Mike Flynn and Jared Kushner Had Remarkable Success at Avoiding the CIA Asset

About ten days ago, my mom died, two months after a health setback that we thought she was on the rebound from. As you can imagine, I have been and will be focused on that for another ten days or so. While I’ve been watching the imminent “FISA Abuse” IG Report (which I was working closely on before and in the days after mom’s death), the Russian defector, and the DNI whistleblower dispute closely, I haven’t had time to do deep dives. (I plan to write a post about mom, soon, but I’m not ready yet.)

I’d like to make a small point about the story of the Russian defector, Oleg Smolenkov. There seems to be a fierce contest going on — as Trump permits Bill Barr to declassify information to embarrass his opponents — to pitch Smolenkov as one or another thing.

One thing that’s not contested, though, is that he was close to Yuri Ushakov, a key foreign policy advisor to Putin. And that’s interesting for the way Ushakov figures in the Mueller Report. Both Jared Kushner and Mike Flynn got told, by two different people, that Ushakov, and not Sergey Kislyak, was the guy they should liaise with on important issues.

On November 16, 2016, Catherine Vargas, an executive assistant to Kushner, received a request for a meeting with Russian Ambassador Sergey Kislyak. 1128 That same day, Vargas sent Kushner an email with the subject, “MISSED CALL: Russian Ambassador to the US, Sergey Ivanovich Kislyak …. ” 1129 The text of the email read, “RE: setting up a time to meet w/you on 12/1. LMK how to proceed.” Kushner responded in relevant part, “I think I do this one — confirm with Dimitri [Simes of CNI] that this is the right guy .” 1130 After reaching out to a colleague of Simes at CNI, Vargas reported back to Kushner that Kislyak was “the best go-to guy for routine matters in the US,” while Yuri Ushakov, a Russian foreign policy advisor, was the contact for “more direct/substantial matters.” 11 31

Bob Foresman, the UBS investment bank executive who had previously tried to transmit to candidate Trump an invitation to speak at an economic forum in Russia, see Volume I, Section IV.A.l.d.ii, supra, may have provided similar information to the Transition Team. According to Foresman, at the end of an early December 2016 meeting with incoming National Security Advisor Michael Flynn and his designated deputy (K.T. McFarland) in New York, Flynn asked Foresman for his thoughts on Kislyak. Foresman had not met Kislyak but told Flynn that, while Kislyak was an important person, Kislyak did not have a direct line to Putin. 1132 Foresman subsequently traveled to Moscow, inquired of a source he believed to be close to Putin, and heard back from that source that Ushakov would be the official channel for the incoming U.S. national security advisor. 1133 Foresman acknowledged that Flynn had not asked him to undertake that inquiry in Russia but told the Office that he nonetheless felt obligated to report the information back to Flynn, and that he worked to get a face-to-face meeting with Flynn in January 2017 so that he could do so.1134 Email correspondence suggests that the meeting ultimately went forward, 1135 but Flynn has no recollection of it or of the earlier December meeting.1136 (The investigation did not identify evidence of Flynn or Kushner meeting with Ushakov after being given his name. 1137)

In the meantime, although he had already formed the impression that Kislyak was not necessarily the right point of contact, 1138 Kushner went forward with the meeting that Kislyak had requested on November 16. It took place at Trump Tower on November 30, 2016. 1139 At Kushner’ s invitation, Flynn also attended; Bannon was invited but did not attend.1140 During the meeting, which lasted approximately 30 minutes, Kushner expressed a desire on the part of the incoming Administration to start afresh with U.S.-Russian relations. 1141 Kushner also asked Kislyak to identify the best person (whether Kislyak or someone else) with whom to direct future discussions-someone who had contact with Putin and the ability to speak for him. 1142

The three men also discussed U.S. policy toward Syria, and Kislyak floated the idea of having Russian generals brief the Transition Team on the topic using a secure communications line. 1143 After Flynn explained that there was no secure line in the Transition Team offices, Kushner asked Kislyak if they could communicate using secure facilities at the Russian Embassy. 1144 Kislyak quickly rejected that idea. 1145

In spite of being told to contact Ushakov twice, neither did that. They continued to communicate via Sergey Kisylak.

