Case Document 1 Filed 11/30/17 Page 1 of 2 UNITED STATES DISTRICT FOR THE DISTRICT OF COLUMBIA . UNITED STATES OF AMERICA Criminal N0.: -Violation: 18 U.S.C. 1001 (False .- Statements) MICHAEL T. LYNN, Defendant. I A I 0 The Special Counsel informs the Court: Case: Assigned To Judge Contreras, Rudolph QM Assign. Date: 1113012017 (False Statements) Description: INFORMATION (A) .On or about January 24, 2017, defendant MICHAEL T. did willfully and knovvingly make materially false, ?ctitious, and fraudulent statements and representations in a matter within the jurisdiction of the executive branch of the Government of the United States, to wit, the defendant falsely stated and represented to agents of the Federal Bureau of Investigation, in Washington, DC, that: I On or about December 29, 20l6, did not ask the Government of Russia?s Ambassador to the United States (?Russian Ambassador?) to refrain from escalating the situation in response to sanctions that the UnitedIStates had imposed against Russia that same day; and did not recall the Russian Ambassador subsequently telling him that Russia had chosen to moderate its response to those . - sanctions as a result of his request; and (ii) On or about December 22, 2016, did not ask the Russian Ambassador to delay the vote on or defeat a pending United Nations Security Council resolution; and Case 1:17-cr-00232-RC Document 1 Filed 11/30/17 Page 2 of 2 that the Russian Ambassador subsequently never described Russia?s response to his request. (Title 18, United States Code, Section 1001(a)(2)) ROBERT S. MUELLER, 111 Special Counsel am 3311 \Brz?ddli? L. Van (Stack) Zainab N. Ahmad Senior Assistant Special Counsels The Special Counsel?s Of?ce U.S. Department of Justice The Special Counsel ?5 O?ice Washington, D. C. 20530 November 30, 2017 Robert K. Kelner Stephen P. Anthony Covington Burling LLP One CityCenter, 850 Tenth Street, NW Washington, DC 20001-4956 Re: United States v. Micmael T. Dear Counsel: This letter sets forth the full and complete plea offer to your client, Lieutenant General Michael T. (Rot) (hereinafter referred to as ?your client? or ?defendant?), from the Special Counsel?s Of?ce (hereinafter also referred to as ?the Government? or ?this Of?ce?). If your client accepts the terms and conditions of this offer, please have your client execute this document in the space provided below. Upon receipt of the executed document, this letter will become the Plea Agreement (hereinafter referred to as ?this Agreement?). The terms of the offer are as follows: 1. Charges and Statutogy Penalties Your client agrees to plead guilty to the Criminal Information, a copy of which is attached, charging your client with making false statements to the Federal Bureau of Investigation in violation of 18 U.S.C. 1001. Your client understands that a violation of 18 U.S.C. 1001 carries a maximum sentence of 5 years? imprisonment; a ?ne of $250,000, pursuant to 18 U.S.C. 3571(b)(3); a term of supervised release of not more than 3 years, pursuant to 18 U.S.C. 3583(b)(2); and an obligation to pay any applicable interest or penalties on ?nes and restitution not timely made. In addition, your client agrees to pay a special assessment of $100 per felony conviction to the Clerk of the United States District Court for the District of Columbia. Your client also understands that, pursuant to 18 U.S.C. 3572 and SE12 of the United States Sentencing Guidelines, Guidelines Manual (2016) (hereinafter ?Sentencing Guidelines,? ?Guidelines,? or the Court may also impose a ?ne that is suf?cient to pay the federal government the costs of any imprisonment, term of supervised release, and period of probation. 2. Factual Stipulations Your client agrees that the attached ?Statement of the Offense? fairly and accurately describes your client?s actions and involvement in the offense to which your client is pleading Page 1 of 10 guilty. Please have your client sign and return the Statement of the Offense as a written proffer of evidence, along with this Agreement. 3. Additional Chagges In consideration of your client?s guilty plea to the above offense, your client will not be further prosecuted criminally by this Of?ce for the conduct set forth in the attached Statement of the Offense. 4. Sentencing Guidelines Analysis Your client understands that the sentence in this case will be determined by the Court, pursuant to the factors set forth in 18 U.S.C. 3553(a), including a consideration of the applicable guidelines and policies set forth in the Sentencing Guidelines. Pursuant to Federal Rule of Criminal Procedure and to assist the Court in determining the appropriate sentence, the parties agree to the following: A. Estimated Offense Level Under the Guidelines The parties agree that the following Sentencing Guidelines sections apply: U.S.S.G. Base Offense Level: 6 Total: 6 B. Acceptance of Responsibility The Government agrees that a 2-level reduction will be appropriate, pursuant to U.S.S.G. 3E1.1, provided that your client clearly demonstrates acceptance of responsibility, to the satisfaction of the Government, through your client?s allocution, adherence to every provision of this Agreement, and conduct between entry of the plea and imposition of sentence. Nothing in this Agreement limits the right of the Government to seek denial of the adjustment