# ========================================================================== # IMPORTANT TECHNICAL NOTICE # ========================================================================== # 1. TECHNICAL PRE-PROCESSING: This output constitutes technical data # pre-processing and does not constitute legal advice, analysis, or the # provision of regulated services. # # 2. NO WARRANTY: This text is the result of algorithmic segmentation and # probabilistic compression. Kaipsul LLC makes no warranties regarding # accuracy or completeness. Mandatory verification against source # documentation is required. # # 3. PROFESSIONAL RESPONSIBILITY: Users retain sole and exclusive # responsibility for all professional obligations, decisions, and work # product derived herein. # ========================================================================== MIRC v0.1.0 Processing Log Total Chunks: 208 Successful: 208 Failed: 0 Original: 622,454 chars Compressed: 83,730 chars Ratio: 13.5% ======================================= CHUNK 1 ======================================= The Mueller Report details the U.S. Department of Justice's investigation into Russian interference in the 2016 presidential election, focusing on the Trump campaign's alleged connections with Russia. Key findings include the campaign's handling of WikiLeaks emails, President Trump's denial of ties with Russia, and Michael Flynn's false statements about his communications with Russia's ambassador. The report also covers Trump's attempts to influence the investigation and his dealings with FBI Director Comey, culminating in Comey's resignation amid questions about the president's involvement. CHUNK 2 ======================================= Summary: President seeks to remove Special Counsel, citing conflicts and obstruction. He manipulates investigations, directs staff, and tries to control narrative. He attempts to silence emails about a 2016 meeting with Russians. Press reports on his alleged attempts to obstruct justice and fire the Special Counsel. He pressures Sessions for investigations and seeks Attorney General involvement. He manipulates witnesses and maintains misleading narratives. CHUNK 3 ======================================= The report examines the application of obstruction-of-justice statutes to presidential conduct. Judicial and legislative history support a broad interpretation of Section 1512(c)(2), and other obstruction statutes might apply. Constitutional separation-of-powers arguments justify Congress's authority to prohibit corrupt acts through presidential powers, suggesting the statute's impact on presidential duties is limited. The investigation, starting in 2017, addresses potential obstruction related to the FBI's Russia investigation, with a focus on whether presidential actions affected justice. CHUNK 4 ======================================= The Office of Legal Counsel (OLC) ruled that prosecuting a sitting President would violate the separation of powers. A sitting President can face criminal investigation but not prosecution, and post-presidency, individuals can be prosecuted. An investigation was conducted to preserve evidence. The Justice Manual standards weren't applied to avoid judgment of criminal activity, considering fairness. CHUNK 5 ======================================= A trial offers a public name-clearing process through adversarial review, unlike sealed indictments, which lack such a forum. Concerns arise for a sitting President due to potential public stigma and lack of neutral adjudication. This report, based on thorough investigation, does not conclusively find the President guilty or innocent of obstruction-of-justice, as evidence remains ambiguous. The report is divided into four sections: overview, factual results, defenses, and conclusions. CHUNK 6 ======================================= **Summary:** The President obstructed investigations into Russian support for Trump, expressed skepticism about Russian hacking, denied connections to Russia, and pressured Flynn to resign. He pressured Comey for loyalty and sought to halt Russia probes. CHUNK 7 ======================================= In March 2017, President Trump pressured Attorney General Sessions to recuse himself in investigations related to the Trump Campaign and Russian interference in the 2016 election. Trump also urged Comey to dismiss the Russia investigation. Comey publicly testified about these investigations. Trump fired Comey on May 3, 2017, despite DOJ recommendations, claiming mishandling of the Clinton emails. Trump justified the firing by saying it relieved pressure related to Russia. He later admitted the decision stemmed from distrust in the investigation. Subsequently, a Special Counsel was appointed. CHUNK 8 ======================================= President attempted to obstruct Special Counsel's Russia investigation. Despite Sessions's resignation, President didn't accept. Special Counsel investigating potential obstruction. President criticized DOJ and counsel. Sessions resisted threats, decided to resign to avoid backlash. President pressured Lewandowski to influence Sessions's stance, publicly criticized Sessions. CHUNK 9 ======================================= Lewandowski asked Rick Dearborn to deliver a message to Sessions; Dearborn declined. The President suppressed information about a Trump Tower meeting with a Russian lawyer. He urged Attorney General Sessions to investigate Clinton but failed. The President pressured McGahn to deny orders to remove the Special Counsel, who threatened resignation. CHUNK 10 ======================================= The President pressured McGahn to deny reports about removing the Special Counsel and questioned McGahn's notes. He showed favoritism to Flynn, Manafort, and Stone, and criticized Cohen. Cohen was praised for minimizing Trump's involvement in the Trump Tower Moscow project but castigated for cooperating with authorities. CHUNK 11 ======================================= Cohen urged the President to stay strong, passed private messages of support, and discussed pardons with counsel. After Cohen cooperated with the government in 2018, the President publicly criticized him, calling him a "rat" and suggesting family crimes. The DOJ found the President's actions distinct from typical obstruction cases, as they involved lawful executive actions and public displays, affecting justice integrity. The investigation showed no underlying crime but uncovered potential obstruction, indicating a possible motive shift from initial denial to awareness of his conduct. CHUNK 12 ======================================= The President is under investigation for obstruction-of-justice. Legal defenses were considered but found lacking. Statutory laws apply broadly, and constitutional defenses remain unresolved, allowing for potential obstruction charges. CHUNK 13 ======================================= The report evaluates whether the President engaged in corrupt official actions that could obstruct justice, but concludes it cannot definitively state guilt or innocence. It emphasizes that prohibiting corrupt actions aligns with the President's constitutional duties and supports the impartial administration of justice. The investigation does not conclude on prosecutorial judgments, acknowledging complex issues that require further resolution. CHUNK 14 ======================================= The investigation focuses on obstruction-of-justice laws, emphasizing key elements like obstructive acts, nexus to official proceedings, and corrupt intent. It details common elements interpreted by courts and specific statutes concerning witness tampering and attempted offenses. Obstruction laws apply broadly to any corrupt conduct hindering justice, regardless of subtlety or means. An improper motive can render lawful actions criminal if done with corrupt intent. A nexus to pending official proceedings is typically required for a conviction. CHUNK 15 ======================================= The Fed. R. Crim. P. 6(e) and related statutes require demonstrating a nexus-time, causation, or logic-between an obstructive act and an official proceeding. Section 1505 includes pending federal or congressional inquiries, while Section 1512(c) prohibits obstructing any official proceeding, whether pending or contemplated. The nexus must narrow liability to provide fair warning, with both objective (likely to obstruct) and subjective (foreseeable) components. Acting "corruptly," with dishonesty or improper intent, is essential for obstruction. CHUNK 16 ======================================= "Corruptly" means acting with improper or wrongful intent, requiring consciousness of wrongdoing. Section 1512 prohibits witness tampering, defining it as corruptly persuading someone to influence or obstruct testimony or law enforcement communication. Corrupt persuasion doesn't require coercion; it involves urging or misleading witnesses, even by planting false information. CHUNK 17 ======================================= The document outlines the legal framework for obstruction of justice under Section 1512 of the U.S. Code. It emphasizes that obstruction involves intent to hinder communication with law enforcement and requires proof of corruption, not mere lawful conduct. Attempts to obstruct justice involve concrete steps towards committing an offense, defined by substantial action. The omnibus clause of 18 U.S.C. § 1503 covers broader efforts to obstruct justice without needing to prove actual obstruction. CHUNK 18 ======================================= The Office investigated potential obstruction-of-justice issues involving the President based on: - Dinner with Comey in 2017 requesting loyalty and non-investigation of Flynn. - Requests to Comey to publicly claim non-investigation. - Outreach to intelligence agencies about FBI Russia probe. - Termination of Comey citing Russia investigation. - Statement on Trump Tower meeting omitted key Russian offer. Evidence and legal analysis supported further investigation. White House cooperated on evidence and interviews, but the President declined an interview. CHUNK 19 ======================================= We decided not to issue a grand jury subpoena to the President due to potential delays and existing evidence. We considered circumstantial evidence sufficient for understanding events without his testimony. Intent in obstruction cases often relies on circumstantial evidence, adhering to Fifth Amendment protections against self-incrimination. CHUNK 20 ======================================= Credibility assessments in legal cases consider factors like witness motives, memory, opportunity, corroboration, and prior contradictions. Specific factors include contemporaneous notes and pre-motive statements. False descriptions can indicate guilt. The investigation's factual results detail Russia's role in Trump's 2016 campaign, events involving the FBI's probe of Michael Flynn, Comey's termination, efforts to influence the Special Counsel, disclosure prevention, Attorney General unrecusal, and actions towards McGahn. CHUNK 21 ======================================= Cohen and witnesses summarize evidence focusing on obstruction-of-justice elements: obstructive act, nexus to a proceeding, and intent. The Special Counsel investigates federal obstruction crimes like perjury and intimidation. Evidence gathered supports these elements but does not conclude crimes were committed. The report does not address legal defenses raised by the President. During the 2016 campaign, Trump denied Russia connections despite media and hacked emails implicating them. He sought information from Roger Stone regarding further leaks. Post-election, Trump feared questioning his election legitimacy. The report contextualizes Trump's responses rather than verifying facts. Investigations found some ties