Former Trump Adviser Pushed Saudi Nuclear-Plant Plan, Report Says

Mike Flynn and others within the White House ignored repeated legal and ethical warnings, according to House report

Former national-security adviser Mike Flynn and others within the White House ignored repeated legal and ethical warnings as they pushed early in President Trump’s tenure a plan to build dozens of nuclear-power reactors in Saudi Arabia, according to a report released Tuesday by the House Committee on Oversight and Government Reform.

The report describes how Mr. Flynn and Derek Harvey, whom Mr. Flynn brought to the National Security Council staff to oversee Middle East affairs, worked closely on the plan with a group of retired U.S. generals and admirals who had formed a private company to promote it.

Despite the warnings from career White House staff—and an order by the NSC’s top lawyer to stand down—the White House officials and their private-sector allies worked to place the idea on Mr. Trump’s agenda during a phone call with Saudi Arabia’s King Salman, and to be discussed during the U.S. president’s May 2017 trip to Riyadh, his first overseas trip as president, the report says.

The Wall Street Journal first reported many of the details of the Saudi plan and Mr. Flynn’s efforts to advance it inside the White House in a series of articles in 2017.

The plan for U.S. companies to build nuclear power plants in Saudi Arabia, part of an ambitious “Middle East Marshall Plan,” was billed by advocates as a way to revive the moribund U.S. nuclear industry, create jobs and reassert American influence in the region.

But one unnamed senior official quoted in the report derided the idea as “a scheme for these generals to make some money.

.. Another key player in the Saudi nuclear effort was Tom Barrack, a Trump ally who chaired his Inaugural Committee. according to the committee’s report.

“Tom Barrack has been thoroughly briefed on this strategy and wants to run it for you. He’s perfect for the job,” Robert “Bud” McFarlane, a one-time adviser to President Reagan who was an adviser to IP3 International, a private firm pitching the nuclear plan, wrote to Mr. Flynn on Jan. 28, 2017.

.. Mr. Flynn’s involvement in the project was controversial because he had worked as a paid adviser to an IP3 subsidiary, Iron Bridge Group Inc., from June to December 2016, while a senior adviser to Mr. Trump’s presidential campaign.

.. On Jan. 30, 2017, the National Security Council’s top lawyer, John Eisenberg, instructed the NSC staff “to cease all work on the plan” because of potential conflicts of interest and other legal concerns, the report says.

Despite that order, and Mr. Flynn’s firing, “officials inside the White House continued to move forward on the IP3 nuclear plan,” the report says. It says that more than five individuals recall Mr. Harvey saying during a meeting on March 2, 2017, that “I speak with Michael Flynn every night.” That was more than two weeks after Mr. Flynn was fired.

Jeff Bezos stands his ground

Much remains mysterious about the Enquirer’s actions, and in particular its connections, if any, with President Trump and the government of Saudi Arabia — a possibility that Bezos alluded to in his blog post. Both the Saudis and Trump are aggrieved at The Post, and Trump wrongly blames Bezos for the newspaper’s accurate but unflattering coverage of him. When the Enquirer’s initial article about Bezos’s extramarital relationship was published, the president gloated in a tweet: “So sorry to hear the news about Jeff Bozo being taken down by a competitor whose reporting, I understand, is far more accurate than the reporting in his lobbyist newspaper, the Amazon Washington Post. Hopefully the paper will soon be placed in better & more responsible hands!”

The president would obviously love to see a sale of The Post to a friendlier owner — perhaps Trump pal David Pecker, the chairman and chief executive of AMI. (One is reminded of autocrats such as Hungary’s Viktor Orban, Russia’s Vladimir Putin, and Turkey’s Recep Tayyip Erdogan, who have benefited from bullying media organizations into submission in their own countries.) The Enquirer was threatening Bezos in order to get him to affirm that its coverage was not “politically motivated or influenced by political forces.” Might the Enquirer have, at a minimum, pursued the story to curry favor with Trump?

.. This is apparently not the first time the publication has been accused of extortionate demands. Other journalists, including Ronan Farrow of the New Yorker, have said they were threatened by the Enquirer’s lawyers while investigating the tabloid’s relationship with Trump. And Bezos wrote that “numerous people have contacted our investigation team about their similar experiences with AMI.” These machinations are now being exposed because of Bezos’s smart and courageous decision to confront the Enquirer rather than give in. “I prefer to stand up, roll this log over, and see what crawls out,

.. I suspect David Pecker will rue the day that his friend Donald Trump became president — if he does not already. And he is not alone.

  • Paul Manafort had a flourishing business as an international influence-peddler before he became Trump’s campaign chairman. He now faces a long stretch in prison after having been convicted of felony financial charges. Trump’s friend
  • Roger Stone has now been indicted for the first time after a long career as a political dirty trickster.
  • Michael Flynn, Trump’s first national security adviser, has gone from well-respected general to felon.
  • Michael Cohen had a cushy career as Trump’s personal lawyer before his client became president. Now Cohen, too, is a felon. Numerous other Trump associates and family members are facing, at a minimum, hefty legal bills and, at worst, serious legal exposure.

