Contacts With and Through Michael T. Flynn

¶Incoming National Security Advisor Michael Flynn was the Transition Team 's primaiy conduit for communications with the Russian Ambassador and dealt with Russia on two sensitive matters during the transition period: a United Nations Security Council vote and the Russian government 's reaction to the United States's imposition of sanctions for Russian interference in the 2016 election.¹²⁰⁷¹²⁰⁷ As discussed fmther in Volume I, Section V.C.4, infra, Flynn pleaded guilty to making false statements to the FBI, in violation of 18 U.S.C. § 1001, about these communications with Ambassador Kislyak. Plea Agreement, United States v. Michael T. Fly nn, No. 1:l 7-cr-232 (D.D.C. Dec. 1, 2017), Doc. 3. Flynn's plea agreement required that he cooperate with this Office, and the statements from Flynn in this repo1t reflect his cooperation over the course of multiple debriefings in 2017 and 2018.Show full note Despite Kushner' s conclusion that Kislyak did not wield influence inside the Russian government, the Transition Team turned to Flynn's relationship with Kislyak on both issues. As to the san ctions, Flynn spoke by phone to K.T. McFai·land, his incoming deputy, to prepai·e for his call to Kislyak; McFai·land was with the President-Elect and other senior members of the Transition Team at Mar-a-Lago at the time. Although transition officials at Mai· a-Lago had some concern about possible Russian reactions to the sanctions, the investigation did not identify evidence that the President-Elect asked Flynn to make any request to Kislyak. Flynn asked Kislyak not to escalate th e situation in response to U.S . sanctions imposed on December 29, 2016, and Kislyak later repo1ied to Flynn that Russia acceded to that request.

United Nations Vote on Israeli Settlements

¶On December 21 , 2016, Egypt sub1nitted a resolution to the United Nations Security Council calling on Israel to cease settlement activities in Palestinian ten itoiy.¹²⁰⁸¹²⁰⁸ Karen DeYoung, How the US. Came to Abstain on a UN Resolution Condemning Israeli Settlements, Washington Post (Dec. 28, 2016). The Security Council, which includes Russia, was scheduled to vote on the resolution the following day.¹²⁰⁹¹²⁰⁹ Karen DeYoung, How the US. Came to Abstain on a UN Resolution Condemning Israeli Settlements, Washington Post (Dec. 28, 2016). There was speculation in the media that the Obama Administration would not oppose the resolution.¹²¹⁰¹²¹⁰ Michelle Nichols & Lesley Wroughton, US. Intended to Allow Passage ofUN Draft Critical ofIsrael, Reuters (Dec. 21, 2016).

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¶According to Flynn, the Transition Team regarded the vote as a significant issue and wanted to support Israel by opposing the resolution.¹²¹¹¹²¹¹ Flynn 11/16/17 302, at 12; Flynn 11/17/17 302, at 2. On December 22, 2016, multiple members of the Transition Team, as well as President-Elect Trump, communicated with foreign government officials to determine their views on the resolution and to rally support to delay the vote or defeat the resolution.¹²¹²¹²¹² Flynn 11/16/17 302, at 12-14; Flynn 11/17/17 302, at 2. Kushner led the effort for the Transition Team; Flynn was responsible for the Russian government.¹²¹³¹²¹³ Flynn 11/16/17 302, at 12-14; Flynn 11/17/17 302, at 2; Kushner 11/1/17 302, at 3; 12/22/16 Email, Kushner to Flynn; 12/22/16 Email, McFarland to [Redacted: (b) (6), (b) (7)(C)] et al. Minutes after an early morning phone call with Kushner on December 22, Flynn called Kislyak.¹²¹⁴¹²¹⁴ Flynn 11/16/17 302, at 13; Call Records of Michael T. Flynn [Redacted: (b) (3)] According to Flynn, he informed Kislyak about the vote and the Transition Team's opposition to the resolution, and requested that Russia vote against or delay the resolution.¹²¹⁵¹²¹⁵ Statement of Offense ¶ 3(d), United States v. Michael T. Flynn, No. 1:17-cr-232 (D.D.C. Dec. 1, 2017), Doc. 4 ("Flynn Statement of Offense"); Flynn 11/16/17 302, at 12-13. Later that day, President-Elect Trump spoke with Egyptian President Abdel Fattah al-Sisi about the vote.¹²¹⁶¹²¹⁶ Flynn 11/17/17 302, at 2; Flynn 11/16/17 302, at 13. Ultimately, Egypt postponed the vote.¹²¹⁷¹²¹⁷ U.N. Vote on Israeli Settlement Postponed, "Potentially Indefinitely", Reuters (Dec. 22, 2016).

