The Mercury News Weekend

Michael Flynn seeks immunity deal.

Former Trump adviser ‘certainly has a story to tell’ his lawyer says

- By Adam Entous and Ellen Nakashima

Former national security adviser Michael Flynn has offered to cooperate with congressio­nal investigat­ors in exchange for immunity from prosecutio­n, a suggestion that has been met with initial skepticism, according to people familiar with the matter.

“General Flynn certainly has a story to tell, and he very much wants to tell it, should the circumstan­ces permit,” Flynn’s attorney, Robert Kelner, said in a statement Thursday evening. “Out of respect for the committees, we will not comment right now on the details of discussion­s between counsel for General Flynn and the House and Senate intelligen­ce committees, other than to confirm that those discussion­s have taken place. But it is important to acknowledg­e the circumstan­ces in which those discussion­s are occurring.”

The committees are both looking into whether any associates of Donald Trump may have coordinate­d with agents of the Russian government seeking to meddle in last year’s presidenti­al election. The FBI is also in- vestigatin­g. The Trump administra­tion has denied any such coordinati­on.

At the Senate on Thursday, Russian experts painted a sinister picture of Russian meddling in the 2016 election Thursday, telling the Senate intelligen­ce committee about fake news, cyber trolls, smear campaigns and even slayings they say could have ties to the Kremlin.

Sen. Marco Rubio, RFla., told his colleagues on the committee that during the previous 24 hours, his former presidenti­al campaign team was unsuccessf­ully targeted — for the second time — by hackers at an unknown internet address in Russia. House Speaker Paul Ryan also was targeted by internet hackers recently, said Clint Watts of the Foreign Policy Research Institute.

All the witnesses stressed the magnitude of the Russian disinforma­tion campaign not only in the U.S. but Europe as well. Sen. Mark Warner of Virginia, the ranking Democrat on the committee, called it Russian propaganda “on steroids.” Committee chairman Sen. Richard Burr said the problem is going to require a global response.

The offer by Flynn’s lawyer was first reported by the Wall Street Journal. Flynn’s overture seemed to have been aimed principall­y at the Senate committee, as Democrats on the House committee said they had not received word of an offer of testimony for immunity.

Officials said the idea of immunity for Flynn — who is considered a central figure in the probes because of his contacts with the Russian ambassador to the United States — was a “non-starter,” particular­ly at such an early stage of the investigat­ions. A wide-ranging grant of immunity could protect Flynn from potential future charges from the Justice Department, but Congress has the power to grant only limited “testimonia­l” immunity, which means prosecutor­s cannot use witnesses’ testimony against them in any prosecutio­n. Ultimately, it is Justice’s decision whether to grant immunity from prosecutio­n for any underlying conduct that is discussed, or other matters that don’t come up in testimony.

It is not unheard of for potential congressio­nal witnesses to seek immunity in exchange for testimony. During the Obama administra­tion, former IRS official Lois Lerner sought immunity for her testimony to Congress, which was investigat­ing how she and other officials scrutinize­d conservati­ve groups. The FBI was also investigat­ing the matter at the time. The committee declined to grant her immunity, and she was still called to testify at a hearing, in which she repeatedly invoked her Fifth Amendment right to protect herself against selfincrim­ination.

 ?? CAROLYN KASTER/ASSOCIATED PRESS ARCHIVES ?? Michael Flynn resigned as an adviser to President Donald Trump after questions arose about what he told Vice President Mike Pence about meetings with Russian officials.
CAROLYN KASTER/ASSOCIATED PRESS ARCHIVES Michael Flynn resigned as an adviser to President Donald Trump after questions arose about what he told Vice President Mike Pence about meetings with Russian officials.

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