US. DepartmentofJustice sheomeyrerictnedhet Broected Report On TheInvestigation Into Russian Interference In The 2016 Presidential Election VolumeI of II Special Counsel Robert S. Mueller, III ‘SubmittedPursuant to 28 CER. § 600.8(6) Washington, D.C. March 2019 US- [lup?rtrnunt 11F Justin: US. DepartmentofJustice a ‘TABLE OF CONTENTS- VOLUMEI INTRODUCTION TO VOLUME EXECUTIVE SUMMARY To VOLUME L wh 1. That SPacial. COUNSEL'S INVESTIGATION. os n 1, RUSSIAN “ACTIVE MEASURES" SOCIAL MEDIA CAMPAIGN vases A. Structure ofthe Internet Research Agency. Is BB, Funding and Oversightfrom Concord and Prigozhin 16 C. The IRA Targets US. Elections. 19 1, The IRA Ramps UpUS, OperationsAs Early AS 2014 crosnnnninsnnnnnes 2. US, Operations Through IRA-Controlled Social Media Accounts . 2 3. U.S. Operations Through Facebook. 4 4, US, Operations Through Twitter 26 a, Individualized AccoURS 26 b. IRA Botnet Activities a ls 28 5, US, Operations Involving Political Rallis. 29 ‘Targeting and Recruitmentof US. Persons, Interactions and Contactswiththe Trump Campaign. a. Trump Campaign Promotion ofIRA Political Materials y , Contact with Trump Campaign Officials in Connection to Rallies..nsensees 35 IL, RUSSIAN HACKING AND DUMPING OPERATIONS... A. GRU Hacking Directed atthe Clinton Campaign. 1, GRU Units Target the Clinton Campaign... 2. Intrusionsinto the DCCC and DNC Network... 38 2, Initial ACCESS ae 38 Implantation ofMalware on DCCC and DNC Networks. 38 «, Theft ofDocuments from DNC and DCCC Networks: 40 BB. Dissemination ofthe Hacked Materials 41 1. DCLeaks ft etd 2. Guceifer 2.0, oA 3. Use ofWikiLeaks rn ' WikiLeaks’s Expressed Opposition Toward the Clinton Campaign “4 , WikiLeaks'sFirst Contact with Guccife2.0 and DCLeaks 4s US. Department ofJustice SererBectoiinder «©, The GRU’s TransferofStolen Materials to WikiLeaks 4 Wikileaks Statements Disonling About te Source ofStolen Materials. nanan C. Additional GRU Cyber Operations. D. Teicampaign adh Dimenintonofkad Matias 1 © ComawithCanin aout Wikia a, Background, 4. WikiLeaks's October 7,2016 Release ofStolen Podesta Email. ce Donald Trump Jr. Interaction with WikiLeaks 2. Other Potential Campaign Interest in Russian Hacked Mat 4, Henry Oknyansky (a/k/a Henry Greenberg)... ». Campaign Efforts to Obtain Deleted Clinton Emails le IV. RUSSIAN GOVERNMENT LINKS To ANDCONTACTS WITH THETRUMP CAMPAIGN... A, Campaign Period (September 2015 ~Novernber8, 2016). 1. Trump Tower Moscow Project 4 , Trump Tower Moscow Venture with the Crocus Group (2013-2014). b, Communications with LC. Expert Investment Company and Giorgi Riskhiladze (Summer and Fall2015), « Letter of Intent and Contacts to Russian Government (October 2015+ January 2016), i. Trump Signs the Leter ofIntent on behalfofthe Trump Org tion, fi, Post-LOL Contacts with Individuals in Russia 4. Discussions about Russia Travel by Michael Cohen or Candidate Trump (December 2015-June 2016) i, Sater's Overtures to Cohento Travel to Russia. fi, Candidate Trump's Opportunities to Travel to Russia 2. George Papadopoulos ‘& Origins ofCampaign Work. b, Initial Russia-Related Contacts, ‘e. March 31 Foreign Policy Team Meeting . 69 ” ” n 16 16 78 80 81 2 8S US. DepartmentofJustice WorkBre hfe beeen 1d, George Papadopoulos Leams That Russia Has “Dirt”in the Form of Clinton Emails Russia Relited Communications With The Campaign. f, Trump Campaign Knowledge of“Dit” 1. Additional George Papadopoulos Contact. 3. Carter Page enn 1. Background, ». Origins ofand Early Campaign Work «, Carter Page's July 2016 Trip To Moscow 4, Latee Campaign Work and Removal from the Campaign 4. Dimitei Simes and the Centerforthe National Interest ‘4. CNI and Dimiti Simes Connect with the Trump Campaign ’ NationalInterest Hosts a Foreign Policy Speechatthe Mayflower Hotel 5. 6, 7. 8. 6, JeffSessions's Post-SpeechInteractions with CNI 4, Jared Kushner’s Continuing Contacts with Simes. June 9, 2016 Meeting at Trump Tower. 4, Setting Up the June 9 Meeting, i, Outreach to Donald Trumpsr Ji, Awareness ofthe Meeting Within the Campaign b, The Events ofJune 9, 201 i, Arrangements forthe Meeting. fi, Conductofthe Meeting «. Post-June 9 Events Events atthe Republican National Convention ss 7 8. Ambassador Kislyak’s Encounters with Senator Sessions and LD. Gordon the Week ofthe RNC. Change to Republican Party Platform. Post-Convention Contacts with Kislyak 8, Ambassador Kislyak Invites J.D, Gordon to Breakfast at the Ambassador's Residence sentence b. Senator Sessions’s September 2016 Meeting Ambassador Kislyak..... Paul Manafort... o Paul Manafort's Ties to Rus 86 89 93 94 9s 96 sn 97 98 102 103 103 no 4 116 116 u7 120 123, 23 124 2 DT 127 129 131 US. DepartmentofJustice Work Prodet/ Broteted-tinder i. Oleg Deripaska Consulting Work 1B li, Political Consulting Work 132 Konstantin Kilimnk.. 32 6. Contact during Poul Manafo’s Timewth he Trump Campaign 134 i, Paul Manafort Joins the Campaign Be i , Paul Manafort's Campaign-Period Contacts... 135 iii, Paul Manafor’s Two Campaign-Period Meetings with Konstar Kilimnik inthe United States. 138 ©, Post-Resignation Activites la B, Post-Election and Transtion-Petiod Contacts... 44 sae 4 1, Immediate Post-Election Activity. 4, Outreach from the Russian Government. ven AS ', High-Level Encouragementof Contacts through Alterative Channels... 146 2. Kiril Dmitriev's Transtion-Era Outreach tothe Incoming Administration... 147 a. Background. _ 47 ', Kirill Dmitiev's Post-Election Contacts With the Incoming ‘Administration, 7 vous 149 «©. Brik Prince and Kirill Dmitriev Meet in the Seychelles oo 1s i. George Nader and Erik Prince Arrange Seychelles Meeting. with Dini 1st li. The Seychelles Meetings. 153 Erik Prince's Meeting with Steve Bannon afterthe Seychelles Trip... 155 Dmitriev’s Post-Election Contact with Rick Gerson Regarding U.S -Russia Relations eons 136 3 samhanuoehice ttsing wtb tment ‘Trump Tower Followingthe Election. sn 159 Javed Kushner's Meetingwith Sergey Gorkov. 161 Petr Aven’s Outreach Effortsto the Transition Team. Carter Page Contactwith Deputy Prime Minister Arkady Dvorkovich Contacts With and Through Michael Flynn. 1. United Nations Vote on Israeli Settlements b. U.S, Sanctions Against Russia. VV. PROSECUTION AND DECLINATION DECISIONS ‘A. Russian “Active Measures”Social Media Campaign. US.Department ofJustice Work /May-Conti Brotected-tinden BB, Russian Hacking and Dumping Operations. Section 1030 Computer-Intrusion Conspiracy 2. Background eatatemamei i vse 175 175 11S 2. PotentialSection 1030Violation 5 179 Russian Government Outreach nd Conta 10 1, Potential Coordination: Conspiracy and Collusion. 10 2. PotentialCoordination: Foreign Agent Statutes (FARAand 18 USC § 951. 181 2 Governing Law, — 181 Application. aan 182 3. CampaignFnac, . cn 18S a. Overviw OFGoverning Law. ay Application to June9 Trump Tower Meeting cs 1S i. Thing-of-Vale Element ss 186 i . Witlfuness sn BT il, Dicein Valuing Promised Information 18s «©. Application o WikiLssks 188 iv, Analysis . a Overy OfGveing Lam i MishFyn iv Mine Ca a Vi SeSeo vii. Others Interviewed During the Investigation 190 st 1 iss 136 ir 198 U5- Deput?mnt cf Juin-nc USS. Departmentof Justice ected Prot y a M Work INTRODUCTION To VoLuMET “Thisreport is submitted to the Attorney General pursuant to 28 C.E-R. § 600.8(¢), which states that, “Tat the conclusion ofthe Special Counsel's work, he. . shall provide the Attorney General a confidential report explaining the prosecution or declination decisions [the Special Counsel] reached." ‘The Russian government interfered in the 2016 presidentialelection in sweeping and systematic fashion. Evidence of Russian government operations began to surface in mid-2016. In Jn, the Democratic National Committee and its eyber response team publicly announced that Russian hackers had compromised its computer network. Releases of hacked materals—hacks that public reporting soon attributed to the Russian government—began that same month ‘Additionalreleases followed in July through the organization WikiLeaks, with further releases in ‘October and November. In late July 2016, soon after WikiLeaks's first release of stolen documents, a foreign ‘government contacted the FBI about a May 2016 encounter with Trump Campaign foreign policy advisor George Papadopoulos. Papadopoulos had suggested to a representative ofthat foreign ‘government that the Trump Campaign had receivedindicationsfrom the Russian government that it could assist the Campaign through the anonymous release of information damaging to Democratic presidential candidate Hillary Clinton. That information prompted the FBI on July 51, 2016, to open an investigation into whetherindividuals associated with the Trump Campaign ‘were coordinating with the Russian government its interference activities. ‘Thatfall, two federalagencies jointly announced thatthe Russian government “directed recent compromises of e-mails from US persons and institutions, including US political organizations,”and, “[t]hese theftsand disclosuresare intended to interfere with the US election process.” Afterthe election,in late December 2016,the United States imposed sanctions on Russia, for having interfered in the election. By early 2017, several congressional committees were examining Russia's interference in the election. Within the Executive Branch, these investigatory efforts ultimately led to the May 2017 appointment ofSpecial Counsel Robert S. Mueller,IL. The order appointing the Special Counsel authorized him to investigate “the Russian govemment’s efforts to interfere in the 2016 presidentialelection,” includingany links or coordination between the Russian government and individuals associated with the Trump Campaign. [Assetforth in detailin this report, the Special Counsel’s investigation established that Russia interfered in the 2016 presidentalelection principally through two operations. First, @ Russian entity carried outa social media campaign that favored presidential candidate DonalJ ‘Trump and disparaged presidential candidate Hillary Clinton. Second, a Russian intelligence service conducted computer-ntrusion operations against entities, employees, and volunteers ‘working on the Clinton Campaign and then released stolen documents. The investigationalso identified numerous links between the Russian government and the Trump Campaign. Although ‘the investigation establishedthatthe Russian government perceivedit would benefit from aTrump presidency and worked to secure that outcome,and thatthe Campaign expected it would benefit US. DepartmentofJustice de tet OPE BFfarm to Ongoing Matter airiarm to Ongoing Matter 2230634, senal see also SM7 US. Department ofJustice Worle rotected-Linder-Fed-R-Grimm-P-bfe} arr rer ero PCRs Tene nec OE » ESE 2The term toll” refers tointernet wsers—in thiscontext, pad opeatives—whopost inflammatory or otherwise istptive content on social mediaor ather websites, 18 US, Department of Justice ork reteeted Harm to Ongoing Matter (aoeLng 2016, IRA employees, claiming to be U.S, soctal activists and administrators of Facebook groups, recruited U.S. persons to hold signs (including onein front ofthe White House) that read “Happy Sth Birthday Dear Boss,” asan homageto Prigozhin(whose SSthbirthday wason June 1.2016). ioe C. The IRA TargetsUS. Elections 1. The IRA Ramps Up U.S, Operations As Early As 2014 The IRA's U.S. operations sought toinfluence public opinion through online media and forums. By the spring of 2014, the IRA began to consolidate U.S. operations within a sn ranslator” feaarererecaiy the Translator Department io different responsibiives, ranging {rom operations on diffe ent social media platforms to analytics to SECS Sve SM-2230634, serials 131 204 ™ See SM-2250634, serial 156 2 Intemet Research AgencyIndictment 4, 1203 se alo, S726/16 Facebook Messages, 1D 147993689656747 (United Muslimsof Ameria) > Bere so SM32S0834,5 TS HERERO Rec 9 US, Department ofJustice Worl Protected sraphics and IT. Puan) enemy » See SMPE0GN See SM-2230634,seria! 