Yates failed to provide McGahn with the FBI’s evidence on Flynn. From that point, the pressure on Flynn and the Trump administration escalated—with help from media reporting.
Flynn resigned on Feb. 13, after it was reported that he had misled Pence about phone conversations he’d had with Kislyak.
The following day, The New York Times reported that “phone records and intercepted calls show that members of Donald J. Trump’s 2016 presidential campaign and other Trump associates had repeated contacts with senior Russian intelligence officials in the year before the election, according to four current and former American officials.”
With Flynn gone and the Russian narrative firmly established, the conspirators then turned their attention to Trump’s newly confirmed attorney general, Jeff Sessions. On March 1, 2017, The Washington Post reported that Sessions had twice had contact with the Russian ambassador, Kislyak. The following day, March 2, Sessions recused himself from the Russia investigation.
On the same day that Sessions recused himself, Evelyn Farkas, a former deputy assistant secretary of defense, detailed efforts at hampering the newly installed Trump administration, during a March 2, 2017, interview with MSNBC, in which she described how the Obama administration gathered and disseminated intelligence on the Trump team:
“I was urging my former colleagues and, frankly speaking, the people on the Hill … ‘Get as much information as you can. Get as much intelligence as you can before President Obama leaves the administration.’
“The Trump folks, if they found out how we knew what we knew about the Trump staff’s dealing with Russians, [they] would try to compromise those sources and methods,
The concern they reportedly discussed was that Flynn might have misled Trump administration officials regarding the nature of his call with Kislyak.
Yates, Clapper, and Brennan supported informing the Trump administration of their concerns. Comey took a dissenting view. On Jan 23, Yates again pressured Comey, telling the FBI director that she believed Flynn could be vulnerable to blackmail. At this point, according to media reports, Comey relented, despite the FBI finding nothing unlawful in the content of Flynn’s calls.
Strzok and Pientka, at the instruction of McCabe, interviewed Flynn the following day. According to court documents, McCabe and other FBI officials “decided the agents would not warn Flynn that it was a crime to lie during an FBI interview because they wanted Flynn to be relaxed.” It was during this interview that Flynn reportedly lied to the FBI.
The DOJ was provided with a detailed briefing of the Flynn interview on the following day. On Jan. 26, Yates contacted White House counsel Don McGahn, who agreed to meet to discuss the matter. Yates arrived at McGahn’s office, bringing Mary McCord, John Carlin’s acting replacement as head of the DOJ’s National Security Division.
Yates later testified before Congress that the meeting surrounded Flynn’s phone calls and his FBI interview. She also testified that Flynn’s call and subsequent interview “was a topic of a whole lot of discussion in DOJ and with other members of the intel community.” McGahn reportedly asked Yates, “Why does it matter to the DOJ if one White House official lies to another official?”
McGahn called Yates the following day and asked her to return for a second meeting. Yates returned to the White House without McCord. McGahn asked to examine the FBI’s evidence on Flynn. Yates said she would respond by the following Monday.