The Fourth Victim of the Mueller Investigation Will Be Sentenced in January
More than two years after former Trump national security advisor Michael Flynn’s guilty plea, there is finally a date set for Flynn’s sentencing. On January 28, 2020, almost three years to the date after committing the crime for which he’s charged, Flynn will be sentenced. Flynn was charged with “willfully and knowingly [making] false, fictitious and fraudulent statements and representations” to the FBI regarding his conversations with Russian ambassador to the U.S., Sergey Kislyak in 2017.
The sentencing has been delayed due to Flynn’s defense lawyers claiming prosecutors violated a rule requiring them to disclose evidence to defendants that could exonerate him. Flynn repeatedly requested to compel prosecutors to turn over additional evidence that he claims would cause the charge against him to be dismissed. Judge Emmet Sullivan, the federal judge assigned to the trial, said on Monday that the defense team failed to establish a single violation by the prosecution.
Sullivan said in his ruling in the U.S. District Court in D.C., Flynn’s lawyers “failed to explain” how most of the information that had not already been turned over to them is relevant to the crime to which Flynn admitted under oath on December 1, 2017. Sullivan also noted he had ethical concerns with the legal brief submitted by Flynn’s defense team as part of the motions for evidence because it “lifted verbatim portions from a source without attribution.
Now that we finally have a sentencing date for Michael Flynn, he can finally put a bow on what has been a very long couple of years for Michael Flynn and his family. While much of the trouble started shortly after leaving the DIA and forming an independent lobby group, the real trouble began in December 2016.
December, 2016
Flynn became part of the federal investigation known as Crossfire Hurricane, which was later taken over by Special Counsel Robert Mueller, after the FBI intercepted communications between Flynn and then-Russian Ambassador Sergey Kislyak. The matter was immediately folded into the FBI’s probe into Russian election interference into the 2016 election. The reason the communication was significant is because it took place on the same day the Obama administration unveiled sanctions against Russia for election-related hacking.
The very next day, December 30, 2016, Russian President Vladimir Putin said he wouldn’t retaliate against the United States for the sanctions, then boasted about inviting U.S. embassy children to a Christmas party. A move the was praised by then-president-elect Donald Trump over Twitter.
January, 2017
In January of 2017, Donald Trump made a statement to the media claiming that no member of his cabinet had any communication with Russia during the campaign. The very next day, Washington Post columnist David Ignatius first reported the story about Flynn’s communication with Kislyak, raising questions in the public about what was discussed during the conversation.
On January 13, future White House Press Secretary and White House Communications Director Sean Spicer was asked about the call. Spicer claimed there was no discussion about the sanctions during the call to Ambassador Kislyak, and that the point of the call was to schedule a post-inauguration meeting between Trump and Putin.
On January 15, Mike Pence said on Face the Nation, “It was strictly coincidental that they had a conversation. They did not discuss anything having to do with the United States’ decision to expel diplomats or impose censure against Russia.”
On January 21, Flynn was first questioned by the FBI about his call to Kislyak as part of the larger Russia probe, where Flynn denied the subject of the phone call being related to sanctions. Only days later, Sean Spicer was questioned again about Flynn’s call to the ambassador, where he said Flynn reassured him the previous night that the subject of the phone call had nothing to do with sanctions. The only subjects of the call included a plane crash over the weekend, the exchanging of holiday greetings, a possible conference in Syria, and, again, setting up a meeting with President Vladimir Putin.
On January 26, 2017, then-acting Attorney General Sally Yates informed White House Counsel Don McGahn of everything she knew about the call, and said she felt Flynn was “essentially blackmailed by the Russians.” Yates later told a Senate judiciary subcommittee, “We believed that Gen. Flynn was compromised with respect to the Russians.” The administration allegedly started an internal investigation that very day. Yates was fired from the administration days later on January 30. The reason for her dismissal was allegedly her refusal to work with or support Donald Trump on his “Muslim ban.”
February, 2017
A week and a half later, The Washington Post reported that according to current and former U.S. officials – likely Yates – that Flynn did discuss sanctions on the call with the Russian ambassador. The next day on February 10, a spokesperson told NBC News that Flynn “can’t be 100 percent sure” about whether or not he talked about sanctions, but he doesn’t remember doing so. At this point, Trump all but gave away his knowledge of the real subject of the call by putting distance between Flynn and himself. “I don’t know about it. I haven’t seen it. What report is that?” Trump said to reporters.
On February 13, 2017, Trump advisor Kellyanne Conway said in an NBC interview that Flynn had the full confidence of the president. Hours later, Flynn resigned from his position in the Trump cabinet, saying he “inadvertently briefed Vice President Mike Pence and others with incomplete information regarding his phone calls with the Russian ambassador.”