204 EERCNSUETI 20 U.S. Department ofJustice IRAemployees alsotraveled to the United States onintlligence-gathering missions. In June 2014, four IRA employees applied tothe U.S. DepartmentofState toenter the United States, ‘while lyingabout the purpose ofther trip and claimingtobe fourfriends who had metata party." Ultimately, wo IRA employees—Anna Bogacheva and Aleksanda Krylova—received visas and centered the United States on June 4, 2014, Prioe to traveling, Krylova and Bogachevacompiled iineraricsand instructions forthe tr oe *OIE > ERE 25 Soo SM.2230634, srals 150 & 172 EROTOPE ae US, Department of Justice orl May Botectee m to Ongoing Matter Geaerenrenr ie \o 2, U.S. Operations Through IRA-Controlled Social Media Accounts Dozens of IRA employees were responsible for operating accounts and personas on Afferent U.S. social media platforms. The IRA referred to employeesassigned to operate the social media accounts as “specialists."? Starting as carly as 2014, the IRA's U'S. operations included social media specialists focusing on Facebook, YouTube, and Twitter.” The IRA later ‘added specialists who operated onTumblrandInstagram accounts. Initially, the IRA ereated social media accountsthat pretended to bethe personal accounts of US. persons:* By early 2015, the IRA began to create larger social media groups or public social media pages that claimed (falsely) to be affiliated with US. political and grassroots ‘organizations. In certain cases, the IRA created accountsthat mimicked real U.S. organizations. Forexample,one IRA-controlled Twitter account, @TEN_GOP, purported to be connected to the ‘Tennessee Republican Party.* More commonly, the IRA created accounts in the names of fictiious U.S. organizations and grassroots groups and used these accounts to pose as antimmigration groups, Tea Party activists, Black Lives Matter protestors, and other U:S. social and Political activists The IRA ii monitored the activity ofits social media accounts, jot «EeePC Earn to Ongoing Matter TE See og SM.2230634, serial 179 GED “ see, eg, Facebook ID 100011390466802 (Alex Anderson); Facebook 1D 100009626173204 (AndreaHansen); Facebook ID 100000728618427 (Gary Willams); Facebook ID 100013640043337 (LakishaRichardson} “The account claimed to be the “Unofficial Twiter of Tennessee Republicans” and made posts that appeared to be endorsements of the state politcal pary. See, eg, @TEN_GOP, 4/3/16 Twoet (Tennessee GOP backs @realDonaldTrump period #makeAmericagreatagain Hngop #ennessee #209") 2 US. Department of Justice -Attormey-Worle May- rotected-Linder fHarm to Ongoing Matter PRud By February 2016, internal IRA documents referred to support forthe Trump Campaign directions to[RA and opposition to candidate Clinton.For example, IO Matter PARAM Harm to Ongoing "Main idea: Use any opportunity Hillary [Clinton] and the rest (excel Harmto crcize to Ongoing Matter The focus onthe U.S. presidential campaign continued throughout 2016, In {Qi 2016 internal GIGI reviewing the IRA-conttlled Facebook group “Secured orders,” the ner See, eg, §M-2230634 serial 131 © The IRA posted content aboutthe Clinton candidacy before Clinton offically announced her social media accounts criticized Clinton's record as Secretary of IRA-controlled campaign,various presidential eriques of hes candiacy. TheIRAalsoused ocr tchnigucs State and promoted REE See SMe2230084, serial 70 ERNIE 2 US. Departmentof Justice Work Protected author eitcized the ser numberofposts dedicated to criticizing Hillary Clinton” and reminded the Facebookspecialist“itis imperative to intensify criticizing Hillary Clinton. TRA employees also acknowledged that their work focused on influencing the US. sidential election. (IMIRTAOMEI 3. U.S. Operations Through Facebook Many IRA oy l ' and operated byis specialists =a SS eee eos TRA Facebook groups active faringthe 2016 campaigncovered a range of politcal issues and included purported conservative ° EE °EOE * EOE m4 US. DepartmentofJustice Work Pradeshey teeta groups (with names such as “Being Patriotic,” “Stop All Immigrants,” “Secured Borders,” and “Tea Party News"), purported Black social justice groups (“Black Matters,” “Blacktivist,” and. “Don't Shoot Us"), LGBTQ groups (“LGBT United”),and religious groups (“United Muslims of Ameria! Throughout 2016, IRA accounts published an increasing number ofmaterials supporting the Trump Campaign and opposing the Clinton Campaign. For example, on May 31, 2016, the ‘operational account “Matt Skiber”began to privately message dozens of pro-Trump Facebook ‘groups asking them to helpplan a“‘pro-Trumprally near Trump Tower.” ‘To reach larger U.S. audiences, the IRA purchased advertisements from Facebook that ‘promoted the IRA groups onthe newsfeeds ofU.S. audience members. According to Facebook, the IRA purchased over 3,500 advertisements, and the expenditures totaled approximately $100,000." During the US. presidential campaign, many IRA-purchased advertisements explicitly supported or opposed presidential eandidate or promoted US. rallies organized by the IRA (discussed below). As early as March 2016, the IRA purchased advertisements that overtly opposed the Clinton Campaign. For example, on March 18, 2016, the IRA purchased an advertisement depicting candidate Clinton and a caption that readin pat, “If one day God les this liar enter the White House as a president ~ that day would be a real national tragedy.”"” Similarly, on April 6, 2016, the IRA purchased advertisementsfor its account “Black Matters” calling fora “lashmob”of U.S. persons to “take a photo with #HillaryClintonForPrison2016 or fnohillary2016°" IRA-purchased advertisements featuring Clinton were, with very few exceptions, negative.” IRA-purchased advertisements referencing candidate Trump largely supported his campaign. Thefrst known IRA advertisement explicitly endorsing the Trump Campaign was purchased on April 19, 2016, The IRA bought an advertisement for its Instagram account “Tea Party News"asking U.S, persons to help them “make patriotic team ofyoungTrump supporters” by uploading photos with the hashag “#KIDS4TRUMP.® In subsequent months, the IRA purchased dazens ofadvertisements supporting the Trump Campaign, predominantly through the Facebook groups “Being Patriotic,” “Stop AllInvaders," and “Secured Borders.” % 5/31/16 Fuccbook Message, ID 100009922908461 (Malt Skibet) to 1D 5/31/16 Facebook Message, 1D 1000099290845 ( = 5% Social Mea Iylunce in the 2016 US. Kletion, Hearing Before the Senate Select Commitee ‘om Intelligence, L1Sth Cong, 13 (11/1/17) (testimony ofColin Strech, General Counselof Facebook). 3/18/16 Facebook AdverisomentID 6048508152575. % 4/6116 Facebook Advertisment ID 6043740225319, See SM-2230634,serial 213 (documenting politically-riented advertisements from the larger setprovided by Facebook). ' 4/19/16 Facebook Advertisement ID 6045151094235. 2s US. Department of Justice Werk May Contein-MeteriaHHrotected-tinder Collectively, the IRA's social media accounts reached tens ofmillions of U.S. persons. Individual TRA social media accountsatracted hundreds ofthousands offollowers. For example, at the time they were deactivated by Facebook in mid-2017, the IRA’s “United Muslims of America” Facebook group had over 300,000 followers, the “Don't ShootUs"Facebook group had ‘over 250,000followers, the “Being Patriotic” Facebook group had over 200,000 followers, and the “Secured Borders" Facebook group had over 130,000followers." According to Facebook,in total the IRA-controlled accounts madeover 80,000 posts before their deactivationin August 2017, and these postsreached atleast 29 million U.S persons and “may have reached an estimated 126 milion people." 4, US, Operations Through Twitter ‘Anumber of IRA employees assigned to the Translator Department served as Twitter specialists Separately, the IRA operated a network of automated Twitter accounts (Commonly referred to as a bot network) that enabled the IRA to amplify existing content on Twitter, 4 IndividualizedAccounts ng Matter ounouae © Seo Facebook ID 1479936895656747 (United Muslims of America); 1157233400960126 (Don’t Shoot, Facebook 1D 1601685693437380 (Being Paratich Facebook 7571839571620 (Secured Borde) JFiarmto Ongoing Matter ©Social Media Influence inthe 2016 US Election, Hearing Before the Sonate Select Committee ‘on Imellgence, 115th Cong. 13 (11/1/17) (testimony of Colin Stretch, General Counsel ofFacebook). °TE “r >er 26 US. Department ofJustice Worle / Protected Ks oro he IRA operated individualized Twiter accounts similar to the operation of its Facebook accounts, by continuously posting original content to the accountswhile also communicating with USS. Twitter users diretly (through public weeting or Twiter’s private messaging). ‘The IRA used many of these accounts to attempt to influence U.S. audiences on the lection, Individualized accounts used to influence the U.S. presidential election included G@®TEN_GOP(described above); @jenn_abramms(claiming tobea Virginian Trump supporter with 70,000 followers); @Pamela_Moore!3 (claiming to be a Texan Trump supporter with 70,000 followers); and @America_1st_(ananti-immigration persona with 24,000 followers).In May 2016,the IRA created the Twitter account @march_for_trump, which promoted IRA-organized ralliesin support ofthe Trump Campaign (described below). Harm fo Ongoing Matter Using these accountsand others the IRA provoked reactionsfrom users and the media. Multiple IRA-posted tweetsgained popularity.”” US. media outlets also quoted tweets from IRA-controlled accounts and attributed themto the reactions of real U.S. persons.” Similarly, numerous high “TEE © otherindividualized accounts included @MisouriNewsUS (an account with3,800 fllowers that posted pro-Sanders andant-Clnton material). See @mach for tramp, 5130/16 Tweet(rst posromseeT US. Department ofJustice Worl Mey Protected aro 7. Interactions and Contacts withthe Trump Campaign ‘The investigation identified two different forms of connections between the IRA and ‘members ofthe Trump Campaign. (The investigation identified no similar connections between the IRA and the Clinton Campaign.) First, on multiple occasions, members and surrogatesof the ‘Tramp Campaign promoted—typically bylinking, retweeting, orsimilar methods of reposting— pro-Trump of anti-Clinton content published by the IRA through IRA-controlled social media accounts. Additionally, in afew instances, IRA employees represented themselves as U.S. persons to communicate with members of the Trump Campaign in an effort to seek assistance and coordination on IRA-organized