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Index
Cover
Introduction: A President, a Prosecutor, and the Protection of American Democracy by Rosalind S. Helderman and Matt Zapotosky of 'The Washington Post'
List of Individuals, Arranged by Organizational Affiliation
Timeline of the Special Counsel’s Investigation
Note to the Reader
Report On The Investigation Into Russian Interference In The 2016 Presidential Election
TABLE OF CONTENTS - VOLUME I
Introduction to Volume I
Executive Summary to Volume I
Russian Social Media Campaign
Russian Hacking Operations
Russian Contacts With The Campaign
The Special Counsel’s Charging Decisions
I. The Special Counsel’s Investigation
II. Russian “Active Measures” Social Media Campaign
A. Structure of the Internet Research Agency
B. Funding and Oversight from Concord and Prigozhin
C. The IRA Targets U.S. Elections
1. The IRA Ramps Up U.S. Operations As Early As 2014
2. U.S. Operations Through IRA-Controlled Social Media Accounts
3. U.S. Operations Through Facebook
4. U.S. Operations Through Twitter
a. Individualized Accounts
b. IRA Botnet Activities
5. U.S. Operations Involving Political Rallies
6. Targeting and Recruitment of U.S. Persons
7. Interactions and Contacts with the Trump Campaign
a. Trump Campaign Promotion of IRA Political Materials
b. Contact with Trump Campaign Officials in Connection to Rallies
III. Russian Hacking and Dumping Operations
A. GRU Hacking Directed at the Clinton Campaign
1. GRU Units Target the Clinton Campaign
2. Intrusions into the DCCC and PNC Networks
a. Initial Access
a. Implantation of Malware on DCCC and DNC Networks
a. Theft of Documents from DNC and DCCC Networks
B. Dissemination of the Hacked Materials
1. DCLeaks
2. Guccifer 2.0
3. Use of WikiLeaks
a. WikiLeaks’s Expressed Opposition Toward the Clinton Campaign
b. WikiLeaks’s First Contact with Guccifer 2.0 and DCLeaks
c. The GRU’s Transfer of Stolen Materials to WikiLeaks
d. WikiLeaks Statements Dissembling About the Source of Stolen Materials
C. Additional GRU Cyber Operations
1. Summer and Fall 2016 Operations Targeting Democrat-Linked Victims
2. Intrusions Targeting the Administration of U.S. Elections
D. Trump Campaign and the Dissemination of Hacked Materials
1. [+ + + + + + + + + + + + +]
a. Background
b. Contacts with the Campaign about WikiLeaks
c. [+ + + + + + + + + + + + + + + + + + + + + + + +]
d. WikiLeaks’s October 7, 2016 Release of Stolen Podesta Emails
e. Donald Trump Jr. Interaction with WikiLeaks
2. Other Potential Campaign Interest in Russian Hacked Materials
a. Henry Oknyansky (a/k/a Henry Greenberg)
b. Campaign Efforts to Obtain Deleted Clinton Emails
IV. Russian Government Links To And Contacts With The Trump Campaign
A. Campaign Period (September 2015 - November 8, 2016)
1. Trump Tower Moscow Project
a. Trump Tower Moscow Venture with the Crocus Group (2013-2014)
b. Communications with I.C. Expert Investment Company and Giorgi Rtskhiladze (Summer and Fall 2015)
c. Letter of Intent and Contacts to Russian Government (October 2015-January 2016)
i. Trump Signs the Letter of Intent on behalf of the Trump Organization
ii. Post-LOI Contacts with Individuals in Russia
d. Discussions about Russia Travel by Michael Cohen or Candidate Trump (December 2015-June 2016)
i. Sater’s Overtures to Cohen to Travel to Russia
ii. Candidate Trump’s Opportunities to Travel to Russia
a. Origins of Campaign Work
b. Initial Russia-Related Contacts
c. March 31 Foreign Policy Team Meeting
d. George Papadopoulos Learns That Russia Has “Dirt” in the Form of Clinton Emails
e. Russia-Related Communications With The Campaign
f. Trump Campaign Knowledge of “Dirt”
g. Additional George Papadopoulos Contact
3. Carter Page
a. Background
b. Origins of and Early Campaign Work
c. Carter Page’s July 2016 Trip To Moscow
d. Later Campaign Work and Removal from the Campaign
a. CNI and Dimitri Simes Connect with the Trump Campaign
b. National Interest Hosts a Foreign Policy Speech at the Mayflower Hotel
c. Jeff Sessions }s Post-Speech Interactions with CNI
d. Jared Kushner’s Continuing Contacts with Simes
5. June 9, 2016 Meeting at Trump Tower
a. Setting Up the June 9 Meeting
i. Outreach to Donald Trump Jr.
