JARED KUSHNER HAD CLOSE BUSINESS TIES WITH RUSSIA LONG BEFORE HE MET WITH THE RUSSIAN AMBASSADOR

The media is understandably fascinated by the revelation that Jared Kushner and Michael Flynn met with Russian Ambassador Kislyak at Trump Tower on December 1 or 2, 2016 (the White House has been rather vague as to the exact date). Apparently neither Kushner nor Flynn disclosed the meeting on their security clearance forms. Both of them have a lot of explaining to do. Not only was the meeting undisclosed, but the alleged reason for the meeting was highly unorthodox. According to an intercepted communication between the Ambassador and the Kremlin, Kushner had requested that the Russians give him access to a backchannel communications facility at the Russian embassy. His apparent intent was that he wanted to communicate directly with Moscow, free from the prying eyes and ears of the FBI and U.S. intelligence agencies.

It also recently has been disclosed that Kushner had another undisclosed meeting during the Transition period with Sergey Gorkov, a KGB graduate and head of Vnesheconombank (VEB), the Russian state-owned bank that has been subject to U.S. sanctions. This bank has also been linked to Russian spy operations in the U.S.

While Kushner’s apparent level of trust in the Russians demonstrated by his meeting with Kislyak and Gorkov may be surprising, it was not completely unexpected. Kushner has strong business relationships with Russian individuals and companies tied to Russia and Vladimir Putin. In some cases, these relationships have been in place for many years.

In May 2015, Kushner’s real estate company paid $295 million for the majority share in the former New York Times Building on West 43rd Street in Manhattan as part of a deal with Lev Leviev, the Uzbek-Israeli “King of Diamonds” with close ties to Vladimir Putin. Leviev serves as chairman of Africa Israel Investments Ltd., which has a Russian subsidiary, AFI Development PLC, a public company traded on the London Stock Exchange which is one of the largest real estate development companies in Russia. Leviev is also chairman of the Federation of the Jewish Communities of the CIS (former Soviet republics), and is closely associated with Rabbi Berel Lazar, the Chief Rabbi of Moscow who is often referred to in the Jewish press as “Putin’s rabbi.”

In November 2014, Kushner and his brother Joshua also formed a real estate investment company – Cadre – which attracted substantial venture capital from Russian high-tech billionaire Yuri Milner. As founder of the investment firms Digital Sky Technologies (now called Mail.ru Group) and DST Global, Milner’s net worth went from zero to $12 billion in two years as a result of his investments in Facebook and other social media platforms. Milner also owned the largest Internet providers in Russia and elsewhere in eastern and central Europe.

Other Russian and Chinese investors who invested in Cadre and other Kushner companies were rewarded with U.S. visas as part of the EB-5 program. The program gives investors putting at least $500,000 into American companies a two-year visa and a pathway to U.S. citizenship.

Kushner and his wife, Ivanka, are also close friends with Russian billionaire and Putin crony Roman Abramovich and his wife, Dasha Zhukova. Ivanka invited her close friend Dasha to the Trump Inauguration in January 2017, and they have been frequently spotted together at the U.S. Open tennis tournament and other events.

Abramovich, who is perhaps best known as the owner of the legendary Chelsea Soccor club in London, was reported by BBC to have given a $35 million yacht to Putin as a “gift.” Abramovich is also the Chairman of the Board of Trustees Federation of Jewish Communities in Russia (FJCR), which is a major supporter and ally of President Vladimir Putin within Russia.

Abramovich has a one-third interest in Evraz PLC, one of the world’s largest steel manufacturing companies. Through one of its Canadian subsidiaries, Evraz supplied about 40% of the steel used for the construction of the controversial Keystone XL pipeline in North Dakota.

One of Trump’s first actions in office was to sign an executive order expediting the approval of the Keystone pipeline. Construction of the pipeline had been halted by the Obama Administration in November 2015 based on environmental and other concerns. One of Trump’s campaign promises was to reverse this Obama order and to finish construction of the pipeline. Owned by TransCanada, the pipeline is intended to move Canadian tar sands oil southward through the Dakotas to Illinois, Oklahoma, and Texas. On January 24th, Trump also signed another executive order requiring that the steel for all U.S. pipelines had to be made in the U.S. to the “maximum extent possible.” Two days later, TransCanada filed a presidential permit application for the Keystone pipeline with the U.S. Department of State, which was granted.

Ironically, much of the steel to be used for the Keystone pipeline had already been manufactured outside the U.S. by Abramovich’s company Evraz, and was sitting in a field in North Dakota waiting to be used once Trump “green lighted” the project. Evraz had lobbied heavily against provisions that would have mandated that all of the Keystone steel be made in the U.S., and they got their wish when Trump’s executive order contained enough “wiggle room” to ensure that all of Evraz’s foreign manufactured steel was used on the pipeline. Just to be doubly sure, Trump spokesperson Sarah Huckabee Sanders announced on March 3, 2017 that Trump’s executive order requiring that U.S. steel be used on U.S. pipelines only applied to new pipelines, not those already under construction. This “clarification” meant that the Keystone pipeline was completely exempted from the executive order.

