Lock them up? Flynn is in deep trouble; Kushner may be, as well.

As an Assistant Director in the Department of Justice’s Torts Branch from 1990 until my retirement in 2013, I often dealt with matters involving the Department of Defense, and consequently had a Top Secret security clearance. With all the hubbub concerning Jared Kushner’s apparent omissions from his Form SF 86 (Questionnaire for National Security Position) regarding contacts with the Russian government, I thought I would go back and look at my SF 86 from 2003 to see what questions he had to answer. What I discovered is that the 11 page SF 86 I filled out then is now 121 pages. See this link. Certainly comprehensive.

Mike Flynn certainly appears to be in deep trouble, since Item 20B.2 at p. 72 asks if

You, your spouse, cohabitant, or any member of your immediate family in the past seven (7) years been asked to provide advice or serve as a consultant, even informally, by any foreign government official or agency? (Answer 'No' if all the advice or support was authorized pursuant to official U.S. Government business.)

Of the greatest relevance to Jared Kushner may be Item 20B.6, at p. 78, Foreign Business, Professional Activities and Foreign Government Contacts, which asks:

Have you or any member of your immediate family in the past seven (7) years had any contact with a foreign government, its establishment (such as embassy, consulate, agency, military service, intelligence or security service, etc.) or its representatives, whether inside or outside the U.S.? (Answer 'No' if the contact was for routine visa applications and border crossings related to either official U.S. Government travel or foreign travel on a U.S. passport.)

[If the answer is Yes, then the applicant is required to]

Provide the type of establishment (such as embassy, consulate, agency, military service, intelligence or security service, etc.) involved.

Provide the name of the individual involved in the contact.

Provide the location of the contact.

Was there any subsequent contact initiated by you, your immediate family member, or a representative of the foreign organization?

Provide the purpose of the subsequent contact

Provide date of most recent contact (Month/Day/Year)

Provide plans for future contact

At p. 121, the applicant must certify as follows:

My statements on this form, and on any attachments to it, are true, complete, and correct to the best of my knowledge and belief and are made in good faith. I have carefully read the foregoing instructions to complete this form. I understand that a knowing and willful false statement on this form can be punished by fine or imprisonment or both (18 U.S.C. 1001). I understand that intentionally withholding, misrepresenting, or falsifying information may have a negative effect on my security clearance, employment prospects, or job status, up to and including denial or revocation of my security clearance, or my removal and debarment from Federal service.

Here is what 18 U.S.C 1001 says:

(a)Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully—

(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;

(2) makes any materially false, fictitious, or fraudulent statement or representation; or

(3)makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;

shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both. If the matter relates to an offense under chapter 109A, 109B, 110, or 117, or section 1591, then the term of imprisonment imposed under this section shall be not more than 8 years.

(b) Subsection (a) does not apply to a party to a judicial proceeding, or that party’s counsel, for statements, representations, writings or documents submitted by such party or counsel to a judge or magistrate in that proceeding.

(Source: https://www.law.cornell.edu/uscode/text/18/1001)

By now, I am sure that Special Counsel Mueller has the SF 86s filled out by General Flynn and Mr. Kushner. In light of recent revelations, they will make interesting reading.