Has Mike Flynn Already Flipped on Trump?
The former national security adviser’s lawyer reportedly met with special counsel Robert Mueller.
The conspicuous lack of charges against Michael Flynn and Michael G. Flynn, despite reports that Robert Mueller already has enough evidence
to arrest the former national security adviser and his son, invites the
obvious question: has the elder Flynn already turned state’s witness?
The tantalizing possibility that Flynn, like George Papadopoulos, has flipped, gained new currency last week when The New York Times reported that Flynn’s lawyer, Robert Kelner, had ended an agreement to share relevant information about the ongoing Justice Department investigation with Donald Trump’s legal team—a move that could presage a new arrangement with Mueller. Jay Sekulow, an attorney for Trump, dismissed that interpretation at the time, telling the Washington Post, “No one should draw the conclusion that this means anything about General Flynn cooperating against the president.” But a new report that Kelner met with members of the special counsel’s team suggests that Flynn has, in fact, cut some kind of deal.
According
to ABC News, Kelner visited Mueller’s offices in Washington, D.C., on
Monday—a development that could indicate the two sides are discussing a
plea deal. (Keller declined to comment on the meaning of the meeting.)
That could have far-reaching implications for the president and members
of his campaign. Of the many Trumpworld characters ensnared in Mueller’s
probe, Flynn is perhaps one of the most pivotal; not only does he lay
claim to some of the most questionable Russian contacts, but he could
also prove to be immeasurably valuable in revealing whether the Trump
campaign colluded with the Kremlin to derail Hillary Clinton’s
candidacy. If anyone knows where the bodies are buried, it’s the man
who acted as a key adviser to Trump during his insurgent bid for the
White House, the transition, and the early, tumultuous days of his
presidency.
Flynn’s testimony could also prove critical in the matter of former F.B.I. director James Comey,
whom Trump fired after Comey declined to curtail his investigation into
Flynn. (Comey’s dismissal, by Trump’s own admission, was prompted by
the Russia investigation, though how exactly that relates to Comey’s
interest in Flynn remains to be seen.) An obstruction of justice case
“requires a corrupt motive, a corrupt intent,” as Kendall Coffey, who was a Florida U.S. attorney during the Clinton administration, recently told told my colleague Chris Smith.
“How much did Trump know about Flynn’s conduct? What were their
conversations? Did Trump tell Flynn that he was getting a lot of help
from the Russian government?”
What Flynn is
willing to say likely depends on what Mueller already knows. It has
already been reported that Flynn belatedly registered as a foreign agent
for more than $500,000 worth of lobbying work he did on behalf of the
Turkish government; he is also being scrutinized for his appearance at a
gala for a state-owned Russian media outlet, for which he was paid
$33,000; his failure to disclose a trip to the Middle East as part of a broader plan to build nuclear plants in the region; and for his alleged role in a bizarre plot to kidnap Muslim cleric Fethullah Gulen,
which his lawyer has denied. “There appear to be potentially indictable
cases with respect to Flynn’s security forms,” Coffey added. “But if
Flynn was negotiating with the Turkish government to assist in the
removal of a political opponent, that couldn’t be ignored by Mueller,
and it’s the kind of thing that can’t be thoroughly examined quickly.”
Whatever leverage Mueller has
over Flynn, however, may be less compelling than his focus on Flynn’s
son, who served as de facto chief of staff at his father’s lobbying
firm. Sources who spoke to ABC News said that if the former national
security adviser had decided to work with the special counsel, it would
likely be to take the pressure off his namesake in a “third party credit” deal, wherein prosecutors offer leniency to another person in exchange for the principal subject’s cooperation.
Flynn
may be the most dangerous player in Mueller’s “most wanted” card
deck—and, with his son in potential legal jeopardy, also the most
unpredictable. So far, the White House has been able to spin allegations
of Russian collusion as hysterical and overblown: Donald Trump Jr. was too inexperienced to know better when he was approached by a Russian intermediary peddling dirt on Clinton; Jared Kushner was too overwhelmed by e-mails and meetings to make mental notes of all his contacts with Russian officials; Paul Manafort was indicted for alleged crimes pre-dating the election; and George Papadopoulos,
who recently pleaded guilty to lying to F.B.I. agents, was just a “low
level volunteer” and a “coffee boy.” But Flynn, the former Director of
the Defense Intelligence Agency under President Barack Obama, would not have been naive, for example, about his conversations with Russian ambassador Sergey Kislyak,
for which he was fired. Perhaps he was reckless—Flynn’s various alleged
lobbying schemes after being pushed out of D.I.A. are not indicative of
an entirely sound mind. (It seem incredible that Flynn wouldn’t have
known his contact with a Russian official was being recorded.) He may
have been corrupt. But he should not have been ignorant of what is now
evident: that the Russian government was making an all-out push to
compromise, recruit, influence, or collude with multiple members of the
Trump campaign simultaneously. Whether any of those efforts crossed the
line into criminal behavior remains for Muller to determine.
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