In March 2017, Jared, Ivanka, and their family took a ski vacation to Aspen, Colorado. There were some grumbling emanating from the White House to the effect that Kushner, as one of Trump’s senior advisors, should not have been off skiing in Aspen while Trump’s health care  agenda was going up in flames in Congress.

As it turned out, however, Kushner’s trip to Aspen was not completely a vacation. Roman Abramovich and his wife just happen to own a chalet in Aspen, and the two couples just happened to arrive in Aspen on the same day (March 18th). Although there were no photographs of the two families together in Aspen, it is reasonable to assume that – given the closeness of the relationship between the two families – Jared and Roman found some quality time together to close the Keystone pipeline steel deal and cover other business matters of mutual interest.

Thus Kushner, like his father-in-law, has a longstanding history and close affinity for Russian oligarchs who operate within Putin’s inner circle. At the same time, Kushner has had a longstanding suspicion (if not outright hostility) to federal law enforcement agencies and the media who, in his view, hounded his father out of the family business and into prison. It must have seemed perfectly natural, therefore, for Kushner to want to communicate directly with the Russians, out of sight from the media and unfettered by federal law enforcement/intelligence agency “interference.”

 

THE KUSHNER-FLYNN “BACKCHANNEL” LINK TO PUTIN AND HIS RUSSIAN COHORTS WAS PART OF THE PLAN FROM THE BEGINNING, NOT THE PRODUCT OF SOME NAÏVE IMPULSE OR “CRAZY IDEA”

Some commentators have concluded that the extraordinary proposal by Jared Kushner and Michael Flynn to Russian Ambassador Kislyak made on December 1 or 2, 2016 at Trump Towers must have been either “naïve” or “just a crazy idea.” It was neither.

The proposal hatched by Kushner and Flynn – to establish a backchannel communications network with Moscow using the secure facilities at the Russian embassy or consulate — was part of a carefully thought out plan that Flynn had been working on for months, and with which Kushner was in full agreement.

Both Kushner and Flynn viewed the U.S. intelligence community – and indeed all U.S. law enforcement agencies and virtually the entire federal government – with deep suspicion, if not animosity. Conversely, they both viewed Russia as their friend and ally, not as a hostile foreign power. They each had their own different personal, ideological and business reasons that led them to this same startling conclusion, but they both ended up in the same place nonetheless: in a room with the Russian Ambassador discussing a scheme to deceive and circumvent the entire U.S. intelligence/law enforcement apparatus.

President Obama had fired Flynn as the Director of the Defense Intelligence Agency (DIA) after Flynn had shown an alarming degree of coziness with Russian intelligence services, particularly the FSB, for the ostensible reason of trying to enlist Russian cooperation in the fight against ISIS in Syria and elsewhere. Flynn spent a day at FSB headquarters in Moscow and otherwise started to act as if the Russians were our closest friends, not a hostile power on which we had imposed highly restrictive sanctions after carving off a large slice of Ukraine for itself and otherwise threatening the peace and tranquility of most of Eastern Europe. Flynn just didn’t get it, and so he had to be sacked.

Unrepentant, Flynn flouted the law by accepting a paid speaking engagement at a Russian dinner sponsored by RT (Russia Today), Russia’s primary state-sponsored propaganda outlet, and dining with Putin himself. He also accepted fees from at least one other Russian company within Putin’s inner orbit, without getting prior approval from the U.S. Defense Department, as was required for any retired U.S. military personnel.

But it wasn’t just about the money for Flynn, although the Russian cash was a nice supplement to his modest military pension. One way or the other, Flynn had come to the world view that Russia, as a primarily Christian nation, was America’s greatest potential ally in what he considered to be the developing apocalyptic battle with radical Islamic terrorism, and with Islam itself. When America finally woke up from its stupor and realized that its true enemy was Islam, not Russia, Flynn would be ready to help lead the country back to the true path – the protector of Western Civilization itself — and onward to its ultimate destiny.

Jared Kushner’s affinity for Russia, and suspicion of the FBI and federal law enforcement in general, was not ideologically based, but it was equally strong. As a young man of 23 he had suffered the indelible trauma of seeing his beloved father arrested, prosecuted, convicted and imprisoned on what he believed to be bogus charges. The conspiracy theory on which the federal prosecutors (under then U.S. Attorney Chris Christie’s leadership) convicted the senior Kushner involved lurid details of hired prostitutes and family intrigue that provided almost daily fodder for the New Jersey and national press.

Jared had suffered the embarrassment and disgrace of seeing his father sentenced to federal prison in Alabama, young Jared was forced to take over the reins of his family’s real estate empire, while dutifully flying down to Alabama each weekend to visit with his father. Even after his father’s release from prison, Jared continued to bear the emotional and psychological scars, viewing the U.S. government as basically a hostile adversary to be kept at arms-length whenever possible, especially when it came to family matters. With his marriage to Ivanka, the Kushner and the Trump organizations came together very neatly, much as if two Mafia families had forged an alliance through marriage.