for acceptance of responsibility, pursuant to U.S.S.G. 1, and/or imposition of an adjustment for obstruction of justice, pursuant to U.S.S.G. 3C1.1, regardless of any agreement set forth above, should your client move to withdraw your client?s guilty plea after it is entered, or should it be determined by the Government that your client has either engaged in conduct, unknown to the Government at the time of the signing of this Agreement, that constitutes obstruction of justice, or engaged in additional criminal conduct after signing this Agreement. In accordance with the above, the applicable Guidelines Offense Level will be at least 4. Page 2 of 10 C. Estimated Criminal History Category Based upon the information now available to this Of?ce, your client has no criminal convictions. Accordingly, your client is estimated to have zero criminal history points and your client?s Criminal History Category is estimated to be I. Your client acknowledges that if additional convictions are discovered during the pie-sentence investigation by the United States Probation Office, your client?s criminal history points may increase. D. Estimated Applicable Guidelines Range Based upon the agreed total offense level and the estimated criminal history category set forth above, your client?s estimated Sentencing Guidelines range is zero months to six months? imprisonment (the ?Estimated Guidelines Range?). In addition, the parties agree that, pursuant to U.S.S.G. 5E1.2, should the Court impose a fine, at Guidelines level 4, the estimated applicable ?ne range is $500 to $9,500. Your client reserves the right to ask the Court not to impose any applicable ?ne. The parties agree that, solely for the purposes of calculating the applicable range under the Sentencing Guidelines, neither a downward nor upward departure from the Estimated Guidelines Range set forth above is warranted, subject to the paragraphs regarding cooperation below. Accordingly, neither party will seek any departure or adjustment to the Estimated Guidelines Range, nor will either party suggest that the Court consider such a departure or adjustment, except as provided in the preceding sentence. Moreover, your client understands and acknowledges that the Estimated Guidelines Range agreed to by the parties is not binding on the Probation Of?ce or the Court. Should the Court determine that a different guidelines range is applicable, your client will not be permitted to withdraw his guilty plea on that basis, and the Government and your client will still be bound by this Agreement. Your client understands and acknowledges that the terms of this section apply only to conduct that occurred before the execution of this Agreement. Should your client commit any conduct after the execution of this Agreement that would form the basis for an increase in your client?s base offense level orjustify an upward departure (examples of which include, but are not limited to, obstruction of justice, failure to appear for a court proceeding, criminal conduct while pending sentencing, and false statements to law enforcement agents, the probation of?cer, or the Court), the Government is free under this Agreement to seek an increase in the base offense level based on that post-agreement conduct. 5. Agreement as to Sentencing Allocation Based upon the information known to the Government at the time of the signing of this Agreement, the parties further agree that a sentence within the Estimated Guidelines Range Page 3 of 10 would constitute a reasonable sentence in light of all of the factors set forth in 18 U.S.C. 355 should such a sentence be subject to appellate review notwithstanding the appeal waiver provided below. 6. Reservation of Allocation The Government and your client reserve the right to describe fully, both orally and in writing, to the sentencing judge, the nature and seriousness of your client?s misconduct, including any misconduct not described in the charges to which your client is pleading guilty. The parties also reserve the right to inform the presentence report writer and the Court of any relevant facts, to dispute any factual inaccuracies in the presentence report, and to contest any matters not provided for in this Agreement. In the event that the Court considers any Sentencing Guidelines adjustments, departures, or calculations different from any agreements contained in this Agreement, or contemplates a sentence outside the Guidelines range based upon the general sentencing factors listed in 18 U.S.C. 3553(a), the parties reserve the right to answer any related inquiries from the Court. In addition, if in this Agreement the parties have agreed to recommend or refrain from recommending to the Court a particular resolution of any sentencing issue, the parties reserve the right to full allocution in any post-sentence litigation. The parties retain the full right of allocution in connection with any post-sentence motion which may be ?led in this matter and/or any proceeding(s) before the Bureau of Prisons. In addition, your client acknowledges that the Government is not obligated and currently does not intend to ?le any post-sentence downward departure motion in this case pursuant to Rule 35(b) of the Federal Rules of Criminal Procedure. 