White House Counsel Knew in January Flynn Probably Violated the Law

[Rogue Valley]

White House Counsel Knew in January Flynn Probably Violated the Law

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By Murray Waas
Foreign Policy
Dec. 20, 2017

Former Trump National Security Adviser Michael Flynn

The White House turned over records this fall to special counsel Robert Mueller revealing that in the very first days of the Trump presidency, Don McGahn researched federal law dealing both with lying to federal investigators and with violations of the Logan Act, a centuries-old federal law that prohibits private citizens from negotiating with foreign governments, according to three people with direct knowledge of the confidential government documents. The records reflected concerns that McGahn, the White House counsel, had that Michael Flynn, then the president’s national security adviser, had possibly violated either one or both laws at the time, according to two of the sources. The disclosure that these records exist and that they are in the possession of the special counsel could bolster any potential obstruction of justice case against President Donald Trump. The records that McGahn turned over to the special counsel, portions of which were read to this reporter, indicate he researched both statutes and warned Trump about Flynn’s possible violations.

McGahn conducted the analysis shortly after learning that Flynn, on Dec. 29, 2016 — while Barack Obama was still president — had counseled the Russian ambassador to the United States at the time, Sergey Kislyak, not to retaliate against U.S. economic sanctions imposed against Russia by the outgoing administration. McGahn believed that Flynn, and possibly anyone who authorized or approved of such contacts, would be in potential violation of the Logan Act, according to two of the sources, both of whom work in the administration. The White House and the special counsel’s office did not respond to a request for comment. Despite McGahn’s concerns that Flynn violated one or both of these laws, Trump allowed Flynn to continue in his job and only fired him after the Washington Post reported that Flynn had lied to Vice President Mike Pence and other senior administration officials about his contacts with Kislyak. That was 18 days after then-Acting Attorney General Sally Yates informed McGahn of her own concerns about Flynn’s covert diplomacy with Russia prior to Trump taking office. The White House also turned over to the special counsel notes taken by McGahn and one of his deputies, James Burnham, of two meetings they had with Flynn, then-Acting Attorney General Sally Yates, and then-head of the Justice Department’s National Security Division Mary McCord on Jan. 26 and Jan. 27, according to the records and interviews.

Despite numerous warnings that Flynn was probably involved in Logan Act violations, Trump still appointed Flynn as his National Security Advisor with access to all classified documents.

 

[Captain Adverse]

White House Counsel Knew in January Flynn Probably Violated the Law

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McGahn conducted the analysis shortly after learning that Flynn, on Dec. 29, 2016 — while Barack Obama was still president — had counseled the Russian ambassador to the United States at the time, Sergey Kislyak, not to retaliate against U.S. economic sanctions imposed against Russia by the outgoing administration...

Despite numerous warnings that Flynn was probably involved in Logan Act violations, Trump still appointed Flynn as his National Security Advisor with access to all classified documents.

Soooo, this was after Trump had been elected President, right?

Therefore this is the issue already brought up where it is not considered any violation of any law for a President-elect or his emissaries to make contact with foreign governments to talk about how the new Administration will be handling foreign affairs issues once in office.

No obstruction of justice. Flynn has already pled guilty to the charge of lying to the FBI investigator about this. In order for it to have been a violation of the Logan act, Flynn would have to have been acting as a free agent for his own profit seeking to represent the Russians in America...not an agent of the incoming Administration warning off the Russians.

Nothing new here, even if Trump had been briefed on such contact by this White House Counsel (who was only part of the incoming Administration himself at the time and clearly unfamiliar with the Logan Act). :shrug:

(Edit): Hmmm...after thinking about this I may have an idea why both Flynn and Papadopoulos may have lied about this now.

Either this "counsel" or someone the counsel talked to erroneously considered the contact a violation of the Logan Act and this caused them to think they did something wrong. Perfect example of an inexperienced lawyer misinterpreting the law.