Lawmakers: Flynn likely broke law in not revealing Russia payments

Former national security adviser Michael Flynn did not disclose payments for a 2015 speech in Moscow in his application to renew his security clearance in 2016, the leaders of the House Oversight Committee told reporters Tuesday.

The omission likely broke the law, the lawmakers said.


“As a former military officer, you simply cannot take money from Russia, Turkey or anybody else,” Oversight Chairman Jason Chaffetz (R-Utah) said. “And it appears as if he did take that money. It was inappropriate. And there are repercussions for the violation of law.”

Rep. Elijah Cummings of Maryland, the panel’s top Democrat, noted that knowingly falsifying or concealing information on a security clearance application form, called an SF-86, is a felony punishable by up to five years in prison.

Chaffetz and Cummings sent letters to the White House and federal agencies last month seeking Flynn’s security clearance applications and other documents. The Defense Intelligence Agency, where Flynn formerly served as director, provided the committee with Flynn’s security clearance documents. Cummings said the White House refused to comply with the committee’s request for other documents.

Flynn was forced to resign as President Donald Trump’s national security adviser in February after it became clear he had misled Vice President Mike Pence about the nature of his pre-inauguration phone calls with Russia’s ambassador.

Flynn has come under scrutiny for his lobbying on behalf of Turkey and for a paid speech he gave in 2015 at an event in Moscow celebrating the Russian propaganda outlet RT. At the event, Flynn was seated at a table with Russian President Vladimir Putin.

Flynn was paid nearly $34,000 for the Moscow speech, documents show — something Cummings has suggested could be a violation of the Constitution’s emoluments clause, which bars government officials from accepting gifts or payments from foreign governments. The Defense Department has issued guidance warning retired military officers that they are still bound by the emoluments clause because they are subject to recall.

Chaffetz said his committee would be turning over the issue to the Army and Defense Department to make a final determination, which Chaffetz said could include recovering the money he was paid.

“Gen. Flynn had a duty and an obligation to seek and obtain permission to receive money from foreign governments prior to any engagement with them,” Chaffetz said. “It does not appear to us that that was ever sought, nor did he get that permission.”

Flynn’s lawyer, Robert Kelner, said in a statement that Flynn briefed the Defense Intelligence Agency on his Moscow trip.

"As has previously been reported, General Flynn briefed the Defense Intelligence Agency, a component agency of the Department of Defense, extensively regarding the RT speaking event trip both before and after the trip, and he answered any questions that were posed by DIA concerning the trip during those briefings," Kelner said.