7. Court Not Bound by this Agreement or the Sentencing Guidelines Your client understands that the sentence in this case will be imposed in accordance with 18 U.S.C. 3553(a), upon consideration of the Sentencing Guidelines. Your client further understands that the sentence to be imposed is a matter solely within the discretion of the Court. Your client acknowledges that the Court is not obligated to follow any recommendation of the Government at the time of sentencing or to grant a downward departure based on your client?s substantial assistance to the Government, even if the Government ?les a motion pursuant to Section 5K1 .1 of the Sentencing Guidelines. Your client understands that neither the Government?s recommendation nor the Sentencing Guidelines are binding on the Court. Your client acknowledges that your client?s entry of a guilty plea to the charged offense authorizes the Court to impose any sentence, up to and including the statutory maximum sentence, which may be greater than the applicable Guidelines range. The Government cannot, and does not, make any promise or representation as to what sentence your client will receive. Moreover, it is understood that your client will have no right to withdraw your client?s plea of guilty should the Court impose a sentence that is outside the Guidelines range or if the Court does not follow the Government?s sentencing recommendation. The Government and your client will be bound by this Agreement, regardless of the sentence imposed by the Court. Any effort by your client to withdraw the guilty plea because of the length of the sentence shall constitute a breach of this Agreement. Page 4 of 10 8. Cooperation Your client agrees to cooperate with this Of?ce on the following terms and conditions: Your client shall cooperate fully, truth?illy, completely, and with this Of?ce and other Federal, state, and local law enforcement authorities identi?ed by this Of?ce in any and all matters as to which this Of?ce deems the cooperation relevant. Your client acknowledges that your client?s cooperation may include, but will not necessarily be limited to: answering questions; providing sworn written statements; taking government-administered polygraph examination(s); and participating in covert law enforcement activities. Any refusal by your client to cooperate fully, truthfully, completely, and as directed by this Of?ce and other Federal, state, and local law enforcement authorities identi?ed by this Office in any and all matters in which this Of?ce deems your client?s assistance relevant will constitute a breach of this Agreement by your client, and will relieve this Of?ce of its obligations under this Agreement, including, but not limited to, its obligation to inform this Court of any assistance your client has provided. Your client agrees, however, that such breach by your client will not constitute a basis for withdrawal of your client?s plea of guilty or otherwise relieve your client of your client?s obligations under this Agreement. Your client shall turn over to this Of?ce, or other law enforcement authorities, or direct such law enforcement authorities to, any and all evidence of crimes about which your client is aware; all contraband and proceeds of such crimes; and all assets traceable to the proceeds of such crimes. Your client agrees to the forfeiture of all assets which are proceeds of crimes or traceable to such proceeds of crimes. Your client shall submit a full and complete accounting of all your client?s ?nancial assets, whether such assets are in your client?s name or in the name of a third party. Your client acknowledges and understands that, during the course of the cooperation outlined in this Agreement, your client will be interviewed by law enforcement agents and/or Government attorneys. Your client waives any right to have counsel present during these interviews and agrees to meet with law enforcement agents and Government attorneys outside of the presence of counsel. If, at some future point, you or your client desire to have counsel present during interviews by law enforcement agents and/or Government attorneys, and you communicate this decision in writing to this Of?ce, this Of?ce will honor this request, and this change will have no effect on any other terms and conditions of this Agreement. Your client shall testify fully, completely and truthfully before any and all Grand Juries in the District of Columbia and elsewhere, and at any and all trials of cases or other court proceedings in the District of Columbia and elsewhere, at which your client?s testimony may be deemed relevant by the Government. Your client understands and acknowledges that nothing in this Agreement allows your client to commit any criminal violation of local, state or federal law during the period of your client?s cooperation with law enforcement authorities or at any time prior to the sentencing Page 5 of10 in this case. The commission of a criminal offense during the period of your client?s cooperation or at any time prior to sentencing will constitute a breach of this Agreement and will relieve the Government of all of its obligations under this Agreement, including, but not limited to, its obligation to inform this Court of any assistance your client has provided. However, your client acknowledges and agrees that such a breach of this Agreement will not entitle your client to withdraw your client?s plea of guilty or relieve your client of the obligations under this Agreement. Your client agrees that the sentencing in this case may be delayed until your client?s efforts to cooperate have been completed, as determined by the Government, so that the Court will have the bene?t of all relevant information before a sentence is imposed. 