between Trump's associates and Russia but insufficient evidence of campaign conspiracy. CHUNK 22 ======================================= In 2015, Trump sought the Republican presidential nomination, positioning himself favorably towards Russia. His rhetoric included praise for Putin and doubts about NATO. Media reported Russian ties among his advisors, including Flynn and Page, with connections to Russian entities. His campaign chairman, Manafort, had worked with a Ukrainian leader backed by Russia. CHUNK 23 ======================================= In late 2016, the Trump campaign reacted positively to WikiLeaks' release of hacked DNC emails, suggesting Russian interference to aid Trump. The DOJ investigated the Trump campaign's role in shifting the GOP platform's stance on Ukraine. CHUNK 24 ======================================= In July 2016, leaked emails helped Trump; NYT reported Russia hacking DNC. Trump denied Russia aiding him, dismissing claims as absurd. CHUNK 25 ======================================= Manafort's account aligns with others, corroborated by multiple witnesses. Trump's tweets and press conference statements show mixed claims about Russia dealings, denying any direct involvement. Trump denied links to Russia despite pursuing deals like Trump Tower Moscow, which Cohen noted was not finalized. Shortly after Trump's comments, Russian intelligence began targeting Clinton's emails. CHUNK 26 ======================================= Donald Trump denied any Russia connections, distanced his campaign from Russian interference, and terminated staff linked to Russia. WikiLeaks released emails allegedly hacked by Russia to influence the 2016 election, with U.S. officials attributing it to Russian officials. CHUNK 27 ======================================= Trump denied Russian interference after being elected. The campaign claimed no contacts with Russia, despite reports of Russian contacts. Intelligence agencies later concluded Russian interference. CHUNK 28 ======================================= The community was unsure if the interference was by Russia or another country, possibly involving someone sitting at home. Reports indicated contacts between Russian officials and Trump allies, although not all supported them. Hicks ensured accuracy by confirming with advisors; no pushback was received. The CIA concluded Russia interfered to help Trump win. The DOJ suggested Democrats fabricated the Russian interference story due to a political defeat. Podesta mentioned the election's distortion by Russian actions, while Priebus dismissed claims of coordination, calling it a spin job. In response to Russian cyber-attacks, the Obama Admin imposed sanctions on Russian individuals and entities. CHUNK 29 ======================================= President-Elect Trump dismissed sanctions, preferring to focus on national progress, yet planned a briefing on Russian interference. Intelligence confirmed Russia aimed to harm Clinton and favored Trump. Despite these findings, BuzzFeed alleged Trump's ties to Russia, which Trump condemned as a disgrace, denying any conflicts of interest. CHUNK 30 ======================================= The President viewed the Russia investigation as undermining his legitimacy. Intelligence assessments about Russia's interference led to concerns that his election was tainted, even without Russian impact. Trump believed the investigation aimed to delegitimize his presidency. Flynn's lies about calls with the Russian Ambassador added to these concerns, prompting the President to ask for Comey's loyalty and demand Flynn's resignation. CHUNK 31 ======================================= President Trump advised Comey to let Flynn go amid discussions of sanctions with Russia's Ambassador. Flynn was appointed National Security Advisor soon after the election. During a private meeting, President suggested dropping Flynn. Early emails among the Presidential Transition Team, including Flynn, discussed sanctions' impact. Flynn planned to meet with the Russian Ambassador. Officials like McFarland believed avoiding escalation was crucial. CHUNK 32 ======================================= McFarland briefed incoming officials on sanctions and potential Russian responses, mentioning cooling tensions. Flynn's call aimed for no escalation. Putin announced non-retaliation. Flynn informed McFarland of this and the meeting. CHUNK 33 ======================================= Flynn's phone call allegedly influenced sanctions discussions with Kislyak and Bannon, but exact details are unclear. Intelligence was surprised by Russia's non-retaliation. Flynn's conversations with Kislyak were central to an FBI investigation. Meanwhile, President-Elect Trump was briefed on Russian election interference, with Comey discussing unverified allegations with him. CHUNK 34 ======================================= The President-Elect expressed confidence in Comey, wanting him to remain as FBI Director. Comey agreed, briefed the President on sensitive Steele reports, including unverified allegations about the President's 2013 Moscow visit. Comey documented these interactions, including calls and a White House visit, where the President reiterated his support. CHUNK 35 ======================================= Russia allegedly held compromising tapes of Trump linked to Crocus Group. Comey informed Trump-Elect about Steele's unverified allegations against Trump aides. Congressional committees launched probes into Russia's election interference and potential Trump campaign collusion. CHUNK 36 ======================================= Flynn lied about his communications with Kislyak regarding Russia sanctions, putting pressure on McFarland to deny the story. This led to false information in the Washington Post, which angered Trump and prompted Priebus to warn Flynn to suppress the story. CHUNK 37 ======================================= Allegations against Flynn and Kislyak involve discussions about sanctions with the US, raising Logan Act concerns. Spicer's public denial of these discussions alarmed DOJ, fearing Russian leverage. Despite Flynn's denials, he admitted to misleading colleagues and the public, complicating his situation. FBI investigations were ongoing, suspecting misconduct related to Russia. CHUNK 38 ======================================= On Jan. 26, 2017, Acting AG Sally Yates informed White House Counsel Donald McGahn and national security official Mary McCord that Vice President Mike Flynn's public denials about discussing sanctions with Russian officials were false. Yates discussed Flynn's FBI interview, indicating his statements were similar to those to Pence and Spicer. McGahn, who was informed by Yates and later by President Trump, understood Flynn hadn't clearly lied under 18 U.S.C. § 1001. Yates and McCord met with White House Counsel, discussing Flynn's potential legal issues. CHUNK 39 ======================================= Summary: McCord, Burnham, Yates, McGahn, and others discussed and reviewed documents related to potential legal issues involving Flynn and Comey. Priebus and Bannon were directed by McGahn to investigate further without consulting others. President Trump expressed discontent with Flynn, influenced by Yates's reports. On January 27, 2017, McGahn and Eisenberg reviewed Flynn's potential legal violations under various acts but noted defenses and lack of successful prosecutions for similar cases. Bannon noted Flynn's declining standing with Trump by December 2016. CHUNK 40 ======================================= President-Elect Trump disliked Flynn, upset by his behavior and tweets. McGahn doubted a Logan Act charge against Flynn, but sought information from the DOJ. Trump called Comey for a dinner, advised to avoid discussing Russia, but insisted on dining alone. CHUNK 41 ======================================= Yates mentioned a DOJ non-objection to White House actions against Flynn. DOJ info was made available for review by Eisenberg. Comey recalled a dinner where the President inquired about Comey's future, suggested an investigation on Steele's reporting, and expressed concerns about Flynn's judgment. The President emphasized loyalty, to which Comey replied, "You will always get honesty from me." CHUNK 42 ======================================= Interference: Comey's account and dispute over loyalty request. Comey claims the President asked for his loyalty after a dinner, evidence supports his account. CHUNK 43 ======================================= In a private dinner, Trump allegedly requested loyalty from Comey, which Comey denied. Trump claimed he never asked for loyalty. Witnesses, including Comey and others, corroborated Comey's account of the dinner invitation and the President's request. Comey reported the incident to McCabe, expressing shock, and discussed it with his team. CHUNK 44 ======================================= Comey's testimony under oath in congressional proceedings and interviews was protected. Flynn's resignation discussions were uncertain about prosecution, especially under the Logan Act. Flynn's discussions with the President about media coverage and potential sanctions occurred. Memo documentation supports Comey's statements that the President wasn't under FBI investigation. CHUNK 45 ======================================= Flynn discussed sanctions with Kislyak before Trump's inauguration, despite denials. DOJ accessed Flynn's communications, questioning if he violated the Logan Act. McGahn and Priebus concluded Flynn lied about his discussions, recommending his termination. Flynn claimed he didn't lie, but Trump said it was fine. CHUNK 46 ======================================= On February 13, 2017, Priebus asked Flynn to resign, citing trust issues. The President assured Flynn of a good recommendation. McGahn advised that Flynn wasn't likely to be prosecuted, and Spicer reported the resignation was due to trust erosion. On February 14, the President mistakenly believed the Russia investigation would end with Flynn's firing. Christie warned otherwise. CHUNK 47 ======================================= Christie investigated frustrations with Flynn and a lunch request from the President to contact Comey, which Christie declined. Later, the President met with Comey alone after a briefing, and sessions continued in the Oval Office. CHUNK 48 ======================================= President spoke with Comey alone, discussing Flynn's termination for misleading the VP. Flynn is seen as a "good guy." Comey interpreted this as a directive to drop Flynn's investigation. CHUNK 49 ======================================= Comey recorded a meeting with the President on 11/15/17, where the President implied an order to halt the Flynn investigation. Comey kept the President's request confidential from FBI officials. Post-Flynn's resignation, media questioned the delay and ties between Russia and the campaign. Comey and others expressed concerns about meetings with the President alone. CHUNK 50 ======================================= President Trump fired Flynn due to miscommunication and lack of compliance. He denied directing Flynn's discussions with Russian officials and claimed no ties to Russia or the WikiLeaks scandal. CHUNK 51 ======================================= President wanted McFarland to resign but offered her the Singapore ambassador position instead. He then asked Priebus to have McFarland draft a letter denying he directed Flynn to contact the Russian Ambassador about sanctions. Priebus advised McFarland to consult attorneys, and she later spoke with Eisenberg, who opposed the request, fearing it might be seen as a quid pro quo. CHUNK 52 ======================================= Priebus discouraged McFarland from writing an email about Flynn, while the President reassured Flynn by calling him a hero and expressing concern about negative