White House Counsel Knew in January Flynn Probably Violated the Law

The following article by Murray Waas was posted on the ForeignPolicy.com website December 20, 2017:

Don McGahn was looking at whether the national security advisor violated federal laws just days after Trump moved into the White House.

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 advisor, 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.

Another source familiar with the issue confirmed that the White House counsel’s office conducted research on the possible legal violations but disputed some of the details. The research was primarily conducted by John Eisenberg, the deputy counsel to the President and legal adviser to the National Security Council, assisted by James Burnham, another White House counsel staff member, according to the source, who added that they weren’t aware of any records related to that work.

McGahn later drafted “a memo that reflected a timeline of events leading up to Flynn’s resignation,” the source added, “but that was after the resignation so it would be inaccurate to say McGahn briefed the President around the same time of the creation of that document (if that is the document you are referring to).”

Flynn pled guilty in federal court in Washington, D.C., on Dec. 1 of this year to felony charges of lying to the FBI. He has not been charged with violating the Logan Act.

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.

View the post here.