Flynn's Resignation

¶On February 2, 2017, Eisenberg reviewed the underlying information relating to Flynn's calls with Kislyak.¹⁸⁹¹⁸⁹ Eisenberg 11/29/17 302, at 5; FBI 2/7/17 Electronic Communication, at 1 (documenting 2/2/17 meeting with Eisenberg). Eisenberg recalled that he prepared a memorandum about criminal statutes that could apply to Flynn's conduct, but he did not believe the White House had enough information to make a definitive recommendation to the President.¹⁹⁰¹⁹⁰ Eisenberg 11/29/17 302, at 6. Eisenberg and McGahn discussed that Eisenberg's review of the underlying information confirmed his preliminary conclusion that Flynn was unlikely to be prosecuted for violating the Logan Act.¹⁹¹¹⁹¹ Eisenberg 11/29/17 302, at 9; SCR015_000200 (2/15/17 Draft Memorandum to file from the Office of the Counsel to the President). Because White House officials were uncertain what Flynn had told the FBI, however, they could not assess his exposure to prosecution for violating 18 U.S.C. § 1001.¹⁹²¹⁹² Eisenberg 11/29/17 302, at 9.

¶The week of February 6, Flynn had a one-on-one conversation with the President in the Oval Office about the negative media coverage of his contacts with Kislyak.¹⁹³¹⁹³ Flynn 11/21/17 302, at 2. Flynn recalled that the President was upset and asked him for information on the conversations.¹⁹⁴¹⁹⁴ Flynn 11/21/17 302, at 2. Flynn listed the specific dates on which he remembered speaking with Kislyak, but the President corrected one of the dates he listed.¹⁹⁵¹⁹⁵ Flynn 11/21/17 302, at 2. The President asked Flynn what he and Kislyak discussed and Flynn responded that he might have talked about sanctions.¹⁹⁶¹⁹⁶ Flynn 11/21/17 302, at 2-3.

¶On February 9, 2017, the Washington Post reported that Flynn discussed sanctions with Kislyak the month before the President took office.¹⁹⁷¹⁹⁷ Greg Miller et al., National security adviser Flynn discussed sanctions with Russian ambassador, despite denials, officials say, Washington Post (Feb. 9, 2017). After the publication of that story, Vice President Pence learned of the Department of Justice's notification to the White House about the content of Flynn's calls.¹⁹⁸¹⁹⁸ SCR015_000202 (2/15/17 Draft Memorandum to file from the Office of the Counsel to the President); McGahn 11/30/17 302, at 12. He and other advisors then sought access to and reviewed the underlying information about Flynn's contacts with Kislyak.¹⁹⁹¹⁹⁹ SCR015_000202 (2/15/17 Draft Memorandum to file from the Office of the Counsel to the President); McCabe 8/17/17 302, at 11-13; Priebus 10/13/17 302, at 10; McGahn 11/30/17 302, at 12. FBI Deputy Director Andrew McCabe, who provided the White House officials access to the information and was present when they reviewed it, recalled the officials asking him whether Flynn's conduct violated the Logan Act.²⁰⁰²⁰⁰ McCabe 8/17/17 302, at 13. McCabe responded that he did not know, but the FBI was investigating the matter because it was a possibility.²⁰¹²⁰¹ McCabe 8/17/17 302, at 13. Based on the evidence of Flynn's contacts with Kislyak, McGahn and Priebus concluded that Flynn could not have forgotten the details of the discussions of sanctions and had instead been lying about what he discussed with Kislyak.²⁰²²⁰² McGahn 11/30/17 302, at 12; Priebus 1/18/18 302, at 8; Priebus 10/13/17 302, at 10; SCR015_000202 (2/15/17 Draft Memorandum to file from the Office of the Counsel to the President). Flynn had also told White House officials that the FBI had told him that the FBI was closing out its investigation of him,²⁰³²⁰³ McGahn 11/30/17 302, at 11; Eisenberg 11/29/17 302, at 9; Priebus 10/13/17 302, at 11. but Eisenberg did not believe him.²⁰⁴²⁰⁴ Eisenberg 11/29/17 302, at 9. After reviewing the materials and speaking with Flynn, McGahn and Priebus concluded that Flynn should be terminated and recommended that course of action to the President.²⁰⁵²⁰⁵ SCR015_000202 (2/15/17 Draft Memorandum to file from the Office of the Counsel to the President); Priebus 10/13/17 302, at 10; McGahn 11/30/17 302, at 12.

¶That weekend, Flynn accompanied the President to Mar-a-Lago.²⁰⁶²⁰⁶ Flynn 11/17/17 302, at 8. Flynn recalled that on February 12, 2017, on the return flight to D.C. on Air Force One, the President asked him whether he had lied to the Vice President.²⁰⁷²⁰⁷ Flynn 1/19/18 302, at 9; Flynn 11/17/17 302, at 8. Flynn responded that he may have forgotten details of his calls, but he did not think he lied.²⁰⁸²⁰⁸ Flynn 11/17/17 302, at 8; Flynn 1/19/18 302, at 9. The President responded, "Okay. That's fine. I got it."²⁰⁹²⁰⁹ Flynn 1/19/18 302, at 9.

¶On February 13, 2017, Priebus told Flynn he had to resign.²¹⁰²¹⁰ Priebus 1/18/18 302, at 9. Flynn said he wanted to say goodbye to the President, so Priebus brought him to the Oval Office.²¹¹²¹¹ Priebus 1/18/18 302, at 9; Flynn 11/17/17 302, at 10. Priebus recalled that the President hugged Flynn, shook his hand, and said, "We'll give you a good recommendation. You're a good guy. We'll take care of you."²¹²²¹² Priebus 1/18/18 302, at 9; Flynn 11/17/17 302, at 10.

¶Talking points on the resignation prepared by the White House Counsel's Office and distributed to the White House communications team stated that McGahn had advised the President that Flynn was unlikely to be prosecuted, and the President had determined that the issue with Flynn was one of trust.²¹³²¹³ SCR004_00600 (2/16/17 Email, Burnham to Donaldson). Spicer told the press the next day that Flynn was forced to resign "not based on a legal issue, but based on a trust issue, [where] a level of trust between the President and General Flynn had eroded to the point where [the President] felt he had to make a change."²¹⁴²¹⁴ Sean Spicer, White House Daily Briefing, C-SPAN (Feb. 14, 2017). After Flynn pleaded guilty to violating 18 U.S.C. § 1001 in December 2017, the President tweeted, "I had to fire General Flynn because he lied to the Vice President and the FBI." @realDonaldTrump 12/2/17 (12:14 p.m. ET) Tweet. The next day, the President's personal counsel told the press that he had drafted the tweet. Maegan Vazquez et al., Trump's lawyer says he was behind President's tweet about firing Flynn, CNN (Dec. 3, 2017).Show full note