ii. Awareness of the Meeting Within the Campaign
b. The Events of June 9, 2016
i. Arrangements for the Meeting
ii. Conduct of the Meeting
c. Post-June 9 Events
6. Events at the Republican National Convention
a. Ambassador Kislyak’s Encounters with Senator Sessions and J.D. Gordon the Week of the RNC
b. Change to Republican Party Platform
7. Post-Convention Contacts with Kislyak
a. Ambassador Kislyak Invites J.D. Gordon to Breakfast at the Ambassador’s Residence
Senator Sessions’s September 2016 Meeting with Ambassador Kislyak
8. Paul Manafort
a. Paul Manafort’s Ties to Russia and Ukraine
i. Oleg Deripaska Consulting Work
ii. Political Consulting Work
iii. Konstantin Kilimnik
b. Contacts during Paul Manafort’s Time with the Trump Campaign
i. Paul Manafort Joins the Campaign
ii. Paul Manafort1’s Campaign-Period Contacts
c. Post-Resignation Activities
B. Post-Election and Transition-Period Contacts
1. Immediate Post-Election Activity
a. Outreach from the Russian Government
b. High-Level Encouragement of Contacts through Alternative Channels
2. Kirill Dmitriev’s Transition-Era Outreach to the Incoming Administration
a. Background
b. Kirill Dmitriev’s Post-Election Contacts With the Incoming Administration
c. Erik Prince and Kirill Dmitriev Meet in the Seychelles
i. George Nader and Erik Prince Arrange Seychelles Meeting with Dmitriev
ii. The Seychelles Meetings
iii. Erik Prince’s Meeting with Steve Bannon after the Seychelles Trip
d. Kirill Dmitriev’s Post-Election Contact with Rick Gerson Regarding U.S.- Russia Relations
3. Ambassador Kislyak’s Meeting with Jared Kushner and Michael Flynn in Trump Tower Following the Election
4. Jared Kushner’s Meeting with Sergey Gorkov
5. Petr Aven’s Outreach Efforts to the Transition Team
6. Carter Page Contact with Deputy Prime Minister Arkady Dvorkovich
3. Contacts With and Through Michael T. Flynn
a. United Nations Vote on Israeli Settlements
b. U.S. Sanctions Against Russia
V. Prosecution and Declination Decisions
A. Russian “Active Measures” Social Media Campaign
B. Russian Hacking and Dumping Operations
1. Section 1030 Computer-Intrusion Conspiracy
a. Background
b. Charging Decision As to [+ + + + + + + + + + + + + + + + + + + + + + + +]
2. Potential Section 1030 Violation By [# # # # # # # # # #]
C. Russian Government Outreach and Contacts
1. Potential Coordination: Conspiracy and Collusion
2. Potential Coordination: Foreign Agent Statutes (FARA and 18 U.S.C. § 951)
a. Governing Law
b. Application
3. Campaign Finance
a. Overview Of Governing Law
b. Application to June 9 Trump Tower Meeting
i. Thing-of-Value Element
ii. Willfulness
iii. Difficulties in Valuing Promised Information
c. Application to [+ + + + + + + + + + + + +]
i. Questions Over Whether [+ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + +]
ii. Willfulness
iii. Constitutional Considerations
iv. Analysis as to [+ + + + +]
4. False Statements and Obstruction of the Investigation
a. Overview Of Governing Law
b. Application to Certain Individuals
i. George Papadopoulos
ii. [+ + + + +]
iii. Michael Flynn
iv. Michael Cohen
v. [+ + + + +]
vi. Jeff Sessions
vii. Others Interviewed During the Investigation
Report On The Investigation Into Russian Interference In The 2016 Presidential Election
TABLE OF CONTENTS - VOLUME II
Introduction to Volume II
Executive Summary to Volume II
I. Background Legal And Evidentiary Principles
A. Legal Framework of Obstruction of Justice
B. Investigative and Evidentiary Considerations
II. Factual Results Of The Obstruction Investigation
A. The Campaign’s Response to Reports About Russian Support for Trump
1. Press Reports Allege Links Between the Trump Campaign and Russia
2. The Trump Campaign Reacts to WikiLeaks’s Release of Hacked Emails
3. The Trump Campaign Reacts to Allegations That Russia was Seeking to Aid Candidate Trump
4. After the Election, Trump Continues to Deny Any Contacts or Connections with Russia or That Russia Aided his Election
B. The President’s Conduct Concerning the Investigation of Michael Flynn
Incoming National Security Advisor Flynn Discusses Sanctions on Russia with Russian Ambassador Sergey Kislyak
President-Elect Trump is Briefed on the Intelligence Community’s Assessment of Russian Interference in the Election and Congress Opens Election-Interference Investigations
Flynn Makes False Statements About his Communications with Kislyak to Incoming Administration Officials, the Media, and the FBI
DOJ Officials Notify the White House of Their Concerns About Flynn