While it’s true that NSA was collecting Kislyak’s comms — and therefore discovered Trump’s efforts to undermine official US policy after the fact — because Kushner and Flynn did not (apparently) communicate with Ushakov, they did not alert CIA in real time.

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58 replies
  1. rosalind says:

    aw, so sorry to hear of your mother’s passing, marcy. no matter when it happens, the finality is so disorienting. take all the time you and yours need.

  2. MattyG says:

    Awfully sorry to hear about your mom’s passing – to courage and the fondest memories going forward. And thanks for this timely “Volume 1” update.

  3. Eureka says:

    Deep sympathy for you and yours. I’m sorry.

    We’ll be here and appreciate whatever you have to say whenever you choose to write it. Take your time.

    Thanks for the Kushner/Flynn angle.

  4. Frank Probst says:

    My deepest condolences. Please make sure to take enough time to grieve and enough time to take care of yourself before doing any deep dives. And between deep dives. Grief can sometimes knock you off of your feet even after you think you’ve gotten the worst of it, and it’s important to take care of yourself when that happens. Sadly, our dystopian hellscape will almost certainly still be here when you’re ready to fully return to it. :(

  5. Valley girl says:

    Marcy, my deep condolences. And, as others have said, take your own time for yourself, and others in your life.

  6. CL says:

    Dear Marcy, as a longtime reader and former commenter I wanted to say I am very sorry for your loss. You have my deepest sympathies during.

  7. Savage Librarian says:

    Marcy, I am so sorry for your loss. Past, present, and future get so tangled up in times of grief that it can be extremely difficult to find voice. My heart wishes you and yours a path to peace.

  8. Ruthie says:

    A reminder that, appearances to the contrary, you are very human. I hope you have the support you need to process your grief.

  9. DAT says:

    Hard news Marcy. Please excuse me referencing my own recent bereavement and saying this sadness is yours, to process in a way you find suitable, on a schedule of your choosing. Don’t write another word before the time is right.

  10. viget says:

    That must be tough, Marcy. I will keep your mom and your family in my thoughts. Be well, you are a national treasure.

  11. klynn says:

    Marcy,
    I am so sorry for the loss of your mom. May you be surrounded in care, support and comfort.

    I am extremely thankful for the gift she shared with the world…you.

  12. PeteT says:

    An experience no one should have but everyone does. All the best to you and your family.

    My Mother

    Who sat and watched my infant head
    When sleeping on my cradle bed,
    And tears of sweet affection shed?
    My Mother.

    When pain and sickness made me cry,
    Who gazed upon my heavy eye,
    And wept for fear that I should die?
    My Mother.

    Who taught my infant lips to pray
    And love God’s holy book and day,
    And walk in wisdom’s pleasant way?
    My Mother.

    And can I ever cease to be
    Affectionate and kind to thee,
    Who wast so very kind to me,
    My Mother?

    Ah, no! the thought I cannot bear,
    And if God please my life to spare
    I hope I shall reward they care,
    My Mother.

    When thou art feeble, old and grey,
    My healthy arm shall be thy stay,
    And I will soothe thy pains away,
    My Mother.

    –Ann Taylor

  13. orionATL says:

    i am sorry for your loss, emptywheel. i hope the mutual understanding you gained over the past decade on your walk together to this point of final departure will be a comfort.

    orion

  14. Peterr says:

    Re the main post . . .

    Foresman acknowledged that Flynn had not asked him to undertake that inquiry in Russia but told the Office that he nonetheless felt obligated to report the information back to Flynn, and that he worked to get a face-to-face meeting with Flynn in January 2017 so that he could do so.1134 Email correspondence suggests that the meeting ultimately went forward, 1135 but Flynn has no recollection of it or of the earlier December meeting.1136

    I call BS on Flynn, as his memory lapse does not pass the sniff test. You ask your friend what you think is a casual question, and he — on his own — goes off and says ‘I chatted with a wellplaced friend in Moscow, and you should use Ushakov as your official channel of communications.” This is such an escalation that there’s no way Flynn doesn’t remember this. He might have been pleased for the connection, or he might might have been absolutely pissed at Foresman for setting this up unilaterally. Either way, there’s no way Flynn doesn’t recall this.

    In spite of being told to contact Ushakov twice, neither did that. They continued to communicate via Sergey Kisylak.

