Page:Report On The Investigation Into Russian Interference In The 2016 Presidential Election.pdf/248

 under oath in congressional proceedings and in a subsequent interview with investigators subject to penalties for lying under 18 U.S.C. § 1001. Comey's memory of the details of the dinner, including that the President requested loyalty, has remained consistent throughout.


 * 6.

On February 2, 2017, Eisenberg reviewed the underlying information relating to Flynn's calls with Kislyak. Eisenberg recalled that he prepared a memorandum about criminal statutes that could apply to Flynn's conduct, but he did not believe the White House had enough information to make a definitive recommendation to the President. Eisenberg and McGahn discussed that Eisenberg's review of the underlying information confirmed his preliminary conclusion that Flynn was unlikely to be prosecuted for violating the Logan Act. Because White House officials were uncertain what Flynn had told the FBI, however, they could not assess his exposure to prosecution for violating 18 U.S.C. § 1001.

The week of February 6, Flynn had a one-on-one conversation with the President in the Oval Office about the negative media coverage of his contacts with Kislyak, Flynn recalled that the President was upset and asked him for information on the conversations. Flynn listed the specific dates on which he remembered speaking with Kislyak, but the President corrected one of the dates he listed. The President asked Flynn what he and Kislyak discussed and Flynn responded that he might have talked about sanctions.