Does New Report On McGahn’s Flynn Concerns Bolster Obstruction Case? – Talking Points Memo

Did you believe for a minute that Trump fired Flynn for lying to Pence?
Bad news for DJT on the what did he know and when did he know it questions. - gwc
Does New Report On McGahn’s Flynn Concerns Bolster Obstruction Case? – Talking Points Memo
by Allegra Kirkland

Just days after the inauguration, White House Counsel Don McGahn learned—and warned President Donald Trump—that then-national security adviser Michael Flynn had probably violated federal laws, according to a new report out Wednesday.

Foreign Policy reported that the Special Counsel has obtained “records” that reveal McGahn in late January researched the consequences of lying to the FBI and of violating the Logan Act, a centuries-old federal prohibition on private citizens negotiating with hostile foreign governments. The research, conducted with the help of two aides, prompted McGahn to conclude that Flynn had likely committed a crime by discussing sanctions with a top Russian official during the transition, two current administration officials told Foreign Policy.

Most significantly, the records now in the possession of Special Counsel Robert Mueller indicate McGahn “warned Trump about Flynn’s possible violations” for holding those discussions and lying about them to the FBI, according to Foreign Policy.

Legal experts told TPM that such advance notification about Flynn’s potentially criminal acts would significantly bolster the case that the President was trying to obstruct justice when he allegedly asked then-FBI Director James Comey to drop the investigation into Flynn the day after his dismissal from the White House. The obstruction statute requires not only that someone tried to impede an investigation, but had corrupt intent in doing so.