• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia

Trendingnow

1

College-educated women are snapping up the highest-earning men without college degrees, leaving the rest further behind

2

An 11-year-old is cleaning his neighbors' trash cans for $10 each—he now has 100K followers as teens face the worst summer job market since 1948

3

The millennial generation is split in 2: an older crowd with boomer-style comfort, a younger set going 'back to the early 1900s'

1

College-educated women are snapping up the highest-earning men without college degrees, leaving the rest further behind

2

An 11-year-old is cleaning his neighbors' trash cans for $10 each—he now has 100K followers as teens face the worst summer job market since 1948

3

The millennial generation is split in 2: an older crowd with boomer-style comfort, a younger set going 'back to the early 1900s'
Commentary

Former FBI Agent: Liberals, Relax. Flynn’s Guilty Plea Isn’t the Next Watergate.

By
James A. Gagliano
James A. Gagliano
and
Bethany Cianciolo
Bethany Cianciolo
Down Arrow Button Icon
By
James A. Gagliano
James A. Gagliano
and
Bethany Cianciolo
Bethany Cianciolo
Down Arrow Button Icon
December 1, 2017, 4:25 PM ET
Add Fortune on Google for similar content.

This morning’s news that the Trump administration’s former national security advisor Michael T. Flynn had agreed to plead guilty to one count of making a false statement, in the form of lying to the FBI, was not wholly unexpected.

The attendant media maelstrom that followed wasn’t much of a surprise either. We have long endured the breathless anticipation and dire predictions about the likely demise of those in Donald Trump’s inner circle as a means to assuage hurt feelings in the wake of Hillary Clinton’s shocking defeat in November of 2016.

Flynn’s guilty plea and reported cooperation with investigators is seen to be the penultimate act in the story of Russia, Russia, Russia. The final act would certainly, in liberal dreams across the nation, result in the president being led out of the Oval Office in handcuffs.

Not so fast.

The criminal information—which is a formal criminal charge that initiates a criminal proceeding in court—was filed in the United States District Court for the District of Columbia. The charges are related to two conversations that Flynn had with Russian Ambassador Sergey Kislyak during the president-elect’s transition period. It must be presumed that these conversations were conducted at the direction of the president-elect. There is nothing illegal or irregular about contacts with foreign governments during this timeframe. All incoming administrations are expected to begin to forge relationships in the international arena as feasible.

And yet, the “sins” that the general has been accused of, and subsequently pled guilty to, are more than mere peccadilloes. Flynn was charged with willingly and knowingly making false, fictitious, and fraudulent statements and representations to FBI agents. This a serious charge. Over the course of a quarter-century career in the FBI, I saw charges like this applied cautiously and only in circumstances where evidence was abundant and “intent” was easily provable.

He also lied to the vice president-elect about the sum and substance of his conversations with Kislyak. That helped earn him dismissal from the administration.

He then lied to the FBI. And that brings us to today’s plea deal.

If one of the conversation’s topics was the easing of Obama administration sanctions against the Russians for meddling in the 2016 election, this would certainly be imprudent and tawdry. But Flynn wasn’t charged with that—only with lying to the FBI about the conversation details.

The guilty plea goes beyond the money laundering conspiracy charges brought against former Trump campaign manager Paul J. Manafort, Jr. and his business associate, Rick Gates, and the plea deal struck with former Trump policy advisor George Papadopoulos, who like Flynn, was also charged with making false statements.

But is it the “smoking gun” so many have pronounced it to be?

In a word, no.

Will it buttress the argument that some of Trump’s associates are less than forthright, unscrupulous in their business dealings, and may have engaged in the practice of obstruction of justice?

Yes.

But will it ultimately lead back to the Oval Office—or the corner penthouse office at Trump Tower? And will it prove that the president knew of inappropriate contact between his transition team and the Kremlin and consciously conspired to cover it up in vibrant shades of Watergate?

If recent history be our guide, I will submit that, in all probability, it will not. That will fortify many on the right and deeply disappoint members of the #Resistance. But we have learned time and again during recent months that if something is leak-worthy in D.C., it will leak.

Sadly, much of the information related to the investigation has been leaked from the FBI, and its parent organization, the Department of Justice (DOJ). Former FBI director James B. Comey, Jr., himself, testified to the Senate Intelligence Committee back in June that he had orchestrated a leak of an FBI document to The New York Times.

While damning details about Flynn, Manafort, Carter Page, Donald Trump, Jr., Jared Kushner, et al have been leaked to the media, Trump, strangely, has appeared somewhat immune from the incriminating leaks.

