Q&A: The causes and consequences of Michael Flynn’s NSC exit


Happier times: Michael Flynn is all smiles as Vladimir Putin and Green Party presidential candidate Jill Stein applaud at the 10th anniversary gala for Russia’s international propaganda outlet, RT.

I discussed the sudden resignation of U.S. National Security Adviser Michael Flynn with China Radio International this morning. The interview came hours after White House press secretary Sean Spicer said Flynn had breached his trust with Donald Trump by lying to Vice President Mike Pence about the contents of conversations with Russian Ambassador to the U.S. Sergey Kislyak. Flynn’s call to Kislyak was intercepted by U.S. intelligence sources and a transcript was reviewed by the U.S. Department of Justice.

Here is a Q&A of my conversation, lightly edited for content and clarity:

Q: We know that Flynn resigned because of the scandal involving his talk with Russian ambassador to the U.S. before Trump was in office. But what law did he exactly violate?

A: He did not violate any law simply by talking to the ambassador. If he was promising a future Trump administration action in return for a certain Russian response to the Obama sanctions against Russia that had just been announced, he might have violated the Logan Act. That law, enacted in the year 1799, makes it a crime for unauthorized American citizens to negotiate with foreign governments involved in disputes with the United States, such as promising future U.S. government action.

The bigger issue is whether Flynn lied to the FBI, which is conducting a criminal investigation into Trump campaign ties to the Russian government, about this conversation. That would be a felony crime. Apparently, the acting attorney general informed Trump that Flynn may have lied to the FBI. Trump apparently kept that information from his vice president, Mike Pence, who lied to the press as a result. Trump and Flynn also lied to the press about this call — but it’s not a crime to lie to the press.

Q: Did Flynn have any other choices besides resignation?

A: Not really. According to the White House spokesman, Trump demanded his resignation. If that statement from Sean Spicer is true, then his only choice was to either resign or be fired. By resigning, Trump allowed Flynn to issue a statement explaining his point of view in the matter.

With this scandal, Flynn sets some sort of record for being forced to leave two consecutive White House administrations, first Obama and now Trump.


Russian ambassador Sergey Kislyak speaks at the University of Nebraska at Omaha (UNO photo)

Q: White House spokesman Sean Spicer later said President Donald Trump knew weeks ago — at the end of January — there were problems with Michael Flynn’s Russia phone calls. Then what’s the long pause between Trump knowing the fact and Flynn’s resignation about? Why the wait?

A: This is the question that reporters — and many Republicans in Washington — want answered. The simple answer is that Trump knew Flynn lied, but the public did not know. We don’t know the backstory yet, but Trump may have thought he could get away with keeping Flynn on the job as long as the lies did not become public knowledge. Once the Washington Post published a report that Trump was told Flynn had lied (and did not tell Mike Pence or others in the administration), Flynn was gone in a day.

Q: Will there be an investigation of the phone call and everyone involved in the White House?

A: Yes, and no. Congressional Republicans say they will investigate Flynn and his ties to Russia. The Senate Intelligence Committee says it will conduct an investigation. The House Intelligence Committee chairman said today he will not investigate Trump’s conversations with Flynn, citing a concept called “executive privilege,” which shields a president’s discussions with aides from public disclosure.

Q: What political implications does this have on the presidency?

A: It elevates the importance of criminal investigations by the FBI and Justice Department into Russian attempts to influence the election, it removes Russia’s most vocal supporter from Trump’s inner circle and empowers Russia’s top critic in the Trump inner circle, Vice President Pence. In the U.S., it’s further evidence of chaos within the White House and reinforces the concept that White House officials regularly deceive each other and lie to the public. Whether that is true or not, the perception is becoming more widely accepted.

Q: Following Mr Flynn’s resignation, the White House announced that Keith Kellogg, who was serving as chief of staff of the National Security Council, would take over as interim national security advisor while the White House would scout for a candidate for the position. What do we know about Kellogg and how does his national security plan for the U.S. look like?

A: He is 72 years old. He is a decorated veteran of the Vietnam War. He was a top civilian official in post-war in Iraq. He was generally respected by people in both parties. He was the first retired general to endorse Trump’s campaign for the presidency when few in U.S. politics took it seriously. He has Trump’s confidence, but some mainstream Republicans believe he is not strong enough by to stand up to Trump’s most hawkish advisers, Steve Bannon and Steve Miller. They would rather have remain as a specialist in policy rather than the top administrator.

If Vice Admiral Robert Harward, a protege of Defense Secretary Jim Mattis, is chosen, that is a sign of Mattis’ influence in the administration. If former CIA director David Petraeus is chosen, it is a good sign for the U.S. intelligence community. If Kellogg is chosen, it may be a sign that Trump values loyalty over everything else. The selection may tell us who’s up and who’s down inside the Trump White House.

Day 4 Analysis: Hillary Rodham Reagan

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Did I step into a time machine and wake up in 1984?


