Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 1 of 178 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA v. Crim No.: 17-232 (EGS) MICHAEL T. FLYNN, Defendant DEFENDANT’S MEMORANDUM IN AID OF SENTENCING Robert K. Kelner Stephen P. Anthony Covington & Burling LLP One CityCenter 850 Tenth Street, NW Washington, DC 20001 Counsel for the Defendant December 11, 2018 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 2 of 178 TABLE OF CONTENTS I. A Sentence of Probation Is Warranted In Light of the 18 U.S.C. § 3553(a) Factors ................................................................................................................................ 1 A. The History and Characteristics of the Defendant ............................................ 2 B. The Nature and Circumstances of the Offense .................................................. 7 C. The Seriousness of the Offense, Just Punishment, and Respect for the Law ......................................................................................................................... 9 II. The Nature and Extent of General Flynn’s Cooperation ............................................ 12 III. Conclusion ....................................................................................................................... 13 ii Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 3 of 178 INDEX OF EXHIBITS Letters of Support A1. Frank Larkin, former U.S. Senate Sergeant-At-Arms A2. Clare Eckert, on behalf of Flynn siblings A3. General Jack Keane (Ret.), former Vice Chief of Staff, U.S. Army A4. Colonel Yvette Hopkins (Ret.), U.S. Army A5. Captain Seth Walters, U.S. Navy A6. John Bucklew, United States Southern Command A7. Kris Hager, Gold Star father A8. Herber Felix, Deputy Assistant Chief Of Staff, G2 (Support) of the XVIII Airborne Corps, U.S. Army A9. Joe Flynn, brother A10. Chief Master Sergeant Rod Hartsook (Ret.), U.S. Air Force A11. Chief Master Sergeant Troy Eden (Ret.), U.S. Air Force A12. Katherine Velez, Civilian Officer, Department of Defense A13. Colonel Thomas Heaney (Ret.), U.S. Army A14. Admiral Paul Becker (Ret.), Rear Admiral, U.S. Navy A15. Rosalinda Ortega Pemberton, former Executive Assistant A16. Nancy Walters, Army spouse and family friend A17. Colonel Christopher Vanek, U.S. Army A18. Margaret McDeed, Army spouse and family friend A19. Lt. Colonel Scott McDeed (Ret.), U.S. Army A20. Colonel Tom Faust (Ret.), U.S. Army A21. Patricia O’Connell, Army spouse and family friend iii Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 4 of 178 A22. Marian Elmore, Vice President of McJunkin Family Charitable Foundation A23. Patricia Houchens and Ken Jones, President and Vice President of McJunkin Family Charitable Foundation A24. Major General Robert Walters, U.S. Army A25. Paula Beckman, Army spouse and family friend A26. Master Sergeant William Beckman (Ret.), U.S. Army A27. Kimberly Becker, Navy spouse and family friend A28. George Andrade, brother-in-law A29. Elizabeth MacPherson, Army spouse and family friend A30. Colonel Joseph Blair (Ret.), U.S. Army A31. Cheryl Quinn, cousin-in-law A32. Colonel Sharon Hamilton (Ret.), U.S. Army A33. Captain Agustin Taveras (Ret.), U.S. Army A34. Colonel Rey Velez (Ret.), U.S. Army A35. Colonel Nichoel Brooks, U.S. Army A36. Colonel Benjamin Clark (Ret.), U.S. Army A37. John MacPherson, family friend A38. Barbara Ledeen, family friend A39. Sergeant Steven Kallemeyn (Ret.), U.S. Marine Corps A40. Colonel Lawrence Connell (Ret.), U.S. Army and childhood friend A41. Lt. Commander Harrison Coleman, U.S. Navy and former Aide-de-Camp A42. Colonel Andres Nazario, U.S. Air Force iv Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 5 of 178 A43. Captain Rick Myllenbeck (Ret.), U.S. Navy and former Aide-de-Camp A44. Colonel Joseph Cox (Ret.), U.S. Army A45. Colonel James Waurishuk (Ret.), U.S. Air Force A46. Major Harry Hurst (Ret.), U.S. Army A47. Lyndon Searles, Civilian Officer, Department of Defense A48. Colonel Anthony MacDonald (Ret.), U.S. Army A49. Lt. Colonel Michael Herbert (Ret.), U.S. Army A50. Colonel Timothy Kiely (Ret.), U.S. Army Military Service Materials B1. Form DD-214 B2. 2004 Legion of Merit Citation B3. December 1988 Army Evaluation B4. April 1997 Army Evaluation B5. September 1997 Army Evaluation B6. April 2007 Army Evaluation B7. 2002 Bronze Star Citation v Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 6 of 178 PRELIMINARY STATEMENT The defendant, through his attorneys, submits this Memorandum in Aid of Sentencing and respectfully requests that the Court grant the Government’s Motion for Downward Departure pursuant to § 5K1.1 of the United States Sentencing Guidelines, and sentence him to a term of probation not to exceed one year, with minimal conditions of supervision, along with 200 hours of community service. General Flynn has accepted responsibility for his conduct. He has cooperated extensively with several Department of Justice investigations, as detailed in the addendum to the Government’s Memorandum in Aid of Sentencing. As the Government has made clear, his cooperation was not grudging or delayed. Rather, it preceded his guilty plea or any threatened indictment and began very shortly after he was first contacted for assistance by the Special Counsel’s Office. Following extraordinary public service in the United States Army, during which his innovations as a highly decorated intelligence officer saved countless American lives, and a lifetime of faithful devotion to his family and fellow service members and veterans, as described in the powerful letters of support that accompany this submission, a sentence of non-incarceration is both appropriate and warranted. I. A Sentence of Probation Is Warranted In Light of the 18 U.S.C. § 3553(a) Factors Viewed against the backdrop of the many cases that have come before this Court over the years, General Flynn’s case stands out in several respects: his exceptional record of military service; his genuine contrition for the uncharacteristic error in judgment that brought him before this Court; and his deep respect for the law, as reflected in his extensive cooperation with the Government’s efforts to get to the truth and to enforce the laws. The federal sentencing statute requires that the Court tailor an individualized sentence that is “sufficient, but not greater than necessary” to comply with the purpose of 18 U.S.C. § 3553(a)(2), and, in “determining the particular sentence to be imposed, shall consider— 1 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 7 of 178 (1) the nature and circumstances of the offense and the history and characteristics of the defendant; (2) the need for the sentence imposed— (A) (B) (C) (D) to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense; to afford adequate deterrence to criminal conduct; to protect the public from further crimes of the defendant; and to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner. 18 U.S.C. § 3553(a). In this case, a sentence of probation is just and appropriate, for the reasons stated below. A. The History and Characteristics of the Defendant General Flynn has dedicated nearly his entire adult life to the United States Army, serving for 33 years and four months. He spent five of those years in combat in Grenada, Haiti, Iraq, and Afghanistan, putting himself in harm’s way and spending long periods far from his family. 1 Prior to his military career, General Flynn grew up in modest, working class circumstances, in a tight-knit family of nine siblings living in a small house in Rhode Island, the son of a career Army non-commissioned officer and a mother who, after raising a large family, graduated from law school at the age of 63. His parents raised two sons who would go on to be U.S. Army generals, along with other siblings who became CEOs and schoolteachers. He worked as a lifeguard as a teenager, graduated from the ROTC program at the University of Rhode Island, and then joined the regular Army. As a young intelligence officer deployed to Grenada during the U.S. invasion of that island nation in 1983, he spotted two U.S. servicemen 1 See Form DD-214 (Ex. B1); Presentence Investigation Report (“PSR”) ¶ 70, United States v. Flynn, 17 CR 232 (D.D.C. Nov. 20, 2018) (Doc. 45). 2 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 8 of 178 being swept out to sea. Drawing on his lifeguarding experience from the Rhode Island beaches, he promptly dove off a 40-foot cliff into the ocean and rescued each of the servicemen, swimming them back to shore one-by-one. 2 Though a celebrated story among his Army buddies and family, it was not the only time he saved a life, both in the military and as a civilian. 3 Even in a military that tends to favor academy graduates, he rose steadily through the ranks by virtue of his skill as an intelligence officer and his recognized talent for leadership, ultimately serving in many of the Army’s key staff and command positions for intelligence. He served for 16 years as a paratrooper, including in the 82nd Airborne Division, and qualified as an elite U.S. Army Ranger, making more than 150 combat training jumps during the course of his career. He eventually served as the senior intelligence officer for the 82nd Airborne Division and for the 18th Airborne Corps; Director of Intelligence for U.S. Forces in Afghanistan (in 2002 and again in 2009-10); Director of Intelligence for the Joint Special Operations Command, including service in Iraq and Afghanistan; Director of Intelligence for the U.S. Central Command; Director of Intelligence for the Joint Chiefs of Staff; Assistant Director of National Intelligence, in the Office of the Director of National Intelligence; and finally, Director of the Defense Intelligence Agency. In recognition of his most significant accomplishments in the military, he was awarded, on multiple occasions, the following decorations, among others: 2 • The Army Commendation Medal (1983, 1984, 1990, 1991, 1996) • The Meritorious Service Medal (1982, 1987, 1992, 1995, 1997, 2000) Letter of Support from Clare Eckert at 5 (Ex. A2). 3 As a teenager, he was recognized in his hometown for saving the lives of two children, whom he and a friend pulled from the path of a rolling car, resulting in a commendation from the Mayor. See id. at 2. 3 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 9 of 178 • The Joint Service Commendation Medal (1995) • The Legion of Merit (2002, 2004) • The Bronze Star (2002, 2005, 2006, 2007) • The Defense Superior Service Medal (2007, 2008, 2009, 2010) • The Defense Distinguished Service Medal (2014) 4 Citations accompanying these many awards and decorations tell a story of valor and accomplishment on the battlefield that, for example, helped turn the tide of battle in Iraq. The citation for one of his four Bronze Stars received for his service in Afghanistan recounts how he “reorganized multiple joint and combined intelligence teams and processes to produce a dramatic economy of force while intelligently leveraging and focusing collection assets against the enemy.... His performance of duty in a combat zone reflects great credit upon him....” 5 Four-star General Jack Keane (Ret.), who at that time oversaw operations in Iraq and Afghanistan as Vice Chief of Staff of the U.S. Army, writes in his attached letter of support that General Flynn was “the officer who single-handedly changed how we created, processed, and used intelligence during combat in the 9/11 wars.” General Keane describes General Flynn as a “change agent and innovator,” adding that – by sheer force of persuasion, uncommon good judgment and moral courage, he changed the US operational and tactical intelligence system, making it responsive to our warfighters. At their fingertips was valuable information from data mining, photographs of suspected terrorists, behavior patterns of enemy leaders and their organizations, transcripts of phone conversations and terrorist email exchanges. There is no doubt that Mike's contribution was consequential to mission success and the preservation of life. 6 4 See Form DD-214 (Ex. B1); PSR ¶ 71. 5 2002 Bronze Star citation (Ex. B7). 6 Letter of Support from General Jack Keane at 2 (Ex. A3). 4 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 10 of 178 This tells an important part of General Flynn’s story, but the soldiers who fought alongside him, as well as his commanders, emphasize the personal qualities that set him apart from other general officers. They call him a “Soldier’s Soldier” because of his genuine devotion to his troops, 7 describing him as a “caring” leader, a “mentor,” and a man who demonstrated “sincere” and “selfless” commitment to his country. 8 He showed compassion not only for the soldiers under his command, but also for their families. As both a Captain and Lieutenant Colonel, he created care programs for service members and their families. 9 Colonel Tom Faust (Ret.) recalls that “Mike Flynn was superb at creating a more family-friendly construct for his Soldiers and their families,” and “[h]e and his wife, Lori, raised a tremendous Army Family and provided an example of balance and teamwork that became an example for others to adopt and to use across the Army.” 10 General Flynn served in Iraq from July 16, 2004 until June 15, 2007. 11 According to those who served with him in the Joint Special Operations Command in Iraq, he demonstrated 7 Letter of Support from Thomas Heaney at 2 (Ex. A13). 8 Letter of Support from Anthony MacDonald at 1 (Ex. A48) (describing General Flynn’s “outstanding leadership, selfless commitment, and unwavering loyalty”); Letter of Support from Tom Faust at 4 (Ex. A20) (“[Mike] led, trained, mentored, coached, and protected thousands to success….” ); 2004 Legion of Merit Citation (Ex. B2) (“He executed all missions with sincere passion and dedication to duty and country”); December 1988 Army Evaluation at 2 (Ex. B3) (“CPT Flynn has established a command climate based on active command presence, caring leadership….” ); April 1997 Army Evaluation at 2 (Ex. B4) (“Mike is…a [t]remendous leader, trainer and mentor….” ). 9 September 1997 Army Evaluation at 2 (Ex. B5) (“[Mike Flynn is] [a] truly concerned and natural leader, Mike’s soldier and family care programs have made a believer out of his troopers.”); December 1988 Army Evaluation at 2 (Ex. B3) (“CPT Flynn has established a command climate based on active command presence, caring leadership, concern for the soldier's family, and by establishing high standards of discipline in every activity.”). 10 Letter of Support from Tom Faust at 2 (Ex. A20). 11 Form DD-214 (Ex. B1). 5 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 11 of 178 selflessness and bravery. 12 In the Army’s 2007 formal evaluation of General Flynn, his commanding officer, General Stanley McChrystal, lauded General Flynn’s actions during this period, noting that “Mike Flynn’s impact on the nation’s War on Terror probably trumps any other single person as his energy and skill at harnessing the Intelligence Community into a focused effort was literally historic.” 13 While General Flynn is profoundly grateful for the opportunity to have served the United States, his service did involve personal sacrifice. The years he spent on combat tours required separation from his wife Lori, the high school sweetheart to whom he has been married for thirty seven-years, and his two children, Matthew and Michael Jr. He missed countless moments with his family, including birthdays, weddings, and anniversaries. General Flynn’s military service, including in combat zones, also resulted in serious, chronic health issues detailed in the Presentence Investigation Report, to which we direct the Court’s attention. 14 Following his retirement from the Army, General Flynn served those less fortunate than himself in the communities where he has lived and worked. This service has continued during the pendency of this case. 15 He works with the Special Operations Warrior Foundation and Operation 300 to raise money for college scholarships and educational counseling for the surviving children of Special Operations personnel killed in the line of duty, and the McJunkin Family Charitable Foundation, which provides funding for veterans-related issues. 16 He is also 12 See Letter of Support from John Bucklew at 1 (Ex. A6); Letter of Support from Anthony MacDonald at 1 (Ex. A48). 13 April 2007 Army Evaluation at 2 (Ex. B6). 14 See PSR ¶¶ 49-53. 15 Letter of Support from Rod Hartsook at 2 (Ex. A10); Letter of Support from Marian Elmore at 1 (Ex. A22); Letter of Support from Patricia Houchens and Ken Jones at 1 (Ex. A23). 16 Id. 6 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 12 of 178 heavily involved in providing support for Gold Star Families who have lost a loved one in combat. 17 As former Sergeant at Arms of the U.S. Senate, Frank Larkin, a Gold Star parent, put it, General Flynn “devotes a considerable amount of his time advocating for Gold Star Families whose loved ones made the ultimate sacrifice for this nation.... Mike Flynn will passionately roll up his sleeves and lean forward to make a measurable difference in the lives of many veterans in need.” 18 Finally, General Flynn and his family are very active in their local Catholic communities at St. Mary’s and Jesus Savior Churches in Newport, Rhode Island. Many of the churches’ parishioners and priests have known General Flynn for decades and have shared memories with him, both joyful and tragic. His Catholic faith and these communities remain an integral part of his life. General Flynn’s commitment to community service, especially with respect to military families and veterans, spans his lifetime, and he would welcome the opportunity to continue to expand that community service. B. The Nature and Circumstances of the Offense General Flynn does not take issue with the description of the nature and circumstances of the offense contained in the Government’s sentencing memorandum and the Presentence Investigation Report. See Government’s Memorandum in Aid of Sentencing (“Gov. Sent. Mem.”) at 2-5, United States v. Flynn, 17 CR 232 (D.D.C. Dec. 4, 2018) (Doc. 46); PSR ¶¶ 1522. As General Flynn has frankly acknowledged in his own words, he recognizes that his actions were wrong and he accepts full responsibility for them. 19 There are, at the same time, some 17 Letter of Support from Kris Hager at 1 (Ex. A7); Letter of Support from Frank Larkin at 2 (Ex. A1). 