remarks. When Flynn offered to testify with immunity, the President criticized the investigation publicly. McFarland was later instructed to reassure Flynn the President cared. During the Flynn probe, the President reportedly encouraged Comey to drop Flynn's case, although he later disputed these claims. The President's actions are analyzed for potential obstruction of justice, questioning whether his statements aimed to impede justice. CHUNK 53 ======================================= Comey's account: Trump asked Comey to end Flynn investigation; White House denies. Trump claimed he never asked Comey to drop the probe; White House statement contradicts Trump's version. Priebus and McGahn confirm Trump acknowledged Flynn was a good guy but denied hoping Comey would let him go. Comey documented the meeting and corroborated details with witnesses, supporting his account. CHUNK 54 ======================================= President discussed Flynn with Comey, excluding AG. Comey's reaction suggests a directive to drop Flynn. No evidence of foreseeing a grand jury. CHUNK 55 ======================================= Flynn's lies to the FBI violated federal law, leading to his prosecution. The President and White House officials knew of Flynn's false statements and his potential criminal exposure. There's evidence suggesting the President knew about Flynn's communications with Kislyak but lacks conclusive proof of his awareness. Flynn discussed his calls' impact on Russia's response, and while he wanted the President informed, there's no direct evidence Flynn informed him. The President did not publicly or privately accuse Flynn of lying. CHUNK 56 ======================================= Vice President suggested he didn't know the President was aware of Flynn's discussions with the DOJ before January 2017. The investigation found no evidence of the President knowing or having damaging information about Flynn. The President connected Flynn's firing to ending Russia inquiries amid election and campaign-Russia investigations. He wanted Comey to let Flynn go, expressing sympathy publicly but advisors noted ongoing discontent. Post-firing, the President's support for Flynn aimed to prevent negative publicity. CHUNK 57 ======================================= In early 2017, President Trump restricted discussions about Flynn's investigation, then met Comey privately against advice, disregarding counsel to avoid law enforcement interference. Trump also pressured McFarland to create an internal memo denying his involvement with Flynn, raising concerns of quid pro quo intentions. Trump attempted to prevent Attorney General Sessions' recusal from the Russia investigation and pressured officials to downplay his role in it. CHUNK 58 ======================================= Senator Sessions should recuse from the Russia investigation due to undisclosed meetings with Russian Ambassador Kislyak during his confirmation hearing. On March 1, 2017, President Trump called Comey, expressing concern about Comey's performance and indirectly involving Sessions. The President later urged McGahn to dissuade Sessions from recusing, fearing it would harm his image and policy objectives. Sessions decided to recuse himself, influenced by multiple White House advisors. CHUNK 59 ======================================= Attorney General Sessions recused himself from investigations related to the 2016 US presidential campaigns. This decision, influenced by perceptions of the President's displeasure, led to his being directed not to be contacted regarding campaign-related matters. After Sessions announced his recusal, White House Counsel instructed against further communication with him, citing concerns over obstruction. CHUNK 60 ======================================= McGahn interpreted Cohn's comment as directed at him, suggesting Cohn would defend him, despite recusal. DOJ ethics policy prohibits employees with relationships involved in investigations from participating. President wanted McGahn to contact Sessions about recusal. President questioned DOJ policy, referencing past exceptions, and criticized Sessions' recusal. CHUNK 61 ======================================= Sessions was initially recused from campaign investigations due to his ties with the Trump Campaign, but the President urged him to "unrecuse" from the Russia investigation, fearing control disruption. The FBI was investigating Flynn, and the President sought strategies like those of former AGs Holder and Kennedy. Sessions recalled being chastised by the President after recusing himself. Comey later briefed congressional leaders on the FBI's ongoing Russia investigation. CHUNK 62 ======================================= President Trump was aware of the Russia investigation chaos, prompting concerns for protective measures. The White House Counsel's Office coordinated with Senator Burr regarding the investigation's status. Comey's testimony focused on the FBI's inquiry, but declined personal allegations against Trump. The White House identified multiple targets for the investigation, including Flynn, Manafort, Stone, Page, and Papadopoulos, though these were FBI and DOJ responsibilities rather than Senate targets. CHUNK 63 ======================================= Comey confirmed FBI's investigation into Russian interference in the 2016 election and possible Trump campaign links. He declined to comment further, citing ongoing, classified investigation. The President criticized Comey for media exposure and suspected leaks, viewing him as a rival. CHUNK 64 ======================================= In March 2017, FBI Director Comey testified before Congress about Russian election interference, suggesting the FBI was investigating the President. This led to public speculation and the President's anger, prompting White House Counsel McGahn to seek DOJ intervention. McGahn contacted DOJ official Boente to address these perceptions, but Boente declined due to concerns about investigation integrity. McGahn wanted to expedite the probe, but Boente advised against it. CHUNK 65 ======================================= The text outlines communications and actions by U.S. officials concerning President Trump and FBI Director Comey after March 2017. The President pressured intelligence leaders to deny any link to Russia, despite Comey's testimony. White House Counsel's Office initiated research post-Comey's testimony but lacked a specific trigger. Multiple officials, including McGahn and Boente, recall discussions about Comey's potential resignation but lack a consistent account of directives from the President. ODNI Director Daniel Coats and CIA Director Michael Pompeo were involved, with differing recollections of direct requests from the President concerning the Russia investigation. CHUNK 66 ======================================= Coats was pressured by the President to intervene in the Russia investigation. Despite this, Coats asserted he would not get involved. The President complained about the investigation's impact on his foreign policy goals, expressing frustration over the news linking him with Russia. NSA Director Rogers and Deputy Director Richard Ledgett documented the call, but Rogers didn't see it as an unusual request. CHUNK 67 ======================================= President requested an order; did not ask Rogers to delay Russia probe. President urged intelligence officials to expedite investigation, but they advised letting it proceed naturally. President repeatedly expressed frustration about investigation affecting foreign relations. In March 2017, President contacted Comey, citing the Russia investigation as a hindrance to governance. CHUNK 68 ======================================= Admiral Rogers testified about a call between President Trump and FBI Director Comey. Trump wanted Comey to stop investigating him, fearing negative media impact. Comey explained ongoing investigations weren't targeting Trump personally. After the call, Comey sought guidance on handling the situation and felt uncomfortable with direct presidential intervention. Trump later called again, seeking confirmation Comey had conveyed Trump wasn't under investigation. CHUNK 69 ======================================= James B. Comey testified before Congress about a call from the President on April 11, 2017. The President mentioned loyalty and made comments about Comey's potential resignation. Despite White House Counsel's suggestion to remove this comment from a televised interview, the President retained it. Later, the President discussed reaching out to Comey, acknowledging concerns about appearing to interfere in investigations. CHUNK 70 ======================================= FBI could announce if DOJ clears. Comey's calls uncomfortable. Boente avoids statement on President not under investigation due to political risks. Boente recalls issue with President's outreach to Comey. McGahn agrees to address issue. Analysis focuses on President's actions post-Comey's testimony, involving outreach to intelligence leaders. CHUNK 71 ======================================= President urged officials to deny any wrongdoing regarding Russia, asked Rogers to refute linking him to Russia, and asked Comey to publicly declare he wasn't under investigation. These actions, while notable, were seen as efforts to protect his presidency, not to interfere with the FBI's investigation into Russian election interference, which wasn't yet part of grand jury proceedings at the time. CHUNK 72 ======================================= The President raised Sessions's recusal, sought a protective Attorney General, and pressured Comey to refute false perceptions of being under investigation during the Russia probe. He feared the investigation would harm his governance and foreign relations, particularly with Russia. Despite advisors' warnings, he personally intervened with Comey and others, seeking to dispel the perception he was involved with Russia. CHUNK 73 ======================================= President pressured Comey to publicly claim no investigation on him. Comey refused, and on May 9, 2017, President fired Comey, citing DOJ recommendation for previous handling of Clinton email probe, though personally influenced by Russia investigation. President later told Russian Minister he was no longer under investigation pressure. Comey testified he wasn't under investigation, refusing further comments. CHUNK 74 ======================================= FBI Director Comey stated the Trump campaign was investigated, mentioned reopening the Clinton email probe before the election, and claimed no regrets about handling it. Post-testimony, Trump was upset with Sessions over recusal, feeling it hindered his authority and governance. Sessions justified the recusal as mandatory. CHUNK 75 ======================================= Sessions and Hunt documented meetings, including the President's dissatisfaction with Comey, and foreign leaders expressing regret over investigations. Sessions mentioned a suggested FBI leadership change. Bannon noted the President frequently criticized Comey, though advised against firing him due to FBI's independence. After Comey's testimony, the President decided to remove him, drafting a termination letter expressing loss of faith, with Miller preparing it. CHUNK 76 ======================================= President Bannon, Miller, and Priebus discussed Comey's termination due to lack of trust, political motives, and poor judgment. The President dictated the letter, emphasizing he wasn't under investigation and criticized Comey's conduct and decisions. He terminated Comey on May 8, 2017, after consulting with advisors. CHUNK 77 ======================================= President decided to fire Comey without cause after DOJ counsel McGahn and Miller informed him of their authority to do so. Sessions, Rosenstein, and