¶On December 23, 2016, Malaysia, New Zealand, Senegal, and Venezuela resubmitted the resolution.¹²¹⁸¹²¹⁸ Somini Sengupta & Rick Gladstone, Rebuffing Israel, U.S. Allows Censure Over Settlements, New York Times (Dec. 23, 2016). Throughout the day, members of the Transition Team continued to talk with foreign leaders about the resolution, with Flynn continuing to lead the outreach with the Russian government through Kislyak.¹²¹⁹¹²¹⁹ Flynn 11/16/17 302, at 12-14; Kushner 11/1/17 302, at 3; 12/23/16 Email, Flynn to Kushner et al. When Flynn again spoke with Kislyak, Kislyak informed Flynn that if the resolution came to a vote, Russia would not vote against it.¹²²⁰¹²²⁰ Flynn Statement of Offense ¶ 3(g). The resolution later passed 14-0, with the United States abstaining.¹²²¹¹²²¹ Israel's Settlements Have No Legal Validity, Constitute Flagrant Violation of International Law, Security Council Reaffirms, 7853rd Meeting (PM), United Nations Security Council (Dec. 23, 2016).

U.S. Sanctions Against Russia

¶Flynn was also the Transition Team member who spoke with the Russian government when the Obama Administration imposed sanctions and other measures against Russia in response to Russia's interference in the 2016 presidential election. On December 28, 2016, then-President Obama signed Executive Order 13757, which took effect at 12:01 a.m. the following day and imposed sanctions on nine Russian individuals and entities.¹²²²¹²²² Taking Additional Steps to Address the National Emergency With Respect to Signifzcant Malicious Cyber-Enabled Activities, The White House, Office of the Press Secreta1y (Dec. 29, 201 6). On December 29, 201 6, the Obama Administration also expelled 35 Russian government officials and closed two Russian government-owned compounds in the United States.¹²²³¹²²³ Statement by the President on Actions in Response to Russian Malicious Cyber Activity and Harassment, The White House, Office of the Press Secreta1y (Dec. 29, 2016).

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¶During the rollout of the sanctions, President-Elect Trnmp and multiple Transition Team senior officials, including McFarland, Steve Bannon, and Reince Priebus, were staying at the Mar-a-Lago club in Palm Beach, Florida. Flynn was on vacation in the Dominican Republic,¹²²⁴¹²²⁴ Flynn 11/ 16/ 17 302, at 14 ; McFarland 12/22/ 17 302, at 3-8; Bannon 2/ 12/ 18 302, at 5. but was in daily contact with McFarland.1225

¶The Transition Team and President-Elect Tnunp were concerned that these sanctions would hann the United States's relationship with Russia.¹²²⁶¹²²⁶ Flynn 11/ 17/ 17 302, at 3. Although the details and timing of sanctions were unknown on December 28, 201 6, the media began reporting that retaliato1y measures from the Obama Administration against Russia were foii hcoming .1227 When asked about imposing sanctions on Russia for its alleged interference in the 201 6 presidential election, President-Elect Trnmp told the media, "I think we ought to get on with our lives."¹²²⁸¹²²⁸ John Wagner, Trump on alleged election interference by Russia: "Get on with our lives", Washington Post (Dec. 29, 2016).