18 Letter of Support from Frank Larkin at 2 (Ex. A1). 19 See PSR ¶ 7. 7 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 13 of 178 additional facts regarding the circumstances of the FBI interview of General Flynn on January 24, 2017, that are relevant to the Court’s consideration of a just punishment. At 12:35 p.m. on January 24, 2017, the first Tuesday after the presidential inauguration, General Flynn received a phone call from then-Deputy Director of the FBI, Andrew McCabe, on a secure phone in his office in the West Wing. 20 General Flynn had for many years been accustomed to working in cooperation with the FBI on matters of national security. He and Mr. McCabe briefly discussed a security training session the FBI had recently conducted at the White House before Mr. McCabe, by his own account, stated that he “felt that we needed to have two of our agents sit down” with General Flynn to talk about his communications with Russian representatives. 21 Mr. McCabe’s account states: “I explained that I thought the quickest way to get this done was to have a conversation between [General Flynn] and the agents only. I further stated that if LTG Flynn wished to include anyone else in the meeting, like the White House Counsel for instance, that I would need to involve the Department of Justice. [General Flynn] stated that this would not be necessary and agreed to meet with the agents without any additional participants.” 22 20 Certain information summarized or quoted in this Memorandum derives from documents furnished to Defendant’s counsel pursuant to the Protective Order, United States v. Flynn, 17 CR 232 (D.D.C. Feb. 21, 2018) (Doc. 22). Undersigned counsel conferred with the Government, which represented that disclosing the selected information does not constitute a violation of the Protective Order. 21 Memorandum dated Jan. 24, 2017. 22 Id. 8 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 14 of 178 Less than two hours later, at 2:15 p.m., FBI Deputy Assistant Director Peter Strzok and a second FBI agent arrived at the White House to interview General Flynn. 23 By the agents’ account, General Flynn was “relaxed and jocular” and offered to give the agents “a little tour” of the area around his West Wing office. 24 The agents did not provide General Flynn with a warning of the penalties for making a false statement under 18 U.S.C. § 1001 before, during, or after the interview. Prior to the FBI’s interview of General Flynn, Mr. McCabe and other FBI officials “decided the agents would not warn Flynn that it was a crime to lie during an FBI interview because they wanted Flynn to be relaxed, and they were concerned that giving the warnings might adversely affect the rapport,” one of the agents reported. 25 Before the interview, FBI officials had also decided that, if “Flynn said he did not remember something they knew he said, they would use the exact words Flynn used, . . . to try to refresh his recollection. If Flynn still would not confirm what he said, . . . they would not confront him or talk him through it.” 26 One of the agents reported that General Flynn was “unguarded” during the interview and “clearly saw the FBI agents as allies.” 27 C. The Seriousness of the Offense, Just Punishment, and Respect for the Law While General Flynn has fully acknowledged his wrongful conduct and comes before the Court to accept the consequences, the circumstances described above warrant the Court’s consideration as it evaluates the seriousness of the offense, relative to the circumstances of 23 FD-302 dated Aug. 22, 2017, at 3. 24 Id. 25 Id. 26 Id. 27 Id. 9 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 15 of 178 witness interviews in typical cases charged under 18 U.S.C. § 1001, including the two cases prosecuted by the Special Counsel that are discussed below. General Flynn’s respect for the law is demonstrated by his decision to accept responsibility for his actions soon after the Special Counsel’s Office reached out to him and sought his cooperation. Even when circumstances later came to light that prompted extensive public debate about the investigation of General Flynn, including revelations that certain FBI officials involved in the January 24 interview of General Flynn were themselves being investigated for misconduct, General Flynn did not back away from accepting responsibility for his actions. A term of probation with minimal conditions of supervision is a just punishment. 28 We have identified thirteen cases over the past ten years that have proceeded to sentencing in the U.S. District Court for the District of Columbia involving a violation of 18 U.S.C. § 1001 in which the total offense level was 4, as it is in this case. 29 Only two of those thirteen cases 28 We ask the Court to exercise its discretion by deleting conditions 2, 3, 6, and 7 of the standard conditions recommended under U.S.S.G. § 5B1.3(c). We also request that the Court conclude based on the Presentence Investigation Report that drug testing is not necessary, in accordance with U.S.S.G. § 5B1.3(a)(5) and 18 U.S.C. § 3563(a)(5). As noted above, we submit that a condition requiring community service would be appropriate under U.S.S.G. § 5B1.3(a)(2) and 18 U.S.C. §§ 3563(a)(2) and (b)(12). 29 United States v. Van Der Zwaan, 18 CR 31 (D.D.C. 2018); United States v. Zagaytov, 17 CR 36 (D.D.C. 2017); United States v. Papadopoulos, 17 CR 182 (D.D.C. 2017); United States v. Soto, 14 CR 108 (D.D.C. 2014); United States v. Perez, 14 CR 109 (D.D.C. 2014); United States v. Rodriguez, 13 CR 061 (D.D.C 2013); United States v. Brooks, 12 CR 130 (D.D.C. 2012); United States v. Polozola, 11 CR 374 (D.D.C. 2011); United States v. Rodney, 11 CR 038 (D.D.C. 2011); United States v. Walston, 10 CR 110-3 (D.D.C. 2010); United States v. Lieb, 10 CR 144 (D.D.C. 2010); United States v. Lerch, 10 CR 264 (D.D.C. 2010); United States v. Mahler, 09 CR 266 (D.D.C. 2009). Judges in the District Court for the District of Columbia have also sentenced defendants to probation in several 18 U.S.C. § 1001 cases where the total offense level was 6 rather than 4, as it is in this case. See, e.g., United States v. Humphrey, 14 CR 82 (D.D.C. 2017); United States v. Silva, 16 CR 69 (D.D.C. 2016); United States v. Adams, 14 CR 161 (D.D.C. 2014). 10 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 16 of 178 resulted in a sentence of imprisonment. Both involved defendants charged by the Special Counsel’s Office. 30 Even before taking into account his substantial assistance, as reflected in the Government’s Motion for Downward Departure, United States v. Flynn, 17 CR 232 (D.D.C. Nov. 20, 2018) (Doc. 47), General Flynn’s case is distinguishable from those two cases. General Flynn’s case differs from that of Alexander Van der Zwaan, who pled guilty to lying to the Special Counsel and failing to produce requested documents. Unlike General Flynn, Mr. Van der Zwaan is a trained attorney who was represented by counsel during the interview; he was interviewed at a time when there was a publicly disclosed, full-bore investigation regarding Russian interference in the 2016 election; and he was given a warning that it is a federal crime to lie during the interview. 31 General Flynn’s case also differs from that of George Papadopoulos, who pled guilty to making false statements regarding his communications with Russians and Russian intermediaries. Mr. Papadopoulos was specifically notified of the seriousness of the investigation, and “was told that he may have important information to provide.” 32 He was warned that lying to investigators was a “federal offense” that could get him “in trouble.” 33 Mr. Papadopoulos’s interview was “not a hurried” encounter, and he had time to reflect on his answers as he traveled from his home to the FBI office in Chicago to continue the interview. 34 30 See United States v. Van Der Zwaan, 18 CR 31 (D.D.C. 2018) (Docs. 1, 28); United States v. Papadopoulos, 17 CR 182 (D.D.C. 2017) ( Docs. 1, 48). 31 United States v. Van Der Zwaan, 18 CR 31, Sentencing Hr’g Tr. 7-9, 31, 33, 37, Apr. 3, 2018. 32 United States v. Papadopoulos, 17 CR 182, Govt. Sentencing Mem. at 1, Aug. 17, 2018. 33 Id. 34 Id. at 2. 11 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 17 of 178 He met with the FBI the following month for a further set of interviews, accompanied by his counsel, and did not correct his false statements. 35 II. The Nature and Extent of General Flynn’s Cooperation We cannot say it any better than the Special Counsel’s Office has: Given all the circumstances, “a sentence at the low end of the guideline range – including a sentence that does not impose a term of incarceration – is appropriate and warranted.” 36 General Flynn provided timely and substantial assistance to law enforcement. He agreed to a proffer with the Special Counsel’s Office upon its first request to speak with him, and with only the scanty protections of a typical Department of Justice proffer letter. As the Government states, his early “decision to plead guilty and cooperate likely affected the decisions of related firsthand witnesses to be forthcoming with the SCO and cooperate.” 37 He participated in five pre-plea proffer sessions with the Special Counsel’s Office and fourteen additional meetings with the Government pursuant to the Plea Agreement entered on December 1, 2017. In total, he participated in nineteen meetings with the Special Counsel’s Office and other components of the Government, totaling approximately sixty-two hours and forty-five minutes. Additionally, General Flynn has produced thousands of documents to the Department of Justice. Even before his voluntary pre-plea proffer sessions, he had chosen to produce sweeping categories of documents held by his two companies, rather than fight over the breadth of subpoenas, and facilitated the production of electronic devices. After his Plea Agreement, he made another five productions of documents. 35 Id. at 6; United States v. Papadopoulos, 17 CR 182, Sentencing Hr’g Tr. 39-40. 36 Gov. Sent. Mem. at 1. 37 Addendum to Gov. Sent. Mem. at 5. 12 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 18 of 178 A false statements case with a guideline range of 0 to 6 months, on top of which the Government has moved for a downward departure under § 5K1.1, presents a particularly strong argument for a non-custodial sentence. Throughout the federal court system in fiscal year 2017, a total of 130 defendants faced sentencing where the “primary offense category” was either “Administration of Justice Offenses” (a term that includes such serious crimes as perjury and obstruction of justice) or “Other Miscellaneous Offenses” (a residual category that includes 18 U.S.C. § 1001). According to the United States Sentencing Commission, the median sentence imposed in those 130 cases was zero months, and the median percent decrease from the guideline minimum was 100.0 percent. 38 III. Conclusion General Flynn devoted his career to serving and protecting the Nation. Having made a serious error in judgment, for which he has shown true contrition, he recognized it was consistent with the values by which he has led his life simply to provide the facts to those charged with enforcing our laws. On the day he entered his guilty plea, he said he was “working to set things right.” He has done so. For these reasons, we respectfully request that the Court impose a sentence of probation, as described above, and community service. 38 U.S. Sentencing Commission, Sourcebook of Federal Sentencing Statistics, Table 30 (2017) (“§5K1.1 Substantial Assistance Departure Cases: Degree of Decrease for Offenders in Each Primary Offense Category, Fiscal Year 2017”). The table reports that “Median Sentence in Months” was 0 and “Median Percent Decrease From Guideline Minimum” was 100.0 for 72 cases in which the primary offense category was an Administration of Justice Offense. It also reports identical figures of 0 months and 100.0 percent decrease from guideline minimum for 58 cases in which the primary offense category was an Other Miscellaneous Offense. 13 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 19 of 178 Respectfully submitted, /s/ Robert K. Kelner (D.C. Bar No. 466880) Stephen P. Anthony (D.C. Bar No. 426536) Covington & Burling LLP One CityCenter 850 Tenth Street NW Washington, DC 20001 (202) 662-6000 14 Case Document 50 Filed 12/11/18 Page 20 of 178 Exhibit A1 Case Document 50 Filed 12/11/18 Page 21 of 178 Frank J. Larkin Annao 21 3 November 15, 2018 The Honorable Judge Emmet G. Sullivan US. District Court for the District of Columbia 333 Constitution Avenue, N.W. Washington DC 20001 Re: Michael T. Dear Judge Sullivan: Without hesitation or reservation, I resolutely endorse Michael integrity, honor and loyalty to this nation and his fellow soldiers. As you decide Mike?s fate, I ask that you consider who Mike is and what makes him the responsible and accountable leader that many colleagues across our military and government have come to respect and revere. I have known Mike for more than 10 years both personally and professionally. We served together in the Department of Defense during the wars in Iraq and Afghanistan working counter-IED and counter-terrorism challenges. Mike?s love and compassion for his family, his military and this nation de?nes his core values and motivations. He is a blue collar salt of the earth American who puts others before himself. He is a ?xer, who has never been afraid to tackle the tough problems. Mike has always jumped in and grabbed an oar; his rank and position in life had no bearing on his commitment to his fellow man and woman. His focus has always been about ensuring our safety and security. I have served as the US Senate Sergeant at Arms and worked in the Department of Defense on tough national security threats. As a career US Secret Service agent, I protected presidents and investigated complex organized crime. I have been a homicide detective and a uniformed city police of?cer walking the beat in tough neighborhoods, where I learned about respecting and protecting the dignity of others who were seeking their life?s path and purpose. I am an excellent judge of character and I know how to recognize bad people with bad intentions. Mike does not and will not ever ?t into this category. Mike is a man who is responsible and accountable for himself and the people that he leads. He will accept the consequences of his actions without excuses or blame. Your Honor, I ask that as you consider any sanctions, that there should be a focus on preserving Mike?s ability to help others. Justice and our society will not be served if Mike is sequestered from the same society that he loves and respects. As another law and order professional, I respectfully recommend considering a course of action that would allow Mike to continue helping our wounded warriors and Gold Star families in need. Case Document 50 Filed 12/11/18 Page 22 of 178 Mike has a very strong personal sense of responsibility and compassion to help fellow warriors, especially those who have come home from war with visible and invisible wounds. He devotes a considerable amount of his time advocating for our Gold Star families, whose loved ones made the ultimate sacri?ce for this nation. If you so determine that a penalty is required in this case, veteran advocacy and support is where Mike can offer the greatest impact. Our wounded warriors and Gold Star families struggle every day with life challenges, often encumbered by the very bureaucracies that are supposed to help them. These heroes need a Mike will passionately roll up his sleeves and lean forward to make a measureable difference in the lives of many veterans in need. When my wife and I lost our Navy SEAL son a year and a half ago, it was Mike and Laurie who were the ?rst to knock on our door and wrap us in hugs and shower us in tears. I will never forget the sincere sense of loss and love that they expressed for us. Mike has never forgotten where he has come from or those that he has served with during his long stellar and respected career of sel?ess service to our nation. This situation should not degrade the great man that he is or detract from the thousands of lives that he has truly impacted in interest of our national security. Mike will always be a trusted close friend, who will be there when I call, someone who will give me the unvarnished ground truth. Likewise, I will always be there for him and Laurie. Thank you for the opportunity to offer thoughts about my honorable friend and valued colleague. Case Document 50 Filed 12/11/18 Page 23 of 178 Exhibit A2 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 24 of 178 The Honorable Judge Emmet G. Sullivan U.S. District Court for the District of Columbia 333 Constitution Avenue, N.W. Washington D.C. 20001 November 26, 2018 Re: Michael T. Flynn Dear Judge Sullivan: I am honored on behalf of my siblings and our families to write to you about our brother, Michael T. Flynn. Although the circumstances of this occasion deeply sadden me, nevertheless, writing about Michael’s extraordinary life as a child, teenager, college student, young soldier, U.S. Army General and father, husband and friend brings joy to my heart. My name is Clare Eckert. Michael is my younger brother by nearly a decade. The age difference between Michael and I is significant as I helped care for him as an infant, watched over him as a toddler and stood in awe as he grew up to be a remarkable man of deep conviction, impeccable character and high moral principles. Throughout a lifetime of achievements that I have personally witnessed, Michael’s behavior has demonstrated the virtues of courage, bravery, integrity, humility, compassion for others and an unwavering faith in God and love for his country and his family. Michael was born on to Charles F. and Helen F. Andrews Flynn (deceased), two Irish Catholics who raised nine children. Our father served for 20 years in the United States Army, including in both World War II and the Korean War. He retired as a Sergeant First Class. Our mother was an intellectual. She was valedictorian of her high school class and went on to eventually earn her Juris Doctor degree at 63 years old from New England School of Law. Our family was a military family. We lived in Army quarters in the United States and overseas. 