others confirmed they supported replacing Comey, ensuring no obstruction concerns. An Oval Office meeting was held later to discuss further. CHUNK 78 ======================================= Rosenstein became Acting AG after AG recusal. President wanted Comey removed. Sessions and Rosenstein discussed Comey's handling and termination letter drafts. Rosenstein drafted a memo for the President's approval, emphasizing Comey's refusal to confirm non-investigation status, despite President's initial request not to mention Russia in the memo. CHUNK 79 ======================================= The DOJ faced challenges in terminating Comey due to differing motivations between the President and the Attorney General. Rosenstein's memo proposed a cover letter accepting Sessions' recommendation to remove Comey, but the President insisted on emphasizing Comey's denial of being under investigation, despite objections. McGahn, Priebus, and Dhillon opposed this inclusion, but the President insisted on it, perceiving it as crucial. CHUNK 80 ======================================= FBI investigation mishandled, risking trust loss. Director refuses to admit mistakes, hindering corrective actions. Termination of Comey caused unrest, questioning presidency's future. White House announced Comey's removal based on Rosenstein and Sessions' recommendations. President questioned FBI resistance and Comey's assurances. McCabe confirmed positive FBI sentiment toward Comey. CHUNK 81 ======================================= termination, the President was unhappy with press coverage of Comey's firing, urging his team to defend Comey. He called Chris Christie and agreed to have Comey publicly defend his decision. The White House Press Office planned to blame Rosenstein for Comey's firing, but Rosenstein refused, citing it was not his idea, and Sessions voiced similar concerns. CHUNK 82 ======================================= Spicer claimed Rosenstein, not White House, initiated a DOJ press conference on Comey's firing. White House officials later confirmed Rosenstein's involvement. On May 10, Trump discussed Comey's termination with Russian officials, claiming it relieved pressure from Russia. The White House denied politicizing the Russia investigation, stating it would have continued regardless of Comey's dismissal. CHUNK 83 ======================================= President Trump discussed with McCabe plans to visit FBI headquarters for a speech. He encouraged Comey's termination, received support from FBI employees, and told McCabe the FBI largely supported him. Sarah Sanders later confirmed the decision to reporters. CHUNK 84 ======================================= President accepted Deputy AG's recommendation to fire Comey due to FBI rank-and-file losing confidence. Rosenstein independently reviewed Comey's performance and reported concerns. Sanders acknowledged mix-up in saying FBI agents supported Comey. Sessions and Rosenstein voiced concerns about miscommunication. White House Counsel's Office clarified that DOJ didn't initiate Comey's firing. President later clarified in an interview that he made the decision before meeting Rosenstein. CHUNK 85 ======================================= President Trump was set to fire Comey regardless of recommendation, viewing the Russia investigation as a Democratic election loss excuse. He justified firing Comey for incompetence and to ensure proper investigation continuation, despite potential investigation delays. Trump publicly dismissed the Russia collusion narrative, demanded loyalty from Comey, and threatened leaks. CHUNK 86 ======================================= The President's decision to fire Comey is relevant to obstruction of justice due to: - **Obstructive act**: Firing Comey removed the FBI director overseeing the Russia investigation. - **Effect**: The termination potentially disrupted or delayed the investigation, allowing the President to appoint a more favorable director. - **Action**: The President fired Comey abruptly, banned him from the FBI, publicly criticized him, and labeled the investigation a "witch hunt." - **Impact**: Actions could influence successor directors' conduct, though FBI investigations typically proceed independently of the director. - **Clarification**: The White House stated Comey's termination wouldn't end the investigation, and the President acknowledged it might prolong it. CHUNK 87 ======================================= President fired Comey due to his refusal to confirm the President wasn't under investigation. Comey's non-disclosure before Senate testimony led to the firing, which was foreseeable and implied intent to avoid media scrutiny. CHUNK 88 ======================================= President Trump fired Comey, citing false claims he was under investigation. His reasons lacked evidence. Comey's handling of the Clinton email investigation wasn't a reason for his dismissal, despite initial claims. Trump insisted Comey announce he wasn't under investigation, fearing it hindered his foreign policy. CHUNK 89 ======================================= The President's failure to clarify he was not under investigation led to accusations of insubordination. Evidence suggests he sought protection from an FBI investigation into his campaign, relying on Comey's loyalty to maintain this cover. After Sessions's recusal, he desired an Attorney General who would shield him similarly to past figures. The President aimed to distance himself from the Russia investigation. While evidence doesn't confirm a conspiracy with Russia, it suggests an FBI probe could reveal campaign and personal concerns. Despite public denials, the Trump Organization pursued a Moscow project, and the President was aware of WikiLeaks's hacking activities. His preoccupation with the investigation's legitimacy was noted. Initially, his termination of Comey was covered as DOJ-recommended, though his motives went beyond official guidance. CHUNK 90 ======================================= The President fired Comey despite DOJ warnings against it, possibly to hide real reasons. The President opposed the Special Counsel, claiming conflicts of interest, but ethics cleared it. The Russia investigation later linked to Michael Cohen's convictions, but not the President's motives for firing Comey. CHUNK 91 ======================================= President Trump was upset by Attorney General Jeff Sessions' recusal in the Russia investigation, which led him to threaten Sessions with resignation. Despite this, Sessions did not quit. CHUNK 92 ======================================= President upset by Special Counsel's appointment. FBI instructed White House to preserve documents after Comey's termination. Sessions resigned but stayed as AG after President's insistence. Priebus and Bannon worried about letter's potential influence on DOJ. CHUNK 93 ======================================= The President delayed returning Sessions' resignation letter, initially hiding it and only notifying Sessions three days later with "Not accepted." The President claimed Special Counsel Mueller had conflicts of interest due to past employment, interviews, and fees at a golf course. CHUNK 94 ======================================= Mueller resigned from Trump National Golf Club by October 31, 2011, placed on a refund waitlist. Attorney Bannon dismissed Mueller's alleged conflicts with the President, who thought about offering Mueller another FBI Director role. On May 23, 2017, DOJ cleared Mueller's past law firm role as a conflict. McGahn advised the President against meddling in Mueller's appointment, suggesting the President consult his personal lawyer. The Muellers ceased contact with the golf club on October 27, 2011. CHUNK 95 ======================================= In early 2017, as the Russia probe intensified, McGahn and Donaldson advised Trump to direct inquiries about the investigation to his personal counsel. McGahn highlighted risks from his contacts and Flynn as key concerns. By June 2017, Comey testified about Trump's requests involving loyalty, Flynn, and easing pressure from the investigation, fueling suspicions of obstruction. On June 12, 2017, Trump associates discussed firing the Special Counsel. CHUNK 96 ======================================= James Comey warned against leaks threatening potential 'tapes' of conversations. Trump considered firing the Special Counsel, but did not, despite media coverage and internal concerns. The President's counsel raised conflicts of interest issues, but Rosenstein found no evidence of wrongdoing. CHUNK 97 ======================================= Trump considered firing Special Counsel Mueller due to alleged conflicts of interest. On June 14, 2017, reports surfaced of Mueller investigating Trump for obstruction of justice. The White House Counsel was instructed to remove Mueller following these developments. CHUNK 98 ======================================= President called McGahn on June 14, 2017, discussing potential investigations. On June 15, 2017, Trump criticized the investigation, calling it a "witch hunt." On June 16, Trump continued criticizing the investigation. On June 17, Trump called McGahn to remove Special Counsel Mueller, directing him to inform Rosenstein of conflicts. CHUNK 99 ======================================= McGahn declined to press the President's request regarding conflicts with the Special Counsel, citing it as trivial. He was concerned about involving White House Counsel and feared personal conflict with the Acting Attorney General. Despite unclear records on the timing of calls, McGahn acknowledged receiving multiple calls from the President directing him to remove the Special Counsel, though he didn't follow through. CHUNK 100 ======================================= McGahn resigned after feeling trapped by the President's directive, refusing to involve others in his decision. Despite calls to Rosenstein, he chose not to disclose details of the request. He informed Priebus and Bannon but later reconsidered, returning to work. The President was unaware of his resignation plans. CHUNK 101 ======================================= The President considered firing the Special Counsel but decided against it due to lack of substantive grounds and potential Republican congressional backlash. Evidence suggests the President intended to obstruct justice by having McGahn remove the Special Counsel, although there's debate over whether this was indeed directed. CHUNK 102 ======================================= McGahn was directed by the President to inform Rosenstein of conflicts and instruct Mueller to resign. Despite McGahn's credible position and lack of motive to lie, his response-quitting over perceived unethical actions-suggested an unusual reaction. The President already informed the DOJ of these conflicts beforehand, so McGahn's weekend calls seemed unnecessary. The urgency of these calls and prior discussions indicate an intent to remove Mueller, not just evaluate conflicts. CHUNK 103 ======================================= The President knew his actions, including firing Comey, were under investigation by June 2017. Warnings and media reports highlighted his exposure, including contacts with Flynn and requests to obstruct justice. His attempts to remove the Special Counsel linked to investigations into his conduct. The President feared appearing under investigation and wanted to avoid scrutiny. CHUNK 104 ======================================= Mueller takes over Flynn's Grand Jury amid obstruction probe. President pressured removal of Special Counsel McGahn, despite clearances and lack of conflicts. Calls to McGahn improper, yet President denied orders. On June 19, 2017, President attempted further obstruction by dictating a message to Attorney General Sessions to limit Russia probe to election interference. CHUNK 