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 On February 9, 2017, the Washington Post reported that Flynn discussed sanctions with Kislyak the month before the President took office. After the publication of that story, Vice President Pence learned of the Department of Justice's notification to the White House about the content of Flynn's calls. He and other advisors then sought access to and reviewed the underlying information about Flynn's contacts with Kislyak. FBI Deputy Director Andrew McCabe, who provided the White House officials access to the information and was present when they reviewed it, recalled the officials asking him whether Flynn's conduct violated the Logan Act. McCabe responded that he did not know, but the FBI was investigating the matter because it was a possibility. Based on the evidence of Flynn's contacts with Kislyak, McGahn and Priebus concluded that Flynn could not have forgotten the details of the discussions of sanctions and had instead been lying about what he discussed with Kislyak. Flynn had also told White House officials that the FBI had told him that the FBI was closing out its investigation of him, but Eisenberg did not believe him. After reviewing the materials and speaking with Flynn, McGahn and Priebus concluded that Flynn should be terminated and recommended that course of action to the President.

That weekend, Flynn accompanied the President to Mar-a-Lago. Flynn recalled that on February 12, 2017, on the return flight to D.C. on Air Force One, the President asked him whether he had lied to the Vice President. Flynn responded that he may have forgotten details of his calls, but he did not think he lied. The President responded, "Okay. That's fine. I got it."