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Posted on: May 9, 2020 at 12:02:23 CT
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On December 29, 2016, punitive sanctions on Russia were announced.
The Russian ambassador to the United States, Sergey Kislyak, reached out to Flynn on December 28. Flynn was vacationing in the Dominican Republic, but on December 29, he spoke multiple times with Kislyak.
On December 30, Russian President Vladimir Putin announced that Russia would not respond to the sanctions. That same day, Trump tweeted his thanks: “Great move on delay (by V. Putin) - I always knew he was very smart!” Another round of calls followed between Flynn and Kislyak.
What exactly happened here? At first, Trump’s team denied that anything untoward had occurred. On January 15, 2017, Vice President–elect Mike Pence appeared on CBS’s Face the Nation to assure the country that Flynn and Kislyak had not discussed the Obama sanctions. “He had sent a text to the Russian ambassador to express not only Christmas wishes but sympathy for the loss of life in the airplane crash that took place,” Pence said, referring to a December 25, 2016, accident that had killed 92 people. “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.”
Pence’s statement was not true. Flynn lied to the FBI about the calls. Back in 2017, Pence insisted that Flynn had lied to him too.
Flynn’s lies mattered not because of some technicality about the Logan Act, the ancient and much-disregarded law forbidding private diplomacy. Flynn’s lies mattered because they may have concealed a deal between Trump and Russia over sanctions.
The Flynn-Kislyak call was recorded by U.S. intelligence agencies. The judge in Flynn’s case ordered that the call be released. The Department of Justice successfully resisted the order by arguing that the recording was irrelevant to Flynn’s conviction and sentencing.
And so Congress and the public remain unaware of what exactly was said to dissuade the Russians from retaliating in December 2016, and what—if anything—the Russians asked for in return. Congress and the public remain ignorant about whether Flynn acted on his own or was directed by President-elect Trump. Congress and the public remain uncertain whether Pence had himself been deceived when he delivered a false reassurance on CBS in January 2017—or whether he was part of the deceit.
Flynn’s lies protected Trump and the Trump administration. Flynn himself has paid a price over the past three years. But in the end, the lies protected him as well. The Justice Department has dropped the case. Flynn will not be sentenced for lying to the FBI, a crime to which he pleaded guilty. He will now become a conservative celebrity, a Trump surrogate on television and the campaign trail. The way is open for him to enjoy fame and recover wealth.
As when the Mueller report was released in spring 2019, Attorney General William Barr has taken it on himself to keep Trump’s secrets buried as deep as he can, for as long as he can. On the day that the Flynn case was dropped, Trump spoke by telephone to Putin. He told reporters that he and Putin had agreed that the investigation of Russian interference was a“hoax”—and that he and Putin had undertaken to work together more closely from here on. “I wouldn’t be surprised,” Trump said to the reporters, “if you see a lot of things happen over the next number of weeks.” The way is now open for Russia and Putin to act again to help reelect Trump, as they acted to elect him in the first place.