105 ======================================= President asked Lewandowski to deliver a message to Sessions to limit the Russia investigation. Sessions was criticized for recusal. Message included Sessions's supposed unfair treatment and suggested limiting investigation scope. CHUNK 106 ======================================= Lewandowski conveyed the President's message to Sessions multiple times, avoiding public meetings and relying on intermediaries. CHUNK 107 ======================================= President requested Lewandowski to deliver a message to Sessions. Lewandowski recalled the President's directive to inform Sessions of his firing if unmet. After delivering the message, Dearborn, who acted as a messenger, felt uncomfortable but decided not to act on it. Later, in a New York Times interview, the President publicly criticized Sessions for recusing from the Russia investigation, stating it was unfair and suggesting he should have informed the President before. CHUNK 108 ======================================= On July 19, 2017, Trump's interview with The Times was heavily criticized by his team, including Hicks and Lewandowski. The President wanted Sessions to resign, but he refused. On July 21, intelligence revealed Sessions discussed campaign matters with the Russian ambassador, worsening tensions. Priebus and Hunt considered Sessions's possible resignation or firing, but it seemed unlikely he would quit voluntarily. Lewandowski researched recess appointments but didn't share this with Trump. CHUNK 109 ======================================= On July 22, 2017, Trump pressured Sessions to resign due to negative media coverage and personal grievances. Priebus opposed this, advising against following Trump's orders. McGahn supported Priebus, suggesting they consult legal counsel. Priebus complied, preventing Trump from making an illegal recess appointment. CHUNK 110 ======================================= Priebus consulted an attorney about a potential resignation due to the President's request to fire Sessions. The President then delayed the demand for resignation. Despite this, Sessions prepared another resignation letter amid frequent public criticism from the President. CHUNK 111 ======================================= The U.S. DOJ analyzed President Trump's efforts to influence Attorney General Sessions to publicly limit the Special Counsel investigation to future election interference, identifying potential obstruction of justice. The President's directives aimed to mislead Sessions about the investigation's scope and impact, aligning with an intent to evade scrutiny and obstruct justice, especially regarding the Russia investigation's implications on his election legitimacy. CHUNK 112 ======================================= Investigations halted if jurisdiction limited to future election interference. President's actions suggest intent to exclude his conduct from investigation. Directed Sessions to limit probe and sought removal of Special Counsel after obstruction investigation allegations. Acted independently, bypassing official channels, meeting with Lewandowski alone. Continued pressure on Sessions post-meeting. Public statements and actions indicate intent to control investigation scope. CHUNK 113 ======================================= By June 2017, President Trump learned of emails arranging a June 9, 2016 Trump Tower meeting with Russians to provide negative info on Hillary Clinton for Trump's support. Trump directed aides to withhold public disclosure, issuing a statement about the meeting as adoption-related. The emails revealed Russia's intent to offer damaging info on Clinton. Trump's team learned of the meeting and emails by mid-June 2017, but Trump claimed no prior knowledge. CHUNK 114 ======================================= Priebus learned about the June 9 meeting from Fox News' Sean Hannity in late 2017. Hicks advised against publicizing damaging emails, suggesting they be leaked instead. On June 22, Kushner attempted to inform the President about documents related to the meeting. The President shut down this discussion. Hicks viewed the emails, found them damaging, and alerted the President, who doubted leaks would occur unless everyone had access. CHUNK 115 ======================================= Summary: Hicks and others discussed the June 9 meeting with the President, who downplayed its significance and suggested not to disclose related emails. Despite concerns about potential media coverage, the President instructed caution and secrecy. Hicks later relayed that the President preferred silence on the matter. CHUNK 116 ======================================= Summary: President directed Hicks to omit details about Russian adoption meeting, prompting revisions. Hicks communicated draft statements, with Trump Jr. requesting modifications to avoid campaign associations. CHUNK 117 ======================================= The text discusses communications and meetings involving Jared and Paul Hicks related to a program on Russian child adoption, and mentions a potential leak of information about a June 9 meeting. Despite urging for transparency, Hicks's requests to the President were denied. The New York Times later published a story on this meeting, citing statements from Hicks and legal team members, while hinting at possible involvement with a Kremlin-linked firm. CHUNK 118 ======================================= The New York Times reported on July 8, 2017, that the Trump campaign met with a lawyer linked to the Kremlin. Hicks and Corallo discussed this meeting, with Hicks criticizing Corallo's public statement about the emails set up for the meeting. Hicks said only a few people had access to these emails, which Corallo believed would leak. Trump Jr. later posted redacted emails related to the meeting on Twitter after the Times threatened to publish them. The President reportedly played a role in preparing Trump Jr.'s statements about the meeting. CHUNK 119 ======================================= Hope calls POTUS online. Hicks says, "It will never get out." Trump Jr. says "I Love It." NYT reports Trump Jr.'s statement. DOJ denied President's role in drafting Trump Jr.'s statement. White House claims President only offered suggestions. Legal counsel later claimed President dictated the statement. President met with Lewandowski and criticized Sessions. Claims ignorance about June 9 meeting. Evidence suggests President obstructed justice by preventing disclosure. CHUNK 120 ======================================= The President misled the press about a Russian meeting, directing statements to obscure details and rejecting disclosure to Congress. However, no evidence shows he actively blocked information access, merely shaping press narratives. CHUNK 121 ======================================= Summary: - Nexus: President's attempts to block email release didn't hinder grand jury or congressional inquiries. - Intent: President involved in strategy to limit disclosures about Russia connections; advised against public release. - Emails didn't indicate intent to obstruct Special Counsel or Congress. - Attorney General Control: President sought AG Sessions to reverse recusal and control investigation. CHUNK 122 ======================================= President asked Sessions to reverse recusal but he refused. President also considered appointing another AG for Russia probe. Porter was asked about AG Rachel Brand but declined. McGahn noted potential issues if Sessions was removed. CHUNK 123 ======================================= The President viewed Sessions's recusal from the Russia investigation as disloyal and criticized Sessions's performance with McGahn and Hicks. If Sessions were removed, Brand would oversee the investigation or become Acting Attorney General. Despite urging Sessions to recuse, President did not receive promises to investigate Clinton's emails and expressed frustration over the lack of investigation. Sessions did not offer assurances to reverse his recusal. CHUNK 124 ======================================= President took back Russia investigation, directed Hillary Clinton probe. President claims he won't get involved but wants fair treatment. Sessions reassures President he's on his team. Sessions says no improper actions were seen. President criticized Sessions' recusal, praised Holder for protecting Obama. January, President expressed desire to "clean house" DOJ, referencing past attorneys with successful records. CHUNK 125 ======================================= The President criticized and pressured Attorney General Jeff Sessions, despite his recusal from the Russia investigation, over several months, urging action and publicly questioning the DOJ's decisions. CHUNK 126 ======================================= The President pressured Attorney General Sessions to recuse himself from the Russia investigation, fearing political bias. The President tweeted about investigating Democrats' alleged corruption. After midterm elections, he replaced Sessions with his chief of staff. Analyzing obstruction of justice, efforts to unrecuse Sessions could impede the Russia probe. The President repeatedly asked Sessions to reverse his recusal but did not insist on it. CHUNK 127 ======================================= The President's actions from March 2017 to August 2018, criticizing Attorney General Sessions for not recusing himself, and his efforts to unrecuse him, may constitute obstructive acts toward an ongoing investigation. By mid-June 2017, a grand jury investigation was public, and by August 2017, another was established. Evidence shows the President aimed to have Sessions control the Russia investigation, restrict its scope, and possibly investigate Hillary Clinton. Discussions with Sessions indicated the President sought fairness in the investigation, influencing Sessions' role in supervising the Russia probe, despite his own obstruction of justice investigation. CHUNK 128 ======================================= President Trump allegedly tried to fire Special Counsel Robert Mueller, prompting Attorney General Jeff Sessions to refuse and threaten resignation. Trump pressured White House counsel Michael McGahn to deny this, but McGahn maintained his testimony. Media reports confirmed Trump's directive, leading to Trump's retreat after White House counsel's threat. CHUNK 129 ======================================= In January 2018, The New York Times reported that Trump wanted to fire Special Counsel Mueller but backed off after White House Counsel Steve Bannon threatened resignation. The DOJ dismissed the Times' story as "fake news." The Washington Post later clarified that McGahn hadn't directly told Trump he'd quit over the firing. On January 26, Trump asked McGahn's attorney to deny the Times' claims. McGahn's lawyer informed Trump that McGahn wouldn't comply, affirming the Times' account. CHUNK 130 ======================================= In early 2018, the President spoke with John Kelly and claimed McGahn refuted a story. Kelly later denied speaking to McGahn about it. The President asked Sanders to contact McGahn about a story, but McGahn said no action was needed. Priebus denied hearing the President demand firing the Special Counsel, but after a TV appearance, the President called him praising Priebus and denying such comments. On February 5, the President complained about a Times article, claimed McGahn leaked, and demanded a record from McGahn refuting those claims. Porter, tasked with handling the matter, recalled the President wanting a letter clarifying inaccuracies. CHUNK 131 ======================================= On February 5, 2018, Don McGahn received a request from the President for a letter disputing a NYT story regarding the Special Counsel. McGahn resisted, citing media reports. Porter relayed this to McGahn, who