The records say that a "very senior member of the
Presidential Transition Team" directed Flynn to contact officials from
foreign governments, including Russia, about the U.N. resolution on Israel.
That official is also not named, but people familiar with the matter said it
refers to Kushner. According to one transition team official, Kushner told
Flynn that blocking the resolution was a top priority of the president-elect.
Abbe Lowell, Kushner's attorney, declined to comment.
It is unclear what else Flynn might have told Mueller's team
about his work for the administration and interactions with Russians - which
could have significant consequences for the investigation. Flynn is the
highest-profile Trump ally - and the first aide who worked in the White House -
to face charges in special counsel Robert Mueller III's investigation. Trump
developed a close rapport with Flynn on the campaign trail, where the general
delivered fiery denunciations of Hillary Clinton, including leading a
"Lock her up!" chant at the Republican National Convention.
Outside the courthouse Friday, a small group of protesters
shouted "Lock him up!" at Flynn as he left the building.
The Washington Post reported in February that Flynn had
privately discussed U.S. sanctions against Russia with that country's
ambassador before Trump took office, contrary to public assertions by Trump
officials. Acting attorney general Sally Yates warned the White House that the
national security adviser might be susceptible to Russian blackmail because he
had misled senior officials.
Flynn was forced to resign, but after that, Trump said that
his ouster might have been a mistake. Trump's request of then-FBI Director
James Comey to be lenient with Flynn has also come under scrutiny by the
special counsel, and Flynn's cooperation could prove important to Mueller's
ongoing probe of whether the president attempted to obstruct justice.
Trump has said previously that he did not direct Flynn to
discuss sanctions with the Russian ambassador but that he "would have
directed him because that's his job." There is a law - the Logan Act -
that bars U.S. citizens from interfering in diplomatic disputes with another
country. But the statute has not been used in a prosecution in modern history,
and it would not be uncommon for incoming administrations to interface with
foreign governments with whom they will soon have to work.
In a statement on Flynn's guilty plea, White House lawyer Ty
Cobb said: "The false statements involved mirror the false statements to
White House officials which resulted in his resignation in February of this
year. Nothing about the guilty plea or the charge implicates anyone other than
Mr. Flynn. The conclusion of this phase of the Special Counsel's work demonstrates
again that the Special Counsel is moving with all deliberate speed and clears
the way for a prompt and reasonable conclusion."
In recent weeks, Trump's attorneys have expected Flynn to plead
guilty, particularly after one of Flynn's attorneys, Robert Kelner, said he
could no longer communicate about the probe with Trump's lawyers.
Flynn's negotiations to cooperate with Mueller's team began
in earnest early last month, according to two people briefed on the
discussions. At some point, Mueller's investigators warned Flynn's attorneys
that they planned to indict Flynn and also could charge his son, according to
the two people, who spoke on the condition of anonymity to discuss private
deliberations. Flynn's attorneys, Kelner and Stephen Anthony, provided a
proffer of what information Flynn could provide, and then Flynn met with Mueller's
team.
The Wednesday before Thanksgiving, White House lawyer John
Dowd contacted Flynn's team in a sporadic "check-in" call he made to
other defense counsel personnel in the Russia probe every few weeks, people
familiar with the matter said. Kelner told Dowd on the call that he could no
longer communicate with the White House lawyers. That signaled that Flynn had
begun to cooperate or was already actively seeking to cooperate with the
special counsel's office, because in either case his lawyers would have a duty
to shut off communications with other defense teams.
As part of Flynn's negotiations, his son, Michael G. Flynn,
is not expected to be charged, according to a person with knowledge of the
talks.
The elder Flynn's case was assigned to U.S. District Judge
Rudolph "Rudy" Contreras, 55, a 2012 Obama appointee and veteran
federal lawyer who joined the civil division of the U.S. attorney's office in
the District in 1994, rising to head the civil division of the Delaware federal
prosecutor's office before returning to take the same position in the District
in 2006. Contreras also serves on the Foreign Intelligence Surveillance Court.
The plea caps a stunning fall for the general. A native of
Rhode Island who grew up in a large family of modest means, Flynn joined the
Army officer school and chose early in his career to specialize in
intelligence. Among his mentors was Gen. Stanley McChrystal, who praised
Flynn's ability in Afghanistan to bond with his soldiers and get results. In
2012, Flynn was named director of the Defense Intelligence Agency but rankled
some subordinates there who questioned his temperament and decision-making.
President Barack Obama removed Flynn from the DIA post in October 2014.
Though Flynn gave Trump much-needed national security credentials,
he had a mixed reputation among other Trump aides, who thought he gave the
president questionable information and worried about some of his business
dealings.
Flynn has been a major investigative target of the FBI's
probe into Russian meddling in the 2016 election. A key question for
investigators is whether any Trump associates coordinated with Russian
officials to try to sway the presidential race.
Flynn's contacts with Kislyak, who stepped down from his
ambassador post in July, are a key issue in the probe, and the plea deal could
open new doors for investigators trying to determine what, if anything, Trump
knew about such contacts.
Michael Flynn grew up breaking the rules. It caught up to
him as Trump's national security advisor
Flynn has also come under scrutiny for having a secret
financial stake in major foreign policy decisions while advising Trump during
the campaign, the transition and the brief period he served in the
administration.
In his agreement, Flynn acknowledged lying in his
foreign-agent disclosure forms when he claimed that he did not know the extent
of the Turkish government's involvement in a contract his firm had obtained and
when he claimed that an op-ed he wrote encouraging the U.S. government to expel
a rebel cleric and enemy of the Turkish president was at his own initiative.
The maximum penalty for making a false statement is five
years in prison, though both sides said Flynn would face a recommended sentence
of up to six months in prison under federal guidelines.
The Defense Department inspector general's office, which
announced in April that it was investigating Flynn for his failure to report
overseas trips to Russia after his Army retirement, has put that case on hold
in deference to Mueller's probe.
The Washington Post's Josh Dawsey, Spencer S. Hsu and
Rosalind S. Helderman contributed to this report.
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