Mueller Charges Against Flynn Exonerate Trump of Russian Collusion by Publius Tacitus

The news of Mike Flynn's plea agreement with special prosecutor Robert Mueller was trumpeted on the media as if Flynn had admitted to killing Kennedy or had unprotected sex with Vladimir Putin. But once I took time to read the actual agreement I realized, not surprisingly, the the media lynch mob was blinded by hatred and unwilling to think objectively or fairly about the matter. The evidence exonerates Donald Trump of  having colluded with the Russians but does expose Michael Flynn as a man of terrible judgment when it comes to talking to the FBI. There was nothing that Flynn did with the Russians that was wrong or improper. 

Here are the key details for you to judge for yourself:

STATEMENT OF THE OFFENSE (link)

Pursuant to Federal Rule of Criminal Procedure 11, the United States of America and the defendant, MICHAEL T. FLYNN, stipulate and agree that the following facts are true and accurate. These facts do not constitute all of the facts known to the parties concerning the charged offense; they are being submitted to demonstrate that sufficient facts exist that the defendant committed the offense to which he is pleading guilty.

1.    The defendant, MICHAEL T. FLYNN, who served as a surrogate and national security advisor for the presidential campaign of Donald J. Trump ("Campaign"), as a senior member of President-Elect Trump's Transition Team ("Presidential Transition Team"), and as the National Security Advisor to President Trump, made materially false statements and omissions during an interview with the Federal Bureau of Investigation ("FBI") on January 24, 2017, in Washington, D.C. At the time of the interview, the FBI had an open investigation into the Government of Russia's ("Russia") efforts to interfere in the 2016 presidential election, including the nature of any links between individuals associated with the Campaign and Russia, and whether there was any coordination between the Campaign and Russia's efforts.

2.    FLYNN's false statements and omissions impeded and otherwise had a material impact on the FBI's ongoing investigation into the existence of any links or coordination between individuals associated with the Campaign and Russia's efforts to interfere with the 2016 presidential election.

False Statements Regarding FLYNN's Request to the Russian Ambassador that Russia Refrain from Escalating the Situation in Response to U.S. Sanctions against Russia

 

3.    On or about January 24, 2017, FLYNN agreed to be interviewed by agents from the FBI ("January 24 voluntary interview"). During the interview, FLYNN falsely stated that he did not ask Russia's  Ambassador to the United States ("Russian Ambassador") to refrain from escalating the situation in response to sanctions that the United States had imposed against Russia. FLYNN also falsely  stated that he did not remember a follow-up conversation in which the Russian Ambassador stated that Russia had chosen to moderate its response to those sanctions as a result of FLYNN's  request. In truth and in fact, however, FLYNN then and there knew that the following had occurred:

a.    On or about December 28, 2016, then-President Barack Obama signed Executive Order 13757, which was to take effect the following day. The executive order announced sanctions against Russia in response to that government's actions intended to interfere with the 2016 presidential election ("U.S. Sanctions").

b.    On or about December 28, 2016, the Russian Ambassador contacted FLYNN,

c.    On or about December 29, 2016, FLYNN called a senior official of the Presidential Transition Team ("PTT official"), who was with other senior members of the Presidential Transition Team at the Mar-a-Lago resort in Palm Beach, Florida, to discuss what, if anything, to communicate to the Russian Ambassador about the U.S. Sanctions. On that call, FLYNN and the PTT official discussed the U.S. Sanctions, including the potential impact of those sanctions on the incoming administration's foreign policy goals. The PTT official and FLYNN also discussed that the members of the Presidential Transition Team at Mar-a-Lago did not want Russia to escalate the situation.

d.    Immediately after his phone call with the PTT official, FLYNN called the Russian Ambassador and requested that Russia not escalate the situation and only respond to the U.S. Sanctions in a reciprocal manner.

e.    Shortly after his phone call with the Russian Ambassador, FLYNN spoke with the PTT official to report on the substance of his call with the Russian Ambassador, including their discussion of the U.S. Sanctions.

f.   On or about December 30, 2016, Russian President Vladimir Putin released a statement indicating that Russia would not take retaliatory measures in response to the U.S. Sanctions at that time.

g.    On or about December 31, 2016, the Russian Ambassador called FLYNN  and informed him that Russia had chosen not to retaliate in response to FLYNN's request.

h.    After his phone call with the Russian Ambassador, FLYNN spoke with senior members of the Presidential Transition Team about FLYNN's conversations with the Russian Ambassador regarding the U.S. Sanctions and Russia's decision not to escalate the situation.