9. Waivers A. Venue Your client waives any challenge to venue in the District of Columbia. B. Statute of Limitations Your client agrees that, should the conviction following your client?s plea of guilty pursuant to this Agreement be vacated for any reason, any prosecution, based on the conduct set forth in the attached Statement of the Offense, that is not time-barred by the applicable statute of limitations on the date of the signing of this Agreement (including any counts that the Government has agreed not to prosecute or to dismiss at sentencing pursuant to this Agreement) may be commenced or reinstated against your client, notwithstanding the expiration of the statute of limitations between the signing of this Agreement and the commencement or reinstatement of such prosecution. It is the intent of this Agreement to waive all defenses based on the statute of limitations with respect to any prosecution of conduct set forth in the attached Statement of the Offense that is not time-barred on the date that this Agreement is signed. C. Trial Rights Your client understands that by pleading guilty in this case your client agrees to waive certain rights afforded by the Constitution of the United States and/or by statute or rule. Your client agrees to forgo the right to any further discovery or disclosures of information not already provided at the time of the entry of your client?s guilty plea. Your client also agrees to waive, among other rights, the right to be indicted by a Grand Jury, the right to plead not guilty, and the right to a jury trial. If there were a jury trial, your client would have the right to be represented by counsel, to confront and cross?examine witnesses against your client, to challenge the admissibility of evidence offered against your client, to compel witnesses to appear for the purpose of testifying and presenting other evidence on your client?s behalf, and to choose whether to testify. If there were ajury trial and your client chose not to testify at that trial, your client would have the right to have the jury instructed that your client?s failure to testify could not be held against your client. Your client would further have the right to have thejury instructed that your client is presumed innocent until proven guilty, and that the burden would be Page 6 of 10 on the United States to prove your client?s guilt beyond a reasonable doubt. If your client were found guilty a?er a trial, your client would have the right to appeal your client?s conviction. Your client understands that the Fifth Amendment to the Constitution of the United States protects your client from the use of compelled self-incriminating statements in a criminal prosecution. By entering a plea of guilty, your client knowingly and voluntarily waives or gives up your client?s right against compelled self-incrimination. Your client acknowledges discussing with you Rule 11(t) of the Federal Rules of Criminal Procedure and Rule 410 of the Federal Rules of Evidence, which ordinarily limit the admissibility of statements made by a defendant in the course of plea discussions or plea proceedings if a guilty plea is later withdrawn. Your client knowingly and voluntarily waives the rights that arise under these rules in the event your client withdraws your client?s guilty plea or withdraws from this Agreement after signing it. Your client also agrees to waive all constitutional and statutory rights to a speedy sentence and agrees that the plea of guilty pursuant to this Agreement will be entered at a time decided upon by the parties with the concurrence of the Court. Your client understands that the date for sentencing will be set by the Court. D. Appeal Rights Your client understands that federal law, Speci?cally 18 U.S.C. 3742, affords defendants the right to appeal their sentences in certain circumstances. Your client agrees to waive the right to appeal the sentence in this case, including but not limited to any term of imprisonment, ?ne, forfeiture, award of restitution, term or condition of supervised release, authority of the Court to set conditions of release, and the manner in which the sentence was determined, except to the extent the Court sentences your client above the statutory maximum or guidelines range determined by the Court or your client claims that your client received ineffective assistance of counsel, in which case your client would have the right to appeal the illegal sentence or above?guidelines sentence or raise on appeal a claim of ineffective assistance of counsel, but not to raise on appeal other issues regarding the sentencing. In agreeing to this waiver, your client is aware that your client?s sentence has yet to be determined by the Court. Realizing the uncertainty in estimating what sentence the Court ultimately will impose, your client knowingly and willingly waives your client?s right to appeal the sentence, to the extent noted above, in exchange for the concessions made by the Government