WASHINGTON — President Donald Trump knew for weeks that national security adviser Michael Flynn had misled the White House about his contacts with Russia but did not immediately force him out, an administration spokesman said on Tuesday.
Trump was informed in late January that Flynn had not told Vice President Mike Pence the whole truth about conversations he had with Russia’s ambassador to the United States before Trump took office, White House spokesman Sean Spicer said.
Flynn quit on Monday after Trump asked for his resignation, Spicer said. “The issue pure and simple came down to a matter of trust,” Spicer told reporters.
The departure was another disruption for an administration already repeatedly distracted by miscues and internal dramas since the Republican businessman assumed the presidency on Jan. 20.
U.S. lawmakers, including some leading Republicans, called for a deeper inquiry into not just Flynn’s actions but broader White House ties to Russia. Trump has long said that he would like improved relations with Russian President Vladimir Putin.
Rep. Adam Schiff, the top Democrat on the House of Representatives Intelligence Committee, said Trump only moved against Flynn because of media attention to the issue, and not because of concern at any wrongdoing by the former lieutenant general.
“The reason they lost faith or trust in General Flynn only last night when they knew for weeks that he had been lying was that it became public,” Schiff told MSNBC.
A timeline of events outlined by Spicer and a U.S. official showed that Trump had known for weeks about Flynn misleading the vice president.
Trump, a former reality TV star whose catchphrase was “You’re fired!,” has often boasted of his eagerness to get rid of subordinates. But he was not quick to fire Flynn, a strong advocate of a better relations with Russia and a hard line against Islamist militants.
The Justice Department warned the White House in late January that Flynn had misled Pence by denying to him that he had discussed U.S. sanctions on Russia with Ambassador Sergei Kislyak, a potentially illegal act, a U.S. official said.
Flynn did talk about sanctions with the diplomat, whose calls were recorded by U.S. intelligence officials, the official said. But Pence went on television in mid-January and denied that Flynn had discussed sanctions.
Spicer stressed that the administration believed there was no legal problem with Flynn’s conversations with Kislyak, but rather an issue over the president’s trust in his adviser.
He said the Justice Department sought to notify the White House counsel on Jan. 26. about the discrepancies in Flynn’s accounts.
“The White House counsel informed the president immediately. The president asked them to commit a review of whether there was a legal situation there. That was immediately determined there wasn’t. That was what the president believed at the time from what he had been told and he was proved to be correct,” Spicer told reporters.
“We got to a point not based on a legal issue, but based on a trust issue,” he said.
Flynn’s conversations with the ambassador took place around the time that then-President Barack Obama imposed sanctions on Russia, charging that Moscow had used cyber attacks to try to influence the 2016 presidential election in Trump’s favor.
A U.S. official familiar with the transcripts of the calls with the ambassador said Flynn indicated that if Russia did not retaliate in kind for Obama’s Dec. 29 order expelling 35 Russian suspected spies and sanctioning Russian spy agencies, that could smooth the way toward a broader discussion of improving U.S.-Russian relations once Trump took power.
Flynn’s discussions with the Russian diplomat could potentially have been in violation of a law known as the Logan Act, banning private citizens from negotiating with foreign governments about disputes or controversies with the United States. However, nobody has been prosecuted in modern times under the law, which dates from 1799.
Although Flynn is almost certain not to be prosecuted under the Logan Act, he could still face legal trouble if it emerges that he violated other federal laws in his communications with the Russians, said Andrew Kent, a professor at Fordham University School of Law in New York. The Espionage Act, for example, criminalizes sharing information with foreign governments
Democrats, who do not have control of Congress, clamored for probes into Flynn, and asked how much Trump knew about his connections to Russia.
U.S. Senate Democratic leader Chuck Schumer called for an investigation of potential criminal violations surrounding the resignation of Flynn and said senior Trump administration officials should face tough questions.
“What I am calling for is an independent investigation with executive authority to pursue potential criminal actions,” Schumer told reporters, saying such a probe could not be led by U.S. Attorney General Jeff Sessions or White House lawyers.
U.S. Rep. Chellie Pingree, a Democrat from Maine’s 1st District, cited Flynn’s resignation in renewing calls for creation of an independent bipartisan commission to investigate Trump’s pre-inauguration dealings with Russia. She is a co-sponsor of legislation calling for a probe into whether those communications compromised national security.
Two leading Republicans in the Senate, Bob Corker and John Cornyn, said the intelligence committee should investigate Flynn’s contacts with Russia.
But the highest-ranking Republican in Congress, House Speaker Paul Ryan, sidestepped questions about whether lawmakers should look into Flynn’s Russia ties, adding that he would leave it to the Trump administration to explain the circumstances behind Flynn’s departure.
A broader investigation of the White House and its ties to Russia is not possible without the cooperation either of the Justice Department or the Republican-led Congress.
“Nothing is going to happen without some Republicans moving,” professor Kent said.
Russia’s aggression in Ukraine and Syria and Republican congressional opposition to removing sanctions on Russia make any White House attempt to embrace Putin problematic.
Sen. John McCain, a leading Republican voice on foreign relations, said Flynn’s resignation raised questions about the administration’s intentions toward Putin’s Russia.