False Statements Regarding FLYNN's Request that Foreign Officials Vote Against or Delay a United Nations Security Council Resolution

4.    During the January 24 voluntary interview, FLYNN made additional false statements about calls he made to Russia and several other countries regarding a resolution submitted by Egypt to the United Nations Security Council on December 21, 2016. Specifically FLYNN falsely stated that he only asked the countries' positions on the vote, and that he did not request that any of the countries take any particular action on the resolution. FLYNN also falsely stated that the Russian Ambassador never described to him Russia's response to FLYNN's request regarding the resolution. In truth and in fact, however, FLYNN then and there knew that the following had occurred:

a.    On or about December 21, 2016, Egypt submitted a resolution to the United Nations Security Council on the issue of Israeli settlements ("resolution"). The United Nations Security Council was scheduled to vote on the resolution the following day.

b.    On or about December 22, 2016, a very senior member of the Presidential Transition Team directed FLYNN to contact officials from foreign governments, including Russia, to learn where each government stood on the resolution and to influence those governments to delay the vote or defeat the resolution.

c.    On or about December 22, 2016, FLYNN contacted the Russian Ambassador about the pending vote. FLYNN informed the Russian Ambassador about the incoming administration's opposition to the resolution, and requested that Russia vote against or delay the resolution

d.    On or about December 23, 2016, FLYNN again spoke with the Russian Ambassador, who informed FLYNN that if it came to a vote Russia would not vote against the resolution.

Other False Statements Regarding FLYNN's Contacts with Foreign Governments

5.    On March 7, 2017, FLYNN filed multiple documents with the Department of  Justice pursuant to the Foreign Agents Registration Act ("FARA") pertaining to a project performed by him and his company, the Flynn Intel Group, Inc. ("FIG"), for the principal benefit of the Republic of Turkey ("Turkey project"). In the FARA filings, FLYNN made materially false statements and omissions, including by falsely staling that (a) FIG did not know whether or the extent to which the Republic of Turkey was involved in the Turkey project, (b) the Turkey project was focused on improving U.S. business organizations' confidence regarding doing business in Turkey, and (c) an op-ed by FLYNN published in The Hill on November 8, 2016, was written at his own initiative; and by omitting that officials from the Republic of Turkey provided supervision and direction over the Turkey project.

Robert S. Mueller III
Special Counsel

Now, let's sort out what actually happened with respect to Russia (you can only figure this out after reading the entire charge). Let's re-write the Mueller "charge" chronologically and look at how the meaning changes:

December 21, 2016--Egypt submitted a resolution to the United Nations Security Council on the issue of Israeli settlements ("resolution").

December 22, 2016--a very senior member of the Presidential Transition Team (reportedly Jared Kushner) directed FLYNN to contact officials from foreign governments, including Russia, to learn where each government stood on the resolution and to influence those governments to delay the vote or defeat the resolution.

December 23, 2016--FLYNN again spoke with the Russian Ambassador, who informed FLYNN that if it came to a vote Russia would not vote against the resolution.

On this same day, President-elect Trump spoke with Egyptian leader Sisi, who agreed to withdraw the resolution (link).

[I would note that there is nothing illegal or wrong about any of this. Quite an appropriate action, in fact, for an incoming President. Moreover, if Trump and the Russians had been conspiring before the November election, why would Trump and team even need to persuade the Russian Ambassador to do the biding of Trump on this issue?]

December 28, 2016--President Barack Obama signed Executive Order 13757, which was to take effect the following day, imposing sanctions on Russia. Russian Ambassador Kislyak called General Flynn (who was vacationing in the Caribbean).

December 29, 2016, FLYNN called a senior official of the Presidential Transition Team ("PTT official"), who was with other senior members of the Presidential Transition Team at the Mar-a-Lago resort in Palm Beach, Florida, to discuss what, if anything, to communicate to the Russian Ambassador about the U.S. Sanctions. On that call, FLYNN and the PTT official discussed the U.S. Sanctions, including the potential impact of those sanctions on the incoming administration's foreign policy goals. The PTT official and FLYNN also discussed that the members of the Presidential Transition Team at Mar-a-Lago did not want Russia to escalate the situation.

• FLYNN called the Russian Ambassador and requested that Russia not escalate the situation and only respond to the U.S. Sanctions in a reciprocal manner.
• Shortly after his phone call with the Russian Ambassador, FLYNN spoke with the PTT official to report on the substance of his call with the Russian Ambassador, including their discussion of the U.S. Sanctions.