    I wouldn’t be too quick to say this. Yes, they kept talking to Kisylak, but that may simply be that he was more easily accessible (i.e., in DC/NY), especially for Kushner.

    While it’s true that NSA was collecting Kislyak’s comms — and therefore discovered Trump’s efforts to undermine official US policy after the fact — because Kushner and Flynn did not (apparently) communicate with Ushakov, they did not alert CIA in real time.

    I like your parenthetical “apparently”.I think it is more likely that they did meet than that they didn’t. Mueller’s phrasing is certainly open to this possibility: “(The investigation did not identify evidence of Flynn or Kushner meeting with Ushakov after being given his name. 1137)” If a meeting did take place, the lack of evidence is perhaps because Ushakov used much better tradecraft, including the use of cutouts to communicate. If Ushakov is indeed closer to Putin, I’d say that suggests that his tradecraft is very very good in general.

  15. prostratedragon says:

    My condolences on this sad occasion, Marcy.

    Do what seems natural if you can. When my father died several years ago I found I had nothing much to say, anywhere, for a while.

  16. Mary Beth says:

    I am sure that your mom knows how much you love her and is proud of the work you do. Take care of yourself, and be especially aware while you are driving. Sometimes grief makes one careless and lacking in focus. Much aloha to you and your family during this time, and all the time.

  17. Rugger9 says:

    My condolences as well, and you will meet again in due time and I would expect she will remain proud of your work. As a practical matter it does not hurt to have extra copies of the death certificate to deal with the pecksniffs who will demand originals without a real reason to do so. My funeral home gave out five for free, I get ten more and I have two left.

    Transitions like this also bring out the worst in people, as they jostle for attention and money, so you have my sympathies. Even ones who have bulletproof trust docs will get challenges from someone who wanted more or wanted to get even. We’ve got your back here.

    With that said, this revelation makes me wonder about the Mother Jones report regarding the blowing off of Schiff’s demand for whistleblower report that according to black-letter law could not be withheld. I had been guessing it’s about the clearances, but a report like this and the timing of the rejection by the acting DNI is too coincidental to be accidental.

  18. Americana says:

    So sorry for the loss of your mother. It’s very tough to lose them after you’ve thought they’d successfully beaten a health issue. One feels robbed when that happens.

  19. dwfreeman says:

    Sorry to hear of your mother’s passing. There is no need to explain your work motivation at this time. We can all understand and appreciate your grieving process. Having lost my mother just after Christmas three years ago, I can sympathize with all your feelings in a period of graceful rememberance and loss. Losing a family anchor is difficult no matter what the circumstance. May you be and stay well as you work your way through it.

  20. readerOfTeaLeaves says:

    EW, your work has meant so much through my own Dark Times, that to hear you are now being visited by ‘a crowd of sorrows’ in your own Guest House prompts me to send kindest thoughts your way in days ahead.

    Your mother’s Guest House, her humanity, were immense. What a legacy she left in this world.

    Your time is YOUR time. When you are able to share it with us again, we’ll be grateful.

    —————————————-
    This being human is a guest house.
    Every morning a new arrival.
    A joy, a depression, a meanness,
    some momentary awareness comes
    as an unexpected visitor.
    Welcome and entertain them all!
    Even if they are a crowd of sorrows,
    who violently sweep your house
    empty of its furniture,
    still, treat each guest honorably.
    He may be clearing you out
    for some new delight.
    The dark thought, the shame, the malice.
    meet them at the door laughing and invite them in.
    Be grateful for whatever comes.
    because each has been sent
    as a guide from beyond.
    — Rumi

  21. errant aesthete says:

    “Grief turns out to be a place none of us know until we reach it.”

    —Joan Didion, “The Year of Magical Thinking.”

    I am profoundly sorry. Find solace where you can, peace where it leads, and comfort in knowing this creation you birthed will be here when you’re ready.

  22. oldoilfieldhand says:

    Marcy,
    Sad news! Mere words cannot express the profound sadness and the devastating loss of one the people who brought you into the world, guided you through the pitfalls early in life and provided a North Star for the course of your development. Our deepest condolences to you and your family. We are grateful for the influence of your mom upon the person we all cherish.

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