political ralliesinside the United States, 4. Trump Campaign Promotion ofIRA Political Materials Among theU.S. “leaders of public opinion” targeted by the IRA were various members and surrogates ofthe Trump Campaign. Intotal, Trump Campaign afilites promoted dozens of tweets, poss, and other political contentereated bythe IRA. = Posts fom the IRA-controlled Twitter account @TEN_GOPwere cited or retweeted by rukiple Trump Campaign officals and surrogates, including Donald J. Trump Jr," Erie &, @DonaldJTrumplr 10/26/16 Tweet RT @TEN_GOP: BREAKINGThousands of names changed ‘on voter rolls in Indiana. Police investigating #VoterFraud. #DrainTheSwamp.”) @DonaldJTrampir 11/2/16 Tweet CRT @TEN.GOP: BREAKING: #VoterFraud by countingtens of thousands of inclgible mail in Hillary voles being reported in Broward County, Florida”) @DonaldyTrumplr 11/8/16 Tweet (RT @TEN_GOP: This vet passed away’ last monthbeforehe could vote forTrump. Here heisin his #MAGAbat, #oted #ElectionDay.”) TrumpJ. retweeted addtional G@ITEN._GOPcontent subsequent to the election 3 US. Department ofJustice Work / Protected “Trump,” Kellyanne ConwayBrad Parscale,” and MichaelT: Flynn.These posts included allegations of voter fraud," as well asallegations that Seeretary Clinton had mishandled classifiedinformation.” = A November 7, 2016 post from the IRA-controled ‘Twitter account @Pamela_Moorel3 was retweeted by Donald J. Trump Je!" = OnSeptember 19, 2017, President Trump's personal account @realDonaldTrump responded to a tweetfrom the IRA-controlled account @10_gop (the backup count of @TEN_GOP, which had already been deactivated by Twitter). The tweet ead: “We love you, Me.President!" IRA employees monitored the reaction ofthe Trump ‘Campaign and, later, Trump Administration officials to their tweets. For example, on August 23, 2016, the IRA~ ‘controlled persona "Matt Skiber" Facebook account sent 2 message to a US. Tea Party activist, writing that “Mr, Trump posted about our event in Miami! Thisis great!” ‘The IRA employee included a screenshot of candidate ‘Trump's Facebook account, which ineluded a postaboutthe ‘August 20, 2016 political rallies organized by the IRA. Sowenot ofrump Facebook ‘Account om Mat Stiber) @ricTrump 10/20/16 Tweet (RT @TEN_GOP: BREAKING Hillary shuts down press conference when asked about DNC Operatives corruption & #VoterFraud #debatenight #TrumpB" % @kellyamePolls 116/16 Tweet (“RT @TEN_GOP: Motherofued sailor: “Hold Hilary o same standards a my s0n on Classified inf’ Millaysemail #Weinerate”). ° @parcale 1015/16 Tweet (Thousandsofdeplorable chanting to the media “Tell The Truth? ARifyou ar also dane w/based Media! #FridayFecling”), °© @GenFlynn 11/76 (rtwecting @QTEN_GOP pos tht included in part alDonaléTrump © @uike_pence wll be ownext POTUS & VPOTUS."”) "8 @TEN_GOP 10/11/16 Tweet ("Nomh Caran ind 2214voters ove the age of1101". © @TEN GOP 114616 Tweet ("Motherofale sll: ‘HolHillary to same standards as my sonon lshinfo hillaryFWeierGate™). © @DonaldsTrumplr 11/7/16 TweetRT @PamelaMooel3: Detroit residents speakout aaiast thefled polices ofObama, Hillary & demecras °% @roalDonaldTrump 9/19/17 (7:33 pm.) Tweet (*THANK YOUfor yoursupport Mimi! My ‘camjst shared photosfrom Your TRUMP SIGN WAVING DAY, yesterday! loveyou~ and there is no ‘question -TOGETHER, WE WILL MAKE AMERICA GREATAGAIN? 1 23/16 Facebook Message, ID 100009922908461 (Mat Skids) to 1 Fa US. Department ofJustice Protected My Worle eos '. Contact with Trump Campaign Officials in Connection to Rallies Starting in June 2016, the IRA contacted different U.S. persons aliated with the Trump Campaign inan effort to coordinate pro-Trump IRA-organized ralliesinsidethe United States. In all cases, the IRA contacted the Campaign while claiming to be U.S. politcalactivists working on behalf ofa conservative grassroots organization, The IRA's contacts included requestsforsigns and other materialsto use at rlles,"” as wellas requests to promote the rallies and help coordinate logistics." While certain campaign volunteers agreed to provide the requested support (for example, agrecing to setaside a numberofsigns), the investigation has not identified evidence that any Trump Campaign official understoodthe requests were coming fromforeign nationals, In sum,theinvestigation established that Russainterfered in the 2016 presidentialelection through the “active measures” social media campaign carried out by the IRA, an organization funded by Prigozhin and companiesthat he controlled. As explained furtherin Volume I, Section V.A,infra, the Office concluded (and a grandjuryhas alleged) that Prigozhin,his companies, and IRAemployees violated US. law through these operations, principally by undermining through deceptive acts the work of federal agencies charged with regulating foreign influence in U.S. elections. See, eg, 8/16/16 Emil, joshmiton024@gmail.com to @donaldtrump.com (asking for(0 rump/Pence sighs for Florida ally); WI8/I6 Email, Joshmiltont24@umaiLeomEmail, eiad TrumpyPence signs for Florida rally); 8/12/16 @ionaldiump.com (asking for “eontact phone numbers for Trump Feshnon024@gmail.com(fill ‘Campaign affiliates” in various Flora cis and signs). © 9156,A sozaig aao locations 0 the “Florida Goes Trump Tet 816/16 Emil joshmion024@gmai.com (volunteering to send an emailblast to followers). 35 US. DepartmentofJustice Bctectec B r n d u e t , Wor IIL, RUSSIAN HACKINGAND DUMPING OPERATIONS, Beginning in March 2016,units ofthe Russian Federation's Main Intelligence Directorate ‘of the GeneralStaff (GRU)hacked the computers and emsil accounts oforganizations, employees, ‘and volunteers supporting the Clinton Campaign, including the email account of campaign chairman John Podesta, Starting in April 2016, the GRU hacked intthe computer networks ofthe Democratic Congressional Campaign Committee (DCCC) and the Democratic National ‘Committee (ONC). The GRU targeted hundreds of email accounts used by Clinton Campaign ‘employees, advisors, and volunteers. In total, the GRU stole hundreds ofthousands ofdocuments from the compromised email accounts and networks."The GRU laterreleased stolen Clinton ‘Campaign and DNC documentsthrough online personas, “DCLeaks”and “Guecifer2.0," and later through the organization WikiLeaks, Therelease of the documents was designed and timed to interfere with the 2016 U.S. presidential election and undermine the Clinton Campaign, ‘The Trump Campaign showed interest in the WikiLeaks releases and, in the summerand PMMA Harmto Ongoing Matter 2016, the same-day a video Irom years earlier was published of Trump using graphic language about women, A. GRU Hacking Directed atthe Clinton Campaign 1 LU Units Clinton Campaign ‘Two military units of the GRU carried out the computer intrusions into the Clinton ‘Campaign, DNC, and DCCC: Military Units 26165 and 74455.'"° Military Unit 26165 is a GRU cyber unit dedicated 0 targeting military, political, governmental, and non-governmental ‘organizations outside ofRussia, including in the United States." The unit was sub-divided into departments with different specialties. One department, for example, developed specialized ‘malicious software (*malware"), while another department conducted large-scale spearphishing ‘campaigns. ‘a bitcoin mining operation to ©fsdiscussed in Seton V below, our Officecharged 12 GRU officesfor crimes arising from the hacking ofthesecomputers, principally with conspiring to commit computer intrusions, in violation of 18 USC. §§1030 and 371. See Volume I, Section V'B, ina; Indictment, United Sates Netyksho, No. E:18-er-215 (D.D.C. July 13,2018), Doe. (-Nessho Indictment” 1 NeykahoIndictment Separate fomthis Offices indictment ofGRU officers, in October 2018a grand jury sittingin the Westem District of Pennsylvania retumedaindictment charging certain membersof Unit 26165 with hacking the U.S. Anti-Doping Agency, the World Anti-Doping Agency, and other internationalsport associations. United States v. Aleksei Sergeyevich Morenets, No. 18-263 (WD. Pa). "© spearphishing emails designed to appear as though it originates from a usted source,and solicits information to enable the sender to gain acces oan account oF network, or causes the reipint to 36 US. DepartmentofJustice secure bitcoins used to purchase computer infrastructure used in hacking operations." Military Unit 74455 is a related GRU unit with multiple departments that engaged in cyber ‘operations. Unit 74455 assisted in the release of documentsstolen byUnit 26165, the promotion ‘of those releases, and the publicationofanti-Clintoncontent on social media accounts operated by the GRU. Officers from Unit 74455 separately hacked computers belonging tostate boards of clectons, secretaries ofstate, and U.S. companies that supplied software and other technology ‘elated to the administration of U.S. elections."* [Beginning in mid-March 2016, Unit 26165 had primary responsiblity for hacking the DCCCand DNC, as well as email accountsofindividualsaffiliated with the Clinton Campaiga:!"> 266 EE se TI different Democrateswebaten netting democrats or hilapeinoncomasdne nz and egan before the GRU had obtainedany credentials or gained access ese networks, Indicating that the later DCCC and DNC intrusions were not crimes of ‘opportunity but rather theresult oftargeting."* = GRUofficers also sent hundreds of spearphishing emails to the work and personal email accountsofClinton Campaign employees and volunteers. Between March 10,2016 and March 15, 2016, Unit 26165 appears to have sent approximately 90 spearphishing emails to email accounts at hilaryeliton.com. Starting on March 15,2016,the GRU began targeting Google email accounts used by Clinton Campaign employees, along witha smaller numberofdnc.ong email aceounts."7 ‘The GRUspearphishing operation enabledit to gain access to numerousemailaccounts of Clinton Campaign employeesand volunteers, including campaign chairman John Podesta, junior Volunteers assigned to the Clinton Campaign's advance team, informal Clinton Campaign advisors, and a DNC employee." GRU officers stole tens of thousands of emails from spearphishing victims, including various Clinton Campaigh-telated communications lownload malware thatenables the sender to gainaccess to anaccount or network. NepkshoIndictment 410. ain mining ensof waking oeby aig computa pons. HMIID pt is newly mincd coin in an account onthe Bicoin exchange platform CEX.o, To ta Puttes the GRU routed funds no oer acouns trough ansactions designed o ober thesource Of und Nepsholndicent62, "% NeoshoIndictment 68. "8 Naps Indictment $9. "See SM-2589105, serials 44 & 495, 37 US. Department ofJustice Se af nbeeiticdeeiHbanbacbel 2. Intrusions into the DCCC and DNC Networks By no later than April 12, 2016, the GRUhad gained access to the DCCC computer network using the credentials stolen from a DCCC employee who had been successfully spearphished the week before. Over the ensuing weeks, the GRU traversed the network, identifying different computers connected to the DCCC network. By stealing network access credentials along the way (including those of IT administrators with unrestricted access to the system), the GRU compromised approximately 29different computers on the DCCC network!” Approximately six days after first hacking into the DCCC network, on April 18, 2016, ‘GRUofficers gained access tothe DNC networkvia a virtual private network (VPN)connection ‘betweenthe DCCC and DNCnetworks." BetweenApril18, 2016 and June 8, 2016, Unit 26165 ‘compromised more than 30 computers on the DNC network, including the DNC mal server and shared fle server. 