On April 25, the Department of Defense informed Congress that retired Lieutenant General and former National Security Adviser Michael Flynn failed to seek approval prior to accepting payments from foreign agents, as required by law. General Flynn’s responsibilities as a senior officer within the intelligence community placed him in a position of great trust, which he blatantly violated. I invite you to join me in sending a letter to the Acting Secretary of the Army, Robert Speer, urging him to hold General Flynn fully accountable in accordance with Army Regulations, which would include a forfeiture of retirement pay in an amount equal to the compensation received from the foreign governments.
To sign on, please contact Jason Hamm at Jason.firstname.lastname@example.org or 5-3531. Deadline is COB Friday, April 28.
Dear Acting Secretary Speer:
The Department of Defense has notified the House Committee on Oversight and Government Reform that there is no evidence that retired Lieutenant General Michael Flynn sought permission from the Department of the Army and the Department of State prior to accepting payments from foreign agents, as required under section 509 of Public Law 95-105.
The agents in question include Russia Today, which is known to the United States intelligence community as a state-funded propaganda network operating on behalf of the Kremlin. As a senior leader in the U.S. intelligence community, General Flynn would have been well aware of these connections. General Flynn also lobbied on behalf of the Government of Turkey without registering as a foreign agent, as required by law. General Flynn is reported to have received $45,000 from Russia Today and $530,000 for work in support of the Turkish Government.
Oversight Committee Chairman Jason Chaffetz said in response to DoD’s notification, “As a former military officer, you simply cannot take money from Russia, Turkey or anybody else. And it appears as if he did take that money. It was inappropriate. And there are repercussions for the violation of law.” While the Committee is continuing its investigation into General Flynn’s conduct, it is already apparent that by not seeking prior approval for these payments, General Flynn clearly violated Army Regulation 600-291, “Foreign Government Employment,” which implements Public Law 95-105. The penalty for such violation is excerpted below:
“Any member, subject to the provisions of this regulation, who accepts civil employment with a foreign government without required approval as specified in this regulation, is subject to having retired pay withheld in an amount equal to the amount of compensation received from the foreign government (Department of Defense Financial Management Regulation 7000.14–R (DOD 7000.14–R)). Compensation includes salary, free transportation, household goods shipments at employer’s expense, housing allowances, and gifts. This withholding is in addition to any other penalty that may be imposed under law or regulation.”
We are writing to urge you to enforce this Army Regulation to the fullest extent. General Flynn’s responsibilities as a senior officer within the intelligence community placed him in a position of great trust, which he blatantly violated. We would also appreciate your views on whether General Flynn might be subject to prosecution under the Uniform Code of Military Justice for omitting information regarding his foreign employment when he submitted his Questionnaire for National Security Positions (Standard Form 86) in January 2016.
Thank you for your attention to this matter.