Flynn's Russian Call: What Law Was Broken?

Michael Flynn, a retired United States Army lieutenant general, was the 24th US National Security Advisor. He resigned after reports emerged that he had misled Vice President Mike Pence and others about the nature and content of his communications with Sergey Kislyak, the Russian ambassador to the United States.

Flynn pleaded guilty to 'willfully and knowingly' making false statements to the FBI about his conversations with Kislyak. He also admitted to making false statements and omissions on documents filed with the Justice Department regarding payments that his company, the Flynn Intel Group Inc., received for lobbying work that principally benefited the government of Turkey.

In addition, lawmakers stated that Flynn likely broke the law by failing to obtain permission to be paid for a trip to Russia in 2015, where he dined with Russian President Vladimir Putin. Representative Jason Chaffetz, the Republican chairman of the House Oversight Committee, emphasised that as a former military officer, you simply cannot take money from Russia, Turkey or anybody else.

Flynn's actions led to his resignation and legal consequences, highlighting the seriousness of his breach of trust and violation of laws governing interactions between government officials and foreign entities.

Lying to the FBI about conversations with the Russian ambassador

On December 1, 2017, Michael Flynn, President Trump's former national security adviser, pleaded guilty to making false statements to the FBI. In his plea agreement, Flynn admitted to lying about conversations he had with Sergey Kislyak, the Russian ambassador to the United States, in December 2016, before Trump took office.

Flynn lied about two specific discussions with Ambassador Kislyak. Firstly, on December 22, 2016, Flynn asked Russia to delay or oppose a UN Security Council resolution condemning Israel's construction of settlements in the West Bank and East Jerusalem. Despite initially denying this to the FBI, Flynn admitted in his plea agreement that he had made this request at the direction of a "very senior member" of the Presidential Transition Team. Secondly, on December 29, 2016, Flynn contacted Ambassador Kislyak again, this time to ask that Russia refrain from escalating the situation in response to sanctions imposed by the Obama administration for Russia's meddling in the 2016 US election. Flynn denied making this request when interviewed by the FBI on January 24, 2017.

In addition to lying to the FBI, Flynn also failed to disclose payments from Russian sources, including a $45,000 speech for the Russian state-owned television network, RT, and more than $500,000 worth of work representing the Turkish government. This failure to disclose foreign income when applying for security clearances is a felony punishable by up to five years in prison.

Failing to disclose payments from Russian sources

Michael Flynn, former National Security Advisor to President Donald Trump, failed to disclose payments from Russian sources in a February 2016 financial disclosure form. This was a violation of the emoluments provision of the U.S. Constitution, which prohibits retired military officers from accepting gifts or payments from foreign governments.

Flynn received payments from the Russian television network RT, as well as two other Russia-linked companies: Volga-Dnepr Airlines and Kaspersky Government Security Solutions Inc. These payments were for speaking engagements, including a 2015 speech in Moscow where Flynn sat next to Russian President Vladimir Putin. The total amount Flynn received from these sources exceeded $5,000.

Flynn's failure to disclose these payments raised scrutiny from lawmakers, who questioned whether he had received permission for or properly reported the funds. This incident, along with Flynn's contacts with Russian officials, ultimately led to his resignation in February 2017, just 24 days into his tenure as National Security Advisor.

In March 2017, Flynn retroactively registered as a foreign agent, acknowledging that he had conducted paid lobbying work that may have benefited the Turkish government. This separate incident further highlighted the concerns around Flynn's disclosure of foreign payments.

Accepting money from Russia without permission

In 2015, Michael Flynn was paid $45,000 for a speech at the 10-year anniversary celebration of RT, a Russian state-controlled television network. He also received over $65,000 from other companies with links to Russia. Flynn failed to disclose these payments and, as a former military officer, likely broke the law by accepting the money without permission.