in this Agreement. E. Collateral Attack Your client also waives any right to challenge the conviction entered or sentence imposed under this Agreement or otherwise attempt to modify or change the sentence or the manner in which it was determined in any collateral attack, including, but not limited to, a motion brought under 28 U.S.C. 2255 or Federal Rule of Civil Procedure 60(b), except to the extent such a motion is based on newly discovered evidence or on a claim that your client received ineffective assistance of counsel. Your client reserves the right to ?le a motion brought under 18 U.S.C. 35 but agrees to waive the right to appeal the denial of such a motion. Page 7 of 10 F. Privacy Act and FOIA Rights Your client also agrees to waive all rights, whether asserted directly or by a representative, to request or receive from any department or agency of the United States any records pertaining to the investigation or prosecution of this case, including and without limitation any records that may be sought under the Freedom of Information Act, 5 U.S.C. 552, or the Privacy Act, 5 U.S.C. 552a, for the duration of the Special Counsel?s investigation. 10. Restitution Your client understands that the Court has an obligation to determine whether, and in what amount, mandatory restitution applies in this case under 18 U.S.C. 3663A. The Government and your client agree that mandatory restitution does not apply in this case. 11. Breach of Agreement Your client understands and agrees that, if after entering this Agreement, your client fails speci?cally to perform or to ful?ll completely each and every one of your client?s obligations under this Agreement, or engages in any criminal activity prior to sentencing, your client will have breached this Agreement. In the event of such a breach: the Government will be free from its obligations under this Agreement; your client will not have the right to withdraw the guilty plea; your client will be fully subject to criminal prosecution for any other crimes, including perjury and obstruction of justice; and the Government will be free to use against your client, directly and indirectly, in any criminal or civil proceeding, all statements made by your client and any of the information or materials provided by your client, including such statements, information, and materials provided pursuant to this Agreement or during the course of any debrie?ngs conducted in anticipation of, or after entry of, this Agreement, whether or not the debrie?ngs were previously characterized as ?off-the-record? debriefings, and including your client?s statements made during proceedings before the Court pursuant to Rule 11 of the Federal Rules of Criminal Procedure. Your client understands and agrees that the Government shall be required to prove a breach of this Agreement only by a preponderance of the evidence, except where such breach is based on a violation of federal, state, or local criminal law, which the Government need prove only by probable cause in order to establish a breach of this Agreement. Nothing in this Agreement shall be construed to permit your client to commit perjury, to make false statements or declarations, to obstruct justice, or to protect your client from prosecution for any crimes not included within this Agreement or committed by your client after the execution of this Agreement. Your client understands and agrees that the Government reserves the right to prosecute your client for any such offenses. Your client further understands that any perjury, false statements or declarations, or obstruction of justice relating to your client?s obligations under this Agreement shall constitute a breach of this Agreement. In the event of such a breach, your client will not be allowed to withdraw your client?s guilty plea. Page 8 of 10 12. Government?s Obligations The Government will bring to the Court?s attention at the time of sentencing the nature and extent of your client?s cooperation or lack of cooperation. The Government will evaluate the full nature and extent of your client?s cooperation to determine whether your client has provided substantial assistance in the investigation or prosecution of another person who has committed an offense. If the Government determines that your client has provided such substantial assistance, this Of?ce shall ?le a departure motion pursuant to Section 5K1.1 of the Sentencing Guidelines, which would afford your client an opportunity to persuade the Court that your client should be sentenced to a lesser period of incarceration and/or ?ne than indicated by the Sentencing Guidelines. The determination of whether your client has provided substantial assistance warranting the ?ling of a motion pursuant to Section 5K1.1 of the Sentencing Guidelines is within the sole discretion of the Government and is not reviewable by the Court. In the event your client should fail to perform speci?cally and ful?ll completely each and every one of your client?s obligations under this Agreement, the Government will be free from its obligations under this Agreement, and will have no obligation to present your client?s case to the Departure Guideline Committee or ?le a departure motion pursuant to Section 5K1.l of the Sentencing Guidelines. 