4. Implantation ofMalware on DCCCandDNC Nenworks Unit 26165 implanted on the DCCC and DNC networks two types of customized malware,"known as “X-Agent” and “X-Tunnel”; Mimikatz,a credental-harvesting tool; and rarexe, tool usedin these intrusions to compile and compress materials for exfltation. X-Agent ‘was a multi-function hacking tool that allowed Unit 26165 to log keystrokes,take sereenshots, and gather other data about the infected computers(e.g, file directories, operating systems)."*" X‘Tunnel was a hacking tool that created an encrypted connectionbetween the vietim DCCC/DNC computers and GRU-controled computers ousidethe DCCC and DNC networks that was capable oflarge-scale data transfers." GRUofficers then used X-Tunnel to exfltrate stolen data from the vietim computers "© AVPN extends a private network, allowing users to send and receive data across public networks(suchas the intes)a if theconnecting computerwas diostly connected tthe private network. The VPN inthis case had been created to give a small number of DCCC employees access to certain databases housed onthe DNC network. Therefore,while the DCCC employees wereouside the DNC's private network, they could access pars ofthe DNC network fom their DCCC computes er Te SHIS-HACK, ser "2 yatware” is sort for malicious software and here refers to software designed to allow a third party to infiltrate «computerwithout the consent or knowledge ofthe computers user or operat. 38 US. Department of Justice Tooperate X-Agent and X-Tunnel onthe DCCC and DNC networks, Unit 26165 officers set up a group of computers outside those networks to communicate with the implanted malware." The first set of GRU-controlled computers, knownby the GRU as “middle servers, sent and received messages to and frommalware on the DNC/DCCCnetworks. The middie servers, inturn, relayed messagesto a second set of GRU-controlled computers, labeled internally served as a by the GRUas an “AMS Panel.” The AMS Pane! SUEUCMCERIGTORII nerve centrthrough which GRU officers monitored and dirested the malware's operations onthe DNCIDCCCnetworks.” The AMS Panelused tocontrol X-Agent duringthe DCCC and DNC intrusions was housed fon a leased computer located near MMMM Arizona.”DEC R Po ore "fn connection with these intrusions, the GRU used computers (virtual private networks odicaedservers operated by hosting companies, et) thatit leased from third-party providers located ai over the work Te tvestigatonWeed etal agreesad peymens for compurs lostedin er BPMinvestigative Technique Aeente tagcing is US elton © NepoIndictment42. © NepoIndcimen 4246). © Naps Indcinen4240) 39 US. Department of Justice Hook Pradeshn Hoteeted The Arizona-based AMS Panel also stored thousands offiles containing keylogging sessions captured through X-Agent. These sessions were captured as GRUofficers monitored DCCC and DNC employees’ work oninfected computersregularly between April 2016 and June 2016, Data captured in these keylogging sessions included passwords, internal communications ‘betweenemplayees, banking information, and sensitive personalinformation 6 Theft ofDocuments from DNCand DCCC Networks Officers from Unit 26165 stole thousands of documents from the DCCC and DNC networks, including significant amounts of data pertaining to the 2016 U.S. federal elections. Stolen documents includedinterna strategy documents,fundraising data, oppositionresearch,and ‘emailsfrom the work inboxes of DNC employees."®" ‘The GRU began stealing DCCC data shortly after it gained access tothe network. On April 14, 2016 (approximately three days after theinitialintrusion) GRU officers downloaded rat.exe ‘onto the DCCC's document server. ‘The following day, the GRU searched one compromised DCCC computer for files containing search terms that included “Hillary,” “DNC,” “Cruz,” and “Tramp.”"! On April 25,2016, the GRUcollected and compressed PDFand Microsoft documents fromfolders onthe DCCC's shared file server that pertained tothe 2016 election." The GRU appearsto have compressed and exfiltrated over 70 gigabytesofdatfrom this file server." ‘The GRUalso stole documents fom the DNC network shortly after gaining access. On April 22,2016, the GRU coped filesfrom the DNCnetwork to GRU-cantolled computes. Stolen documents included the NC's opposition research into candidate Trump."* Between approximately May 25,2016 and June 1, 2016, GRUofficersaccessed the DNC’s mailserver ffom a GRU-contolled computeleased inside the United States.During these connections, "© NepahoIndictment 1427-2; as oe Servers and copesofrelevanttraffic logs. NeptshoIndietment $f 28-29, 40 US. Department ofJustice Serle / Protected-tinder ‘Unit 26165officers appearto have stolen thousands ofemails and attachments, which were later released by WikiLeaks in July 2016." 'B, Disseminationofthe Hacked Materials ‘The GRU’s operations extended beyond stealing materials, and included releasing documents stolen from the Clinton Campaign and its supporters. ‘The GRUcarried out the ‘anonymous releasethrough twofictitious online personas tat it ereated—DCLeaks and Guccifer 2.0—and laterthrough the organization Wiki-caks. 1. DCLeaks ‘The GRU began planningthe releasesatleast as early as April 19,2016, when Unit 26165 registered the domain deleaks.comthrougha servicethat anonymizedthe registrant.” Unit 26165, pidforthe registration usinga pool ofbitcoin that it had mined.'™The deleaks.com landing page pointed to diferent tranches ofstolendocuments, arranged by vietim or subject matter. Other deleaks.com pages contained indexesofthe stolen emails that were beingreleased (bearing the sender, recipient, and date ofthe email). To control access andthe timing of releases, pages were sometimes password-protected fora period oftime and later made unrestrictedtothe public Starting in June 2016, the GRU posted stolen documents onto the website deleaks.com, including documents stolen from a numberofindividuals associated with the Clinton Campaign. ‘These documentsappeared to have originated from personalemail accounts (in particular, Google and Microsoft accounts),rather than the DNC and DCCC computer networks. DCLeaks vietims included an advisor to the Clinton Campaign, a former DNC employee and Clinton Campaign employes, and four other campaign volunteers." ‘The GRU released through deleaks.com thousands of documents, including personal identifying and financial information, intemal correspondence related to the Clinton Campaign and priorpoliticaljobs,and fundraising files and information." "8 Netyksho Inditment $29. The las-intime DNC email leased by WikiLeaks was dated May 25, 2016, the same period of time during which the GRU gained access to the DNC'semailserver, ‘Nepiho Indictment $45, © Netytsho Indictment438. Approximately a week beforethe registration of dcleaks.com, the fanaaal tit omcin i See SM-2589105, serial181; Neslsho Indictment 21(8). See, eg Inemel Archive, “atps/dcleaks cons” (archive date Nov. 10,2016). Additionally, DDCLeakereleased documentsrelating to emails belonging ‘ol and emailsfrom 2015relating to Republican Party employees (under the portfolio name “the United Sites Republican Party"). “The United States Republican Party” portfolio contained approximately300 email froma varityof GOP members, PACs, campaigns, state partes, and businesses dated between May'and October 2015, According to open-source reporting, these victims sharedthesame 41 US. Department of Justice GrasictadoesBeatin totes GRUofficers operated a Facebook page under the DCLeaks moniker, which theyprimarily used to promote releases of materials." ‘The Facebook page was administered through a small ‘numberof preexisting GRU-controlled Facebook accounts." GRUofficersalso used the DCLeaks Facebook account, the Twitter account @dcleaks_, and the email account dcleaksproject@igmailcom to communicate privately with reporters and other U.S. persons, GRUofficersusing the DCLeaks persona gavecertain reporters early access to archives of leaked files by sending them links and passwords to pages on the dcleaks.com \website that had not yet become public. For example, on July 14, 2016, GRU officers operating underthe DCLeaks personasent a ink and password for a non-public DCLeaks webpage toa U.S. reporter via the Facebook account." Similarly, on September 14, 2016, GRU officers sent reporters Twitterdirect messages from @seleaks_,with a password to another non-public part of the dcleaks.com website ‘The DCLeaks.com website remained operational and public until March 2017. 2, Guccifer 20 (On June 14,2016, the DNC and its eyber-response team announced the breach ofthe DNC network and suspected theft of DNC documents. In the statements,the eyber-response team alleged that Russian state-sponsored actors (which they referred t0 as “Fancy Bear”) were responsible for the breach."* Apparently in responseto that announcement, on June 15, 2016, GRUofficers using the persona Guccifer 2.0 created a WordPress blog. In the hours leading up to the launchofthat WordPress blog, GRUofficers logged into a Moscow-based server used and ‘managed by Unit 7445S and searched for a number of specific words and phrasesin English, including“some hundred sheets,” “illuminati,” and “worldwide known.” Approximately two hhours after the last ofthose searches, Guccifer 2.0 published its first post, attributing the DNC server hack toa lone Romanian hacker and usingseveral ofthe unique English words and phrases thatthe GRU officers had searched forthatday. Tennessoo-based web-hostingcompany,called Smartech Corporation. William Bastone, RNC E-Mail Was, InFact, HackedBy Russians, Toe Smoking Gun Dee. 13,2016). 1 Nepso Indictment 438 "See, e.g, Facebook Account 100008825623541 (Alice Donovan). 7/14/16 Facebook Message, ID 793088100795341 (DC Leaks)‘ 1 SoaA906i delat‘ “Te messages read" ps esorQTVKU}QCOx pas KvPepo*Aggro 9 " Dmitti Alperovtch, Bears inthe Midst: Inruson into the Democratic National Commitee, CCroweStrke Blog(June 14,2016). CroweStike updateits post afer the June 15,2016 post by Guccifer 2.0 claiming responsibilty far the intrusion "6 Newyho Indictment 141-42, 2 USS. DepartmentofJustice ‘Attomey-WotlePredhe // Protected Fed R-Ctim-P-6fe) ‘Thatsame day, June 15,2016, the GRUalso used the Guceifer2.0 WordPress blog to begin releasing to the public documents stolen fromthe DNC and DCCC computer networks. "The Guccifer 2.0 personaultimately released thousandsofdocuments stolen from the DNC and DCCC ina series ofblog posts between June 15, 2016 and October 18, 2016.7 Released documents included opposition research performed ‘by the DNC (including a memorandum analyzing potentialcriticisms ofcandidate Trump), internal policy documents(suchas recommendations on hhow to address politically sensitive issues), analyses of specific congressional races, and fundraising documents. Releases were organized around thematic issues, such as specifi states (e.g, Florida and Pennsylvania) that were perceived as competitiveinthe 2016 U.S. presidential election, Beginningin late June 2016, the GRU also used the Guecifer 2.0 persona to release documents directly to reportersand otherinterested individuals. Specifically,on June 27, 2016, ‘Guccifer 2.0 sent an email tothe news outlet The Smoking Gun offering to provide “exclusive access tosome leaked emails linked (to Hillary Clinton's staff"The GRUlater sent the reporter a password and link to locked portion ofthe deleaks.com website that contained an archiveofemails stolen by Unit26165fom aClinton Campaignvolunterin March 2016." That the Guesifer 2.0 persona provided reporters access toa restricted portion ofthe DCLeaks website tends to indicate that both personas were operated by the same or a closely-telated group of people.'