29, 2016, Flynn called a senior official on the transition team at Mar-a-Lago. They discussed “what, if anything, to communicate” to Kislyak about Obama’s sanctions, and discussed that other transition team members at Mar-a-Lago “did not want Russia to escalate the situation.”
2. Flynn then “immediately” called Kislyak and asked that Russia “not escalate the situation,” and respond only “in a reciprocal manner.”
3. Flynn then reported back to the transition official.
4. On December 30, Russian president Vladimir Putin suggested in a statement that Russia would not take retaliatory measures. He said in that statement: “Russia has reasons to respond in kind. Although we have the right to retaliate, we will not resort to irresponsible ‘kitchen’ diplomacy but will plan our further steps to restore Russian-US relations based on the policies of the Trump Administration.
5. On December 31, Kislyak called Flynn and told him “that Russia had chosen not to retaliate in response” to his “request.”
6. Flynn then reported back to senior transition team members about his conversations with Kislyak.

The prosecution also said that Flynn made false statements about calls he made to Russia and countries about a United Nations Security Council Resolution related to Israel that was originally submitted by Egypt on December 21, 2016.

The resolution describes the West Bank and east Jerusalem as occupied Palestinian territory and says that Israeli construction in those areas is a “flagrant violation under international law.” The Obama administration abstained from voting on the resolution, allowing its passage.

What Flynn said to the FBI:

1. Flynn “falsely stated” that he “only asked the countries’ positions on the vote.”
2. He said that “he did not request that any of the countries take any particular action” on the resolution.
3. Flynn said that Kislyak never detailed the Kremlin’s response to his request about the resolution.

What actually happened, per Mueller:

1. On December 22, a “very senior member” of the transition team told Flynn to contact foreign governments, including Russia, to learn their position and to “influence those governments to delay the vote or defeat the resolution.”
2. Flynn contacted Kislyak on December 22 about the vote. He told Kislyak about the government’s opposition to it, “and requested that Russia vote against or delay the resolution.”
3. On December 23, Flynn talked to Kislyak again. Kislyak told Flynn that “Russia would not vote against the resolution.”

In something of a twist, the prosecution also cited “false statements and omissions” made by Flynn in regards to to work he and his consulting company had done “for the principal benefit” of Turkey.

Those false statements, made in Foreign Agents Registration Act filings submitted in March 2017, included:

1. Stating that his company “did not know whether or the extent to which” Turkey was involved in a project performed by his company.
2. Stating that that project “was focused on improving U.S. business organizations’ confidence regarding doing business in Turkey.”
3. Stating that an op-ed he wrote in November 2016 “was written at his own initiative.” Around the time he published that piece, it was later revealed, his firm had earned $530,000 for “consulting work that might have aided the government of Turkey,” according to an affixed editor’s note.

Three other Trump associates have also been charged in connection to Mueller’s probe: former campaign chairman Paul Manafort and his business partner Rick Gates, who have pleaded not guilty, and Trump campaign foreign policy adviser George Papadopoulos, who pleaded guilty after misleading the FBI on his communications with a Kremlin-linked “professor.”

Mueller is also investigating potential obstruction of justice as it relates to the president’s firing of FBI director James Comey. Comey testified to the Senate Intelligence Committee in June that Trump asked him to let the Flynn investigation “go” in February. The president’s lawyer has denied Comey’s claims.

Read the whole statement of offense here:

Flynn Statement of Offense by J. Swift (TWS) on Scribd