1 Page Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 25 of 178 Our parents were salt-of-the-earth people who inspired us to be independent thinkers, good and honest hard-working people, life-long learners, team players and respectful of others. My brothers, sisters and I were intentionally named. Many of us were named after Catholic Saints. Michael was named after Saint Michael the Archangel. As fate would have it and as my mother and I would often talk about, Michael’s life experiences and 33-year military career would come to emulate his namesake as a “protector and the leader of the army of God against the forces of evil.” There are many examples in his life that establish the uncanny resemblance he has to his namesake, particularly with respect to Michael’s distinguished moral fortitude and inner strength of character. When Michael was 13 years old, his quick thinking and determination prevented what was sure to be an accidental death of two toddlers as they played in the path of a free-rolling car. A third child had climbed into the car and released its emergency brake. As the car rolled down the driveway towards the toddlers, Michael, who was nearby with a friend, took immediate action and control of the situation by plunging to grab one child out of harm’s way while at the same time directing his friend to do the same for the other child. Those children’s lives were literally saved that day. When the community discovered his feat of heroism, the local newspaper recognized Michael for his unselfish act. The instinct to serve as a caretaker, trusted guardian and a voice of reason has always come naturally to Michael. I don’t remember Michael ever complaining or putting up a fuss when asked to help around the house. Considering our small home and large family of 11 with children of all ages, conflict and tears were unavoidable. Michael, however, as a middle child and positive attitude and balanced temperament, learned to be an arbiter of conflict and calming force early on. I could always depend on him to help me take care of the “little kids” as we called the youngest three when I was put “in charge.” Today, I fondly remember, during my teenage years, the many times that I’d be on my way out of our home and Michael would poke his head from the front door of the house wanting to know when I would be returning. Looking back, it was as if he was the last check-in to tell me to 2 Page Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 26 of 178 take care of myself because he would be awaiting my safe return. He was no more than seven years old when he began this routine with me. As I sit here today and take inventory of his life, this behavior of watching over others and solving problems has proved to be permanent character traits of Michael. Michael is also a natural born leader, willing to face obstacles head-on, build teams, and power through challenges with sheer strength of moral character and deep conviction in his belief in fairness and treating others the way he would want to be treated. In so many instances, I have witnessed him inspire myself and countless others during heartfelt remarks to soldiers and their family members during many Change of Command ceremonies. One such ceremony will always hold a special place in my heart. It took place at Fort Bragg in North Carolina. Michael’s wife and love of his life for nearly 40 years, Lori Andrade Flynn, and their two young sons, along with many members from both of their families were in attendance. This particular ceremony is special to me because, at the time, our Dad was nearly unable to attend. He was in significantly bad health having lost his toes on both feet to diabetes. In fact, doctors insisted that our Dad refrain from flying from Rhode Island to North Carolina for medical reasons. Our father was intent on being there for Michael and so my husband and I happily drove my parents to Fort Bragg. During Michael’s speech that day, he extended tremendous gratitude to our father as a veteran enlisted man of World War II and Korea. Michael selflessly took this opportunity to not only publicly acknowledge his father’s service, but to give thanks and praise to all soldiers, regardless of rank, for their contributions and service to America and the world. Michael’s humility, compassion for others and sense of profound love for soldiers, his family and his country are unmatched. My father talked about Michael and his speech for hours on our ride back to Rhode Island. He was so touched and proud that Michael acknowledged him and the enlisted men and women. My Dad explained that during his 20 years in the Army (until 1963 when he retired as an E-7) he had never heard an Army officer give such heartfelt thanks and praise to the rank-and-file soldiers for their sacrifices. 3 Page Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 27 of 178 Michael has shown the same humility and love for his family time and time again. Whether he gladly visited the local Senior Citizen Center as the “invited guest speaker” or made a congratulatory call or sent a note or email to a brother or sister or niece or nephew about an accomplishment that he had heard about through the family grapevine, he ALWAYS found the time for others. On holidays, we, his brothers and sisters, could always count on Michael to be the first one of us to start an email thread to reconnect wherever we were in the world and let us know he was thinking of us and hoped we enjoyed whatever holiday it was. Over the years, he has made it a priority to reach out to soldiers’ families when they deployed and has mentored many young soldiers along their journeys, including his own nieces and nephew who have joined a military branch of service. He is a trusted friend and confidant who has maintained life-long friendships even as he traveled the world. When he retired from the Army, I was there, as were many of his family members and friends, to hear him graciously give thanks to the hundreds and hundreds of military men and woman and civilian employees from all branches of military and government who attended the ceremony and/or helped him along the way. Michael’s innate kindness, unselfish nature and sincerity all come from deep inside his heart and they remain steadfast to this day, evident through his daily interactions with his family, his friends and all those who cross his path. Earlier this year, one of our sisters, Mary, completed her master’s degree. When Michael arrived at a small gathering to celebrate this achievement, he came with a large helium “Congratulations” balloon and a card in hand for Mary. This is the kind of brother Michael is – he always shows up and is always thoughtful and always kind. When Michael was in high school, he was president of his class, captain of the football team and an all-around great athlete and student. He was well-liked and respected by his friends and teachers. At one of his football games that I attended with our father, I will never forget a certain kick-off play that sent chills down our spines. As the whistle blew in a quiet stadium to start the game, Michael led the defensive field of players with his arm raised, finger pointing to 4 Page Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 28 of 178 the sky proclaiming for his teammates to “CHARGE!”. Down the field, these young teens followed Michael. As my father and I watched him lead the way, we looked at each other in awe knowing that we had just experienced the dynamic strength of Michael’s leadership in action. My Dad and I would often remember having witnessed this extraordinary and sentimental moment as Michael’s military career took off. It exemplified what he would become later in his life as a three-star Army General – a trustworthy protector and leader of men and women in the most critical war time situations against evil forces that one can only imagine. Later, while he was in college at the University of Rhode Island on a ROTC scholarship and playing water polo, I would attend the games. Water polo is a sport of mental and physical toughness and endurance. I would watch Michael excel at motivating and directing his teammates to fight on, even as the constant turbulence of the water and rough and tumble action of play allowed for little oxygen and low visibility as to the whereabouts of the ball. Taking it easy or giving up to Michael were never options. His intensity to work hard at everything he has done over his lifetime has never ever wavered. This competitive swimming experience, along with his years as a lifeguard and his year-round love for surfing along the coastline in Rhode Island, would serve him well in the Army on a deployment to Grenada early in his career. It was in Grenada that he risked his life to save two soldiers who had taken a raft off a local beach and found themselves in a desperate situation: They were holding on to a deflating raft while drifting out to sea in strong currents. Michael had been alerted to this life-threatening situation, saw the two men slipping from their deflating raft into the rough seas and, without hesitation, jeopardized his own life and well-being in an effort to save them. Instinctively, he knew they needed help and that time was of the essence. His fearless determination and compassion for others kicked into action as he sprang from a 40foot cliff into the swirling water below and rescued the two soldiers, safely swimming each soldier onto a ledge of the cliff, where later they would be airlifted by helicopter to land for medical care. 5 Page Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 29 of 178 Risking it all for the sake of others is not uncommon for Michael. Every day of his military career countless soldiers, civilians and their families in America and on foreign soil depended on Michael’s decision-making skills and reflective insight for survival and to help them through the most difficult times. When our family learned that he was receiving backlash for a report he authored to “fix” our country’s military intelligence systems, we had his back and understood that Michael knew it had to be done in order to save lives and protect freedom. The visionary intellectual capacity Michael has exhibited throughout his life may not be appreciated by those unwilling to stand up and take necessary stances in the name of freedom and truth, but Michael’s tenacious ability to manage difficult tasks and to stand alone, when necessary, to do the right thing is undoubtedly his legacy. Michael will also be remembered for the hundreds of thousands of relationships he built over his life. He is a warm-hearted person who understands that to know a person, one must listen and learn what matters to them. Prior to Michael’s appointment as Director of the Department of Army Intelligence, he traveled the United States meeting with state law enforcement departments and their staff. He has deep respect for public servants and these sessions, among other reasons, were to discover how police officers and their communities operated and where intersections with his expertise in the military could be utilized to help keep Americans safe in their homes. Michael and I talked about this experience and his unbridled recognition as to the critical importance of local communities and their public servants for maintaining the welfare of the public. This is but one example of our philosophical discussions about the world around us whenever I visited him at his home or when he was visiting Rhode Island. If he was in Rhode Island, these conversations would often include our mother who was an avid reader. It would be very typical for the three of us to sit on the porch of our family home and debate the latest headline news event whether the topic was the local town budget or a new technological advancement that could change the world. The conversations would flow from one topic to the next. Despite all the superficial and downright false news reports about him, Michael is a deep-thinker, 6 Page Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 30 of 178 contemplative and a serious scholar with vast interests well beyond his expertise in military intelligence. The reality is that Michael is a respectful professional and genuine, loving person. Michael is not a politician. When he left the Army in August 2014, he and his wife Lori came back to Rhode Island. At the time, campaign politics was not on his mind. He and I talked about his next career move as potentially becoming a business owner. Having owned my present business for 14 years, he and I would converse about the various challenges and opportunities of business ownership. The chance to strike out on his own and work with his oldest son was something we discussed at length. It wasn’t until 2015 that he started his own business, thus his time spent as a business-owner before political personalities called upon him for his foreign policy expertise was a very short time. Our family was relieved for Michael, Lori and their sons and two grandchildren when he did retire. (Michael would add a third grandchild in April 2017.) We knew Michael would not be going back to a war zone and we would all get a chance to see him, Lori and the kids more regularly. He is a wonderful father and grandfather and loves spending time with family. He always speaks with a gleam in his eye and love in his heart about his three grandchildren. They call him “PaPa” and his grandkids love his warmth and caring nature, just as we all do. He is one of those grandfathers that will gladly sit at the ocean’s edge and help build sandcastles or volunteer to take the kids for long walks along the shoreline so he can spend even more time with them. Michael has always had more enthusiasm for life and energy than anyone else I have ever known. I remember him running barefoot from his wife’s family home to our family home in the early morning hours to have a coffee with our mother. The distance of that run is about five miles along side roads and rolling hills. Michael has amazing stamina and strength! When Michael was called upon to serve his country again as an advisor to political campaigns, I knew he would give his all and do his very best. Little did I, or anyone in our family, realize what the future would hold for Michael and all of us who have all been profoundly affected by the devastating events that have transpired over the last few years. Michael is loved by his siblings 7 Page Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 31 of 178 and our families. He has been and continues to be the rock for all of us. He has stood by all of us through our own trials and life challenges and brought immense pride to us all. When our mother died at 89 years old in December 2014, Michael’s U.S. Army Airborne wings were laid to rest with her. For two years prior to her passing, I spent as much time as I could with her and would always visit her at least one weekend day. If it was Sunday, the phone was always nearby wherever she and I were sitting because Mom was waiting for her Sunday call from Michael. He never once missed making that call to our Mom. I was there, and I know how much his phone calls meant to her. Michael’s life is remarkable. In my opinion, he is one of the few transformative change agents that history will define for his contribution to the search for world peace and for his willingness to stand up for his beliefs and for others’ rights. He told the truth when it mattered the most to the public and to this country. He has written a best-selling book on his vision to fight global terrorism, and very significantly to me as a woman in the workforce, when he was alerted to the mistreatment and discrimination against a female FBI agent by her superiors, he took action as a high-ranking military officer and publicly supported her without concern for himself, the powerful enemies he may make or his own career. That is who he is. He has saved countless lives as part of his life experiences beginning as a 13-year-old boy, continuing as a young soldier who rescued two soldiers caught in the ocean’s current, and as an intelligence officer willing to accept the risks to tell the truth in an effort to ensure the safety and security of civilians, American soldiers and our allies and countrymen in America and abroad in warring and war-torn nations. Perfection escapes humans. We are all imperfect, including my loving brother Michael, who has paid dearly since finding himself in a predicament where he now faces a Court of law, to be sentenced based upon his plea agreement to an Information charge of making a false statement. 