planned to resign if forced. The President pressured McGahn, threatening his job if he didn't comply, though McGahn dismissed this. On February 6, McGahn met with the President and Kelly to address the NYT story, with the President emphasizing correcting its negative portrayal. CHUNK 132 ======================================= McGahn met with the President, discussing potential removals of Special Counsel Mueller. The President suggested handling conflicts with Rosenstein but McGahn believed Mueller must leave. McGahn took notes as a record-keeping practice. The President questioned their conversations' protection by attorney-client privilege, with McGahn clarifying he wasn't privileged. They discussed if notes are necessary, contrasting McGahn's practice with Roy Cohn's. Post-meeting, McGahn noted the conversation with the President regarding removing Mueller. CHUNK 133 ======================================= Summary: - McGahn and President discussed notes; President mistakenly believed notes were his. - President pressured McGahn to deny orders to remove Special Counsel, potentially obstructing justice. - President claimed he never instructed removal, contradicting McGahn's account. - Evidence supports McGahn's account of directive; President's denials were crafted. CHUNK 134 ======================================= The President claimed never to have ordered to fire Mueller, contradicting evidence suggesting otherwise. Despite differing memories, it was clear he was aware of McGahn's account. He pressured McGahn to deny incorrect claims, but McGahn refused, asserting the President's actual order. By January 2018, evidence of obstruction investigations was confirmed, involving McGahn's knowledge. CHUNK 135 ======================================= The President knew McGahn disclosed efforts to remove the Special Counsel, affecting the investigation. To prove a nexus, actions should hinder investigation communication. McGahn's previous interviews ruled out direct influence on them, but future obstruction discussions were foreseeable. Press strategy alone wouldn't establish nexus. The President's efforts to prompt McGahn's letter post-article show intent to influence McGahn's account to deflect scrutiny. CHUNK 136 ======================================= The President pressured McGahn to alter his account, showed intent to fire him if necessary, and warned McGahn's counsel he couldn't resign despite Oval Office meetings. He criticized McGahn for discussing events with the Special Counsel, indicating obstruction concerns. Additionally, the President acted against Flynn, Manafort, and Stone. After Flynn's resignation, the President praised him publicly and privately encouraged him to stay. Flynn later withdrew from a defense agreement, leading to restrictions on confidential communications with the White House. CHUNK 137 ======================================= Flynn's attorneys received a call from the President's counsel, who was upset over Flynn's voicemail to the President, suggesting the President's feelings toward Flynn were hostile. This created a conflict as Flynn's lawyers felt compelled to avoid any privilege issues with the President. The President had shown previous support for Flynn, indicating potential national security concerns if implicating the President were revealed. CHUNK 138 ======================================= Flynn pleaded guilty in December 2017 to false statements. The President downplayed Flynn's potential testimony to the Special Counsel, expressed sympathy, and did not immediately consider a pardon. Manafort was indicted in October 2017 on multiple felony counts, with charges dating back to 2005. He confided in Gates about discussions with the President's counsel regarding possible legal actions. CHUNK 139 ======================================= The President's counsel advised patience, mentioning pardons without mentioning them explicitly. Despite Manafort's untruthfulness, Gates pleaded guilty to offenses, cooperating with authorities. The President criticized the prosecution publicly while discussing Manafort's potential cooperation with the investigation. CHUNK 140 ======================================= Trump trusted Manafort but cautioned Gates to monitor him. DOJ searched Manafort's past 12 years, Trump criticized it as unfair. Asked about pardons, Trump declined to comment. Manafort's bail revoked; Trump tweeted about unfairness. Giuliani suggested pardons post-investigation, clarified no pardons during; pardons possible if treated unfairly, but unlikely. CHUNK 141 ======================================= President Trump engaged in a series of tweets criticizing Paul Manafort's legal situation and questioning the Mueller investigation's fairness. Giuliani suggested possible pardons, and Trump attacked Mueller's team as biased. Media covered these tweets, while the jury deliberated on the Manafort case. CHUNK 142 ======================================= Paul Manafort trial impacts Trump: trial showcases lavish spending, Trump dismisses Manafort case as "hoax." Trump's tweets and reactions highlight his stance; jury finds Manafort guilty, Cohen pleads guilty. Trump's defense of Manafort. CHUNK 143 ======================================= President Trump dismissed the investigation into Paul Manafort as a "witch hunt" and showed partiality, tweeting sympathy for Manafort despite his legal issues. He praised Manafort's integrity, claiming he refused to fabricate stories, unlike Michael Cohen. Trump questioned the fairness of "flipping," citing his respect for Manafort's resilience. Although he showed partiality, he avoided discussing a potential pardon for Manafort, advised against it until the investigation ended. Manafort later pleaded guilty on September 14, 2018. CHUNK 144 ======================================= Manafort breached his plea agreement by lying, prompting Giuliani to claim the President was upset about Manafort's uncooperative behavior. Trump later praised Manafort for not "flipping," despite the risks. CHUNK 145 ======================================= President Trump mentioned no discussion about pardoning Paul Manafort but left the possibility open. Roger Stone expected charges from Special Counsel but refused to testify against Trump. In November 2018, Trump's legal team submitted answers to questions about communications with Stone, and Trump publicly criticized the investigation. CHUNK 146 ======================================= Trump doesn't recall discussing WikiLeaks with Roger Stone during the campaign. Witnesses claim Trump was informed that Stone had access to WikiLeaks and could reveal info about Hillary Clinton's releases. Stone stated he wouldn't testify against Trump, and Trump tweeted he'd never testify against him. CHUNK 147 ======================================= Roger Stone was indicted on January 24, 2019, for obstruction, witness tampering, and making false statements during Congress. He denied lying to Congress, claiming he never discussed his communications with Assange. Trump criticized the indictment and expressed support for Stone, questioning broader corruption allegations. CHUNK 148 ======================================= The U.S. DOJ analyzed the President's conduct towards Flynn, Manafort, and Stone in relation to obstruction of justice. The President's actions potentially influenced their decisions to cooperate with law enforcement. For Flynn, messages encouraged cooperation, while Manafort's actions suggested a pardon was possible, though not guaranteed. CHUNK 149 ======================================= President's actions potentially influenced Manafort's trial by statements during jury deliberations and public remarks. These included calling Manafort a "terrible situation" and suggesting a pardon if Manafort didn't cooperate, which may have affected jurors. The President's comments about Manafort were widely publicized, potentially violating jury instructions. He also praised Stone for not cooperating, which might have affected decisions on cooperation. President's behavior toward Flynn, Manafort, and Stone appeared linked to pending investigations. Intent toward Flynn remains unclear due to privilege issues. CHUNK 150 ======================================= The President expressed sympathy for Flynn and Manafort, suggesting potential pardons. His public statements during Manafort's trial may have influenced jurors' sympathy for him. Regarding Stone, similar intentions may be inferred. CHUNK 151 ======================================= The President encouraged witnesses like Stone to resist cooperation with prosecutors, potentially linking them to damaging evidence against him. He praised Stone for not testifying and criticized Michael Cohen for cooperating, suggesting a reward for withholding evidence adverse to the President. CHUNK 152 ======================================= Cohen did not ask Trump to travel to Russia regarding the Trump Tower Moscow project, which ended in January 2016. Cohen worked closely with Trump's counsel, advised to keep statements tight. After FBI searches in 2018, Cohen remained aligned, expecting a pardon or other resolution. Criticism followed when Cohen cooperated with the government. Cohen initially misled Congress about the Moscow project but later corrected his statements, consistent with investigation findings. CHUNK 153 ======================================= Michael Cohen discussed Trump Tower Moscow with Trump and others. In 2015, Trump signed a Letter of Intent with lucrative terms. Cohen sought passports for travel. By January 2016, Cohen was frustrated as meetings with Russian officials were delayed. Cohen later admitted making false statements about his role in Russian contacts, corrections made without prompting. Cohen provided valuable information during his sentencing. CHUNK 154 ======================================= Cohen met with Peskov, a Kremlin official, in 2016 about the Trump Tower Moscow project. After speaking, there was renewed interest, leading to further discussions with Cohen, who kept Trump updated on progress. Trump remained supportive of the project throughout the campaign. CHUNK 155 ======================================= Michael Cohen testified about discussions with Donald Trump Jr. regarding a $1 billion Trump Tower Moscow deal. Cohen communicated with Sater about a potential trip to Russia for the project. An invitation to the St. Petersburg Forum was discussed, but Cohen declined without a formal invite. Trump claimed no ties to Russia publicly, yet privately checked on the project's status. CHUNK 156 ======================================= Cohen noted Trump's project stalled due to lack of property and Trump was indifferent. No campaign directives abandoned the project. Cohen adhered to Trump's "party line" denying ties with Russia, despite media interest in Trump Tower Moscow. Cohen reportedly misled media about project feasibility to maintain message, influenced by Trump's public stance against Russia ties. CHUNK 157 ======================================= The U.S. Department of Justice dismissed Trump's alleged substantial connection with Russia, noting Cohen's misleading statements to Congress about the Trump Tower Moscow project. Cohen met with Congress, believed Steele's Prague allegations false, and cooperated with the President. Despite waiving privilege, Cohen disclosed his interactions with the President's counsel, not vice versa. CHUNK 158 ======================================= Cohen had privileged info from joint defense agreement talks with Trump's counsel, who assured him investigations would end soon. Despite paying Cohen's legal bills, Trump's counsel also claimed Cohen was protected under joint defense. In August 2017, Cohen drafted a Congress statement with false claims about Trump Tower Moscow, ignoring business