Jared’s affinity for all things Russian was for commercial reasons, not psychological. He had seen that Russian money had come “pouring in” (in the words of Donald Trump, Jr.) to the Trump Organization just when it was in danger of collapsing after four successive casino bankruptcies in Atlantic City, New Jersey. The major banks financing the Trump casinos had taken a major financial bath as a result and had lost their appetite for further financing of Trump’s ill-conceived ventures.

Fortunately for Trump and his organization, Russian, Ukrainian and Central Asian oligarchs had billions of dollars looking for safe havens in the West to park their money, and Russian organized crime was always looking for friendly real estate developers to help them launder their ill-gotten gains. The Trump Organization was more than willing to accommodate them. Many of the original purchasers of condos in Trump Tower and other Trump projects hailed from Russia and other former Soviet countries, and Trump entered into a close working relationship with Tevfik Arif and his Bayrock organization, which had direct ties to Putin’s inner circle and Russian organized crime, which by that time had largely merged into one large state-sponsored criminal political organization.

For Trump and his son-in-law Jared, therefore, Russia was actually the savior of their real estate empire, and Russian money was the lifeblood that kept their luxury real estate projects going, one after the other. The model was simple: build a luxury condominium complex in New York or South Florida and they will come, with their hundreds of millions. When Trump built his Sunny Isles Florida towers just north of Miami, the business plan was to market the condos directly in Moscow, St. Petersburg, the French Riviera and other locales where the Russian super-rich congregated. A virtually impenetrable labyrinth of LLCs and shell companies was formed to disguise the identities of the true owners, who could then purchase the units with millions of dollars in cash of unknown or questionable origin – no questions asked.

The effusive warmth that Trump showered on Putin and all things Russian during the campaign may have been surprising to many, but not to Kushner, Flynn and those who knew that the financial fate of the Trump Organization was largely in the hands of the Russians, and that if Putin directed that Russian financing be pulled out, the Trump ship would quickly founder and then sink, virtually without a trace. Trump’s destiny was inextricably linked with that of Putin, and Trump was intent from the beginning that Putin know that he would be a loyal and faithful ally of Russia in the unlikely event that he was to be elected as President, and that the crippling sanctions imposed by the U.S. and its Western European allies would quickly be lifted.

At first, Flynn and Manafort were the primary conduits between Russians and the Trump Campaign, and they delivered a tangible reassurance to the Russians by ensuring that the plank in the Republican National Platform be watered down, so that it omitted any reference to a U.S. intention to provide defensive military equipment to Ukraine, which had suffered the annexation of Crimea and was being pressed by pro-Russian separatist and Russian special forces in eastern Ukraine and desperately needed military equipment and spare parts from the U.S.

Then came the tightening of U.S. sanctions by the Obama Administration, at least in part due to the growing conviction by U.S. intelligence agencies that Russia was actively trying to interfere with the 2016 Presidential elections through a sophisticated propaganda and data analytics campaign, which flooded Facebook and other social media platforms with disinformation and fake news stories that were both directed at undercutting the Clinton campaign and promoting Candidate Trump. This effort was closely coordinated with Julian Assange and WikiLeaks, which by then was little more than an arm of the Russian intelligence services for the purpose of the strategic release of tens of thousands of pages of documents hacked from the DNC, the Clinton Campaign, and other sources designed to inflict the maximum damage on Clinton and the Democrats.

Flynn was quickly dispatched by the Trump Campaign to assure Kislyak and the Russians that the anti-Russian tide would shift if Trump were to be elected, and that sanctions would be quickly lifted. In response, Putin and the Russians showed remarkable restraint in response to the expulsion of 35 of their spies operating in the U.S. under diplomatic cover and the further tightening of U.S. sanctions. They uncharacteristically announced that they would wait until after the election before deciding on a response. In other words, if Putin’s nemesis Hillary Clinton were to be elected as President, then Russian would retaliate in kind. If Donald Trump were to be elected, they would wait and see if he made good on his promises –conveyed through Flynn, Manafort (and to a lesser extent by Carter Page) – that U.S. would be lifted.

Jared Kushner also played a key – but heretofore lesser known role – in the successful Russian/Trump collaboration that essentially turned over the keys to the White House to a hostile power for the first time in American history.

Jared had dabbled in data analytics and “micro-targeting” efforts in the marketing of his family’s luxury condominiums, and he became the point man in the Trump Campaign for merging the campaign’s relatively anemic outreach efforts on social media with the sophisticated data analytic techniques of Cambridge Analytica (CA). CA, a Robert Mercer-owned company that originally worked for the Presidential campaign of Senator Ted Cruz until Mercer moved his considerable hedge fund resources in favor of Trump, had developed an approach that succeeded in “weaponizing” social media political efforts with the use of individually-based psychological profiling of voters that made the pro-Trump or anti-Hillary messaging virtually irresistible. Cambridge Anaytica’s parent company in the U.K. – Strategic Communications Laboratories (SCL) — had helped engineer the upset vote in favor of Brexit that led the UK out of the European Union.

