THE COURT: Why don't you go through the facts that you think you can prove at trial.
MR. VAN GRACK: That the defendant made material false statements and omissions during an interview with the Federal Bureau of Investigation on January 24, 2017, in Washington, D.C. At the time of the interview, the FBI had an open investigation into Russia's efforts to interfere in the 2016 presidential election, including the nature of any links or coordination between individuals associated with Russia and the campaign of President Donald Trump. Specifically, during that January 24th interview, the defendant falsely stated that he did not ask Russia's Ambassador to the United States to refrain from escalating the situation in response to sanctions that the United States had imposed against Russia.
The defendant also falsely stated that he did not remember a follow-up conversation in which the Russian Ambassador stated that Russia had chosen to moderate its response to those sanctions as a result of the defendant's request. In truth and in fact, the defendant then and there knew that: On or about December 29, 2016, the day sanctions against Russia were announced, the defendant called a senior official of the Presidential Transition Team, who was with other senior members of the Presidential Transition Team at the Mar-a-Lago resort, to discuss what to communicate to the Russian Ambassador about sanctions. On that call, the defendant and the official discussed sanctions, including that members of the transition team at Mar-a-Lago did not want Russia to escalate the situation. Immediately after that phone call, the defendant called the Russian Ambassador and requested that Russia not escalate the situation and only respond to the U.S. sanctions in a reciprocal manner. Shortly after his phone call with the Russian Ambassador, the defendant spoke again with the senior official to report on the substance of his call with the Russian Ambassador, including their discussion of sanctions.
Two days later, the Russian Ambassador called the defendant and informed him that Russia had chosen not to retaliate in response to the defendant's request. After that phone call, the defendant spoke with senior members of the transition team about his conversations with the Russian Ambassador regarding sanctions and Russia's decision not to escalate the situation. During that same January 24th interview with the FBI, the defendant made additional false statements about his calls to Russia and other countries regarding a resolution submitted to the United Nations Security Council on December 24, 2016.
The defendant falsely stated that he only asked the countries' positions on the resolution and that he did not request that any of the countries take any particular action on the resolution.
The defendant also falsely stated that the Russian Ambassador never described to him Russia's response to his request. In truth and in fact, the defendant then and there knew that:
On or about December 22, 2016, a very senior member of the transition team directed the defendant to contact officials from foreign governments, including Russia, to learn where each government stood on the resolution and to influence those governments to delay the vote or defeat the resolution. On or about December 26, 2016, the defendant contacted the Russian Ambassador about the pending vote. The defendant requested that Russia vote against or delay the resolution.
The next day the defendant again spoke with the Russian Ambassador, who informed him that if it came to a vote, Russia would not vote against the resolution. In addition, on March 7, 2017, the defendant filed multiple documents with the Department of Justice pursuant to the Foreign Agents Registration Act pertaining to a project performed by him and his company for the principal benefit of the Republic of Turkey.
In those filings, the defendant made materially false statements and omissions, including by falsely stating that his company did not know whether or the extent to which the Republic of Turkey was involved in the project; that the project was focused on improving U.S. business organizations' confidence regarding doing business in Turkey; and an op-ed by the defendant published on November 8, 2016 was written at his own initiative. In addition, the defendant omitted in those filings that officials from the Republic of Turkey provided supervision and direction over the project.
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THE COURT: Okay. Mr. Flynn, now that you've read the written statement of facts, you've heard the government's oral presentation, are there any corrections or errors that you need to point out?
THE DEFENDANT: Nothing that I heard, Your Honor, no.
THE COURT: Or that you read?
THE DEFENDANT: Or that I read.
THE COURT: Is that factual summary true and correct?
THE DEFENDANT: It is.