Report On The Investigation Into Russian Interference
In The 2016 Presidential Election
Volume II of II
1. A Sitting President’s Amenability to Indictment and Criminal Prosecution, 24 Op. O.L.C. 222, 222, 260 (2000) (OLC Op.).
2. See U.S. CONST. Art. I § 2, cl. 5; § 3, cl. 6; cf OLC Op. at 257-258 (discussing relationship between impeachment and criminal prosecution of a sitting President).
3. OLC Op. at 257 n.36 (“A grand jury could continue to gather evidence throughout the period of immunity”).
4. OLC Op. at 255 (“Recognizing an immunity from prosecution for a sitting President would not preclude such prosecution once the President’s term is over or he is otherwise removed from office by resignation or impeachment”).
5. For that reason, criticisms have been lodged against the practice of naming unindicted coconspirators in an indictment. See United States v. Briggs, 514 F.2d 794, 802 (5th Cir. 1975) (“The courts have struck down with strong language efforts by grand juries to accuse persons of crime while affording them no forum in which to vindicate themselves.”); see also Justice Manual § 9-11.130.
6. OLC Op. at 259 & n.38 (citation omitted).
7. This section summarizes and cites various news stories not for the truth of the information contained in the stories, but rather to place candidate Trump’s response to those stories in context. Volume I of this report analyzes the underlying facts of several relevant events that were reported on by the media during the campaign.
8. As discussed in Volume I, while the investigation identified numerous links between individuals with ties to the Russian government and individuals associated with the Trump Campaign, the evidence was not sufficient to charge that any member of the Trump Campaign conspired or coordinated with representatives of the Russian government to interfere in the 2016 election.
9. @realDonaldTrump 6/16/15 (11:57 a.m. ET) Tweet.
10. See, e.g., Meet the Press Interview with Donald J. Trump, NBC (Dec. 20, 2015) (Trump: “I think it would be a positive thing if Russia and the United States actually got along”); Presidential Candidate Donald Trump News Conference, Hanahan, South Carolina, C-SPAN (Feb. 15, 2016) (“You want to make a good deal for the country, you want to deal with Russia.”).
11. See, e.g., Anderson Cooper 360 Degrees, CNN (July 8, 2015) (“I think I get along with [Putin] fine.”); Andrew Rafferty, Trump Says He Would ‘‘Get Along Very Well” With Putin, NBC (July 30, 2015) (quoting Trump as saying, “I think I would get along very well with Vladimir Putin.”).
12. See, e.g., @realDonaldTrump Tweet 3/24/16 (7:47 a.m. ET); @realDonaldTrump Tweet 3/24/16 (7:59 a.m. ET).
13. See, e.g., Meet the Press Interview with Donald J. Trump, NBC (Dec. 20, 2015) (“[Putin] is a strong leader. What am I gonna say, he’s a weak leader? He’s making mincemeat out of our President.”); Donald Trump Campaign Rally in Vandalia, Ohio, C-SPAN (Mar. 12, 2016) (“I said [Putin] was a strong leader, which he is. I mean, he might be bad, he might be good. But he’s a strong leader.”).
14. See, e.g., Andrew Osborn, From Russia with love: why the Kremlin backs Trump, Reuters (Mar. 24, 2016); Robert Zubrin, Trump: The Kremlin’s Candidate, National Review (Apr. 4, 2016).
15. See, e.g., Mark Hosenball & Steve Holland, Trump being advised by ex-U.S. Lieutenant General who favors closer Russia ties, Reuters (Feb. 26, 2016); Tom Hamburger et al.. Inside Trump ’s financial ties to Russia and his unusual flattery of Vladimir Putin, Washington Post (June 17, 2016). Certain matters pertaining to Flynn are described in Volume I, Section IV.B.7, supra.
16. See, e.g., Zachary Mider, Trump’s New Russia Advisor Has Deep Ties to Kremlin’s Gazprom, Bloomberg (Mar. 30, 2016); Julia Iofee, Who is Carter Page?, Politico (Sep. 23, 2016). Certain matters pertaining to Page are described in Volume I, Section IV.A.3, supra.
17. Tracy Wilkinson, In a shift, Republican platform doesn’t call for arming Ukraine against Russia, spurring outrage, Los Angeles Times (July 21, 2016); Josh Rogin, Trump campaign guts GOP’s anti- Russia stance on Ukraine, Washington Post (July 18, 2016).
18. Josh Rogin, Trump campaign guts GOP’s anti-Russia stance on Ukraine, Washington Post, Opinions (July 18, 2016). The Republican Platform events are described in Volume I, Section IV.A.6, supra.
19. Bears in the Midst: Intrusion into the Democratic National Committee, CrowdStrike (June 15, 2016) (post originally appearing on June 14, 2016, according to records of the timing provided by CrowdStrike); Ellen Nakashima, Russian government hackers penetrated DNC, stole opposition research on Trump, Washington Post (June 14, 2016).
20. Tom Hamburger and Karen Tumulty, WikiLeaks releases thousands of documents about Clinton and internal deliberations, Washington Post (July 22, 2016).
21. Amber Phillips, Clinton campaign manager: Russians leaked Democrats’ emails to help Donald Trump, Washington Post (July 24, 2016).
22. David E. Sanger and Eric Schmitt, Spy Agency Consensus Grows That Russia Hacked D.N.C., New York Times (July 26, 2016).
23. Gates 4/10/18 302, at 5; Newman 8/23/18 302, at 1.
24. Gates 4/11/18 302, at 2-3 (SM-2180998); Gates 10/25/18 302, at 2; see also Volume I, Section III.D.1, supra.
25. Cohen 8/7/18 302, at 8; see also Volume I, Section III.D.l, supra. According to Cohen, after WikiLeaks’s subsequent release of stolen DNC emails on July 22, 2016, Trump said to Cohen words to the effect of, Harm To Ongoing Matter (HOM) Cohen 9/18/18 302, at 10. Cohen’s role in the candidate’s and later President’s activities, and his own criminal conduct, is described in Volume II, Section II.K, infra, and in Volume I, Section IV.A.l, supra.
26. Cohen 8/7/18 302, at 8.
27. Grand Jury (GJ) As explained in footnote 197 of Volume I, Section III.D.l.b, supra, this Office has included Manafort’s account of these events because it aligns with those of other witnesses and is corroborated to that extent.
28. Gates 10/25/18 302, at 4.
29. Gates 10/25/18 302, at 4.
30. Bannon 1/18/19 302, at 3.
31. Gates 4/11/18302,at 1-2 (SM-2180998); Gates 10/25/18 302, at 2 (messaging strategy was being formed in June/July timeframe based on claims by Assange on June 12, 2016, 2 lines redacted Harm to Ongoing Matter (HMO)).
32. @realDonaldTrump 7/26/16 (6:47 p.m. ET) Tweet.
33. @realDonaldTrump 7/26/16 (6:50 p.m. ET) Tweet.
34. Donald Trump News Conference, Doral, Florida, C-SPAN (July 27, 2016).
35. Donald Trump News Conference, Doral, Florida, C-SPAN (July 27, 2016).
36. Donald Trump News Conference, Doral, Florida, C-SPAN (July 27, 2016). Within five hours of Trump’s remark, a Russian intelligence service began targeting email accounts associated with Hillary Clinton for possible hacks. See Volume I, Section III, supra. In written answers submitted in this investigation, the President stated that he made the “Russia, if you’re listening” statement “in jest and sarcastically, as was apparent to any objective observer.” Written Responses of Donald J. Trump (Nov. 20, 2018), at 13 (Response to Question II, Part (d)).
37. Donald Trump News Conference, Doral, Florida, C-SPAN (July 27, 2016). In his written answers submitted in this investigation, the President said that his statement that “we’ll. be looking” at Crimea and sanctions “did not communicate any position.” Written Responses of Donald J. Trump (Nov. 20, 2018), at 17 (Response to Question IV, Part (g)).
38. Donald Trump News Conference, Doral, Florida, C-SPAN (July 27, 2016).
39. Donald Trump News Conference, Doral, Florida, C-SPAN (July 27, 2016).
40. Donald Trump News Conference, Doral, Florida, C-SPAN (July 27, 2016).
41. Donald Trump News Conference, Doral, Florida, C-SPAN (July 27, 2016).
42. The Trump Tower Moscow project and Trump’s involvement in it is discussed in detail in Volume I, Section IV.A.l, supra, and Volume II, Section II.K, infra.
43. Cohen 9/18/18 302, at 4.
44. Cohen 9/18/18 302, at 4-5.
45. Cohen 11/20/18 302, at 1; Cohen 9/18/18 302, at 3-5. The formation of the “party line” is described in greater detail in Volume II, Section II.K, infra.
46. DJTFP00004953 (8/8/16 Email, Gordon to Pchelyakov) (stating that “[t]hese days are not optimal for us, as we are busily knocking down a stream of false media stories”). The invitation and Gordon’s response are discussed in Volume I, Section IV. A.7.a, supra.
47. See, e.g., Amber Phillips, Paul Manafort’s complicated ties to Ukraine, explained, Washington Post (Aug. 19, 2016) (“There were also a wave of fresh headlines dealing with investigations into [Manafort’s] ties to a pro-Russian political party in Ukraine.”); Tom Winter & Ken Dilanian, Donald Trump Aide Paul Manafort Scrutinized for Russian Business Ties, NBC (Aug. 18, 2016). Relevant events involving Manafort are discussed in Volume I, Section IV.A.8, supra.
48. Michael Tsikoff, U.S. intel officials probe ties between Trump adviser and Kremlin, Yahoo News (Sep. 23, 2016); see, e.g., 9/25/16 Email, Hicks to Conway & Bannon; 9/23/16 Email, J. Miller to Bannon & S. Miller; Page 3/16/17 302, at 2.
49. ©WikiLeaks 10/7/16 (4:32 p.m. ET) Tweet.
50. Joint Statement from the Department Of Homeland Security and Office of the Director of National Intelligence on Election Security, DHS (Oct. 7, 2016).
51. Joint Statement from the Department Of Homeland Security and Office of the Director of National Intelligence on Election Security, DHS (Oct. 7, 2016).
52. John Wagner & Anne Gearan, Clinton campaign chairman ties email hack to Russians, suggests Trump had early warning, Washington Post (Oct. 11,2016).
53. Louis Nelson, Pence denies Trump camp in cahoots with WikiLeaks, Politico (Oct. 14, 2016).
54. Ivan Nechepurenko, Russian Officials Were in Contact With Trump Allies, Diplomat Says, New York Times (Nov. 10, 2016) (quoting Russian Deputy Foreign Minister Sergey Ryabkov saying, “[t]here were contacts” and “I cannot say that all, but a number of them maintained contacts with Russian representatives”); Jim Heintz & Matthew Lee, Russia eyes better ties with Trump; says contacts underway. Associated Press (Nov. 11,2016) (quoting Ryabkov saying, “I don’t say that all of them, but a whole array of them supported contacts with Russian representatives”).
55. Ivan Nechepurenko, Russian Officials Were in Contact With Trump Allies, Diplomat Says, New York Times (Nov. 11, 2016) (quoting Hicks).
56. Jim Heintz & Matthew Lee, Russia eyes better ties with Trump; says contacts underway. Associated Press (Nov. 10, 2016) (quoting Hicks). Hicks recalled that after she made that statement, she spoke with Campaign advisors Kellyanne Conway, Stephen Miller, Jason Miller, and probably Kushner and Bannon to ensure it was accurate, and there was no hesitation or pushback from any of them. Hicks 12/8/17 302, at 4.
57. Damien Gayle, CIA concludes Russia interfered to help Trump win election, say reports. Guardian (Dec. 10, 2016).
58. Chris Wallace Hosts “Fox News Sunday,” Interview with President-Elect Donald Trump, CQ Newsmaker Transcripts (Dec. 11, 2016).
59. Chris Wallace Hosts “Fox News Sunday,” Interview with President-Elect Donald Trump, CQ Newsmaker Transcripts (Dec. 11, 2016).
60. Chris Wallace Hosts “Fox News Sunday,” Interview with President-Elect Donald Trump, CQ Newsmaker Transcripts (Dec. 11, 2016).
61. David Morgan, Clinton campaign: It’s an ‘open question’ if Trump team colluded with Russia, Reuters Business Insider (Dec. 18, 2016).
62. Chris Wallace Hosts “Fox News Sunday,” Interview with Incoming White House Chief of Staff Reince Priebus, Fox News (Dec. 18, 2016).
63. Chris Wallace Hosts “Fox News Sunday, “ Interview with Incoming White House Chief of Staff Reince Priebus, Fox News (Dec. 18, 2016).
64. Chris Wallace Hosts “Fox News Sunday,” Interview with Incoming White House Chief of Staff Reince Priebus, Fox News (Dec. 18, 2016).
65. Statement by the President on Actions in Response to Russian Malicious Cyber Activity and Harassment, White House (Dec. 29, 2016); see also Missy Ryan et al., Obama administration announces measures to punish Russia for 2016 election interference, Washington Post (Dec. 29, 2016).
66. John Wagner, Trump on alleged election interference by Russia: ‘Get on with our lives,’ Washington Post (Dec. 29, 2016).
67. Missy Ryan et al., Obama administration announces measures to punish Russia for 2016 election interference, Washington Post (Dec. 29, 2016).
68. Comey 11/15/17 302, at 3.
69. Office of the Director of National Intelligence, Russia’s Influence Campaign Targeting the 2016 US Presidential Election, at 1 (Jan. 6, 2017).
70. Office of the Director of National Intelligence, Russia’s Influence Campaign Targeting the 2016 US Presidential Election, at 1 (Jan. 6, 2017).
71. Ken Bensinger et al., These Reports Allege Trump Has Deep Ties To Russia, BuzzFeed (Jan. 10, 2017).
72. Donald Trump’s News Conference: Full Transcript and Video, New York Times (Jan. 11, 2017), available at https://www.nytimes.eom/2017/01/l 1/us/politics/trump-press-conference- transcript.html.
73. Priebus 10/13/17 302, at 7; Hicks 3/13/18 302, at 18; Spicer 10/16/17 302, at 6; Bannon 2/14/18 302, at 2; Gates 4/18/18 302, at 3; see Pompeo 6/28/17 302, at 2 (the President believed that the purpose of the Russia investigation was to delegitimize his presidency).
74. Hicks 3/13/18 302, at 18.
75. Spicer 10/17/17 302, at 6.
76. Gates 4/18/18 302, at 3.
77. Priebus 10/13/17 302, at 7.
78. Flynn 11 /16/17 302, at 7; President-Elect Donald J. Trump Selects U.S. Senator Jeff Sessions for Attorney General, Lt. Gen. Michael Flynn as Assistant to the President for National Security Affairs and U.S. Rep. Mike Pompeo as Director of the Central Intelligence Agency, President-Elect Donald J. Trump Press Release (Nov. 18, 2016); see also, e.g., Bryan Bender, Trump names Mike Flynn national security adviser, Politico, (Nov. 17, 2016).
79. Flynn 11/16/17 302, at 8-14; Priebus 10/13/17 302, at 3-5.
80. Statement by the President on Actions in Response to Russian Malicious Cyber Activity and Harassment, The White House, Office of the Press Secretary (Dec. 29, 2016).
81. /29/16 Email, O’Brien to McFarland et al.; 12/29/16 Email, Bossert to Flynn et al.; 12/29/16 Email, McFarland to Flynn et al.; SF000001 (12/29/16 Text Message, Flynn to Flaherty) (“Tit for tat w Russia not good. Russian AMBO reaching out to me today.”); Flynn 1/19/18 302, at 2.
82. Statement of Offense at 2-3, United States v. Michael T. Flynn, l:17-cr-232 (D.D.C. Dec. 1, 2017), Doc. 4 {Flynn Statement of Offense); Flynn 11/17/17 302, at 3-4; Flynn 11/20/17 302, at 3; McFarland 12/22/17 302, at 6-7.
83. McFarland 12/22/17 302, at 4-7 (recalling discussions about this issue with Bannon and Priebus).
84. Flynn Statement of Offense, at 3; Flynn 11/17/17 302, at 3-4; McFarland 12/22/17 302, at 6-7.
85. /29/16 Email, McFarland to Flynn et al.
86. McFarland 12/22/17 302, at 7.
87. Priebus 1/18/18 302, at 3.
88. McFarland 12/22/17 302, at 7. Priebus thought it was possible that McFarland had mentioned Flynn’s scheduled call with Kislyak at this meeting, although he was not certain. Priebus 1/18/18 302, at 3.
89. McFarland 12/22/17 302, at 7.
90. Priebus 1/18/18 302, at 3.
91. Flynn Statement of Offense, at 3; Flynn 11/17/17 302, at 3-4.
92. Flynn Statement of Offense, at 3; McFarland 12/22/17 302, at 7-8; Flynn 11/17/17 302, at 4.
93. McFarland 12/22/17 302, at 8.
94. Statement by the President of Russia, President of Russia (Dec. 30, 2016) 12/30/16.
95. @realDonaldTrump 12/30/16 (2:41 p.m. ET) Tweet.
96. Flynn 1/19/18 302, at 3; Flynn Statement of Offense, at 3.
97. Flynn 1/19/18 302, at 3; Flynn 11/17/17 302, at 6; McFarland 12/22/17 302, at 10; Flynn Statement of Offense, at 3.
98. McFarland 12/22/17 302, at 10; see Flynn 1/19/18 302, at 4.
99. Flynn 11/17/17 302, at 5-6.
100. Flynn 1/19/18 302, at 4-5. Bannon recalled meeting with Flynn that day, but said he did not remember discussing sanctions with him. Bannon 2/12/18 302, at 9.
101. Flynn 11/21/17 302, at 1; Flynn 1/19/18 302, at 5.
102. Flynn 1/19/18 302, at 6; Flynn 11/17/17 302, at 6.
103. McCord 7/17/17 302, at 2.
104. McCord 7/17/17 302, at 2.
105. McCord 7/17/17 302, at 2-3; Comey 11/15/17 302, at 5.
106. McCord 7/17/17 302, at 2-3.
107. Hearing on Russian Election Interference Before the Senate Select Intelligence Committee, 115th Cong. (June 8, 2017) (Statement for the Record of James B. Comey, former Director of the FBI, at 1-2).
108. Comey 11/15/17 302, at 3; Hearing on Russian Election Interference Before the Senate Select Intelligence Committee, 115th Cong. (June 8, 2017) (Statement for the Record of James B. Comey, former Director of the FBI, at 1-2).
109. Comey 1/7/17 Memorandum, at 1. Comey began drafting the memorandum summarizing the meeting immediately after it occurred. Comey 11/15/17 302, at 4. He finished the memorandum that evening and finalized it the following morning. Comey 11/15/17 302, at 4.
110. Comey 1/7/17 Memorandum, at 1; Comey 11/15/17 302, at 3. Comey identified several other occasions in January 2017 when the President reiterated that he hoped Comey would stay on as FBI director. On January 11, President-Elect Trump called Comey to discuss the Steele reports and stated that he thought Comey was doing great and the President-Elect hoped he would remain in his position as FBI director. Comey 11/15/17 302, at 4; Hearing on Russian Election Interference Before the Senate Select Intelligence Committee, 115th Cong. (June 8, 2017) (testimony of James B. Comey, former Director of the FBI), CQ Cong. Transcripts, at 90. (“[D]uring that call, he asked me again, ‘Hope you’re going to stay, you’re doing a great job.’ And I told him that I intended to.”). On January 22, at a White House reception honoring law enforcement, the President greeted Comey and said he looked forward to working with him. Hearing on Russian Election Interference Before the Senate Select Intelligence Committee, 115th Cong. (June 8, 2017) (testimony of James B. Comey, former Director of the FBI), CQ Cong. Transcripts, at 22. And as discussed in greater detail in Volume II, Section II.D, infra, on January 27, the President invited Comey to dinner at the White House and said he was glad Comey wanted to stay on as FBI Director.
111. Comey 1/7/17 Memorandum, at 1; Comey 11/15/17 302, at 3.
112. Comey 1/7/17 Memorandum, at 1-2; Comey 11/15/17 302, at 3. Comey’s briefing included the Steele reporting’s unverified allegation that the Russians had compromising tapes of the President involving conduce when he was a private citizen during a 2013 trip to Moscow for the Miss Universe Pageant. During the 2016 presidential campaign, a similar claim may have reached candidate Trump. On October 30, 2016, Michael Cohen received a text from Russian businessman Giorgi Rtskhiladze that said, “Stopped flow of tapes from Russia but not sure if there’s anything else. Just so you know. . . .” 10/30/16 Text Message, Rtskhiladze to Cohen. Rtskhiladze said “tapes” referred to compromising tapes of Trump rumored to be held by persons associated with the Russian real estate conglomerate Crocus Group, which had helped host the 2013 Miss Universe Pageant in Russia. Rtslchiladze 4/4/18 302, at 12. Cohen said he spoke to Trump about the issue after receiving the texts from Rtskhiladze. Cohen 9/12/18 302, at 13. Rtskhiladze said he was told the tapes were fake, but he did not communicate that to Cohen. Rtskhiladze 5/10/18 302, at 7.
113. Comey 11/15/17 302, at 3-4; Hearing on Russian Election Interference Before the Senate Select Intelligence Committee, 115th Cong. (June 8, 2017) (Statement for the Record of James B. Comey, former Director of the FBI, at 2).
114. Comey 11/15/17 302, at 3.
115. See, e.g., Evan Perez et al., Intel chiefs presented Trump with claims of Russian efforts to compromise him, CNN (Jan. 10, 2017; updated Jan. 12, 2017).
116. Ken Bensinger et al., These Reports Allege Trump Has Deep Ties To Russia, BuzzFeed News (Jan. 10, 2017).
117. See 1/11/17 Email, Clapper to Comey (“He asked if I could put out a statement. He would prefer of course that I say the documents are bogus, which, of course, I can’t do.”); 1/12/17 Email, Comey to Clapper (“He called me at 5 yesterday and we had a very similar conversation.”); Comey 11/15/17 302, at 4-5.