Under the watchful eye of Jared Kushner, and with the assistance of Steve Bannon, who moved over to the Trump Campaign from Breitbart News, another Mercer-owned entity, Cambridge Analytica developed a sophisticated marketing strategy that closely paralleled – and indeed mimicked – the already established efforts of hundreds of Russian-financed “trolls” (computer operators) who were flooding American social media platforms with fake sites posing as “grassroots organizations” spewing Russian disinformation and fake new stories plucked from Breitbart News, Alex Jones’ Infowars or other alt-right media outlets. Both the Russian-backed operators and their parallel U.S.-based allies within the Trump Organization and its data analytical contractors –such as CA – were able to micro-target voters in key voting precincts in key battleground states (e.g. Michigan) with laser precision because they had available to them huge databases of publicly available information on virtually every man, woman and child in the U.S., as well as critical voter rolls that had been hacked by the Russians and – possibly – shared with the Trump Campaign to help them micro-target their efforts to reach voters in key precincts that would prove to provide the decisive edge on election day.

When the Washington Post and other news organizations recently reported that Jared Kushner was a “person of interest” with regard to the FBI’s investigation of possible collusion between the Trump Team and the Russians, most of the focus was on the aborted plan to open a back channel line of communication with the Russians. However, the much more significant activities that Kushner engaged in had to do with the significant – and possibly decisive – coordination between the Trump Campaign’s social media campaign and that of their Russian counterparts. Of particular interest to the FBI is the uncanny speed with which the Trump Campaign was able to capitalize on the WikiLeaks data dumps of thousands of pages of DNC/Clinton Campaign documents, raising the suspicion – if not probability – that the Trump Campaign had been given advance copies of the key documents or their metadata, so that these purloined documents could be utilized almost instantaneously once the Russians/WikiLeaks publicly released them. Indeed, some of the “chatter” that the FBI is undoubtedly looking into is that one of the biggest fears that the Trump Campaign had was that someone would “jump the gun,” and that information from the WikiLeaks documents would be used by campaign operatives before the official release date by WikiLeaks.

Jared Kushner should thus be questioned under oath by the Senate Intelligence Committee and by the FBI on a wide range of subjects, not just his inexplicable omission of reference to his Kislyak meetings on his security clearance forms. During the Transition, Kushner also apparently had undisclosed meetings with Putin-crony Sergey Gorkov, the head of the Russian state-owned Vnesheconombank  (VEB) and former deputy chairman of Sberbank, Russia’s largest state-controlled bank.

Since Kushner (like Flynn) was still a private citizen during the transition period, he is subject to criminal prosecution under the Logan Act (1 Stat. 613, 18 U.S.C. § 953), which prohibits an unauthorized United States citizen from negotiating with foreign governments having a dispute with the United States.  He may be also liable under the Espionage Act, which the Obama Administration aggressively used – to the general applause of Republicans – for the leaking of national security secrets by Chelsea/Bradley Manning, NSA operative Eric Snowden and others.

Kushner must also account for his role as the chief coordinator of the Trump Campaign’s data analytics and social media campaign, and how it came about that it so closely mimicked and paralleled the Russian-backed political efforts that were virtually choreographed with the WikiLeaks disclosures of illegally-hacked documents.

In the meantime, Kushner’s top-secret security clearance should be suspended pending further investigation. Many U.S. intelligence operatives and officials have had their clearances suspended for completely inadvertent omissions from their security clearance forms of meetings that they had with government officials from friendly and even allied foreign governments or the omission of personal financial information.

In Kushner’s case (as well as that of Flynn), the failure to make the necessary disclosures was far more serious – and indeed sinister – since it is impossible to believe that such omissions were “inadvertent.” It is unreasonable to believe that Kushner somehow “forgot” to disclose highly sensitive meetings with the Russian Ambassador or a chief Russian banker about highly significant matters, whether it be about the lifting of sanctions, possible Russian loans to the Kushner/Trump real estate empire, the establishment of an unprecedented backchannel communications line with the Kremlin, or other matters. No matter what was discussed, such contacts with Russian officials should have been disclosed, and the failure to do so is strong evidence of an intent to deceive U.S. law enforcement/intelligence officials, and evidence of a guilty mind.

The smell of Treason is truly in the air, and all appropriate steps must be quickly taken to deprive Kushner of any further access to America’s secrets pending further investigation and to ensure that the wheels of justice swiftly turn. Never before in American history has the White House been potentially infested by collaborators with a hostile foreign power, and never since General Benedict Arnold secretly swore allegiance to the Crown and became a British spy has the Republic been so threatened.