8 Page Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 32 of 178 It is my hope and belief, Your Honor, that justice will be served and Michael will walk out of your courtroom a free man to the loving and open arms of his family. Thank you, Your Honor, for considering my words of support for my brother Michael as you determine his sentence. I am available, at any time, to offer additional insights about my beloved brother Michael. Sincerely, Clare (Flynn) Eckert Saunderstown, Rhode Island 02874 9 Page Case Document 50 Filed 12/11/18 Page 33 of 178 Exhibit A3 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 34 of 178 29 November, 2018 The Honorable Judge Emmet G. Sullivan U.S. District Court for the District of Columbia 333 Constitution Avenue, N.W. Washington D.C. 20001 Re: Michael T. Flynn Dear Judge Sullivan, I am Jack Keane, former Vice chief of staff, US Army, retired in October 2003. I was in the Pentagon on 9/11, lost 85 teammates, and oversaw the wars in Afghanistan and Iraq. After retiring, much to my surprise, I was asked to assist the generals who were fighting both wars, all of whom I had worked with at some time during their careers. My involvement lasted well over a decade to include almost four years assisting Dave Petraeus in both Iraq and Afghanistan. It was during my tenure as Vice Chief and my repeated visits to Iraq and Afghanistan that Mike Flynn came to my attention, first, as a rising star, intelligence officer, and after, as the officer who single handily changed how we created, processed and used intelligence during combat in the 9/11 wars. For your understanding, Iraq and Afghanistan are unconventional wars where the enemy, while using relatively low technology weapons, was a master at deception, by hiding in and the among the people, often in full view. The US intelligence system which served us so well during the Cold War, Desert Storm, the invasion of Afghanistan and Iraq, was designed to find and assess an enemy who moved in ground and maritime formations, had tank parks, airfields and shipyards, which could be seen by our national overhead systems or listened to by our national signal intelligence systems. This conventional intelligence gathering was of little value to those fighting the 9/11 Wars. Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 35 of 178 Mike Flynn grasped that reality as a change agent and innovator and by sheer force of persuasion, uncommon good judgment and moral courage, he changed the US operational and tactical intelligence system, making it responsive to our warfighters. At their fingertips was valuable information from data mining, photographs of suspected terrorists, behavior patterns of enemy leaders and their organizations, transcripts of phone conversations and terrorist email exchanges. There is no doubt that Mike's contribution was consequential to mission success and the preservation of life. The pattern of innovation and change continued as the top intelligence officer at Central Command who oversaw the Middle East and South Asia theater and the Department of Defense's top intelligence officer as the Director of the Defense Intelligence Agency. On a personal level I know Mike to be a family man, a devout Catholic and a person of character and integrity. I trust Mike completely and always will. Sincerely, Jack Keane General US Army, Retired Case Document 50 Filed 12/11/18 Page 36 of 178 Exhibit A4 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 37 of 178 ! ('(+ % . && - 7 .%%"/ ' 7 7 ",-+" - (.+- (+ -! 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'",- ' DBCB E Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 40 of 178 C6 +" (&& ' /" 6 %2'' -( ()$"', F Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 41 of 178 D6 %2'' 0"-! +((), = ! '",- '4 DBCB> G Case Document 50 Filed 12/11/18 Page 42 of 178 Exhibit A5 Case Document 50 Filed 12/11/18 Page 43 of 178 28 November 2018 The Honorable Judge Emmet G. Sullivan US. District Court for the District of Columbia 333 Constitution Avenue, N.W. Washington DC. 20001 Re: Michael T. DearJudge Sullivan: The following letter is sent on behalf of LTG Michael T. USA (Retl. The intent of this letter is to share my personal stories about my mentor and a truly great American patriot. For context, I am an active duty U.S. Navy CAPTAIN, currently serving at the Pentagon. I worked directly for LTG on three separate occasions throughout my career. The ?rst was while he served as the Director of Intelligence on the Joint Chiefs of Staff, the second while he was the United States Forces Afghanistan Director of Intelligence, and most recently when he was the Director of the Defense Intelligence Agency (DIA). During two of these assignments I served as his Deputy Executive Assistant, responsible for his daily schedule, brie?ngs, travel, and various social engagements. LTG once told me, ?Seth, there is nothing more important than people" and he truly lived that out as military leader. As a US. Army General, and a career intelligence of?cer who was responsible for providing intelligence brie?ngs to our nation's most senior personnel, LTG always emphasized the importance of taking care of your people. Despite his extremely busy schedule, throughout his career, I personally witnessed LTG make the time for retirements, promotions, or just to stop and talk to soldiers about theirjob or how things were going in their lives. He always took the time to meet with the families of his soldiers during these events and would emphasize time be allotted on his calendar to talk with family members. He understood that service was notjust about the service member, but was a family service. During the above assignments, I spent countless hours with LTG and I would like to highlight that whether we were at work, at a military social engagement, traveling, orjust talking in his of?ce, he was the same person, the utmost professional who always treated people with respect. He was the same person no matter if he was talking with a janitor or the Chairman of the Joint Chiefs of Staff. Moreover, while deployed to Afghanistan, he routinely met with our allied partners, along with Afghani Leaders, and always engaged them in a respectful manner. Despite being a three Star General and the leader of a combat support agency, he never thought more highly of himself than he should. I would like to highlight a very personal story while working for LTG which to me speaks to the core of who he is. On September 25, 2013 while working at sitting directly outside of his of?ce, I suffered a massive heart attack and was immediately transferred via ambulance to a nearby DC hospital, where a stint was inserted in my then 41-year-old body, saving my life. LTG was in a meeting at the time and upon returning to his of?ce, he immediately called my father in Texas and informed him of my status. Moreover, while still in the emergency room, directly after my procedure, I looked up and saw ?three stars? standing next to my bed. LTG was the ?rst person to be by my side after the procedure. Now some may say that is hisjob as a military of?cer, but at the time he was also in charge of a 25,000-person intelligence agency with numerous commitments, yet he immediately left DIA and Case Document 50 Filed 12/11/18 Page 44 of 178 came straight to the hospital to see how I was doing. And then called my father to follow-up. Something I will never forget and truly demonstrative of the kind of man he is! Lastly I would like to address an invaluable lesson I learned from LTG Throughout our many hours and days together he was always above reproach. Another quote I specifically remember, "Seth, you don't do the right thing when someone is watching, you do the right thing all the time.? He would go on to tell me that, throughout my career, Iwould be faced with various moral, ethical and "gray" areas, and no matter the consequences, always do the right thing. LTG lives by those words. I offer these insights to LTG from an officer who came to know and respect an individual, not based on his rank or title, but who he was, and is, as a person. While LTG was an outstanding military soldier and general, who served his country faithfully for over 30 plus years, he is much more than that, he is a man of tremendous integrity and character! Sincerely, Ma Zia/as, WT aw CAPT Seth Walters, USN Alexandria VA, 22304 Case Document 50 Filed 12/11/18 Page 45 of 178 Exhibit A6 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 46 of 178 John Jeffery Bucklew Garden Florida 13 November 2018 The Honorable Judge Emmet G. Sullivan U.S. District Court for the District of Columbia 333 Constitution Avenue, N.W. Washington D.C. 20001 Honorable Judge Sullivan, Understanding all that Mike is going through, I am sending this to you on his behalf. If you will please allow (I know nothing about how these types of letters are written), I will leave you with some stories of our relationship and his character as I have known him since 2004. I have had the pleasure of serving and knowing him since he was a Colonel, our Director of Intelligence with the Joint Special Operations Command of the United States Special Forces Command. We met in April of 2004, when my helicopter (Chinook 47) made a hard landing at Baghdad International Airport. Flying back from Fallujah, we were shot up by unidentified weapons and landed fairly quickly – and hard – in the middle of the night. The crew chief screamed to all of us “Un-ass the ship RIGHT NOW MOVE MOVE MOVE”. I was still young then, just 44 years old, however I’d been disabled since 1998. Running off the Helo with my backpack, equipment and hauling a tuff bin (big box full of stuff I should have just left), I run into some random guy in the way. I move left, he moves left, I move right, he moves right, it might have been funny had the chopper not been at risk of catching fire. Finally this random man grabs one end of my tuff bin and helps me carry this box while saying “Hi, I’m Mike Flynn, I’m your new boss”. My response? “That’s nice, Colonel – RUN FASTER”. This is how I meet the man with whom we created serious impacts against the Jihadist threats at the time. Any other man might have stood aside, being an officer and a high ranking one, at that, yet Mike stepped in and helped. That’s the Irishman that he is. While I cannot go into detail, I can say that Mike displayed leadership through actions – not mere words. He was NOT your average officer which most of those who serve or had served had come to expect. Mike is a do-er, a man of action. While he is good at defining and giving guidance, one thing that set him aside was this. Most officers like to be “briefed” on any given subject, and then make decisions based upon timerestrained briefings. Mike was not that way. He asked (did not command, he ASKED) if he could please kindly be CC’d on all our emails. Not specific briefing emails, but ALL our discussions. We, as intelligence professionals, would have endless discussions through emails about any given subject. Being on the CC lines of these emails allowed him to see ALL the discussions which would amalgamate and condense into the briefings he needed to give to our Commander, MG/LTG McChrystal at the time. Mike read these emails in order to gain a more complete understanding of not only the subjects involved, but moreover to gain insight into all the professionals under his leadership, how we thought, the aspects from which we would view subjects, the varied levels of experience each discussion would uncover. Mike is not a “one bang for the buck” kind of man. He regularly acted as he did so that every action he conducted would give him three or four returns for every effort expended. He was smart that way, understood the value of the Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 47 of 178 returns of his actions, gaining more insight and better clarity each and every day. Being a 32 year professional I can say the people using that approach were rare, indeed. Mike Flynn defined that rarity. So as not to make this too long to care to read (I’m old, I know I ramble), I will say that America right now would not be as safe as it is, today, had it not been for Mike Flynn enabling all his professionals to do our jobs. He believed, constantly questioned, enabled, and received our full support after making any decision. I will stand up for him until the day I’m buried, and even then I’ll do it from Heaven. I have no higher praise than that. Sincerely, John Bucklew P.S. Should you seek me out, Judge, know I am currently Page 2 Case Document 50 Filed 12/11/18 Page 48 of 178 Exhibit A7 Case Document 50 Filed 12/11/18 Page 49 of 178 The Honorable Judge Emmet G. Sullivan November 20, 2018 US. District Court for the District of Columbia 333 Constitution Avenue, N.W. Washington DC. 20001 Re: Michael T. Dear Judge Sullivan, My name is Kris Hager. I am a Gold Star Father, Chairman of the Board of Gold Star Fathers of Florida. The Gold Star is presented to families of soldiers killed in combat in defense of our Nation?s ?'eedom. My son, SSG Joshua R. Hagar, US Army Ranger, was KIA February 22, 2007 in Iraq. I ?rst met Lt. General Michael when he spoke with six Gold Star families in August of 2016. I have been honored to become friends with and be supported by Mike since that meeting. I am often asked if the circumstance of military loss (my son?s death) ever gets better. The answer is no, but sometimes it does get different. For my family, sometimes the difference is made signi?cant by the contribution of a single person. General has made an enormous difference in my life through his steadfast support, regular contact and compassion for my grief and tears. General has, throughout his own travails, never missed an opportunity to give aid and comfort to me, my wife and youngest son, Carson. General has made himself available to me with his personal phone number, email address and frequent'calls, just to say ?hello.? When I have need of direction or connection, he offers his help and advice immediately. General has become not only a friend, but also a mentor and advisor- My relationship with General comes from his personal experience and life-long commitment to our Nation and all those who wear the uniform. His family history is a brilliant canvas upon which his portrait is painted. This Gold Star father is honored and blessed to call Mike my dear friend. I know my son looks down from Heaven smiling upon that friendship. Sincerely, Kris Hager Parrish, FL 34219 Case Document 50 Filed 12/11/18 Page 50 of 178 Exhibit A8 Case Document 50 Filed 12/11/18 Page 51 of 178 The Honorable Judge Emmet G. Sullivan Date 26 November 2018 US. District Court for the District of Columbia 333 Constitution Avenue, NW. Washington DC. 20001 Re: Michael T. Dear Judge Sullivan: My name is Heber D. Felix II. I have known LTG Michael for 21 years both professionally and personally. I had the honor to serve with Mike as his Sergeant Major on two occasions. The ?t st time was June 1999?July 2000 when he was the Seni01 Intelligence Officer (810) fo1 the 82ND Aitborne Division and again in July 2001? June 2002 when he was again the 310 for the Ai1b01ne C01 ps at Fort Btagg, No1th Carolina. During the 21 years I?ve known him, I can tell you that on numerous occasions in the performance of his duties, I found him to be a man of integrity, honor and a devout Catholic man who lives a good Christian Life. He is truly a caring father, leader, and common sense man. On one occasion on or about December 1999, he and I were headed out for Physical Training. The sky was overcast and rain was in the forecast for that day. The 82ND Division HQ had scheduled that the Division Tactical Main Command Post be set up in preparation for a communication exercise. As we approached the area where the Division Staff held formation for accountability and subsequent Physical Training, Mike approached the Division Operations Sergeant Major whose task it was to get the Main Command Post (CP) set up and asked him if the task of setting up the CP was still going to get done given that rain was forecasted and it made no sense to set up tents in the rain. The Operations Sergeant Major replied that regardless of the weather, the CP set up was still going to occur. Mike then asked him if he wanted him to go see the Division Chief of Staff to get it cancelled as it made no sense. This vignette highlights Mike?s concern for the Soldier having to needlessly set up tents in the pouring rain when a one day slip of the set up would have alleviated that hardship on the soldier and still met the timeline for getting the Main Command Post set up. Mike wasn?t worried about what the Chief of Staff might have said or how the question would re?ect against him personally. On another occasion in mid?June of 2000, Mike and I were manifested for an Airborne Proficiency Jump. He was the number one jumper on the right door of the aircraft and I was the number two jumper. He exited and landed ?ne. I exited and landed hard on my left side. I ended up snapping my left femur bone off at the hip and shattering my left shoulder ball into 16 pieces. These injuries required two separate major surgeries. From the time I was medically evacuated off the drop zone thru my entire four week hospital stay, Mike came and visited me everyday providing me with a lot of positive mo1 ale suppo1t along with ensu1 ing that my wife and two young children we1e well taken cate of. Again, Mike?s main conce1n was fo1 me, one of his Soldiels and his family and not