On February 9, 2017, the Washington Post reported that Flynn discussed sanctions with Kislyak the month before the President took office.197 After the publication of that story, Vice President Pence learned of the Department of Justice’s notification to the White House about the content of Flynn’s calls.198 He and other advisors then sought access to and reviewed the underlying information about Flynn’s contacts with Kislyak.199 FBI Deputy Director Andrew McCabe, who provided the White House officials access to the information and was present when they reviewed it, recalled the officials asking him whether Flynn’s conduct violated the Logan Act.200 McCabe responded that he did not know, but the FBI was investigating the matter because it was a possibility.201 Based on the evidence of Flynn’s contacts with Kislyak, McGahn and Priebus concluded that Flynn could not have forgotten the details of the discussions of sanctions and had instead been lying about what he discussed with Kislyak.202 Flynn had also told White House officials that the FBI had told him that the FBI was closing out its investigation of him,203 but Eisenberg did not believe him.204 After reviewing the materials and speaking with Flynn, McGahn and Priebus concluded that Flynn should be terminated and recommended that course of action to the President.205
That weekend, Flynn accompanied the President to Mar-a-Lago.206 Flynn recalled that on February 12, 2017, on the return flight to D.C. on Air Force One, the President asked him whether he had lied to the Vice President207 Flynn responded that he may have forgotten details of his calls, but he did not think he lied.208 The President responded, “Okay. That’s fine. I got it.”
On February 13, 2017, Priebus told Flynn he had to resign.210 Flynn said he wanted to say goodbye to the President, so Priebus brought him to the Oval Office.211 Priebus recalled that the President hugged Flynn, shook his hand, and said, “We’ll give you a good recommendation. You’re a good guy. We’ll take care of you.”212
Talking points on the resignation prepared by the White House Counsel’s Office and distributed to the White House communications team stated that McGahn had advised the President that Flynn was unlikely to be prosecuted, and the President had determined that the issue with Flynn was one of trust.213 Spicer told the press the next day that Flynn was forced to resign “not based on a legal issue, but based on a trust issue, [where] a level of trust between the President and General Flynn had eroded to the point where [the President] felt he had to make a change.”