Either Trump is lying to Dowd or Dowd is lying to America. Dowd knows that the conflict between Trump and Flynn relates to Bribery, which was outside the scope of Mueller's investigation—certainly Dowd thought so—and also with respect to counterintelligence issues and Perjury.
1/ The Mueller Report says Trump was worried about what Flynn told the feds. The Mueller Report tells us Trump knew Flynn had "met" with Russians and Trump knew on which dates. Flynn says he spoke to Kislyak pre-election *in 2016* face-to-face—every reason to think Trump knew.
2/ Flynn knew Broidy, Nader, Barrack and others were secretly lobbying Trump on the Saudi nuclear deal, because he was doing so, too. Flynn had done things that gave the lie to things Trump said on the campaign—which is why Trump was (a) open to blackmail, and (b) angry at Flynn.
3/ It's possible that Trump never told Dowd *anything* about *anything*, and that Dowd therefore had no reason to know Flynn and Trump's legal interests (statutorily and counterintelligence-wise) were divergent. Certainly in his call to Flynn's counsel, he acts like doesn't know.
4/ But folks must understand how *bizarre* a call like that is. Dowd is saying, "I don't think Flynn knows anything to implicate Trump, so you should secretly join a joint defense agreement and Trump will pardon him. But on the other hand, maybe he *totally* can implicate Trump?"
5/ That's why the call shouldn't have happened. EITHER you call Flynn's counsel and say "I *know* there's no divergence in Trump and Flynn's legal interests, so I want you to publicly be in a joint defense agreement" OR you think Flynn has damaging info and *don't make the call*.
PS/ Flynn's conflict also relates to Aiding/Abetting. Remember, Flynn/Christie were with Trump at the August 17, 2016 classified briefing; all 3 men *shared* the legal burdens created by that briefing (i.e., not to induce further crimes). Flynn *and* Trump violated those duties.
You can follow @SethAbramson.
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