5. McGahn has a Follow-Up Meeting About Flynn with Yates; President Trump has Dinner with FBI Director Comey The next day, January 27, 2017, McGahn and Eisenberg discussed the results of Eisenberg’s initial legal research into Flynn’s conduct, and specifically whether Flynn may have violated the Espionage Act, the Logan Act, or 18 160 U.S.C. § 1001. Based on his preliminary research, Eisenberg informed McGahn that there was a possibility that Flynn had violated 18 U.S.C. § 1001 161 and the Logan Act. Eisenberg noted that the United States had never successfully prosecuted an individual under the Logan Act and that Flynn could have possible defenses, and told McGahn that he believed it was unlikely that a 162 prosecutor would pursue a Logan Act charge under the circumstances. That same morning, McGahn asked Yates to return to the White House to 163 discuss Flynn again. In that second meeting, McGahn expressed doubts that the Department of Justice would bring a Logan Act prosecution against Flynn, but stated that the White House did not want to take action that would interfere 164 with an ongoing FBI investigation of Flynn. Yates responded that Department of Justice had notified the White House so that it could take action 165 in response to the information provided. McGahn ended the meeting by asking Yates for access to the underlying information the Department of Justice 166 possessed pertaining to Flynn’s discussions with Kislyak. Also on January 27, the President called FBI Director Comey and invited 167 him to dinner that evening. Priebus recalled that before the dinner, he told the President something like, “don’t talk about Russia, whatever you do,” and the 168 President promised he would not talk about Russia at the dinner. McGahn had previously advised the President that he should not communicate directly with the Department of Justice to avoid the perception or reality of political 169 interference in law enforcement. When Bannon learned about the President’s planned dinner with Comey, he suggested that he or Priebus also attend, but the 170 President stated that he wanted to dine with Comey alone. Comey said that when he arrived for the dinner that evening, he was surprised and concerned to 171 see that no one else had been invited.