Mueller-Flynn investigation: Special counsel releases key documents of former Trump advisor's FBI interview
'A sitting National Security Adviser, former head of an intelligence agency, retired Lieutenant General, and 33-year veteran of the armed forces knows he should not lie to federal agents,' says filing
Your support helps us to tell the story
From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.
At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.
The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.
Your support makes all the difference.Special Counsel Robert Mueller has urged a federal judge to reject an attempt by Michael Flynn “to minimise the seriousness” of him lying to the FBI.
Mr Mueller’s team was responding to a sentencing memo from Flynn’s lawyers criticising the FBI interviews with their client, saying agents did not provide him “with a warning of the penalties” for misleading investigators.
This comes just two days after former lawyer and fixer for Donald Trump, Michael Cohen, was sentenced to three years in jail.
“A sitting National Security Adviser, former head of an intelligence agency, retired Lieutenant General, and 33-year veteran of the armed forces knows he should not lie to federal agents,” Mr Mueller's office said in its court filing.
“He does not need to be warned it is a crime to lie to federal agents to know the importance of telling them the truth.”
Flynn pleaded guilty in December 2017 to lying to the FBI agents about his conversations with Russia's then-ambassador, Sergei Kislyak, and has been cooperating with Mr Mueller's probe into Russia's meddling in the 2016 election and possible collusion between Moscow and Trump campaign officials.
The FBI interview took place on 24 january 2017, soon after Mr Trump took office.
In the filing Mueller said Flynn lied to the media and senior administration officials in the weeks leading up to the interview, telling them he had not discussed US sanctions against Russia with Mr Kislyak when in fact he had.
“Thus, by the time of the FBI interview, the defendant was committed to his false story,” Mr Mueller's prosecutors wrote.
Mueller's filing was in response to an order by the judge to turn over documents related to the interview.
That order, in turn, followed a sentencing memo earlier this week by Flynn's lawyers in which they argued for leniency.
As mitigating factors, Flynn's lawyers cited both the lack of a warning about lying and a suggestion by then-FBI Deputy Director Andrew McCabe to Flynn that the “quickest way” to conduct the interview was without counsel present.
Reuters
To see who events unfolded follow our live blog below below
Please allow a moment for the liveblog to load
Flynn has cooperated extensively with the government in 19 interviews with law enforcement officials, which began even before he pleaded guilty to lying to the FBI.
The sentencing memo from Flynn's lawyers also noted that the general felt "genuine contrition" for his "uncharacteristic error in judgment" when he made the false statements.
Flynn served briefly as Donald Trump's first national security advisor until February 2017, when he resigned after allegedly misleading Vice President Mike Pence about his contacts with Sergey Kislyak, Russia's Ambassador to the US
Here is another choice quote from the Mueller filing today:
"The defendant undoubtedly was aware, in light of his ‘many years’ working with the FBI, that lying to the FBI carries serious consequences.”
For those that would like to see it, here is the Special Counsel's Office budget report for April to September 2018
Republicans such as Representative Mark Meadows, who is one of the names being banded around to possibly become Mr Trump's new chief of staff, have asked for documents relating to Flynn's role in the Mueller investigation be released.
Mr Mueller's has rejected the defence's contention that the FBI did not warn Flynn when they were interviewing him that it was illegal to lie to federal investigators, and disputed the idea that the FBI encouraged Flynn not to have . a lawyer present.
Mr Mueller's office said Flynn had lied several times to White House officials about his dialogue with ambassador Sergey Kislyak and simply repeated those falsehoods when approached by the FBI on Jan. 24, 2017. They said Flynn agreed to meet with the FBI without a lawyer present and, unlike other defendants charged in Mueller's investigation, had enough experience in government to understand the consequences of lying and "the importance of accurate information to decision making in areas of national security."
"A sitting National Security Advisor, former head of an intelligence agency, retired Lieutenant General, and 33-year veteran of the armed forces knows he should not lie to federal agents," Mueller's prosecutors wrote. "He does not need to be warned it is a crime to lie to federal agents to know the importance of telling them the truth."
Flynn's supporters have seized on the fact that the FBI agents who questioned him did not detect signs of deception during the interview. But prosecutors say that doesn't change the fact "that he was indeed lying, and knowingly made false statements to FBI agents in a national security investigation."
One of our writers, Caitlin Morrison, wrote about Flynn's case last week.
Here is a bit more background on Mr Mueller's original sentencing memo on Flynn from last week:
The latest from Mr Mueller's office comes on the same day that Michael Cohen, Mr Trump's longtime former lawyer, hit out at the president over Cohen's own sentencing earlier this week.
Join our commenting forum
Join thought-provoking conversations, follow other Independent readers and see their replies
Comments