Evening. And the Rachel Maddow show starts right now. You. Just lived my nightmare. I know. This was going to come out while i was live on the air. Your staff had a betting pool on it. We did. Whoever won the betting pool was supposed to get tacos. You got tacos anyway. We got tacos for everybody at 8 00 anyway. I couldnt wait any more. It worked, because i got it. We brought the tacos, we did not bring your staff any tacos, well make that up to you tomorrow. Usually when i start this show at 9 00 p. M. Eastern, i have a script that i have written because there are things in the news that i would like to tell you about. Tonight there is no script because im going to go through what we just learned from the special Councils Office, im going to go through it with you,
basically as i am learning this. This just came out within the last 30 minutes, god bless chris hayes who was able to very ably digest this, handle, go to the i think the key elements of it right away, bring in lots of Expert Guests in order to explain what this meant. We have had this for less than a half hour, and i feel like this is the kind of document, the Sentencing Document which has been filed by the special Councils Office tonight in the case of Michael Flynn, who was Trumps National security adviser. This is the type of document that is available and sort of readily accessible to all of us who do not have law degrees. I want to go through what weve just learned, what weve just received from muellers office. Ill tell you how i understand it, and what i think that muellers office is telling us, with this document. As we go through it. But then only after we have gone through this material are we going to bring in some experts
who are taking their own look at it, people who do have law degrees, people who have worked in the Justice Department, who have worked on criminal cases like this, and some Senior Security reporters who have been following the case of mike flynn since it broke. Let me show you what we just got, it really is just in. Its dated today, the United States of america versus michael t. Flynn, hes the defendant. Its the governments memorandum in aide of sentencing. On december 1st, 2017, the defendant pled guilty to one count of making materially false statements to the fbi. As calculated by the u. S. Probation office, the applicable total Defense Level is 4. Resulting in an advisory Guideline Range, meaning sentencing range of 0 to 6 months. That does not account for a downward departure pursuant to United States sentencing guidelines, reflecting the defendants substantial Assi Assistance to the government. This is our first indication right at the top of the Sentencing Memorandum, that mueller is pleased with what has gone on between his office and mike flynn in the past year and a couple days since flynn pled guilty and agreed to cooperate. Theyre saying a downward departure from the sentencing guidelines is warranted in this case, because of the substantial assistance that flynn has provided to the government. And it continues in that vein, given the defendants substantial assistance, a sentence at the low end of the Guideline Range is appropriate and warranted. A sentence at the low end of the Guideline Range, including a sentence that does not impose a term of incarceration. Mike flynn, former heads of the Defense Intelligence agency, the subject of a lot of intrigue and
a lot of Unanswered Questions in terms of reporting about the russia scandal, the first major figure from the Trump Administration to fall in conjunction with this scandal, off the bat, out of one year of cooperation with the special Councils Office. They are recommending no prison time for mike flynn. Now, thats, of course, not binding. The judge can depart from that, that is what the Special Council is recommending, we get a lot more detail in this document of why. The nature of the offense and the defendants history are set forth below. In addition, the addendum to this memo describes the defendants assistance to the government. Meaning what mike flynn told us. Because the addendum includes Sensitive Information about Ongoing Investigations. The government has filed publicly a redacted version of the document that excludes the Sensitive Information. Thats coming up in a few pages. The addendum is where the special Councils Office explains how flynn has been
helpful, what exactly he has given them information about. And ill show you big pieces of it that are redacted, we get a substantial amount of information. All right, sao this at the Sentencing Memorandum, before we get to what he told the government, we get a rundown of how the government got to flynn in the first place, and why he ended up lying to them. As described in the statement of offense, the defendant made multiple false statements to multiple department of justice entities on multiple occasions. The first series occurred during an interview with the fbi on january 24th, 2017. January 24th, 2017 is not yet one week into the brand new Trump Administration. Trump was sworn in january 20th. Its the First Tuesday that trump was president. Mike flynn was already lying to
the fbi the First Tuesday that trump was president. Quote, at the time of the interview, the fbi had an open investigation into the Russian Governments efforts to interfere into the 2016 president ial election. Days prior to the fbis interview of the defendant, the Washington Post had published a story alleging that flynn had spoken with russias ambassador to the u. S. On december 29th, 2016. The day the u. S. Announced sanctions and other measures against russia in response to that governments actions intended to interfere with the 2016 election. Again, this is right after christmas 2016, so this is after the election, we know that donald trump is the incoming president , but obama is still president. Obama after christmas, during the transition, orders new sanctions against russia to punish russia for what they did to mess with our election. Between christmas and new years,
mike flynn calls the Russian Ambassador, according to the Washington Post and says, hey, hey, hey, dont worry about those sanctions. Were going to have a different attitude toward those sanctions, dont retaliate, et cetera. The Washington Post reports that, that ends up being relevant to the subsequent interview of flynn on that subject. The posts story queried whether the defendants actions violated the logan act which prohibits u. S. Citizens from core responding with a Foreign Government with the intent to influence the Foreign Government. Subsequent to the publication of the post article, members of president elect trumps Transition Team publicly stated they had spoken to the defendant and he denied speaking to the Russian Ambassador about the sanctions. All right, so thats what the fbi is facing, in the first week of the Trump Administration,