“We are the greatest country on this planet,” said retired Marine Corps General John Allen.

American flags waving robustly in the convention hall. Speakers attacking Russian leaders. Sheriffs, veterans, wounded warriors, generals, families of slain cops. God and America.

No, no, this is not 1984. But this is where Ronald Reagan’s optimistic vision of America has taken us.

Welcome to 2016, and one political party’s presidential nominee used Reagan as the inspiration at her convention. The other harkened back to the fearful days of the first “America First” movement in the shadow of Hitler’s rise, the walled-off, fair-trade America promised by Senator Smoot and Representative Hawley, and the hot-button racial rhetoric (if we judge by his approving tweets) of David Duke.

This is not an America I expected to be covering … or living in. It’s a world in which the optimistic legacies of Ronald Reagan and Franklin D. Roosevelt and Bill Clinton and George W. Bush unite against the dark knight of the new American order, Donald Trump.

Yes, America is divided. Deeply divided. Its diversity is lauded by some, feared by others. Its rapid era of social change makes some joyful, others angry. Its no-limits gun culture is treasured by some, lamented by others. Its economic collapse of 2007-2008 has left many deeply distrustful of American institutions, from banks to big business to government.

The times have given us a new Republican Party, one that bears little resemblance to the Party of Reagan. As a historian, I wonder whether this is a one-election aberration (like Wendell Wilkie’s outsider takeover of the GOP in 1940) or a fundamental shift in America’s political lines.

Hearing speaker after speaker at Hillary Clinton’s convention refer to Ronald Reagan, I recalled reading a newspaper editorial early in the Reagan era headlined “Franklin Delano Reagan,” as a nod to Reagan’s frequent invocation of FDR. On the final night of the Democratic National Convention, we could have modified that headline this way: “Hillary Rodham Reagan.”

It’s morning in America. On the other side of the street.

Like Reagan, Clinton is not embracing the policy agenda of the other party. But like Reagan, she is seeking to unite her hard-core party loyalists and disaffected members of the other party. Like Reagan, who gave Democratic hawk  Jeane Kirkpatrick a platform at the Republican National Convention in 1984 to reject the changes in the party she long had backed, Clinton found speakers who implored disillusioned Republicans to switch sides.

“This year, I will vote for a Democrat for the first time,” said Doug Elmets, a former Reagan administration staffer from California. Former Virginia GOP activist Jennifer Pierotti Lim tried to convince reluctant Republicans not just to stay home but to actively thwart Trump — “to not only oppose Donald Trump but to support Hillary Clinton.”



Clinton’s acceptance speech was vintage Hillary Clinton, more like a Bill Clinton State of the Union speech with a list of dozens of policy priorities than a poetic paean to a shining city on a hill, as depicted by Reagan or the late New York Governor Mario Cuomo. But its “we’re all in it patriotism” and unabashed Northern Methodist morality made it a rhetorical antidote to Trump’s “only I can solve it” message.

Leading up to Clinton’s speech were some of the most powerful speakers of the week, who skewered Trump with ridicule and passion, as they also made the case for Clinton.

Kareem Abdul-Jabaar introduced himself to America as fellow basketball superstar Michael Jordan. “I did that,” he said, “because I know Trump wouldn’t know difference.”

Screenshot 2016-07-29 12.14.32

Donald Trump “smears the character of Muslims,” said Gold Star dad Khizr Khan of Charlottesville, Virginia.

There was no such levity in the words of Khizr Khan, a proud Muslim American whose son Army Captain Humayun Khan died in a suicide bombing in Iraq in 2004.

There was no way Clinton could bring more raw emotion to her speech than Khan. She didn’t try. She delivered a well-written speech effectively, if not effusively. It will be remembered more for its historical import than its historically important phrases.

Still, for the sake of the social media world in the year 2016, one zinger will go viral: “A man you can bait with a tweet is not a man we can trust with nuclear weapons.”

Clinton came into her convention week as a flawed messenger of a divided party. She remains a flawed messenger, but the party has been unified, with the exception of a small band of Bernie boo-birds who will choose a Green Party candidate who this week compared Clinton’s Democrats to Hitler’s Nazis.

To a large swath of America, Clinton will never be acceptable, and Trump will be the lesser of two evils. Or the man who can save America.

Trump’s campaign released a statement dismissing the speech as “a speech delivered from a fantasy universe, not the world we’re living in today.” Roger Ailes couldn’t have said it better. You’ll hear these talking points a lot in one of America’s two parallel political/media universes.

Beyond the spin is the bottom line. There is always a convention “bounce” in the polls. Trump, despite a poorly organized convention, got a bump as a result of the effective demonization of Clinton over four consecutive evenings. I predict that Clinton will surge in the polls, gaining the ground she lost and then some.

As American conventions give way to the Olympics, Clinton is likely to be in the lead. But the election remains in the hands of the Ronald Reagan optimists. The vision they choose  in November will be the face of America in the decade ahead.