McGahn has a Follow-Up Meeting About Flynn with Yates: President Trump has Dinner with FBI Director Comey
6. Flynn’s Resignation
7. The President Discusses Flynn with FBI Director Comey
8. The Media Raises Questions About the President’s Delay in Terminating Flynn
9. The President Attempts to Have K.T. McFarland Create a Witness Statement Denying that he Directed Flynn’s Discussions with Kislyak
C. The President’s Reaction to Public Confirmation of the FBI’s Russia Investigation
1. Attorney General Sessions Recuses From the Russia Investigation
2. FBI Director Comev Publicly Confirms the Existence of the Russia Investigation in Testimony Before HPSCI
3. The President Asks Intelligence Community Leaders to Make Public Statements that he had No Connection to Russia
4. The President Asks Comey to “Lift the Cloud” Created by the Russia Investigation
D. Events Leading Up To and Surrounding the Termination of FBI Director Comey
1. Comey Testifies Before the Senate Judiciary Committee and Declines to Answer Questions About Whether the President is Under Investigation
2. The President Makes the Decision to Terminate Comey
E. The President’s Efforts to Remove the Special Counsel
1. The Appointment of the Special Counsel and the President’s Reaction
2. The President Asserts that the Special Counsel has Conflicts of Interest
3. The Press Reports that the President is Being Investigated for Obstruction of Justice and the President Directs the White House Counsel to Have the Special Counsel Removed
F. The President’s Efforts to Curtail the Special Counsel Investigation
1. The President Asks Corey Lewandowski to Deliver a Message to Sessions to Curtail the Special Counsel Investigation
2. The President Follows Up with Lewandowski
3. The President Publicly Criticizes Sessions in a New York Times Interview
4. The President Orders Priebus to Demand Sessions’s Resignation
1. The President Learns About the Existence of Emails Concerning the June 9, 2016 Trump Tower Meeting
2. The President Directs Communications Staff Not to Publicly Disclose Information About the June 9 Meeting
3. The President Directs Trump Jr.’s Response to Press Inquiries About the June 9 Meeting
4. The Media Reports on the June 9, 2016 Meeting
H. The President’s Further Efforts to Have the Attorney General Take Over the Investigation
1. The President Again Seeks to Have Sessions Reverse his Recusal
2. Additional Efforts to Have Sessions Unrecuse or Direct Investigations Covered by his Recusal
I. The President Orders McGahn to Deny that the President Tried to Fire the Special Counsel
1. The Press Reports that the President Tried to Fire the Special Counsel
2. The President Seeks to Have McGahn Dispute the Press Reports
J. The President’s Conduct Towards Flynn, Manafort, [+ + + + +]
1. Conduct Directed at Michael Flynn
2. Conduct Directed at Paul Manafort
[+ + + + + + + + + + + + +]
K. The President’s Conduct Involving Michael Cohen
1. Candidate Trump’s Awareness of and Involvement in the Trump Tower Moscow Project
2. Cohen Determines to Adhere to a “Party Line” Distancing Candidate Trump From Russia
3. Cohen Submits False Statements to Congress Minimizing the Trump Tower Moscow Project in Accordance with the Party Line
4. The President Sends Messages of Support to Cohen
5. The President’s Conduct After Cohen Began Cooperating with the Government
L. Overarching Factual Issues
III. Legal Defenses To The Application Of Obstruction-Of-Justice Statutes To The President
A. Statutory Defenses to the Application of Obstruction-Of-Justice Provisions to the Conduct Under Investigation
1. The Text of Section 1512[c][2] Prohibits a Broad Range of Obstructive Acts
2. Judicial Decisions Support a Broad Reading of Section 1512(c)(2)
3. The Legislative History of Section 1512(c)(2) Does Not Justify Narrowing Its Text
4. General Principles of Statutory Construction Do Not Suggest That Section 1512(c)(2) is Inapplicable to the Conduct in this Investigation
5. Other Obstruction Statutes Might Apply to the Conduct in this Investigation
B. Constitutional Defenses to Applying Obstruction-Of-Justice Statutes to Presidential Conduct
1. The Requirement of a Clear Statement to Apply Statutes to Presidential Conduct Does Not Limit the Obstruction Statutes
2. Separation-of-Powers Principles Support the Conclusion that Congress May Validly Prohibit Corrupt Obstructive Acts Carried Out Through the President’s Official Powers
a. The Supreme Court’s Separation-of-Powers Balancing Test Applies In This Context
