1 00:00:00,120 --> 00:00:03,400 Speaker 1: Michael Flynn's tenure as President Trump's National security advisor was 2 00:00:03,520 --> 00:00:05,920 Speaker 1: very short, but it continues to cause headaches for the 3 00:00:05,920 --> 00:00:10,039 Speaker 1: Trump administration. Yesterday, House Oversight Chairman Jason cha Fits and 4 00:00:10,119 --> 00:00:13,600 Speaker 1: ranking Democrat Elijah Cummings said that they reviewed Flynn's application 5 00:00:13,680 --> 00:00:15,880 Speaker 1: for a security clearance to work in the White House, 6 00:00:16,400 --> 00:00:19,439 Speaker 1: and they said Flynn failed to disclose payments from companies 7 00:00:19,480 --> 00:00:23,040 Speaker 1: linked to the Russian governments, possibly violenting federal law and 8 00:00:23,200 --> 00:00:26,800 Speaker 1: the Constitution. Here to talk with us about whether or 9 00:00:26,840 --> 00:00:30,280 Speaker 1: not Flynn broke the law is William Banks, director of 10 00:00:30,320 --> 00:00:33,400 Speaker 1: the Institute for a National Security and counter Terrorism at 11 00:00:33,440 --> 00:00:39,199 Speaker 1: Syracuse Law School. Bill Based on what Chafits and Cummings 12 00:00:39,200 --> 00:00:43,199 Speaker 1: have said after their review of documents, what legal problems 13 00:00:43,240 --> 00:00:49,000 Speaker 1: does Michael Flynn face here? He faces a few, I think, 14 00:00:49,080 --> 00:00:54,360 Speaker 1: you know. The The most clear violation appears to be 15 00:00:54,480 --> 00:00:58,040 Speaker 1: of a statute called the Foreign Agents Registration Act, which 16 00:00:58,120 --> 00:01:02,920 Speaker 1: ows it's name applause implies indicates that someone who's going 17 00:01:02,960 --> 00:01:06,160 Speaker 1: to be working uh in a foreign state on behalf 18 00:01:06,240 --> 00:01:10,000 Speaker 1: of their government must register here in the United States. 19 00:01:10,600 --> 00:01:14,560 Speaker 1: The idea idea being, of course, so that we can 20 00:01:14,640 --> 00:01:18,200 Speaker 1: know where foreign influence in the United states might be 21 00:01:18,280 --> 00:01:22,560 Speaker 1: coming from the form suggests that he did not register, 22 00:01:22,640 --> 00:01:25,240 Speaker 1: at least at the time he was doing that work 23 00:01:25,319 --> 00:01:28,800 Speaker 1: in in Russia or for a European country with ties 24 00:01:28,880 --> 00:01:32,000 Speaker 1: to Turkey and also ties to Russia and Bill, what 25 00:01:32,040 --> 00:01:34,759 Speaker 1: would be the practical implications? Is that possible he could 26 00:01:34,800 --> 00:01:38,760 Speaker 1: face criminal charges if indeed he violated that law. It 27 00:01:39,000 --> 00:01:42,479 Speaker 1: is although that the statute does impose a pretty high 28 00:01:42,640 --> 00:01:48,000 Speaker 1: barrier to that, because the the conduct that he must 29 00:01:48,080 --> 00:01:51,960 Speaker 1: have engaged in, that is, failing to register, has to 30 00:01:52,000 --> 00:01:56,080 Speaker 1: have been willful. So, you know, a simple uh, you know, 31 00:01:56,880 --> 00:02:01,400 Speaker 1: I forgot is not enough to convictim. But a failure 32 00:02:01,480 --> 00:02:05,320 Speaker 1: or register, or making a false statement or or an 33 00:02:05,320 --> 00:02:08,840 Speaker 1: omission of a material fact in connection with registration is 34 00:02:08,880 --> 00:02:12,840 Speaker 1: also unlawful. Again if it was wilfully done, And if 35 