The Mercury News Weekend

Former national security adviser tells FBI he did not discuss U.S. sanctions.

Intelligen­ce agencies intercepte­d calls that dispute that claim

- By Sari Horowitz and Adam Entous

WASHINGTON — Former national security adviser Michael Flynn denied to FBI agents in an interview last month that he had discussed U.S. sanctions against Russia with that country’s ambassador to the United States before President Donald Trump took office, contradict­ing the contents of intercepte­d communicat­ions collected by intelligen­ce agencies, current and former U.S. officials said.

The Jan. 24 interview potentiall­y puts Flynn in legal jeopardy. Lying to the FBI is a felony offense. But several officials said it is unclear whether prosecutor­s would attempt to bring a case, in part because Flynn may parse the definition of the word “sanctions.” He also followed his denial to the FBI by saying he couldn’t recall all of the conversati­on, officials said.

Any decision to prosecute would ultimately lie with the Justice Department. A spokesman for Flynn said he had no response. The FBI and the Justice Department declined to comment.

Flynn spoke to Russian Ambassador Sergey Kislyak following Trump’s election and denied for weeks that the December conversati­on involved sanctions the Obama administra­tion imposed on Russia in response to its purported meddling in the U.S. election. Flynn’s denial to the FBI was similar to what he had told Trump’s advisers, according to the officials who spoke on condition of anonymity because of the sensitivit­y of the matter.

In a recent interview with the Daily Caller, Flynn said he didn’t discuss “sanc- tions” but did discuss the Obama administra­tion’s expulsion of 35 Russian diplomats it said were “intelligen­ce operatives.” The move was part of the sanctions package it announced on Dec. 29.

Earlier, in an interview with The Post, he denied discussing sanctions but later issued a statement saying “that while he had no recollecti­on of discussing sanctions, he couldn’t be certain that the topic never came up.”

Trump asked for Flynn’s resignatio­n Monday night following reports in The Washington Post that revealed Flynn had misled Vice President Mike Pence in denying the substance of the call and that Justice Department officials had warned the White House that Flynn was a possible target of Russian blackmail as a result.

Two days after the FBI interview, then-acting Attorney General Sally Yates and a career national security official informed Donald McGahn, Trump’s White House counsel, about the contents of the intercepte­d phone call in a meeting at the White House. Yates and other officials were concerned that Russia could not only exploit the mischaract­erization of the call — which Pence had repeated on nationwide television — but also did not think it was fair to keep Pence in the dark about the discrepanc­ies, according to officials familiar with their thinking.

Senior officials who have reviewed the phone call thought Flynn’s statements to Kislyak were inappropri­ate, if not illegal, because he suggested that the Kremlin could expect a reprieve from the sanctions.

At the same time, officials knew that seeking to build a case against Flynn for violating an obscure 1799 statute known as the Logan Act — which bars private citizens from interferin­g in diplomatic disputes — would be legally and political daunting. Several officials said that while sanctions were discussed between Flynn and Kislyak in the December call, they did not see evidence in the intercept that Flynn had an “intent” to convey an explicit promise to take action after the inaugurati­on.

“It wasn’t about sanctions. It was about the 35 guys who were thrown out,” Flynn told the Daily Caller in an interview just before he resigned and published Tuesday. “So that’s what it turned out to be. It was basically, ‘Look, I know this happened. We’ll review everything.’ I never said anything such as, ‘We’re going to review sanctions,’ or anything like that.”

 ?? NICHOLAS KAMM/AGENCE FRANCE-PRESSE VIA GETTY IMAGES ?? Former National Security Advisor Mike Flynn resigned Monday after President Donald Trump said he had misled Vice President Mike Pence about the conversati­ons he had with Russians during the campaign.
NICHOLAS KAMM/AGENCE FRANCE-PRESSE VIA GETTY IMAGES Former National Security Advisor Mike Flynn resigned Monday after President Donald Trump said he had misled Vice President Mike Pence about the conversati­ons he had with Russians during the campaign.

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