118. See 2016 Presidential Election Investigation Fast Facts, CNN (first published Oct. 12, 2017; updated Mar. 1, 2019) (summarizing starting dates of Russia-related investigations).
119. Joint Statement on Committee Inquiry into Russian Intelligence Activities, SSCI (Jan. 13, 2017).
120. Joint Statement on Progress of Bipartisan HPSCI Inquiry into Russian Active Measures, HPSCI (Jan. 25, 2017).
121. Joint Statement from Senators Graham and Whitehouse on Investigation into Russian Influence on Democratic Nations’ Elections (Feb. 2, 2017).
122. David Ignatius, Why did Obama dawdle on Russia’s hacking?, Washington Post (Jan. 12, 2017).
123. David Ignatius, Why did Obama dawdle on Russia’s hacking?, Washington Post (Jan. 12, 2017). The Logan Act makes it a crime for “[a]ny citizen of the United States, wherever he may be” to “without authority of the United States, directly or indirectly commence[] or carr[y] on any correspondence or intercourse with any foreign government or any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the United States.” 18 U.S.C. § 953.
124. Priebus 1/18/18 302, at 6.
125. Priebus 1/18/18 302, at 6.
126. Priebus 1/18/18 302, at 6.
127. Flynn 11/21/17 302, at 1; Flynn 11/20/17 302, at 6.
128. McFarland 12/22/17 302, at 12-13.
129. McFarland 12/22/17 302, at 12.
130. McFarland 12/22/17 302, at 12-13; McFarland 8/29/17 302, at 8; see David Ignatius, Why did Obama dawdle on Russia’s hacking?, Washington Post (Jan. 12, 2017).
131. Flynn 11/17/17 302, at 1, 8; Flynn 1/19/18 302, at 7; Priebus 10/13/17 302, at 7-8; S. Miller 8/31/17 302, at 8-11.
132. Flynn 11/17/17 302, at 1,8; Flynn 1/19/18 302, at 7; S. Miller 8/31/17 302, at 10-11.
133. Face the Nation Interview with Vice President-Elect Pence, CBS (Jan. 15, 2017); Julie Hirschfield Davis et al., Trump National Security Advisor Called Russian Envoy Day Before Sanctions Were Imposed, Washington Post (Jan. 13, 2017); Meet the Press Interview with Reince Priebus, NBC (Jan. 15, 2017).
134. Yates 8/15/17 302, at 2-3; McCord 7/17/17 302, at 3-4; McCabe 8/17/17 302, at 5 (DOJ officials were “really freaked out about it”).
135. Yates 8/15/17 302, at 3; McCord 7/17/17 302, at 4.
136. McCord 7/17/17 302, at 4; McCabe 8/17/17 302, at 5-6.
137. Sean Spicer, White House Daily Briefing, C-SPAN (Jan. 23, 2017).
138. Yates 8/15/17 302, at 4; Axelrod 7/20/17 302, at 5.
139. Flynn Statement of Offense, at 2.
140. Flynn Statement of Offense, at 2.
141. Flynn Statement of Offense, at 2. On December 1, 2017, Flynn admitted to making these false statements and pleaded guilty to violating 18 U.S.C. § 1001, which makes it a crime to knowingly and willfully “make[] any materially false, fictitious, or fraudulent statement or representation” to federal law enforcement officials. See Volume I, Section IV.A.7, supra.
142. Yates 8/15/17 302, at 6.
143. Yates 8/15/17 302, at 6; McCord 7/17/17 302, at 6; SCR015_000198 (2/15/17 Draft Memorandum to file from the Office of the Counsel to the President).
144. Yates 8/15/17 302, at 6-8; McCord 7/17/17 302, at 6-7; Burnham 11/3/17 302, at 4; SCR015_000198 (2/15/17 Draft Memorandum to file from the Office of the Counsel to the President).
145. McGahn 11/30/17 302, at 5; Yates 8/15/17 302, at 7; McCord 7/17/17 302, at 7; Burnham 11/3/17 302, at 4.
146. Yates 8/15/17 302, at 7; McCord 7/17/17 302, at 7.
147. SCR015 000198 (2/15/17 Draft Memorandum to file from the Office of the Counsel to the President); Burnham 11/3/17 302, at 4.
148. McGahn 11/30/17 302, at 5.
149. SCR015_000198 (2/15/17 Draft Memorandum to file from the Office of the Counsel to the President); McGahn 11/30/17 302, at 6, 8.
150. McGahn 11/30/17 302, at 6; SCR015_000278 (White House Counsel’s Office Memorandum re: “Flynn Tick Tock”) (on January 26, “McGahn IMMEDIATELY advises POTUS”); SCR015 000198 (2/15/17 Draft Memorandum to file from the Office of the Counsel to the President).
151. McGahn 11/30/17 302, at 6.
152. McGahn 11/30/17 302, at 7.
153. McGahn 11/30/17 302, at 7.
154. McGahn 11/30/17 302, at 7; SCR015_000198-99 (2/15/17 Draft Memorandum to file from the Office of the Counsel to the President).
155. Priebus 10/13/17 302, at 8. Several witnesses said that the President was unhappy with Flynn for other reasons at this time. Bannon said that Flynn’s standing with the President was not good by December 2016. Bannon 2/12/18 302, at 12. The President-Elect had concerns because President Obama had warned him about Flynn shortly after the election. Bannon 2/12/18 302, at 4-5; Hicks 12/8/17 302, at 7 (President Obama’s comment sat with President-Elect Trump more than Hicks expected). Priebus said that the President had become unhappy with Flynn even before the story of his calls with Kislyak broke and had become so upset with Flynn that he would not look at him during intelligence briefings. Priebus 1/18/18 302, at 8. Hicks said that the President thought Flynn had bad judgment and was angered by tweets sent by Flynn and his son, and she described Flynn as “being on thin ice” by early February 2017. Hicks 12/8/17 302, at 7, 10.
156. Coats 6/14/17 302, at 2.
157. Coats 6/14/17 302, at 2.
158. Coats 6/14/17 302, at 2.
159. Coats 6/14/17 302, at 2.
160. SCR015 000199 (2/15/17 Draft Memorandum to file from the Office of the Counsel to the President); McGahn 11/30/17 302, at 8.
161. SCR015_000199 (2/15/17 Draft Memorandum to file from the Office of the Counsel to the President); Eisenberg 11/29/17 302, at 9.
162. SCR015_000199 (2/15/17 Draft Memorandum to file from the Office of the Counsel to the President); Eisenberg 11/29/17 302, at 9.
163. SCR015 000199 (2/15/17 Draft Memorandum to file from the Office of the Counsel to the President); McGahn 11/30/17 302, at 8; Yates 8/15/17 302, at 8.
164. Yates 8/15/17 302, at 9; McGahn 11/30/17 302, at 8.
165. Yates 8/15/17 302, at 9; Burnham 11/3/17 302, at 5; see SCR015 00199 (2/15/17 Draft Memorandum to file from the Office of the Counsel to the President) (“Yates was unwilling to confirm or deny that there was an ongoing investigation but did indicate that the Department of Justice would not object to the White House taking action against Flynn.”).
166. Yates 9/15/17 302, at 9; Burnham 11/3/17 302, at 5. In accordance with McGahn’s request, the Department of Justice made the underlying information available and Eisenberg viewed the information in early February. Eisenberg 11/29/17 302, at 5; FBI 2/7/17 Electronic Communication, at 1 (documenting 2/2/17 meeting with Eisenberg).
167. Comey 11/15/17 302, at 6; SCR012b_000001 (President’s Daily Diary, 1/27/17); Hearing on Russian Election Interference Before the Senate Select Intelligence Committee, 115th Cong. (June 8, 2017) (Statement for the Record of James B. Comey, former Director of the FBI, at 2-3).
168. Priebus 10/13/17 302, at 17.
169. See McGahn 11/30/17 302, at 9; Dhillon 11/21/17 302, at 2; Bannon 2/12/18 302, at 17.
170. Bannon 2/12/18 302, at 17.
171. Hearing on Russian Election Interference Before the Senate Select Intelligence Committee, 115th Cong. (June 8, 2017) (Statement for the Record of James B. Comey, former Director of the FBI, at 3); see Comey 11/15/17 302, at 6.
172. Comey 11/15/17 302, at 7; Comey 1/28/17 Memorandum, at 1, 3; Hearing on Russian Election Interference Before the Senate Select Intelligence Committee, 115th Cong. (June 8, 2017) (Statement for the Record of James B. Comey, former Director of the FBI, at 3).
173. Comey 11/15/17 302, at 7; Hearing on Russian Election Interference Before the Senate Select Intelligence Committee, 115th Cong. (June 8, 2017) (Statement for the Record of James B. Comey, former Director of the FBI, at 3).
174. Comey 1 /28/17 Memorandum, at 3; Hearing on Russian Election Interference Before the Senate Select Intelligence Committee, 115th Cong. (June 8, 2017) (Statement for the Record of James B. Comey, former Director of the FBI, at 4).
175. Comey 1/28/17 Memorandum, at 3; Hearing on Russian Election Interference Before the Senate Select Intelligence Committee, 115th Cong. (June 8, 2017) (Statement for the Record of James B. Comey, former Director of the FBI, at 4).
176. Comey 1/28/17 Memorandum, at 4; Comey 11/15/17 302, at 7.
177. Comey 1/28/17 Memorandum, at 4; Comey 11/15/17 302, at 7.
178. Comey 1/28/18 Memorandum, at 2; Comey 11/15/17 302, at 7; Hearing on Russian Election Interference Before the Senate Select Intelligence Committee, 115th Cong. (June 8, 2017) (Statement for the Record of James B. Comey, former Director of the FBI, at 3).
179. Comey 1/28/17 Memorandum, at 3; Comey 11/15/17 302, at 7; Hearing on Russian Election Interference Before the Senate Select Intelligence Committee, 115th Cong. (June 8, 2017) (Statement for the Record of James B. Comey, former Director of the FBI, at 3-4).
180. Comey 1/28/17 Memorandum, at 3; Comey 11/15/17 302, at 7; Hearing on Russian Election Interference Before the Senate Select Intelligence Committee, 115th Cong. (June 8, 2017) (Statement for the Record of James B. Comey, former Director of the FBI, at 4).
181. Comey 1/28/17 Memorandum, at 3; Comey 11/15/17 302, at 7; Hearing on Russian Election Interference Before the Senate Select Intelligence Committee, 115th Cong. (June 8, 2017) (Statement for the Record of James B. Comey, former Director of the FBI, at 4).
182. Comey 1/28/17 Memorandum, at 3; Comey 11/15/17 302, at 7; Hearing on Russian Election Interference Before the Senate Select Intelligence Committee, 115th Cong. (June 8, 2017) (Statement for the Record of James B. Comey, former Director of the FBI, at 4).
183. See, e.g., Michael S. Schmidt, In a Private Dinner, Trump Demanded Loyalty. Comey Demurred., New York Times (May 11, 2017) (quoting Sarah Sanders as saying, “[The President] would never even suggest the expectation of personal loyalty”); Ali Vitali, Trump Never Asked for Comey’s Loyalty, President’s Personal Lawyer Says, NBC (June 8, 2017) (quoting the President’s personal counsel as saying, “The president also never told Mr. Comey, i need loyalty, I expect loyalty,’ in form or substance.”); Remarks by President Trump in Press Conference, White House (June 9, 2017) (“I hardly know the man. I’m not going to say ‘I want you to pledge allegiance.’ Who would do that? Who would ask a man to pledge allegiance under oath?”). In a private conversation with Spicer, the President stated that he had never asked for Comey’s loyalty, but added that if he had asked for loyalty, “Who cares?” Spicer 10/16/17 302, at 4. The President also told McGahn that he never said what Comey said he had. McGahn 12/12/17 302, at 17.
184. Interview of Donald J. Trump, NBC (May 11,2017).
185. SCR012b_000001 (President’s Daily Diary, 1/27/17) (reflecting that the President called Comey in the morning on January 27 and “[t]he purpose of the call was to extend a dinner invitation”). In addition, two witnesses corroborate Comey’s account that the President reached out to schedule the dinner, without Comey having asked for it. Priebus 10/13/17 302, at 17 (the President asked to schedule the January 27 dinner because he did not know much about Comey and intended to ask him whether he wanted to stay on as FBI Director); Rybicki 11/21/18 302, at 3 (recalling that Comey told him about the President’s dinner invitation on the day of the dinner).
186. Comey 11/15/17 302, at 8; Hearing on Russian Election Interference Before the Senate Select Intelligence Committee, 115th Cong. (June 8, 2017) (Statement for the Record of James B. Comey, former Director of the FBI, at 4).
187. McCabe 8/17/17 302, at 9-10; Rybicki 11/21/18 302, at 3. After leaving the White House, Comey called Deputy Director of the FBI Andrew McCabe, summarized what he and the President had discussed, including the President’s request for loyalty, and expressed shock over the President’s request. McCabe 8/17/17 302, at 9. Comey also convened a meeting with his senior leadership team to discuss what the President had asked of him during the dinner and whether he had handled the request for loyalty properly. McCabe 8/17/17 302, at 10; Rybicki 11/21/18 302, at 3. In addition, Comey distributed his memorandum documenting the dinner to his senior leadership team, and McCabe confirmed that the memorandum captured what Comey said on the telephone call immediately following the dinner. McCabe 8/17/17 302, at 9-10.
188. There also is evidence that corroborates other aspects of the memoranda Comey wrote documenting his interactions with the President. For example, Comey recalled, and his memoranda reflect, that he told the President in his January 6, 2017 meeting, and on phone calls on March 30 and April 11, 2017, that the FBI was not investigating the President personally. On May 8, 2017, during White House discussions about firing Comey, the President told Rosenstein and others that Comey had told him three times that he was not under investigation, including once in person and twice on the phone. Gauhar-000058 (Gauhar 5/16/17 Notes).
189. Eisenberg 11/29/17 302, at 5; FBI 2/7/17 Electronic Communication, at 1 (documenting 2/2/17 meeting with Eisenberg).
190. Eisenberg 11/29/17 302, at 6.
191. Eisenberg 11/29/17 302, at 9; SCR015 000200 (2/15/17 Draft Memorandum to file from the Office of the Counsel to the President).
192. Eisenberg 11/29/17 302, at 9.
193. Flynn 11/21/17 302, at 2.
194. Flynn 11/21/17 302, at 2.
195. Flynn 11/21/17 302, at 2.
196. Flynn 11/21/17 302, at 2-3.
197. Greg Miller et al., National security adviser Flynn discussed sanctions with Russian ambassador, despite denials, officials say, Washington Post (Feb. 9, 2017).
198. SCR015 000202 (2/15/17 Draft Memorandum to file from the Office of the Counsel to the President); McGahn 11/30/17 302, at 12.
199. SCR015_000202 (2/15/17 Draft Memorandum to file from the Office of the Counsel to the President); McCabe 8/17/17 302, at 11-13; Priebus 10/13/17 302, at 10; McGahn 11/30/17 302, at 12.
200. McCabe 8/17/17 302, at 13.
201. McCabe 8/17/17 302, at 13.
202. McGahn 11/30/17 302, at 12; Priebus 1/18/18 302, at 8; Priebus 10/13/17 302, at 10; SCR015 000202 (2/15/17 Draft Memorandum to file from the Office of the Counsel to the President).
203. McGahn 11/30/17 302, at 11; Eisenberg 11/29/17 302, at 9; Priebus 10/13/17 302, at 11.
204. Eisenberg 11/29/17 302, at 9.
205. SCR015 000202 (2/15/17 Draft Memorandum to file from the Office of the Counsel to the President); Priebus 10/13/17 302, at 10; McGahn 11/30/17 302, at 12.
206. Flynn 11/17/17 302, at 8.
207. Flynn 1/19/18 302, at 9; Flynn 11/17/17 302, at 8.
208. Flynn 11/17/17 302, at 8; Flynn 1/19/18 302, at 9.
209. Flynn 1/19/18 302, at 9
210. Priebus 1/18/18 302, at 9.
211. Priebus 1/18/18 302, at 9; Flynn 11/17/17 302, at 10.
212. Priebus 1/18/18 302, at 9; Flynn 11/17/17 302, at 10.
213. SCR004 00600 (2/16/17 Email, Burnham to Donaldson).
214. Sean Spicer, White House Daily Briefing, C-SPAN (Feb. 14, 2017). After Flynn pleaded guilty to violating 18 U.S.C. § 1001 in December 2017, the President tweeted, “I had to fire General Flynn because he lied to the Vice President and the FBI.” @realDonaldTrump 12/2/17 (12:14 p.m. ET) Tweet. The next day, the President’s personal counsel told the press that he had drafted the tweet. Maegan Vazquez et al., Trump’s lawyer says he was behind President’s tweet about firing Flynn, CNN (Dec. 3, 2017).
215. Christie 2/13/19 302, at 2-3; SCR0l2b_000022 (President’s Daily Diary, 2/14/17).
216. Christie 2/13/19 302, at 3.
217. Christie 2/13/19 302, at 3.
218. Christie 2/13/19 302, at 3. Christie said he thought when the President said “the Russia thing” he was referring to not just the investigations but also press coverage about Russia. Christie thought the more important thing was that there was an investigation. Christie 2/13/19 302, at 4.
219. Christie 2/13/19 302, at 3.
220. Christie 2/13/19 302, at 3.
221. Christie 2/13/19 302, at 3.
222. Christie 2/13/19 302, at 3-4.
223. Christie 2/13/19 302, at 3. Christie also recalled that during the lunch, Flynn called Kushner, who was at the lunch, and complained about what Spicer had said about Flynn in his press briefing that day. Kushner told Flynn words to the effect of, “You know the President respects you. The President cares about you. I’ll get the President to send out a positive tweet about you later.” Kushner looked at the President when he mentioned the tweet, and the President nodded his assent. Christie 2/13/19 302, at 3. Flynn recalled getting upset at Spicer’s comments in the press conference and calling Kushner to say he did not appreciate the comments. Flynn 1/19/18 302, at 9.
224. Christie 2/13/19 302, at 4.
225. Christie 2/13/19 302, at 4.
226. Christie 2/13/19 302, at 4-5.
227. Christie 2/13/19 302, at 5.
228. Christie 2/13/19 302, at 5.
229. Christie 2/13/19 302, at 5.
230. Christie 2/13/19 302, at 5.
231. SCR012b_000022 (President’s Daily Diary, 2/14/17); Comey 11/15/17 302, at 9.
232. Comey 11/15/17 302, at 10; 2/14/17 Comey Memorandum, at 1; Hearing on Russian Election Interference Before the Senate Select Intelligence Committee, 115th Cong. (June 8, 2017) (Statement for the Record of James B. Comey, former Director of the FBI, at 4); Priebus 10/13/17 302, at 18 (confirming that everyone was shooed out “like Comey said” in his June testimony).
233. Comey 11/15/17 302, at 10; Comey 2/14/17 Memorandum, at 1; Hearing on Russian Election Interference Before the Senate Select Intelligence Committee, 115th Cong. (June 8, 2017) (Statement for the Record of James B. Comey, former Director of the FBI, at 4). Sessions recalled that the President asked to speak to Comey alone and that Sessions was one of the last to leave the room; he described Comey’s testimony about the events leading up to the private meeting with the President as “pretty accurate.” Sessions 1/17/18 302, at 6. Kushner had no recollection of whether the President asked Comey to stay behind. Kushner 4/11/18 302, at 24.
234. Comey 2/14/17 Memorandum, at 2; Priebus 10/13/17 302, at 18.
235. Comey 11/15/17 302, at 10; Comey 2/14/17 Memorandum, at 1; Hearing on Russian Election Interference Before the Senate Select Intelligence Committee, 115th Cong. (June 8, 2017) (Statement for the Record of James B. Comey, former Director of the FBI, at 4).
236. Comey 2/14/17 Memorandum, at 1; Hearing on Russian Election Interference Before the Senate Select Intelligence Committee, 115th Cong. (June 8, 2017) (Statement for the Record of James B. Comey, former Director of the FBI, at 5).
237. Comey 11/15/17 302, at 10; Comey 2/14/17 Memorandum, at 2; Hearing on Russian Election Interference Before the Senate Select Intelligence Committee, 115th Cong. (June 8, 2017) (Statement for the Record of James B. Comey, former Director of the FBI, at 5).
238. Hearing on Russian Election Interference Before the Senate Select Intelligence Committee, 115th Cong. (June 8, 2017) (Statement for the Record of James B. Comey, former Director of the FBI, at 5); Comey 2/14/17 Memorandum, at 2. Comey said he was highly confident that the words in quotations in his Memorandum documenting this meeting were the exact words used by the President. He said he knew from the outset of the meeting that he was about to have a conversation of consequence, and he remembered the words used by the President and wrote them down soon after the meeting. Comey 11/15/17 302, at 10-11.
239. Comey 11/15/17 302, at 10; Comey 2/14/17 Memorandum, at 2.
240. Hearing on Russian Election Interference Before the Senate Select Intelligence Committee, 115th Cong. (June 8, 2017) (CQ Cong. Transcripts, at 31) (testimony of James B. Comey, former Director of the FBI). Comey further stated, “I mean, this is the president of the United States, with me alone, saying, ‘I hope’ this. I took it as, this is what he wants me to do.” Id.; see also Comey 11/15/17 302, at 10 (Comey took the statement as an order to shut down the Flynn investigation).
241. Comey 11/15/17 302, at 11; Hearing on Russian Election Interference Before the Senate Select Intelligence Committee, 115th Cong. (June 8, 2017) (Statement for the record of James B. Comey, former Director of the FBI, at 5).
242. Comey 11/15/17 302, at 11; Rybicki 6/9/17 302, at 4; Rybicki 6/22/17 302, at 1; Hearing on Russian Election Interference Before the Senate Select Intelligence Committee, 115th Cong. (June 8, 2017) (Statement for the record of James B. Comey, former Director of the FBI, at 5-6).
