Retired Lt. Gen. Michael Flynn, President Donald Trump’s national security adviser, is facing allegations that in December he violated the Logan Act by discussing with Russian’s U.S. ambassador the lifting of U.S. economic sanctions against the country — that is, that he was potentially sabotaging Obama administration policy while Barack Obama was still president. The Logan Act forbids unauthorized citizens from negotiating with foreign governments.
Flynn — whose long-standing, close ties with Russia are unusual for a career U.S. soldier — for more than a month repeatedly denied that he had talked about the sanctions during multiple December phone calls with the ambassador, and the Russian government said the same. In January, shortly after questions about the calls first came up in the press, Vice President Mike Pence backed Flynn’s account, insisting the general and the ambassador were merely exchanging Christmas wishes. Said Pence: “It was strictly coincidental that they had a conversation” the day after the Obama administration imposed sanctions on Russia for meddling in the U.S. election. “They did not discuss anything having to do with the United States’ decision to expel diplomats or impose censure against Russia.”
Meanwhile, nine U.S. intelligence officials have told The Washington Post that Flynn did in fact talk about the sanctions with the Russian ambassador.
Sounds like just another dead-end “he said/he said” controversy that will be forgotten when the next presidential tweet distracts reporters, right?
Except for this: Flynn’s conversations with the Russian ambassador were recorded by the U.S., which is common practice. The FBI is investigating the calls and has reportedly interviewed Flynn about them.
“It’s a real scandal,” Mother Jones political editor David Corn told Britain’s The Independent. “The national security adviser has been both dishonest and dumb. He was discussing things with the Russians without realizing that such calls are under surveillance.”
With the FBI investigation picking up steam, Flynn has suddenly changed his tune. Last week he put out a statement claiming that “while he had no recollection of discussing sanctions, he couldn’t be certain that the topic never came up.”
The news site Vox points out that this raises very big questions: “Did Flynn lie to Pence about [discussing] sanctions, or did Pence knowingly lie to the American public? And did Flynn lie to FBI investigators, too?”
If the answer to the first question is yes, he might be fired or have to resign. If the answer to the second question is yes, he could be prosecuted. It is a crime to lie to federal agents. (Just ask Martha Stewart.)
Working in Flynn’s favor: He was an early, very strong Trump supporter last year, and those who know the president say he prizes personal loyalty to him above almost all else. Furthermore, the FBI by some accounts has a powerful pro-Trump contingent that is loathe to undermine the new administration. An FBI agent told The Guardian newspaper that the bureau is “Trumpland.”
So far, The Washington Post’s reporting indicates that while the FBI’s investigation is ongoing, the bureau is downplaying the possible fallout. “Officials said this week that the FBI is continuing to examine Flynn’s communications with [the ambassador],” the Post wrote on Feb. 9. “Several officials emphasized that while sanctions were discussed, they did not see evidence that Flynn had an intent to convey an explicit promise to take action after the inauguration.”
Flynn might now be feeling somewhat isolated at the office anyway. Administration officials, after loudly backing the national security adviser for weeks, have begun avoiding making any comment on the brewing scandal. “Their silence,” reported the Associated Press, “appeared to reflect some uncertainty about the views of the president, who is known to quickly change his mind.”
— Douglas Perry
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