Politics & Government

Watch Replay: Sally Yates Testifies That Michael Flynn Was Vulnerable To Russian Blackmail

"You don't want your national security advisor compromised with the Russians," Yates said.

WASHINGTON, DC — Former Acting Attorney General Sally Yates testified Monday before the Senate, revealing that she told the White House that former National Security Advisor Michael Flynn was a potential security risk in late January. Flynn was eventually dismissed from his position in mid-February, but according to Yates' testimony, he was vulnerable to blackmail by the Russian government in the meantime.

Yates' testimony was a part of continuing investigations into Russian interference in the 2016 presidential election and potential collusion with the Trump campaign. She testified alongside former Director of National Intelligence James Clapper. (For more information on this and other political stories, subscribe to the White House Patch for daily newsletters and breaking news alerts.)

During her testimony, Yates revealed that she brought her concerns about Flynn to White House Counsel Donald McGahn first on Jan. 26. Yates told McGahn that some of the White House's public comments about the call between Flynn and the Russian ambassador were untrue, and she was worried that this apparent concealment could make Flynn vulnerable to Russian blackmail.

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"You don't want your national security advisor compromised with the Russians," Yates said.

She said that McGahn asked if Flynn should be fired, and she said that that question was not up to her.

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Rep. Adam Schiff, a California Republican, noted on Twitter that there was a long gap between the time Yates presented her concerns to the White House and the time Flynn was fired:

Yates also said that the FBI had interviewed Flynn as a part of a continuing investigation. She would not comment, however, on how that investigation went. She noted, however, that if he lied during the investigation, Flynn could be potentially subject to arrest and imprisonment.

Asked by Sen. Lindsey Graham, a South Carolina Republican, whether there was evidence that the Trump campaign colluded with the Russians to use cyberattacks to influence the election, she said that she could not answer that question without revealing classified information. She added that this was the same answer FBI Director James Comey gave, and that it shouldn't be interpreted as a "yes."

Yates, an appointee of President Obama, was publicly fired by Trump just weeks into his presidency when she refused to defend his immigration ban in court. Her reappearance on the national stage is likely an unwelcome occurrence by the White House, as it has largely avoided questions about the Russia investigation in recent weeks, but officially, the administration has said it's happy to have her testify.

Sen. John Cornyn, a Texas Republican, took the hearing as an opportunity to ask Yates about her decision not to defend the ban. Cornyn implied that it was inappropriate for Yates to refuse to do so because she disagreed with the president's policy. But Yates insisted that, in her judgment, the executive order that instated the ban was unconstitutional and therefore unlawful.

She noted that in her confirmation hearing, she promised not to defend actions that she believed were unconstitutional. She also said that though she met with White House counsel on the same day that the immigration ban executive order was released, she did not find out about the order until it was publicized.

Sen. Ted Cruz, another Texas Republican, pressed the issue again, insisting that existing statute protected the president's executive order. But Yates replied that it was the constitution, in her reading, that rendered the order unlawful.

In his opening statement, Clapper noted that his testimony is limited by some constraints of executive privilege, as requested by the White House. He reiterated the conclusions of the intelligence community previously released, that the Russian government intentionally hacked and leaked documents from Democratic Party officials with the intention of harming Hillary Clinton's chances of becoming president, and to boost Donald Trump's chances.

Clapper said, as he has previously stated, that he had no evidence of collusion between the Trump campaign and the Russians. However, he said that the FBI might have kept this information secret, if it existed, as a part of its law enforcement activities (as distinguished from it intelligence work). Comey has confirmed that the FBI has an investigation into the potential collusion.

He also detailed the process known as "unmasking," the unveiling of the concealed names of Americans that are ascertained incidentally in the process of surveilling foreign individuals. He noted that this is a routine process that, to the best of his knowledge, has never been used to target individuals. The process of unmasking is very different from leaking, he noted, which involves illegally distributing classified information publicly.

Clapper confirmed that he has, at some point, requested the unmasking of an associate of Trump and a congress member, though he would not give further details.

As Comey said last week in congressional testimony, Clapper said he believes that Russia continues to pose an espionage threat to the United States. He confirmed that congressional data is a target of the Russian intelligence, and the Kremlin is likely to try to influence the 2020 presidential election as well.

"If there has ever been a clarion call for vigilance and action against a threat to the very foundation of our democratic political system, this episode is it,” Clapper said.

Before the hearings, Trump tweeted, "Ask Sally Yates, under oath, if she knows how classified information got into the newspapers soon after she explained it to W.H. Counsel."

Comey and Yates both said they have never leaked classified information to the press. They also said they never directed any subordinates to leak information.

Several Democrats throughout the hearing called for a special prosecutor or an independent commission to examine Russian espionage and potential collusion with the Trump campaign.

NBC's Peter Alexander reported Monday morning that Obama warned Trump during the transition not to hire Flynn. This is significant because the White House has defended its decision to hire the retired general by pointing to the fact that he received a security clearance under the former president. Since Flynn, who was hired despite the alleged warning, has since been required to register as a foreign agent, many may question the quality of the Trump administration's vetting procedures.

During his Monday briefing, White House Press Secretary Sean Spicer responded to the report of Obama's warning, confirming that Obama had expressed his concerns. However, Spicer downplayed the significance of these comments, given Flynn's public criticism of Obama. He said that if Obama really was concerned about Flynn, he could have revoked the former general's security clearance.

Watch a replay of the proceedings here.

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