'Thanks, Pal.' Read Trump Attorney's Message to Flynn Lawyer About Cooperation
"You know, remember what we've always said about the president and his feelings toward Flynn," Dowd said in his voice message to Covington's Robert Kelner, the full transcript of which was released Friday.
May 31, 2019 at 05:06 PM
5 minute read
Federal prosecutors on Friday revealed the full transcript of the voicemail a personal attorney for President Donald Trump left with Michael Flynn's lawyer after the former national security adviser withdrew from a joint defense agreement, a signal that he had agreed to cooperate with the special counsel's investigation.
Much of the transcript of the Nov. 22, 2017, voicemail left with Covington & Burling's Robert Kelner had previously been disclosed in the 448-page report prepared by Special Counsel Robert Mueller III and his team.
In their filing Friday, in the U.S. District Court for the District of Columbia, prosecutors confirmed that John Dowd, at the time a private attorney for the president, left the voicemail with Flynn's defense lawyer. Dowd would later resign, in 2018, from the Trump defense team.
“Hey, Rob, uhm, this is John again. Uh, maybe, I-I-I'm-I'm sympathetic; I understand your situation, but let me see if I can't … state it in … starker terms. If you have … and it wouldn't surprise me if you've gone on to make a deal with, and, uh, work with the government, uh … I understand that you can't join the joint defense; so that's one thing,” according to the transcript.
“If, on the other hand, we have, there's information that … implicates the president, then we've got a national security issue, or maybe a national security issue, I don't know … some issue, we got to-we got to deal with, not only for the president, but for the country. So … uh … you know, then-then, you know, we need some kind of heads up. Um, just for the sake of … protecting all our interests, if we can, without you having to give up any … confidential information. So, uhm, and if it's the former, then, you know, remember what we've always said about the president and his feelings toward Flynn and, that still remains, but—Well, in any event, uhm, let me know, and, uh, I appreciate your listening and taking the time.”
Ending the voicemail, Trump's lawyer said, “Thanks, Pal.”
The special counsel examined the halting voicemail as part of its inquiry into whether the president sought to obstruct the probe, perhaps by dangling a pardon for Flynn, a retired Army general who served for three weeks as Trump's national security adviser.
Kelner, according to Mueller's report, returned Dowd's call the next day. “Flynn's attorneys reiterated that they were no longer in a position to share information under any sort of privilege,” according to Mueller's report. “According to Flynn's attorneys, the president's personal counsel was indignant and vocal in his disagreement.”
Citing a March 2018 interview with Kelner, Mueller's team said the president's personal lawyer interpreted statements from Flynn's defense as a “reflection of Flynn's hostility towards the president and that he planned to inform his client of that interpretation.”
The Mueller report stated that Flynn's attorneys, after the call from Dowd, “understood that statement to be an attempt to make them reconsider their position because the president's personal counsel believed that Flynn would be disturbed to know that such a message would be conveyed to the president.”
Flynn pleaded guilty in December 2017 to lying about his interactions with Russian Ambassador Sergey Kislyak during the Trump transition period, and he was set for sentencing late last year.
But his sentencing was unexpectedly delayed when U.S. District Judge Emmet Sullivan raised the specter he might sentence Flynn to prison, lambasting him for lying to the FBI. Sullivan suggested that Flynn first complete the cooperation that prosecutors had underscored in recommending that he receive no jail time.
Kelner told Sullivan he was “prepared to take your honor up on the suggestion of delaying sentencing.” Kelner said the delay would allow Flynn to “eke out the last modicum of cooperation” in his deal to assist prosecutors in a separate case in Alexandria, Virginia, federal court against Bijan Rafiekian, a former business partner accused of acting as an unregistered agent for Turkey in the United States. Rafiekian has pleaded not guilty and is set to stand trial in July.
In March, Flynn requested that Sullivan refrain from setting a new sentencing date, saying “there may be additional cooperation” for him to provide. Prosecutors in the special counsel's office said Flynn could testify in the Virginia case if it proceeds to trial. But “in the government's view his cooperation is otherwise complete,” prosecutors said in a court filing.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllJudge Grants Special Counsel's Motion, Dismisses Criminal Case Against Trump Without Prejudice
Ex-Deputy AG Trusts U.S. Legal System To Pull Country Through Times of Duress
7 minute read'Even Playing Field?' Wiley Rein Intervenes in Federal Election Campaign Spending Row
3 minute readBig Law Lawyers Fan Out for Election Day Volunteering in Call Centers and Litigation
7 minute readTrending Stories
- 1Friday Newspaper
- 2Judge Denies Sean Combs Third Bail Bid, Citing Community Safety
- 3Republican FTC Commissioner: 'The Time for Rulemaking by the Biden-Harris FTC Is Over'
- 4NY Appellate Panel Cites Student's Disciplinary History While Sending Negligence Claim Against School District to Trial
- 5A Meta DIG and Its Nvidia Implications
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250