did not put wo1k ahead of cating f01 me. In all of the years I?ve known Mike and served with him, I?ve seen dozens of times when he would go out of his way to assist or support anyone who worked for him, whether it was writing a letter of recommendation, going to see someone on their behalf or ensuring they had food or monetary support for themselves or their family. Mike also has always had a love of the Army and service to his nation. His father was a WWII I veteran and at Mike?s Change of Command Ceremony from being the Commander of the 313 MI Battalion in June of 1999, Mike eulogized his dad in has departure speech as his hero and talked Case Document 50 Filed 12/11/18 Page 52 of 178 about the sacri?ce?s he had made for him and his brothers and sisters. His father and mother?s character and teaching the difference between right and wrong along with their devotion to God and country is what was instilled into Mike?s character and molded him to be the great person he is. I could cite several more instances that highlight Mike?s character but in the interest of brevity, I can sum up Mikes character by simply saying that he epitomizes 4 attributes that are the bedrock of the US. ARMY - Competence, Commitment, Candor, and Courage. As evidence to what I am saying, LTG was by named requested by LTG Dan McNeill, the Airborne Corps CDR to be his 810 upon completion of the Naval War College in July of 2001. Mike had served previously for then Major General McNeill as his 810 when he was the 821?) Airborne Division Commander and LTG McNeill knew he was epitome of those four attributes and the single of?cer he wanted to be his 810 again. There isn?t a human being that I know of who hasn?t said or done something wrong or wished they hadn?t when they had done so. The difference though is whether or not the infraction was intentional or malicious or whether it was an honest human error. In Mike?s case, I ?ve never known him to do anything that wasn?t honorable and when a mistake was made to admit it to his superiors and accept full responsibility regardless of whether he indeed had been the one to make it or whether one of his subordinates had made it. I would gladly serve with Mike again in any capacity and truly count him as one of my closest friends and consider myself blessed for having gotten to know him, his entire family and serve with him as well. Sincerely, Case Document 50 Filed 12/11/18 Page 53 of 178 Exhibit A9 Case Document 50 Filed 12/11/18 Page 54 of 178 November 19, 2018 The Honorable Emmet G. Sullivan U. S. District Court for the District of Columbia 333 Constitution Ave, N. W. Washington, DC 2001 Re: Michael T. DearJudge Sullivan: I am writing today as a personal reference to the character of Lt. Gen (R) Michael T. As the youngest of Michael?s eight siblings, I have had the honor and privilege of growing up looking up to him as someone in my life that has had the most positive and lasting impact. First, as a child, Michael was an ideal older brother who brought me everywhere with him and taught me many things about life. He was an outstanding role model. Whether it was watching sports, going into town, teaching me how surf or whatever activities we engaged in, Michael was a patient and loving older brother. Unlike a lot of older brothers, Michael encouraged me and his other younger brother Charlie (who is and active duty two-star Army General) to go with him and would watch over us to make sure we could keep up with the older boys. Most of the sports, I played including basketball, surfing, skateboarding and others, I learned from tagging along with Michael and his friends. When he was an adolescent, He was an incredibly strong, brave and confident youth. Michael?s confidence and leadership skills were apparent from a very young age. He was mature beyond his years and that maturity and poise were characteristics always wanted to emulate. In short, I grew up wanting to be a lot like my older brother Michael and always strived to make him proud. He was deeply loved by our parents and his other siblings who understood early on that despite our humble beginnings, Michael had several special gifts that were going to catapult him into success in his life. Michael remained extremely close to our parents right up until each of their last days and spent most of his family vacations back in Rhode Island visiting them and his in laws who also lived there. His loyalty and love for family is also manifest in his relationship with his wife Lori, who he met when they were sophomores in High School and have been married for over 37 years. Michael always put family first no matter what and was always interested in each the lives of his eight brothers and sisters and all their children. He has close relationships with all his siblings as well as their children and has always made himself available to them ifthey are ever in need of his advice and counsel. As a father, even though for many years due to his war multiple war time deployments he was not at home, he is incredibly close to his sons Michael and Mathew and values their love and bond more than anything in his life. He is also now a grandfather of 3 young children with whom he and Lori spend most of their available free time to make sure those children know that their grandparents are a major part of their lives. Case Document 50 Filed 12/11/18 Page 55 of 178 Michael?s service to the Nation is very well documented and most importantly appreciated by the leaders he has served under but more importantly by the men and women who have served under his command. Of the many visits I made to various bases and units Michael commanded over his long military career, I was always struck by the same theme I heard in each military base regardless of the circumstances. Michael as a leader was equally caring and compassionate (especially about his troopers? families) as he was demanding and straightforward. Having come from a very humble background, he understood the struggles of everyday soldiers far better than the average officer who may not have had personal experience with poverty or the family issues that often accompany poverty. Michael always said that he did not see black, white or Hispanic he only saw soldiers who were sacrificing the best years of their lives for the protection of the Nation. Michael?s humble roots gave him instant credibility with average soldiers and their families many of whom also came from working class backgrounds. I remember when he was promoted to Brigadier General, one of the troopers pulled me aside and said, ?We love General he really gets it, we like to call him ?the People?s General?. This statement really stuck with me over the years and demonstrated the affinity his soldiers had for the man. I believe it had a lot to do with his ability to relate and understand the daily struggles of soldiers and the stress that military life puts on their families no matter what color or background or where they came from in this country. Michael is a highly decorated 3-star General who is well known for having revolutionized intelligence gathering during wartime. In military intelligence circles his career is legendary. His hard work and leadership inspired me to become a leader in business. I have been a CEO of 3 companies in the past 25 years, following his example and relying on his wise counsel. But, as a brother, the thing I admire most about him is his down to earth nature and his ability to relate to people on an extremely personal level despite his very public status. When Michael speaks to people, the conversation is usually all about them and nothing about him. He has that uncanny ability to make anyone he engages with feel very important, respected and their voice be heard. In conclusion, Your Honor writing this letter is difficult. Seeing Michael go through this unfortunate phase in his life is both shocking and sobering. With all due respect to your office, as you pass your judgement, I implore you to look at every aspect of his life, his loyalty to his family, his loyalty to his soldiers, his superiors, and the dedication of his life to the service ofthe Nation. Michael is one of the most honorable and honest people I have ever known. As a younger brother I could not be prouder of all he has accomplished and the example he has set for me personally throughout my life. As one of his closest friends, I feel deeply blessed to have a friend as loyal and honorable as Michael T. and I would gladly give my life for him without hesitation and at a moment's notice. Si ely Jose Case Document 50 Filed 12/11/18 Page 56 of 178 Exhibit A 1 Case Document 50 Filed 12/11/18 Page 57 of 178 6 November 2018 The Honorable Judge Emmet G. Sullivan US. District Court for the District of Columbia 333 Constitution Avenue, NW. Washington DC. 20001 Re: Lieutenant General Michael T. Judge Sullivan, I?m writing to express my complete and unwavering support of Lt General [retired] Michael T. as he goes into the sentencing phase of his hearing. As a former colleague and subordinate, I can fully attest to his strong character and personal integrity. I write this as a retired Airman with 30 years of service to our nation. My final position was as the General?s Senior Enlisted Leader, the Command Chief Master Sergeant, at the Defense Intelligence Agency First, let me tell you about my professional relationship with Lt General I met the General when he was assigned as the Director of the BIA in 2012. I was already in place as the Senior Enlisted Leader when he arrived. My first interactions with General were extremely positive. It was obvious to me that he genuinely cared about the 16,500+ people who served worldwide in support of the mission. This ?t right in with my goals as a Senior Non-Commissioned Of?cerwto ensure our people were properly trained, equipped, prepared, and ready to conduct the vital mission of providing timely intelligence to our warfighters worldwide. Quite simply put, my job was people?centered?at the very beginning of our time together, it was obvious that the General shared my steadfast devotion to our people, and understood that taking care of them was our first priority, and the most important key to our future success. Lt General was the fourth General Officer [star-level] that I had worked for as a Command Chief Master Sergeant. They were all exceptional leaders and fine people of the utmost character; however, General was different in many aspects. He handled issues 1 brought forward as if there was nothing more important?what I said mattered more than ever, and he truly listened and cared about the numerous people related issues I brought to his plate on a daily basis. All this, while leading an agency going through major organizational change. The General?s past assignments both downrange in Afghanistan and at the Director of National Intelligence?s office, led him to make signi?cant changes to how DIA was structured and operated?changes that were necessary if the agency was to eliminate barriers within and better support the war?ghters in the ?eld. However, change does not come easy. For months I watched as General pondered tough decisions that affected numerous people. I watched as he sought advice from his entire staff and as he ?walked the building? at 5:00 AM to seek the input from the Case Document 50 Filed 12/11/18 Page 58 of 178 people on the ?oor?the average civilian or military employee actually performing the mission. Through all this, General did it with compassion, caring, integrity, and character beyond anything I had seen in my 30 years of Service?this man was trying to do everything right, everything possibly bene?cial to both our people and to the mission of the agency. Through my personal interactions with General while at DIA, I saw where his heart lies. I saw nothing but the passion, the devotion to our nation, and the highest level of honesty, integrity and character. But, it didn?t end there. After I retired in late 2013 and settled in South Florida, I was approached by a local charitable Trust committee person who was attempting to ?nd suitable Veteran related causes to support financially. Without hesitation, I contacted General for help. He studied the goals of the Trust and made suggestions. To date, over $500,000.00 has been received by the Special Operations Warrior Foundation and Operation 300. Both of these organizations support the educational needs of children of our servicemembers who have died while serving?and both would not have benefitted had the General not been willing to provide the effort and research to ?nd the exact type of organizations the committee was looking for. The General continues to this day to provide for and support his fellow veterans and their families. Lastly, I want you to know that General is a true patriot of this nation. I've seen his passion for our people and our nation. I personally witnessed the work that he put in to protect and defend both. I know how important it was and still is to him. I can honestly say that General was the hardest working, most dedicated individual I have ever had the pleasure of serving with. Again, 1 write this letter to give my full support to General as he enters the sentencing phase of this most unfortunate incident. He is a man of impeccable character who gave 33 years of his life to defending this nation. I implore you to please take this in consideration during sentencing. Thank you for iour time. Should you want to speak with me personally I can be reached at Mr. Rod Hartsook, USAF (Retired) Case Document 50 Filed 12/11/18 Page 59 of 178 Exhibit A11 Case Document 50 Filed 12/11/18 Page 60 of 178 TO: The Honorable Judge Emmet G. Sullivan 11 Nov 2018 U.S. District Court for the District of Columbia 333 Constitution Avenue, N.W. Washington D.C. 20001 Re: Michael T. Dear Judge Sullivan, first want to thank you for your service. Thank you for ensuring the laws of our great nation are enforced. I respect and understand you're in a very demanding position. I appreciate the opportunity to provide a little insight into my opinion of Michael It is no coincidence that I write this letter on Veterans Day in support of a veteran. I also write this letter not as a student of law, but as someone who had the honor to serve with LTG Michael I was the General?s Senior Enlisted Leader at the Defense Intelligence Agency (DIA). have since retired from active duty military service, but when I look back over my 27 years of service, I can attest that General was one of the most professional, altruistic leaders I had the privilege to serve under. He was a great Soldier. He is a man of character and conviction. He is a man who dedicated his entire adult life to serving our great nation. I know when he woke every day that he had the best interest of our Soldiers, Sailors, Airmen, Marines, Coast Guardsmen and our great nation at the forefront of his thoughts. He spent countless sleepless night thinking about how to best protect this nation. I witnessed this passion firsthand. I saw him work 18?hour days to ensure its protection and guard against those nations and extremists? organizations that would do great harm to the United States. I traveled with him abroad as he represented the United States as the senior most uniformed intelligence officer ofour nation. He was impeccable! He was someone I wanted to emulate and he was a stellar representation of our country. remember when he was preparing for retirement from the military. He asked me what I wanted to do after my service. I said, "General, I will probably go back home to Ohio and maybe run for a school board or something like that." He said, ?Troy, don?t get into politics!" I truly wish he would have followed the wisdom he shared with me that day. I hate the thought of his political career being his legacy. There is no doubt in my mind that his actions, passion, and dedication on the battlefield protecting our nation saved thousands of service member?s lives. I ask you to please take his 33 years of dedicated and unconditional service to our country into consideration when determining his sentence. I trust the power you have been granted in your position. I have faith in ourjudiciary foundation no matter the outcome of this case. lt?s what I spent my 27 years of service trying to preserve. One last anecdote, when General was the Director of he was an extremely busy man. He would often be seen rushing through the halls of DIA onto his next national-level, strategic meeting. However, he always had time to stop and talk with the janitorial staff and food workers for a few moments. All the other senior leaders just walked by these people as if they were invisible. Not General He knew their names. He knew where they were from and their family situations. He had the utmost respect for these hardworking individuals. All my life, I had heard the saying, ?you can judge a man by the way he treats those who cannot do anything for him." By that standard, General was and still is a great man. That?s the General I know. Thank you for your time your Honor. (Ret) Troy L. Eden, US Beavercreek, Ohio 45434 Case Document 50 Filed 12/11/18 Page 61 of 178 Exhibit A 1 2 Case Document 50 Filed 12/11/18 Page 62 of 178 The Honorable ludge Emmet G. Sullivan November 12, 2018 U.S. District Court for the District of Colombia 333 Constitution Avenue, N.W. Washington D.C. 20001 Re: Michael T. Dear ludge Sullivan. I first met General in 2008 while I was working as a civilian officer in the Intelligence Community. At the time. I had to briefhim on a program our agency was implementing and recall our ?rst meeting very well. The remarkable aspect of this first encounter was the sense of encouragement and ease I felt in his