* ‘The GRUcontinued its release efforts through Gucci2.0 into August 2016. For ‘example, on August 15, 2016,the Guccifer 2.0 persona sent a candidate forthe U.S. Congress ‘documents related tothe candidate's opponent." On August 22,2016,the Guccifer2.0 persona ‘ransferred approximately 25 gigabytes of Florida-related datastolen from the DCCC t a US. blogger covering Florida polities." On August 2, 2016,the Guccifer 2.0 persona sent a USS. reporter documentsstolen from the DCCC pertaining to the Black Lives Matter movement. "Releases ofdocuments on the Guccife 2.0 blogoccuredonJune 15,2016;June 20,2016; June 21, 2016; July6, 2016; July 14, 2016; August12,2016; August15, 2016; August 21,2016; August 31, 2016;September 15,2016; Soptmber23,2016;October 4, 2016; and October 18,2016, eoAso reed pectic ie ate oe cal aa a a a Ue sng th yt ek ed peed come DCs a peeerereeoneaS Secon te Sure 20 pon see pre sg at DCLses sub project” and that Gucifer 2.0 had asked DCLeaks to clase the leaked emails with “closed access” ive reporters preview ofthem ° Napaho Indictment 43(8 5 yepsho Indictment $43(). ° Napsho Indictment §43(0 ry USS. Departmentof Justice early August 2016, We Rriters suspension of Gueetler Twiter account. After it was renstated, GRU offices posingas Guceier 2.0 wrote via private messagethank u for writing back dou ind anythinginterestingin the docs Fposted?” On August 17, 2016, the GRUadded,“pleasetll meican help v anyhow it would be a great pleasure to me." On September 9, 2016, the GRUagain posing as Guccifer2.0—referred to stolen DCCC documentposted online and asked “what, do u think ofthe info onthe turnout model forthe democrats entre pesidenil campaign.” responded, “pretty standard.”'* The investigation did not identify evidence of other ications beween(gO] and Guceiter 20. 3. Use of WikiLeaks In orderto expand its interference in the 2016 U.S. presidential election,the GRUunits ttansferred many of the documents they stole from the DNC and the chairman of the Clinton ‘Campaign to WikiLeaks. GRU officers used both the DCLeaks and Guecifer 2.0 personas to ‘communicate with WikiLeaks through Twitterprivate messaging and through enerypted channels, including possibly through WikiL-eaks's private communication system, 44, WikiLeaks's Expressed Opposition Towardthe Clinton Campaign WikiLeaks, and particularyits founder Julian Assange, privately expressed opposition to ‘candidate Clinton well before the first release ofstolen documents. In November 2015, Assange wrote to other members and associates of WikiLeaks that “[wle believe it would be much better for GOP to win... Dems+Media+liberals woudl[sic] then form a block to reign in their worst qualities... With Hillary in charge, GOP will be pushing for her worst qualties., ‘demsmedia neolberalswill be mute... She's bright, well connected,sadistic sociopath." In March 2016, WikiLeaks released a searchable archive ofapproximately 30,000 Clinton emails that had been obtained through FOIA litigation.” While designing the archive, one WikiLeaks member explained the reason for building the archive to another associate: '% 11/49/15 Twitter Group Chat, Group ID 594242937858486276, @WikiLeaks etal. Assange also wrote tha, "GOPwil generate ot oposition[sie], inluding through dumb moves. Hillary will do thesimething, but co-optthe liberal opposition andthe GOP opposition. Hencehillary asgreater Feedom to sat warsthanthe GOP and has the wil odo so." 1d © WikiLeaks, “Hillary Clinton Email Archive,” available at ps wkleaksorgelinton-rall “4 USS. DepartmentofJustice SHetke // Protected [Wle wantthis repository to become “the place” to search for background on hillary's plotting atthe state department during 2009-2013..... Firstly because its useful and will annoy Hillary, but secondly because we want to be seen to be a resouree/playerin the US lection, becausecit [sc] may en{]courage peopleto send useven moreimportant leaks.'* 1b, WikiLeaks’s First Contact with Guccifer2.0 andDCLeaks Shortly after the GRU's first release of stolen documents through deleaks.com in June 2016, GRU officers also used the DCLeaks persona to contact WikiLeaks about possible coordination in the future release of stolen emails. On June 14, 2016, @dcleaks_sent a direct message to @WikiLeaks, noting, “You announced your organization was preparing to publish more Hillary's emails. We are ready to support you. We have some sensitiveinformation too,in Around the same time, WikiLeaks initiated communications with the GRU persona Guccifer 2.0 shortly aftr it was used to release documents stolen from the DNC. On June 22, 2016, seven days after Guccifer2.0°s first releases of stolen DNC documents, WikiLeaks used ‘Twitter's direct message function to contact the Gucefer 2.0 Twitter account and suggest that Guceifer 2.0 *[sJend any new material [stolen from the DNC] here forus to review and it will have ‘a much higher impactthan what you ae doing.” OnJuly 6, 2016, WikiLeaks again contacted Guocifer 2.0 through Twitter's private messaging function,writing, “ifyou haveanythinghillary elated we wantiin the next tweo [sc] days prefable [sic] because the DNCisapproaching and she will solidify bemic supporters behind herafter.” The Guccifer 2.0 persona responded, “ok. . ise.” WikiLeaks also explained, “we think trump has only a 25% chance ofwinningagainshillary... so conflict between bemie and hillary is interesting." The GRU's Transfer ofStolen Materials to WikiLeaks Both the GRU and WikiLeaks sought to hide their communications, which haslimited the Office'sability to collectall ofthe communications between them. Thus,althoughits cleae that the stolen DNC and Podesta documents were tansfered from the GRU to WikiLeaks, PIG TDN OWAts AMMtne wk ei te ae sccount had een used to send a privatmessage opposing fea ofClinton “in wiithouse Wit her boot and umitons sc ofempire with havkish Iberainterventonist appointees” 11/19/13 Twiter GroupChat, Group ID S94242937838486276, @WikLeaks "6114/16 Twitter DM, @dcleaks_to @WikiLeaks "© Neosho Indictment 47(). "716/16 Twiter DMs, @WikiLeaks & @gucife2. 45 US. DepartmentofJustice Werle / Protected The Office was ableto identify when the GRU(operating through is personas Guecifer 2.0 and DCLeaks)transferred some ofthe stolen documents to WikiLeaks through onlinearchives set up by the GRU. Assange had access tothe intemet from the Ecuadorian Embassy in London On July 14,2016, GRUofficers used a Guccifer 2.0 email account to send WikiLeaks an «email bearing the subject “big archive” and the message“a new attempt.""" The email contained an encrypted attachment withthe name “wk dne link txt.gpe."™ Using the Guecfer 2.0 Twitter account, GRUofficers sent WikiLcaksan eneryptedfile and instructionson how to open it.!®° On July 18, 2016, WikiLeaks confirmed in a direct message to the Guccifer 2.0 account thait had ‘the 1Gb or so archive” and would make a releaseofthestolen documents“this week”!On July 22,2016, WikiLea released over 20,000 emailsand other documents stolen from the DNC ‘computernetworks." he Democratic National Convention began three days later. Similar communications occutred between WikiLeaks and the GRU-operated persona DCLeaks. On Seplember 15,2016, @dcleaks wrote to @WikiLeaks,“hi there! 'm from DC Leaks. How could we discuss some submission-elted issues? Amtrying t reach out to you via no response. vegot somethingthat might interest you. You won't geting but chat yoursecured ibe disappointed, I promise:""* The WikiLeaks account responded, "Hithere,” without further elaboration. The @dcleaks_accountdidnot respondimmediately. The same day, the Twiter account @guecifr2 sent @udcleaks_a direct message,which is thefrst known contact between the personas." During subsequent communications, the °©This was not the GRU firsattempt at transfering dat to WikiLesks. On June 29,2016, the ‘GRUused Gucci2.0 email acount to send lax ented file fo a WikiLeas ena cecun. S20/e Foal, guclte2anacon LAMAR Cra pps ove ee undelivered) ° See SM-258910-DCLEAKS,serial 28 (analysis. °6/27/16 Twiter DM, @Gucsiter2 to @WikiLeaks ° 7/18/16 Titer DM, @Guociter 2 & @Wikileaks 2 “DNCEmall chive" Wikileaks (Jul. 2 16),avalableatnps:wkilesksorg/dne-emails °9/15/16 Twiter DM, @dcleaks_to @WikiLeaks " 9/15/16 Twiter DM, @gucciter2 to @ucleaks_. 46 US. Departmentof Justice Whore Panes ctecte Guccifer 2.0 persona informed DCLeaks that WikiLeaks was trying to contact DCLeaks and arrange fora wayto speak through encrypted emails." ‘An analysis of the metadata collected fromthe WikiL-eaks site revealed thatthe stolen Podesta emails show a creation date of September 19, 2016." Based on information about Assange’s computer and its possible operating system, this date may be when the GRUstagedthe stolen Podesta emailsfortransfer to WikiLeaks (asthe GRUhad previously donein July2016 for the DNC emails)" The WikiLeakssite also released PDFs and other documents taken from Podestathat were attachments to emails in his account; these documents had a creation date of October 2, 2016, which appears to be the date the attachments were separately staged by WikiLeaks on its site." Beginning on September 20, 2016, WikiLeaks and DCLeaks resumed communicationsin briefexchange. OnSeptember 22,2016, a DCLeaks email account deleaksproject@gmail.com ‘sentan email o a WikiLeaks account with the subject “Submission” and the message “Hifrom DeLeas" The “email conained a “PGPencogied mesage wih the filename vikmalt gpg." Tinie "The email, however, bears @ numberof snares wo etate rt archive aOtoemal of mwmen te Guccfer 20 persona to give WkiLeasacces(the DNC file,ORCofficers On Septemberused22,2016 the same day of DCLeaks' email to Wikileaks), the Twitter account @dcleaks sents single message to QWikiLeaks with the string ofcharacters The Office cannot rule out thatstolen documents were transferred to WikiLeaksthrough inermediaies who visited during the summer of 2016. For example, public reporting identified ‘Andrew Miller-Maguhn asa WikiLeaks associate who may have assisted thetransferofthese stolen documents to WikiLcaks."