reasons and Trump's travel intentions. Counsel couldn't separate his info from other sources, complicating privilege issues. CHUNK 159 ======================================= Cohen's statements support a privilege claim. Relevant records include statements and communications, notably about Trump Tower Moscow, non-contact with Trump, and outreach to Russian officials. Draft revisions included removing claims of limited contacts with Russian officials. Cohen also discussed arranging a Trump-Putin meeting in 2015. CHUNK 160 ======================================= Michael Cohen testified that Trump's counsel reviewed his statement, potentially editing it. Concerns about privilege meant not all drafts were reviewed, but key false statements appeared in early drafts. Cohen aimed to downplay Trump's role in the Trump Tower Moscow project to protect him and avoid contradicting any statements by the President. CHUNK 161 ======================================= Trump rationalized false testimony as the deal never happened. He prioritized party line support to end investigations. Between August 2017, Cohen frequently communicated with the President's counsel, receiving guidance to keep details short, avoiding contradictions. CHUNK 162 ======================================= Cohen pleaded guilty to lying about Trump Tower Moscow. Despite attempts to discuss these conversations with Trump's counsel, they declined. Cohen reported false statements to Congress and a Washington Post article, claiming Trump's project was abandoned in January 2016. He vaguely mentioned speaking to a Kremlin source, with counsel's dismissive response. Cohen's congressional statement on August 28, 2017, lacked details about Trump Tower Moscow. In September 2017, he released opening remarks criticizing Trump Tower Moscow, without specifics on Trump's involvement. CHUNK 163 ======================================= Michael Cohen's remarks about the Trump Tower Moscow project were released to shape narratives and align with President Trump's wishes. Cohen testified about these false statements in Congress, with the President's counsel showing support. Cohen arranged a campaign payment to silence a woman, with the President's counsel involved. These actions relate to interactions between the President and his counsel regarding Cohen as a witness. CHUNK 164 ======================================= Cohen facilitated a $130,000 payment to Stormy Daniels, not reimbursed by Trump or the Trump Organization. Cohen's 2018 testimony revealed Trump directed Daniels to deny knowledge of the payment. FBI raids followed, with Trump condemning them. CHUNK 165 ======================================= FBI executed search warrants on April 9, 2018, targeting Michael Cohen. Post-searches, President Trump contacted Cohen, showing support and urging him to stay strong. Cohen received messages from Trump associates expressing support. By April 20, 2018, the NY Times reported on Trump's relationship with Cohen, prompting Trump to tweet claims Cohen wouldn't "flip." CHUNK 166 ======================================= Michael Cohen received communications and instructions from Costello and Giuliani, indicating perceived support from high-level contacts. Despite legal fees being covered by the Trump Organization, Cohen felt compelled to align with Trump's stance. Discussions about potential pardons and investigations were mentioned, with assurances of protection from the President if he remained supportive. On April 21, 2018, Trump's tweet and subsequent emails reinforced his commitment to Cohen's defense, though no definitive actions were confirmed. CHUNK 167 ======================================= President Trump initially dismissed the idea of pardoning Cohen, Manafort, or Flynn, despite expressing sympathy for them later. After Cohen began cooperating with federal prosecutors, Trump responded defensively to media reports about Cohen's cooperation and alleged conversations. Trump also dismissed claims about meetings involving his family and suggested the media was spreading misinformation. CHUNK 168 ======================================= Lanny Davis, a veteran Clinton scandal figure, allegedly used legal strategies for personal gain. Michael Cohen, Trump's former lawyer, pleaded guilty to campaign finance violations linked to Trump's alleged affairs. Trump publicly praised Cohen's cooperation, contrasting it with Paul Manafort's lack of cooperation. The White House requested Trump's answers regarding his discussions with Cohen about the Trump Tower Moscow project, but he provided vague responses without addressing key questions. CHUNK 169 ======================================= Investigators scrutinized taxi medallion interests linked to Trump, including Cohen's secret recordings and Trump's tweets. The DOJ probed Cohen's false statements about the Trump Tower Moscow project. Cohen later pleaded guilty, promising truthful information. Trump claimed he avoided the project due to presidential ambitions and criticized Cohen as a "weak person." CHUNK 170 ======================================= President Trump's remarks and Cohen's statements contrast regarding decisions on Trump Tower Moscow. Trump denied directing Cohen to break laws, claiming Cohen's plea was to avoid a harsh sentence and protect family. Despite Cohen's sentencing, Trump criticized Cohen's actions and compared them to Roger Stone's silence. CHUNK 171 ======================================= Michael Cohen was temporarily let off the hook by the President, who criticized the FBI for targeting him after Trump's alleged illegal actions. The President repeatedly tweeted about Cohen's testimony and potential threats against his family. Cohen postponed his congressional testimony citing family threats. The President noted Cohen's legal representation by Hillary Clinton's lawyer, Giuliani, confirmed Trump's discussions about the Moscow project into 2016. CHUNK 172 ======================================= President Trump discussed a potential Moscow project with Michael Cohen during his 2016 campaign, but exact timeline debates exist. Giuliani claimed these talks were hypothetical, not based on conversations with Trump. Legal analysis questions if Trump obstructed justice by aiding Cohen's false statements to Congress, but evidence doesn't prove direct involvement or intent. CHUNK 173 ======================================= Cohen did not mislead or inform Trump about his planned testimony. He communicated with Trump's counsel, who advised omitting Russia-related details since they were unnecessary. Cohen omitted mentions of Russian contacts, likely based on counsel's direction. No evidence shows Trump was aware of Cohen's communications, and his counsel's interactions are protected by privilege. We lack proof of Trump's involvement in Cohen's statement. CHUNK 174 ======================================= The President urged Cohen not to "flip" and reassured him privately of protection. Despite Cohen cooperating with the government, the President publicly attacked him, suggesting his family committed crimes. This behavior could indicate the President sought to deter Cohen from cooperating by offering positive words before turning to intimidation. The actions occurred while investigations into Cohen were ongoing. CHUNK 175 ======================================= Trump's relationship with Russia and his administration's stance on the Trump Tower Moscow project have been scrutinized. The project, designed to minimize ties with Russia and counter congressional and DOJ investigations, raised doubts about Trump's statements of disinterest in Russia during his campaign. Cohen confirmed discussions with Trump about the project's potential, which continued until at least June 2016. Despite claims it ended in January 2016, evidence suggests Trump was aware of its pursuit during the campaign. Public statements indicated Trump's awareness and concern over Cohen's disclosures, but he chose not to pursue the project, aligning with reports of his involvement. CHUNK 176 ======================================= Cohen pleaded guilty, President abandoned project, declined clarify. President worried about Cohen's testimony, suspecting false statements about Trump Tower Moscow. Concern may relate to broader investigations, not just Moscow. President defended actions, suggested Cohen lied to secure reduced sentence. Inferred retaliation against Cohen's family for potential testimony. President's statements possibly aimed at discrediting Cohen and diverting attention. CHUNK 177 ======================================= The case against the President is atypical due to actions involving both constitutional and non-constitutional issues, with unique executive influence. Unlike typical obstruction cases linked to underlying crimes, this case lacks proof of an underlying crime but suggests personal motives, possibly questioning election legitimacy and reacting to WikiLeaks's leaks. CHUNK 178 ======================================= The President's actions, including intimidating witnesses and exerting undue influence over investigations, were deemed criminal by him and his allies. Public acts threatened justice integrity, though their intent was harder to prove. The President's pattern of conduct, involving attempts to control investigations like the Russia probe, was unsuccessful due to refusals from aides. CHUNK 179 ======================================= Election meddling; President directed removal of Special Counsel, despite demands. No new obstruction charges. Conduct in two phases: (1) Publicly denied investigation, (2) Privately attacked investigation, attempted to control it. Legal defenses: Statute and constitutional claims that the President's actions don't constitute obstruction. CHUNK 180 ======================================= The President's counsel argues the President isn't liable for obstruction of justice under certain statutes, claiming constitutional protections apply. However, analysis shows Section 1512(c)(2) applies broadly, not just to pending cases, and precedent suggests Article II doesn't fully shield the President from liability for actions within his powers. CHUNK 181 ======================================= The obstruction-of-justice statute, 18 U.S.C. § 1512(c)(2), broadly prohibits corruptly obstructing official proceedings. It covers any act that corruptly influences or impedes proceedings, not just evidence tampering, unlike subsection (c)(1). Other laws, like 18 U.S.C. §§ 1503, 1505, and § 1512(b), also broadly address such conduct. Section 1512(c)(2) is unqualified, applying to all corrupt attempts to obstruct justice, including improper use of official powers. CHUNK 182 ======================================= Congress included specific intent and conduct elements for evidence impairment in Section 1512 but omitted them from Section 1512(c)(2), which focuses on corruption. The absence of evidence-impairment language in Section 1512(c)(2) is presumed intentional. Section 1512(c)(2) is structured as a separate offense, distinct from Section 1512(c)(1), with separate "attempt" prohibitions, emphasizing independent criminal liability. The use of "or" indicates distinct offenses. CHUNK 183 ======================================= "Otherwise" in Section 1512(c)(2) clarifies that it covers obstructive acts not listed in Section 1512(c)(1), differentiating it from the destruction of physical evidence. Judicial interpretations support a broad reading, indicating it encompasses various types of obstructive conduct beyond the scope of listed examples. CHUNK 184 ======================================= The section covers broader, non-specific obstructive acts that don't impair evidence but thwart official proceedings or investigations, as seen in several court cases. It includes actions by public officials