December 31, 2016--the Russian Ambassador called FLYNN  and informed him that Russia had chosen not to retaliate in response to FLYNN's request.

After his phone call with the Russian Ambassador, FLYNN spoke with senior members of the Presidential Transition Team about FLYNN's conversations with the Russian Ambassador regarding the U.S. Sanctions and Russia's decision not to escalate the situation.

The real crime of Michael Flynn was his lies about his work with Turkey under the auspices of the Flynn Intel Group. That was flat out wrong. Yet, that is ignored by the media. They want the Russia silver bullet.

Guess what? There ain't one.

Not one of the things outlined in the Mueller complaint was illegal nor immoral with respect to contacts with Russia. In fact, the sequence of events and Flynn's role provides direct evidence that the senior Trump team had no established contacts with Russia. If they did, why the hell did they rely on Flynn to persuade the Russian government to do or not do things if Trump and his family were already on the Kremlin hook? Makes no sense whatsoever.

I do not know why Flynn lied to the FBI. Shame on him for that. He has dishonored himself and the uniform he once wore. 

We will find out in the coming days if Jared Kushner is as big a fool as Flynn. If JK told the FBI the truth about the events that unfolded between 21 and 31 December then he is off the hook. If he lied, he could be facing charges. One big difference, though. He can afford big time lawyers and beat the Mueller team to shit in the courtroom.

 

Comments

[kooshy]

"not about collusion anymore but about obstruction of justice" obstruction of justice? really, why? what justice you think was obstructed here? firing of Comey? if there was a collision with russian and Mueller knew it wouldn't Mueller leak it after now to imbalance more people in and around administration, to have them come in for more plea bargain. IMO, this case is dead en d except for the anti Trump circles and media

[Dr. George W. Oprisko]

What I don't understand in all of this........

Is............

Why Trump hasn't simply issued a blanket pardon to Flynn and each and all of his transition team against any and all crimes and misdemeanors past, present, and future.

Then............

Stared down the FBI / CIA and via executive order disbanded both......

INDY

PS:

Don't tell me this is "illegal" as president Trump via his Justice Secretary
can declare laws "unconstitutional" at will..........

Then........

Face them down......... claiming interference with separation of powers......

Of course....... why Trump didn't simply cashier each and every Obama holdover on day one....... is for the history books.....

INDY

[optimax]

There's no hint of collusion before the election except for Flynn taking orders from Israel to interfere with Obama's policy for once not running interference on the UN vote for the members of the Judeo-Christian Party. Russia didn't comply, therefor it changed nothing. Of course collusion with Israel isn't s problem . We think of them as our friend while they use us as their golem.

Mueller's investigation hasn't amounted to much but the problem is it is open-ended. It has come out Trump did say the p-word some years ago. Mueller can nail him for that and sing along with this song.

https://boingboing.net/2017/12/01/i-caught-a-snowflake-by.html

[blowback]

TPM is not left wing, it's Clintonist (Clinton personality cultists) as are many similar liberal blogs which refuse to even discuss the possibility that Hillary Clinton was in anyway responsible for her own defeat and still dream that that either the 2016 election result can be reversed in some way or that Clinton will win in 2020.

[Yeah, Right]

I'm a little confused here regarding what the crime actually was.

As far as I can tell it is that Flynn did a whole lotta' stuff that wasn't illegal, but when the FBI asked "did you say xxx to Country A on behalf of Country B?" then Flynn either flat-out-lied or lied-by-omission.

That's it, isn't it?

If so, then I'd like to ask a hypothetical: would Flynn have been safe if he had answered with "Well, why don't you tell me what your bugs recorded and I'll agree that the transcript is accurate"

If he had said that - any nothing more - then what would the criminal charges be? Being a smart-arse? Annoying the FBI? Not playing the game?

Because that would be my criteria for deciding how big a beat-up this is i.e. could he have been charged if he had said, quite truthfully, that "I said whatever it is that your bugs recorded me saying".

If he had said that was any crime ever committed?

Any. Crime. At. All?

[Kutte]

You write: "Here are the key details for you to judge for yourself:"

Therefore, I am judging myself, that Trump kept a cool head all the time and did all the right things and never panicked, unlike Nixon who could have slept out Watergate as a minor nuisance. I am also judging, that you were dead wrong when you kept saying that Trump is a fool and a buffon and will be massacred by Herr Müller. Eventually, Obama and a few others will have to answer unpleasant questions. As Churchill (not my favorite) once said: The wicked aren't always clever. Only the arcmchair strategists enjoy the benefit of 20/20 hindsight.