> ©See SM-2589105-DCLEAKS, serial 28; 915/16 Twitter DM, @Guccifer2 & @WikiLeaks. se22804) seal6 & 6LEE (ie time, cern Apple operating systems used a setng thatleft a fovnloaded Mes creationdate the same asthe creation date shown onthe hast computer. This would ‘explain why the creationdate on WikiLeaks's versionofthe fils was sill Septombr 19, 2016, See SM2284941, serial 62 1 When WikiLeakssaved attachments separately from the soln emails, its computer stem appears to have treated each attachment as anew fle and givenit a new creationdate. See SM-2284041, serials 63 & 68 * See 9722116 Ema dcleakspnject@gnanT ° Ellen Nakashimaetal, 4 German Hacker Offers a Rare Look Inside the Secretive Worldof Jilin Assange and WikiLeaks, Washington Post (Jan. 17,2018). a US. DepartmentofJustice Worl May-Gonti Protected (On October 7, 2016, Wikileaks released the first emailsstolen from the Podesta email account, Intotal, WikiLeaks released 33 tanches of stolenemails between October 7, 2016 and November 7, 2016, The releases included private speeches given by Clinton;'” intemal communications between Podesta and other high-ranking membersofthe Clinton Campaign;"* and correspondence related tothe Clinton Foundation,"In total, WikiLeaks released over 50,000 documentsstolen from Podesta’s personal enmail account. The lastin-time email released from Podesta's account was dated March 21, 2016, two days after Podesta received a spearphishing email sent by the GRU, 4. WikiLeaks Statements DissemblingAbout theSource ofStolen Materials ‘As reportsattributing the DNC and DCCC hacks to the Russian government emerged, WikiLeaksand Assange made several public statements apparently designed to obscure thesource ofthe materials that WikiLeaks wasreleasing. The file-transferevidence described above and ‘ther information uncovered during the investigation discredit WikiLeaks’s claims about the source ofmaterial thatit posted, Beginning in the summerof 2016, Assange and WikiLeaks made a numberof statements about Seth Rich,a former DNC staff member who waskilled in uly 2016. Thestatements about Rich impliedfalsely thathe had beenthe source ofthe stolen DNC emails. On August 9, 2016, the @WikiLeaks Twitter account posted: “ANNOUNCE: Wikileaks has decided to issue a 'USS20k rewardforinformationleading to conviction forthe murder of DNC stafferSeth Rich," Likewise, on August 25, 2016, Assange wasasked in aninterview, “Why are you so interested in Seth Rich’s killer?” and responded, “We're very interested in anything that might be a threat to alleged Wikileaks sources.” The interviewer responded to Assange’s statement by commenting, “L know you don’t want to reveal your source,but it certainly soundslke you're suggesting a man who leaked information to WikiLeaks wasthen murdered.” Assangereplied, “If there's someone ‘who's potentially connected to our publication,and that person has beenmurdered in suspicious ™ eto Indictment 43, © @WikiLeaks 8/9/16 Tweet, US. Department ofJustice Worle Mey-Contain Protected circumstances,it doesn’t necessarily mean thatthe two are connected. Butitis a very serious matter. ..thattype ofallegation is very serious, it'staken very seriously by us." ‘After the U.S. intelligence community publicly announced is assessment that Russia was behind the hacking operation, Assange continued to deny that the Clinton materials released by WikiLeaks had come from Russian hacking. According to media reports, Assange told a US. congressman thatthe DNC hack was an “inside job,”and purported to have “physical proot”that Russians did not give materials to Assange."™ ©. Addit ial GRU Cyber Operations While releasing the stolen emails and documents through DCLeaks, Guecifer 2.0, and WikiLeaks, GRU offices continued to target and hack vietims linked to the Democratic campaign and, eventually, to targetentities responsible forelection administrationin several stats. 1. Summerand all 2016 OperationsTargeting Democrat-Linked accounts connected to candidate Clinton's (On July 27,2016, Unit 26165 targeted emailunt rape pbsteno at ay pinitMMM Inclded the following: "Ress, ifyou're listening, T hope you're able to find the 30,000 emails ‘that are missing. think you will probably be rewarded mightily by our press."!" The “30,000 emails” were apparently a reference to emails described in media accounts as having been stored ‘ona personalserver that candidate Clinton had used while serving as Secretary ofState Within approximately five hous of Trumps statment, GRU ofiers targeted forthe Gest Clinton's personal offic. After candidate Trump's remarks, Unit 26165 created and sent time malicious links targeting 15 cmaaccounts atthe domain including an email ScouringClanAMM Tin en ees fre atempis fo compromise accounts hosted on ths domain. eis unclear how the GRU was GRU ahleto identify thee emal accounts,which were not publi ™ Unit 26165 officers also hacked into a DNC accounthosted ona cloud-computing service (On September 20,2016,the GRUbegan to generate ‘copies ofthe DNC data using function designed to allow usersto produce backups of databases(refered to fas snapshots"), The GRUthen stole those snapshots by moving See Assange: “MederedDNC Stafer Was‘Potential’ WikiLeaks Source," Fox News (Avg, 25, 2016(containingvideo ofAssange interview by Megyn Kelly, °M, Raju & Z, Cohen, A GOP Congressman's Lonely Quest Defending Julian Assange, CNN (May 23,2018). °S “Donald Trump on Russian & Missing Hillary Clinton Emails;” YouTube Channel C-SPAN, Posted 7/27/16, available at tp:youtube com atch=3kxGBuUsWU(starting at 041), 49 US. DepartmentofJustice Worl / Potected-Cinder hn oH su hat hy cons om hs, he eas wee movedGRU controle eomputers. The GRU stole approximately 300 ggabyes of data from the DNC clo based account 2. Intrusions Targeting the Administration ofU.S. Elections In adaltion to targetingindividuals involved in the Clinton Campaign, GRU officersalso targetedindividuals and entities involvedinthe administrationoftheelections. Vietimsincluded US. state and local entities, such as state boards of elections (SBOES), secretaries ofstate, and county governments, as well as individuals who worked for those entities" The GRUalso targeted privatetechnology firmsresponsible for manufacturingand administeringelection-telated software and hardware,such as voterregistration software and electronic polling stations."” ‘The GRU continued to target these victims through the elections in November 2016. While the investigation identified evidence thatthe GRU targetedtheseindividuals and entities,the Office did notinvestigate further. The Office did not, frinstance, obtain or examine servers or ather rwlevant items belonging to these victims. The Office understands that the FBI, the US. Department of Homeland Security, and the states haveseparately investigated that activity. By atleast the summer of 2016, GRUofficers sought accessto state and local computer networksby exploiting knownsoftware vulnerabilities on websites ofstateand local governmental entities. GRUofficers, for example, targetedstate and local databases ofregistered voters using & technique known as “SQLinjection,” by which malicious code was sent to the state or local ‘website in orderto run commands (such as exfiltrating the database contents)" In one instance in approximately June 2016, the GRU compromised the computer network of the Ilinois State Board of Elections by exploiting a vulnerability in the SBOE"s website. The GRUthen gained access to a database containing information on millions of registered Illinois voters," and ‘extracted data related to thousands of US. voters before the malicious activity was identified." ay thes ATE se sot ee vulnerabilities For examples over atwo-daysperod th July 2016, GRU offices iil forvulnerabilities on websites ofmore than two-dozen sates, 1 Nepho indent34; se also SM-258010S-HACK,sei 9LEER "© NephoIndictment 69 3 Nepisho Indictment169 50 US,7 Department ofJustice a Tor vulnerabiies continued rough the election to public ofcias involved nelson emails speupishing sent also 74455 Unit personnel t companies involved in vottechnology, In August 2016, GRU sdninsatonand overs targeted employee M2 vins technology companythat developedsoftware toed by numerous US, countesto manage voter rls sndalled alvare on te company ema o over 120 ema GRUsenforspeapishng theresponsible in November206, Similarly, network US. election.” the2016alcou administering county officals by Florida sed dccounts software coded withinfected Word docunent conned antatatached The sperpishingemails computer acesthe to GRU the permite Trojan) ts (commonly refered We understand the FBIblives that ths separately The FBIwasenabled county one Flordn of at axleatexplained network to the tat ganfor thisaccesinvestigation, to independentverify GRU the responsible operation above,not beiand not did Office The ovemment ndete ivesgnve steps hat wold have ben neces to do 50. D.Trump Campaign and the Dissemination ofHacked Materials The Trump Campaign showed interest in WikiLeaks's rcleases of hacked materials shout the summer and fall of 2016 4, Background Nepisholad ment 476. ME US. Department of Justice 'b. Contacts with the Campaign about WikiLeaks os Harmto Ongoing Matter 'On June 12, 2016, Assange claimed ina tclevised interview to "have emails relating {oFillary Clinton which are pendingpublication,” but provided noaddtional context. In debriefings with the Office former deputy campaign chairman Rick Gates said that uaa rump being generally frustrated thatthe Clinton emails had not Beenfound. Paul Manafort, who would later Become campaign chairman,EEO 1 oaeee "See Mahita Gajanan, Julian Assange Timed DNC Bmail Release for Democratic Convention, Time uly 27,2016)(quotingthe June 12,2016 television interview). tnFebruary2018, Gates pleaded gully,pursuant to a pleaagreement, fo a superseding criminal informationcharginghim with conspiring to defraud and commit multiple offenses (tax fraud, failure to report foreign bank account, and acting as an unegisered agentofa foreign priscipal) against the United States, as well as makingfalse statements to our Office. Superseding Criminal Information, United Siatesv. Richard W. Gates Hl, 1:17-<-201 (D.D.C. Feb. 23,2018), Doe 195 (“Gates SupersedingCriminal Information”); Pea Agreement, United States v. Richard W. Gates I, 11 2018), Doc. 205(GatePlea Agreement"). Gateshas provided informationand in-cour testimony thatthe Office has deemedtobe reliable © Gates 10/25/18 302, a 1-2 Asexplained further in Volume I Section IV.A 8, inf, Manafort entered into a plea agreement with our Office, We determined that he breached the agreement by being untruthfulin profersessions and before the grand jury. We have generally recounted his version of evens inthis report only when his statementsar sufficiently corroborated to be trustworthy1o identify issues on Which Manafort’s untruthful ‘esponses maythemselves beof evidentiary value; orto provide Manafots explanations for certin events, ‘even when we were unable to determine whether thatexplanation was eredible. His accountappears here principally becauseit alignswith those of ether witnesses. Wier US.2 Departmentof Justice ed Gl Michael Cohen, former executive vice president ofthe Trump Organization and special ‘counsel to Donald J. Trump,!”told the Office thathe recalled an incident in which he was in office in Trump Tower GERONTOL eonLe Cohen further tid the Oftice thal after Wiki-eaks's subsequent release of stolen 2016,candidate Trump said to Cohen something to the eectof ‘According 0 Gales, Manafort expressed exettement about te release glad f° Manafort, for his part, told the Office that short ‘Wikileaks’ July 22 release, Manafort also spoke withcandidate Trump meen Penanec > Dvanted to be Kept appased of any In November 2018, Cohen pleaded guilty pursuant toa plea agreement to a single-count informationcharging himwith makingfalse statements to Congres,i Violation of 18 U-.C. § 1001(@)& (©. He had previously pleaded guilty to several othereximinalcharges brought hythe US. Attorney's Cc in the Souther District of New Ver, after areferalfom this Office, Inthe months leading up t0 his false-statements guilty plea, Cohen met with our Office on multiple eeasions for interviews and provided information that the Oice has generally assessedtobe reliable and that is includedin this report >er ‘Cohen 9/18/18 302, ot 10, GEC aero oe developments with WikiLeaks and separately tod Gates to kep in touchEU aboufuture Wikileaksreleases." According to Gates, by the late summer of 2016,the Trump Campaign was planning a press strategy, a communications campaign, and messaging based on the possible release of Clinton emails by WikiLeaks"” GENCXTeeEGC 2A Fagriarm to Ongoing Matter olds a doctorate in politcal science." In 2016, Corsialso worked foe the %Gates4/10/18 302, at 3; Gates 4/11/18 302,at 1-2 (SM-2180998); Gates 1025/18 302, at 2. 