13. Complete Agreement No agreements, promises, understandings, or representations have been made by the parties or their counsel other than those contained in writing herein, nor will any such agreements, promises, understandings, or representations be made unless committed to writing and signed by your client, defense counsel, and the Special Counsel?s Of?ce. Y0ur client further understands that this Agreement is binding only upon the Special Counsel?s Of?ce. This Agreement does not bind any other United States Attorney?s Of?ce, nor does it bind any other state, local, or federal prosecutor. It also does not bar or compromise any civil, tax, or administrative claim pending or that may be made against your client. If the foregoing terms and conditions are satisfactory, your client may so indicate by signing this Agreement and the Statement of the Offense, and returning both to me no later than November 30, 2017. Sincerely yours, ROBERT S. MUELLER, 111 Special Counsel an ?t a Braddon L. Van G?ra?ck Zainab N. Ahmad Senior Assistant Special Counsels The Special Counsel?s Of?ce Page 9 of 10 ACCEPTANCE I have read every page of this Agreement and have discussed it with my attorneys, Robert K. Kelner and Stephen P. Anthony. I fully understand this Agreement and agree to it without reservation. I do this voluntarily and of my own free will, intending to be legally bound. No threats have been made to me nor am I under the in?uence of anything that could impede my ability to understand this Agreement fully. I am pleading guilty because I am in fact guilty of the offense identi?ed in this Agreement. I reaf?rm that absolutely no promises, agreements, understandings, or conditions have been made or entered into in connection with my decision to plead guilty except those set forth in this Agreement. I am satis?ed with the legal services provided by my attorneys in connection with this Agreement and matters related to it. Date: ?130?? Mb Lieutenant 1 Michael T. (Ret.) Defend ACKNOWLEDGMENT I have read every page of this Agreement, reviewed this Agreement with my client, Lieutenant General Michael T. and fully discussed the provisions of this Agreement with my client. These pages accurately and completely set forth the entire Agreement. I concur in my client?s desire to plead guilty as set forth in this Agreement. Robert K. Kelner Attorney for Defendant in (Stephen P. Anthony Attorney for Defendant Date: Page 10 of 10 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA Criminal No.: v. Violation: 18 U.S.C. 1001 (False Statements) MICHAEL T. Defendant. STATEMENT OF THE OFFENSE Pursuant to Federal Rule of Criminal Procedure ll, the United States of America and the defendant, MICHAEL T. stipulate and agree that the following facts are true and accurate. These facts do not constitute all of the facts known to the parties concerning the charged offense; they are being submitted to demonstrate that suf?cient facts exist that the defendant committed the offense to which he is pleading guilty. 1. The defendant, MICHAEL T. who served as a surrogate and national security advisor for the presidential campaign of Donald J. Trump (?Campaign?), as a senior member of President-Elect Trump?s Transition Team (?Presidential Transition Team?), and as the National Security Advisor to President Trump, made materially false statements and omissions during an interview with the Federal Bureau of Investigation on January 24, 2017, in Washington, DC. At the time of the interview, the FBI had an open investigation into the Government of Russia?s (?Russia?) efforts to interfere in the 2016 presidential election, including the nature of any links between individuals associated with the Campaign and Russia, and whether there was any coordination between the Campaign and Russia?s efforts. 2. false statements and omissions impeded and otherwise had a material impact on the ongoing investigation into the existence of any links or coordination between individuals associated with the Campaign and Russia?s efforts to interfere with the 2016 presidential election. False Statements Regarding ?s Request to the Russian Ambassador that Russia Refrain from Escalating the Situation in Response to U.S. Sanctions against Russia 3. On or about January 24, 2017, agreed to be interviewed by agents from the FBI (?January 24 voluntary interview?). During the interview, falsely stated that he did not ask Russia?s Ambassador to the United States (?Russian Ambassador?) to refrain from escalating the situation in response to sanctions that the United States had imposed against Russia. also falsely stated that he did not remember a follow-up conversation in which the Russian Ambassador stated that Russia had chosen to moderate its response to those sanctions as a result of request. In truth and in fact, however, LYNN then and there knew that the following had occurred: a. On or about December 28, 2016, then?President Barack Obama signed Executive Order 13757, which was to take effect the following day. The executive order announced sanctions against Russia in response to that government?s actions intended to interfere with the 2016 presidential election Sanctions?). b. On or about December 28, 2016, the Russian Ambassador contacted c. On or about December 29, 2016, LYNN called a senior of?cial of the Presidential Transition Team of?cial?), who was with other senior members of