If the special prosecution team had the goods, it is my belief that we would have been exposed to them by now. No matter how airtight Special Counsel head Robert Mueller is reputed to keep his investigations, too many details have been made available in the public domain. And no matter what side of the partisan divide you come down along, what lies in the balance is simply too important to both tribes.

Even if Flynn’s apparent cooperation with the Mueller team set up today’s guilty plea, let’s attempt to distill what, if anything, Flynn might have on the president. Being directed by a president-elect to speak with foreign agents like the Russian ambassador is certainly within any national security advisor’s scope of employment.

So, is it possible to foresee Trump charged with a violation of the Logan Act, a law drafted in 1799 that forbids private citizens from conferring with foreign governments that have a dispute with the United States? Possible, but highly unlikely.

 

To do so would set a very dangerous precedent and foist potential exposure upon recent administrations, as well.

Trump, for his part, has been very sanguine about the proceedings, even sharing with close associates that he believes the investigation will conclude by year’s end.

While reading tea leaves related to special prosecutor investigations is a fool’s errand, I will submit that I tend to think we’re closer to the investigation’s culmination than some would hope.

And, we might just have witnessed the largest fish to be ensnared in this most riveting political fishing expedition.

James A. Gagliano, a retired FBI Supervisory Special Agent, is a professor at St. John’s University and serves as a CNN Law Enforcement Analyst.

About the Authors
By James A. Gagliano
See full bioRight Arrow Button Icon
By Bethany Cianciolo
See full bioRight Arrow Button Icon
Add Fortune on Google for similar content.

Latest in Commentary

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025

Most Popular

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • World's Most Admired Companies
  • See All Rankings
  • Lists Calendar
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • TikTok icon
  • YouTube icon

Latest in Commentary

trump
CommentaryMarkets
In the Age of Big Players, $100,000 buys you a head start on Trump’s mood
By Steve H. Hanke and Roger KopplJuly 27, 2026
8 hours ago
Europe has an electrification target. Here’s how it can become a competitive advantage
Commentaryclean energy
Europe has an electrification target. Here’s how it can become a competitive advantage
By Andreas SchierenbeckJuly 27, 2026
8 hours ago
raikes
CommentaryMicrosoft
Jeff Raikes: The talent debt I warned about is now showing up in the data
By Jeff RaikesJuly 26, 2026
1 day ago
beatles
CommentaryLeadership
George Martin never out-wrote the Beatles. That’s exactly why he’s the AI leadership lesson we need now
By Jeff DeGraffJuly 26, 2026
1 day ago
students
CommentaryEducation
I’ve been teaching college students for decades. Most of them can no longer finish a book
By Austin SaratJuly 26, 2026
1 day ago
katty
CommentaryLeadership
Katty Kay: confidence is the skill that turns thoughts into action—and companies need to start teaching it
By Katty KayJuly 26, 2026
1 day ago

Most Popular

College-educated women are snapping up the highest-earning men without college degrees, leaving the rest further behind
Economy
College-educated women are snapping up the highest-earning men without college degrees, leaving the rest further behind
By Mia OsmonbekovJuly 26, 2026
1 day ago
An 11-year-old is cleaning his neighbors' trash cans for $10 each—he now has 100K followers as teens face the worst summer job market since 1948
Success
An 11-year-old is cleaning his neighbors' trash cans for $10 each—he now has 100K followers as teens face the worst summer job market since 1948
By Orianna Rosa RoyleJuly 25, 2026
2 days ago
The millennial generation is split in 2: an older crowd with boomer-style comfort, a younger set going 'back to the early 1900s'
Real Estate
The millennial generation is split in 2: an older crowd with boomer-style comfort, a younger set going 'back to the early 1900s'
By Nick LichtenbergJuly 25, 2026
2 days ago
New York City women are making up to $30,000 per month by renting out their closets to strangers
Retail
New York City women are making up to $30,000 per month by renting out their closets to strangers
By Sarah GlodekJuly 27, 2026
13 hours ago
I've been teaching college students for decades. Most of them can no longer finish a book
Commentary
I've been teaching college students for decades. Most of them can no longer finish a book
By Austin SaratJuly 26, 2026
1 day ago
The Pete behind Jersey Mike’s was only 17 years old when he borrowed $125,000 to buy the chain—with some help from his high school football coach
Success
The Pete behind Jersey Mike’s was only 17 years old when he borrowed $125,000 to buy the chain—with some help from his high school football coach
By Marco Quiroz-GutierrezJuly 26, 2026
2 days ago

© 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.