243. Comey 11/15/17 302, at 11; Rybicki 6/9/17 302, at 4-5; Rybicki 6/22/17 302, at 1-2; Sessions 1/17/18 302, at 6 (confirming that later in the week following Comey’s one-on-one meeting with the President in the Oval Office, Comey told the Attorney General that he did not want to be alone with the President); Hunt 2/1/18 302, at 6 (within days of the February 14 Oval Office meeting, Comey told Sessions he did not think it was appropriate for the FBI Director to meet alone with the President); Rybicki 11/21/18 302, at 4 (Rybicki helped to schedule the meeting with Sessions because Comey wanted to talk about his concerns about meeting with the President alone); Hearing on Russian Election Interference Before the Senate Select Intelligence Committee, 115th Cong. (June 8, 2017) (Statement for the record of James B. Comey, former Director of the FBI, at 6).
244. See, e.g., Sean Spicer, White House Daily Briefing, C-SPAN (Feb. 14, 2017) (questions from the press included, “if [the President] was notified 17 days ago that Flynn had misled the Vice President, other officials here, and that he was a potential threat to blackmail by the Russians, why would he be kept on for almost three weeks?” and “Did the President instruct [Flynn] to talk about sanctions with the [Russian ambassador]?”). Priebus recalled that the President initially equivocated on whether to fire Flynn because it would generate negative press to lose his National Security Advisor so early in his term. Priebus 1/18/18 302, at 8.
245. E.g., Sean Sullivan et al., Senators from both parties pledge to deepen probe of Russia and the 2016 election, Washington Post (Feb. 14,2017); Aaron Blake, 5 times Donald Trump’s team denied contact with Russia, Washington Post (Feb. 15, 2017); Oren Dorell, Donald Trump’s ties to Russia go back 30 years, USA Today (Feb. 15, 2017); Pamela Brown et al.. Trump aides were in constant touch with senior Russian officials during campaign, CNN (Feb. 15, 2017); Austin Wright, Comey briefs senators amid furor over Trump-Russia ties, Politico (Feb. 17, 2017); Megan Twohey & Scott Shane, A Back-Channel Plan for Ukraine and Russia, Courtesy of Trump Associates, New York Times (Feb. 19, 2017).
246. Remarks by President Trump and Prime Minister Netanyahu of Israel in Joint Press Conference, White House (Feb. 15, 2017).
247. Remarks by President Trump in Press Conference, White House (Feb. 16, 2017).
248. Remarks by President Trump in Press Conference, White House (Feb. 16, 2017). The President also said that Flynn’s conduct “wasn’t wrong - what he did in terms of the information he saw.” The President said that Flynn was just “doing the job,” and “if anything, he did something right.”
249. Remarks by President Trump in Press Conference, White House (Feb. 16, 2017); Priebus 1/18/18 302, at 9.
250. Remarks by President Trump in Press Conference, White House (Feb. 16, 2017).
251. Remarks by President Trump in Press Conference, White House (Feb. 16, 2017).
252. KTMF_00000047 (McFarland 2/26/17 Memorandum for the Record); McFarland 12/22/17 302, at 16-17.
253. See Priebus 1/18/18 302, at 11; see also KTMF_00000048 (McFarland 2/26/17 Memorandum for the Record); McFarland 12/22/17 302, at 17.
254. Priebus 1/18/18 302, at 11.
255. KTMF 00000048 (McFarland 2/26/17 Memorandum for the Record); McFarland 12/22/17 302, at 17.
256. KTMF_00000047 (McFarland 2/26/17 Memorandum for the Record) (“I said I did not know whether he did or didn’t, but was in Maralago the week between Christmas and New Year’s (while Flynn was on vacation in Carribean) and I was not aware of any Flynn-Trump, or Trump-Russian phone calls”); McFarland 12/22/17 302, at 17.
257. Priebus 1/18/18 302, at 11.
258. McFarland 12/22/17 302, at 17.
259. McFarland 12/22/17 302, at 17.
260. KTMF 00000048 (McFarland 2/26/17 Memorandum for the Record); McFarland 12/22/17 302, at 17.
261. KTMF 00000048 (McFarland 2/26/17 Memorandum for the Record); see McFarland 12/22/17 302, at 17.
262. McFarland 12/22/17 302, at 17; KTMF_00000048 (McFarland 2/26/17 Memorandum for the Record).
263. Priebus 1/18/18 302, at 9.
264. Priebus 1/18/18 302, at 9; Flynn 1/19/18 302, at 9.
265. Priebus 1/18/18 302, at 9-10.
266. @realDonaldTrump 3/31/17 (7:04 a.m. ET) Tweet; see Shane Harris at al., Mike Flynn Offers to Testify in Exchange for Immunity, Wall Street Journal (Mar. 30, 2017).
267. McFarland 12/22/17 302, at 18.
268. Excerpts From The Times’s Interview With Trump, New York Times (July 19, 2017). Hicks recalled that the President told her he had never asked Comey to stay behind in his office. Hicks 12/8/17 302, at 12.
269. In a statement on May 16, 2017, the White House said: “While the President has repeatedly expressed his view that General Flynn is a decent man who served and protected our country, the President has never asked Mr. Comey or anyone else to end any investigation, including any investigation involving General Flynn. . . . This is not a truthful or accurate portrayal of the conversation between the President and Mr. Comey.” See Michael S. Schmidt, Comey Memorandum Says Trump Asked Him to End Flynn Investigation, New York Times (May 16, 2017) (quoting White House statement); @realDonaldTrump 12/3/17 (6:15 a.m. ET) Tweet (“I never asked Comey to stop investigating Flynn. Just more Fake News covering another Comey lie!”).
270. Priebus recalled that the President acknowledged telling Comey that Flynn was a good guy and he hoped “everything worked out for him.” Priebus 10/13/17 302, at 19. McGahn recalled that the President denied saying to Comey that he hoped Comey would let Flynn go, but added that he was “allowed to hope.” The President told McGahn he did not think he had crossed any lines. McGahn 12/14/17 302, at 8.
271. Rybicki 11/21/18 302, at 4; McCabe 8/17/17 302, at 13-14.
272. See Priebus 10/13/17 302, at 18; Sessions 1/17/18 302, at 6.
273. Sessions 1/17/18 302, at 1; Hunt 2/1/18 302, at 3.
274. E.g., Adam Entous et al., Sessions met with Russian envoy twice last year, encounters he later did not disclose, Washington Post (Mar. 1, 2017).
275. /1/17 Email, Comey to Rybicki; SCR012b_000030 (President’s Daily Diary, 3/1/17, reflecting call with Comey at 11:55 am.)
276. /1/17 Email, Comey to Rybicki; see Hearing on Russian Election Interference Before the Senate Select Intelligence Committee, 115th Cong. (June 8, 2017) (CQ Cong. Transcripts, at 86) (testimony of James B. Comey, former Director of the FBI) (“[H]e called me one day.. .. [H]e just called to check in and tell me I was doing an awesome job, and wanted to see how I was doing.”).
277. Comey 11/15/17 302, at 17-18.
278. McGahn 11/30/17 302, at 16.
279. McGahn 11/30/17 302, at 16-17; see SCAD00123 (Donaldson 3/2/17 Notes) (“Just in the middle of another Russia Fiasco.”).
280. Sessions 1/17/18 302, at 3.
281. McGahn 11/30/17 302, at 17.
282. McGahn 11/30/17 302, at 17.
283. McGahn 11/30/17 302, at 18-19; Sessions 1/17/18 302, at 3; Hunt 2/1/18 302, at 4; Donaldson 11/6/17 302, at 8-10; see Hunt-000017; SC_AD_00121 (Donaldson 3/2/17 Notes).
284. Sessions 1/17/18 302, at 3.
285. Attorney General Sessions Statement on Recusal, Department of Justice Press Release (Mar. 2, 2017) (“During the course of the last several weeks, I have met with the relevant senior career Department officials to discuss whether I should recuse myself from any matters arising from the campaigns for President of the United States. Having concluded those meetings today, I have decided to recuse myself from any existing or future investigations of any matters related in any way to the campaigns for President of the United States.”). At the time of Sessions’s recusal, Dana Boente, then the Acting Deputy Attorney General and U.S. Attorney for the Eastern District of Virginia, became the Acting Attorney General for campaign-related matters pursuant to an executive order specifying the order of succession at the Department of Justice. Id. (“Consistent with the succession order for the Department of Justice,. .. Dana Boente shall act as and perform the functions of the Attorney General with respect to any matters from which I have recused myself to the extent they exist.”); see Exec. Order No. 13775, 82 Fed. Reg. 10697 (Feb. 14, 2017).
286. Sessions 1/17/18 302, at 1-2. 28 C.F.R. § 45.2 provides that “no employee shall participate in a criminal investigation or prosecution if he has a personal or political relationship with . . . [a]ny person or organization substantially involved in the conduct that is the subject of the investigation or prosecution,” and defines “political relationship” as “a close identification with an elected official, a candidate (whether or not successful) for elective, public office, a political party, or a campaign organization, arising from service as a principal adviser thereto or a principal official thereof.”
287. Sessions 1/17/18 302, at 2.
288. Sessions 1/17/18 302, at 3.
289. Donaldson 11/6/17 302, at 11; SC_AD_00123 (Donaldson 3/2/17 Notes). It is not clear whether the President was aware of the White House Counsel’s Office direction not to contact Sessions about his recusal.
290. SC_AD_00123 (Donaldson 3/2/17 Notes). McGahn said he believed the note “No comms / Serious concerns about obstruction” may have referred to concerns McGahn had about the press team saying “crazy things” and trying to spin Sessions’s recusal in a way that would raise concerns about obstiuction. McGahn 11/30/17 302, at 19. Donaldson recalled that “No comms” referred to the order that no one should contact Sessions. Donaldson 11/6/17 302, at 11.
291. McGahn 12/12/17 302, at 2.
292. McGahn 12/12/17 302, at 2.
293. McGahn 12/12/17 302, at 2.
294. McGahn 12/12/17 302, at 2. Cohn had previously served as a lawyer for the President during his career as a private businessman. Priebus recalled that when the President talked about Cohn, he said Cohn would win cases for him that had no chance, and that Cohn had done incredible things for him. Priebus 4/3/18 302, at 5. Bannon recalled the President describing Cohn as a winner and a fixer, someone who got things done. Bannon 2/14/18 302, at 6.
295. McGahn 12/12/17 302, at 2.
296. McGahn 12/12/17 302, at 2.
297. McGahn 12/12/17 302, at 3. Bannon said the President saw Robert Kennedy and Eric Holder as Attorneys General who protected the presidents they served. The President thought Holder always stood up for President Obama and even took a contempt charge for him, and Robert Kennedy always had his brother’s back. Bannon 2/14/18 302, at 5. Priebus recalled that the President said he had been told his entire life he needed to have a great lawyer, a “bulldog,” and added that Holder had been willing to take a contempt-of-Congress charge for President Obama. Priebus 4/3/18 302, at 5.
298. McGahn 12/12/17 302, at 3.
299. Bannon 2/14/18 302, at 5.
300. Bannon 2/14/18 302, at 5.
301. Sessions 1/17/18 302, at 3; Hunt 2/1/18 302, at 5; McGahn 12/12/17 302, at 3.
302. Sessions 1/17/18 302, at 3-4.
303. Sessions 1/17/18 302, at 3-4
304. Sessions 1/17/18 302, at 3-4. Hicks recalled that after Sessions recused, the President was angry and scolded Sessions in her presence, but she could not remember exactly when that conversation occurred. Hicks 12/8/17 302, at 13.
305. SC_AD_000137 (Donaldson 3/5/17 Notes); see Donaldson 11/6/17 302, at 13.
306. Donaldson 11/6/17 302, at 14; see SCAD000168 (Donaldson 3/6/17 Notes) (“POTUS wants to call Dana [then the Acting Attorney General for campaign-related investigations] / Is investigation / No / We know something on Flynn / GSA got contacted by FBI / There’s something hot”).
307. Comey 11/15/17 302, at 13-14; SNS-Classified-0000140-44 (3/8/17 Email, Gauhar to Page et al.).
308. SCAD 00188 (Donaldson 3/12/18 Notes). Donaldson said she was not part of the conversation that led to these notes, and must have been told about it from others. Donaldson 11/6/17 302, at 13.
309. Donaldson 11/6/17 302, at 14-15. On March 16, 2017, the White House Counsel’s Office was briefed by Senator Burr on the existence of “4-5 targets.” Donaldson 11/6/17 302, at 15. The “targets” were identified in notes taken by Donaldson as “Flynn (FBI was in—wrapping up)-DOJ looking for phone records”; “Comey—>Manafort (Ukr + Russia, not campaign)”; Harm To Ongoing Matter (HOM) “Carter Page ($) game)”; and “Greek Guy” (potentially referring to George Papadopoulos, later charged with violating 18 U.S.C. § 1001 for lying to the FBI). SC_AD_00198 (Donaldson 3/16/17 Notes). Donaldson and McGahn both said they believed these were targets of SSCI. Donaldson 11/6/17 302, at 15; McGahn 12/12/17 302, at 4. But SSCI does not formally investigate individuals as “targets”; the notes on their face reference the FBI, the Department of Justice, and Comey; and the notes track the background materials prepared by the FBI for Comey’s briefing to the Gang of 8 on March 9. See SNS-Classified-0000140-44 (3/8/17 Email, Gauhar to Page et al.); see also Donaldson 11/6/17 302, at 15 (Donaldson could not rule out that Burr had told McGahn those individuals were the FBI’s targets).
310. Hearing on Russian Election Tampering Before the House Permanent Select Intelligence Committee, 115th Cong. (Mar. 20, 2017).
311. Comey 11/15/17 302, at 16; McCabe 8/17/17, at 15; McGahn 12/14/17 302, at 1.
312. Boente 1/31/18 302, at 5; Comey 11/15/17 302, at 16-17.
313. Hearing on Russian Election Tampering Before the House Permanent Select Intelligence Committee, 115th Cong. (Mar. 20, 2017) (CQ Cong. Transcripts, at 11) (testimony by FBI Director James B. Comey); Comey 11/15/17 302, at 17; Boente 1/31/18 302, at5 (confirming that the Department of Justice authorized Comey’s remarks).
314. Hearing on Russian Election Tampering Before the House Permanent Select Intelligence Committee, 115th Cong. (Mar. 20, 2017) (CQ Cong. Transcripts, at 11) (testimony by FBI Director James B. Comey).
315. Hearing on Russian Election Tampering Before the House Permanent Select Intelligence Committee, 115th Cong. (Mar. 20, 2017) (CQ Cong. Transcripts, at 130) (question by Rep. Swalwell).
316. Hearing on Russian Election Tampering Before the House Permanent Select Intelligence Committee, 115th Cong. (Mar. 20, 2017) (CQ Cong. Transcripts, at 130) (testimony by FBI Director James B. Comey).
317. Hearing on Russian Election Tampering Before the House Permanent Select Intelligence Committee, 115th Cong. (Mar. 20, 2017) (CQ Cong. Transcripts, at 143) (testimony by FBI Director James B. Comey).
318. Donaldson 11/6/17 302, at 21; McGahn 12/12/17 302, at 7.
319. Donaldson 11/6/17 302, at 21; McGahn 12/12/17 302, at 6-9.
320. McGahn 12/12/17 302, at 7.
321. E.g., Matt Apuzzo et al., F.B.I. Is Investigating Trump’s Russia Ties, Comey Confirms, New York Times (Mar. 20, 2017); Andy Greenberg. The FBI Has Been Investigating Trump’s Russia Ties Since July, Wired (Mar. 20, 2017); Julie Borger & Spencer Ackerman, Trump-Russia collusion is being investigated by FBI, Comey confirms, Guardian (Mar. 20, 2017); see Comey 1/6/17 Memorandum, at 2.
322. Donaldson 11/6/17 302, at 16-17; S. Miller 10/31/17 302, at 4; McGahn 12/12/17 302, at 5-7.
323. SC_AD_00213 (Donaldson 3/21/17 Notes). The notes from that day also indicate that the President referred to the “Comey bombshell” which “made [him] look like a fool.” SC_AD_00206 (Donaldson 3/21/17 Notes).
324. SC_AD 00210 (Donaldson 3/21/17 Notes).
325. SCR016 000002-05 (White House Counsel’s Office Memorandum). White House Counsel’s Office attorney Uttam Dhillon did not recall a triggering event causing the White House Counsel’s Office to begin this research. Dhillon 11/21/17 302, at 5. Metadata from the document, which was provided by the White House, establishes that it was created on March 21, 2017.
326. Donaldson 11/6/17 302, at 16-21; McGahn 12/12/17 302, at 5-7.
327. Boente 1/31/18 302, at 5.
328. Boente 1/31/18 302, at 5.
329. Boente 1/31/18 302, at 5.
330. Boente 1/31/18 302, at 5.
331. SC AD 00210 (Donaldson 3/21/17 Notes); McGahn 12/12/17 302, at 7; Donaldson 11/6/17 302, at 19.
332. McGahn 12/12/17 302, at 7; Burnham 11/03/17 302, at 11.
333. Boente 1/31/18 302, at 3.
334. Coats 6/14/17 302, at 3; Culver 6/14/17 302, at 2.
335. Coats 6/14/17 302, at 3.
336. Coats 6/14/17 302, at 3.
337. Pompeo 6/28/17 302, at 1-3.
338. Coats 6/14/17 302, at 3.
339. Dempsey 6/14/17 302, at 2.
340. Dempsey 6/14/17 302, at 2-3.
341. Dempsey 6/14/17 302, at 3.
342. Gistaro 6/14/17 302, at 2.
343. Culver 6/14/17 302, at 2-3.
344. Coats 6/14/17 302, at 4.
345. Coats 6/14/17 302, at 4; Dempsey 6/14/17 302, at 3 (Coats relayed that the President had asked several times what Coats could do to help “get [the investigation] done,” and Coats had repeatedly told the President that fastest way to “get it done” was to let it run its course).
346. Hearing on Foreign Intelligence Surveillance Act Before the Senate Select Intelligence Committee, 115th Cong. (June 7, 2017) (CQ Cong. Transcripts, at 25) (testimony by Daniel Coats, Director of National Intelligence).
347. Rogers 6/12/17 302, at 3-4.
348. Rogers 6/12/17 302, at 4.
349. Ledgett 6/13/17 302, at 1-2; .see Rogers 6/12/17 302, at 4.
350. Rogers 6/12/17 302, at 4-5; Ledgett 6/13/17 302, at 2.
351. Ledgett 6/13/17 302, at 2.
352. Ledgett 6/13/17 302, at 2-3; Rogers 6/12/17 302, at 4.
353. Rogers 6/12/17 302, at 5; Ledgett 6/13/17 302, at 2.
354. Hearing on Foreign Intelligence Surveillance Act Before the Senate Select Intelligence Committee, 115th Cong. (June 7, 2017) (CQ Cong. Transcripts, at 20) (testimony by Admiral Michael Rogers, Director of the National Security Agency).
355. Gistaro 6/14/17 302, at 1, 3; Pompeo 6/28/17 302, at 2-3.
356. Gistaro 6/14/17 302, at 1.
357. Pompeo 6/28/17 302, at 2.
358. Rogers 6/12/17 302, at 6.
359. Coats 6/14/17 302, at 3-4.
360. SCR012b_000044 (President’s Daily Diaiy, 3/30/17, reflecting call to Comey from 8:14 - 8:24 a.m.); Comey 3/30/17 Memorandum, at 1 (“The President called me on my CMS phone at 8:13 am today. . . . The call lasted 11 minutes (about 10 minutes when he was connected).”; Hearing on Russian Election Interference Before the Senate Select Intelligence Committee, 115th Cong. (June 8, 2017) (Statement for the Record of James B. Comey, former Director of the FBI, at 6).
361. Comey 3/30/17 Memorandum, at 1. Comey subsequently testified before Congress about this conversation and described it to our Office; his recollections were consistent with his memorandum. Hearing on Russian Election Interference Before the Senate Select Intelligence Committee, 115th Cong. (June 8, 2017) (Statement for the Record of James B. Comey, former Director of the FBI, at 6); Comey 11/15/17 302, at 18.
362. Comey 3/30/17 Memorandum, at 1; Comey 11/15/17 302, at 18.
363. Comey 3/30/17 Memorandum, at 1; Comey 11/15/17 302, at 18.
364. Comey 3/30/17 Memorandum, at 1; Hearing on Russian Election Interference Before the Senate Select Intelligence Committee, 115th Cong. (June 8, 2017) (Statement for the Record of James B. Comey, former Director of the FBI, at 6).
365. Comey 3/30/17 Memorandum, at 1; Hearing on Russian Election Interference Before the Senate Select Intelligence Committee, 115th Cong. (June 8, 2017) (Statement for the Record of James B. Comey, former Director of the FBI, at 6).
366. Comey 3/30/17 Memorandum, at 1; Hearing on Russian Election Interference Before the Senate Select Intelligence Committee, 115th Cong. (June 8, 2017) (Statement for the Record of James B. Comey, former Director of the FBI, at 6-7).
367. Comey 3/30/17 Memorandum, at 2; Boente 1/31/18 302, at 6-7; Hearing on Russian Election Interference Before the Senate Select Intelligence Committee, 115th Cong. (June 8, 2017) (Statement for the Record of James B. Comey, former Director of the FBI, at 7).
368. SCR012b_000053 (President’s Daily Diary, 4/11/17, reflecting call to Comey from 8:27-8:31 a.m.); Comey 4/11/17 Memorandum, at 1 (“I returned the president’s call this morning at 8:26 am EDT. We spoke for about four minutes.”).
369. Comey 4/11/17 Memorandum, at 1. Comey subsequently testified before Congress about this conversation and his recollections were consistent with his memo. Hearing on Russian Election Interference Before the Senate Select Intelligence Committee, 115th Cong. (June 8, 2017) (Statement for the Record of James B. Comey, former Director of the FBI, at 7).
370. Comey 4/11/17 Memorandum, at 1.
371. Comey 4/11/17 Memorandum, at 1.
372. Comey 4/11/17 Memorandum, at 1. In a footnote to this statement in his memorandum, Comey wrote, “His use of these words did not fit with the flow of the call, which at that point had moved away from any request of me, but I have recorded it here as it happened.”
