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Michael Flynn: National Security Adviser Lied to FBI, Trump Pressured Comey, Flynn Pardoned

Flynn's conversations with Kislyak on December 29, 2016 — the day President Obama announced sanctions against Russia for election interference — were intercepted by U.S. intelligence. Flynn told Pence the conversations had not touched on sanctions; Pence publicly repeated that claim. After the Washington Post reported Flynn had indeed discussed sanctions, Flynn resigned. On January 27, 2017, Trump told Comey at a one-on-one dinner that he hoped Comey could let the Flynn investigation go. Comey did not drop it. Trump fired Comey on May 9, 2017. Flynn pleaded guilty December 1, 2017. His cooperation with Mueller provided significant intelligence about the transition period. Trump pardoned Flynn in November 2020, after Flynn had withdrawn his guilty plea.

Record summary

Grade

Grade 4 of 5: Critical Rights and Rule-of-Law Concern

Systematic actions that undermine fundamental constitutional or international legal protections at the structural level. Scale and definitions

Status
Concluded
Incident date
Record updated
Location
Washington, D.C.
Category
Rule of Law
Legal posture
Judicial finding
War-crime classification
Enabling conduct
Verification
Independently verified
ICC relevance
No
Sources
4 cited
Stable ID
trump-first-term-michael-flynn-lies-pardon
Victims
U.S. rule of law and the integrity of counterintelligence investigations; FBI personnel conducting a legitimate investigation who were subject to political pressure to abandon it; American public whose government's conduct toward Russia was obscured by false statements
Alleged responsible parties
  • Donald Trump, President; asked FBI Director Comey to drop the Flynn investigation at a one-on-one dinner; later fired Comey; subsequently pardoned Flynn after Flynn had pleaded guilty to lying to federal agents— White House
  • Michael Flynn, National Security Adviser (24 days); lied to Vice President Pence about his Kislyak conversations; lied to FBI agents on January 24, 2017; pleaded guilty to one count of making false statements to FBI— White House / Defense Intelligence Agency (former)

Key points

  • Flynn discussed sanctions with Russian Ambassador Kislyak on December 29, 2016 — the day Obama announced sanctions for Russian election interference; the calls were intercepted by U.S. intelligence; Flynn then misled Vice President Pence about the content of those calls; Pence publicly denied the conversations had addressed sanctions, which was false; the Washington Post reported the truth in February 2017, leading to Flynn's resignation
  • On January 27, 2017, Trump invited Comey to a one-on-one dinner at the White House; Trump told Comey he hoped Comey could see his way to letting the Flynn matter go; Comey later testified before the Senate Intelligence Committee about this conversation; the request was central to the obstruction of justice analysis in the Mueller Report's Volume II
  • Flynn was interviewed by FBI agents on January 24, 2017, four days into the Trump presidency; he lied to the agents about the Kislyak conversations; he later pleaded guilty on December 1, 2017 to one count of making false statements to federal investigators; as part of his cooperation agreement he provided information to Mueller's team about transition-period activities
  • Trump fired FBI Director Comey on May 9, 2017; Trump subsequently told NBC News that 'this Russia thing' was on his mind when he made the firing decision; the Mueller Report documented the firing as one of ten episodes examined for potential obstruction of justice
  • Flynn's cooperation with Mueller was significant: he participated in 19 interviews with federal investigators and provided what prosecutors described as substantial assistance; he cooperated on matters including transition-period contacts with Russian officials and his own foreign lobbying activities on behalf of Turkey (which he had failed to disclose)
  • After cooperating with Mueller, Flynn fired his legal team in 2019, hired Sidney Powell, and moved to withdraw his guilty plea; he alleged the FBI had set him up; Trump pardoned Flynn on November 25, 2020, using a pardon that covered offenses Flynn had committed through the date of the pardon — a broad formulation covering potential charges beyond the pleaded offense

Overview

Flynn lied to the FBI about conversations he had with the Russian ambassador on the day the United States imposed sanctions on Russia for election interference. Trump asked the FBI director to drop the investigation. The FBI director did not. Trump fired him. Flynn later pleaded guilty. Trump pardoned him.

The December 29 Calls

The Obama administration imposed sanctions on Russia on December 29, 2016 for interference in the presidential election. On the same day, Flynn called Russian Ambassador Sergey Kislyak multiple times. The calls were intercepted — routine practice for communications with foreign ambassadors.

