U.S. Department of Justice
Attorney Work Product // May Contain Material Protected Under Fed. R. Crim. P. 6(e)
under oath in congressional proceedings and in a subsequent interview with investigators subject to penalties for lying under 18 U.S.C. § 1001. Comey's memory of the details of the dinner, including that the President requested loyalty, has remained consistent throughout.[1]
- 6. Flynn's Resignation
On February 2, 2017, Eisenberg reviewed the underlying information relating to Flynn's calls with Kislyak.[2] Eisenberg recalled that he prepared a memorandum about criminal statutes that could apply to Flynn's conduct, but he did not believe the White House had enough information to make a definitive recommendation to the President.[3] Eisenberg and McGahn discussed that Eisenberg's review of the underlying information confirmed his preliminary conclusion that Flynn was unlikely to be prosecuted for violating the Logan Act.[4] Because White House officials were uncertain what Flynn had told the FBI, however, they could not assess his exposure to prosecution for violating 18 U.S.C. § 1001.[5]
The week of February 6, Flynn had a one-on-one conversation with the President in the Oval Office about the negative media coverage of his contacts with Kislyak,[6] Flynn recalled that the President was upset and asked him for information on the conversations.[7] Flynn listed the specific dates on which he remembered speaking with Kislyak, but the President corrected one of the dates he listed.[8] The President asked Flynn what he and Kislyak discussed and Flynn responded that he might have talked about sanctions.[9]
- ↑ There also is evidence that corroborates other aspects of the memoranda Comey wrote documenting his interactions with the President. For example, Comey recalled, and his memoranda reflect, that he told the President in his January 6, 2017 meeting, and on phone calls on March 30 and April 11, 2017, that the FBI was not investigating the President personally. On May 8, 2017, during White House discussions about firing Comey, the President told Rosenstein and others that Comey had told him three times that he was not under investigation, including once in person and twice on the phone. Gauhar-000058 (Gauhar 5/16/17 Notes).
- ↑ Eisenberg 11/29/17 302, at 5; FBI 2/7/17 Electronic Communication, at 1 (documenting 2/2/17 meeting with Eisenberg).
- ↑ Eisenberg 11/29/17 302, at 6.
- ↑ Eisenberg 11/29/17 302, at 9; SCR015_000200 (2/15/17 Draft Memorandum to file from the Office of the Counsel to the President).
- ↑ Eisenberg 11/29/17 302, at 9.
- ↑ Flynn 11/21/17 302, at 2.
- ↑ Flynn 11/21/17 302, at 2.
- ↑ Flynn 11/21/17 302, at 2.
- ↑ Flynn 11/21/17 302, at 2-3.
memorandum documenting the dinner to his senior leadership team, and McCabe confirmed that the memorandum captured what Comey said on the telephone call immediately following the dinner. McCabe 8/17/17 302, at 9-10.
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