373. Maria Bartiromo, Interview with President Trump, Fox Business Network (Apr. 12, 2017); SCRO12b_000054 (President’s Daily Diary, 4/11/17, reflecting Bartiromo interview from 12:30 - 12:55 p.m.).
374. Hicks 12/8/17 302, at 13.
375. Priebus 10/13/17 302, at 23; McGahn 12/12/17 302, at 9.
376. Priebus 10/13/17 302, at 23; McGahn 12/12/17 302, at 9; see McGahn 11/30/17 302, at 9; Dhillon 11/21/17 302, at 2 (stating that White House Counsel attorneys had advised the President not to contact the FBI Director directly because it could create a perception he was interfering with investigations). Later in April, the President told other attorneys in the White House Counsel’s Office that he had called Comey even though he knew they had advised against direct contact. Dhillon 11/21/17 302, at 2 (recalling that the President said, “I know you told me not to, but I called Comey anyway.”).
377. McGahn 12/12/17 302, at 9.
378. McGahn 12/12/17 302, at 9.
379. McGahn 12/12/17 302, at 9; see Boente 1/31/18 302, at 6 (recalling that Comey told him after the March 30, 2017 call that it was not obstructive).
380. McGahn 12/12/17 302, at 9-10.
381. Boente 1/31/18 302, at 7; McGahn 12/12/17 302, at 9.
382. Boente 1/31/18 302, at 7.
383. Hearing on Oversight of the FBI before the Senate Judiciary Committee, 115th Cong. (May 3, 2017).
384. McGahn 12/12/17 302, at 10-11.
385. McGahn 12/12/17 302, at 7, 10-11 (McGahn believed that two foreign leaders had expressed sympathy to the President for being under investigation); SC_AD_00265 (Donaldson 4/11/17 Notes) (“P Called Comey - Day we told him not to? ‘You are not under investigation’ NK/China/Sapping Credibility”).
386. Hearing on FBI Oversight Before the Senate Judiciary Committee, 115th Cong. (CQ Cong. Transcripts, at 70) (May 3, 2017) (testimony by FBI Director James Comey). Comey repeated this point several times during his testimony. See id. at 26 (explaining that he was “not going to say another peep about [the investigation] until we’re done”); id. at 90 (stating that he would not provide any updates about the status of investigation “before the matter is concluded”).
387. Hearing on FBI Oversight Before the Senate Judiciary Committee, 115th Cong. (May 3, 2017) (CQ Cong. Transcripts, at 87-88) (questions by Sen. Blumenthal and testimony by FBI Director James B. Comey).
388. Hearing on FBI Oversight Before the Senate Judiciary Committee, 115th Cong. (May 3, 2017) (CQ Cong. Transcripts, at 15) (question by Sen. Feinstein).
389. Hearing on FBI Oversight Before the Senate Judiciary Committee, 115th Cong. (May 3, 2017) (CQ Cong. Transcripts, at 17) (testimony by FBI Director James B. Comey).
390. Hearing on FBI Oversight Before the Senate Judiciary Committee, 115th Cong. (May 3, 2017) (CQ Cong. Transcripts, at 92) (testimony by FBI Director James B. Comey).
391. Sessions 1/17/18 302, at 8; Hunt 2/1/18 302, at 8.
392. Sessions 1/17/18 302, at 8; Hunt-000021 (Hunt 5/3/17 Notes); McGahn 3/8/18 302, at 6.
393. Sessions 1/17/18 302, at 8-9.
394. Hunt-000021 (Hunt 5/3/17 Notes). Hunt said that he wrote down notes describing this meeting and others with the President after the events occurred. Hunt 2/1/17 302, at 2.
395. Hunt-000021-22 (Hunt 5/3/17 Notes) (“I have foreign leaders saying they are sorry I am being investigated.”); Sessions 1/17/18 302, at 8 (Sessions recalled that a Chinese leader had said to the President that he was sorry the President was under investigation, which the President interpreted as undermining his authority); Hunt 2/1/18 302, at 8.
396. Sessions 1/17/18 302, at 8; Hunt-000022 (Hunt 5/3/17 Notes).
397. Hunt-000022 (Hunt 5/3/17 Notes).
398. Sessions 1/17/18 302, at 9.
399. Bannon 2/12/18 302, at 20.
400. Bannon 2/12/18 302, at 20.
401. Bannon 2/12/18 302, at 20.
402. Bannon 2/12/18 302, at 20-21; see Priebus 10/13/17 302, at 28.
403. S. Miller 10/31/17 302, at 4-5; SCR025_000019 (President’s Daily Diary, 5/4/17).
404. S. Miller 10/31/17 302, at 5.
405. S. Miller 10/31/17 302, at 5-6.
406. S. Miller 5/5/17 Notes, at 1;see S. Miller 10/31/17 302, at 8.
407. S. Miller 10/31/17 302, at 6.
408. S. Miller 10/31/17 302, at 6-8.
409. S. Miller 10/31/17 302, at 7. Miller said he did not want Priebus to be blindsided, so on Sunday night he called Priebus to tell him that the President had been thinking about the “Comey situation” and there would be an important discussion on Monday. S. Miller 10/31/17 302, at 7.
410. S. Miller 10/31/17 302, at 8.
411. S. Miller 10/31/17 302, at 8.
412. S. Miller 10/31/17 302, at 10.
413. SCR013c_000003-06 (Draft Termination Letter to FBI Director Comey).
414. SCR013c_000003-06 (Draft Termination Letter to FBI Director Comey). Kushner said that the termination letter reflected the reasons the President wanted to fire Comey and was the truest representation of what the President had said during the May 5 dinner. Kushner 4/11/18 302, at 25.
415. SCR013c_000003 (Draft Termination Letter to FBI Director Comey).
416. McGahn 12/12/17 302, at 11; Priebus 10/13/17 302, at 24; S. Miller 10/31/17 302, at 11; Dhillon 11/21/17 302, at 6; Eisenberg 11/29/17 302, at 13.
417. S. Miller 10/31/17 302, at 11 (observing that the President started the meeting by saying, “I’m going to read you a letter. Don’t talk me out of this. I’ve made my decision.”); Dhillon 11/21/17 302, at 6 (the President announced in an irreversible way that he was firing Comey); Eisenberg 11/29/17 302, at 13 (the President did not leave whether or not to fire Comey up for discussion); Priebus 10/13/17 302, at 25; McGahn 12/12/17 302, at 11-12.
418. Dhillon 302 11/21/17, at 6; Eisenberg 11/29/17 302, at 13; McGahn 12/12/17 302, at 11.
419. McGahn 12/12/17 302, at 12, 13; S. Miller 10/31/17 302, at 11; Dhillon 11/21/17 302, at 7. Because of the Attorney General’s recusal, Rosenstein became the Acting Attorney General for the Russia investigation upon his confirmation as Deputy Attorney General. See 28 U.S.C. § 508(a) (“In case of a vacancy in the office of Attorney General, or of his absence or disability, the Deputy Attorney General may exercise all the duties of that office”).
420. McGahn 12/12/17 302, at 12.
421. Dhillon 11/21/17 302, at 7; McGahn 12/12/17 302, at 13; Gauhar-000056 (Gauhar 5/16/17 Notes); see Gauhar-000056-72 (2/11/19 Memorandum to File attaching Gauhar handwritten notes) (“Ms. Gauhar determined that she likely recorded all these notes during one or more meetings on Tuesday, May 16, 2017.”).
422. McGahn 12/12/17 302, at 13; see Gauhar-000056 (Gauhar 5/16/17 Notes).
423. Dhillon 11/21/17 302, at 7-9; Sessions 1/17/18 302, at 9; McGahn 12/12/17 302, at 13.
424. McGahn 12/12/17 302, at 13; Dhillon 11/21/17 302, at 9.
425. Hunt-000026 (Hunt 5/8/17 Notes); see Gauhar-000057 (Gauhar 5/16/17 Notes).
426. Rosenstein 5/23/17 302, at 2; McGahn 12/12/17 302, at 14; see Gauhar-000057 (Gauhar 5/16/17 Notes).
427. Hunt-000026-27 (Hunt 5/8/17 Notes).
428. Sessions 1/17/18 302, at 10; see Gauhar-000058 (Gauhar 5/16/17 Notes) (“POTUS to AG: What is your rec?”).
429. Hunt-000027 (Hunt 5/8/17 Notes).
430. McGahn 12/12/17 302, at 14; Dhillon 11/21/17 302, at 7.
431. Hunt-000028 (Hunt 5/8/17 Notes).
432. McGahn 12/12/17 302, at 13.
433. Hunt-000028-29 (Hunt 5/8/17 Notes).
434. McCabe 9/26/17 302, at 13; Rosenstein 5/23/17 302, at 2; see Gauhar-000059 (Gauhar 5/16/17 Notes) (“POTUS tells DAG to write a memo”).
435. Hunt-000028-29 (Hunt 5/8/17 Notes) (“POTUS asked if Rod’s recommendation would include the fact that although Comey talks about the investigation he refuses to say that the President is not under investigation. . . . So it would be good if your recommendation would make mention of the fact that Comey refuses to say public[ly] what he said privately 3 times.”).
436. Gauhar-000059 (Gauhar 5/16/17 Notes).
437. Sessions 1/17/18 302 at 10; McCabe 9/26/17 302, at 13; see Gauhar-000059 (Gauhar 5/16/17 Notes).
438. Gauhar-000059 (Gauhar 5/16/17 Notes); McCabe 5/16/17 Memorandum 1; McCabe 9/26/17 302, at 13.
439. Rosenstein 5/23/17 302, at 2; Gauhar-000059 (Gauhar 5/16/17 Notes) (“DAG reasons not their reasons [POTUS]”); Gauhar-000060 (Gauhar 5/16/17 Notes) (“1st draft had a recommendation. Took it out b/c knew decision had already been made.”).
440. Rosenstein 5/23/17 302, at 4; McGahn 12/12/17 302, at 15; 5/9/17 Letter, Sessions to President Trump (“Based on my evaluation, and for the reasons expressed by the Deputy Attorney General in the attached memorandum, I have concluded that a fresh start is needed at the leadership of the FBI.”); 5/9/17 Memorandum, Rosenstein to Sessions (concluding with, “The way the Director handled the conclusion of the email investigation was wrong. As a result, the FBI is unlikely to regain public and congressional trust until it has a Director who understands the gravity of the mistakes and pledges never to repeat them. Having refused to admit his errors, the Director cannot be expected to implement the necessary corrective actions.”).
441. S. Miller 10/31/17 302, at 12; McGahn 12/12/17 302, at 15; Hunt-000031 (Hunt 5/9/17 Notes).
442. SC_AD_00342 (Donaldson 5/9/17 Notes). Donaldson also wrote “[i]s this the beginning of the end?” because she was worried that the decision to terminate Comey and the manner in which it was carried out would be the end of the presidency. Donaldson 11/6/17 302, at 25.
443. S. Miller 10/31/17 302, at 12; McGahn 12/12/17 302, at 15; Hunt-000032 (Hunt 5/9/17 Notes).
444. McGahn 12/12/17 302, at 15; S. Miller 10/31/17 302, at 12; Dhillon 11/21/17 302, at 8, 10; Priebus 10/13/17 302, at 27; Hunt 2/1/18 302, at 14-15; Hunt-000032 (Hunt 5/9/17 Notes).
445. Dhillon 11/21/17 302, at 10; Eisenberg 11/29/17 302, at 15 (providing the view that the President’s desire to include the language about not being under investigation was the “driving animus of the whole thing”); Burnham 11/3/17 302, at 16 (Burnham knew the only line the President cared about was the line that said Comey advised the President on three separate occasions that the President was not under investigation). According to Hunt’s notes, the reference to Comey’s statement would indicate that “notwithstanding” Comey’s having informed the President that he was not under investigation, the President was terminating Comey. Hunt-000032 (Hunt 5/9/17 Notes). McGahn said he believed the President wanted the language included so that people would not think that the President had terminated Comey because the President was under investigation. McGahn 12/12/17 302, at 15.
446. McGahn 12/12/17 302, at 15; Donaldson 11/6/17 302, at 25; see SC_AD_00342 (Donaldson 5/9/17 Notes) (“Resign vs. Removal. - POTUS/removal.”).
447. Spicer 10/16/17 302, at 9; McGahn 12/12/17 302, at 16.
448. Priebus 10/13/17 302, at 28.
449. Statement of the Press Secretary, The White House, Office of the Press Secretary (May 9, 2017).
450. McCabe 9/26/17 302, at 4; SCR025 000044 (President’s Daily Diary, 5/9/17); McCabe 5/10/17 Memorandum, at 1.
451. McCabe 9/26/17 302, at 5; McCabe 5/10/17 Memorandum, at 1.
452. McCabe 9/26/17 302, at 5; McCabe 5/10/17. Memorandum, at 1-2.
453. McCabe 9/26/17 302, at 5; McCabe 5/10/17. Memorandum, at 1-2.
454. McCabe 9/26/17 302, at 5; McCabe 5/10/17. Memorandum, at 1-2.
455. Spicer 10/16/17 302, at 11; Hicks 12/8/17, at 18; Sanders 7/3/18 302, at 2.
456. Christie 2/13/19 302, at 6.
457. Christie 2/13/19 302, at 6.
458. Christie 2/13/19 302, at 6.
459. Christie 2/13/19 302, at 6.
460. Christie 2/13/19 302, at 6.
461. Gauhar-000071 (Gauhar 5/16/17 Notes); Page Memorandum, at 3 (recording events of 5/16/17); McCabe 9/26/17 302, at 14.
462. Rosenstein 5/23/17 302, at 4-5; Gauhar-000059 (Gauhar 5/16/17 Notes).
463. Rosenstein 5/23/17 302, at 4-5; Gauhar-000071 (Gauhar 5/16/17 Notes).
464. Gauhar-000071 (Gauhar 5/16/17 Notes). DOJ notes from the week of Comey’s firing indicate that Priebus was “screaming” at the DOJ public affairs office trying to get Rosenstein to do a press conference, and the DOJ public affairs office told Priebus that Rosenstein had told the President he was not doing it. Gauhar-000071-72 (Gauhar 5/16/17 Notes).
465. McGahn 12/12/17 302, at 16-17; Donaldson 11/6/17 302, at 26-27; Dhillon 11/21/17 302, at 11.
466. Jenna Johnson, After Trump fired Comey, White House staff scrambled to explain why, Washington Post (May 10, 2017) (quoting Spicer).
467. See, e.g., Sarah Sanders, White House Daily Briefing, C-SPAN (May 10, 2017); SCR013 001088 (5/10/17 Email, Hemming to Cheung et al.) (internal White House email describing comments on the Comey termination by Vice President Pence).
468. SCR08_000353 (5/9/17 White House Document, “Working Visit with Foreign Minister Sergey Lavrov of Russia”); SCR08_001274 (5/10/17 Email, Ciaramella to Kelly et al.). The meeting had been planned on May 2, 2017, during a telephone call between the President and Russian President Vladimir Putin, and the meeting date was confirmed on May 5, 2017, the same day the President dictated ideas for the Comey termination letter to Stephen Miller. SCR08_001274 (5/10/17 Email, Ciaramella to Kelly et al.).
469. Matt Apuzzo et al., Trump Told Russians That Firing “Nut Job ” Comey Eased Pressure From Investigation, New York Times (May 19, 2017).
470. SCR08_002117 (5/19/17 Email, Walters to Farhi (CBS News)); see Spicer 10/16/17 302, at 13 (noting he would have been told to “clean it up” if the reporting on the meeting with the Russian Foreign Minister was inaccurate, but he was never told to correct the reporting); Hicks 12/8/17 302, at 19 (recalling that the President never denied making the statements attributed to him in the Lavrov meeting and that the President had said similar things about Comey in an off-the-record meeting with reporters on May 18,2017, calling Comey a “nut job” and “crazy”).
471. Hicks 12/8/17 302, at 19.
472. McGahn 12/12/17 302, at 18.
473. SCR025 000046 (President’s Daily Diary, 5/10/17); McCabe 5/10/17 Memorandum, at 1.
474. McCabe 5/10/17 Memorandum, at 1.
475. McCabe 5/10/17 Memorandum, at 1.
476. McCabe 5/10/17 Memorandum, at 1; Rybicki 6/13/17 302, at 2. Comey had been visiting the FBI’s Los Angeles office when he found out he had been terminated. Comey 11/15/17 302, at 22.
477. McCabe 5/10/17 Memorandum, at 1-2. McCabe’s memorandum documenting his meeting with the President is consistent with notes taken by the White House Counsel’s Office. See SC AD 00347 (Donaldson 5/10/17 Notes).
478. Sanders 7/3/18 302, at 4; Sarah Sanders, White House Daily Briefing, C-SPAN (May 10, 2017).
479. Sarah Sanders, White House Daily Briefing, C-SPAN (May 10, 2017); Sanders 7/3/18 302, at 4.
480. Sarah Sanders, White House Daily Briefing, C-SPAN (May 10, 2017).
481. Sanders 7/3/18 302, at 4.
482. Sanders 7/3/18 302, at 4.
483. Sanders 7/3/18 302, at 3.
484. McGahn 12/12/17 302, at 16-17; Donaldson 11/6/17 302, at 26; see Dhillon 11/21/17 302, at 11.
485. Donaldson 11/6/17 302, at 27.
486. McGahn 12/12/17 302, at 17.
487. Dhillon 11/21/17 302, at 11.
488. Interview with President Donald Trump, NBC (May 11,2017) Transcript, at 2.
489. Interview with President Donald Trump, NBC (May 11,2017) Transcript, at 2.
490. Interview with President Donald Trump, NBC (May 11, 2017) Transcript, at 3.
491. Interview with President Donald Trump, NBC (May 11, 2017) Transcript, at 3.
492. Interview with President Donald Trump, NBC (May 11,2017) Transcript, at 1, 5.
493. Interview with President Donald Trump, NBC (May 11, 2017) Transcript, at 7.
494. @realDonaldTrump 5/11/17 (4:34 p.m. ET) Tweet.
495. Michael S. Schmidt, In a Private Dinner, Trump Demanded Loyalty. Comey Demurred., New York Times (May 11, 2017).
496. @realDonaldTrump 5/12/17 (7:51 a.m. ET) Tweet.
497. @realDonaldTrump 5/12/17 (8:26 a.m. ET) Tweet; @realDonaldTrump 5/12/17 (8:54 a.m. ET)
498. See Volume II, Section II.K.l, infra.
499. See Volume I, Section III.D. 1, supra.
500. In addition to whether the President had a motive related to Russia-related matters that an FBI investigation could uncover, we considered whether the President’s intent in firing Comey was connected to other conduct that could come to light as a result of the FBI’s Russian-interference investigation. In particular, Michael Cohen was a potential subject of investigation because of his pursuit of the Trump Tower Moscow project and involvement in other activities. And facts uncovered in the Russia investigation, which our Office referred to the U.S. Attorney’s Office for the Southern District of New York, ultimately led to the conviction of Cohen in the Southern District of New York for campaign-finance offenses related to payments he said he made at the direction of the President. See Volume II, Section II.K.5, infra. The investigation, however, did not establish that when the President fired Comey, he was considering the possibility that the FBI’s investigation would uncover these payments or that the President’s intent in firing Comey was otherwise connected to a concern about these matters coming to light.
501. Office of the Deputy Attorney General, Order No. 3915-2017, Appointment of Special Counsel to Investigate Russian Interference with the 2016 Presidential Election and Related Matters (May 17, 2017).
502. Sessions 1/17/18 302, at 13; Hunt 2/1/18 302, at 18; McGahn 12/14/17 302, at 4; Hunt-000039 (Hunt 5/17/17 Notes).
503. Sessions 1/17/18 302, at 13; Hunt 2/1/18 302, at 18; McGahn 12/14/17 302, at 4; Hunt-000039 (Hunt 5/17/17 Notes).
504. Hunt-000039 (Hunt 5/17/17 Notes).
505. Hunt-000039 (Hunt 5/17/17 Notes); Sessions 1/17/18 302, at 13-14.
506. Hunt-000040; see Sessions 1/17/18 302, at 14.
507. Sessions 1/17/18 302, at 14.
508. Hunt-000040 (Hunt 5/17/17 Notes); see Sessions 1/17/18 302, at 14. Early the next morning, the President tweeted, “This is the single greatest witch hunt of a politician in American history!” @realDonaldTrump 5/18/17 (7:52 a.m. ET) Tweet.
509. Hunt-000041 (Hunt 5/17/17 Notes); Sessions 1/17/18 302, at 14.
510. Hunt-000041 (Hunt 5/17/17 Notes); Sessions 1/17/18 302, at 14.
511. Hicks 12/8/17 302, at 21.
512. Hicks 12/8/17 302, at 21. The Access Hollywood tape was released on October 7, 2016, as discussed in Volume I, Section III.D.l, supra.
513. McGahn 12/14/17 302, at 9; SCR015_000175-82 (Undated Draft Memoranda to White House Staff).
514. McGahn 12/14/17 302, at 9; SCR015 000175-82 (Undated Draft Memoranda to White House Staff). The White House Counsel’s Office had previously issued a document hold on February 27, 2017. SCR015_000171 (2/17/17 Memorandum from McGahn to Executive Office of the President Staff).
515. Hunt-000047 (Hunt 5/18/17 Notes); 5/18/17 Letter, Sessions to President Trump (resigning as Attorney General).
516. Hunt-000047-49 (Hunt 5/18/17 Notes); Sessions 1/17/18 302, at 14.
517. Hunt-000047-49 (Hunt 5/18/17 Notes); Sessions 1/17/18 302, at 14.
518. Hunt-000048-49 (Hunt 5/18/17 Notes); Sessions 1/17/18 302, at 14.
519. Sessions 1/17/18 302, at 14.
520. Hunt-000049 (Hunt 5/18/17 Notes).
521. Hunt-000050-51 (Hunt 5/18/17 Notes).
522. Hunt-000050 (Hunt 5/18/17 Notes); Priebus 10/13/17 302, at 21; Hunt 2/1/18 302, at 21.
523. Hunt-000051 (Hunt 5/18/17 Notes).
524. SCR026 000110 (President’s Daily Diary, 5/19/17).
525. Hicks 12/8/17 302, at 22.
526. Priebus 10/13/17 302, at 21. Hunt’s notes state that when Priebus returned from the trip, Priebus told Hunt that the President was supposed to have given him the letter, but when he asked for it, the President “slapped the desk” and said he had forgotten it back at the hotel. Hunt-000052 (Hunt Notes, undated).