presence, all of which, I would later learn, are a hallmark of his leadership style, kindness and his respect for people in general. Needless to say. the rapport we developed during our initial meeting led me to View General as a person I wanted to emulate and contributed directly to my personal growth and career success. At a later date. in 2010. was fortunate to have an opportunity to serve under General in Kabul, Afghanistan as part of the International Security Assistance Forces in support of the Global War on Terrorism. It is difficult to express how great an impact General made on me and my colleagues while deployed in the combat zone. General instilled in all of us. a sense of dedimtion, belonging and trust. He made us feel valued by recognizing our work and explaining its impact on the war?ghter. He would take time out of his incredibly intense schedule to personally attend ceremonies for all of our departing of?cers and ensure they were recognized. He led by example, being the ?rst one at work and the last one to leave. And most of all, he watched over us. ensuring our welfare before his own. In 2012 I once again served under General when he became my organization's Director. During his tenure. he was able to change our agency to a more relevant. integrated one, which has had an enduring. positive impact on how we operate and on the defense of our nation. General always ensured he put the men and women who served under him ?rst. On one occasion, my office was of?ciating a retirement ceremony for a civilian who had served 37 years. That morning. I stopped by to see General executive assistant to ask if I could have an agency coin to present the retiree. Knowing it was last minute; I did not expect to receive one~ However. what happened next was truly inspiring: General stopped by the ceremony to present the coin to the retiring of?cer in person. Not only was this not scheduled; he did this while on his way to testify on Capitol Hill. It demonstrates that even when there are bigger, more pressing things on his mind, he always takes the time to put people first Now, in 2018, I look back upon my career growth and those who directly inspired me and supported me. I can truly say that General Michael was one of the most important and inspirational people in my life. He is truly a remarkable Case Document 50 Filed 12/11/18 Page 63 of 178 human being who dedicated his life to sewing our country and ensuring we am better as fellow humans and as a nation. General service to our nation and the impact he has made on the men and women who sewed under him goes beyond what is obvious and demonstrated by his rank and position. His dedimtion to mentor. develop and support everyone he led is a rare trait and for that I will always be grateful to know him. Sincerely, Kftf?i 17m?- ?f?x (l ?3 Katherine L. Velez Case Document 50 Filed 12/11/18 Page 64 of 178 Exhibit A 1 3 Case Document 50 Filed 12/11/18 Page 65 of 178 The Honorable Judge Emmet G. Sullivan 30 November 2018 US. District Court for the District of Columbia 333 Constitution Avenue, NW. Washington DC. 20001 Re: Michael T. Dear Judge Sullivan: Thank you for the opportunity to wn'te on behalf of Lieutenant General (Ret) Michael (Mike) T. I am Tom Heaney, Colonel (Ret), U.S. Army, Associate Professor US. Naval War College. Mike and I are life-long friends; we have known each other for 51 years. I have known his wife Lori for nearly as long. We come from a small close knit New England community. Our large families know and have a high regard for each other. Our fathers all served their nation and communities. Mike?s dad and my dad both served in the military, while Lori?s dad was a Rhode Island state policeman. We were raised to love our country and reSpect the law. I ?rst met Mike playing Little League baseball. As a returning player who was already on a team, Mike was catching for the coaches at the tryouts. I was coming up to bat and was obviously very nervous. Mike didn?t know me at all. However, he picked up on my nervousness and started up a conversation. He told me what to expect about the tryout and what would happen after Ibatted. His concern put me at ease and I was able to do well because of his outgoing personality. I didn?t know it at the time, but that was the start of a lifelong friendship. Over the summer we became close and have been friends ever since. Mike and I went to middle school, high school and college together. Because of our last names (home rooms and class blocks were determined alphabetically) we were often in the same home room and shared many classes. Mike was always the gregarious one. First to reach out and make friends with others. He was very well liked because he cared about others and made people feel important. He went out of his way to make everyone, especially new kids (a lot of those in this Military community), feel like they belonged. Just like he had done with me at Little League tryouts. We continued playing sports together in high school and college. Mike was a great teammate, totally sel?ess. He always did whatever he could to make the teams better. On our high school football team he played offensive guard. Not because he loved being a lineman, but because our football team needed linemen. He was all of 160 pounds, small for a lineman but he didn?t let that stop him. He was a great player, smart and fast, with perfect technique. He put everything he had into being a great player and teammate. His efforts were rewarded by his teammates who chose him to be one of the team captains our senior year. His skill was also recognized by his selection to the all?conference team. Case Document 50 Filed 12/11/18 Page 66 of 178 In college, Mike introduced me to Reserve Of?cers Training Corps (ROTC). We roomed together our sophomore year. He kept telling me about the program and how much he was getting out of the ROTC classes. We both had a pretty shaky start scholastically and I could see a change in him. He was focused and really taking charge of his life. We had been leaders for our sports teams in high school, but this was different. He was grounded and had a direction. I wanted some of that and followed Mike?s lead into the ROTC program. The ROTC program was critical to our deve10pment as leaders. We both excelled in many leadership positions in the cadet corps during college. Mike and I graduated from college, which was doubtful at the start, and ?nished the ROTC program as distinguished militaiy graduates. We received Regular Army commissions, vice reserve commissions because we graduated at the top of the corps of cadets. Commissioning in the US. Army together, Mike as an Intelligence Of?ce and me an Infantry Of?cer, we both thought we would serve our required time and get out. However, we ended up loving the Army, especially our Soldiers (the Army is people) and we both stayed for over 30 years. Mike served over 33 and I served over 30. Mike had a storied career. He is a Soldier?s Soldier. The meaning of this is very important. Soldier?s respect leaders who put them and their families ?rst. You cannot fake this. He has earned his subordinates respect through his devotion to serving them. This was true ?mn his ?rst assignment as a Second Lieutenant to his last assignment as a Lieutenant General. In retirement, Mike?s desire was to continue to serve his nation. He chose to serve his by serving in the new administration. Though his time as National Security Advisor was brief, I believe he would have served with the same selfless devotion which characterized his entire career. Finally, Mike is a devoted husband and father, who loves his family and friends deeply. Mike has sel?essly served our country for decades. Mike, Lori and their sons (Thomas and Matthew) have given and continue to give so much to their country and communities. I know of no one I trust and believe in more than Mike This sentiment resonates throughout our community. Over the course of the investigation, I have witnessed great outpouring of love and support for Mike and his family. They truly deserve it. I know this situation has been very hard on the lynn?s and I ask you give Mike every consideration of leniency. I believe his devotion and sel?ess service to this nation warrant this consideration. Sincerely, Colonel (Ret) Thom? Heane, Miggietown, RI 02842 Case Document 50 Filed 12/11/18 Page 67 of 178 Exhibit A 1 4 Case Document 50 Filed 12/11/18 Page 68 of 178 The Honorable Judge Emmet G. Sullivan November 30, 2018 US District Court for the District of Columbia 333 Constitution Avenue, NW. Washington, DC. 20001 Re: Michael T. Dear Judge Sullivan: I am Retired Rear Admiral Paul Becker, United States Navy, a close friend of Mike for 11 years. write to provide you insight regarding Mike that I hope you will consider while sentencing him. I served our country with Mike in Afghanistan and observed the quality of his leadership and content of his character in complex, dangerous situations. I have personally observed his dedication to ethical decision making, equanimity in crisis and prioritizing the well being of his colleagues above him- setf. Mike is the finest exemplar of ?Servant Leadership? have seen in 30 years of military service. Two specific instances highlight this point. The ?rst occurred in Afghanistan in 2009 when our base came under enemy attack by a Vehicle? Borne Improvised Explosive Device. Much of our staff had only recently anived and procedures for re- sponding to such an attack were lacking. Few had their protective body armor nearby. During the as- sault, vividly recall Mike raising his voice and asking, ?Who here needs a helmet and body armor?? Many hands were raised. He quickly gave his protective gear away to Colonel Annette Ton'isi, ensuring her safety at the risk of his own. His acts of decency and kindness were big and small. I repeatedly saw him at that base?s chow hall purposely lingering at the back of the food line knowing the meal was almost gone but wanting to ensure all others ate before him. When I emphasized to him that he had to eat too, his response was always, ?Yeah, I?ll get something later.? Acts such as these made him an ex- tremely admired leader by those around him. The second event occurred in Washington DC. in? February 2014. I was the Director for Intelli- gence of the Joint Chiefs of Staff and Mike was the Director of the Defense intelligence Agency. was presenting an intelligence assessment regarding Russia to a group of Assistant Deputy Secretaries of Defense and senior military officers. Mike was present in a non-speaking role. I prepared well and thought I had a good handle on this problem. The Secretaries disagreed. The briefing was a disaster. The Secretaries took me to task. and frankly. berated me in front of a room of my uniformed peers and seniors. I was devastated. After most attendees left the room, Mike put his arm around me, and de- clared, ?Paul, I think you did great. Those Secretaries chose to highlight their opinions vs. your facts in a disrespectful way. Hold your head high. I?m going to tell the Chairman of the Joint Chiefs how well you performed.? Wow. Someone as senior as was in charge of generating their own morale, but here I couldn?t - and Mike let me know that he still had faith in me, and reminded me that that even if you occasionally fail, you shouldn?t feel like a failure. It?s an indelible lesson from a uniquely compassionate leader that I benefit from to this day. Mike has selflessly served our country for decades, and has led others through difficult and dan? gerous missions. feel like I know the content of his character, and he is as fine a man as I have known. He remains a close and loyal friend, who I trust and care deeply about. Thank you, Your Honor, for tak- ing the time to read my heartfelt comments. Sincerely, Rear Admi al Paul Becker, USN (Ret) ! exandria, VA 22314 Case Document 50 Filed 12/11/18 Page 69 of 178 Exhibit A1 5 Case Document 50 Filed 12/11/18 Page 70 of 178 The Honorable Judge Emmet G. Sullivan 29 November, 2018 US. District Court for the District of Columbia 333 Constitution Avenue, N.W. Washington, D.C. 20001 Re: Michael T. Dear Judge Sullivan: Your Honor, 1 want to open my letter by hoping that you and yours had a wonderful Thanksgiving. 1 am writing this letter on behalf of a special person that I and my family hold in great regard. For General I would do just about anything if he needed my help. As a retired Navy Senior Chief with 26 years of honorable service to this great nation and working as a civil servant for the past 12 years, I have had many bosses, but none were more caring, genuine, humble, sel?ess, or loyal than General Mike I first met the good General in 2008 when he came onboard the Joint Staff as the new Director for Intelligence. In reading his biography, I found out that he had also served as the Director for Intelligence for the Joint Special Operations Command (JSOC) at Fort Bragg N.C. As a former SOC Senior Enlisted Advisor for the Intelligence Directorate, I had been there a few years before General While we never served together, we certainly chewed the same dirt, so to speak, on overseas deployments. As the Joint Staff J2, General had certain ideas as to how his front of?ce should operate and that?s where I came to know the man 1 am honored to know today. I remember the day like it was yesterday when he rang the doorbell to my office, asked if he could bother me for a few minutes and proceeded to discuss his ideas with me and described in great detail why I should work for him. Continuity was what he was asking from me. Continuity for the greater good of the Organization makes all the difference. From that moment on, I became a believer of Mike As his civilian Executive Assistant I was privileged to have a glimpse of a man who loved his family, God and his Country. These are the foundations that I also hold near and dear to my heart and soul. After working for him for about eight months, he had a higher calling to go and try and figure out how to change the tide in the Global War on Terrorism, this time in Afghanistan. I ask your Honor, who leaves everyone and everything they hold dear to deploy for 16 months to a miserable backwards country that gives nothing in return. Mike does and did. He truly believed that in order to make a change, you had to win the hearts and minds of all that you encountered. I would have followed him there, but my youngest child had just started high school, so I had to stay out of that ?ght. Spring 2011 marked General return from Afghanistan. He was slated to become the new Assistant Director for National Intelligence for Partner Engagement. He came to see me and asked if I would go and work for him as his Special Assistant. To say that I was humbled and honored that he valued my work made me throw a cautious life to the wind. That?s when my professional adventure began. In August of 2012, General assumed the Directorship of DIA, and I once again followed him and assumed the position as his Executive Secretary. As the Director, one of the ?rst actions he took was letting his cadre of seniors executives know that he was going to reign in an organization that did not have a good reputation with Congress. This made many senior civilians very uneasy because they did not want to change. He told the workforce that DIA had to become relevant to the taxpayer and the warfighter. That was very powerful message to the thousands of employees who wanted change. Case Document 50 Filed 12/11/18 Page 71 of 178 2013 was an extremely volatile time for the federal workforce and yet the annual Combined Federal Campaign (CFC) had to go on. DIA employees had been hit with Sequestration, a two-week government shutdown, ?ve federal holidays, two snowstorms that shut down the government and yet because of him and his involvement with CFC, DIA had the most successful campaign ever surpassing its predetermined goal of for a total of I believe in my heart it?s because the workforce saw that he cared. They say leadership starts at the top and for General that was what the workforce saw and believed in. In 2014, General retired from DIA and I went back to work on the Joint Staff. For the next two years we stayed in close contact. In 2016, he called me once again to let me know that he was going to be nominated as the Assistant to the President for National Security. He asked if I would once again come and work for him, this time as his Executive Coordinator. I had reached the pinnacle of my professional career with that phone call and I owe it all to him. Your Honor in every one of these high tempo, high stress jobs, I witnessed first-hand the true measure of a remarkable person. General theroughly enjoyed his jobs. He must have been a happy baby because he always had a genuine smile when he walked in. He never came to work upset or angry and the people who personally worked for him, always wanted to make his daily work day as stress free as possible. Whether they were his Marine Corps Non-commissioned Officer driver, his Secret Service Drivers, his military Aides or Executive Officers, each one of us were his number one fans. We wanted to make sure he was successful in his jobs. If he was successful, then the workforce was Successful. I have witnessed first-hand how General has always used his positions to help those who needed any type of job recommendation or a good word put forth on their behalf. Each one of these letters were written with heartfelt sincerity. As James Faust said grateful heart is a beginning of greatness. It is an expression of humility. It is a foundation for the development of such virtues as prayer, faith, courage, contentment, happiness, love, and wellsbeing.? Humility and grace are only a part of the good General?s inner makeup. He treats every one as if they are the most important person in the world, and to him they are. Members of Congress were treated with the same deference that he treated the daily cleaning crew. In my honest opinion, he received better feedback from the cleaning crew than he did from anyone else he had to report to. Your Honor, 1 could not have that kind of time. I?ll end with this - Michael Thomas loves his country, his family and his friends. His father, a retired Army Master Sergeant, and his sweet mother Helen were his conscience. These two peeple were his foundation for the solid core values that he displays and that all should have today. My life and that of hundreds of ordinary people have been changed for the better because of this one man. I have faith that the truth will prevail and I hope and pray that you will ?nd leniency with this man who only wanted to do what was right. Thank you for your time your Honor. 