b. The Effect of Obstruction-of-Justice Statutes on the President’s Capacity to Perform His Article II Responsibilities is Limited
c. Congress Has Power to Protect Congressional, Grand Jury, and Judicial Proceedings Against Corrupt Acts from Any Source
3. Ascertaining Whether the President Violated the Obstruction Statutes Would Not Chill his Performance of his Article II Duties
IV. Conclusion
Appendix A
Appendix B
APPENDIX B: GLOSSARY
Appendix C
APPENDIX C
Introductory Note
III. The Trump Organization Moscow Project
IV. Contacts with Russia and Russia-Related Issues During the Campaign
V. Contacts with Russia and Russia-Related Issues During the Transition
RESPONSES OF PRESIDENT DONALD J. TRUMP
I. June 9, 2016 Meeting at Trump Tower
II. Russian Hacking / Russian Efforts Using Social Media / WikiLeaks
III. The Trump Organization Moscow Project
IV. Contacts with Russia and Russia-Related Issues During the Campaign
V. Contacts with Russia and Russia-Related Issues During the Transition
Appendix D
Appendix D
A. Transfers
1. United States v. Biian Rafiekian and Kamil Ekim Alptekin
U.S. Attorney’s Office for the Eastern District of Virginia
(Awaiting trial)
2. United States v. Michael Flynn
U.S. Attorney’s Office for the District of Columbia
(Awaiting sentencing)
3. United States v. Richard Gates
U.S. Attorney’s Office for the District of Columbia
(Awaiting sentencing)
4. United States v. Internet Research Agency, et al. (Russian Social Media Campaign)
U.S. Attorney’s Office for the District of Columbia
National Security Division
(Post-indictment, pre-arrest pre-trial)
5. United States v. Konstantin Kilimnik
U.S. Attorney’s Office for the District of Columbia
(Post-indictment, pre-arrest)
6. United States v. Paul Manafort
U.S. Attorney’s Office for the District of Columbia
U.S. Attorney’s Office for the Eastern District of Virginia
(Post-conviction)
7. United States v. Vilctor Netyksho, et al. (Russian Hacking Operations)
U.S. Attorney’s Office for the Western District of Pennsylvania
National Security Division
(Post-indictment, pre-arrest)
8. United States v. William Samuel Patten
U.S. Attorney’s Office for the District of Columbia
(Awaiting sentencing)
9. [+ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + +]
[+ + + + + + + + + + + + + + + + + + + + + + + +]
10. United States v. Roger Stone
11. [+ + + + + + + + + + + + +]
B. Referrals
1. [+ + + + + + + + + + + + +]
2. Michael Cohen
3. [+ + + + + + + + + + + + +]
4. [+ + + + + + + + + + + + +]
5. Gregory Craig {dojredact}}[+ + + + + + + + + + + + +]Skadden, Arps, Slate, Meagher Flom LLP
6. [+ + + + + + + + + + + + +]
7. [+ + + + + + + + + + + + +]
8. [+ + + + + + + + + + + + +]
9. [+ + + + + + + + + + + + +]
10. [+ + + + + + + + + + + + +]
11. [+ + + + + + + + + + + + +]
12. [+ + + + + + + + + + + + +]
13. [+ + + + + + + + + + + + +]
14. [+ + + + + + + + + + + + +]
C. Completed Prosecutions
1. United States v. George Papadopoulos
2. United States v. Alex van der Zwaan
3. United States v. Richard Pinedo
Mueller and Trump: Born to Wealth, Raised to Lead. Then, Sharply Different Choices by Marc Fisher and Sari Horwitz of 'The Washington Post'
Glossary of Legal Terms
The Key Documents in the Special Counsel’s Investigation, Arranged in Chronological Order, with Introductions by 'The Washington Post'
1. Appointment Order, Acting Attorney General Rod J. Rosenstein, May 17, 2017
2. Statement of the Offense, 'US v. George Papadopoulos' (US District Court for the District of Columbia, October 5, 2017)
3. Statement of the Offense, 'US v. Michael T. Flynn' (US District Court for the District of Columbia, December 1, 2017)
4. Indictment in 'US v. Internet Research Agency et al.' (US District Court for the District of Columbia, February 16, 2018)
5. Indictment in 'US v. Viktor Borisovich Netyksho et al.' (US District Court for the District of Columbia, July 13, 2018)
6. Statement of the Offenses and Other Acts, 'US v. Paul J. Manafort, Jr.' (US District Court for the District of Columbia, September 14, 2018)
7. Criminal Information, 'US v. Michael Cohen' (US District Court for the Southern District of New York, November 29, 2018)
8. Transcript of Sentencing Hearing, 'US v. Michael Cohen' (US District Court for the Southern District of New York, December 12, 2018)
9. Indictment in 'US v. Roger Jason Stone, Jr.' (U.S. District Court for the District of Columbia, January 24, 2019)
10. Letter from Attorney General William P. Barr to US Senate and House Judiciary Committees, March 24, 2019
About the Authors
Copyright
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