March, 2017
On March 9, 2017, Flynn retroactively registered with the Justice Department as a foreign agent, disclosing $530,000 worth of lobbying money he was paid to help Turkish interests in the United States. This is because after leaving the DIA, Flynn formed the Flynn Intel Group. During 2015 and 2016, Flynn developed a relationship with with Ekim Alptekin, and Turkish businessman with deep ties to the Kremlin, and was hired to lobby on behalf of Turkish interests. It is believed his ties to Turkish interests played a part in Flynn advising President Trump not to use U.S. dollars to help arm Kurds in Syria due to their long-standing conflict with Turkey. We all know how that turned out earlier this year for the Northern Syrians.
Soon after, documents were released by the House Oversight Committee that Flynn was paid $45,000 plus perks by the state-sponsored Russian television network RT, or Russian Television, to speak at an anniversary gala in December of 2015. A gala also attended by then Green Party presidential candidate Jill Stein.
May, 2017
The Senate Intelligence Committee soon requested testimony from Flynn. Flynn’s defense team requested immunity in exchange for Flynn’s testimony, but the request was denied by the committee. On May 11, Flynn was officially subpoenaed by the committee, requesting documents relevant to its investigation into Russian meddling in the 2016 election. One week later, Deputy U.S. Attorney General Rod Rosenstein officially appointed former FBI Director Robert Mueller as special counsel to oversee the investigation into Russian interference. Soon after, Flynn’s attorneys refused to comply with the Senate Intelligence Committee subpoena, citing Flynn’s Fifth Amendment right to not incriminate himself.
September, 2017
In September of 2017, Flynn’s son also became a part of the probe into Russian election interference because of his role in his father’s Flynn Intel Group and its ties to Kremlin-connected business associates. This, of course, became part of the investigation after the elder Flynn filed with the Justice Department and disclosed his business ties.
October, 2017
A little more than a month later, Former CIA Director James Woolsey was interviewed by federal agents working on behalf of Special Counsel Mueller, into allegations that Flynn had discussed the illegal removal of a Turkish cleric from the United States. Mueller found that both Flynn and his son were to be paid upwards of $15 million to deliver Fethullah Gulen, a Muslim cleric living in the U.S., to Turkey for prosecution. Turkish President Recep Tayyip Erdogan had previously pressed the U.S. government to extradite him, but neither administration involved would cooperate with the request, as Gulen would become another political prisoner of the Turkish government.
Bureau agents learned of a December 2016 meeting at the 21 Club in New York, where Flynn and Turkish government representatives discussed removing Gulen by essentially kidnapping him, then flying him via private jet to the Turkish prison island of Imrali. This was according to at least four individuals the FBI interviewed about the meeting, as well as the plan moving forward.
November, 2017
On November 10, five days after federal investigators concluded the evidence was sufficient to bring charges against Flynn and his son, federal investigators began to examine whether Flynn’s meeting with Turkish representatives also included a possible quid pro quo deal with Turkey where he would be paid secretly through his organization to carry out directives from the Turkish capital of Ankara while in the White House. In the meantime, Mueller continued to investigate the Flynn Intel Group and its failure to proactively disclose its work with foreign governments. As of November 22, Iranian-American Bijan Kian became a subject of the investigation due to ties with the group.
Kian was later found guilty by a jury for illegally acting as a foreign agent, and conspiring to keep his and the Flynn Intel Group’s work hidden from the Justice Department. The verdict was thrown out by the judge in the trial, however, citing insufficient evidence.
December, 2017
On December 1, 2017, Flynn finally entered a guilty plea on the charge of providing false information to the FBI in regards to his communication with Russia, bringing a very small part of a very large investigation to an end. It should be noted that Special Counsel Robert Mueller did recommend Flynn be given a light sentence because of his long-term cooperation during the Russia investigation, where Flynn apparently provided very valuable information to federal authorities. Updates soon to come after Flynn’s sentencing hearing.
Additional Reading: https://www.stripes.com/news/us/michael-flynn-s-sentencing-set-after-judge-rejects-his-attacks-on-the-fbi-justice-department-1.611431 https://www.axios.com/mueller-russia-investigation-timeline-indictments-70433acd-9ef7-424d-aa01-b962ae5c9647.html https://www.vox.com/2018/12/4/18124615/michael-flynn-mueller-sentencing-memo-cooperation https://www.vox.com/2018/12/4/18124615/michael-flynn-mueller-sentencing-memo-cooperation https://www.cnbc.com/2019/12/16/judge-to-sentence-former-trump-aide-michael-flynn-in-january.html https://www.nbcnews.com/news/us-news/mike-flynn-timeline-his-rise-fall-russia-call-n720671 https://www.cnn.com/2019/09/24/politics/bijan-kian-verdict-thrown-out/index.html
The Seventh Floor 