Simone Lawson
Michael Flynn, former National Security Advisor to President Donald Trump, has been at the centre of a political scandal involving secret communications with Russian officials and allegations of private diplomacy. In 2017, Flynn resigned from his position as National Security Advisor after it was revealed that he had misled Vice President Mike Pence and other officials about his conversations with Russian Ambassador Sergei Kislyak. This incident raised concerns about the legality of Flynn's actions, as private citizens conducting US diplomacy is illegal, and prompted further investigations into his ties with Russia. The case has seen ongoing legal battles, with Flynn's attorneys accusing prosecutors of misconduct and entrapment, while others have questioned the legitimacy of the FBI's investigation. The controversy surrounding Flynn has also implicated President Trump, sparking debates about his administration's transparency and potential connections to Russia.
| Characteristics | Values |
|---|---|
| Name | Michael Flynn |
| Position | National Security Advisor |
| Appointed by | President Donald Trump |
| Controversy | Misled officials about his call with Russia's ambassador |
| Nature of Misleading | Incomplete information regarding phone calls with the Russian ambassador |
| Result | Resigned from his position |
| Further Controversy | Secretly communicating with Russian officials while Russia was attacking US democracy |
| FBI Investigation | Found that Flynn lied about the conversation with the Russian ambassador |
| FBI Conclusion | Flynn's relaxed behaviour indicated commitment to his lies |
| Court Proceedings | Flynn's attorneys accused prosecutors of withholding beneficial information and attempting to smear him as a Russian agent |
| Court Outcome | Judge Emmet G. Sullivan rejected assertions of FBI entrapment and set a sentencing date |
| Attorney General Review | William Barr chose Jeffrey Jensen to review the case, who recommended dropping the charges |
| Department of Justice (DOJ) Action | Filed a Motion to Dismiss the criminal information against Flynn |
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What You'll Learn
Michael Flynn's secret communications with the Russian ambassador
Michael Flynn, a retired United States Army lieutenant general, was the 24th US national security advisor. He served for the first 22 days of the Trump administration. Flynn resigned from his position as national security advisor after reports emerged that he had lied about conversations with Sergey Kislyak, the Russian ambassador to the US.
Flynn's history with Kislyak dated back to 2013 when they first met and Kislyak coordinated Flynn's trip to Moscow for his work with the Defense Intelligence Agency. In 2016, Flynn joined a meeting between Trump's son-in-law and advisor Jared Kushner and Kislyak at Trump Tower. US intelligence agencies intercepted Kislyak's report to Russian officials about the meeting. Kislyak wanted Russian generals to discuss American policy in Syria with the Trump transition team on a secure channel. Flynn and Kislyak then spoke by phone several times in late December 2016 and January 2017.
In 2020, transcripts of calls between Flynn and Kislyak were publicly released by Trump's new director of national intelligence, John Ratcliffe. The transcripts revealed that Flynn had discussed sanctions with Kislyak and had urged him to refrain from escalating the situation in response to sanctions imposed by the Obama administration. This contradicted what Flynn had told the FBI in an interview in January 2017, where he denied having discussed sanctions with Kislyak.
Flynn pleaded guilty in December 2017 to "willfully and knowingly" making "false, fictitious and fraudulent statements" to the FBI about his conversations with Kislyak. However, in 2018, Flynn replaced his legal team and asked for his charge to be dismissed. The Justice Department also moved to drop its case against Flynn, arguing that the FBI did not have grounds to investigate him in the first place. Despite this, the case has not been dismissed as of 2020, with the judge asking for legal arguments on why the case should not be dismissed.
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Flynn's suitability for the role of National Security Advisor
Michael Thomas Flynn, a retired United States Army lieutenant general, served as the 24th US National Security Advisor for the first 22 days of the Trump administration. Flynn's military career included a key role in shaping US counterterrorism strategy and dismantling insurgent networks in the Afghanistan and Iraq Wars. He was also given numerous combat arms, conventional, and special operations senior intelligence assignments.