the Presidential Transition Team at the Mar-a-Lago resort in Palm Beach, Florida, to discuss what, if anything, to communicate to the Russian Ambassador about the U.S. Sanctions. On that call, LYNN and the PTT of?cial discussed the U.S. Sanctions, including the potential impact of those sanctions on the incoming administration?s foreign policy goals. The PTT official and also discussed that the members of the Presidential Transition Team at Mar-a-Lago did not want Russia to escalate the situation. Immediately after his phone call with the PTT official, LYNN called the Russian Ambassador and requested that Russia not escalate the situation and only respond to the U.S. Sanctions in a reciprocal manner. Shortly after his phone call with the Russian Ambassador, spoke with the PTT of?cial to report on the substance of his call with the Russian Ambassador, including their discussion of the U.S. Sanctions. On or about December 30, 2016, Russian President Vladimir Putin released a statement indicating that Russia would not take retaliatory measures in response to the U.S. Sanctions at that time. On or about December 31, 2016, the Russian Ambassador called and informed him that Russia had chosen not to retaliate in response to request. After his phone call with the Russian Ambassador, Spoke with senior members of the Presidential Transition Team about conversations with the Russian Ambassador regarding the U.S. Sanctions and Russia?s decision not to escalate the situation. False Statements Regarding LIWN ?s Request that Foreign Of?cials Vote Against or Delay a United Nations Security Council Resolution 4. During the January 24 voluntary interview, made additional false statements about calls he made to Russia and several other countries regarding a resolution submitted by Egypt to the United Nations Security Council on December 21, 2016. Speci?cally falsely stated that he only asked the countries? positions on the vote, and that he did not request that any of the countries take any particular action on the resolution. also falsely stated that the Russian Ambassador never described to him Russia?s response to request regarding the resolution. In truth and in fact, however, then and there knew that the following had occurred: a. On or about December 21, 2016, Egypt submitted a resolution to the United Nations Security Council on the issue of Israeli settlements (?resolution?). The United Nations Security Council was scheduled to vote on the resolution the following day. On or about December 22, 2016, a very senior member of the Presidential Transition Team directed to contact of?cials from foreign governments, including Russia, to learn where each government stood on the resolution and to in?uence those governments to delay the vote or defeat the resolution. On or about December 22, 2016, contacted the Russian Ambassador about the pending vote. LYNN informed the Russian Ambassador about the incoming administration?s opposition to the resolution, and requested that Russia vote against or delay the resolution. d. On or about December 23, 2016, again spoke with the Russian Ambassador, who informed that if it came to a vote Russia would not vote against the resolution. Other False Statements Regarding LYNN ?3 Contacts with Foreign Governments 5. On March 7, 2017, ?led multiple documents with the Department of Justice pursuant to the Foreign Agents Registration Act pertaining to a project performed by him and his company, the Intel Group, Inc. for the principal bene?t of the Republic of Turkey (?Turkey project?). In ?lings, LYNN made materially false statements and omissions, including by falsely stating that FIG did not know whether or the extent to which the Republic of Turkey was involved in the Turkey project, the Turkey project was focused on improving US business organizations? con?dence regarding doing business in Turkey, and an op-ed by published in The Hill on November 8, 2016, was written at his own initiative; and by omitting that of?cials from the Republic of Turkey provided supervision and direction over the Turkey project. ROBERT S. MUELLER, ecial Cou - By: \qu?idmi Van\GI'ack Zainab N. Ahmad Senior Assistant Special Counsels The Special Counsel?s Of?ce ACCEPTANCE The preceding statement is a summary, made for the purpose of providing the Court with a factual basis for my guilty plea to the charge against me. It does not include all of the facts known to me regarding this offense. I make this statement knowingly and voluntarily and because lam, in fact, guilty of the crime charged. No threats have been made to me nor am I under the in?uence of anything that could impede my ability to understand this Statement of the Offense fully. I have read every word of this Statement of the Offense, or have had it read to me. Pursuant to Federal Rule of Criminal Procedure 11, after consulting with my attorneys, I agree and stipulate to this Statement of the Offense, and declare under penalty of perjury that it is true and correct. Date: ii] 35 i Michael T. Ff Defend ACKNOWLEDGMENT I have read this Statement of the Offense, and have reviewed it with my client fully. I concur in my client's desire to adopt and stipulate to this Statement of the Offense as true and accurate. Date: ?1 lga Robert K. Kelner Attorney for Defendant StEphen P. Anthony Attorney for Defendant