B. The President’s Conduct Concerning the Investigation of Michael Flynn Overview During the presidential transition, incoming National Security Advisor Michael Flynn had two phone calls with the Russian Ambassador to the United States about the Russian response to US. sanctions imposed because of Russia’s election interference. After the press reported on Flynn’s contacts with the Russian Ambassador, Flynn lied to incoming Administration ofﬁcials by saying he had not discussed sanctions on the calls. The ofﬁcials publicly repeated those lies in press interviews. The FBI, which previously was investigating Flynn for other matters, interviewed him about the calls in the ﬁrst week after the inauguration, and Flynn told similar lies to the FBI. On January 26, 2017, Department of Justice (DOJ) ofﬁcials notiﬁed the White House that Flynn and the Russian Ambassador had discussed sanctions and that Flynn had been interviewed by the FBI. The next night, the President had a private dinner with FBI Director James Comey in which he asked for Comey’s loyalty. On February 13, 2017, the President asked Flynn to resign. The following day, the President had a one-on-one conversation with Conley in which he said, “I hope you can see your way clear to letting this go, to letting Flynn go.” Evidence 1. Incoming National Security Advisor Flynn Discusses Sanctions on Russia with Russian Ambassador Sergey Kislyak Shortly after the election, President-Elect Trump announced he would appoint Michael Flynn as his National Security Advisor.78 For the next two months, Flynn played an active role on the Presidential Transition Team (PTT) coordinating policy positions and communicating with foreign government ofﬁcials, including Russian Ambassador to the United States Sergey Kislyak.79 On December 29, 2016, as noted in Volume II, Section II.A.4, supra, the Obama Administration announced that it was imposing sanctions and other measures on several Russian individuals and entities.80 That day, multiple members of the PTT exchanged emails about the sanctions and the impact they would have on the incoming Administration, and Flynn informed members of the PTT that he would be speaking to the Russian Ambassador later in the day.“ 78 Flynn 1 1/16/17 302, at 7; President-Elect Donal/d1 Trump Selects US. Senator JeﬂSessiansfar Attorney General, Lt. Gen. Michael Flynn as Assistant to the President for National Security Aﬁaz‘rs and US. Rep. Mike Pompeo as Director of the Central Intelligence Agency, President-Elect Donald J. Trump Press Release (Nov. 18, 2016); see also, e.g., Bryan Bender, Trump names Mike Flynn national security adviser, Politico, (Nov. 17, 2016). 79 Flynn 11/16/17 302, at 8-14; Priebus 10/13/17 302, at 3-5. 8° Statement by the President on Actions in Response to Russian Malicious Cyber Activity and Harassment, The White House, Ofﬁce of the Press Secretary (Dec. 29, 2016). 8‘ 12/29/16 Email, O’Brien to McFarland et a1.; 12/29/16 Email, Bossert to Flynn et al.; 12/29/16 Email, McFarland to Flynn et a1.; SF0000‘01 (12/29/ 16 Text Message, Flynn to Flaherty) (“Tit for tat w Russia not good. Russian AMBO reaching out to me today”); Flynn 1/19/18 302, at 2. HA . i h i "z i , s Q is
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