Did Michael Flynn Really Break Any Laws?

Michael Flynn, former National Security Advisor to President Trump, has been accused of breaking the law in two ways. Firstly, by having discussions with the Russian ambassador before Trump took office, he may have violated the Logan Act, which makes it a crime for private citizens to communicate with a foreign government to influence their actions. Secondly, he may have made false statements by telling Vice President Pence that his discussions with the Russian ambassador did not involve sanctions. Flynn resigned from his position, with Trump citing the reason as misleading Vice President Pence rather than the conversations themselves.

Did Flynn violate the Logan Act?

The Logan Act is a United States federal law that criminalises the negotiation of a dispute between the United States and a foreign government by an unauthorised American citizen. The Act was passed in 1799 following George Logan's unauthorised negotiations with France in 1798. The Act was signed into law by President John Adams on January 30, 1799.

The Act was revived in 2017 following the controversy over former National Security Advisor Michael Flynn's communications with the Russian ambassador to the United States. Flynn resigned after reports that he had discussed US sanctions against Russia with the Russian official before Trump took office.

The Logan Act calls for the fine or imprisonment of private citizens who attempt to intervene without authorisation in disputes or controversies between the United States and foreign governments. It has never been used to successfully prosecute an American citizen. Only two people have ever been indicted on charges of violating the Act, one in 1802 and the other in 1852. Neither was convicted.

So, while Flynn's communications with Russia may have raised concerns about a potential violation of the Logan Act, the Act itself has never been successfully used to prosecute anyone.

Did he fail to disclose payments from Russia?

Michael Flynn, former US National Security Advisor, failed to disclose payments from Russia for a speech delivered in 2015. In April 2017, the leading Republican and Democrat on the House Oversight Committee stated that Flynn likely violated the law by not disclosing the payments he received from Russia and Turkey.

Flynn received approximately $45,000 for a speech at a gala dinner hosted by the Russian state TV network RT in Moscow. He was seated next to Russian President Vladimir Putin. In addition, he received $530,000 for consulting work that likely benefited the Turkish government while working as an adviser to then-presidential candidate Donald Trump.

Flynn did not disclose these payments in his initial financial filings. However, in an amended disclosure dated February 2017, he named RT and at least two other Russia-linked firms as sources of income. The amended disclosure was released by the White House along with other financial disclosures from key administration staff.

Flynn's attorney, Robert Kelner, stated that the initial filing was a draft and that the process was interrupted when Flynn left his position in February 2017. He also noted that the initial filing included the speaking fees bundled together as income from a speakers bureau rather than specific companies.

The House Oversight Committee requested documents related to Flynn's security clearance and payments from organizations with ties to foreign governments. However, the White House refused to provide these documents, with White House Press Secretary Sean Spicer defending the denial.

Flynn's failure to disclose the payments from Russia raised concerns about potential violations of disclosure laws and sparked further investigations into his contacts with Russian officials.

Did he make false statements to the FBI?

Michael Flynn pleaded guilty to "willfully and knowingly" making false statements to the FBI about his conversations with Sergey Kislyak, the Russian ambassador to the United States.

Flynn, a retired US Army lieutenant general, was the 24th US National Security Advisor and the first member of the Trump administration to be charged as part of special counsel Robert Mueller's Russia investigation.

Flynn pleaded guilty in 2017 to lying to the FBI about his contacts with Kislyak and cooperated extensively with prosecutors. However, he later withdrew his guilty plea and substituted a plea of not guilty.

Flynn's false statements to the FBI related to his conversations with Kislyak about sanctions imposed on Russia by the Obama administration in retaliation for Russian election interference. Flynn told the FBI that he had not urged Moscow not to respond to the sanctions, when in fact he had.

Flynn's guilty plea acknowledged that he was cooperating with the Mueller investigation, and it was accepted by the court. However, in 2020, Flynn's lawyers challenged the guilty plea, accusing the government of misconduct and withholding exculpatory evidence. The presiding judge, Emmet Sullivan, rejected these claims but did not immediately rule on the government's request to abandon its prosecution.

