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 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 20 of 178 Exhibit A1 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 21 of 178 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 22 of 178 Case 1:17-cr-00232-EGS 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 1:17-cr-00232-EGS 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 1:17-cr-00232-EGS 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 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 42 of 178 Exhibit A5 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 43 of 178 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 44 of 178 Case 1:17-cr-00232-EGS 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 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 48 of 178 Exhibit A7 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 49 of 178 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 50 of 178 Exhibit A8 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 51 of 178 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 52 of 178 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 53 of 178 Exhibit A9 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 54 of 178 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 55 of 178 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 56 of 178 Exhibit A10 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 57 of 178 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 58 of 178 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 59 of 178 Exhibit A11 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 60 of 178 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 61 of 178 Exhibit A12 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 62 of 178 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 63 of 178 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 64 of 178 Exhibit A13 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 65 of 178 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 66 of 178 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 67 of 178 Exhibit A14 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 68 of 178 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 69 of 178 Exhibit A15 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 70 of 178 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 71 of 178 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 72 of 178 Exhibit A16 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 73 of 178 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 74 of 178 Exhibit A17 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 75 of 178 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 76 of 178 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 77 of 178 Exhibit A18 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 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 79 of 178 Exhibit A19 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 80 of 178 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 81 of 178 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 82 of 178 Exhibit A20 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 83 of 178 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 84 of 178 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 85 of 178 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 86 of 178 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 87 of 178 Exhibit A21 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 88 of 178 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 89 of 178 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 90 of 178 Exhibit A22 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 91 of 178 Case 1:17-cr-00232-EGS 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 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 94 of 178 Exhibit A24 Case 1:17-cr-00232-EGS Document 50 Filed 12/11/18 Page 95 of 178 Case 1:17-cr-00232-EGS 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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