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Old 05-30-2019, 02:17 PM  
VRPdommy
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9. The President Attempts to Have K.T. McFarland Create a Witness Statement Denying that he Directed Flynn's Discussions with Kislyak On February 22, 2017, Priebus and Bannon told McFarland that the President wanted her to resign as Deputy National Security Advisor, but they suggested to her that the Administration could make her the ambassador to Singapore.252 The next day, the President asked Priebus to have McFarland draft an internal email that would confirm that the President did not direct Flynn to call the Russian Ambassador about sanctions.253 Priebus said he told the President he would only direct McFarland to write such a letter if she were comfortable with it.254 Priebus called McFarland into his office to convey the President's request that she memorialize in writing that the President did not direct Flynn to talk to Kislyak.255 McFarland told Priebus she did not know whether the President had directed Flynn to talk to Kislyak about sanctions, and she declined to say yes or no to the request.256 Priebus understood that McFarland was not comfortable with the President's request, and he recommended that she talk to attorneys in the White House Counsel's Office.257 McFarland then reached out to Eisenberg.258 McFarland told him that she had been fired from her job as Deputy National Security Advisor and offered the ambassadorship in Singapore but that the President and Priebus wanted a letter from her denying that the President directed Flynn to discuss sanctions with Kislyak.259 Eisenberg advised McFarland not to write the requested letter.260 As documented by McFarland in a contemporaneous "Memorandum for the Record" that she wrote because she was concerned by the President's request: "Eisenberg . .. thought the requested email and letter would be a bad idea-from my side because the email would be awkward. Why would T be emailing Priebus to make a statement for the record? But it would also be a bad idea for the President because it looked as if my ambassadorial appointment was in some way a quid pro quo."261 Later that evening, Priebus stopped by McFarland' s office and told her not to write the email and to forget he even me ntioned it.262 Around the same time, the President asked Priebus to reach out to Flynn and let him know that the President still cared about him.263 Priebus called Flynn and said that he was checking in and that Flynn was an American hero. 264 Priebus thought the President did not want Flynn saying bad things about him.265 On March 31, 2017, following news that Flynn had offered to testify before the FBI and congressional investigators in exchange for immunity, the President tweeted, "Mike Flynn should ask for immunity in that this is a witch hunt (excuse for big election loss), by media & Dems, of historic proportion!"266 In late March or early April, the President asked McFarland to pass a message to Flynn telling him the President felt bad for him and that he should stay strong.267 Analysis In analyzing the President's conduct related to the Flynn investigation, the following evidence is relevant to the elements of obstruction of justice: a. Obstructive act. According to Corney's account of his February 14, 2017 meeting in the Oval Office, the President told him, "I hope you can see your way clear to letting this go, to letting Flynn go .... I hope you can let this go." In analyzing whether these statements constitute an obstructive act, a threshold question is whether Corney's account of the interaction is accurate, and, if so, whether the President's statements had the tendency to impede the administration of justice by shutting down an inquiry that could result in a grand jury investigation and a criminal charge. After Corney's account of the President' s request to "let[] Flynn go" became public, the President publicly disputed several aspects of the story. The President told the New York Times that he did not "shoo other people out of the room" when he talked to Corney and that he did not remember having a one-on-one conversation with Comey.268 The President also publicly denied that he had asked Corney to "let[] Flynn go" or otherwise communicated that Corney should drop the investigation ofFlynn.269 In private, the President denied aspects of Corney's account to White House advisors, but acknowledged to Priebus that he brought Flynn up in the meeting with Corney and stated that Flynn was a good guy.270 Despite those denials, substantial evidence corroborates Corney's account.
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