Ultimately, Flynn received a presidential pardon from Trump in November 2020, bringing an end to his legal battle.

Did he mislead senior government officials?

Michael Flynn, former national security advisor to President Donald Trump, resigned from his position in 2017 after reports emerged that he had discussed US sanctions against Russia with a Russian official before Trump took office.

Flynn's conversations with Sergey Kislyak, the Russian ambassador to the US, led to accusations that he had misled senior government officials, including Vice President Mike Pence. The controversy surrounding Flynn's contacts with Russia centred on whether he had violated the Logan Act, an 18th-century federal law that bars private citizens from negotiating with foreign powers in disputes with the US.

The Logan Act has never been used to successfully prosecute an American citizen and is widely considered "flagrantly unconstitutional". Despite this, the controversy surrounding Flynn's actions persisted, with some arguing that the issue was not whether he had violated the Logan Act, but whether he had misled senior government officials.

Flynn's resignation and the subsequent investigation into his actions revealed further instances of misleading statements made by Flynn. In a sentencing memo, special counsel Robert Mueller stated that Flynn had made "multiple false statements, to multiple Department of Justice entities, on multiple occasions". These included false claims about his contact with Russia and his interactions with the Russian government regarding a pending UN Security Council resolution.

Additionally, Flynn was found to have made false statements to the Justice Department about his contacts with Turkey. Documents submitted under the Foreign Agents Registration Act omitted the fact that Turkish officials supervised and directed a project his company performed.

In summary, while the legal basis for prosecuting Flynn under the Logan Act was questionable, the controversy surrounding his actions raised serious concerns about his conduct and the potential misleading of senior government officials. The subsequent investigations and revelations further emphasised the extent of Flynn's misleading statements to multiple government entities.

Did he make false statements about Turkey?

Michael Flynn's role in the Trump administration is best known for his connection to the Russiagate investigation. However, Flynn also had a notable connection to Turkey, which has been largely forgotten by the American public.

In 2016, Flynn received $530,000 from a Turkish businessman with close ties to the Turkish President, Recep Tayyip Erdoğan. Inovo BV, a Dutch-based company with ties to the Turkish government, was also involved in the transaction. The money was intended to push pro-Turkey, anti-Kurd policies in hopes of influencing the Trump Administration.

Flynn used the money to set up the Flynn Intel Group, which then signed a $600,000 contract with the Turkish businessman. The contract aimed to help Turkey extradite Fethullah Gulen, a political opponent of President Erdoğan living in the US. Gulen, a Muslim cleric, was accused of orchestrating the 2016 coup attempt against Erdoğan, which Flynn spoke in favour of.

In September 2016, Flynn arranged a meeting between former US officials and Turkish leaders, including the foreign minister, energy minister, and Erdoğan's son-in-law. At this meeting, participants discussed kidnapping Gulen and bringing him to Turkey. Flynn also wrote an op-ed for The Hill, comparing Gulen to Osama bin Laden and Ayatollah Khomeini. He failed to disclose that he was a paid lobbyist for Turkey.

Flynn's actions in support of Turkey and Erdoğan, particularly his failure to disclose his financial ties, raise questions about whether he made false statements about his work for Turkey. In March 2017, Flynn and his consulting firm registered as foreign agents working on behalf of Turkey. However, in a December 2017 legal filing, Flynn admitted to lying in the March filings to the Justice Department, including falsely stating that he did not know the extent of the Turkish government's involvement in the project.

Flynn's associates, Bijan Kian and Kamil Ekim Alptekin, were charged with conspiracy and acting as unregistered foreign agents of the Turkish government. Alptekin was also charged with four counts of making false statements to the FBI. While Flynn was not named in the indictment, it described a "Person A" who matched his description.

In conclusion, while Flynn did not make false statements specifically about Turkey, his failure to disclose his financial ties and lobbying activities for the Turkish government raises questions about the transparency and legality of his actions.

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