to hinder justice processes beyond mere evidence tampering. CHUNK 185 ======================================= The omnibus clause prohibits conduct interfering with justice, applied broadly across cases. Section 1512(c)(2) targets similar obstruction results, distinct from document destruction. It overlaps with related statutes but doesn't render them redundant, with different standards for attempts and endeavors. CHUNK 186 ======================================= Criminal statutes often overlap, and this is not uncommon. Overlap doesn't justify limiting the scope of a statute unless it limits its reach. Section 1512(c)(2) wasn't amended in a way that restricts its text. The Sarbanes-Oxley Act 2002 aimed to close loopholes, but legislative history doesn't alter the statute's clear language. CHUNK 187 ======================================= Congress considered a bill in 1982 to strengthen protections against witness tampering and obstruction of justice, aligning with a provision in Section 1512(c)(2). The Supreme Court's Marinello v. United States decision doesn't support adding non-textual limitations to Section 1512(c)(2), as it already requires a "nexus" between defendant conduct and an administrative proceeding. The decision reinforces that statutes shouldn't be read to include elements absent on their face. CHUNK 188 ======================================= The report highlights Congress's awareness of Section 1512(c)(2)'s broad applicability to obstruction of justice, including Watergate cover-up. It argues that statutory construction principles don't limit the section's reach, emphasizing fair warning and due process concerns. The Supreme Court has interpreted obstruction laws with caution. A nexus test requires wrongful conduct to be linked to official proceedings for culpability. CHUNK 189 ======================================= The text discusses legal standards for obstruction of justice, focusing on the necessity of unlikely success, foreseeability of harm, and intent to obstruct specific proceedings. It emphasizes avoiding vagueness by requiring statutes to be clear and unambiguous, using "acting corruptly" as a criterion for intent. Justice Scalia and other courts have rejected vagueness challenges to this term, supporting that obstructing justice involves corrupt intent with a clear and deliberate plan. CHUNK 190 ======================================= The court found "corruptly" in 18 U.S.C. § 1505 vague regarding false information to Congress. Section 1512(c)(2)'s interpretation on evidence impairment isn't supported by lenity rules as it lacks ambiguity. Other obstruction statutes, like 1503(a) and 1505, apply to similar conduct if conditions are met. CHUNK 191 ======================================= Section 1505 targets influencing someone to violate legal duties, but Congress later expanded it to include improper purposes and influencing actions. Section 1503 covers obstructing justice through corrupt means, while Section 1512 addresses tampering with witnesses. The nexus for obstructing justice isn't the same as for witness tampering, focusing instead on intent to prevent info from law enforcement. Section 1512's broad scope makes obstruction arguments weak against presidential conduct. The President has significant discretion in investigations, exercising powers to faithfully execute laws, supported by prosecutorial discretion. CHUNK 192 ======================================= The President's authority under Article II is balanced by Congress's power in Article I to safeguard legal proceedings and investigations from corruption. Conflicts arise when presidential actions conflict with obstruction statutes; these tensions are resolved through separation-of-powers analysis. The President's claims that terminating an FBI Director and closing investigations doesn't constitute obstruction aren't supported by precedent, as Congress can regulate presidential actions with corrupt intent. The "clear statement rule" ensures statutes don't restrict presidential roles unless explicitly stated. CHUNK 193 ======================================= Statutes should avoid constitutional issues; Congress must clearly intend to alter power separation. Supreme Court enforces clear-statement rule: - Administrative Procedure Act excludes judicial review of presidential actions (Franklin v. Massachusetts). - Federal Advisory Committee Act restricts "utilized" to exclude certain advisory committees (Public Citizen v. DOJ). - Special canon applies to protect President's foreign affairs powers (Sale v. Haitian Centers Council). Department of Justice uses clear-statement principle to interpret statutes excluding presidential actions, similar to Franklin. CHUNK 194 ======================================= OLC interprets statutes differently for presidential actions due to constitutional concerns. Some statutes, like bribery laws, don't raise separation of powers issues, allowing Congress to criminalize specific presidential conduct, such as obstruction or perjury, which violate presidential duties. A clear-statement rule excludes only certain acts, but implementing it for all presidential obstruction remains complex. CHUNK 195 ======================================= The text discusses the interpretation of corrupt actions involving official powers, emphasizing that a "corruptly" defined action aims for improper advantage inconsistent with official duties. It argues against unconventional statutory interpretations for the President and stresses statutory uniformity to avoid constitutional issues. Courts should interpret statutes broadly, not as broad exceptions. The text concludes that Congress can prohibit corrupt obstructive acts through the President's powers, supporting the idea that such limitations do not disrupt the balance between branches. CHUNK 196 ======================================= The Supreme Court's separation-of-powers doctrine requires branches not to impair each other's constitutional duties. While this doesn't mean branches should have no influence over each other, a balancing test can assess conflicts. Congress can restrict presidential actions, like obstruction-of-justice laws, without unduly undermining presidential Article II functions. The test evaluates if such restrictions are justified by Congress's constitutional authority. Courts balance competing interests when Article II powers aren't explicitly assigned to the President, ensuring they don't overly restrict presidential functions. CHUNK 197 ======================================= The Court uses a balancing test to evaluate presidential executive power, considering interests like presidential communications versus judicial needs. It has recognized qualified privileges and upheld archival access to presidential records despite claims of absolute privilege. The Court sometimes applies a different framework when a President's power is exclusive, precluding Congress from regulating it. For instance, exclusive presidential powers, such as foreign recognition and pardoning, are recognized, yet Congress still influences related policy decisions. CHUNK 198 ======================================= Congress can regulate offers or promises of pardons to corruptly influence testimony, as they don't immunize corrupt acts like bribery. Obstruction-of-justice statutes don't significantly impair the President's Article II duties, except when curbing investigations or prosecutions, where Congress cannot override the President's execution of laws. CHUNK 199 ======================================= The U.S. Department of Justice outlines that Congress can impose limits on presidential actions, especially if taken with corrupt intent to obstruct justice. Such limitations on presidential power are not major intrusions as they prevent actions that aim to shield personal interests rather than furthering impartial law enforcement. The Constitution does not require presidential unfettered authority over investigations or the removal of Executive Branch officials, as Congress has the authority to structure and limit the executive branch. The President's removal power is strongest over principal officers, who report directly to the President. CHUNK 200 ======================================= The President can remove executive officials at will to fulfill constitutional duties. Cabinet officers may face removal if the President loses confidence. Inferior officers, like FBI Director and Special Counsel, can be removed for cause, subject to congressional regulations. CHUNK 201 ======================================= The Supreme Court's decision in _In re: Grand Jury Investigation_ (2019) held that Special Counsel roles are "inferior officers" under constitutional law, suggesting Congress can limit presidential removal authority for corrupt obstruction of justice. Such restrictions don't impair presidential duties, as they focus on corrupt motives rather than policy disagreements. The FBI Director's position is unclear in this context, raising constitutional questions about tenure protection. CHUNK 202 ======================================= Congress enacted obstruction-of-justice laws to protect its legislative processes, grand juries, and trials from corruption. Congress has Article I authority over criminal law and federal courts, justifying these protections. Established since 1831, these statutes ensure fair judicial and legislative operations. CHUNK 203 ======================================= The Supreme Court ruled that Congress can restrict presidential actions to protect judicial integrity and grand jury independence. The case involved presidential appointments of judges and the need for transparency in presidential communications. Protecting these processes ensures fair trials and maintains public confidence. CHUNK 204 ======================================= A ban on corrupt actions doesn't overstep the President's duty to faithfully execute laws, as it supports public over personal interests. President's obstruction immunity harms Congress's legislative integrity and isn't justified. Applying obstruction statutes to the President shouldn't hinder his duties since safeguards exist, like demanding "corruptly" intent and established legal standards. CHUNK 205 ======================================= The President's actions are generally motivated by governmental purposes, not personal corruption. Impeachment does not address underlying criminal conduct. The President's decisions often involve political interests, which are typically legitimate. CHUNK 206 ======================================= The zone of obstruction law ensures no chilling effect, with prosecutions rare except in exceptional circumstances. Prosecutorial actions are presumed regular, offering heightened protection to Presidents due to thorough judicial oversight. Only successor administrations can prosecute former Presidents, shielded by political checks. The Attorney General's authority and safeguards prevent politicized investigations. Prosecutors avoid conflicts of interest, and investigations occur only with credible evidence, contrasting civil immunity protections. CHUNK 207 ======================================= The Supreme Court held that presidential immunity shields officials from private civil damages, except for cases like bribery, where intent can be questioned. Investigations into presidential motives aren't automatically restricted, and grand juries can't access confidential communications without a strong case. Presidents aren't exempt from obstruction laws based on historical precedent. CHUNK 208 ======================================= The investigation found no evidence of the President committing obstruction of justice, but it didn't exonerate him either. The findings left unresolved issues that would require a traditional prosecutorial judgment.