Flynn's brief tenure as National Security Advisor was marked by controversy and concerns about his conduct. He was accused of discussing lifting US sanctions on Russia with Kislyak before Trump took office, which was a breach of government protocols. Additionally, he was found to have lied to the US vice president about these conversations. These actions led to his resignation and raised questions about his suitability for the role.
Flynn's dealings with Russia and Turkey also came under scrutiny. He had a history of close relations with Russia, including meetings with Russian Ambassador Sergey Kislyak and Russian President Vladimir Putin. His conversations with Kislyak were intercepted by American intelligence, and he was investigated for secret lobbying work for Turkey during the campaign. These incidents further called into question his suitability for a role that required overseeing sensitive national security matters.
In summary, while Flynn had a notable military career and served as a national security advisor during Trump's campaign, his brief tenure as the official National Security Advisor was marred by controversies surrounding his dealings with Russia and Turkey, as well as his lack of transparency with Vice President Pence and other officials. His actions led to concerns about his suitability for such a critical and sensitive role, ultimately resulting in his resignation.
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FBI entrapment and prosecutorial malfeasance
In August 2019, Michael Flynn's attorneys filed a motion to hold prosecutors in contempt for "malevolent conduct", accusing them of withholding material evidence that would have benefited his case and caused him to plead guilty. They also alleged that parts of the federal government had attempted to "smear" him as a Russian agent. In October 2019, Flynn's lawyers further alleged in court filings that "high-ranking FBI officials orchestrated an ambush interview ... not for the purpose of discovering any evidence of criminal activity ... but for the purpose of trapping him into making statements they could allege as false."
In response to these claims, Judge Emmet G. Sullivan ordered documents related to the interview to be provided to him before Flynn's December 18, 2018 sentencing. On December 16, 2019, after reviewing the documents, Sullivan rejected the assertions of FBI entrapment and prosecutorial malfeasance, setting Flynn's sentencing date for January 28, 2020.
Flynn's lawyers have continued to claim that the FBI engaged in entrapment and prosecutorial misconduct, and in February 2020, Attorney General William Barr announced a review of Flynn's case. The review resulted in the Department of Justice (DOJ) filing a Motion to Dismiss the criminal information against Flynn, stating that Flynn's questioning "was untethered to, and unjustified by, the FBI's counterintelligence investigation". However, it is important to note that former prosecutors have stated that the documents released by Flynn's lawyers do not exonerate him of the allegations that he lied to the FBI about his Russian contacts.
The case of United States v. Flynn has brought to light several issues regarding the conduct of the FBI and the prosecution. Flynn's attorneys have accused the prosecution of withholding evidence and have sought to portray Flynn as a victim of a conspiracy. On the other hand, the prosecution has argued that Flynn's false statements to the FBI, even if anticipated, are still criminal and that the FBI had no legal obligation to remind Flynn of the consequences of lying to them. The case has also led to discussions about the need for stronger protections against federal law enforcement malfeasance and potential reforms to the Foreign Intelligence Surveillance Act (FISA) system.
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Flynn's attorneys' accusations of malevolent conduct
In August 2019, Flynn's attorneys filed a motion to hold prosecutors in contempt for "malevolent conduct", accusing them of withholding material beneficial to his case to coerce him into pleading guilty. They alleged that parts of the federal government had attempted to "smear" Flynn as a Russian agent or a victim of criminal leaks related to classified intercepts of his calls with Sergey Kislyak, Russia's ambassador to the US.
Flynn's lawyers further alleged that high-ranking FBI officials had orchestrated an "ambush interview" to trap him into making statements that could be alleged as false. However, in December 2019, Judge Sullivan rejected the assertions of FBI entrapment and prosecutorial misconduct, setting Flynn's sentencing date for January 2020. Sullivan expressed skepticism about the suggestion in Flynn's sentencing memo that the FBI had misled him, indicating that it created an appearance of Flynn wanting to benefit from a plea deal while also claiming entrapment.