1 wish you and yours a very Merry Christmas. Since ely, Rosalinda Ortega Pemberton Odenton, MD 21113 Case Document 50 Filed 12/11/18 Page 72 of 178 Exhibit A 1 6 Case Document 50 Filed 12/11/18 Page 73 of 178 The Honorable Judge Emmet G. Sullivan US. District Court for the District of Columbia 333 Constitution Avenue, NW. Washington DC. 20001 Re: Michael T. Dear Judge Sullivan, 1 have known Mike and Lori for over 30 years. If I had to de?ne Mike with one word, I would say genuine. His faith, his love for his family, his country, and his integrity, genuine. As a military spouse, wife and mother, I am blessed and honored to know them, and I believe my husband is a better soldier and husband because of Mike?s mentorship. I am sure I am a better army wife because of knowing them. Thirty years ago, the army was still in the beginning stages of giving better support to their families. However, Mike was already doing that for his soldiers and their families because he genuinely cared about them. Not only did he ensure that there was family support as part of his units but he led by example with his own family. Absolutely, anyone who met Mike would know his personal faith, his wife Lori, his sons and his extended family back home in Rhode Island were at the core of his heart. When we were stationed together at a time when our children were younger, we would spend almost every weekend together. Mike, was always a hands-on father and never hesitated to get as silly as the kids and lead in the fun. He did not just attend church on Sundays but was an active member of the church, again leading by example. Throughout the years it was always such a blessing when we could get together and visit Mike and Lori, even if it was for just a couple of hours. We would always leave sorry to say good bye, but refreshed and encouraged to continue to go the distance as an army family. Your Honor, Mike life is one that has made positive impacts to so many. His life makes a difference in the way so many hope to achieve. Thank You, 77.77%] Nancy ters Ft Huachuca, AZ 85613 Case Document 50 Filed 12/11/18 Page 74 of 178 Exhibit A 1 7 Case Document 50 Filed 12/11/18 Page 75 of 178 The Honorable Judge Emmet G. Sullivan Date November 9, 2018 US. District Court for the District of Columbia 333 Constitution Avenue, NW. Washington DC. 20001 Re: Michael T. Dear Judge Sullivan, It is with both great respect and tremendous trepidation that I provide you with this letter on behalf of Lieutenant General (LTG) Michael T. As directly as I can state, I have never been associated with a more honorable, and selfless Soldier, leader and person during my 28 year career in service to our Nation. I say that with the greatest of thought and care having had the privilege of serving with our Nation?s most courageous and sel?ess servants in recent generations to include Generals Stanley and David Petraeus, and Admiral Bill McRaven as well as a host of other senior leaders that have carried the burden of our Nation?s ?ght against violent extremist organizations for the past two decades. While I?ve had that privilege, I can tell you without hesitation that the most committed and trustworthy leader and fellow Soldier I have ever served with is LTG (R) Michael I served directly with LTG (R) from 2005-2011 at the height of both of our wars in Afghanistan and Iraq. I spent every day with this man from 2006-07 in Iraq fighting to destroy al Qaeda in Iraq. While our command has received tremendous praise and acknowledgement of our accomplishments and sacrifices, I can personally attest to the fact that the single greatest contributor to that success was LTG (R) Subsequently maintained a close personal and professional relationship with LTG (R) because of the respect I maintained for him. While intellectually superior to the rest of us, I was always most appreciative of the manner in which he treated those of us fortunate to work with him. Even our enemies respected LTG (R) because he always demonstrated the greatest degrees of empathy, consideration, care and respect for his fellow man regardless of what side of the fence that person was on. LTG (R) became my mentor and ultimately my friend for life. While I possess the benefit of a large and digni?ed network of former senior leaders from our military, it has always been LTG (R) that I turned to with my most dif?cult challenges. I could share a lifetime of stories and vignettes where a lesser man would have taken risk with regulations, policies, the law or our rules of engagement. Instead, LTG (R) served as our generation?s moral compass. While he was tenacious in our pursuit of victory, he would never compromise his or our integrity nor valuesthat had the privilege of serving with him, he represented all that was good in the United States and the belief that our endeavors were morally sound. Case Document 50 Filed 12/11/18 Page 76 of 178 Speci?cally, as the Commander responsible for direct interrogations of all detainees on the Afghanistan battle?eld from 2009-11, was often faced with ethical and moral dilemmas that risked the reputation of our Nation and our belief in the rule of law. LTG (R) consistently and without fail always provided the most appropriate and values based advice and counsel that I came to rely upon in the most dif?cult of situations. Where other senior leaders would take advantage of the ?grey zone?, LTG (R) was the guiding light of moral turpitude and a generation of Soldiers and leaders of our Nation possess values and character based upon the example that he set for our Army. While my trepidation resides in my disappointment that a man of such high moral character with the greatest of honorable values could be demonized in the manner in which LTG (R) has been recently, I am appealing to your sense of both justice and righteousness in yourjudgement of LTG (R) Judge Sullivan, you are in a unique position to pass judgement upon a fellow man and I trust that you did not arrive in this position without the greatest of past achievements and care. LTG (R) has already paid the greatest price any Soldier or person with values could. His honor and integrity have been impaled on the altar of public opinion. I would respectfully implore you to carefully consider the lifetime of sel?ess service and the manner in which that service was provided to our Army, our Nation and its defense. Sincerely, C: A Christopher S. Vanek Colonel, United States Army Alexandria, VA 22301 Case Document 50 Filed 12/11/18 Page 77 of 178 Exhibit A1 8 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 78 of 178 The Honorable Judge Emmet G. Sullivan U.S. District Court for the District of Columbia 333 Constitution Ave, N.W. Washington D.C. 20001 November 29, 2018 Re: Michael T. Flynn Dear Judge Sullivan: My name is Margaret McDeed from Dover, Florida. I offered to write a letter of support for General Michael Flynn (Mike) because quite frankly, I am honored to have the opportunity to do so for such a great, warm, loving man. I have known him and his family personally for over 15 years. We initially met when my husband (who is now retired from the Army) returned from deployment from Afghanistan and were stationed at Fort Huachuca, Arizona. Also, my husband worked for and along with Mike at MacDill Air Force Base in Tampa, Florida several years later when he returned from deployment from Iraq. At both locations we had spent time together at many military family events and functions and Mike was the type of person that would always ask how you were doing and if there was anything needed. He always cared about the families on post and the base and his love for our country is so evident. Everyone that I know who has either worked with him in the military and/or knows him in the civilian sector all say the same thing - What a patriot and brilliant officer he is, and they couldn’t know a nicer person. This is so true and all words of his character! When I initially met the Flynn’s there was a genuine warmth and friendliness they exuberated and I felt so comfortable around them. Through the over 20 years of being a military spouse I have been fortunate to meet many people and make friends all over the world. But when it came to the Flynn’s I knew it was going to be a lifelong friendship and all these years later I was right! The Flynn’s would take several trips to Tampa when their son Matt lived near me and I always had them over for a special Italian meal while they were visiting. Their two grandchildren were here and they always flew in for birthdays and special occasions. Their world revolves around their grandchildren and devotion to family so apparent. On one of those trips to Florida, my mother asked if she could come to meet Mike. I asked him if it was okay to have them come over as well and he said absolutely, and he was more excited to meet them! I explained how my mother is a caregiver for my sister who suffered brain damage when she was born, and my father suffered a stroke when he was only 52 years old. He was paralyzed on the right side of his body and lost the ability to speak; however, is able to walk with a cane. Anyway, when my parents walked in he got right up to hug them as if he knew them all their lives. When we sat down, he positioned himself next to my father and held his hand. It warmed my heart because I knew how excited my 80 year old father was to meet him and he could not communicate with us but with Mike holding his hand that was like speaking a thousand words. When I spoke to my mother the next day she said how honored she was to meet him and what a beautiful person he is inside and out and really enjoyed the visit. They both could not stop smiling and they too have grown to love him and have so much respect for him. This is just one example and one story of the type of person Mike is. He cares about people and it is so apparent when you see him interacting with his family, especially the grandchildren, and friends. I feel truly blessed to know Mike, Lori and their family and I am grateful that all those years ago my husband received orders that gave us the opportunity to cross paths. Thank you so much for your time. Sincerely, Margaret McDeed Dover, FL 33527 Case Document 50 Filed 12/11/18 Page 79 of 178 Exhibit A 1 9 Case Document 50 Filed 12/11/18 Page 80 of 178 Scott L. McDeed Lieutenant Colonel, United States Army, Retired November 6, 2018 The Honorable Judge Emmet G. Sullivan US. District Court for the District of Columbia 333 Constitution Avenue, NW. Washington D.C. 20001 Subject; LTG Michael T. USA, Ret. Dear Judge Sullivan, LTG is one of the ?nest and most honorable men that have had the privilege to know and serve under while in the United States Army. I can attest beyond any doubt the he was the best leader and well- rounded person that I served with during my Army career. My introduction to LTG was on May 21, 2003, at Fort Huachuca, Sierra Vista, Arizona. His reputation as a quality of?cer and compassionate leader preceded his arrival to the command. LTG was the new Commander of the 111'11 Military Intelligence Brigade, and was one of his officers assigned to the 306th Military Intelligence Battalion. As a young Battalion S3 Operations, Plans and Training Of?cer, I had ?rsthand experience in observing my new Brigade Commander. It didn?t take long before I con?rmed in my own mind the type and Quality of leader that took command of our Brigade. From initial contact with the troops it was very clear that LTG embodied the total Army Of?cer and exuded the Army Values.? Without hesitation he inculcated that spirit and knowledge into the unit. He immediately created a positive and lasting impact to hundreds of Soldiers under his command. In short duration, I observed the Brigade and its transformation to a highly motivated force impacted by one man. After my departure from the command, it was several years later in 2006 that I saw LTG at the U.S. Embassy, Baghdad, Iraq. We spoke brie?y and then departed ways. While in Iraq, I spoke to numerous Special Operators both of?cers and noncommissioned of?cers that served with LTG I asked them what they thought of him. A common theme was addressed by each Soldier. They praised him as a leader that was blessed with sound judgement that conveyed a sincerity that honored every man in the unit and their sacri?ce. They said, he placed the Soldiers priorities before his own, he manifested both physical and moral courage, he always treated his subordinates, peers, and superiors with the upmost respect. As I listened, it was not just the words that they Spoke that moved me. It was their body Case Document 50 Filed 12/11/18 Page 81 of 178 Subject: LTG Michael T. USA, Ret. language. their stare, their tone of voice, and their emotional comfort that they embraced knowing that working under the most dangerous combat conditions they had a ?leader? that cared about them and their wellbeing. That is LTG as an of?cer and leader, that?s Michael as an ordinary compassionate and caring man. After departing Iraq, I was assigned as an Intelligence Officer, United States Central Command (USCENTCOM), MacDill Air Force Base, Tampa, Florida. Once again, our paths crossed. LTG was selected as the Director of Intelligence (.12) at USCENTOM. Shortly after he moved into his new position, he selected me to be one of his Executive Of?cers (XO). I was honored to serve in that position. My knowledge and respect for LTG increased during that tour of duty. As I reflect on my position as his XO, I was very fortunate with the long hours of exposure to his leadership and the opportunity to assess his attributes and skills. I learned more about him by his deeds than by his words. It was one of the best years of my Army career. In summary, I have known LTG for ?fteen (15) years. He is a self-driven compassionate man of the highest integrity. Ile is respected by many. His dedication, sacri?ce, and allegiance to our Country is well documented based on his exemplary military service of thirty-three (33) years; his loyalty to our Nation is above reproach. LTG is a caring man with a great love for his family and respect for his friends. Finally, he had a positive impact on me as a young leader during my military career. I am undoubtedly a better person today because of our professional relationship and life-long friendship. Sincerel .. . 