Case 1:17-cr-00232-EGS Document 80 Filed 05/31/19 Page 1 of 4

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA
v.

Crim. No. 17-232 (EGS)

MICHAEL T. FLYNN,
Defendant

GOVERNMENT’S RESPONSE TO ORDERS OF THE COURT
The United States of America, by and through the U.S. Attorney for the District of
Columbia, respectfully provides the following responses to the Court’s two Minute Orders issued
on May 16, 2019. First, as discussed below, the government hereby attaches a transcript of the
“voicemail recording” referenced in the Addendum to the Government’s Memorandum in Aid of
Sentencing. Second, the government represents that there are no additional unredacted portions
of the Special Counsel’s Report On The Investigation Into Russian Interference In The 2016
Presidential Election (hereinafter “the Report”) that are responsive to the Court’s second Minute
Order.
I.

Background

On May 16, 2019, the Court issued two Minute Orders, sua sponte, after the government
had moved to unseal portions of certain records that the parties had relied on in their sentencing
memoranda prior to the defendant’s initial sentencing hearing on December 18, 2018.
The Court first ordered the government to file on the public docket the transcript of the
“voicemail recording” referenced in the Addendum to the Government’s Memorandum in Aid of
Sentencing [ECF No. 75] (“Addendum”). The Court further ordered that the government

 Case 1:17-cr-00232-EGS Document 80 Filed 05/31/19 Page 2 of 4

publicly file transcripts of any other audio recordings of the defendant, including but not limited
to audio recordings of the defendant’s conversations with Russian officials. The Court also
ordered that the government submit to the Court’s chambers audio versions of any such
recordings.
The Court’s second Minute Order directed that the government file the publicly-available
version of the Report on the public docket by May 17, 2019; the government complied with that
order. The Court further ordered the government to file on the public docket “an unredacted
version of those portions of the [R]eport that relate to the” defendant.
II.

Response

With respect the “voicemail recording” referenced in the Addendum, the government has
attached a transcript of that recording. See Attachment 1. The government also clarifies that the
“voicemail recording” is the same recording excerpted in Volume II of the Report—that is, a
message left by the President’s personal counsel for the defendant’s attorneys. See Report,
Volume II, p. 121. The defendant provided the recording to the government pursuant to his plea
agreement. Simultaneously, the government is furnishing the Court’s chambers with the audio
version of the “voicemail recording.” The government further represents that it is not relying on
any other recordings, of any person, for purposes of establishing the defendant’s guilt or
determining his sentence, nor are there any other recordings that are part of the sentencing
record.
With respect to the Report, the government represents that all of the information in the
Report that the defendant provided to the Special Counsel’s Office has been unredacted, as has
all of the information in the Report that others provided about the defendant. In those sections
where the defendant’s conduct is discussed, limited remaining redactions pertain to the sourcing

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 Case 1:17-cr-00232-EGS Document 80 Filed 05/31/19 Page 3 of 4

of information, such as references to grand jury subpoenas. See, e.g., Report, Volume I, pp. 16972.
Respectfully submitted,
JESSIE K. LIU
U.S. Attorney for the District of Columbia
By: /s/
Brandon L. Van Grack
National Security Division
U.S. Department of Justice
950 Pennsylvania Ave., NW
Washington, DC 20530
Deborah Curtis
Assistant United States Attorney
555 4th Street NW
Washington, D.C. 20530

Dated: May 31, 2019

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CERTIFICATE OF SERVICE
I, Brandon L. Van Grack, certify that I served a copy of the foregoing electronically to
counsel of record for the defendant on May 31, 2019.

______/s/_______________
Brandon L. Van Grack
National Security Division
U.S. Department of Justice
950 Pennsylvania Ave., NW
Washington, DC 20530
Attorney for the United States of America

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 Case Document 80-1 Filed 05/31/19 Page 1 of 2

ATTACHMENT 1

Case Document 80-1 Filed 05/31/19 Page 2 of 2

Voicemail Recording
November 22, 2017

[Recording Begins]

. Hey, Rob, 1.111111, this is John again. Uh, maybe, sympathetic; I understand your
situationcan?t. . .state it in. . .starker terms. If you have. . .and it wouldn?t
surprise me if you?ve gone on to make a deal with, and, uh, work with the government, I
understand that you can?t join the joint defense; so that?s one thing. If, on the other hand, we
have, there?s information that. . implicates the President, then we?ve got a national security issue,
or maybe a national security issue, I don?t know. . .some issue, we got to-we got to deal with, not
only for the President, but for the country. So. . .uh. . .you know, then-then, you know, we need
some kind of heads up. Um, just for the sake of. . .protecting all our interests, if we can, without
you having to give up any. . .con?dential information. So, ohm, and if it?s the former, then, you
know, remember what we?ve always said about the President and his feelings toward and,
that still remains, buthell, in any event, uhm, let me know, and, uh, I appreciate your listening
and taking the time. Thanks, Pal.

[Recording Ends]