Conduct Directed at Michael Flynn

¶As previously noted, see Volume II, Section II.B, supra, the President asked for Flynn's resignation on February 13, 2017. Following Flynn's resignation, the President made positive public comments about Flynn, describing him as a "wonderful man," "a fine person," and a "very good person."⁸³¹⁸³¹ See, e.g., Remarks by President Trump in Press Conference, White House (Feb. 16, 2018) (stating that "Flynn is a fine person" and "I don't think [Flynn] did anything wrong. If anything, he did something right . . . You know, he was just doing his job"); Interview of Donald J. Trump, NBC (May 11, 2017) (stating that Flynn is a "very good person"). The President also privately asked advisors to pass messages to Flynn conveying that the President still cared about him and encouraging him to stay strong.⁸³²⁸³² See Priebus 1/18/17 302, at 9-10 (the President asked Priebus to contact Flynn the week he was terminated to convey that the President still cared about him and felt bad about what happened to him; Priebus thought the President did not want Flynn to have a problem with him); McFarland 12/22/17 302, at 18 (about a month or two after Flynn was terminated, the President asked McFarland to get in touch with Flynn and tell him that he was a good guy, he should stay strong, and the President felt bad for him); Flynn 1/19/18 302, at 9 (recalling the call from Priebus and an additional call from Hicks who said she wanted to relay on behalf of the President that the President hoped Flynn was okay); Christie 2/13/19 302, at 3 (describing a phone conversation between Kushner and Flynn the day after Flynn was fired where Kushner said, "You know the President respects you. The President cares about you. I'll get the President to send out a positive tweet about you later," and the President nodded his assent to Kushner's comment promising a tweet).Show full note

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¶In late November 2017, Flynn began to cooperate with this Office. On November 22, 2017, Flynn withdrew from a joint defense agreement he had with the President.⁸³³⁸³³ Counsel for Flynn 3/1/18 302, at 1. Flynn's counsel told the President's personal counsel and counsel for the White House that Flynn could no longer have confidential communications with the White House or the President.⁸³⁴⁸³⁴ Counsel for Flynn 3/1/18 302, at 1. Later that night, the President's personal counsel left a voicemail for Flynn's counsel that said:

I understand your situation, but let me see if I can't state it in starker terms. . . . [I]t wouldn't surprise me if you've gone on to make a deal with . . . the government. . . . [I]f . . . there's information that implicates the President, then we've got a national security issue, . . . so, you know, . . . we need some kind of heads up. Um, just for the sake of protecting all our interests if we can. . . . [R]emember what we've always said about the President and his feelings toward Flynn and, that still remains . . . .⁸³⁵⁸³⁵ 11/22/17 Voicemail Transcript, President's Personal Counsel to Counsel for Michael Flynn.

¶On November 23, 2017, Flynn's attorneys returned the call from the President's personal counsel to acknowledge receipt of the voicemail.⁸³⁶⁸³⁶ Counsel for Flynn 3/1/18 302, at 1. Flynn's attorneys reiterated that they were no longer in a position to share information under any sort of privilege.⁸³⁷⁸³⁷ Counsel for Flynn 3/1/18 302, at 1. According to Flynn's attorneys, the President's personal counsel was indignant and vocal in his disagreement.⁸³⁸⁸³⁸ Counsel for Flynn 3/1/18 302, at 1. The President's personal counsel said that he interpreted what they said to him as a reflection of Flynn's hostility towards the President and that he planned to inform his client of that interpretation.⁸³⁹⁸³⁹ Counsel for Flynn 3/1/18 302, at 2. Because of attorney-client privilege issues, we did not seek to interview the President's personal counsel about the extent to which he discussed his statements to Flynn's attorneys with the President. Flynn's attorneys understood that statement to be an attempt to make them reconsider their position because the President's personal counsel believed that Flynn would be disturbed to know that such a message would be conveyed to the President.⁸⁴⁰⁸⁴⁰ Counsel for Flynn 3/1/18 302, at 2.

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¶On December 1, 2017, Flynn pleaded guilty to making false statements pursuant to a cooperation agreement.⁸⁴¹⁸⁴¹ Information, United States v. Michael T. Flynn, 1:17-cr-232 (D.D.C. Dec. 1, 2017), Doc. 1; Plea Agreement, United States v. Michael T. Flynn, 1:17-cr-232 (D.D.C. Dec. 1, 2017), Doc. 3. The next day, the President told the press that he was not concerned about what Flynn might tell the Special Counsel.⁸⁴²⁸⁴² President Trump Remarks on Tax Reform and Michael Flynn's Guilty Plea, C-SPAN (Dec. 2, 2017). In response to a question about whether the President still stood behind Flynn, the President responded, "We'll see what happens."⁸⁴³⁸⁴³ President Trump Remarks on Tax Reform and Michael Flynn's Guilty Plea, C-SPAN (Dec. 2, 2017). Over the next several days, the President made public statements expressing sympathy for Flynn and indicating he had not been treated fairly.⁸⁴⁴⁸⁴⁴ See @realDonaldTrump 12/2/17 (9:06 p.m. ET) Tweet ("So General Flynn lies to the FBI and his life is destroyed, while Crooked Hillary Clinton, on that now famous FBI holiday 'interrogation' with no swearing in and no recording, lies many times . . . and nothing happens to her? Rigged system, or just a double standard?"); President Trump Departure Remarks, C-SPAN (Dec. 4, 2017) ("Well, I feel badly for General Flynn. I feel very badly. He's led a very strong life. And I feel very badly.").Show full note On December 15, 2017, the President responded to a press inquiry about whether he was considering a pardon for Flynn by saying, "I don't want to talk about pardons for Michael Flynn yet. We'll see what happens. Let's see. I can say this: When you look at what's gone on with the FBI and with the Justice Department, people are very, very angry."⁸⁴⁵⁸⁴⁵ President Trump White House Departure, C-SPAN (Dec. 15, 2017).