Flynn discussed the sanctions. He then told Vice President-elect Pence that the conversations had not touched on the subject. Pence went on television and said so publicly. He was repeating Flynn's lie.

The Department of Justice warned the White House in January 2017 that Flynn's false account had made him potentially vulnerable to Russian blackmail — Moscow knew what was actually said on the calls. The warning sat in the White House for weeks before anything was done about it.

The Comey Dinner

On January 27, 2017, Trump invited Comey to dinner at the White House. It was one-on-one. Trump told Comey he hoped Comey could see his way to letting the Flynn matter go.

Comey testified about this conversation before the Senate Intelligence Committee. The Mueller Report examined it as one of ten episodes in its obstruction of justice analysis.

Comey did not drop the investigation. Trump fired him on May 9, 2017. Trump told NBC News that he was thinking about "this Russia thing" when he made the decision.

The Guilty Plea and the Pardon

Flynn pleaded guilty on December 1, 2017 to one count of making false statements to federal agents. He cooperated with the Special Counsel's investigation through 19 interviews, providing information about transition-period activities and his undisclosed foreign lobbying work for Turkey.

In 2019, he changed course — fired his legal team, hired Sidney Powell, and moved to withdraw his guilty plea, alleging misconduct. The Department of Justice under Attorney General Barr moved to drop the case. A federal judge resisted. The case dragged through appeals.

Trump pardoned Flynn on November 25, 2020. The pardon was written broadly enough to cover offenses beyond the one Flynn had pleaded to.

Update log

  1. Updated with November 2020 pardon.

Sequence of events

  1. Flynn calls Kislyak — discusses sanctions on day Obama announces them

    Flynn calls Russian Ambassador Kislyak multiple times on December 29, 2016, the same day President Obama announces sanctions against Russia for election interference. The calls are intercepted by U.S. intelligence. Flynn discusses the sanctions. He subsequently misleads Vice President Pence about the calls' content.

  2. Pence publicly denies Flynn discussed sanctions — based on Flynn's false account

    Vice President Pence tells Face the Nation that Flynn and Kislyak 'did not discuss anything having to do with the United States' decision to expel diplomats or impose censure against Russia.' Pence is relying on Flynn's false account of the calls.

  3. FBI interviews Flynn — he lies to agents

    FBI agents, including Peter Strzok, interview Flynn at the White House about his Kislyak conversations. Flynn lies, telling them the conversations did not touch on sanctions. This false statement forms the basis of his eventual guilty plea.

  4. Trump tells Comey he hopes Flynn matter can be let go

    Trump invites Comey to a one-on-one dinner at the White House. Trump tells Comey he hopes Comey can let the Flynn investigation go. Comey later describes this conversation in Senate testimony. He does not drop the investigation.

  5. Flynn resigns after Washington Post reports he misled Pence

    The Washington Post reports that Flynn did discuss sanctions with Kislyak and misled Pence. Flynn resigns as National Security Adviser after 24 days in office. The Department of Justice had warned the White House weeks earlier that Flynn's false account had made him potentially vulnerable to Russian blackmail.

  6. Trump fires Comey — cites Russia investigation as factor

    Trump fires FBI Director Comey. He subsequently tells NBC News that 'this Russia thing' was on his mind when he made the decision. The firing becomes a central element of the Mueller obstruction investigation.

  7. Flynn pleads guilty to lying to FBI

    Flynn pleads guilty to one count of making false statements to federal investigators. He agrees to cooperate with the Special Counsel's investigation. He participates in 19 subsequent interviews with federal investigators.

  8. Trump pardons Flynn — broad pardon covers future charges

    Trump pardons Flynn on November 25, 2020, less than two months before leaving office. The pardon covers offenses Flynn committed through the date of the pardon — a formulation broad enough to cover charges beyond the pleaded offense. Flynn had by this point withdrawn his guilty plea and alleged FBI misconduct.

Sources

  1. Michael Flynn Resigns as National Security Adviser — The New York Times
  2. Trump asked Comey to shut down Flynn investigation — The Washington Post
  3. Flynn pleads guilty to lying to FBI about Russian contacts — The Associated Press
  4. Mueller Report Volume I — Flynn investigation — U.S. Department of Justice / Special Counsel archived ✓

How this record was published

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