US, Department of Justice itary Hrorkctectet Me Bente erie tenke Linder hed Cnm heey According to Flynn, the Transition Team regarded the vote as a significant issue and ‘wanted to support Israel by opposing the resolution | On December 22,2016, muitiplemembers ofthe Transition Team, as wel as President-Elect Trump, communicated with foreign government officals to determine their views on the resolution and orally supporto delay the vote or defeat the resolution. Kushner led the effort fr the Transition Team; Flynn was responsible forthe Russian government. Minutes after an ently morning phone call with Kushner on December 22, Flynn called Kislyak.!* According to Flynn, he informed Kislyak about the vote and the ‘Transcon Team's opposition wo the resolution al quested that Russia vote against or delay the resolution." Later that day, President-Elect Trump spoke with Egyptian President Abdel Fatiah AFSisi about the vote." Ulimately, Eeypt postponed the vote*” (On December 23, 2016, Malaysia, New Zealand, Senegal, and Venezuela resubmitted the resolution." Throughout the day, members of the Transition Team continued to talk with foreign leaders about the resolution, with Flynn continuing to lead the outreach with the Russian ‘government through Kislyak.®”” When Flynn again spoke with Kislyak, Kislyak informed Fiyan that ifthe resolution came t a vote, Russia would not vote against it!” The resolution later passed 14-0, with the United States abstaining." 4, US, Sanctions Against Russia Flynn was also the Transition Team member who spoke with the Russian government when the Obama Administration imposed sanctions and other measures against Russia in response to Russia's interference in the 2016 presidental election. On December 28, 2016, then-President Obama signod Executive Order 13757, which took effect at 12:01 arm, the following day and "3 Flynn 11/6017 302, a 12; Flynn 11/1717 302, a2. 22 Flynn 11/6017 302, a 12-14; Flynn 11/1717 302, a2 20 lynn 1/46/17 302, 12-14; Fly 11/1717 302 ot 2 Kushnee LV//T7 302 ot 3; 1222/16 Email, Kushner to Flynn 12/22/16 Email, McFarlane A ¥ ply 11/16/17 30, a 13; Call Records of Miche, Fi EE "1 aement of Offense (8), United Sates v. Michael. Fyn, No, 17-2232 (DDC. Dee. 1, 2017), Doe, 4 (Fhe Statement of Offense"; Flynn 11/16/17 302, a "yan LI7/17 302, a2; lynn L/16/17 302, 1, UN. Vote on rac Setlement Postponed, “Potentially Indefntely” Rewters (Dee, 22,2016). * somini Sengupta & Rick Gladstone, Rebufing Loa, US. Allows Censure Over Settlements, [New York Times (Dee. 23, 2016) "0 yn L1/16/17 302, at 121 shiner 11/1/17 302, at 3; 12/29/16 Fal Flynn co Kushner et a. "20 Rn Statement of Offense 38). "8 Jae’ Setdements Have No Lega Yaléty, Constite Fagrant Violation of Intemational Law, Seowrity Council Reafirms, 8S%xd Meeting PM), United Nations Security Council (Dee. 23,2016), 168US, Department of Justice Attorney Worl Brodbet// May- Conta baer Botected tinder Fed R-Crine Pfc) imposed sanetions on nine Russian individuals and entities On December 2, 2016, the Obama ‘Administration also expelled 35 Russian goverament officials and closed two Russian ‘government-owned compounds in the United States." Daring the rollout ofthe sanctions, President-Elect Trump and multiple Transition Team senior officials, including McFarland, Steve Bannon, and Reince Piebus, were staying atthe Mar- ‘-Lago elub in Palm Beach, Florida. Flynn was on vacation in the Dominiean Republic, but was in dally contact with MeParland.* ‘The Transition Team and President-Elect Trump were concemed that these sanctions ‘would hatm the United States’s relationship with Russia. Although the details and timing of sanctions were unknown on December 28, 2016, the media began reporting that retaliatory ‘measures from the Obama Administration against Russia were forthcoming." When asked about imposing sanctions on Russia for its alloged interference in the 2016 presidential election, President-Elect Trump told the media, think we ought to get on with our lives," ‘Rasta inte the outreach tothe Transition Team. On the evening of December 28, 2016, Kislyak texted Flyma, “can you kindly call me back at your convenince.”