THERE IS ALREADY A SOLID BASIS FOR CONGRESS TO INITIATE IMPEACHMENT PROCEEDINGS AGAINST TRUMP

After the sudden firing of FBI Director James Comey for what Trump as much as admitted to Lester Holt of NBC was an effort to stop the FBI’s investigation of possible collusion between Russia and the Trump Team, and after telling the Russian Foreign Minister that he believed that Comey was a “nut job” and that his firing would make the Russian/Trump investigation go away, there is now a solid basis for the impeachment and removal of Trump from the Presidency.

Rep. Maxine Waters (D-Calif.)  announced in April 2017 that she will “fight every day until he is impeached.” A few weeks later, Sen. Richard Blumenthal (D-Conn.) said that Trump’s actions “may well produce impeachment proceedings.” Other Democrats quickly followed, as well as some Republicans. Rep. Justin Amash (R-Mich.) was asked by reporters on Wednesday, May 17, 2017, whether he believed that Trump’s actions if reports were true — that Trump asked Comey to drop his investigation of former national security adviser Michael Flynn – whether such actions were grounds for impeachment. Rep. Amash responded, “yes.”

More recently, Congressman Lieu (D-Calif.), an attorney who practiced law while he was an Air Force JAG officer, announced that he is researching the issue of impeachment and is studying the Congressional Research Service’s excellent 2015 work entitled “Impeachment and Removal.”

The Trump White House is taking the possibility of impeachment proceedings seriously, and it has been reported that Trump’s private attorney and occasional spokesperson, Michael D. Cohen, has been at the White House assembling a team of lawyers to work on the impeachment issue.

If impeachment proceedings were commenced, they would first be considered in the House Judiciary Committee, of which Congressman Lieu is a member. In order for impeachment proceedings to be commenced against President Trump, a majority of the Judiciary Committee’s 4o members would have to vote in favor of impeachment before articles of impeachment were brought before the full House for a vote. Given the current make-up of the House Judiciary Committee (there are 23 Republican members and 17 Democrats), this would require only four Republicans to join the Democrats on the Committee in voting in favor of impeachment.

If a majority of the House favored impeachment of the President, the matter would then go to the Senate for a trial, which would be presided over by Chief Justice John G. Roberts Jr. Two-thirds of the Senate would have to vote in favor of conviction for Trump to be removed from office.

There is already a substantial basis for impeachment proceedings of Trump to begin. His firing of Comey and other heavy-handed attempts to interfere with the Russia/Trump collusion investigation constitute an Obstruction of Justice that already far exceeds the obstructions engaged in by the Nixon White House in their failed efforts to quash the Watergate scandal and investigation. Keep in mind, the Watergate break-in was truly a “third-rate burglary,” and even though the ensuing cover-up was clearly an attempt to obstruct justice, the underlying crimes that led to Nixon’s resignation in 1974 and ignominious departure from the White House lawn aboard the Marine 1 helicopter were inconsequential when compared to the magnitude of the crimes that the FBI is investigating regarding Russia’s meddling with our 2016 Presidential election and apparent collusion with several high-level Trump operatives, including Michael Flynn, Paul Manafort, Carter Page, Roger Stone and others. To the extent that Candidate or President-Elect Trump  knew and/or encouraged members of his team to facilitate or collude with Russia and its agents (including WikiLeaks) in its efforts to destabilize America’s democratic institutions and to tip the election scales in Trump’s favor, then Trump is guilty of “Treason” and “High Crimes and Misdemeanors” under the Constitution and should be removed from office.

In addition, to the extent that –since taking the oath of office on January 20, 2017 – President Trump has obstructed the FBI’s investigation into that Trump/Russian collusion, then that adds additional grounds for impeachment.

Only two Presidents have been impeached, but the charges against them were relatively minor as compared to the potential Treason charges to which Trump may be subjected. In 1868, President Andrew Johnson was impeached for attempting to replace his secretary of war, Edwin Stanton, without congressional permission. After impeachment by the House, he escaped being removed from office by a one-vote margin in the Senate. President Bill Clinton was the second president to be impeached during the Monica Lewinsky scandal of 1998. As much as Clinton’s conduct tarnished the office of the Presidency, even if he had been convicted in the Senate on the perjury and obstruction of justice charges for which he was impeached by the House (he was not), no one but the most zealous of his political enemies could have thought that Clinton’s prevarications regarding Ms. Lewinsky and her infamous dress threatened the fundamental pillars of our democracy.

Trump and his motley crew are truly in a league by themselves. At no time in American history have we had a President and his senior staff so eager to make a deal with a hostile foreign power in return for the keys to the White House, and at no time since the War of 1812 has a foreign power so threatened our democracy by mounting a direct attack on the American Homeland. While the burning of the U.S. Capitol and the entire city of Washington, D.C. by British troops on August 24, 2014, was a dark day in American history, no one ever alleged that the President of the United States or any of his administration colluded with the British.

In contrast, Trump gleefully invited WikiLeaks (and by inference the Russians) to violate U.S. criminal laws by hacking into Hillary Clinton’s emails and otherwise wreaking havoc on the American body politic during the 2016 Presidential campaign. He also surrounded himself with senior advisors – including Flynn, Manafort, Page and Stone – who he knew or should have known either had close ties with Russian or pro-Russian operatives, or were so totally lacking in political or moral scruples that they would do absolutely anything to advance the Trump cause or to subvert the Clinton campaign, regardless of the collateral damage that would be done to American security or democracy.

