Were his lies
material, as required by the statute to which he pleaded guilty? Absolutely. For those of us who spent a professional lifetime as prosecutors and in the Justice Department, this is not a close call.
Had Flynn been asked his favorite ice cream flavor by FBI agents and told them it was vanilla when he preferred chocolate, that would be immaterial. But lying to the FBI about his conversation with a Russian diplomat, given his financial and other ties to Russia, in the wake of massive Russian interference in our 2016 election, and during an FBI counterintelligence investigation concerning Russia? That is material — plain and simple.
President Trump thought Flynn’s lies were material. He fired Flynn in 2017 for lying to Vice President Pence and tweeted that year that he
“had to fire General Flynn because he lied to the Vice President and the FBI.” White House chief of staff Reince Priebus, according to
special counsel Robert S. Mueller III’s report, recalled that Trump was angry at Flynn for lying about the conversation he had with the Russian diplomat.
Vice President Pence thought Flynn’s lies were material, stating he knew at the time Flynn was fired that Flynn
“lied to me” and that “the president made the right decision [to fire] him.” It seems that Flynn’s lies were material to Trump and Pence.
Senior Justice Department officials, including acting attorney general Sally Yates and National Security Division Chief Mary McCord, thought Flynn’s lies were material, because, as the Mueller report noted, they were concerned it “[created] a compromise situation for Flynn because … the Russian government could prove Flynn lied.” That, as the report further noted, afforded leverage over Flynn such that Russia “could use that derogatory information to compromise [Flynn].”
Federal prosecutors detailed to the Special Counsel’s Office thought Flynn’s lies were material. They signed their names to court documents that outlined the facts that supported his guilty plea, including the material false statements Flynn made. That
six-page statement of the offense is part of the public record.
Federal District Judge Rudolph Contreras thought Flynn’s lies were material. Flynn
pleaded guilty to the charge of making a material false statement in his courtroom in December 2017. A judge will accept a guilty plea in federal court only if there is a factual basis for it and only if all the elements of the offense are proved. If the judge did not believe the lies were material, he presumably would not have accepted the plea agreement.
Etc...