¶Russia initiated the outreach to the Transition Team . On the evening of December 28, 201 6, Kislyak texted Flynn, "can you kindly call me back at your convenience."¹²²⁹¹²²⁹ SF000006 (12/28/16 Text Message, Kislyak to Flynn). 123 °Call Records of Michael T. Flynn [Redacted: (b) (3)] Flynn did not respond to the text message that evening . Someone from the Russian Embassy also called Flynn the next morning, at 10:3 8 a.m. , but they did not talk.1230

¶The sanctions were announced publicly on December 29, 201 6.1231 At 1:53 p.m. that day, McFarland began exchanging emails with multiple Transition Team members and advisors about the impact the sanctions would have on the incoming Administration. 1232 At 2:07 p.m ., a Transition Team member texted Flynn a link to a New York Times aii icle about the sanctions.¹²³³¹²³³ SF00000l (12/29/16 Text Message, Flahe1ty to Flynn). At 2:29

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¶U.S . Department of Justice p.m., McFarland called Flynn, but they did not talk. 1234 Sho1ily th ereafter, McFarland an d Bannon discussed the san ctions. 1235 According to McFarland, Bannon remarked that the sanctions would hmi their ability to have good relations with Russia, and that Russian escalation would make things more difficult. 1236 McFarland believed she told Bannon that Flynn was scheduled to talk to Kislyak later that night.¹²³⁷¹²³⁷ McFarland 12/22/17 302, at 6. McFarland also believed she may have discussed the sanctions with Priebus, and likewise told him that Flynn was scheduled to talk to Kislyak that night. 1238 At 3:14 p.m., Flynn texted a Transition Team member who was assisting McFarland, "Time for a call???"1239 The Transition Team member responded that McFarlan d was on the phone with Tom Bosseli, a Transition Team senior official, to which Flynn responded, "Tit for tat w Russia not good. Russian AMBO reaching out to me today." 1240

¶Flynn recalled th at he chose not to communicate with Kislyak about the sanctions until he had heard from the team at Mar-a-Lago. 1241 He first spoke with Michael Ledeen, 1242 a Transition Team member who advised on foreign policy and national security matters, for 20 minutes. 1243 Flynn then spoke with McFarlan d for almost 20 minutes to discuss what, if anything, to communicate to Kislyak about the san ctions. 1244 On th at call, McFarlan d and Flynn discussed the sanctions, including th eir potential impact on the incoming Trump Administration 's foreign policy goals. 1245 McFarlan d and Flynn also discussed that Transition Team members in Mar-a-Lago did not want Russia to escalate the situation.¹²⁴⁶¹²⁴⁶ Flynn 11/ 17/ 17 302, at 3-4; Flynn Statement of Offense ,r 3(c); McFarland 12/22/ 17 302, at 6- 7. They both understood that Flynn would relay a message to Kislyak in hopes of making sure the situation would not get out of hand. 1247

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¶Immediately after speaking with McFarland, Flynn called and spoke with Kislyak.¹²⁴⁸¹²⁴⁸ Flynn Statement of Offense ¶ 3(d). Flynn discussed multiple topics with Kislyak, including the sanctions, scheduling a video teleconference between President-Elect Trump and Putin, an upcoming terrorism conference, and Russia's views about the Middle East.¹²⁴⁹¹²⁴⁹ Flynn 11/17/17 302, at 3-4; Flynn Statement of Offense ¶ 3(c); 12/30/16 Email, Flynn to McFarland. With respect to the sanctions, Flynn requested that Russia not escalate the situation, not get into a "tit for tat," and only respond to the sanctions in a reciprocal manner.¹²⁵⁰¹²⁵⁰ Flynn 11/17/17 302, at 1; Flynn Statement of Offense ¶ 3(d).