In 2017, the leading Republican and Democrat on the House Oversight Committee said it appeared Flynn had not received permission for or properly reported the funds he received from Russia and Turkey. Committee chairman Jason Chaffetz stated:

> As a former military officer, you simply cannot take money from Russia, Turkey or anybody else. And it appears as if he did take that money, it was inappropriate and there are repercussions for a violation of law.

Flynn's lawyer, Robert Kelner, said his client was in the process of submitting his financial disclosure forms in the days before he left the White House. However, the discrepancy in Flynn's reporting of his income linked to Russia resulted in increased scrutiny and contributed to his resignation as National Security Advisor after just 22 days.

Lobbying for Turkey without registering as a foreign agent

Michael Flynn, former National Security Advisor and adviser to President Trump, pleaded guilty to making false statements to the FBI about his discussions with Sergey Kislyak, the Russian ambassador to the United States. However, the focus of this response will be on Flynn's lobbying activities for Turkey and his failure to register as a foreign agent.

Flynn, through his company, the Flynn Intel Group, engaged in lobbying activities that principally benefited the government of Turkey. He failed to disclose these activities and the associated payments on his government financial disclosure forms, which is a violation of law. In March 2017, Flynn retroactively registered as a foreign lobbyist and reported receiving $530,000 from a Turkish company for consulting work during the presidential campaign. The work primarily benefited the Republic of Turkey and involved examining Fethullah Gulen, a Turkish cleric living in exile in the United States. Turkey's President, Recep Tayyip Erdogan, has blamed Gulen and his followers for a failed coup attempt in 2016 and has sought his extradition.

Flynn's lobbying activities on behalf of Turkey and his failure to disclose them in a timely manner raised serious concerns. The Foreign Agents Registration Act (FARA) requires registration for individuals or entities engaged in "political activities" on behalf of foreign principals, which includes lobbying and influencing public opinion. By not registering under FARA, Flynn violated the law and avoided scrutiny of his activities that benefited a foreign government.

The Turkish lobby in the United States has been a significant force, spending millions of dollars annually to promote Turkey's interests within the American government. Turkey's efforts have included blocking congressional resolutions, such as the recognition of the Armenian genocide, and influencing public opinion through media outlets like TRT World. The Turkish government has hired well-connected lobbying firms and individuals, including former Congressman Dick Gephardt and former House Majority Leader Bob Livingston, to advance its interests in Washington.

Flynn's involvement with the Turkish lobby and his failure to register as a foreign agent is a serious matter. It raises questions about the transparency of foreign influence in American politics and the potential for conflicts of interest. By not disclosing his lobbying activities for Turkey, Flynn avoided scrutiny and potentially broke the law. His actions highlight the importance of upholding FARA and ensuring transparency in foreign lobbying activities.

Discussing sanctions with Russia before Trump took office

Michael Flynn's discussions with the Russian ambassador Sergey Kislyak about sanctions were not in themselves illegal. However, Flynn's subsequent lies about the nature of these conversations to Vice President Mike Pence and others led to his resignation as National Security Advisor and a federal investigation.

Flynn's conversations with Kislyak were intercepted by American intelligence as part of routine surveillance of Russian agents. On 29 December 2016, Flynn urged Russia to only respond in a "reciprocal" manner to the sanctions imposed by the Obama administration in response to Russian interference in the 2016 U.S. presidential election.

Flynn then lied about the content of these conversations to Pence, Chief of Staff Reince Priebus, and Press Secretary Sean Spicer, telling them he had not discussed sanctions with Kislyak. When these falsehoods were exposed by media reports, Flynn resigned, stating he had given incomplete information about his conversations with Kislyak.

Flynn's tenure as National Security Advisor lasted just 24 days, the shortest in the history of the position. He was later charged with "willfully and knowingly" making "false, fictitious and fraudulent statements" to the FBI about the Kislyak conversations. He pleaded guilty but was eventually pardoned by President Trump in November 2020, and the criminal case against him was dismissed.

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