00:02:12,880 --> 00:02:15,679 Speaker 1: it was wilfully done, he could face either civil or 36 00:02:15,760 --> 00:02:20,400 Speaker 1: criminal penalties. Bill. This was a man, Michael Flynn, who 37 00:02:20,440 --> 00:02:23,520 Speaker 1: was very involved in the Trump campaign, was clearly trusted 38 00:02:23,600 --> 00:02:26,960 Speaker 1: enough by the President that he was appointed National Security Adviser, 39 00:02:27,120 --> 00:02:31,440 Speaker 1: albeit for a short time. How is it that a 40 00:02:31,480 --> 00:02:34,200 Speaker 1: White House misses this kind of thing when it's doing 41 00:02:34,200 --> 00:02:38,520 Speaker 1: its vetting. That's very hard to explain. It's perhaps a 42 00:02:38,520 --> 00:02:41,679 Speaker 1: little easier to understand during the course of the campaign 43 00:02:41,760 --> 00:02:45,840 Speaker 1: when there were so many different individuals working in and 44 00:02:45,919 --> 00:02:49,560 Speaker 1: serve of a transitional way for the campaign, but certainly 45 00:02:49,600 --> 00:02:54,640 Speaker 1: not during the presidential transition period itself or in the 46 00:02:54,639 --> 00:02:57,480 Speaker 1: first weeks of the administration. They they it's hard to 47 00:02:57,560 --> 00:03:01,040 Speaker 1: imagine that they could have missed something this. The forms 48 00:03:01,160 --> 00:03:04,640 Speaker 1: that that Chafits and the ranking Democrat were referring to 49 00:03:04,800 --> 00:03:09,080 Speaker 1: yesterday are simply forms that anyone who's seeking a security 50 00:03:09,120 --> 00:03:13,160 Speaker 1: clearance has still out. So in Mr Flynn's case, he 51 00:03:13,280 --> 00:03:15,639 Speaker 1: was he was filing out the form that he's probably 52 00:03:15,639 --> 00:03:19,200 Speaker 1: filled out a dozen times before, because it's it's a 53 00:03:19,240 --> 00:03:23,880 Speaker 1: regular obligation of an individual who keeps a clearance, and 54 00:03:23,960 --> 00:03:27,240 Speaker 1: it's a you know, they're very clear questions there that 55 00:03:27,320 --> 00:03:32,280 Speaker 1: he either intentionally failed to answer or provided misleading information, 56 00:03:32,480 --> 00:03:37,480 Speaker 1: or he simply made a mistake. Bill there's also a 57 00:03:37,560 --> 00:03:40,920 Speaker 1: question whether he might have violated the Constitution's of Monuments clause. 58 00:03:41,000 --> 00:03:42,720 Speaker 1: Can you you talk about that? Do you see that 59 00:03:42,760 --> 00:03:47,200 Speaker 1: as a potential serious issue for him? It's, uh, you know, 60 00:03:47,240 --> 00:03:50,200 Speaker 1: in theory, it's the same. It is a serious issue 61 00:03:50,200 --> 00:03:52,400 Speaker 1: in the same way that it has been when it's 62 00:03:52,440 --> 00:03:55,360 Speaker 1: come up with regard to Mr Trump and members of 63 00:03:55,520 --> 00:04:01,000 Speaker 1: Mr Trump's family benefiting personally from their their investments while 64 00:04:01,080 --> 00:04:05,360 Speaker 1: serving as a public official. As a practical matter, it's 65 00:04:05,440 --> 00:04:09,760 Speaker 1: unlikely to have serious implications for Mr Flynn because he's 66 00:04:09,800 --> 00:04:12,560 Speaker 1: not going to be prosecuted by this Justice Department. I'm 67 00:04:12,600 --> 00:04:14,680 Speaker 1: afraid we're going to have to cut this a bit short. 68 00:04:14,760 --> 00:04:17,920 Speaker 1: Thanks to thanks, thank you for being here on Bloomberg Glow.