[Bobo]

So Mueller has two guys pleading guilty to lying to the FBI and two guys who were living on the edge up on charges. Whoopie!!!
After seeing poor Martha tucked away for a few years for lying to the FBI you would of thunk everyone in this country would of known don't talk to the FBI without a lawyer and then say as little of the truth as you can as them boys live for the lie.
Mike Flynn was and is in well over his head and should get to the confessional quickly and say a few Hail Mary's.

I agree you can read a lot into those charges but then for $25 that Gypsie down the street can look into her crystal ball too.

[elev8]

Publius, aren't you ignoring that this is likely a play to get Flynn to implicate someone close to Trump - one of his kids, Kushner - in withholding information - i.e., an attempt to build an obstruction charge to supplant the collusion charge?
Wouldn't that keep the media game going? It might still exhaust itself, but it would also take longer.

[TV]

Flynn could have been indicted for felony stupid.
How did this guy get to O-2 much less 3 stars?

[LeaNder]

I agree, LB, that's the more the interesting part. But also confirms my bias, to be honest.

On the other hand it is firmly within US longtime votes or politics. Was the Obama admin's abstention under Powers more then symbolical? I am sure they knew their abstention wouldn't matter. One would need to take a look at the specific argument or critique.

Again, I don't consider Trump's position on matters surprising.

Wikipedia suggests that the draft was initially presented with a lot of help from Britain behind the scene. Based on Barak Ravid, Haaretz, in this context. It also registers a direct phone call between Trump and el-Sis that supposedly was effective, this time relying on the BBC:

https://en.wikipedia.org/wiki/United_Nations_Security_Council_Resolution_2334#Passage

[rkka]

What Flynn fell into was a 'perjury trap' set by Obama holdovers, similar to that which was set for Bill Clinton by his personal Jauvert, Ken Starr. Starr indicted Clinton associates with wild abandon, seeking one who had the goods on Bill.

Sorta like Mueller is doing to Trump now. So all this boils down to is domestic political shenanigans that have been going since Tricky Dick was taken down.

Oh, and never talk to law enforcement personnel without your lawyer present. Never.

[aleksandar]

Phase 1 : Trump lawyers team and Flynn's lawyers team came to an agreement. Flynn will obtain a presidential pardon. They apparently and publicly broke contacts.
Phase 2 : Flynn offers a plea agreement to Mueller. Muller investigations about Trump and Russiangate are already going nowhere. Others inform Mueller discreetly that Flynn will have a presidential pardon whatever convictions he can obtain.
Phase 3 : Mueller accept because it is the only way to continue his investigations and succeed to charge DJT .
Phase 4 : Facts in Flynn's plea agreement prove beyond doubts that Russiangate is bs.
And point directly to JK. BUT JK is Netanyahu and AIPAC mouthpiece.
So Mueller investigations are now targeting a Borg member.
Catch 22.
Sorry but I'am laughing out loud.
Maybe DJT is not as stupid as everybody says.

[Fredw]

A night's thought convinces me that you do have a point about the nature of plea agreements. The lawyer for the accused will try to include everything possible in order to protect his client from follow-on charges. I don't know why some other things are not there. And neither do you. Your interpretation assumes that the standard pattern applies. It seldom does with these people. Really good lawyers make fortunes getting standard patterns to not apply. Which is not to say that the Turkey-related issues are strong, only that they are not in this document. Could possible state charges be involved that would not be covered by this document in any case? And also would not be open to a presidential pardon? In the short term it looks as though there may be an element of trust involved, much as the lawyers hate that.

I do resent your assumptions about my background and knowledge. When you have arguments, make the arguments. It is offensive to attribute motives and habits to people to people you don't know and have never met.

[LeaNder]

It does not include all of the facts known to me regarding this offense."

Could be a standard phrase or legal device. I interpret it within my minor means and/or no knowledge of the relevant US law as standard phrase suggesting Flynn guided by his lawyer stood closely within the limits of matters the prosecutors confronted him with.

[Outrage Beyond]

Re: TPM is not left wing, it's Clintonist

Indeed, it's not only Clintonist. The proprietor is a hardcore and extremely arrogant Zionist who was among the enthusiasts of the Iraq War for Israel. He also named his son after a Zionist terrorist.