Flynn's case was later reviewed by Attorney General William Barr, who chose to drop the charges against him in May 2020. The Department of Justice (DOJ) filed a Motion to Dismiss the criminal information against Flynn, stating that his questioning was "untethered to, and unjustified by, the FBI's counterintelligence investigation."
In addition to the legal proceedings, Flynn has also been involved in defamation claims against Rick Wilson, co-founder of the Lincoln Project. Flynn's attempts to reinstate his defamation claim were rejected by the Florida Supreme Court. The court ruled that Wilson's comments were protected by the First Amendment and cited the importance of uninhibited debate on public issues.
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The constitutional implications of the DOJ's brief
The Department of Justice's (DOJ) brief on the Michael Flynn case has significant constitutional implications, particularly regarding the conduct of diplomacy and national security. Flynn, a former national security advisor to then-President Trump, was at the center of a controversy involving his contacts with Russian ambassador Sergei Kislyak. The case raises important questions about the role of the FBI, the boundaries of executive power, and the potential influence of foreign actors on US elections.
Firstly, the DOJ brief's characterization of Flynn's conduct as "unobjectionable" is concerning. Flynn had pleaded guilty to willfully and knowingly making false statements to the FBI about his communications with Kislyak. However, the DOJ's decision to dismiss the charges against him suggests an alarming disregard for the seriousness of his actions. This sets a problematic precedent, indicating that similar conduct by government officials in the future may be condoned or overlooked.
Secondly, the case highlights the delicate balance between national security and individual rights. While Flynn's attorneys argued that he was the victim of an "ambush interview" and that his rights were violated, prosecutors maintained that the FBI's actions were justified given the counterintelligence concerns. This tension between national security interests and the protection of individual liberties is a recurring theme in constitutional law, and the handling of the Flynn case could have implications for how similar situations are approached in the future.
Thirdly, the Flynn case underscores the importance of transparency and accountability in diplomatic dealings. The secret nature of Flynn's communications with the Russian ambassador, conducted without the knowledge of the State Department, raises concerns about private diplomacy. It also brings into question the integrity of the electoral process, given Russia's interference in the 2016 US presidential election. The DOJ's dismissal of the charges against Flynn could be seen as condoning such clandestine activities, potentially undermining the public's trust in the government's conduct of foreign affairs.
Lastly, the case has implications for the independence and integrity of the DOJ itself. The decision to drop the charges against Flynn came after public calls from President Trump to do so, raising questions about political interference in the justice system. This perceived influence on the DOJ's decision-making could erode public trust in the department's ability to act impartially and uphold the rule of law, independent of political pressure.
In conclusion, the constitutional implications of the DOJ brief in the Michael Flynn case are far-reaching. They involve issues of executive power, national security, transparency in diplomacy, and the independence of the justice system. The handling of this case has set precedents and raised questions that will continue to shape US constitutional law and the conduct of diplomacy in the years to come.
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Frequently asked questions
Yes, Michael Flynn conducted diplomacy as the National Security Advisor to President Trump during his 2016 presidential campaign.
Yes, Michael Flynn had ties to Russia and was in communication with the Russian ambassador, Sergei Kislyak. He misled officials about his calls with the ambassador and was said to be possibly open to blackmail by the Russians.
Michael Flynn resigned from his position as National Security Advisor on February 13, 2017, after information surfaced that he had misled Vice President Mike Pence and others about his communications with the Russian ambassador. He also pleaded guilty to a felony count of "willfully and knowingly" making false statements to the FBI about these communications.
In February 2020, Attorney General William Barr announced a review of Flynn's case. On May 7, 2020, the Department of Justice filed a motion to dismiss the criminal information against Flynn, stating that the FBI's investigation was "untethered" and "unjustified." The charges against Flynn were dropped.
The decision to dismiss the charges against Michael Flynn was controversial. Some people, including Congressional Democrats, raised concerns about his contacts with Russia and the potential involvement of President Trump's campaign. There were also allegations of misconduct by the FBI and DOJ during the investigation.