The stench of Treason and Obstruction of Justice is already permeating the White House and spreading rapidly. As Special Counsel Mueller and the Congressional committees continue their investigations, there is already more than enough evidence for the House Judiciary Committee to open an impeachment investigation. Our country deserves no less.

WHY MICHAEL J. FLYNN SHOULD NOT BE GIVEN IMMUNITY

Mr. Flynn’s lawyer, Robert Kelner, recently issuing a tantalizing public statement as part of an aggressive lobbying campaign to obtain immunity for the former national security advisor: “General Flynn certainly has a story to tell, and he very much wants to tell it, should circumstances permit.”
While Flynn may have a story to tell, his sworn testimony would come at far too high a price if either Congress or the Justice Department were to grant him immunity in return for it. There are numerous reasons for this, and the indications that neither the House or Senate Intelligence Committees are jumping at the opportunity to immunize Flynn and thereby secure his testimony is an extremely positive development. Here’s why.
1. Flynn Is Too High Up In the “Food Chain.”
As a former senior Trump Campaign official and as the National Security Advisor to President Trump (albeit for only 28-days), General Flynn is a very high government official, and an immunity grant to him at this early stage of the investigation would violate one of the cardinal rules of any federal investigation. Absent extraordinary circumstances, immunity should only be granted to a subject or target of an investigation if he or she has credible evidence of criminal conduct by someone higher-up in the in the criminal conspiracy or racketeering organization. Immunity, therefore, is usually only offered to low-level players in order to “flip” them and obtain their sworn testimony against more prominent figures higher up in the criminal organization.
With the possible exception of President Trump and Vice President Pence, Mr. Flynn was at the top of the pyramid, at least during his short tenure in the White House. And there is no indication that VP Pence played any role in the Team Trump/Russian cabal. This leaves President Trump as someone who Flynn could implicate in his “story,” but there is absolutely no reason to give Flynn an “immunity bath” just because we are all curious to hear what he might say about the President. In all likelihood, everything will be disclosed in due time, with or without Flynn’s testimony.
2. Flynn Probably Doesn’t Know Much More Than What Has Been Publicly Disclosed.
Unlike Paul Manafort, whose ties to Russian and pro-Russian oligarchs goes back for more than a decade, General Flynn came fairly late to the “let’s play footsie with the Russians” game as a member of Team Trump.
The major tip-off that Flynn does not really have much more information that would be of interest to Congress or the Justice Department is that his lawyer took the unusual step to publicly announce that Flynn was seeking immunity. Usually, if a defense counsel has some real “smoking gun” information to offer up to government prosecutors in return for a grant of immunity to a client, they set up a closed-door, confidential meeting with the prosecutor, sit down, and go over the “proffered” testimony of the witness in great detail. Either Flynn’s lawyers had already gone down this path and had hit a dead end before issuing their press release, or Flynn did not really have much high value information to share in the first page, so the only available option was to create a media-hype that would stampede one or both of the Congressional committees into giving Flynn immunity in return for the promised “story.”
Flynn’s first major involvement with the far-flung Kremlin propaganda machine came in December 2015 where, less than a year after resigning from the U.S. military, Flynn showed up in Moscow at the 10th Anniversary Gala of Russia Today (RT), an arm of the Russian security apparatus. Flynn sat next to Vladimir Putin at this festive event and, overwhelmed with enthusiasm at being so honored as to be assigned o Putin’s table, jumped up to lead the well-heeled crowd in a rousing standing ovation for this Great Russian Autocrat.
Flynn was paid generously for his services, receiving over $67,000 from RT and three other Russian companies with close ties to the Kremlin. As if this was not enough of a red flag, Flynn apparently did not get clearance for his Moscow trip or these payments from the Pentagon, thus exposing himself to all sorts of possible disciplinary and criminal sanctions.
Then there was the now-famous December 2016 phone calls with the Russian Ambassador, which Flynn discussed the possibility of a Trump Administration lifting or at least easing sanctions against Russia. Flynn then lied to VP Pence about these phone conversations, resulting in the embarrassing situation where Pence was duped into making misleading statements to the press regarding Flynn’s contacts with the Russians. Even though he had been the DIA Director, Flynn either didn’t know or forgot that U.S. intelligence agencies monitor the phone conversations of high-level Russian officials in this country, and that it was likely that his conversations with the Russian Ambassador would be recorded. The transcript of Flynn’s fateful phone calls ended up on the desk of Acting Attorney General Sally Yates, who warned the White House that Flynn could be compromised by the Russians since he was spreading false and misleading stories about his contacts with the Russians. Shortly after the story broke, Flynn was forced to resign.
In all likelihood, before the truth came out, Flynn also lied about his conversations with the Russian Ambassador to the FBI, which is itself a federal crime under Title 18 of the United States Code, Section 1001, even though he was not place under oath at the time. If so, this would be a “slam dunk” of a prosecution since all a federal prosecutor would only have to introduce two pieces of evidence in order to get a criminal conviction: (a) the transcript of the phone conversation between the Russian Ambassador and Flynn, and (b) the transcript or notes of the FBI’s interview with Flynn. Case closed. Flynn would then be sentenced to up to five years in prison, although the sentence would probably be on the lighter side if he decided to then tell his full “story” without immunity.
Flynn also has criminal exposure for his retroactive registration as a foreign agent for the Turkish government, while, at the same time, serving as a top advisor to the Trump Presidential campaign. The $64,000 question is why Flynn waited until after he had been terminated as the national security advisor before properly registering and informing Trump and other senior officials: “Oh, and by the way, I am working as an agent for a major foreign power; that’s OK, right?” Flynn also failed to timely disclose that his former consulting firm earned $530,000 in 2016 from a Dutch entity with ties to the Turkish government. What’s his explanation: “I was very busy at the time and just plain forgot.” Not very convincing.
3. History Teaches Us that It is Virtually Impossible to Prosecute Someone After Even a Limited Grant of Immunity

