[John Berman, Cnn Anchor:] President Trump's one-time point man on national security is now simply hoping to get permission to travel to Rhode Island. Asking a judge for basic freedom is part of Michael Flynn's new life as he awaits sentencing in the Russia probe after taking a plea deal. Meanwhile, the president's son-in-law and senior adviser Jared Kushner is not charged with any crime. So he was free to travel to Mar-a-Lago for Christmas. But as we head into 2018, both men remain on Robert Mueller's radar. Tonight, Randi Kaye continues a special series exploring the controversy that surrounds the White House, including the presidential transition.
[Randi Kaye, Cnn Correspondent:] Robert Mueller has his hands on tens of thousands of private e-mails between Trump transition team members. Part of the ongoing criminal investigation into the weeks following the election. Under particular scrutiny, a meeting during the transition on December 1st, 2016, puts Trump's son-in-law Jared Kushner and General Michael Flynn, his soon to be national security adviser, together in a room at Trump Tower with a Russian ambassador who has long been considered a spy. Kushner asked then Russian ambassador Sergey Kislyak about establishing secure lines of communication with Moscow, what some have called a back channel.
[Jared Kushner, Senior Adviser To President Trump:] The record and documents I have voluntarily provided will show that all of my actions were proper and occurred in the normal course of events of a very unique campaign.
[Kaye:] Kushner told a congressional committee that he asked if they had an existing communication channel at his embassy we could use where they would be comfortable transmitting the information they wanted to relay to General Flynn. Later in December, Jared Kushner and another questionable meeting, this time with Russian banker Sergey Gorkov who had ties to Russian President Vladimir Putin. What was discussed remains a mystery. But at the time, Kushner was still CEO of Kushner Companies, which was trying to attract financing for a building project in Manhattan. Still, the White House says there was no discussion at the meeting about Kushner's company or sanctions.
[Lt. Gen. James Clapper , Former Director Of National Intelligence:] My dashboard warning light was clearly on. And I think that was the case with all of us in the intelligence committee.
[Kaye:] In a statement about the Gorkov meeting, Kushner said there were no specific policies discussed. We had no discussion about the sanctions imposed by the Obama administration. At no time was there any discussion about my companies, business transactions, real estate project, loans, banking arrangements or any private business of any kind. Around Christmas in 2016, General Flynn spoke again with Ambassador Kislyak by phone. A call the White House did not acknowledge until a month later, saying Flynn was only offering his condolences after the assassination of Russia's ambassador to Turkey.
[Sean Spicer, Former White House Press Secretary:] On Christmas Day, General Flynn reached out to the ambassador, sent him a text. And it said, you know, I want to wish you and a Merry Christmas and Happy New Year.
[Kaye:] Flynn was fired in early 2017 after misleading the vice- president and others about the substance of phone calls he had with the Russian ambassador. Turns out, Flynn discussed sanctions, a potential violation of federal law. Flynn later wrote this letter of resignation, explaining he'd inadvertently briefed the vice-president and others with incomplete information. Perhaps Robert Mueller will find more answers in all those transition team e-mails now in his possession. Randi Kaye, CNN, New York.
[Berman:] So if you're a Kushner considered it a very unique campaign, how unique was the transition team's behavior? I spoke earlier with Anita McBride, a former chief of staff to then first lady Laura Bush. She also served under the last three Republican presidents. So, Anita, you've served on three different presidential transition teams.
[Anita Mcbride, Served Pres. Reagan, Pres. George H.w. Bush & Pres. G.w. Bush:] Yes.
[Berman:] What's the normal amount of contact between the transition and representatives from other countries?
[Mcbride:] Well, you know, typically the golden rule that applies during presidential transitions is there's one president at any time. And particularly when it does come to relationships with foreign countries or foreign delegations that there is, you know, a procedure or process, you know, that is followed. Now, it's not difficult to imagine and to expect that a presidential candidate or people from their team would encounter a foreign ambassador to this country. I mean they all come to the conventions, both conventions. And so they do hear from representatives of campaigns and later from transitions. But it's in a very general sense. And it's certainly not making decisions or any promises on any future policies.
[Berman:] So the meetings that take place in a transition between representatives of foreign countries and people within that transition, they're supposed to be general, congratulations, hey, how are you doing, not supposed to be making policy?
[Mcbride:] Correct. I mean yes, that's absolutely true. And also, you know, it's well-known what the policy positions are of a candidate. And certainly, foreign countries are following that very closely. The most important thing is they're eager to at least establish a contact, a relationship, just even a meeting face to face. But really the context of the conversations are very general or should be.
[Berman:] And any meetings that get beyond general would have to be run by the current or outgoing administration?
[Mcbride:] Absolutely. I mean there is the rule of thumb honestly now the gold standard for transitions now is the one in 2008 between George W. Bush and Barack Obama. I mean that really set the standard for relationships, conversations between an outgoing administration and an incoming. There always were, obviously, presidential transition processes before that, John. But honestly, the first post-911 transition in 2009 set a different standard on how the outgoing and incoming administrations have regular contact with each other and work very closely with each other so there is a seamless transition on day one.
[Berman:] So we've heard this on many different subjects. But people associated with Donald Trump, many of them not professional politicians. They didn't have a lot of experience in government. Is that enough of an excuse here? Maybe ignorance. They didn't know better.
[Mcbride:] Well, listen, it may be an explanation. But I wouldn't say it's an excuse. I think at the end of the day, what we're talking about is the our government and how our government operates and the very serious discussions that a president has to make at like 12:01 after they are, you know, sworn in. And it's serious business. And I understand there are new people in the process. But there also were people working on the Trump transition who had been involved in other transitions. So I think that it's an explanation, but not an excuse.
[Berman:] Anita McBride, always great to see you. Thanks so much.
[Mcbride:] Thank you, John.
[Berman:] Up next, what a naked selfie has to do with the Mueller investigation. Plus, new insight on the special counsel from some folks who have known him for decades. And a reminder, this New Year's Day at 9:00 p.m. on CNN, don't miss the incredible story of comedy great Gilda Radner. Here's a preview of the CNN films, "Love Gilda".
[Gilda Radner, Comedian & Actress:] Hi. I'm Gilda Radner. And OK. Now.
[Unidentified Female:] People want to know what made you funny.
[Radner:] From the time I was a kid, I loved to pretend.
[Unidentified Male:] She was the very first performer chosen for the cast of "Saturday Night Live." They loved her.
[Unidentified Female:] I basically stole all of my characters from Gilda. I can do almost anything if people are laughing. Gilda was just not quite herself.
[Unidentified Male:] One morning she just said, I don't know what's wrong with me.
[Unidentified Female:] The comedian gets the most unfunny thing in the world. She felt that she could be of help. And that's exactly what she did. How often do we get to know exactly how brave we are?
[Radner:] I always felt that my comedy was just to make things be all right.
[Unidentified Male:] "Love Gilda," New Year's Day, at 9:00 p.m.