its reported in the Washington Post, during the transition, when the u. S. Government was sanctioning russia, mike flynn called them and was like, dont worry about those sanctions. David questions whether 245ez kind of illegal or at least improper. Mike flynn then a private citizen, Shouldnt Be Messing with this dispute that the u. S. And russia have over russia interfering with our election. Thereafter, flynn and other people within trumps Transition Team say that flynn told them that flynn didnt actually have those conversations. That creates a Counter Intelligence worry for the fbi, right . If the Ignacious Column is correct and those conversations happened between flynn and russia, russia knows they happened, they were in on the calls. And if those conversations did happen, and russia knows they happen, flynns lying about them. Thats a Counter Intelligence problem. The fbi handles counter
intelligence issues in the United States. If the National Security adviser of the United States is telling lies about something, trying to cover something up, and russia knows the truth about it, and russia knows hes lying about it, they can lord that over him, right . They can potentially blackmail him with that, they can threaten him to expose that thing, since they know he wants to cover it up. The fbi handles Counter Intelligence measures. They want to find out if what flynn reported is true, given his public statements and his statements to other Government Officials that he didnt do it. Thats why the fbi is interested. Okay. When the fbi interviewed the defendant on january 24th about his interactions with the Russian Ambassador. He falsely stated he did not ask the Russian Ambassador to refrain from escalating the situation in response to the sanctions many and he claimed no
memory of a conversation in which russia had aseeded due to flynns request. In other words, flynn said dont respond to these obama sanctions, dont worry, were going to be different. He has a subsequent conversation with the Russian Ambassador, we didnt respond to those Sanctions Booze you told us not to. Flynn lies about both of those conversations to the fbi. If the fbi is worried about russia having compromised flynn, once they get these false statements from him, not only is he committing another crime by lying to them about it, this is a Counter Intelligence emergency. He has been lying and russia knows it. Having leverage like that over a National Security adviser, thats a catastrophe. In addition the defendant made false statements to the fbi about his prior interactions with the Russian Government, in december 2016, concerning a
pending u. N. Security council resolution. The false statements to the fbi about his contacts with the Russian Government emer sayrery. Two, the requests to the emmissary. Those were all material to the fbis investigation into the nature of any links or coordination of the Russian Government and individuals associated with the Trump Campaign. At this point on january 24th, 2017, mike flynn is three big problems. Hes a felon, because he just lied to them, number two, he has given false statements that are material to a serious ongoing Counter Intelligence investigation. Into how russia interfered in our election. Hes given false statements in conjunction with an on going investigation, hes lied to investigators and he himself is a huge Counter Intelligence and National Security risk because hes compromised. Thats already in place while mike flynn is getting his drapes
measured for his new desk. This is the First Tuesday that trumps in office. Thats the first set of lies. The defendant made a second series of false statements to the doj concerning his contacts with the Republic Of Turkey. Specifically on march 7th, 2017, so this is after hes out of the Trump Administration, but hes so hes been fired or resigned at this point in mid february, hes out and now talking to investigators. On march 7th, flynn made materially false statements in multiple documents that he filed pursuant to the Foreign Agents Registration Act pertaining to a project he and his company had performed for the principle benefit of the government of turkey. They began work on the project in august 2016, soon after a coupe was attempted in turkey. The project lasted three months. August, september, october, maybe november. And the defendant and his company were paid just over half a Million Dollars for their
work. The filings omitted the fact that officials from the Republic Of Turkey, provided supervision over the project. Flynn was a National Security adviser and surrogate for the Trump Campaign. The defendants Business Relationship with the Republic Of Turkey is the type of Information Fara was designed to ensure was within the public sfooer. The purpose of fara is to make sure the United States people are informed of people used to influence Public Policy and what yous. When flynn retroactively filed as a Foreign Agent he omitted material facts from that filing. And the government has become
aggressive on this. This is them sort of pounding their chest a little bit, saying this is what fara is for, so we dont have people in the political sphere who are acting with a foreign entity, without the public knowing the foreign entity is at work here. The president of turkey blamed for the failed coupe in the country. It was a subject of great debate, and flynns op ed about the clerics role was valuable to turkeys efforts to shape opinion. He falsely represented that the op ed was written at his own initiative as opposed to the Republic Of Turkey. Flynns false statements impeded the ability of the public to learn about turkeys efforts to influence Public Opinion about the failed coupe, including its efforts to effectuate the
removal of a person legally residing in the United States. This is materially relevant to what flynn did. This explains one of those oddball stories about flynn, which have been hanging out there ever since he left the Trump Administration, why did he write that Bananas Op Ed In The Hill on election day that called for this turkish cleric to be sent back to turkey. It also relates to current news, because of recent reports that the Trump Administration is once again negotiating to try to send that cleric back to turkey. That is something that mike flynn was being secretly paid to advocate. The Trump Administration has since pursued that same super dodgy aim of its own accord. History and characteristics of the defendant. The defendants history and characteristics present
mitigating and aggravating circumstances. As detailed in the presentence investigation report, the defendants military and Public Service are exemplary, flynn serve in the military for over 33 years, including five years of combat duty. He retired as a threestar lieutenant general. The defendants record of military and Public Service distinguish him from every other person who has been charged as part of the special Councils Office investigation. However, senior Government Leaders should be held to the highest standards. The defendants extensive Government Service should have made him particularly aware of the harm caused by providing false information to the government. As well as the rules governing work performed on behalf of a Foreign Government. The defendant deserves credit for accepting responsibility in a timely fashion and substantially assisting the government, shortly after the special Councils Office reached out to flynn, he accepted responsibility for his unlawful conduct and began cooperating wi