[turcopolier]

All
Flynn IS NOT a former general. He is a retired general. He is still a member of the US Army. As such he has potential liabilities from the Army because of his guilty plea to a felony. The Army's possible reaction to that is unconnected to whatever happens to Flynn in the federal courts. Theoretically, the Army could administratively expel Flynn from the Army if his civilian crime is judged by the Army to have damaged national security. This would deprive him of all benefits connected to his present status as a retired service member. that would include his retired pay, medical benefits, etc. If the lawyers think I have that wrong, let me know. pl

[LeaNder]

CWZ, not many "October surprises" seem to have been successful. Relying on the narrow lens provided by Wikipedia. Russiagate at this moment seems nothing more then simply another October Surprise charge. Although strictly, it may not quite fit into the category either. But we do need categories:

https://en.wikipedia.org/wiki/October_surprise

[Fred]

CWZ,

"...communicating with foreign ambassadors..."

Is not a crime in the United States.

"Pre-inaugural meetings between representatives of the incoming administration ..."

You mean there were no discussions between the Trump campaign and the Russians until after he had won the election. So we are down to complaing because Trump showed a lack of decorum.

[Fred]

SR Wood,

"How long did it take to get the full story on Nixon Clinton?" There, fixed it for you. Rather than point to a specific point of Publius' posting you throw out a slur: "apologist"? How about the fact that the original FISA warrants were based on the Fusion GPS dossier that was in part paid for by the Clinton campaign and thus the findings of probable cause for an investigation are based on fabrications created by an agent of a foreign government? Better not bring that one up. We'll know in 7 years when Trump leaves office. But at least you'll have the satisfaction of using the investigation to say how illegitimate he was.

[Annem]

Well, this is how the USG handles such matters.....as for Turkey, having learned that Reza Zarrab, the Iran sanctions buster and BFF of the Erdogan's, has been flipped by NY prosecutors in the case of Halkbank senior managers, they have indicted Zarrab as a "spy" and seized all the man's extensive holdings and money in Turkey, as well as that of all members of his family. That is a huge haul! Meanwhile, the Sultan has declared that he and his folks have done nothing illegal since they did not agree to the sanctions. IF you recall, this money-laundering scheme was an important part of the major corruption case against Zarrab and others including members of Erdo's family. That started the draconian moves against judges, prosecutors and police officials in 2013 followed by the rapid evaporation of all aspects of democracy in that country.

[jdledell]

PT - "He can afford big time lawyers and beat the Mueller team to shit in the courtroom." This is the kind of comment you assert as a Fact yet when other commentators make similar remarks - you insist those are opinions. Life is full of people who insist their analysis and opinion are always 100% correct and factual and others are always wrong and stupid.

You have strung together pieces of information to build a hypothetical case that Trump and his companions are not guilty of collusion. That may or may not be correct, but it is far too early to come to a definitive conclusion.

It is my hope that this site returns to its roots with military commentary about hot spots around the globe. The recent analysis of the situation in Syria was first class and unavailable from any other source.

[blowback]

December 31, 2016--the Russian Ambassador called FLYNN and informed him that Russia had chosen not to retaliate in response to FLYNN's request.

Have you any evidence for this? The Washington Post/Associated Press is currently reporting:

—Dec. 31, 2016: Kislyak tells Flynn that Russia has decided not to retaliate over the sanctions. Flynn conveys this back to senior members of Trump’s transition team.

If there was more, I think the Washington Post/Associated Press would report it.

https://www.washingtonpost.com/politics/federal_government/key-events-in-michael-flynns-interactions-with-russia/2017/12/01/a0a59626-d6e7-11e7-9ad9-ca0619edfa05_story.html?utm_term=.20efd6f1d45a

Given that a new president with radically different views on relations with Russia was about to take office, it would be simple commonsense for Russia/The Kremlin/Putin to hold off for a period to see how the new president dealt with the issue.

[DC]

My right-of-center buddies are parroting this, National Review's, argument that the plea deal somehow exonerates Trump of anything. Well, MAYBE it points in that direction, but as many others are pointing out here, what we don't know is likely more damning than what we do know. It's a plea deal: what ISN'T Flynn being charged with? (hint: google "Flynn" and "Turkey")

[steve]

When asked about it, did Obama or his people lie? If Flynn was simply doing what everyone else had been doing, then why lie?

Steve

[DC]

Well, yes, obstruction. Trump had the authority to fire Comey but not for an illegal (attempt to obstruct) reason. What we know so far is (a) he fired him; (b) Trump told others he was glad Comey was gone because it took heat off his back; (b) we learned this week that Trump told Congress to stop investigating his relationship with Russia. Trump is even dumber than Flynn, imo. And that's looking to be pretty dumb.