527. Hunt-000052-53 (Hunt 5/30/17 Notes); 5/18/17 Letter, Sessions to President Trump (resignation letter). Robert Porter, who was the White House Staff Secretary at the time, said that in the days after the President returned from the Middle East trip, the President took Sessions’s letter out of a drawer in the Oval Office and showed it to Porter. Porter 4/13/18 302, at 8. 3 lines redacted Personal Privacy (PP)
528. Priebus 1/18/18 302, at 12; Bannon 2/14/18 302, at 10; McGahn 3/8/18 302, at 1; McGahn 12/14/17 302, at 10; Bannon 10/26/18 302, at 12.
529. Priebus 1/18/18 302, at 12; Bannon 2/14/18 302, at 10. In October 2011, Mueller resigned his family’s membership from Trump National Golf Club in Sterling, Virginia, in a letter that noted that “we live in the District and find that we are unable to make full use of the Club” and that inquired “whether we would be entitled to a refund of a portion of our initial membership fee,” which was paid in 1994. 10/12/11 Letter, Muellers to Trump National Golf Club. About two weeks later, the controller of the club responded that the Muellers’ resignation would be effective October 31, 2011, and that they would be “placed on a waitlist to be refunded on a first resigned / first refunded basis” in accordance with the club’s legal documents. 10/27/11 Letter, Muellers to Trump National Golf Club. The Muellers have not had further contact with the club.
530. Priebus 4/3/18 302, at 3; Bannon 10/26/18 302, at 13 (confirming that he, Priebus, and McGahn pushed back on the asserted conflicts).
531. Bannon 10/26/18 302, at 12-13.
532. Bannon 10/26/18 302, at 12.
533. Bannon 10/26/18 302, at 12.
534. Bannon 10/26/18 302, at 12.
535. Bannon 10/26/18 302, at 13.
536. Bannon 10/26/18 302, at 12.
537. Matt Zapotosky & Matea Gold, Justice Department ethics experts clear Mueller to lead Russia probe, Washington Post (May 23, 2017).
538. McGahn 3/8/18 302, at 1; McGahn 12/14/17 302, at 10; Priebus 1/18/18 302, at 12.
539. McGahn 3/8/18 302, at 1. McGahn and Donaldson said that after the appointment of the Special Counsel, they considered themselves potential fact witnesses and accordingly told the President that inquiries related to the investigation should be brought to his personal counsel. McGahn 12/14/17 302, at 7; Donaldson 4/2/18 302, at 5.
540. SC_AD_00361 (Donaldson 5/31/17 Notes).
541. SC_AD_00361 (Donaldson 5/31/17 Notes).
542. SC AD 00361 (Donaldson 5/31/17 Notes).
543. See, e.g, Michael S. Schmidt, In a Private Dinner, Trump Demanded Loyalty. Comey Demurred., New York Times (May 11, 2017); Michael S. Schmidt, Comey Memorandum Says Trump Asked Him to End
544. Hearing on Russian Election Interference Before the Senate Select Intelligence Committee, 115th Cong. (June 8, 2017) (Statement for the Record of James B. Comey, former Director of the FBI, at 5-6). Comey testified that he deliberately caused his memorandum documenting the February 14, 2017 meeting to be leaked to the New York Times in response to a tweet from the President, sent on May 12, 2017, that stated “James Comey better hope that there are no ‘tapes’ of our conversations before he starts leaking to the press!,” and because he thought sharing the memorandum with a reporter “might prompt the appointment of a special counsel.” Hearing on Russian Election Interference Before the Senate Select Intelligence Committee, 115th Cong. (June 8, 2017) (CQ Cong. Transcripts, at 55) (testimony by James B. Comey, former Director of the FBI).
545. See, e.g., Matt Zapotosky, Comey lays out the case that Trump obstructed justice, Washington Post (June 8, 2017) (“Legal analysts said Comey’s testimony clarified and bolstered the case that the president obstructed justice.”).
546. /9/17 Email, Special Counsel’s Office to the White House Counsel’s Office. This Office made the notification to give the White House an opportunity to invoke executive privilege in advance of the interviews. On June 12, 2017, the Special Counsel’s Office interviewed Admiral Rogers in the presence of agency counsel. Rogers 6/12/17 302, at 1. On June 13, the Special Counsel’s Office interviewed Ledgett. Ledgett 6/13/17 302, at 1. On June 14, the Office interviewed Coats and other personnel from his office. Coats 6/14/17 302, at 1; Gistaro 6/14/17 302, at 1; Culver 6/14/17 302, at 1.
547. Ruddy 6/6/18 302, at 5.
548. Ruddy 6/6/18 302, at 5-6.
549. Ruddy 6/6/18 302, at 6.
550. Ruddy 6/6/18 302, at 6.
551. Trump Confidant Christopher Ruddy says Mueller has “real conflicts ” as special counsel, PBS (June 12, 2017); Michael D. Shear & Maggie Haberman, Friend Says Trump Is Considering Firing Mueller as Special Counsel, New York Times (June 12, 2017).
552. Katherine Faulders & Veronica Stracqualursi, Trump friend Chris Ruddy says Spicer’s ‘bizarre’statement doesn’t deny claim Trump seeking Mueller firing, ABC (June 13, 2017).
553. See, e.g, Michael D. Shear & Maggie Haberman, Friend Says Trump Is Considering Firing Mueller as Special Counsel, New York Times (June 12, 2017).
554. Ruddy 6/6/18 302, at 6-7.
555. Sanders 7/3/18 302, at 6-7.
556. Glenn Thrush et al.. Trump Stews, Staff Steps In, and Mueller Is Safe for Now, New York Times (June 13, 2017); see Sanders 7/3/18 302, at 6 (Sanders spoke with the President directly before speaking to the press on Air Force One and the answer she gave is the answer the President told her to give).
557. Special Counsel’s Office Attorney 6/13/17 Notes.
558. Special Counsel’s Office Attorney 6/13/17 Notes.
559. Hearing on Fiscal 2018 Justice Department Budget before the Senate Appropriations Subcommittee on Commerce, Justice, and Science, 115th Cong. (June 13, 2017) (CQ Cong. Transcripts, at 14) (testimony by Rod Rosenstein, Deputy Attorney General).
560. Special Counsel’s Office Attorney 6/15/17 Notes.
561. Devlin Barrett et al., Special counsel is investigating Trump for possible obstruction of justice, officials say, Washington Post (June 14, 2017).
562. CNN, for example, began running a chyron at 6:55 p.m. that stated: “WASH POST: MUELLER INVESTIGATING TRUMP FOR OBSTRUCTION OF JUSTICE.” CNN, (June 14, 2017, published online at 7:15 p.m. ET).
563. Devlin Barrett et al., Special counsel is investigating Trump for possible obstruction of justice, officials say, Washington Post (June 14, 2017).
564. SCR026 000183 (President’s Daily Diary, 6/14/17) (reflecting call from the President to McGahn on 6/14/17 with start time 10:31 p.m. and end time 10:46 p.m.); Call Records of Don McGahn.
565. McGahn 2/28/19 302, at 1-2. McGahn thought he and the President also probably talked about the investiture ceremony for Supreme Court Justice Neil Gorsuch, which was scheduled for the following day. McGahn 2/28/18 302, at 2.
566. @realDonaldTrump 6/15/17 (6:55 a.m. ET) Tweet.
567. @realDonaldTrump 6/15/17 (7:57 a.m. ET) Tweet.
568. @realDonaldTrump 6/15/17 (3:56 p.m. ET) Tweet.
569. @realDonaldTrump 6/16/17 (7:53 a.m. ET) Tweet.
570. @realDonaldTrump 6/16/17 (9:07 a.m. ET) Tweet.
571. McGahn 3/8/18 302, at 1-2; McGahn 12/14/17 302, at 10.
572. McGahn 3/8/18 302, at 1, 3; SCR026_000196 (President’s Daily Diary, 6/17/17) (records showing President departed the White House at 11:07 a.m. on June 17, 2017, and arrived at Camp David at II :37 a.m.).
573. McGahn 3/8/18 302, at 1-2; McGahn 12/14/17 302, at 10. Phone records show that the President called McGahn in the afternoon on June 17, 2017, and they spoke for approximately 23 minutes. SCR026_000196 (President’s Daily Diary, 6/17/17) (reflecting call from the President to McGahn on 6/17/17 with start time 2:23 p.m. and end time 2:46 p.m.); (Call Records of Don McGahn). Phone records do not show another call between McGahn and the President that day. Although McGahn recalled receiving multiple calls from the President on the same day, in light of the phone records he thought it was possible that the first call instead occurred on June 14, 2017, shortly after the press reported that the President was under investigation for obstruction of justice. McGahn 2/28/19 302, at 1-3. While McGahn was not certain of the specific dates of the calls, McGahn was confident that he had at least two phone conversations with the President in which the President directed him to call the Acting Attorney General to have the Special Counsel removed. McGahn 2/28/19 302, at 1-3.
574. McGahn 3/8/18 302, at 1.
575. McGahn 3/8/18 302, at 1.
576. McGahn 3/8/18 302, at 1.
577. McGahn 3/8/18 302, at 1-2.
578. McGahn 3/8/18 302, at 1-2.
579. McGahn 3/8/18 302, at 2.
580. McGahn 3/8/18 302, at 2.
581. McGahn 3/8/18 302, at 5.
582. McGahn 3/8/18 302, at 2, 5; McGahn 2/28/19 302, at 3.
583. McGahn 3/8/18 302, at 1-2, 5.
584. McGahn 3/8/18 302, at 2.
585. McGahn 2/28/19 302, at 3; McGahn 3/8/18 302, at 2.
586. McGahn 3/8/18 302, at 2.
587. McGahn 3/8/18 302, at 2.
588. McGahn 3/8/18 302, at 2-3; McGahn 2/28/19 302, at 3; Donaldson 4/2/18 302, at 4; Call Records of Don McGahn.
589. McGahn 3/8/18 302, at 2; Donaldson 4/2/18 302, at 4.
590. Donaldson 4/2/18 302, at 4.
591. Donaldson 4/2/18 302, at 4.
592. McGahn 2/28/19 302, at 3-4; Donaldson 4/2/18 302, at 4-5. Donaldson said she believed McGahn consciously did not share details with her because he did not want to drag her into the investigation. Donaldson 4/2/18 302, at 5; see McGahn 2/28/19 302, at 3.
593. Donaldson 4/2/18 302, at 5.
594. McGahn 12/14/17 302, at 10; Call Records of Don McGahn; McGahn 2/28/19 302, at 3-4; Priebus 4/3/18 302, at 6-7.
595. McGahn 2/28/19 302, at 4. Priebus and Bannon confirmed that McGahn did not tell them the specific details of the President’s request. Priebus 4/3/18 302, at 7; Bannon 2/14/18 302, at 10.
596. Priebus 4/3/18 302, at 7.
597. McGahn 3/8/18 302, at 3; McGahn 2/28/19 302, at 3-4.
598. McGahn 3/8/18 302, at 3.
599. Christie 2/13/19 302, at 7. Christie did not recall the precise date of this call, but believed it was after Christopher Wray was announced as the nominee to be the new FBI director, which was on June 7, Christie 2/13/19 302, at 7. Telephone records show that the President called Christie twice after that time period, on July 4, 2017, and July 14, 2017. Call Records of Chris Christie.
600. Christie 2/13/19 302, at 7.
601. When this Office first interviewed McGahn about this topic, he was reluctant to share detailed information about what had occurred and only did so after continued questioning. See McGahn 12/14/17 302 (agent notes).
602. See, e.g., Evan Perez et al., CNN exclusive: Grand jury subpoenas issued in FBI’s Russia investigation, CNN (May 9, 2017); Matt Ford, Why Mueller Is Taking Over the Michael Flynn Grand Jury, The Atlantic (June 2, 2017).
603. Lewandowski 4/6/18 302, at 2; SCR026 000201 (President’s Daily Diary, 6/19/17). 3 lines redacted Personal Privacy (PP)
604. Kelly 8/2/18 302, at 7; Dearborn 6/20/18 302, at 1 (describing Lewandowski as a “comfort to the President” whose loyalty was appreciated). Kelly said that when he was Chief of Staff and the President had meetings with friends like Lewandowski, Kelly tried not to be there and to push the meetings to the residence to create distance from the West Wing. Kelly 8/2/18 302, at 7.
605. Lewandowski 4/6/18 302, at 2.
606. Lewandowski 4/6/18 302, at 2.
607. Lewandowski 4/6/18 302, at 2.
608. Lewandowski 4/6/18 302, at 3.
609. Lewandowski 4/6/18 302, at 2-3; Lewandowski 6/19/17 Notes, at 1-2.
610. Lewandowski 4/6/18 302, at 3; Lewandowski 6/19/17 Notes, at 3.
611. Lewandowski 4/6/18 302, at 3; Lewandowski 6/19/17 Notes, at 4.
612. Lewandowski 4/6/18 302, at 3.
613. Lewandowski 4/6/18 302, at 3-4.
614. Lewandowski 4/6/18 302, at 4.
615. Lewandowski 4/6/18 302, at 4.
616. Lewandowski 4/6/18 302, at 4.
617. Lewandowski 4/6/18 302, at 4.
618. Lewandowski 4/6/18 302, at 4; see Dearborn 6/20/18 302, at 3.
619. Lewandowski 4/6/18 302, at 4-5.
620. Lewandowski 4/6/18 302, at 4, 6.
621. Lewandowski 4/6/18 302, at 5; SCR029b_000002-03 (6/5/18 Additional Response to Special Counsel Request for Certain Visitor Log Information).
622. Lewandowski 4/6/18 302, at 5.
623. Lewandowski 4/6/18 302, at 5.
624. Lewandowski 4/6/18 302, at 6. Priebus vaguely recalled Lewandowski telling him that in approximately May or June 2017 the President had asked Lewandowski to get Sessions’s resignation. Priebus recalled that Lewandowski described his reaction as something like, “What can I do? I’m not an employee of the administration. I’m a nobody.” Priebus 4/3/18 302, at 6.
625. Lewandowski 4/6/18 302, at 5. Lewandowski said he asked Hope Hicks to type the notes when he went in to the Oval Office, and he then retrieved the notes from her partway through his meeting with the President. Lewandowski 4/6/18 302, at 5.
626. Lewandowski 4/6/18 302, at 5; Dearborn 6/20/18 302, at 3.
627. Dearborn 6/20/18 302, at 3.
628. Dearborn 6/20/18 302, at 3.
629. Dearborn 6/20/18 302, at 3-4.
630. Peter Baker et al., Excerpts From The Times ’s Interview With Trump, New York Times (July 19, 2017).
631. Peter Baker et al., Excerpts From The Times ’s Interview With Trump, New York Times (July 19, 2017).
632. Peter Baker et al., Excerpts From The Times ’s Interview With Trump, New York Times (July 19, 2017).
633. Hicks 12/8/17 302, at 23.
634. Hicks 3/13/18 302, at 10; Lewandowski 4/6/18 302, at 6.
635. Lewandowski 4/6/18 302, at 6.
636. Hicks 3/13/18 302, at 10. Hicks thought that the President might be able to make a recess appointment of a new Attorney General because the Senate was about to go on recess. Hicks 3/13/18 302, at 10. Lewandowski recalled that in the afternoon of July 19, 2017, following his meeting with the President, he conducted research on recess appointments but did not share his research with the President. Lewandowski 4/6/18 302, at 7.
637. Lewandowski 4/6/18 302, at 6.
638. Adam Entous et al., Sessions discussed Trump campaign-related matters with Russian ambassador, U.S. intelligence intercepts show, Washington Post (July 21, 2017). The underlying events concerning the Sessions-Kislyak contacts are discussed in Volume I, Section IV.A.4.C, supra.
639. Hunt 2/1/18 302, at 23.
640. Hunt 2/1/18 302, at 23.
641. Hunt 2/1/18 302, at 23-24; Hunt 7/21/17 Notes, at 1.
642. Hunt 2/1/18 302, at 23-24; Hunt 7/21/17 Notes, at 1-2.
643. @realDonaldTrump 7/22/17 (6:33 a.m. ET) Tweet.
644. @realDonaldTrump 7/22/17 (7:44 a.m. ET) Tweet. Three minutes later, the President tweeted, “What about all of the Clinton ties to Russia, including Podesta Company, Uranium deal, Russian Reset, big dollar speeches etc.” @realDonaldTrump 7/22/17 (7:47 a.m. ET) Tweet.
645. Priebus 1/18/18 302, at 13-14.
646. Priebus 1/18/18 302, at 14; Priebus 4/3/18 302, at 4-5; see RP_000073 (Priebus 7/22/17 Notes).
647. RP_000073 (Priebus 7/22/17 Notes).
648. Priebus 4/3/18 302, at 5.
649. Priebus 1/18/18 302, at 14; Priebus 4/3/18 302, at 4-5.
650. Priebus 4/3/18 302, at 5.
651. RP_000074 (Priebus 7/22/17 Notes); McGahn 12/14/17 302, at 11; Priebus 1/18/18 302, at 14. Priebus followed McGahn’s advice and called his personal attorney to discuss the President’s request because he thought it was the type of thing about which one would need to consult an attorney. Priebus 1/18/18 302, at 14.
652. McGahn 12/14/17 302, at 11; RP_000074 (Priebus 7/22/17 Notes) (“discuss resigning together”).
653. Priebus 1/18/18 302, at 14; Priebus 4/3/18 302, at 4.
654. Priebus 4/3/18 302, at 4.
655. Priebus 1/18/18 302, at 15.
656. Priebus 1/18/18 302, at 15.
657. Priebus 1/18/18 302, at 15.
658. Priebus 1/18/18 302, at 15.
659. @realDonaldTrump 7/24/17 (8:49 a.m. ET) Tweet (“So why aren’t the Committees and investigators, and of course our beleaguered A.G., looking into Crooked Hillarys crimes & Russia relations?”).
660. @realDonaldTrump 7/25/17 (6:12 a.m. ET) Tweet. The President sent another tweet shortly before this one asking “where is the investigation A.G.” @realDonaldTrump 7/25/17 (6:03 a.m. ET) Tweet.
661. @realDonaldTrump 7/26/17 (9:48 a.m. ET) Tweet.
662. Hunt 2/1/18 302, at 24-25.
663. Hicks 3/13/18 302, at 1; Raffel 2/8/18 302, at 2.
664. RG000061 (6/3/16 Email, Goldstone to Trump Jr.); @DonaldJTrumpJR 7/11/17 (11:01 a.m. ET) Tweet.
665. RG000061 (6/3/16 Email, Trump Jr. to Goldstone); @DonaldJTrumpJR 7/11/17 (11:01 a.m. ET) Tweet.
666. Samochornov 7/12/17 302, at 4.
667. See Volume I, Section IV.A.5, supra (describing meeting in detail).
668. Written Responses of Donald J. Trump (Nov. 20, 2018), at 8 (Response to Question 1, Parts (a) through (c)). The President declined to answer questions about his knowledge of the June 9 meeting or other events after the election.
669. DJTFP_SCO_PDF OOOOOOO 1 -02 (5/17/17 Letter, SSCT to Donald J. Trump for President, Inc.).
670. Goldstone 2/8/18 302, at 12; 6/2/17 and 6/5/17 Emails, Goldstone & Garten; Raffel 2/8/18 302, at 3; Hicks 3/13/18 302, at 2.
671. Corallo 2/15/18 302, at 3.
672. Priebus 4/3/18 302, at 7.
673. Priebus 4/3/18 302, at 7.
674. Corallo 2/15/18 302, at 3; Hicks 12/7/17 302, at 8; Raffel 2/8/18 302, at 3.
675. Raffel 2/8/18 302, at 2-3; Hicks 3/13/18 302, at 2.
676. Raffel 2/8/18 302, at 2-3, 5; Hicks 3/13/18 302, at 2; Hicks 12/7/17 302, at 8.
677. Hicks 12/7/17 302, at 6-7; Hicks 3/13/18 302, at 1.
678. Hicks 12/7/17 302, at 7; Hicks 3/13/18 302, at 1.
679. Hicks 12/7/17 302, at 7; Hicks 3/13/18 302, at 1. Counsel for Ivanka Trump provided an attorney proffer that is consistent with Hicks’s account and with the other events involving Ivanka Trump set forth in this section of the report. Kushner said that he did not recall talking to the President at this time about the June 9 meeting or the underlying emails. Kushner 4/11/18 302, at 30.