2 Gates 10/25/18 302(serial 241), at 4 2 Corsifrst rose to public prominence in August 2004 when he published his book Unfitfor Command: Swift Boat Veterans Speak Out Against Jako Kerry. Inthe 2008election cycle, Crsgained prominence for being a leading proponent ofthe allegationthat Barack Obama was not born in the United States, Corsi tld the Office that Donald Trump expressedinterest in his writings, andthahe spoke with ‘Trump on the phone ona least sx occasions. Cors9/6/18 302,a3 Corsi LOBI/L8 302, a2; Corsi was frst imterviewed on September 6, 2018 at m, D.C. He was accompanied by counsel throughout the interview. Corsi was subsequently interviewed on September 17, 2018; September 21, 2018; October 31, 2018; November I, 2018;and November 2, 2018, Counsel was s4 US. DepartmentofJustice Work sey Protected oe ‘Corsi told the OfTice dus Interviewsthat he "must have reviousTy discussed Assange with Malloch. ror Peka ncead ‘According to Malloch, Corst asked him to put Corsiin touch with Assange, whom Corsi ‘Wished to interview. Malloch recalled that Corsialso suggestedthat individualsinthe “orbit” of UK. politician Nigel Farage might be ableto contact Assange and asked if Malloch knew them. Malloch told Corsi that he would thnk about the request but made noatuattempt to connect MOOSd ‘resentforall imerviews, andthe interviews beginning on September 21,2018 wereconducted pursuantto $asrwtt one sitefi ste gat inied cameos ‘ee rosie 3 a es: because omniing wihesss or WikLedrPURE stag tt Rei its faust0 fo cntctAssange he eleved had no 2 US. Departmentof Justice AHorkeProduet Protected Malloch sated to investigators that beginning in or about August 2016, he and Corsi had nlp Fastindscns out Wi tad made a connection to Assange and that the hacked ematls of fohn Podesta WOU Teles prior to Election Day and would be helpfulto the Trump Campaign. In one conversation in or around August or September 2016, Corsitold Malloch that the release ofthe Podesta emails was ‘coming, after which“we” were going to be inthedriver's seat! aero PeEd Poeecg Pert Harmto Ongoing Matter Pe Parana Pt oer Taoaun Necod Bitarto Ongoing Matter *a Berto Ongoing rere Ongoing Spre ware Earnie Warer Fon >rer 56 , Z US. DepartmentofJustice a 7 Harm to Ongoing Matter Harm to Ongoing Matter Po Matter ros eReSur ero >i >rer Birfarm to Ongomng Matter »EXE »ERX DPE 2 Puen pe PT PReae US. DepartmentofJustice Wark May rotectee 4d, WikiLeaks's October7, 2016 ReleaseofStolen Podesta Emails Oat ede afer te Anns pes on AA the WashingtonPost published an Access Hollywood Videoth faptured comments candrsie Trump some yeasearlier and that was expected to adversely affect the Campaign.” Less than an hour afterthe video's publication, WikiLeaksreleased the first set of emails stolen by the GRU from the account of Clinton Campaign chairman John Podesta ero PeeOn PCPs or Peake cy (Corsisuid that,because ha no direct means of communicating wit membersofthe news site WND—who were participating on a conference call with him that day—to reach Assange immediately. Corsi claimedthat the pressure was eros > Candidate Trump can be heard of camera making graphic statement about women, 24 tn a ater Noverber 2018 interview, Corsistated [athebelieved Malfo h was on thecal bur then Tocused ‘nother individuals who were on the callviation whichMalloch was not. (Separate avelreords show that a the time ofthecll Malloch was aboard a transatlantic Bight), Corst atone point tated tht after WikiLeaks’s release ofstolenemails on October 7, 2016, be concluded Malloch had gottenin contactwith Assange, Cori 11/1/18 302, a6 38 USS. Department ofJustice ected Prot Worle May-Conis - ‘enormousand recalled telling the conference caltheAecess Hollywoodtape was coming ™* Corsi statedthat he wasconvincedthat his effortshad caused WikiLeaksto release the emails when they id° Ina later November 2018 interview, Corsistated that he thought that he had told people ‘on a WND conference call aboutthe forthcoming tape and had sent out a tweet asking whether Anyone could contact Assange,but thensaid that maybe he had done nathing.*” eventsofOctober 7, 2016 but found “The Officeinvestigated .Corsis allegations aboutthe 2ore reeEC AON Su However,the pk Themselves do-not indicate thatthe conversation was with any ofthe reporters who broke the 31/16 Email, Smith o Smith 2 8/28/16 Email, Smith to Smith Incorporation papers ofKLS RescochLC, 726/17 Seoboesan3/29/18 302, t2 ™% Seoboesan 3/29/18 302,at 3. of PetSmithSithtof ndKLS Ree, 1091/17 Co Read Email, 2” Fc son 10/11/16 2 Tut 8/2017 302,a 3; York 7/12/17 302, at 1-2; York 11/22/17 302, a 2York 7/13/17 302 (attachment KLS Research, LLC, "Clinton EmailReconnaissanceInitative,” Sept. 9, 2016). a US. DepartmentofJustice WerkeMay: rotected-tinder and Kellyanae Conway.‘The investigation established that Smith communicated with atleast Flynn and Clovisabouthissearch forthe deleted Clinton emailsbut the Office did notidentify ‘evidence that any ofthe listed individualsinitiated ordirected Smith’sefforts, In September 2016, Smith and Ledeen got back in touch with each other about thei respective efforts, Ledeenwrote to Smith,“wondering ifyou had some more detailed reports or ‘memos or other data you could share because we have come a long way in our efforts since we last visited, . We would need as muchtechnical discussion as possible so we could marry it ‘aginst the new data we have found and then could share it back to you “your eyes only.” Ledeenclaimed to have obtained a trove ofemails(from what she described asthe “dark web”) that purported tobe the deleted Clinton emails. Ledeen wanted to authenticate the emails ‘nd solicited contibutions to fund thateffort, Erik Prince provided funding to hire a tech advisor to ascertain the authenticity ofthe emails, According to Prince, the tech advisor determined that the emails were not authentic A backup of Smith's computer contained two files that had been downloaded from WikiLeaks and that were originally attached to emails received by John Podesta. The files on ‘Smith's computerhad creationdates ofOctober2,2016, which was prior tothe date oftheirrelease bby WikiLeaks. Forensic examination, however, established thatthe creation date did not reflect when the files were downloaded to Smith's computer. (It appears the creation date was when WikiLeaks staged the document for release, as discussed in VolumeI, Section ILB.3.¢,supra.) ‘The investigation did not otherwise identify evidence that Smith obtained the files before their release by WikiLeaks. ‘Smith continued to send emails to an undisclosed recipient about Clinton’s deleted ‘emails until shortly before the election. Forexample,on October 28,2016, Smith wrotethat there was a “tug-of-war going on within WikiLeaks over its planned releases in the next few days,” and that WikiLLeaks“has maintained that it will save its best revelations forlas, under the theory this allowslitle time for response priorto the U.S. election November 8."‘An attachment to the = The same recruitment document listed Jerome Corsi under “Independent Groups/OrgaizationsTividuas,” and described him a5 an “established author and writerfrom the right ‘on President Obama and See, Clinion.” 2 Flynn 11/29/17 302, a 7-8; 10/15/16 Email, Smithto Flynnetal; 8/28/16 Email,Smithto Smith (bee: Clovis eta). + 9/16/16 Email, Ledeen to Smith 8 Prine 4/4/18 302,at 45 ™ The forensic analysis ofSmith's computer devices found that Smith used an older Apple ‘operating system that would have preserved that October 2, 2016 creation date when it was downloaded (Go matter what day it was in fat downloaded by Smith). See Volume I, Section INLB.3.c, supra. The ‘Office tested this theory in March 2019 by dovenloaing the two files found on Smiths computer from ‘WikiLeake's sit using thesame Apploperating systemon Smith's computer; both iles were successfully ‘On September 24, 2015, Riskhiladze sent Cohen an attachment that he described as a proposed“eterto the Mayor ofMoscow from Trump or.”explainingthat “[w]e needto send this letter to the Mayor ofMoscow (second guy in Russia) he is aware ofthe potentialprojet and will pledge his support."Ina second email to Cohen sent the same day, Rtskhiladze provided ttansltion ofthe letter, which deseribed the Trump Moscow project as a “symbolof stronger ‘economic, business and cultural relationships between New York and Moscow and therefore United States and the Russian Federation.”"” On September 27, 2015, Rskhiladze sent another ‘email to Cohen,proposingthatthe Trump Organization pariner on the Trump Moscow projectwith “Global DevelopmeatGroup LLC," which he deserbed as being controlled by Michail Posikhin,a Russian arebitect, and Simon Nizharadze."™ Cohen tld the Office thatheultimately proposaland instead continued to work with IC. Exper,the companyrepresented by Fe «LetterofIntent and Contact to RusianGovernment(October 2015-January 2016) 1. TrumpSigns the LetterofIntent on behalfofthe Trump Organization Between approximately October 13, 2015 and November 2, 2015,the Trump Organization (through its subsidiary Trump Acquistion, LLC) and LC. Expert completed a letterofintent (LOD) fora Trump Moscow property. The LOI,signed by Trumpforthe Trump Organization and Rozov on behalfof LC. Expert, was “intended to facilitate further discussions"in order to “attempt to 5 Riskiladze was a US-based executive of the Georgian company Silk Road Group. In spproximatly 2011, Sik Road Group and the Trump Organization entered int a licensing agreement to bull a Trump-beanded property in Batumi, Georgia. Riskhiladze was also involved in discussions fare Baa Retin, Tn Otteed Hatt, Cohen 9/2/18 302 at12; see also Riskhiladze 5/10/18 302 a > gaziis Emil, Riskhilade to Nisharave. 