!™ Flynn didnot respond tthe text message that evening. Someone from the Russian Embassy also called Flynn the next morning, at 10:38 am. but they did not talk! ‘The sanctions wore announced publicly on December 29,2016." At 1:53 pam. that day, -MeFarland began exchanging emails with multiple Transition Team members and advisors about the impact the sancGons would have oa the incoming Administration." At2-07 pam..a Transition “Team member texted Finn a link to a New York Times article about the sanctions" At 2:29 "2 Taking Addlional Stops to Address the National Emergency With Respect 10 Signleant Malicious Cyber-Enabled Activites, The White House, Office ofthe Press Secretary (Det. 29,2016) "= Satement by the President on Actions in Response to Russian Malicious Cyber Activity and Harassment, The White House, Office ofthe Press Secretary (Dee. 29,2016 "= yn 1/1/17 302, at 14; MeFarland 1222/17 302, 3-8; Bannon 2/12/18 302, a. "= ym 1/1/17 302, at 5; lynn 1/198 30, aL; MeFaland 11/2217 302, at 3-9 °° Fyn 11/717 302, a3 1 Christine Wang, US'0 announce new sanctions against Russa in response election hacking, (CNBC (Dee. 28, 2016). "5" John Wagner, Tramp on alleged election interference by Kussa: “Get on wh oar liver" ‘Washington Post (Dee 29,2016). = SF000006 (1228/16 Text Message, Kislyak to Fyn). © Call Records of Michael T, Fly "= ply 11/17/17 302, a¢2-5; MeFaland 12/22/17 302, at 4-5 22 1229/16 Email, MeFerland Yo O'Brien; 12/29/16 Em, MeFaland to Flynn et a. 229 gpO0O00! (12/20/16 Text Message, Flaherty to Flynn) 169)US, Department of Justice Attomey- Wark Prduet Mey-Ceniat- Materiel Protentee Under Fed-R-Crim- Pe) ppm., MeFetland called Flynn, but they didnot talk Shortly thereafter, MeParland and Bannon discussed the sanctions. According to MeFarland, Bannon remarked that the sanctions would hurt ther ability to have good relations with Russi, and that Russian escalation would make things ‘more difficut* McFarland believed she told Bannon that Flynn was scheduled to talk io Kislyak later that night.'2" McFarland also belived she may have discussed the sanctions with Pricbus, and likewise told him that Flynn was scheduled to talk to Kislyak that night!®™ At 3:14 pm, Flynn texted a Transition Team member who was assisting McFarland, “Time fora call???" ‘The Transition Team member responded that McFarland was onthe phone with Tom Bosse, a ‘Transton Team senior official, o which Flynn responded, “Tit or at W Russia not youd, Russian AMBO reaching out to me today." Flynn recalled that he chose not to communicate with Kisl had heard from the team at Mae-a-Lago."™" He frst spoke with Michael Ledeen, ‘Team member who advised on foreign policy and national security matters, for 20 minutes Flynn then spoke with MeFarland for almost 20 minutes to discuss what, if anything, 10 ‘communicate to Kislyak about the sanctions. On that call, McFarland and Flynn discussed the sanction, including thei potential impact onthe incoming Trump Administration's foreign policy ‘goals. McFarland and Flynn also discussed that Transition Team members in Mar-a-Lago did ot want Russi to esate the situation" They both understood that Flynn would relay « ‘message to Kislyak in hopes of making sure the situation would not get out of hand. 29 Transition "Cal Records of KT. MeFi EE Mefattand 1222/17 302, a 56 6 MeFarand 1222/17 302, a 5-6, 2 MeFasiand 1222/17 302, a6, 18 Masia 1222/17 300, a6, "2 sro00001 (1229/16 Text Message, Flynn to Flaherty). "3 sp000001 (1229/16 Text Message, Flynn to Flaherty). 2 lynn 1120/17 302, a3. a yfihaol Ledean is mace to Barbara Ledeen the Senate staffer whose 2016 efforts to locate Hillary Clinton's missing emails re deseribed in Volume I, Section ILD. supra 6 Fiyan {17/17 302, ot 3; Cll Records of Micha! ce EE "4 lynn 117117302 at 3 Flynn Statement of Offense 3) Call Records KT. MF Call Record of Michael T Flynn "88 yan L/ITINT302, at 34 18 yan LW/L/17 302, at 3-4 Fyn Statement of Offense $3); MeParland 1222/17 302, a 6 nt "96 Fyn 1/17/17 302, a 4; MeParland 1222/17 302, at 67 170