President Donald Trump’s former national security adviser provided so much information to the special counsel’s Russia investigation that prosecutors say he shouldn’t do any prison time, according to a court filing Tuesday that describes Michael Flynn’s cooperation as “substantial.”
The filing by special counsel Robert Mueller provides the first details of Flynn’s assistance in the Russia investigation, including that he participated in 19 interviews with prosecutors and cooperated extensively in a separate and undisclosed criminal probe.
It was filed two weeks ahead of Flynn’s sentencing and just over a year after he became the first of five Trump associates to accept responsibility by pleading guilty to lying to the FBI about conversations with the Russian ambassador.
Though prosecutors withheld specific details of Flynn’s cooperation because of ongoing investigations, their filing nonetheless underscores the breadth of information Mueller has obtained from people close to Trump as the president increasingly vents his anger at the probe — and those who cooperate with it.
This week, Trump lashed out at his former legal fixer, Michael Cohen, saying he is making up “stories” to get a reduced prison sentence after his latest guilty plea to lying to Congress. Trump also praised longtime confidante Roger Stone for saying he would “never testify against Trump,” adding in his tweet, “Nice to know some people still have ‘guts!’”
It’s unclear if Trump will now turn his fury on Flynn, whom Trump grew close to during the 2016 campaign and who has drawn the president’s sympathy since he came under investigation.
Trump has repeatedly lamented how Flynn’s life has been destroyed by the special counsel’s probe. At one point, he tried to protect Flynn by asking former FBI Director James Comey to drop an investigation into his alleged false statements, according to a memo Comey wrote after the February 2017 encounter.
That episode, which Trump has denied, is among those under scrutiny by Mueller as he probes whether the president attempted to obstruct the Russia investigation.
Federal sentencing guidelines recommend between zero and six months in prison for Flynn, leaving open the possibility of probation.
Mueller’s office said Flynn’s cooperation merits a sentence at the bottom end of that range. But prosecutors also say the long military and government service that sets him apart from all other defendants in the investigation makes his deception even more troublesome.
“Senior government leaders should be held to the highest standards,” they wrote. “The defendant’s extensive government service should have made him particularly aware of the harm caused by providing false information to the government, as well as the rules governing work performed on behalf of a foreign government.”
Flynn’s case has stood apart from those of other Trump associates, who have aggressively criticized the investigation, sought to undermine it and, in some cases, been accused of lying even after agreeing to cooperate.
Trump’s former campaign chairman, Paul Manafort, stands accused of repeatedly lying to investigators since his guilty plea last September. Another Trump campaign aide, George Papadopoulos, is serving a 14-day prison sentence and, though he pleaded guilty to the same crime as Flynn, was denied probation because prosecutors said his cooperation is lacking.
But Flynn has largely remained out of the public eye, appearing only a handful of times in media interviews or campaign events, and dutifully avoided criticizing the Mueller probe despite widespread encouragement from his supporters to go on the offensive. He has instead spent considerable time with his family and worked to position himself for a post-conviction career.
Flynn’s false statements stemmed from a Jan. 24, 2017, interview with the FBI about his and others’ interactions with Sergey Kislyak, Russia’s then-ambassador to the U.S., as the Obama administration was levying sanctions on the Kremlin in response to election interference.
In Tuesday’s filing, Mueller’s office blamed Flynn for other senior Trump transition officials making misleading public statements about his contacts with Russia, an assertion that matches the White House’s explanation of Flynn’s firing.
“Several senior members of the transition team publicly repeated false information conveyed to them by the defendant about communications between him and the Russian ambassador regarding the sanctions,” the filing said.
As part of his plea deal, Flynn said members of Trump’s inner circle, including his son-in-law and White House aide Jared Kushner, were involved in — and at times directing — his actions in the weeks before Trump took office.
According to court papers, in mid-December 2016, Kushner directed Flynn to reach out to several countries, including Russia, about a U.N. Security Council resolution regarding Israeli settlements. During those conversations with Kislyak, Flynn asked Russia to delay or vote against the resolution, a request the Kremlin ultimately rejected.
Flynn also admitted that later in December 2016 he asked Kislyak not to retaliate in response to the Obama administration sanctions, something he initially told FBI agents he didn’t do. Flynn made the request after discussing it with deputy national security adviser K.T. McFarland, who was at Trump’s Mar-a-Lago resort, and being told that Trump’s transition team did not want Russia to escalate the situation.
Flynn was forced to resign his post on Feb. 13, 2017, after news reports revealed that Obama administration officials had warned the Trump White House about Flynn’s false statements. The White House has said Flynn misled officials— including Vice President Mike Pence — about the content of his conversations.
Flynn also admitted to making false statements about unregistered foreign agent work he performed for the benefit of the Turkish government. Flynn was under investigation by the Justice Department for the work when he became national security adviser.
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