4/ Scott L. ME, USA, Ret. Dover, Florida 33527 Case Document 50 Filed 12/11/18 Page 82 of 178 Exhibit A20 Case Document 50 Filed 12/11/18 Page 83 of 178 The Honorable Judge Emmet G.Su livan 11 November 2018 U.S. District Court for the District of Columbia 333 Constitution Avenue, NW. Washington, DC. 20001 Re: MichaelT. Dear Judge Sullivan, Thank you for the opportunity to provide a longer term perspective on the character and service of Lieutenant General (Retired) Mike Please humor an old Soldier with the length of this document and the military ?jargon.? I rarely exceed two pages, but the gravity of issue presented for your decision prompts me to offer more context about Mike than I can capture in two pages. I cannot but comment on the coincidence that I write this to you on November 11th, 2018?Veteran?s Day as I describe my experience with one of the ?best and brightest? of his generation of U.S. Army Military Intelligence (Ml) officers?by any measurement standard. I met then-First Lieutenant Mike in October 1983 during Operation Urgent Fury in Grenada. We were both assigned to Fort Bragg, N.C. Mike was a platoon leader in the 313th MI Battalion (Bn) (Airborne) (Abn), 82nd Airborne Division (82d AA). was a captain and 83 (Operations Officer) of the 519th Ml Bn (Abn), 525th MI Group (Abn). Mike supported the 505th Parachute Infantry Regiment (505th PIR), 82d AA, the largest maneuver force on the island. I was in Grenada as S3 of Task Force 525, responsible for all intelligence activities on Grenada except for the 313th MI Bn and the Central Intelligence Agency (CIA). The fluid nature of the environment made of intelligence operations a key to success and safety of Soldiers and the civilian population. Mike was a conduit to me to ensure we did that effectively. His performance demonstrated fonNard thinking, rapid action and coordination skills, and keen understanding of the Law of Land Warfare and the Rules of Engagement (ROE) that combined to mitigate potential risks. I am convinced the absence of extensive casualties and collateral damage were direct results of his performance. Immediately upon return to Fort Bragg, NC, I was reassigned from the 519th Ml Bn (Abn) to serve as 82 (Senior Intelligence Officer of the 505th PIR, 82d AA. Mike was my liaison officer and primary point of contact for the 313th MI Bn (Abn) company team of assets in direct support of my Regimental Intelligence Battlefield Operating System (IBOS). During a fast-paced series of contingency planning sessions and major exercises, the ability of the IBOS to support the 505th PIR was, in great part, due to Mike?s participation in planning, rehearsal and training activities. His competence as a leader and intelligence professional was far greater than expected of his rank and time in service and orders of magnitude ahead of his peers. The quality and depth of the IBOS capability and capacity in support of the 505th PIR consistently enabled success in a number of diverse mission profiles based upon Mike?s contributions and performance earned the absolute trust of the Regimental Commander and the entire staff as we remained ready to put Paratrooper?s in harms way anywhere in the world in eighteen hours or less. Case Document 50 Filed 12/11/18 Page 84 of 178 In 1985, Mike and I were reassigned from Fort Bragg, NC. to Fort Huachuca, A.Z. Mike was assigned to attend the Military Intelligence Officer Advanced Course (MIOAC). I was assigned to Fort Huachuca as a cadre instructor for tactical intelligence operations, training management and Soviet Threat. Part of my instructor duties included serving as senior faculty advisor for MIOAC captains and lieutenants in the MI Officer Basic Course (MIOBC). I had the privilege to serve as Mike senior faculty advisor and to watch him lead, train, mentor, collaborate and inspire his classmates with a performance that exceeded course standards and produced one of the most consistently outstanding cohorts of MIOAC graduates I saw in my forty-plus years of total federal service. Upon graduation, Mike joined the Fort Huachuca cadre and assumed command of a training company in the 111th Ml Brigade. His experience and intellect, plus his dynamic enthusiasm created one of the most high performing and successful companies in the Army?s extensive school environment. Performance hallmarks included keen and intuitive instructional innovations based on experience gained on the ground, high standards of performance and conduct, personal and professional, that he set and inspired others to emulate, and boundless enthusiasm. In addition to his excellence as a Soldier, he demonstrated a commitment and dedication to his family for others to see and to mirror. The Army is a demanding master that requires us to subsidize it with our time, our resources and our families. Mike was superb at creating a more family-friendly construct for his Soldiers and their families at Fort Huachuca and he carried this care and concern for families through every subsequent assignment. He and his wife, Lori, raised a tremendous Army Family and provided an example of balance and teamwork that became an example for others to adopt and to use across the Army. He was one of, if not the, most effective company-grade officers in the Army at that time, his positive influence was exported from Fort Huachuca throughout the Army, Active, Reserve and National Guard, and into the Joint force. I left Fort Huachuca in 1987 and next served with Mike at Fort Bragg, NC. in 1999. He was a lieutenant colonel commanding the 313th MI Bn, 82d AA and I returned to Fort Bragg as a colonel to command the 525th MI Brigade (Abn), Airborne Corps. Fort Bragg was fortunate to have the most talented and capable group of MI bn commanders ever assembled anytime and anywhere?Mike was the best. He led and trained Soldiers and provided a level of care for families that was second to none. His energy, enthusiasm, and demand for high standards and living Army Values of Loyalty, Duty, Respect, Selfless Service, Honor, Integrity, Personal Courage? set an extremely high aim point for all of us to achieve. Mike continued to excel as commander of the 111th Ml Brigade at Fort Huachuca, A.Z. from 2002-2004. While I had no daily contact with him, he and his staff helped me in ways that contributed outside the Army and Department of Defense (DOD). I was a retired Army colonel serving as Chief of Staff for the Department of Homeland Security (DHS) Headquarters Intelligence Organization. I reached to Mike on several occasions for advice and assistance to help me create DHS ?Intelligence? in the Headquarters and found his insights, and those of his staff, to be of exceptional value in the dynamic chaos of a newly-formed DHS. Many of the more complex issues I faced involved balancing protection of individual privacy and necessity for collective security. I found Mike?s guidance to do what was right in all things to be a consistent Case Document 50 Filed 12/11/18 Page 85 of 178 and wise admonition. He imprinted care for Soldiers and families, commitment to Army Values and a strong sense of purpose and innovation to several thousand junior Enlisted, NCO, Warrant and Commissioned officers who carried that throughout the Army and beyond, especially key in a time of war. As the evolution of technology started to occur in ever shorter cycles, he guided the Army Intelligence Enterprise to adapt and to react and to overcome along the same compressed timeline. This set conditions for mission success and Soldier safety across the globe from Iraq and Afghanistan to Africa and Asia and at home. Mike went on to serve as the J2 (SIO), Joint Special Operations Command (JSOC), again at Fort Bragg, NC. and worked for another exceptional innovator and leader, then-Lieutenant General Stan Under Stan?s command, Mike led an effort that transformed IBOS into the most effective and responsive anywhere in DOD and one that provided an incredible record of success in attacking and destroying ISIS, AI Qaida and Taliban networks in all their many forms and locations. Following the Law of Land Warfare and ROE, his IBOS efforts protected the joint service Special Operations force and underpinned mission success. Mike then became the J2 of US Central Command. By this time, I was a member of the Defense Intelligence Senior Executive Service (DISES) at the Tier-3 - star equivalent level) and serving as Assistant Deputy Chief of Staff for Intelligence (G2), Headquarters, Department of the Army in the Pentagon. By position, I served as the Army?s senior Civil Service Intelligence officer. Part of my responsibility was to maintain close communications with Mike to ensure the Army?s Title US. Code mission to ?man, train, and equip? and provide ?ready forces? for the Warfighter was executed properly for intelligence and Intelligence, Reconnaissance, and Surveillance (ISR). Mike was superb. Bright, innovative, upbeat, energetic, and always eager to collaborate with us to find new and better capabilities or to make those we had more effective. His personal dedication to, and care of, supported commanders and their personnel coupled with a clear understanding of what was right and Army Values were evident in every conversation and every action as he helped me help him in a wartime environment. When he assumed leadership of the Defense Intelligence Agency in 2012, I found him to be a tremendous mission partner, innovative, collaborative and always focused on taking care of employees, uniformed and civilian, and the mission to be done in the DOD Intelligence Enterprise. Our collaboration opportunity ended when I retired from Civil Service in 2013. My personal and professional experience with Mike spans all or part of four decades over two centuries, peace and war, first lieutenant to lieutenant general. In all that time, I know of no instance in which he deviated from the Army Values, we, as leaders commit to follow. Leadership, exceptional levels of personal courage and selfless service in support of Military families, personnel, uniformed and civilian, and the missions critical to execute successfully to protect lives and our nation are his legacies. I close with a respectful and earnest request to you. As you make the difficult decision that is your responsibility, please consider Mike lifetime of service, contributions, and achievements from the longer view and ?the whole man.? The most valuable resource of any nation is its young people. Those young American men and Case Document 50 Filed 12/11/18 Page 86 of 178 women who volunteer for military service demonstrate the courage and sense of being part of something larger than themselves that make them the most valuable of that resource. Mike volunteered for the humbling honor to be responsible for them from platoon leader to Director of DIA, and excelled. He led, trained, mentored, coached and protected thousands upon thousands to success, many of whom are alive and well today primarily because of where he was and what he did over these many years. Colonel (Retired), Military Intelligence, US. Army Defense Intelligence Senior Executive Service (Retired) Centreville, Va 20121 Case Document 50 Filed 12/11/18 Page 87 of 178 Exhibit A21 0. Vw- .. . Case Document 50 Filed 12/11/18 Page 88 of 178 The HOnorable Judge Emmet G. Sullivan November 25,2018 8 District Court for the District of Columbia 33 Constitution Avenue NW Washington DC. 20001 Re: Michael Dear Judge Sullivan, It is With a warm heart that I relate to you fond recollections of my friend of many years. Michael It was in the early 1980?s that my husband Tom O?Connell. now deceased. and I first met Mike and Lori while assigned to the 82nd Airborne DiVision at Ft Bragg, NC. As a platoon leader Mike held a critical position in the 313th Military Intelligence Battalion. I recall on more than one occasion, Tom, the battalion commander at the time, praising Mike's professionalism, dedication, and devotion to his Soldiers While a member of the battalion, Mike and his wife Lori were a valuable support system to the families that came under his command as well as to others in our military family. This was when I first became aware of his dedication to family, friends and colleagues. He was always going the extra mile to care for others. In 1983 during the invasion of Grenada by the Airborne Corps, Mike was singled out for an act of bravery that sealed my high regard for his character. While on surveillance duty on a cliff overlooking the island?s airport and beach, he became aware of two soldiers in dire need of rescuing from the unpredictable currents in the bay. Observers remarked that without hesitation or thought of self he jumped forty feet into the water and dragged two Navy SEALS to safety. Through the years we grew even closer with the keeping up with each other's families both through military connections and shared home state Rhode Island connections. Tom and I always found Mike to be a man with impeccable moral character, a sharp intellect, and a charming sense of humor. My husband Tom, a retired Army Colonel and former Assistant Secretary of Defense for SpeCial Operations submitted Mike?s name to the University of Rhode Island ROTC Hall of Fame which singles out former graduates for their serVice to the Nation Mike was selected that same year, not an easy honor to attain. Case Document 50 Filed 12/11/18 Page 89 of 178 Several years ago. Mike and Lori bought the house next door to his retired mother ir Middletown, RI, a true testament to the care, devotion, and loyalty which he has always extended to his family and friends in 2016. shortly after Mike had retired from the Army, I lost my husband qwte suddenly VWhin hours Mike and Lori were at our home expressing sympathy and lending support to me and our two sons Such was their relationship and respect to longtime friends and colleagues It was at Mike?s initiation, encouragement. and help that a special memorial celebration of Tom's life was arranged and attended by over three hundred people. We will be forever grateful for his support during that difficult time. in closing, our friendship continues as strong and personal as it started many years ago. I?m sure that I remain just one of many whose lives have been positively touched by Michael Sincerely, - cu 65/ 0 Case -, PatriCia O'Connell Winthrop, Maine 04364 Case Document 50 Filed 12/11/18 Page 90 of 178 Exhibit A22 Case Document 50 Filed 12/11/18 Page 91 of 178 fl?eantatian, ?78. 33317 The Honorable Judge Emmet G. Sullivan November 14, 2018 US. District Court for the District of Columbia 333 Constitution Avenue, N. W. Washington, DC. 20001 Re: Michael T. Dear Judge Sullivan: It is my privilege to provide this letter of character support for General Michael There is no doubt in my mind that General is of excellent moral character. I reached out to General on March 4, 2014 on behalf of the McJunkin Family Charitable Foundation, Inc., requesting recommendations for Veterans organizations for us to consider. General responded to my (a total stranger) request within hours! Since that time, we have had the opportunity to communicate through a personal visit, dozens of emails and phone calls. May 1, 2017, I had the pleasure and honor of personally meeting General He joined us at a Foundation dinner to discuss foundation goals and Veterans? needs. It was a memorable evening! I remember it for many reasons, I met: a true American hero who showed humility, a friend -who showed loyalty to a long-time friend, a man who easily talked about this family and his faith, a Veteran who does not forget and wants to help those who serve/d our country and the sacrifices of their families, an interesting, humorous conversationalist, a very dinner and a man who eats desserts. I learned that General is a gentleman whose priorities are God, Family and Country. was not disappointed. I am thankful I have a new friend, Mike. Sincerely, Marian Elmore, Vice President, Secretary MFCF, Inc. Case Document 50 Filed 12/11/18 Page 92 of 178 Exhibit A23 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 93 of 178 McJunkin Family Charitable Foundation, Inc. Plantation, Fl. 33317 The Honorable Judge Emmet G. Sullivan U.S. District Court for the District of Columbia 333 Constitution Avenue, N. W. Washington, D.C. 20001 November 14, 2018 Re: Michael T. Flynn Dear Judge Sullivan: The McJunkin Family Charitable Foundation is pleased to provide this letter of character support for General Flynn. General Flynn continues a relationship with our foundation since March 2016. Our Board members (Patricia Houchens, Ken Jones and Marian Elmore) all agree the General is a respected and valued liaison for the Veterans and our organization. We are a small private family foundation that was founded by a proud World War II Army Air Corps Veteran and his wife (W.S. and Frances McJunkin). We are charged with funding three major areas: Medical, Salvation Army, and Veterans. Our goal is to research and obtain reputable information on organizations that we will have the opportunity to fund, with this in mind we reached out to General Flynn. Out of his deep commitment to our American Veterans, General Flynn has provided us with valuable information and personal introductions to organizations that assist our Veterans, they include: Special Operation Warriors Foundation, Inc., Operation 300, Gold Star Families, and Angel Brigade Radio. The information provided us the opportunity to do our due diligence on these organizations and evaluate how they fit with our foundation. We enthusiastically fund Special Operation Warriors Foundation and Operation 300. The McJunkin Family Charitable Foundation is honored to have the privilege of having General Flynn as an unpaid consultant. Sincerely, Patricia Houchens, President, MFCF, Inc. Ken Jones, Vice President, Secretary, MFCF, Inc. p.p. Marian Elmore Vice President, Secretary, MFCF, Inc. Case Document 50 Filed 12/11/18 Page 94 of 178 Exhibit A24 Case Document 50 Filed 12/11/18 Page 95 of 178 The Honorable Judge Emmet G. Sullivan US. District Court for the District of Columbia 333 Constitution Avenue, NW. Washington DC. 20001 Re: Michael T. Dear Judge Sullivan, I have known LTG (R) Mike since 1986. Throughout these many years, I have continuously witnessed him as a devoted husband, father and friend. As a military leader, Mike set a superb example for countless service members to emulate throughout his exemplary career. I don?t know what happened when he was questioned by the FBI, but I do know that Mike is a man of character and not a criminal. He has always been an upstanding citizen, Soldier, and is, without a doubt, not a threat to society. Mike goes out of his way to take care of those around him. When he was the Director of the Defense Intelligence Agency, a position nominated by the President of the United States and con?rmed by the United States Senate, he would position himself at the exit of the building in the afternoon to thank the employees for their service prior to them going home. Mike leads from the heart. When a young lieutenant solicited his support to prepare for the United States Army Ranger school, Mike set aside his personal time to train the lieutenant. His mornings and lunch hours were devoted to training the lieutenant. He spent time at the pool, on the track, and running the mountains to prepare the lieutenant. His sel?ess commitment resulted in success with another leader in the US Army wearing a Ranger tab and leading Soldiers for over thirty years. Again, I don?t know what happened when questioned by the FBI, but I do know that that isolated incident alone does not accurately re?ect on his lifetime of honorable service to our Nation, our Army, and his family. Thank You, ?ea/4r. ROBERT P. WALTERS, JR. MAJOR GENERAL, U.S. Ft. Huachuca, AZ 85613 Case Document 50 Filed 12/11/18 Page 96 of 178 Exhibit A25 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 97 of 178 Date 129 The Honorable Judge Emmet G. Sullivan U.S. District Court for the District of Columbia 333 Constitution Avenue, N.W. Washington D.C. 20001 Re: Michael T. 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