680. Hicks 3/13/18 302, at 1-2.
681. Hicks 3/13/18 302, at 2.
682. Hicks 12/7/17 302, at 8.
683. Hicks 3/13/18 302, at 2-3; Hicks 12/7/17 302, at 8.
684. Hicks 12/7/17 302, at 8.
685. Hicks 12/7/17 302, at 8; Hicks 3/13/18 302, at 2.
686. Hicks 3/13/18 302, at 2; Hicks 12/7/17 302, at 9.
687. Hicks 3/13/18 302, at 2-3.
688. Hicks 3/13/18 302, at 2-3; Hicks 12/7/17 302, at 9.
689. Hicks 3/13/18 302, at 3; Hicks 12/7/17 302, at 9.
690. Hicks 3/13/18 302, at 3.
691. Hicks 3/13/18 302, at 3.
692. Hicks 12/7/17 302, at 9.
693. Raffel 2/8/18 302, at 5.
694. Raffel 2/8/18 302, at 6.
695. Raffel 2/8/18 302, at 6-7; Hicks 3/13/18 302, at 3.
696. Hicks 12/7/17 302, at 10; Hicks 3/13/18 302, at 3.
697. Hicks 12/7/17 302, at 10.
698. Hicks 3/13/18 302, at 3.
699. Hicks 3/13/18 302, at 3; Hicks 12/7/17 302, at 10.
700. Hicks 3/13/18 302, at 3; see Hicks 12/7/17 302, at 10.
701. Hicks 3/13/18 302, at 4.
702. Hicks 7/8/17 Notes.
703. Hicks 3/13/18 302, at 4-5; Hicks 12/7/17 302, at 11.
704. Hicks 12/7/17 302, at 11.
705. SCR011 a_000004 (7/8/17 Text Message, Hicks to Trump Jr.).
706. SCR01 la_000004 (7/8/17 Text Message, Hicks to Trump Jr.).
707. SCR011 a_000005 (7/8/17 Text Message, Trump Jr. to Hicks).
708. SCR01 la_000005 (7/8/17 Text Message, Trump Jr. to Hicks).
709. SCR01 la_000005 (7/8/17 Text Message, Hicks to Trump Jr.).
710. SCR01 la_000006 (7/8/17 Text Message, Trump Jr. to Hicks).
711. Hicks 3/13/18 302, at 6; see Jo Becker et al., Trump Team Met With Lawyer Linked to Kremlin During Campaign, New York Times (July 8, 2017).
712. See Jo Becker et al., Trump Team Met With Lawyer Linked to Kremlin During Campaign, New York Times (July 8, 2017).
713. Hicks 3/13/18 302, at 6; Raffel 2/8/18 302, at 9-10.
714. Hicks 12/7/17 302, at 12; Raffel 2/8/18 302, at 10.
715. Hicks 3/13/18 302, at 7.
716. Hicks 3/13/18 302, at 7.
717. See Jo Becker et al., Trump Team Met With Lawyer Linked to Kremlin During Campaign, New York Times (July 8, 2017); Raffel 2/8/18 302, at 10.
718. See Jo Becker et al., Trump Team Met With Lawyer Linked to Kremlin During Campaign, New York Times (July 8, 2017).
719. See Donald Trump Jr. gathered members of campaign for meeting with Russian lawyer before election. Circa News (July 8, 2017).
720. Hicks 3/13/18 302, at 8; Corallo 2/15/18 302, at 6-7.
721. Corallo 2/15/18 302, at 7.
722. Corallo 2/15/18 302, at 7.
723. Corallo 2/15/18 302, at 7-9.
724. Corallo 2/15/18 302, at 8.
725. Corallo 2/15/18 302, at 8; Corallo 7/9/17 Notes (“Sunday 9th - Hope calls w/ POTUS on line”). Corallo said he is “100% confident” that Hicks said “It will never get out” on the call. Corallo 2/15/18 302, at 9.
726. Hicks 3/13/18 302, at 9.
727. @DonaldJTrumpJR 7/11/17(11:01 a.m. ET) Tweet; Jo Becker et al., Russian Dirt on Clinton? 7 Love It,’ Donald Trump Jr. Said, New York Times (July 11, 2017).
728. See, e.g., Peter Baker & Maggie Haberman, Rancor at White House as Russia Story Refuses to Let the Page Turn, New York Times (July 11, 2017) (reporting that the President “signed off’ on Trump Jr.’s statement).
729. See, e.g., David Wright, Trump lawyer: President was aware of “nothing”, CNN (July 12,2017) (quoting the President’s personal attorney as saying, “I wasn’t involved in the statement drafting at all nor was the President.”); see also Good Morning America, ABC (July 12, 2017) (“The President didn’t sign off on anything.. .. The President wasn’t involved in that.”); Meet the Press, NBC (July 16, 2017) (“I do want to be clear—the President was not involved in the drafting of the statement.”).
730. Sarah Sanders, White House Daily Briefing, C-SPAN (Aug. 1, 2017); Sanders 7/3/18 302, at 9 (the President told Sanders he “weighed in, as any father would” and knew she intended to tell the press what he said).
731. /29/18 Letter, President’s Personal Counsel to Special Counsel’s Office, at 18.
732. Remarks by President Trump in Press Gaggle (June 15, 2018).
733. Grand Jury (GJ)
734. Peter Baker et al.. Excerpts From The Times ’s Interview With Trump, New York Times (July 19,2017).
735. Peter Baker et al., Excerpts From The Times ’s Interview With Trump, New York Times (July 19, 2017).
736. Sessions 1/17/18 302, at 15. That was the second time that the President asked Sessions to reverse his recusal from campaign-related investigations. See Volume II, Section II.C.l, supra (describing President’s March 2017 request at Mar-a-Lago for Sessions to unrecuse).
737. Sessions 1/17/18 302, at 15.
738. Sessions 1/17/18 302, at 15.
739. Porter 4/13/18 302, at 11; Porter 5/8/18 302, at 6.
740. Porter 4/13/18 302, at 11; Porter 5/8/18 302, at 6.
741. Porter 4/13/18 302, at 11; Porter 5/8/18 302, at 6. Because of Sessions’s recusal, if Rosenstein were no longer in his position, Brand would, by default, become the DOJ official in charge of supervising the Special Counsel’s investigation, and if both Sessions and Rosenstein were removed, Brand would be next in line to become Acting Attorney General for all DOJ matters. See 28 U.S.C. § 508.
742. Porter 4/13/18 302, at 11; Porter 5/8/18 302, at 6.
743. SC RRP000020 (Porter 7/10/17 Notes).
744. Porter 4/13/18 302, at 11-12.
745. Porter 4/13/18 302, at 11-12.
746. Porter 4/13/18 302, at 11-12. Brand confirmed that no one ever raised with her the prospect of taking over the Russia investigation or becoming Attorney General. Brand 1/29/19 302, at 2.
747. McGahn 12/14/17 302, at 11.
748. McGahn 12/14/17 302, at 11.
749. McGahn 12/14/17 302, at 9.
750. Hicks 3/13/18 302, at 10.
751. McGahn 12/14/17 302, at 9; Hicks 3/13/18 302, at 10.
752. Porter 5/8/18 302, at 10.
753. SCRRP000024 (Porter 10/16/17 Notes); see Porter 5/8/18 302, at 10.
754. Porter 5/8/18 302, at 10.
755. @realDonaldTrump 10/18/17 (6:21 a.m. ET) Tweet; @realDonaldTrump 10/18/17 (6:27 a.m. ET) Tweet.
756. @realDonaldTrump 10/29/17 (9:53 a.m. ET) Tweet; @realDonaldTrump 10/29/17 (10:02 a.m. ET) Tweet; @realDonaldTrump 10/29/17 (10:17 a.m. ET) Tweet.
757. Porter 4/13/18 302, at 5-6; see SC_RRP000031 (Porter 12/6/17 Notes) (“12:45pm With the President, Gen. Kelly, and Sessions (who I pulled in after the Cabinet meeting)”); SC RRP000033 (Porter 12/6/17 Notes) (“Post-cabinet meeting - POTUS asked me to get AG Sessions. Asked me to stay. Also COS Kelly.”).
758. Porter 5/8/18 302, at 12; Porter 4/13/18 302, at 5-6.
759. SC_RRP000033 (Porter 12/6/17 Notes); see Porter 4/13/18 302, at 6; Porter 5/8/18 302, at 12.
760. SC_RRP000033 (Porter 12/6/17 Notes); see Porter 4/13/18 302, at 6.
761. SC RRP000033 (Porter 12/6/17 Notes); Porter 4/13/18 302, at 6.
762. Porter 4/13/18 302, at 6-7.
763. Michael S. Schmidt & Michael D. Shear, Trump Says Russia Inquiry Makes US. “Look Very Bad’’, New York Times (Dec. 28, 2017).
764. Michael S. Schmidt & Michael D. Shear, Trump Says Russia Inquiry Makes U.S. “Look Very Bad’’, New York Times (Dec. 28, 2017).
765. Porter 4/13/18 302, at 14.
766. Porter 5/8/18 302, at 15. Contemporaneous notes Porter took of the conversation state, “Roy Cohn (14-0) / Jay Goldberg (12-0).” SC_RRP000047 (Porter 1/27/18 Notes).
767. Porter 5/8/18 302, at 15-16.
768. See, e.g., @realDonaldTrump 2/28/18 (9:34 a.m. ET) Tweet (“Why is A.G. Jeff Sessions asking the Inspector General to investigate potentially massive FISA abuse. Will take forever, has no prosecutorial power and already late with reports on Comey etc. Isn’t the I.G. an Obama guy? Why not use Justice Department lawyers? DISGRACEFUL!”); @realDonaldTrump 4/7/18 (4:52 p.m. ET) Tweet (“Lawmakers of the House Judiciary Committee are angrily accusing the Department of Justice of missing the Thursday Deadline for turning over UNREDACTED Documents relating to FISA abuse, FBI, Comey, Lynch, McCabe, Clinton Emails and much more. Slow walking-what is going on? BAD!”); @realDonaldTrump 4/22/18 (8:22 a.m. ET) Tweet (“‘GOP Lawmakers asking Sessions to Investigate Comey and Hillary Clinton.’ @FoxNews Good luck with that request!”); @realDonaldTrump 12/16/18 (3:37 p.m. ET) Tweet (“Jeff Sessions should be ashamed of himself for allowing this total HOAX to get started in the first place!”).
769. @realDonaldTrump 6/5/18 (7:31 a.m. ET) Tweet.
770. @realDonaldTrump 8/1/18 (9:24 a.m. ET) Tweet.
771. Fox & Friends Interview of President Trump, Fox News (Aug. 23, 2018).
772. Fox & Friends Interview of President Trump, Fox News (Aug. 23, 2018).
773. Sessions 8/23/18 Press Statement.
774. @realDonaldTrump 8/24/18 (6:17 a.m. ET) Tweet; @ realDonaldTrump 8/24/18 (6:28 a.m. ET) Tweet.
775. @realDonaldTrump 11/7/18 (2:44 p.m. ET) Tweet.
776. E.g., Del Quentin Wilbur & Byron Tau, Special Counsel Robert Mueller Impanels Washington Grand Jury in Russia Probe, Wall Street Journal (Aug. 3, 2017); Carol D. Leonnig et al., Special Counsel Mueller using grand jury in federal court in Washington as part of Russia investigation, Washington Post (Aug. 3, 2017).
777. Michael S. Schmidt & Maggie Haberman, Trump Ordered Mueller Fired, but Backed Off When White House Counsel Threatened to Quit, New York Times (Jan. 25. 2018).
778. Michael S. Schmidt & Maggie Haberman, Trump Ordered Mueller Fired, but Backed Off When White House Counsel Threatened to Quit, New York Times (Jan. 25. 2018).
779. Michael S. Schmidt & Maggie Haberman, Trump Ordered Mueller Fired, but Backed Off When White House Counsel Threatened to Quit, New York Times (Jan. 25. 2018).
780. Michael S. Schmidt & Maggie Haberman, Trump Ordered Mueller Fired, but Backed Off When White House Counsel Threatened to Quit, New York Times (Jan. 25. 2018).
781. Sophie Tatum & Kara Scanned, Trump denies he called for Mueller’s firing, CNN (Jan. 26, 2018); Michael S. Schmidt & Maggie Haberman, Trump Ordered Mueller Fired, but Backed Off When White House Counsel Threatened to Quit, New York Times (Jan. 25, 2018).
782. The Post article stated, “Despite internal objections, Trump decided to assert that Mueller had unacceptable conflicts of interest and moved to remove him from his position.. .. In response, McGahn said he would not remain at the White House if Trump went through with the move.. .. McGahn did not deliver his resignation threat directly to Trump but was serious about his threat to leave.” Rosalind S. Helderman & Josh Dawsey, Trump moved to fire Mueller in June, bringing White House counsel to the brink of leaving, Washington Post (Jan. 26, 2018).
783. Rosalind S. Helderman & Josh Dawsey, Trump moved to fire Mueller in June, bringing White House counsel to the brink of leaving, Washington Post (Jan. 26, 2018); see McGahn 3/8/17 302, at 3-4.
784. McGahn 3/8/18 302, at 3 (agent note).
785. McGahn 3/8/18 302, at 3 (agent note).
786. McGahn 3/8/18 302, at 3-4 (agent note).
787. McGahn 3/8/18 302, at 4 (agent note).
788. Hicks 3/13/18 302, at 11. Hicks also recalled that the President spoke on the phone that day with Chief of Staff John Kelly and that the President said Kelly told him that McGahn had totally refuted the story and was going to put out a statement. Hicks 3/13/18 302, at 11. But Kelly said that he did not speak to McGahn when the article came out and did not tell anyone he had done so. Kelly 8/2/18 302, at 1-2.
789. Hicks 3/13/18 302, at 11. Sanders did not recall whether the President asked her to speak to McGahn or if she did it on her own. Sanders 7/23/18 302, at 2.
790. Sanders 7/23/18 302, at 1-2.
791. Meet the Press Interview with Reince Priebus, NBC (Feb. 4, 2018).
792. Priebus 4/3/18 302, at 10.
793. Priebus 4/3/18 302, at 10.
794. Porter 4/13/18 302, at 16-17. Porter did not recall the timing of this discussion with the President. Porter 4/13/18 302, at 17. Evidence indicates it was February 5, 2018. On the back of a pocket card dated February 5, 2018, Porter took notes that are consistent with his description of the discussion: “COS: (1) Letter from DM - Never threatened to quit - DJT never told him to fire M.” SC_RRP000053 (Porter Undated Notes). Porter said it was possible he took the notes on a day other than February 5. Porter 4/13/18 302, at 17. But Porter also said that “COS” referred to matters he wanted to discuss with Chief of Staff Kelly, Porter 4/13/18 302, at 17, and Kelly took notes dated February 5, 2018, that state “POTUS - Don McGahn letter - Mueller + resigning.” WH000017684 (Kelly 2/5/18 Notes). Kelly said he did not recall what the notes meant, but thought the President may have “mused” about having McGahn write a letter. Kelly 8/2/18 302, at 3. McGahn recalled that Porter spoke with him about the President’s request about two weeks after the New York Times story was published, which is consistent with the discussion taking place on or about February 5. McGahn 3/8/18 302, at 4.
795. Porter 4/13/18 302, at 17.
796. Porter 4/13/18 302, at 17.
797. Porter 4/13/18 302, at 17.
798. Porter 4/13/18 302, at 17; Porter 5/8/18 302, at 18.
799. Porter 4/13/18 302, at 17; Porter 5/8/18 302, at 18.
800. Porter 4/13/18 302, at 17.
801. Porter 4/13/18 302, at 17; McGahn 3/8/18 302, at 4.
802. Porter 4/13/18 302, at 17; McGahn 3/8/18 302, at 4.
803. Porter 4/13/18 302, at 17; McGahn 3/8/18 302, at 4.
804. Porter 4/13/18 302, at 17; McGahn 3/8/18 302, at 4.
805. Porter 4/13/18 302, at 17; McGahn 3/8/18 302, at 4.
806. Porter 4/13/18 302, at 17-18; McGahn 3/8/18 302, at 4.
807. McGahn 3/8/18 302, at 4.
808. Porter 4/13/18 302, at 18.
809. McGahn 3/8/18 302, at 4; WH000017685 (Kelly 2/6/18 Notes). McGahn recalled that, before the Oval Office meeting, he told Kelly that he was not inclined to fix the article. McGahn 3/8/18 302, at 4.
810. McGahn 3/8/18 302, at 5 (agent note); 2/26/19 Email, Counsel for Don McGahn to Special Counsel’s Office (confirming February 6, 2018 date of call from the President’s personal counsel).
811. McGahn 3/8/18 302, at 4; Kelly 8/2/18 302, at 2.
812. McGahn 3/8/18 302, at 4; Kelly 8/2/18 302, at 2.
813. McGahn 3/8/18 302, at 4.
814. McGahn 3/8/18 302, at 4; Kelly 8/2/18 302, at 2.
815. McGahn 3/8/18 302, at 5.
816. McGahn 3/8/18 302, at 5.
817. McGahn 3/8/18 302, at 5.
818. McGahn 3/8/18 302, at 5.
819. McGahn 3/8/18 302, at 5; Kelly 8/2/18 302, at 2.
820. McGahn 3/8/18 302, at 5.
821. Kelly 8/2/18 302, at 2.
822. McGahn 3/8/18 302, at 5.
823. McGahn 3/8/18 302, at 5.
824. McGahn 3/8/18 302, at 5. McGahn said the President was referring to Donaldson’s notes, which the President thought of as McGahn’s notes. McGahn 3/8/18 302, at 5.
825. McGahn 3/8/18 302, at 5.
826. McGahn 3/8/18 302, at 5.
827. Kelly 8/2/18 302, at 2.
828. McGahn 3/8/18 302, at 5. Kelly did not recall discussing the Oval Office meeting with the President after the fact. Kelly 8/2/18 302, at 2. Handwritten notes taken by Kelly state, “Don[:] Mueller discussion in June. - Bannon Priebus - came out okay.” WH0000I7685 (Kelly 2/6/18 Notes).
829. McGahn 3/8/18 302, at 5 (agent note).
830. /29/18 Letter, President’s Personal Counsel to Special Counsel’s Office, at 1-2 (“In our conversation of January 8, your office identified the following topics as areas you desired to address with the President in order to complete your investigation on the subjects of alleged collusion and obstruction of justice”; listing 16 topics).
831. See, e.g.. Remarks by President Trump in Press Conference, White House (Feb. 16, 2018) (stating that “Flynn is a fine person” and “I don’t think [Flynn] did anything wrong. If anything, he did something right... You know, he was just doing his job”); Interview of Donald J. Trump, NBC (May 11, 2017) (stating that Flynn is a “very good person”).
832. See Priebus 1/18/17 302, at 9-10 (the President asked Priebus to contact Flynn the week he was terminated to convey that the President still cared about him and felt bad about what happened to him; Priebus thought the President did not want Flynn to have a problem with him); McFarland 12/22/17 302, at 18 (about a month or two after Flynn was terminated, the President asked McFarland to get in touch with Flynn and tell him that he was a good guy, he should stay strong, and the President felt bad for him); Flynn 1/19/18 302, at 9 (recalling the call from Priebus and an additional call from Hicks who said she wanted to relay on behalf of the President that the President hoped Flynn was okay); Christie 2/13/19 302, at 3 (describing a phone conversation between Kushner and Flynn the day after Flynn was fired where Kushner said, “You know the President respects you. The President cares about you. I’ll get the President to send out a positive tweet about you later,” and the President nodded his assent to Kushner’s comment promising a tweet).
833. Counsel for Flynn 3/1/18 302, at 1.
834. Counsel for Flynn 3/1/18 302, at 1.
835. /22/17 Voicemail Transcript, President’s Personal Counsel to Counsel for Michael Flynn.
836. Counsel for Flynn 3/1/18 302, at 1.
837. Counsel for Flynn 3/1/18 302, at 1.
838. Counsel for Flynn 3/1/18 302, at 1.
839. Counsel for Flynn 3/1/18 302, at 2. Because of attorney-client privilege issues, we did not seek to interview the President’s personal counsel about the extent to which he discussed his statements to Flynn’s attorneys with the President.
840. Counsel for Flynn 3/1/18 302, at 2.
841. Information, United States v. Michael T. Flynn, l:17-cr-232 (D.D.C. Dec. 1,2017), Doc. 1; Plea Agreement, United States v. Michael T. Flynn, l:17-cr-232 (D.D.C. Dec. I, 2017), Doc. 3.
842. President Trump Remarks on Tax Reform and Michael Flynn’s Guilty Plea, C-SPAN (Dec. 2, 2017).
843. President Trump Remarks on Tax Reform and Michael Flynn’s Guilty Plea, C-SPAN (Dec. 2, 2017).
844. See @realDonaldTrump 12/2/17 (9:06 p.m. ET) Tweet (“So General Flynn lies to the FBI and his life is destroyed, while Crooked Hillary Clinton, on that now famous FBI holiday ‘interrogation’ with no swearing in and no recording, lies many times. .. and nothing happens to her? Rigged system, or just a double standard?”); President Trump Departure Remarks, C-SPAN (Dec. 4, 2017) (“Well, I feel badly for General Flynn. I feel very badly. He’s led a very strong life. And I feel very badly.”).
845. President Trump White House Departure, C-SPAN (Dec. 15, 2017).
846. Indictment, United States v. Paul J. Manafort, Jr. and Richard W. Gates III, 1:17-cr-201 (D.D.C. Oct, 27, 2017), Doc. 13 (“Manafort and Gates D.D.C. Indictment”); Indictment, United States v. Paul J. Manafort, Jr. and Richard W. Gates III, 1:18-cr-83 (E.D. Va. Feb. 22, 2018), Doc. 9 (“Manafort and Gates E.D. Va. Indictment”)
847. Manafort and Gates D.D.C. Indictment; Manafort and Gates E.D. Va. Indictment.
848. Gates 4/18/18 302, at 4. In February 2018, Gates pleaded guilty, pursuant to a cooperation plea agreement, to a superseding criminal information charging him with conspiring to defraud and commit multiple offenses (/.e., tax fraud, failure to report foreign bank accounts, and acting as an unregistered agent of a foreign principal) against the United States, as well as making false statements to our Office. Superseding Criminal Information, United States v. Richard W. Gates III, 1:17-cr-201 (D.D.C. Feb. 23, 2018), Doc. 195; Plea Agreement, United States v. Richard W. Gates III, 1:17-cr-201 (D.D.C. Feb. 23, 2018), Doc. 205. Gates has provided information and in-court testimony that the Office has deemed to be reliable.
849. Gates 4/18/18 302, at 4.
850. Gates 4/18/18 302, at 4. Manafort told this Office that he never told Gates that he had talked to the President’s personal counsel or suggested that they would be taken care of. Manafort also said he hoped for a pardon but never discussed one with the President, although he noticed the President’s public comments about pardons. Manafort 10/1/18 302, at 11. As explained in Volume I, Section IV.A.8, supra, Manafort entered into a plea agreement with our Office. The U.S. District Court for the District of Columbia determined that he breached the agreement by being untruthful in proffer sessions and before the grand jury. Order, United States v. Manafort, l:17-cr-201 (D.D.C. Feb. 13, 2019), Doc. 503.
