Case Document 4 Filed 12/01/17 Page 1 of 6 FILED UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA 0 2017 Clerk, U.S. Distn' Ba Ct and UNITED STATES OF AMERICA Criminal No.: "kath Courts v. Violation: 18 U.S.C. 1001 (False Statements) MICHAEL T. Defendant. STATEMENT OF THE OFFENSE Pursuant to Federal Rule of Criminal Procedure 11, 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 iinks or coordination Case 1:17-cr-00232-RC Document 4 Filed 12/01/17 Page 2 of 6 between individuals associated with the Campaign and Russia?s efforts to interfere with the 2016 presidential election. False Statements Regarding Request to the Russian Ambassador that Russia Re?ain?om Escalating the Situation in Response to US. Sanctions against Russia 3. On or about January 24, 2017, LYNN agreed to be interviewed by agents from the FBI (?January 24 voluntary interview?). During the interview, faisely 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, 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 Debember 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, and Case 1:17-cr-00232-RC Document 4 Filed 12/01/17 Page 3 of 6 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 of?cial and also discussed that the members of the Presidential Transition Team at Mar-a-Lago did not want Russia to escalate the situation. (1. Immediately after his phone call with the PTT of?cial, called the Russian Ambassador and requested that Russia not escalate the situation and only respond to the U.S. Sanctions in a reciprocal manner. e. Shortly after his phone call with the Russian Ambassador, LYNN 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. f. 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. g. On or about December 31, 2016, the Russian Ambassador called and informed him that Russia had chosen not to retaliate in response to request. h. After his phone call with the Russian Ambassador, LYNN 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. Case 1:17-cr-00232-RC Document 4 Filed 12/01/17 Page 4 of 6 False Statements Regarding FL YNN ?3 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. LYNN 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. Case Document 4 Filed 12/01/17 Page 5 of 6 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 FL YNN ?5 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 the ?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 U.S. business organizations? con?dence regarding doing business in Turkey, and an op-ed by LYNN published in The Hill on November 8, 2016, was written at his own initiative; and by omitting that officials from the Republic of Turkey provided supervision and direction over the Turkey project. ROBERT S. MUELLER, Side! AZ. By: \ligai?ldon Ll Vanhiac Zainab N. Ahmad Senior Assistant Special Counsels The Special Counsel?s Of?ce Case Document 4 Filed 12/01/17 Page 6 of 6 DEF 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 I am, 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; n/za he Michael T.F Defendaf 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: /Zb Robert K. Kelner Attorney for Defendant Stephen P. Anthorg Attorney for Defendant