¶Multiple Transition Team members were aware that Flynn was speaking with Kislyak that day. In addition to her conversations with Bannon and Reince Priebus, at 4:43 p.m., McFarland sent an email to Transition Team members about the sanctions, informing the group that "Gen [F]lynn is talking to russian ambassador this evening."¹²⁵¹¹²⁵¹ 12/29/16 Email, McFarland to Flynn et al. Less than an hour later, McFarland briefed President-Elect Trump. Bannon, Priebus, Sean Spicer, and other Transition Team members were present.¹²⁵²¹²⁵² 12/29/16 Email, Westerhout to Flaherty; McFarland 12/22/17 302, at 7. During the briefing, President-Elect Trump asked McFarland if the Russians did "it," meaning the intrusions intended to influence the presidential election.¹²⁵³¹²⁵³ McFarland 12/22/17 302, at 7. McFarland said yes, and President-Elect Trump expressed doubt that it was the Russians.¹²⁵⁴¹²⁵⁴ McFarland 12/22/17 302, at 7. McFarland also discussed potential Russian responses to the sanctions, and said Russia's response would be an indicator of what the Russians wanted going forward.¹²⁵⁵¹²⁵⁵ McFarland 12/22/17 302, at 7. President-Elect Trump opined that the sanctions provided him with leverage to use with the Russians.¹²⁵⁶¹²⁵⁶ McFarland 12/22/17 302, at 7. McFarland recalled that at the end of the meeting, someone may have mentioned to President-Elect Trump that Flynn was speaking to the Russian ambassador that evening.¹²⁵⁷¹²⁵⁷ McFarland 12/22/17 302, at 7.

¶After the briefing, Flynn and McFarland spoke over the phone.¹²⁵⁸¹²⁵⁸ McFarland 12/22/17 302, at 7. Flynn reported on the substance of his call with Kislyak, including their discussion of the sanctions.¹²⁵⁹¹²⁵⁹ Flynn 11/17/17 302, at 4; Flynn Statement of Offense ¶ 3(e). According to McFarland, Flynn mentioned that the Russian response to the sanctions was not going to be escalatory because they wanted a good relationship with the incoming Administration.¹²⁶⁰¹²⁶⁰ McFarland 12/22/17 302, at 8. McFarland also gave Flynn a summary of her recent briefing with President-Elect Trump.¹²⁶¹¹²⁶¹ McFarland 12/22/17 302, at 8.

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¶The next day, December 30, 2016, Russian Foreign Minister Sergey Lavrov remarked th at Russia would respond in kind to the sanctions.1262 Putin superseded that comment two hours later, releasing a statement that Russia would not take retaliato1y measures in response to the sanctions at that time. 1263 Hours later President-Elect Trnmp tweeted, "Great move on delay (by V. Putin)." 1264 Sho1ily th ereafter, Flynn sent a text message to McFarland summarizing his call with Kislyak from the day before, which she emailed to Kushner, Bannon, Priebus, and other Transition Team members.1265 The text message and email did not include sanctions as one of the topics discussed with Kislyak. 1266 Flynn told the Office that he did not document his discussion of sanctions because it could be perceived as getting in the way of the Obama Administration 's foreign policy.1267

¶On December 31, 2016, Kislyak called Flynn an d told him the request had been received at the highest levels and that Russia had chosen not to retaliate to the sanctions in response to the request. 1268 Two hours later, Flynn spoke with McFarland and relayed his conversation with Kislyak. 1269 According to McFarland, Flynn remarked that the Russians wanted a better relationship and th at th e relationship was back on track. 127 Flynn also told McFarlan d that he believed his phone call had made a difference.¹²⁷¹¹²⁷¹ McFarland 12/22/17 302, at 10. McFarlan d recalled congratulating Flynn in response. 1272 Flynn spoke with other Transition Team members that day, but does not recall whether they discussed the sanctions.1273 Flynn recalled discussing the sanctions with Bannon the next day and that Bannon appeared to know about Flynn's conversation with Kislyak.1274 Bannon, for his part, recalled meeting with Flynn that day, but said that he did not remember discussing sanctions with him.¹²⁷⁵¹²⁷⁵ Bannon 2/12/18 302, at 9.

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¶Additional information about Flynn's sanctions-related discussions with Kislyak, and the handling of those discussions by the Transition Team and the Trump Administration, is provided in Volume II of this report.

¶In sum, the investigation established multiple links between Trump Campaign officials and individuals tied to the Russian government. Those links included Russian offers of assistance to the Campaign. In some instances, the Campaign was receptive to the offer, while in other instances the Campaign officials shied away. Ultimately, the investigation did not establish that the Campaign coordinated or conspired with the Russian government in its election-interference activities.

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