851. Porter 5/8/18 302, at 11. Priebus recalled that the President never really liked Manafort. See Priebus 4/3/18 302, at 11. Hicks said that candidate Trump trusted Manafort’s judgment while he worked on the Campaign, but she also once heard Trump tell Gates to keep an eye on Manafort. Hicks 3/13/18 302, at 16.
852. Porter 5/8/18 302, at 11; McGahn 12/14/17 302, at 14.
853. Remarks by President Trump in Press Gaggle, White House (June 15, 2018).
854. Remarks by President Trump in Press Gaggle, White House (June 15, 2018).
855. @realDonaldTrump 6/15/18 (1:41 p.m. ET) Tweet.
856. Chris Sommerfeldt, Rudy Giuliani says Mueller probe ‘might get cleaned up ’ with ‘presidential pardons ’ in light of Paul Manafort going to jail, New York Daily News (June 15, 2018).
857. Sharon LaFraniere, Judge Orders Paul Manafort Jailed Before Trial, Citing New Obstruction Charges, New York Times (June 15, 2018) (quoting Giuliani).
858. State of the Union with Jake Tapper Transcript, CNN (June 17, 2018); see Karoun Demirjian, Giuliani suggests Trump may pardon Manafort after Mueller’s probe, Washington Post (June 17, 2018).
859. State of the Union with Jake Tapper Transcript, CNN (June 17, 2018).
860. State of the Union with Jake Tapper Transcript, CNN (June 17, 2018).
861. State of the Union with Jake Tapper Transcript, CNN (June 17, 2018).
862. See, e.g., Katelyn Polantz, Takeaways from day one of the Paul Manafort trial, CNN (July 31, 2018); Frank Bruni, Paul Manafort’s Trial Is Donald Trump’s, Too, New York Times Opinion (July 31, 2018); Rachel Weiner et al., Paul Manafort trial Day 2: Witnesses describe extravagant clothing purchases, home remodels, lavish cars paid with wire transfers, Washington Post (Aug. 1, 2018).
863. @realDonaldTrump 8/1/18 (9:24 a.m. ET) Tweet. Later that day, when Sanders was asked about the President’s tweet, she told reporters, “It’s not an order. It’s the President’s opinion.” Sarah Sanders, White House Daily Briefing, C-SPAN (Aug. 1, 2018).
864. @realDonaldTrump 8/1/18 (9:34 a.m. ET) Tweet.
865. @realDonaldTrump 8/1/18 (11:35 a.m. ET) Tweet.
866. See, e.g., Carol D. Leonnig et al., Trump calls Manafort prosecution “a hoax, ” says Sessions should stop Mueller investigation “right now”, Washington Post (Aug. 1, 2018); Louis Nelson, Trump claims Manafort case has “nothing to do with collusion ”, Politico (Aug. 1. 2018).
867. Sarah Sanders, White House Daily Briefing, C-SPAN (Aug. 1, 2018).
868. Chris Strohm & Shannon Pettypiece, Mueller Probe Doesn’t Need to Shut Down Before Midterms, Officials Say, Bloomberg (Aug. 15, 2018).
869. See, e.g., Katelyn Polantz et al., Manafort jury ends first day of deliberations without a verdict, CNN (Aug. 16, 2018); David Voreacos, What Mueller’s Manafort Case Means for the Trump Battle to Come, Bloomberg (Aug. 2, 2018); Gabby Morrongiello, What a guilty verdict for Manafort would mean for Trump and Mueller, Washington Examiner (Aug. 18, 2018).
870. President Trump Remarks on John Brennan and Mueller Probe, C-SPAN (Aug. 17, 2018).
871. President Trump Remarks on John Brennan and Mueller Probe, C-SPAN (Aug. 17, 2018).
872. President Trump Remarks on John Brennan and Mueller Probe, C-SPAN (Aug. 17, 2018).
873. President Trump Remarks on John Brennan and Mueller Probe, C-SPAN (Aug. 17, 2018).
874. Trump calls Manafort “very good person, ” All In with Chris Hayes (Aug. 17, 2018) (transcript); Manafort lawyer: We appreciate Trump’s support, CNN (Aug. 17, 2018) (https://www.cnn.eom/videos/politics/2018/08/17/paul-manafort-attorney-trump-jury-deliberations- schneider-lead-vpx.cnn).
875. Transcript at 23, United States v. Michael Cohen, l:18-cr-602 (S.D.N.Y. Aug. 21, 2018), Doc. 7 (Cohen 8/21/18 Transcript).
876. President Trump Remarks on Manafort Trial, C-SPAN (Aug. 21,2018).
877. President Trump Remarks on Manafort Trial, C-SPAN (Aug. 21, 2018).
878. @realDonaldTrump 8/22/18 (9:21 a.m. ET) Tweet.
879. Fox & Friends Exclusive Interview with President Trump, Fox News (Aug. 23, 2018) (recorded the previous day).
880. Fox & Friends Exclusive Interview with President Trump, Fox News (Aug. 23, 2018) (recorded the previous day).
881. Fox & Friends Exclusive Interview with President Trump, Fox News (Aug. 23, 2018) (recorded the previous day).
882. Maggie Haberman & Katie Rogers, “How Did We End Up Here? ” Trump Wonders as the White House Soldiers On, New York Times (Aug. 22, 2018).
883. Carol D. Leonnig & Josh Dawsey, Trump recently sought his lawyers ’ advice on possibility of pardoning Manafort, Giuliani says, Washington Post (Aug. 23, 2018).
884. Plea Agreement, United States v. Paul J. Manafort, Jr., l:17-cr-201 (D.D.C. Sept. 14, 2018), Doc. 422.
885. Karen Freifeld & Nathan Layne, Trump lawyer: Manafort said nothing damaging in Mueller interviews, Reuters (Oct. 22, 2018); Michael S. Schmidt et ah, Manafort’s Lawyer Said to Brief Trump Attorneys on What He Told Mueller, New York Times (Nov. 27, 2018); Dana Bash, Manafort team briefed Giuliani on Mueller meetings,.CNN, Posted 11/28/18, available at https://www.cnn.eom/videos/politics/2018/l 1/28/manafort-lawyers-keeping-trump-lawyers-giuliani- updated-mueller-probe-bash-sot-nr-vpx.cnn; see Sean Hannity, Interview with Rudy Giuliani, Fox News (Sept. 14, 2018) (Giuliani: “[T]here was a quote put out by a source close to Manafort that the plea agreement has, and cooperation agreement has, nothing to do with the Trump campaign. . . . Now, I know that because I’ve been privy to a lot of facts I can’t repeat.”).
886. Joint Status Report, United States v. Paul J. Manafort, Jr., (D.D.C Nov. 26, 2018), Doc. 455.
887. Stephen Collinson, Trump appears consumed by Mueller investigation as details emerge, CNN (Nov. 29, 2018).
888. “Corsi” is a reference to Jerome Corsi,Harm To Ongoing Matter (HOM) who was involved in efforts to coordinate with WikiLeaks and Assange, and who stated publicly at that time that he had refused a plea offer from the Special Counsel’s Office because he was “not going to sign a lie.” Sara Murray & Eli Watkins, [] Harm To Ongoing Matter (HOM) says he won’t agree to plea deal, CNN (Nov. 26, 2018).
889. Marisa Schultz & Nikki Schwab, Oval Office Interview with President Trump: Trump says pardon for Paul Manafort still a possibility, New York Post (Nov. 28, 2018). That same day, the President tweeted: “While the disgusting Fake News is doing everything within their power not to report it that way, at least 3 major players are intimating that the Angry Mueller Gang of Dems is viciously telling witnesses to lie about facts & they will get relief. This is our Joseph McCarthy Era!” @realDonaldTrump 11/28/18 (8:39 a.m. ET) Tweet.
890. Marisa Schultz & Nikki Schwab, New York Post Oval Office Interview with President Trump: Trump says pardon for Paul Manafort still a possibility, New York Post (Nov. 28, 2018).
891. 2 lines redacted Harm To Ongoing Matter (HOM)
892. 2 lines redacted Harm To Ongoing Matter (HOM)
893. 2 lines redacted Harm To Ongoing Matter (HOM)
894. 4 lines redacted Harm To Ongoing Matter (HOM)
895. 2 lines redacted Harm To Ongoing Matter (HOM)
896. 2 lines redacted Harm To Ongoing Matter (HOM)
897. 2 lines redacted Harm To Ongoing Matter (HOM)
898. 2 lines redacted Harm To Ongoing Matter (HOM)
899. 2 lines redacted Harm To Ongoing Matter (HOM)
900. Harm To Ongoing Matter (HOM)
901. 2 lines redacted Harm To Ongoing Matter (HOM)
902. 4 lines redacted Harm To Ongoing Matter (HOM)
903. 2 lines redacted Harm To Ongoing Matter (HOM)
904. 2 lines redacted Harm To Ongoing Matter (HOM)
905. Harm To Ongoing Matter (HOM)
906. 2 lines redacted Harm To Ongoing Matter (HOM)
907. Harm To Ongoing Matter (HOM)
908. Harm To Ongoing Matter (HOM)
909. In August 2018 and November 2018, Cohen pleaded guilty to multiple crimes of deception, including making false statements to Congress about the Trump Tower Moscow project, as described later in this section. When Cohen first met with investigators from this Office, he repeated the same lies he told Congress about the Trump Tower Moscow project. Cohen 8/7/18 302, at 12-17. But after Cohen pleaded guilty to offenses in the Southern District of New York on August 21,2018, he met with investigators again and corrected the record. The Office found Cohen’s testimony in these subsequent proffer sessions to be consistent with and corroborated by other information obtained in the course of the Office’s investigation. The Office’s sentencing submission in Cohen’s criminal case stated: “Starting with his second meeting with the [Special Counsel’s Office] in September 2018, the defendant has accepted responsibility not only for his false statements concerning the [Trump Tower] Moscow Project, but also his broader efforts through public statements and testimony before Congress to minimize his role in, and what he knew about, contacts between the [Trump Organization] and Russian interests during the course of the campaign.. .. The information provided by Cohen about the [Trump Tower] Moscow Project in these proffer sessions is consistent with and corroborated by other information obtained in the course of the [Special Counsel’s Office’s] investigation.. .. The defendant, without prompting by the [Special Counsel’s Office], also corrected other false and misleading statements that he had made concerning his outreach to and contacts with Russian officials during the course of the campaign.” Gov’t Sentencing Submission at 4, United States v. Michael Cohen, 1:18-cr-850 (S.D.N.Y. Dec. 7,2018), Doc. 14. At Cohen’s sentencing, our Office further explained that Cohen had “provided valuable information. .. while taking care and being careful to note what he knows and what he doesn’t know.” Transcript at 19, United States v. Michael Cohen, 1:18-cr-850 (S.D.N.Y. Dec. 12, 2018), Doc. 17 (Cohen 12/12/18 Transcript).
910. See Volume I, Section IV.A.l, supra (noting that starting in at least 2013, several employees of the Trump Organization, including then-president of the organization Donald J. Trump, pursued a Trump Tower Moscow deal with several Russian counterparties).
911. Cohen 9/12/18 302, at 1-4; Cohen 8/7/18 302, at 15.
912. Cohen 9/12/18 302, at 2, 4.
913. Cohen 9/12/18 302, at 4.
914. Cohen 9/12/18 302, at 4, 10.
915. MDC-H-000618-25 (10/28/15 Letter of Intent, signed by Donald J. Trump, Trump Acquisition, LLC and Andrey Rozov, I.C. Expert Investment Company); Cohen 9/12/18 302, at 3; Written Responses of Donald J. Trump (Nov. 20, 2018), at 15 (Response to Question III, Parts (a) through (g)).
916. MDC-H-000600 (12/19/15 Email, Sater to Cohen).
917. Cohen 9/12/18 302, at 5.
918. See FS00004 (12/30/15 Text Message, Cohen to Sater); TRUMPORGMC 000233 (1/11/16 Email, Cohen to pr_peskova@prpress.gof.ru); MDC-H-000690. (1/14/16 Email, Cohen to info@prpress.gov.ru); TRUMPORGMC 000235 (1/16/16 Email, Cohen to pr_peskova@prpress.gov.ru).
919. /20/16 Email, Poliakova to Cohen; Call Records of Michael Cohen. (Showing a 22-minute call on January 20, 2016, between Cohen and the number Poliakova provided in her email); Cohen 9/12/18 302, at 2-3. After the call, Cohen saved Poliakova’s contact information in his Trump Organization Outlook contact list. 1/20/16 Cohen Microsoft Outlook Entry (6:22 a.m.).
920. Cohen 11/20/18 302, at 5.
921. Cohen 11/20/18 302, at 5-6; Cohen 11/12/18 302, at 4.
922. Cohen 11/20/18 302, at 5.
923. Cohen 9/12/18 302, at 5.
924. FS00011 (1/21/16 Text Messages, Sater & Cohen).
925. Cohen 9/12/18 302, at 5; 1/25/16 Email, Sater to Cohen (attachment).
926. Cohen 11/20/18 302, at 5.
927. Cohen 9/12/18 302, at 6. In later congressional testimony, Cohen stated that he briefed Trump on the project approximately six times after January 2016. Hearing on Issues Related to Trump Organization Before the House Oversight and Reform Committee, 116lh Cong. (Feb. 27, 2019) (CQ Cong. Transcripts, at 24) (testimony of Michael Cohen).
928. Cohen 9/12/18 302, at 6.
929. Cohen 9/18/18 302, at 4.
930. Cohen 9/12/18 302, at 10.
931. Cohen 9/12/18 302, at 7.
932. Cohen 9/12/18 302, at 7.
933. FS00015 (5/4/16 Text Message, Sater to Cohen).
934. FS00015 (5/4/16 Text Message, Cohen to Sater).
935. FS00016-17 (5/5/16 Text Messages, Sater & Cohen).
936. Cohen 9/12/18 302, at 7.
937. Cohen 9/12/18 302, at 7.
938. Cohen 9/12/18 302, at 7-8.
939. Cohen 9/12/18 302, at 8.
940. Cohen 3/19/19 302, at 2.
941. Cohen 3/19/19 302, at 2. Cohen could not recall the precise timing of this conversation, but said he thought it occurred in June or July 2016. Cohen recalled that the conversation happened at some point after candidate Trump was publicly stating that he had nothing to do with Russia. Cohen 3/19/19 302, at 2.
942. Cohen 3/19/19 302, at 2.
943. Cohen 3/19/19 302, at 2.
944. Cohen 11/20/18 302, at 1; Cohen 9/18/18 302, at 3, 5; Cohen 9/12/18 302, at 9.
945. Cohen 9/18/18 302, at 1-2; see also Rtskhiladze 4/4/18 302, at 8-9.
946. Cohen 9/18/18 302, at 1-2.
947. Cohen 9/18/18 302, at 3.
948. Cohen 11/20/18 302, at 4.
949. Cohen 9/18/18 302, at 5. The article was published on February 19, 2017, and reported that Sater and Cohen had been working on plan for a Trump Tower Moscow “as recently as the fall of 2015” but had come to a halt because of the presidential campaign. Consistent with Cohen’s intended party line message, the article stated, “Cohen said the Trump Organization had received a letter of intent for a project in Moscow from a Russian real estate developer at that time but determined that the project was not feasible.” Megan Twohey & Scott Shane,/! Back-Channel Plan for Ukraine and Russia, Courtesy of Trump Associates, New York Times (Feb. 19, 2017).
950. Cohen 9/18 /18 3 02, at 5-6.
951. Cohen 9/18/18 302, at 6.
952. Cohen 9/1 2/18 302, at I 0.
953. P-SCO-000000328 (5/9/17 Letter, HPSCI to Cohen); P-SCO-000000331 (5/1 2/17 Letter, SSCI to Cohen).
954. Cohen 11/20/18 302, at 2-3.
955. Cohen 11/20/18 302, at 2-3.
956. Cohen 11/12/18 302, at 2; Cohen 11 /20/19 302, at 3.
957. Cohen 11 /1 2/18 302, at 2.
958. Cohen 1 1 /1 2/18 302, at 2-3; Cohen 11/20/18 , at 2-6. Cohen told investigators about his conversations with the President’s personal counsel after waiving any privilege of his own and after this Office advised his counsel not to provide any communications that would be covered by any other privi lege, including communications protected by a joint defense or common intere st privilege. As a result , most of what Cohen told us about his conversations with the Presid ent’s personal counsel concerned what Cohen had communicated to the President’s personal counsel, and not what was said in response. Cohen described certain statements made by the President’s personal counsel, however, that are set forth in this section. Cohen and his counsel were better positioned than this Office to evaluate whether any privilege protected those statements because they had knowledge of the scope of their joint defense agreement and access to privileged communications that may have provided context for evaluating the statements they sha red. After interviewing Cohen about these matters, we asked the President’s personal counsel ifhe wished to provide information to us about his conversations with Cohen related to Cohen’s congressional testimony about Trump Tower Moscow. The President’s personal counsel declined and, through his own counsel, indicated that he could not disaggregate information he had obtained from Cohen from information he had obtained from other parties in the IDA. In view of the admonition this Office gave to Cohen’s counsel to withhold communications that could be covered by privile ge, the President’s personal counsel’s uncertainty about the provenance of his own knowledge, the burden on a privilege holder to establish the elements to support a claim of privil ege, and the substance of the statements themselves, we have included relevant statements Cohen provided in this report. If the statements were to be used in a context beyond this report, further analysis could be warranted .
959. Cohen 11 /20/18 302, at 6.
960. Cohen 11/20/18 302, at 2, 4.
961. Cohen 11 /20/18 302, at 4.
962. Cohen 9/18 / 18 302, at 8; Cohen 1 I /20/18 302, at 3-4.
963. Cohen 11/20/18 302, at 4.
964. Cohen 9/18 /18 3 02, at 11 ; Cohen 1 l /20/18 302, at 2.
965. P-SCO-000003680 and P-SCO-0000003687 (8/16 /17 Email and Attachment, Michael Cohen’s Counsel to Cohen). Cohen said it was not his idea to write a letter to Congress about Trump Tower Moscow. Cohen 9/1 8/18 302, at 7.
966. P-SCO-00009478 (Statement of Michael D. Cohen, Esq. (Aug. 28, 2017)).
967. P-SCO-00009478 (Statement of Michael D. Cohen, Esq. (Aug. 28, 2017)).
968. P-SCO-00009478 (Statement of Michael D. Cohen, Esq. (Aug. 28, 2017)).
969. P-SCO-00009478 (Statement of Michael D. Cohen, Esq. (Aug. 28, 2017)).
970. P-SCO-00009478 (Statement of Michael D. Cohen, Esq. (Aug. 28, 2017)).
971. Cohen 9/12/18 302, at 8-9. Cohen also testified in Congress that the Presid ent’s counsel reviewed and edited the statement. Hearing on Issues Related to Trump Organization Before the House Oversightand Reform Committee, 11 6th Cong. (Feb. 27, 2019) (CQ Cong. Transcripts, at 24-25) (testimony by Michael Cohen). Because of concerns about the common interest privilege, we did not obtain or review all drafts of Cohen’s statement. Based on the drafts that were released through this Office’s filter process, it appears that the substance of the four principal false statements described above were contained in an early draft prepared by Cohen and his counsel. P-SCO-0000003680 and P-SCO-0000003687 (8/16/ I 7 Email and Attachment , Cohen’s counsel to Cohen).
972. P-SCO-0000003687 (8/16/17 Draft Statement of Michael Cohen); Cohen 11 / 20/1 8 302, at 4.
973. Cohen 11 /20/18 302, at 4. A different line stating that Cohen did “ not recall any response to my email [to Peskov in January 2016], nor any other contacts by me with Mr. Peskov or other Russian government officials about the proposal” remained in the draft. See P-SCO-0000009478 (Statement of Michael D. Cohen, Esq. (Aug. 28, 2017)).
974. Cohen 11 /20/18 302, at 4.
975. Cohen 11 / 20/18 302, at 5.
976. Cohen 9/18/ 18 302, at I 0-11.
977. Cohen 9/1 8/18 302, at 11; Cohen 1 I /1 2/ l 8 302, at 4.
978. Cohen 9/18 /1 8 302, at 11 ; Cohen 11/12/18 302, at 5.
979. Cohen 11112/18 302, at 5.
980. Cohen 9/1 8/18 302, at 11.
981. Cohen 3/19/19 302, at 2.
982. Cohen 3/1 9/19 302, at 2; see Cohen 9/18/18 302, at 11 (recalling that he was told that if he stayed on message and kept the President out of the narrative , the President would have his back).
983. Cohen 9/12/18 302, at 8; Information at 4-5, United States v. Michael Cohen, 1:18-cr-850 (S.D.N.Y. Nov. 29, 201 8), Doc. 2 (Cohen Information).
984. Cohen l I /20/18 302, at 4.
985. Cohen 1 l/ 20/1 8 302, at 4; Cohen 11/1 2/18 302, at 2-3, 4, 6.
986. Cohen 9/12/ l 8 302, at 9.
987. Cohen 9/1 2/1 8 302, at 8-9.
988. Cohen 11 /12/18 302, at 2-3; Cohen 11 /20/18 302, at 5; Call Records of Michael Cohen (Reflecting three contacts on August 18, 2017 (24 seconds; 5 minutes 25 seconds; and IO minutes 58 seconds); two contacts on August 19 (23 seconds and 24 minutes 26 seconds); three contacts on August 23 (8 seconds; 20 minutes 33 seconds; and 5 minutes 8 seconds); one contact on August 24 (11 minutes 59 seconds); 14 contacts on August 27 (28 seconds; 4 minutes 37 seconds; 1 minute 16 seconds; 1 minutes 35 seconds; 6 minutes 16 seconds; 1 minutes 10 seconds; 3 minutes 5 seconds; 18 minutes 55 seconds; 4 minutes 56 seconds; 11 minutes 6 seconds; 8 seconds; 3 seconds; 2 seconds; 2 seconds).