Even if Flynn were to be given limited “use” immunity, as opposed to “transactional immunity,” he could theoretically still be prosecuted under the federal criminal law based upon evidence that is totally independent of the evidence he may provide under oath through his own testimony. However, in practical terms, it would be virtually impossible to prosecute Flynn for any serious criminal offenses he may have already committed once he was granted “use” immunity by either Congress or the Justice Department. History has already proved this point.
On July 20, 1980, the United States Court of Appeals for the District of Columbia vacated all three of Oliver I. North’s Iran-contra felony convictions and overturned his conviction for having destroyed classified documents while he served as an aid to the National Security Council under President Ronald Reagan. The major factor leading to this reversal was concern that North’s conviction had been tainted by testimony he had given to Congress on the promise that it would not be used against him.
In the summer of 1987, North, a former Marine Corps Lieutenant colonel who was alleged to have played a key role in getting arms from Iran to be delivered to the right-wing “contras” in Nicaragua, and his boss, John M. Poindexter, the national security advisor, had been given “use” immunity by Congress in return for his sworn testimony. This use immunity agreement had been made by Congress over the objections of independent special prosecutor, Lawrence M. Walsh, and without consultation with the Justice Department.
Similar to the current calls for an immunity agreement with Flynn — based upon the argument that the country and the public urgently needs to immediately know the whole truth about any possible collusion between the Trump Team and the Russians — there was a strong impetus by Democrats during the Reagan Administration to push the Congressional inquiry into President Reagan’s Iran-contra policies as vigorously as possible. Congressional Democrats wanted to get the public testimony of such high-profile witnesses as Oliver North, the assistant to then-National Security Advisor John Poindexter. North usually showed up for public appearances decked out in his spiffy Marine Corp uniform, and never disappointed in given dramatic testimony. The temptation was too much for publicity hungry members of Congress, and the testimony of North and Poindexter was unquestionably the high point of the hearings. Indeed, it was great theater, and many Americans, including myself, remember watching North testify before Congress.
However, the cost for such a spectacle was very high. By immunizing North and Poindexter, the Justice Department’s investigation and later prosecution of them was crippled from the start. The Justice Department invested a tremendous amount of time and money in prosecuting North and Poindexter, only to have those convictions overturned because of the prior immunity grants that they had been given by Congress. The government’s burden of establishing that the evidence used to convict North and Poindexter was completely unrelated to their Congressional testimony was an impossibly high one, and the government was unable to meet it, as the federal appeals court later determined in July 1990.
4. Immunity for Flynn Would Send the Wrong Message
Flynn’s legal predicament is entirely of his own making. Remember his chants of “Lock her up, lock her up” at the Republican National Convention in Cleveland last summer? Remember his clenched jaw and sense of total outrage over the fact that a former Secretary of State had stored confidential data on a less-than-completely-secure server and was still walking around free, and even having the temerity to run for the Presidency? Remember his rants about the five Clinton aides who had been given immunity as part of the FBI investigation, speculating that they must have been involved in criminal conduct if they or their lawyers felt that they needed immunity?
Turnabout is not only fair play, but it provides an important “teaching moment” for the all of us. One of the fundamental ethical principles of our great society is that each person must take responsibility for their own words and their own actions. President Harry S. Truman had his now-famous saying on his desk in the Oval Office: “The buck stops here.” The Trump Administration seems to have gotten a new motto: “If you can pass the buck, do so, and there will be no adverse consequences.”
Flynn is on record as believing that if someone asks for immunity, they must be guilty of something. He has now asked for immunity, so he must believe that he is guilty of something. Whatever that “something” is, a full and fair investigation should be completed by the relevant Congressional committees and the FBI/Justice Department. What Flynn has to say about it right now is largely irrelevant, since has already ventilated his views in numerous lengthy interviews with reporters. Hearing his story once again under oath in a public forum would be interesting, but probably not very enlightening. If he wants to “give up” the President, there will be plenty of time for him to share his story with us after the criminal investigation and possible prosecution has run its course.
The only rational decision for Congress and the Justice Department to make – at least in the short term – is to just say “No.”