Every organization Trump has been associated with — the Trump Organization, the Trump Foundation, the Trump campaign, the Trump administration — is being investigated by prosecutors and lawmakers. His name, long his biggest asset, has become so toxic that bookings are down at his hotels. And Trump, a.k.a. Individual 1, faces a serious threat of prosecution once he leaves office. Before it is all over, Trump himself may regret the day he became president. His unexpected and undeserved ascent is delivering long overdue accountability for him and his sleazy associates. We have gone from logrolling to having logs rolled over — and it’s about time.

The Flynn Fiasco

According to the FBI’s 302 account, “The interviewing agents asked FLYNN if he recalled any conversation with [Russian Ambassador] KISLYAK in which the expulsions were discussed, where FLYNN might have encouraged KISLYAK not to escalate the situation, to keep the Russian response reciprocal, or not to engage in a ‘tit-for-tat.’ FLYNN responded ‘Not really. I don’t remember. It wasn’t “Don’t do anything.” ’” No wonder the interviewing agents, according to an FBI summary, “both had the impression at the time that Flynn was not lying or did not think he was lying.”

 

Checking Robert Mueller

The sentencing judge brings to light dodgy FBI conduct in the Mike Flynn case.

Robert Mueller has operated for 19 months as a law unto himself, reminding us of the awesome and destructive powers of special counsels. About the only possible check on Mr. Mueller is a judge who is wise to the tricks of prosecutors and investigators. Good news: That’s what we got this week.

.. The agents (including the infamous Peter Strzok) showed up within two hours. They had already decided not to inform Mr. Flynn that they had transcripts of his conversations or give him the standard warning against lying to the FBI. They wanted him “relaxed” and “unguarded.” Former Director James Comey this weekend bragged on MSNBC that he would never have “gotten away” with such a move in a more “organized” administration.

.. The whole thing stinks of entrapment, though the curious question was how the Flynn defense team got the details. The court filing refers to a McCabe memo written the day of the 2017 meeting, as well as an FBI summary—known as a 302—of the Flynn interview. These are among documents congressional Republicans have been fighting to obtain for more than a year, only to be stonewalled by the Justice Department. Now we know why the department didn’t want them public.

.. They have come to light thanks to a man who knows well how men like Messrs. Mueller and Comey operate: Judge Sullivan. He sits on the U.S. District Court in the District of Columbia, and as he wrote for the Journal last year, he got a “wake-up call” in 2008 while overseeing the trial of then-Sen. Ted Stevens of Alaska. Judge Sullivan ultimately assigned a lawyer to investigate Justice Department misconduct.
.. The investigator’s report found prosecutors had engaged in deliberate and repeated ethical violations, withholding key evidence from the defense. It also excoriated the FBI for failing to write up 302s and for omitting key facts from those it did write. The head of the FBI was Mr. Mueller.
.. Judge Sullivan has since made it his practice to begin every case with a Brady order, which reminds prosecutors of their constitutional obligation to provide the defense with any exculpatory evidence. On Dec. 12, 2017, days after being assigned the Flynn case, Judge Sullivan issued such an order, instructing Mr. Mueller’s team to turn over “any evidence in its possession that is favorable to defendant and material either to defendant’s guilt or punishment.” Had any other judge drawn the case, we likely would never have seen these details of the FBI’s behavior.

It’s clear that something has concerned the judge—who likely sees obvious parallels to the Stevens case. The media was predicting a quick ruling in the Flynn case. Instead, Judge Sullivan issued new orders Wednesday, demanding to see for himself the McCabe memo and the Flynn 302. He also ordered the special counsel to hand over by Friday any other documents relevant to the Flynn-FBI meeting.

.. Given his history with the FBI, the judge may also have some questions about the curious date on the Flynn 302—Aug. 22, 2017, seven months after the interview. Texts from Mr. Strzok and testimony from Mr. Comey both suggest the 302 was written long before then. Was the 302 edited in the interim? If so, by whom, and at whose direction? FBI officials initially testified to Congress that the agents did not think Mr. Flynn had lied.

Judges have the ability to reject plea deals and require a prosecutor to make a case at trial. The criminal-justice system isn’t only about holding defendants accountable; trials also provide oversight of investigators and their tactics. And judges are not obliged to follow prosecutors’ sentencing recommendations.

No one knows how Judge Sullivan will rule. His reputation is for being no-nonsense, a straight shooter, an advocate of government transparency. Whatever the outcome, he has done the nation a favor by using his Brady order to hold prosecutors to some account and allow the country a glimpse at how federal law enforcement operates. Which is the very least the country can expect.