989. Cohen 11/20/ 18 302, at 5; Call Records of Michael Cohen. (Reflecting 14 contacts on August 27, 2017 (28 seconds; 4 minutes 37 seconds; 1 minute 16 seconds; 1 minutes 35 seconds; 6 minutes 16 seconds; 1 minutes 10 seconds; 3 minutes 5 seconds; 18 minutes 55 seconds; 4 minutes 56 seconds; 11 minutes 6 seconds; 8 seconds; 3 seconds; 2 seconds; 2 seconds)).
990. Cohen 11 /20/ 1 8 302, at 5.
991. Cohen 11/20/18 302, at 5. Cohen also vaguely recalled telling the President’s personal counsel that he spoke with a woman from the Kremlin and that the President’s personal counsel responded to the effect of “so what?” because the deal never happened. Cohen 11/20/18 302, at 5.
992. Cohen 11 /20/ 18 302, at 5.
993. Cohen 11/20/18 302, at 5.
994. /8/19 email, Counsel for personal counsel to the President to Special Counsel’s Office.
995. Cohen 9/18/18 302, at 7; Carol D. Leonnig et al., Trump’s business sought deal on a Trump Tower in Moscow while he ran/or president, Washington Post (Aug. 27, 201 7).
996. Carol D. Leonnig et al., Trump’s business sought deal on a Trump Tower in Moscow while he ran/or president, Washington Post (Aug. 27, 2017).
997. Cohen 9/18/18 302, at 7.
998. P-SCO-000009477 - 9478 (8/28/17 Letter and Attachment , Cohen to SSCI).
999. Cohen 11/12/18 302, at 2; Cohen 9/12/18 302, at 9.
1000. Cohen 9/1 2/1 8 302, at 9.
1001. Cohen 9/18/18 302, at 7; see, e.g., READ: Michael Cohen’s statement to the Senate intelligence committee, CNN (Sept. 19, 2017).
1002. Cohen 9/18/18 302, at 7.
1003. Cohen 9/18/18 302, at 7; Cohen 11/20/1 8 302, at 6.
1004. Cohen 11 /20/18 302, at 6. Phone records show that the President’s personal counsel called Cohen on the morning of September 20, 2017, and they spoke for approximately 11 minutes , and that they had two more contacts that day, one of which lasted approximately 18 minutes. Call Records of Michael Cohen. (Reflecting three contacts on September 20, 201 7, with calls lasting for 11 minutes 3 seconds; 2 seconds ; and 18 minutes 38 seconds).
1005. Cohen Information, at 4; Executive Session, Permanent Select Committee on Intelligence, U.S. House of Representat ives, Interview of Michael Cohen (Oct. 24, 2017), at 1 0-11, 117-119.
1006. Call Records of Michael Cohen. (Reflecting two contacts on October 24, 2017 (12 minutes 8 seconds and 8 minutes 27 seconds) and three contacts on October 25, 2017 (1 second; 4 minutes 6 seconds; and 6 minutes 6 seconds)).
1007. See, e.g., Michael Rothfeld & Joe Palazzolo, Trump Lawyer Arranged $130,000 Payment for Adult-Film Star’s Silence, Wall Street Journal (Jan. 12, 2018).
1008. The Office was authorized to investigate Cohen’s establishment and use of Essential Consultants LLC, which Cohen created to facilitate the $130,000 payment during the campaign, based on evidence that the entity received funds from Russian-backed entities. Cohen’s use of Essential Consultants to facilitate the $130,000 payment to the woman during the campaign was part of the Office’s referral of certain Cohen-related matters to the U.S. Attorney’s Office for the Southern District of New York.
1009. See, e.g., Mark Berman , Longtime Trump attorney says he made $130,000 payment to Stormy Daniels with his money, Washington Post (Feb. 14, 2018).
1010. Hearing on Issues Related to Trump Organization Before the House Oversight and Reform Committee, 11 6th Cong. (Feb. 27, 2019) (CQ Cong. Transcripts, at 147-148) (testimony of Michael Cohen). Toll records show that Cohen was connected to a White House phone number for approximately five minutes on January 19, 2018, and for approximately seven minutes on January 30, 2018, and that Cohen called Melania Trump’s cell phone several times between Januaiy 26, 2018, and January 30, 201 8. Call Records of Michael Cohen.
1011. /1 9/18 Text Message, President’s personal counsel to Cohen; see Jim Rutenberg et al., Tools of Trump’s Fixer: Payouts, Intimidation and the Tabloids, New York Times (Feb. 18 , 2018).
1012. Gov’t Opp. to Def. Mot. for Temp. Restraining Order, In the Matter of Search Warrants Executed on April 9, 2018, I 8-mj-3161 (S.D.N.Y. Apr. 13, 2018), Doc. I (“On April 9, 2018, agents from the New York field office of the Federal Bureau of Investigation. .. executed search warrants for Michael Cohen’s res idence, hotel room, office, safety deposit box, and electronic devices.”).
1013. Remarks by President Trump Before Meeting with Senior Military Leadersh ip, White House (Apr. 9, 2018) .
1014. Remarks by President Trump Before Meeting with Senior Military Leadership, White House (Apr. 9, 201 8).
1015. Cohen , 10/17/18 302, at 11.
1016. Cohen 3/19 / 19 3 02, at 4.
1017. Cohen 3/19/19 3 02, at 4.
1018. Cohen 9/1 2/1 8 302, at 11.
1019. Cohen 9/1 2/18 30 2, at 11.
1020. Cohen 9/12 /18 302, at 11 .
1021. Cohen 9/12 /1 8 302, at 11.
1022. /17/18 Email, Citron to Cohen; 4/19 /18 E mail, Costello to Cohen; MC-SCO-001 (7/7/1 8 redacted billing statement from Davidoff, Hutcher & Citron to Cohen).
1023. /21 / 1 8 Email, Costell o to Cohen.
1024. See Maggie Haberman et al., Michael Cohen Has Said He Would Take a Bullet for Trump. Maybe Not Anymore., New York Times (Apr. 20, 2018).
1025. @realDonald Trump 4/21/18 (9 :10 a.m. ET) Tweets.
1026. /21/18 Email, Costello to Cohen.
1027. /21/18 Email, Costello to Cohen. [HOM][2 lines redacted for harm to ongoing matter]
1028. Cohen 9/12 /18 30 2, at I I.
1029. Cohen 9/12/18 3 02, at l0.
1030. ° Cohen 9/1 2/18 302, at I 0.
1031. Cohen 1 1/20/18 302, at 7. At a White House press briefing on April 23, 2018 , in response to a question about whether the White House had “close[d] the door one way or the other on the President pardoning Michael Cohen,” Sanders sa id, “It’s hard to close the door on something that hasn’t taken place. I don’t like to discuss or comment on hypothetical situations that may or may not ever happen. I would refer you to personal attorneys to comment on anything specific regarding that case, but we don’t have anything at this point. “Sarah Sanders, White House Daily Briefing, C-SPAN (Apr. 23, 2018).
1032. Cohen 11 /20/1 8 302, at 7; Cohen 3/19/19 302, at 3.
1033. Cohen 3/1 9/19 302, at 3.
1034. Cohen 3/1 9/19 302, at 3-4.
1035. Remarks by President Trump and President Macron of France Before Restricted Bil.ateral Meeting, The White House (Apr. 24, 2018).
1036. President Donald Trump Holds Media Availability Before Departing/ or the G-7 Summit, CQ Newsmaker Transcripts (June 8, 2018).
1037. Remarks by President Trump in Press Gaggle, The White House (June 1 5, 2018).
1038. EXCLUSIVE: Michael Cohen says family and country, not President Trump, is his ‘first loyalty’, ABC (July 2, 2018). Cohen said in the interview, “ To be crysta·l clear , my wife, my daughter and my son, and this country have my first loyalty.”
1039. See e.g., Darren Samuelso hn, Michael Cohen hires Clinton scandal veteran Lanny Davis, Politico (July 5, 2018).
1040. See, e.g., Matt Apuzzo et al., Michael Cohen Secretly Taped Trump Discussing Payment to Playboy Model, New York Times (July 20, 2018).
1041. @r alDonaldTrump 7/21/18 (8: IO a.m. ET) Tweet.
1042. See, e.g., Jim Sciutto , Cuomo Prime Time Transcript, CNN (July 26, 201 8).
1043. @rea1DonaldT rump 7/27/18 (7:26 a.rn. ET) Tweet; @realDonaldT rurnp 7/27/18 (7:38 a.rn. ET) Tweet; @realDonaldTrump 7/27/18 (7:56 a.m. ET) Tweet. At the time of these tweets, the press had reported that Cohen’s financial interests in taxi cab medallions were being scrutinized by investigators. See, e.g., Matt Apu zzo et al., Michael Cohen Secretly Taped Trump Discussing Payment to Playboy Model, New York Times (July 20, 2018) .
1044. Cohen Informat ion.
1045. Cohen 8/21/18 Transcr i pt, at 23.
1046. @realDonaldTrump 8/22/18 (9:21 a.m. ET) Tweet.
1047. /17/18 Letter, Special Couns el’s Office to President’s Personal Counsel (attaching written questions for the President, with attachments) .
1048. /17 /1 8 Letter, Special Couns el’s Office to President’s Personal Counsel (attaching written questions for the President), Question III, Parts (a) through (g).
1049. Written Respons es of Donald J. Trump (Nov. 20, 2018).
1050. Written Responses of Donald J. Tmmp (Nov. 20, 2018), at 15 (Response to Question III, Parts (a) through (g)).
1051. Cohen Information; Cohen 8/21/18 Transcript.
1052. Plea Agreement at 4, United States v. Michael Cohen, 1:18-cr-850 (S.D.N.Y. Nov. 29, 2018).
1053. President Trump Departure Remarks, C-SPAN (Nov. 29, 2018). In contrast to the President’s remarks followin·g c ohen’s guilty plea, Cohen’s August 28, 2017 statement to Congress stated that Cohen, not the Presid ent, “decided to abandon the proposal” in late January 2016; that Cohen “did not ask or brief Mr. Trump. .. before I made the decision to terminate further work on the proposal”; and that the decision to abandon the proposal was “ unr elated” to the Campaign. P-SC0-000009477 (Statement of Michael D. Cohen, Esq. (Aug. 28, 2017)).
1054. President Trump Departure Remarks , C-SPAN (Nov. 29, 2018).
1055. President Trump Departure Remarks, C-SPAN (Nov. 29, 2018).
1056. President Trump Departure Remarks, C-SPAN (Nov. 29, 2018).
1057. /23/19 Letter, Special Counsel’s Office to President’s Personal Counsel.
1058. /23/19 Letter, Special Counsel’s Office to President’s Personal Counsel.
1059. /6/19 Letter, President’s Personal Counsel to Special Counsel’s Office.
1060. @real Dona ldTrump 1 2/3/18 (10:24 a.m. ET and 10:29 a.m. ET) Tweets (emphasis added).
1061. @realDonaldTrump 12/3/18 (10:48 a.m. ET) Tweet.
1062. Cohen 12/12/18 Transcript.
1063. @rea lDonaldT rump 12/13/18 (8:17 a.m. ET, 8:25 a.m. ET, and 8:39 a.m. ET) Tweets (emphasis added)
1064. @realDonaldTrump 12/16/18 (9:39 a.m. ET) Tweet.
1065. Jeanine Pirr o Interview with President Trump, Fox News (Jan. 1 2, 2019) (emphasis added).
1066. @realDonald Trump 1 /18 /19 (10:02 a.m. ET) Tweet (emphasis added).
1067. Statement by Lanny Davis , Cohen‘s personal counsel (Jan. 23, 2019).
1068. @realDonaldTrump 1/24/19 (7:48 a.m. ET) Tweet.
1069. Meet the Press Interview with Rudy Gi uliani, NBC (Jan. 20, 2019).
1070. Mark Mazzetti et al., Moscow Skyscraper Talks Continued Through “ the Day I Won,” Trump ls Said to Acknowledge, New York Times (Jan. 20, 2019).
1071. Maggie Haberman, Giuliani Says His Moscow Trump Tower Comments Were “ Hypoth etical” , New York Times (Jan. 21, 201 9). In a letter to this Office, the President’s counsel stated that Gi uli ani’s public comments “ were not intended to suggest nor did they reflect knowledge of the existence or timingof conversations beyond that contained in the President’s [written responses to the Special Counsel’s Office].” 2/6/19 Letter, President’s Personal Counsel to Special Counsel’s Office.
1072. /23/17 Letter, President’s Personal Counsel to Special Counsel’s Office; see also 1 /29/1 8 Letter, President’s Personal Counsel to Special Couns el’s Office; 2/6/18 Letter, President’s Personal Couns el to Special Counsel’s Office; 8/8/18 Letter, President’s Personal Counsel to Special Counsel’s Office, at 4.
1073. /6/18 Letter, President’s Personal Counsel to Special Counsel’s Office, at 2-9. Counsel has also noted that other potentially applicable obstruction statutes, such as 18 U.S.C. § 1 505, protect only pending proceedings. 6/23/17 Letter, Presid ent’s Personal Counsel to Special Counsel’s Office, at 7-8. Section 1512(c)(2) is not li mited to pending proceed in gs, but also applies to future proceedings that the person contempl ated. See Volume II, Section Ill.A, supra .
1074. /23/17 Letter, President’s Personal Counsel to Special Counsel’s Office , at I (“ [ T]he President cannot obstruct . . . by simply exercising these inherent Constitutional pow ers.”).
1075. /23/17 Letter, President’s Personal Counsel to Special Counsel’s Office, at 2 n. 1.
1076. /23/1 7 Letter, President’s Personal Counsel to Special Counsel’s Office, at 2 n.1 (dashes omitt ed); see also 8/8/18 Letter, President’s Personal Counsel to Special Counsel’s Office, at 4 (“[T]he obstruction-of-justice statutes cannot be read so expansive ly as to create potential liability based on facially lawful acts undertaken by the President in furtherance of his core Article TT discretionary authority to remove principal officers or carry out the prosecution function.” ).
1077. See U.S. Br., United States v. Kumar, Nos. 06- 5482-c r(L), 06-5654-cr(CON) (2d Cir. filed Oct. 26, 2007), at pp. 1 5-28; United States v. Singleton, Nos. H-04-CR-514SS, H-06-cr-80 (S.D. Tex. filed June 5, 2006).
1078. The Office of Legal Counsel recently relied on several of the same interpretive principles in concluding that language that appeared in the first clause of the Wire Act, 18 U.S.C. § 1084, restricting its prohibition against certain betting or wagering activities to “any sporting event or contest,” did not apply to the second clause of the same statute, which reaches other betting or wagering activities. See Reconsidering Whether the Wire Act Appli es to Non-Sports Gambling (Nov. 2, 2018 ), slip op. 7 (relying on plain language); id. at 11 (finding it not “tenable to read into the second clause the qualifier ‘on any sporting event or contest’ that appears in the first clause”); id. at 12 (relying on Digital Realty).
1079. In Sykes v. United States, 564 U.S. I , 15 (2011), the Supreme Court substantially abandoned Begay’s reading of the residual clause, and in Johnson v. United States, 135 S. Ct. 2551 (2015), the Court invalidated the residual clause as unconstitutionally vague. Begay’s analysis of the word “otherwise” is thus of limited value.
1080. The Supreme Court’s decision in Marinello v. United States, 138 S. Ct. 110 I (2018), does not support imposing a non-tex tual limitation on Section 1 512(c)(2). Marinello interpreted the tax obstruction statute, 26 U.S.C. § 72 l 2(a), to require “a ‘ nexus’ between the defendant’s conduct and a particular adm inistrat ive proceeding.” Id. at 11 09. The Court adopted that construction in light of the similar interpretation given to “other obstruction provisions,” id. (citing Aguilar and Arthur Andersen ), as well as considerations of context, legislative history, structure of the criminal tax laws, fair warn ing, and lenity. Id. at 11 06-11 08. The type of “nexus” element the Court adopted in Marinello already applies under Section l 512(c)(2), and the remaining considerations the Court cited do not justify reading into Section 1 51 2(c)(2) language that is not ther e. See Bates v. United States, 522 U.S. 23, 29 (1997) (the Court “ordinarily resist[s] reading words or elements into a statute that do not appear on its face.”).
1081. The Senate ultimately accepted the House version of the bil l, which excluded an omnibus claus e. See United States v. Poindexter , 951 F.2d 369, 382-383 (D.C. Cir. 1991) (tracing history of the proposed omnibus provision in the witness-protection legislation). During the floor debate on the bill, Senator Heinz, one of the initiators and primary backers of the legislation, explained that the omnibus clause was beyond the scope of the witness-protection measure at issue and likely “duplicative” of other obstruction law s, 128 Cong. Rec. 26,810 (1982) (Sen. Heinz), presumably referring to Sections 1503 and 1505.
1082. In a separate section addressing considerations unique to the presidency, we consider principles of statutory construction relevant in that context. See Volume TI, Section III.B.l, irifra .
1083. In United States v. Poinde xter, 951 F.2d 369 (D.C. Cir. 1991), the court of appeals found the term “corrupt ly” in 18 U.S.C. § 1505 vague as applied to a person who provided false information to Congress. After suggesting that the word “ corruptly” was vague on its face, 951 F.2d at 378, the court
1084. Section I 503(a) provides for criminal punishment of: Whoever ... conuptly or by threats or force, or by any threatening letter or communication, influences, obstructs, or impedes, or endeavors to influence, obstruct, or impede, the due administration of justice.
1085. Section 1505 provides for criminal punishment of: Whoever corruptly. .. influences, obstructs, or impedes or endeavors to influence, obstruct, or impede the due and proper administration of the law under which any pending proceeding is being had before any department or agency of the United States, or the due and proper exercise of the power of inquiry under which any inquiry or investigation is being had by either House, or any committee of either House or any joint committee of the Congress.
1086. /23/17 Letter, President’s Personal Counsel to Special Counsel’s Office, at 2 n. I.
1087. OLC applied such a balancing test in concluding that the President is not subject to criminal prosecution while in office, relying on many of the same precedents discussed in this section. See A Sitting President’s Amenability to Indictment and Criminal Prosecution, 24 Op. O.L.C. 222, 237-238, 244-245 (2000) (relying on, inter alia, United States v. Nixon , Nixon v. Fitzge rald, and Clinton v. Jones, and quoting the legal standard from Administrator of General Services v. Nixon that is applied in the text). OLC recognized that “[t]he balancing ana lysis “ it had initially relied on in finding that a sitting President is immune from prosecution had “been adopted as the appropriate mode of analysis by the Court.” Id. at 244.
1088. Although the FBI director is an inferior officer , he is appointed by the President and removable by him at will, see 28 U.S.C. § 532 note, and it is not clear that Congress could constitutionally provide the FBI director with good-cause tenure protection. See OLC, Constitutionality of Legislation Extending the Term of the FBI Director, 2011 WL 2566125, at *3 (O.L.C. June 20, 2011) (“tenure protection for an officer with the FBI Director’s broad invest igative, administ rative , and policymaking responsibilities would raise a serious constitutional question whether Congress had ‘impede[d] the President’s ability to perform his constitutional duty ‘ to take care that the laws be faithfully executed”) (quoting Morrison, 487 U.S. at 691).
1089. The obstruction statutes do not disqualify the President from acting in a case simply because he has a personal interest in it or because his own conduct may be at issue. As the Depa,tment of Justice has made clear, a claim ofa conflict of inter est, standing alone, cannot deprive the President of the ability to fulfill his constitutional function. See, e.g., OLC, Application of 28 U.S.C. § 458 to Presidential Appointments of Federal Judges, 19 O.L.C. Op. at 356 (citing Memorandum for Richard T. Burress, Office of the President, from Laurence H. Silberman, Deputy Attorney General, Re: Conflict of Interest Problems Arising out of the President’s Nomination of Nelson A. Rockefeller to be Vice President under the Twenty Fifth Amendment to the Constitution, at 2, 5 (Aug. 28, 1974)).
1090. As noted above, the President’s selection and removal of principal executive officers may have a unique constitutional status.
1091. A possible remedy through impeachment for abuses of power would not substitute for potential criminal liability after a President leaves office. Impeachment would remove a President from office, but would not address the underlying culpability of the conduct or serve the usual purposes of the criminal law. Indeed, the Impeachment Judgment Clause recognizes that criminal law plays an independent role in addressing an official’s conduct, distinct from the political remedy of impeachment. See U.S. CONST. ART. I, § 3, cl. 7. Impeachment is also a drastic and rarely invoked rem edy, and Congress is not restricted to relying only on impeachment, rather than making criminal law applicable to a former Presid ent, as OLC has recognized. A Sitting President’s Amenability to Indictment and Criminal Prosecution , 24 Op. O.L.C. at 255 (“Recognizing an immunity from prosecution for a sitting President would not preclude such prosecution once the President’s term is over or he is otherwise removed from office by resignation or imp eachmen t.”).
1092. Similar institutional safeguards protect Department of Justice officers and line prosecutors against unfounded investigations into prosecutorial acts. Prosecutors are generally barred from participating in matters implicating their personal interests, see 28 C.F.R. § 45.2, and are instructed not to be influenced by their “own professional or personal circumstances,” Justice Manual § 9-27.260, so prosecutors would not frequently be in a position to take action that could be perceived as corrupt and personally motiva ted. And if such cases arise, criminal investigation would be conducted by responsible officials at the Department of Justice, who can be presumed to refrain from pursuing an investigation absent a credible factual basis. Those facts distingui s h the criminal context from the common-law rule of prosecutorial immunity , which protects against the threat of suit by “a defendant [who] often will transform his resentment at being prosecuted into the ascription of improper and malicious actions.” Imbler v. Pachtman, 424 U.S. 409, 425 (1 976). As the Supreme Court has noted , the existence of civil immunity does not justify criminal i mmunity. See O’Shea v. Littleton, 414 U.S. 488, 503 ( t 974) (“Whatever may -be the case with respect to civil liability generally, . . . we have never held that the performance of the duties of judicial, legislative, or executive officers, requires or contemplates the immunization of otherwise criminal deprivation of constitutional rights.”) (citations omitted).