THE FBI CONFIRM THAT IT ALREADY HAS AN ONGOING INVESTIGATION OF TRUMP AND HIS RUSSIAN CONNECTIONS

FBI Director James Comey has been applying a double standard when it comes to publicly confirming whether the FBI has active investigations relating to the two major Presidential candidates. He recently sent an intentionally cryptic letter to Congress announcing that the FBI was reviewing some new email that had not yet been reviewed, but which may or may not be relevant to Hillary Clinton and her use of a private email server. These new emails may turn out to be something significant to federal law enforcement, or it may turn out to be nothing. Director Comey doesn’t know at this point, and he clearly indicated that it is unlikely that the significance (or not) of these new emails will be clarified prior to election day. The Trump Campaign predictably pounced on Comey’s letter and interpreted it as a message from the FBI that it would be reopening its investigation of Secretary Clinton and certain of her staff members for misuse of classified documents.
On the other hand, Director Comey has absolutely refused to confirm the FBI’s ongoing investigation of Trump and some of his top aides for various unlawful activities, including having actively communicated and colluded with Russian and pro-Russian operatives to illegally influence this year’s Presidential election. Director Comey has even declined to say whether FBI agents had sought to speak with or had interviewed Trump former campaign chairman Paul Manafort, or his deputy, Rick Gates, even though it is widely known throughout the law enforcement and intelligence communities that there is an active FBI investigation of Manafort, Gates and others for money laundering and other illegal activities ever since documents surfaced in Kiev, Ukraine in August 2016 showing that Manafort had received over $12 million in cash from the pro-Russian former President of Ukraine, Viktor Yanukovich.
Although not yet specifically asked, it can also be assumed that Director Comey would “no comment” if asked about the active FBI investigation into the money laundering activities of the Trump Organization with regard to the huge influx of cash into that Company from Russian and Eastern European sources, including money provided by known international financial criminals and organized crime racketeers. The Trump Soho project in lower Manhattan was largely financed by illegally-obtained cash from Russia and several former Soviet Republics, and Trump specifically marketed his Sunny Isles, Florida apartment units in Moscow, St. Petersburg and other venues designed to attract Russian organized crime money, such as the French Riviera. So much tainted Russian money poured into Trump’s Sunny Isles project that the entire area is now referred to a “Little Moscow,” complete with Russian shops, restaurants, and even directional signs.

Here are the facts that should be disclosed by the FBI in the interests of fairness: There has been an active FBI investigation of the Trump Campaign and several of its senior officials since at least mid-June 2016, when it became publicly known that the DNC computers were hacked by suspected Russian operatives. This FBI investigation further intensified when Paul Manafort was forced to resign at Trump’s campaign manager on August 19, 2016, after it was disclosed that he had received at least $12.7 million in cash from the former pro-Russian President of Ukraine, Viktor Yanukovich, who was forced out of office in February 2014 and fled to Moscow, where he is still under the protection of President Vladimir Putin.
Less widely publicized – but well known to Manafort and the FBI at the time of Manafort’s resignation — was the fact that Manafort, Rick Gates (the Deputy Chair of the Trump Campaign) and Brad Zackson , a former manager in the Trump Organization, had been using various U.S. and offshore bank accounts to launder money for a pro-Russian Ukrainian oligarch by the name of Dimitri Firtash. Mr. Firtash was ultimately indicted by the United States Attorney’s Office for the Northern District of Illinois (Chicago), although efforts to extradite Firtash from Vienna, Austria proved to be unsuccessful.
I am very familiar with these investigations since much of the evidence relating to these money laundering activities was obtained by my law firm as part of a civil RICO investigation, and then provided to the FBI. Over the past several months, at least two FBI agents have been assigned to work in Kiev, Ukraine and are coordinating with a Ukrainian anti-corruption task force in their further investigation of, among other things, Manafort, Gates and others affiliated with the Trump Campaign.
Normally, I would refrain from commenting on an ongoing investigation by the FBI that I was aware of, since the public disclosure of such an investigation could lead the target or targets of that investigation to take steps to obscure the trail of suspicious banking transfers, or to move their money to a more secure location beyond the reach of U.S. law enforcement. However, in these cases, the targets of the investigations, including Manafort, Gates, Epshtyn and Trump himself are well aware that they are the subject of ongoing FBI investigations, so public disclosure should not impair those investigations. Moreover, the American public is entitled to know as much about the FBI ongoing investigations into Trump and his chief advisors before they go to the polls, even though Director Comey has already damaged the electoral process by only disclosing the details regarding the FBI investigation of one of the Presidential candidates, while refusing to even acknowledge that there are far more serious investigations of the Trump Campaign and its various operatives.