6/24/15 Bx, Riskhiladze to Cohen 5 924/15 Emil, Riskhiladze toCohen 89T/15 Email, Riskhiladze to Cohen. Cohen 9/1218 302, 12. ” U.S. Department ofJustice WorkMay Gontainaterie-Bretecter ‘enterinto a mutually acceptable agreement” relatedtothe Trump-branded project in Moscow." ‘The LOIcontemplated a development with residential,hotel, commereial, and office components, and called for “[alpproximately 250 first lass, lxury residential condominiums,” as wel as “[o}ne first class, luxury hotelconsisting ofapproximately 15 floors and containing not fewer than 150 hotel rooms." For the residential and commercial portions of the project, the Trump Organization would receive between 1% and 5% ofall condominium sales,™ plus 3% ofall rental and other revenue.For the project's hotel portion,the Trump Organization would receive a base fee of3% ofgross operating revenues forthe first five years and 4% thereafter,plus a separate incentive fee of 20% of operating profit." Under the LOI, the Trump Organization also would receive $4 milion “up-front fee” prior to groundbreaking." Under these terms,the Trump Organization stood to ean substantial sums overthelifetime of the project, without assuming significant liabilities or financing commitments.” (On November 3,2015, the day after the Trump Organization transmitted the LOI, Sater ‘emailed Cohen suggesting that the Trump Moscow project could be used to inerease candidate ‘Trump's chancesat being elected, writing: Buddy our boy can become President ofthe USA and we can engineer it. Iwill get all of tins team to buy in on this, I will manage this process. Michael, Putin gets on stage with Donald for a ribbon cutting for Trump Moscow, and Donald ownsthe republican nomination, And possibly beatsHillary and ourboyisi. ... We willmanagethisprocess better than anyone. You and I will get Donald and Viadimir on a stage together very shortly. That the game changer.” Later that day, Sater followed up: ‘Donald doesn’t stare down, he negotiates and understands the economic issues and Putin ‘only want to deal with @ pragmatic leader, and a successful business man is a good ‘candidate for someone who knowshow to negotiate. “Business, polities, whateverital is the same for someone who knowshow to deal” 9 [172/15 Email, Cohen t Rozov etal (attachment) (hereinafer“LOT” seeali \ON3NS Email, Sater to Cohen & Davis (attachingproposed letofintent). * LOI, p.2. 2 The LOIcae for the Trump Organization to receive 59% ofall gross sales up t0 $100 million; 4% ofall gross salesfrom $100 million to $250 million; 3% ofall gross salesfrom $250 million to $500, rillion; 29 of ll gross sales from $500 milionto 1 billion;and 1% ofall gross sales over SIbillion. LO, Schedule 2. 2LOL, Schedule 2 ™* LOL, Schedule 1 =LL,Schedule 2 Cohen 9/12/18 302,a3. 2 LYB/1S Ema, Sater to Cohen (12:14 pm. n US. Department ofJustice “Aertel ProductMay Betected think can get Putin to say thatatthe Trump Moscow pressconference. Ite saysit we own this election, Americas most difficult adversary agresing that Donald is good guyto negotiate Weean ovths eletion Michael my next steps are very sensitive with Putins very very close people, we can pull this off, Michael ood. letsgo. 2 boysfrom Brooklyn getting a USA presidentelected. This is goodreally ‘According to Cohenhe did not consider the politialimport ofthe Trump Moscow project to the 2016 U.S. presidential electionatthe time. Cohen also did not recall candidate Trump or ‘anyone affiliated with the Trump Campaign discussing the political implications of the Trump Moscow project with him. However, Cohen recalled conversations with Trump in which the ‘candidate suggested thathis campaign would be a significant “infomercial” for Trump-branded properties. 4, Post-LOIContacts with Individuals in Russia Given the size f theTrump Moscow project,Saterand Cohenbelieved theprojectrequired approval (whether express of implici from the Russian national government, includingfrom the Presidential Administration of Russia.” Sater stated that he therefore began to contact the Presidential Administration through another Russian business contact.”' In early negotiations with the Trump Organization,Sater had alluded to the need for government approval and his attempis to setup meetings with Russianofficial, On October 12,2015, for example,Sater wrote to Cohen that “all we needis Putin on board and we are golden,” and that “meting with Putin and top deputyis tentatively set forthe 14th ofOctober)" GRR meeting ‘vas beingcoordinated by associatesin Russaand tat he had nodec ieracton withthe Rusian government” Approximately a month late,after the LOIhad beensigned, Lana Erchova emailed Ivanka Trump on behalfofErchova'sthen-husband Dmitry Klokoy, to offer Klokov’s assistanceto the ‘TrumpCampaign. Klokov was atthat time Director of External Communications for PISC Federal Grid Company ofUnified Energy System, a large Russian electricity transmission 11/3/15 Email, Saterto Cohen (12:40p.m). ©cena3034Caen78,1 >EN cs. 1215717 302,02 7508a > ataol, Sarooh (07a) eo © yakartenalfe wnsnie ns“am, Ani whisi npipoyes th tae annogghad ty Kioyo See who he is close to and that he has done Putn’s political campaigns.” 11/16/15 Email, Erehova to [ Trump. n US. Department oflustice Attomney-MotleBeohie // Protected company, and had been previously employed as anaide and press secretary to Russia’s energy ‘minister. Ivanka Trump forwarded the email to Cohen."He told the Office tha,afterreceiving this inquiry, he had conducted aninternet search for Klokov’s name and concluded (incorrectly) that Klokov wasa former Olympic weightlifter. Between November18 and 19, 2015, Klokov and Cohen had at least one telephone call and exchanged several emails. Describing himselfin emails to Cohen asa “rusted person” who could offer the Campaign “political synergy” and “synergy on a government level,” Klokov recommended that Cohen travel to Russia to speak with him and an unidentified intermediary. Klokov said that those conversations could facilitate a Inter meeting in Russia between the candidate and an individual Klokov described as“our person of interest” In an emailto the Office, Erchovalater identified the ‘person ofinterest” as Russian President Vladimir Putin. Inthe telephone call and follow-onemailswith Klokov, Cohen discussed his desire to use «near-term trip to Russatodo site surveys and talk over the Trump Moscow project with local developers. Cohen rezistered his willingness also to meet with Klokov and the unidentified intermediary, but was emphatic that all meetings in Russia involving him or candidate Trump— ineluding a possible mesting between candidate Trump and Putin—would need to be ‘in conjunction with the development and anofficial visit” with the Trump Organization receiving @ formal invitation wo visit? (Klokov had written previously that “the visit [by candidate Trump to Russia} has tobe informal") Kokov had alsopreviously recommendedto Cohen that he separatetheir negotiations over ‘apossible meting betweenTrump andthe person ofinterest”from anyexiting businesstrack." Re-emphasizingthathis outreach was notdone onbehalfofany business, Klokoy addedin second ‘email to Cohen that, if publicized well, such a meeting could have “phenomenal” is business dimension” and that the “person of intrest{'s]" “most important support” could have sigoificant ramifications forthe “level ofprojects and theircapacity.” Klokoy concluded by telling, © 11/1675 Email. Trump to Cohen. 2Cohen 8/7/18 302, a17. Dug his interviewswith the Offic, Coben sil appearedto blive thatthe Kokohe spoke with was tht Olympian. The investigation, however, established hat theena addres used to communicate with Cohen belongs to diferent ity Klokoy as described above ©”11/8/15 Email, Kiokov to Coben (651 am.) 2fn uly 2018, he Ofies received an unsolicited emailpurporting wo befom Ercan which shewrotethat "fhe en of2015 and begining of2016 Iwas asked by my exchusband tocontact Ivanka “Trump. and oe cooperation to Trump's team on behalfofthe Russian officials” 7/27/18 Email, Erchovato Special Counsel's Offs, Theemail came thatthe fii wantedto offer candidate Trump “land ia Crimea among oe things and unofficial meeting with Putin” fn order vet the email’s claims, the Office responded requesting moe dels. The Ofc dnt recive any el. 2 11/18/15Email, CohenKlokov (7:15 am), 2 11/18/15Email, Klokov to Cohen 6:5am), 2%" L/18/15 Email, Klokov t9 Cohen (6:51 am) (1 would suggest separatingyour negotiations and our proposl to meet. [ase you, alr the meeting level of projets and thei capacity can be completely diferent, havingthe most important supper.” B USS. Department ofJustice RrStine Patented Cri ‘Cohen thatthere was “no bigger warranty in any project than [the] consent ofthe person of interest"? Cohen rejected the proposal, saying that “elumently our LOI developer i in talks With VP's ChiefofStafand arranging a formal invite forthe two to meet." ‘This email appears to be their final exchange, and the investigation did notidentify evidence that Cohen brought Klokov'sintialoffer ofassistanceto the Campaign'sattention orthatanyone associated with the ‘Trump Organization orthe Campaign dealt with Klokov at later date, Cohen explained that he did not pursue the proposed meeting because he was already working onthe Moscow Projectwith Sater, who Cohen understood to have his own connections to the Russian government." By late December 2015, however, Cohen was complaining that Sater had not beenable to usethose connections to setup the promised meeting with Russian governmentofficials. Cohen told Sater that he was“setting upthe meeting myselt."™® On January 11, 2016, Cohen emailed ‘the office ofDmitry Peskov, the Russian government's pres secretary,indicating that he desired contact with Sergei Ivanov, Putin's chief of staff, Cohen erroneously used the email address “Pr_peskova@prpress gof.ru” instead of “Pr_peskova@prpres.gov.ru,” so the email apparently id” not go through." On January 14, 2016, Cohen emailed a different address Cinfo@apepress.gov.ru) with the following message: Dear Mr. Peskov, Overthe past few months, have been working with a company based in Russe regarding the development ofa Trump Tower-Moscowproject in Moscow City. Without getting into lengthy specifics, the communication between our two sides has stalled. As this projects too important, 1 am hereby requesting your assistance. respectfully request someone, preferably you; contact me so that I might diseuss the specifies as well as aranging meetings with the appropriate individuals Thank youin advancefor yourassistance and look forward to hearing from you soon.” “Two days later, Cohen sent an email to Pr_peskova@prpress.gov.ru, repeating his request to speak. with Sergei Ivanov." Cohen testified to Congress, and intially told the Office, that he did not recall receiving & response to this email inquiry and that he decided to terminate any further work on the Trump “Moscow project as of January 2016. Coben later admitted thatthese statements were false. In 52 11/19/15 Email, KlokovtoCohen (7:40 am), 5 11/19/15 Email, Cohen to Klokov(12:6 pm). > Cohen 918/18 302at 12 °° Fs0q004 (12/30/15 Text Message, Coen to Sater (6:17pam). > 1/11/16 Email, Cohen o p_peskova@prpress got. ru (9:12 am), 9° 1/4/16 Email, Cohen oinfo@prpress.gov (9:21 a). > 1/1616 Email, Cohen o r_peskovadprpress gov. (1028am), ” US. DepartmentofJustice Feitectet fact, Cohen had received (and recalled receiving) a response to his inquiry, and he continued to ‘work on and update candidate Trumpon the projectthrough as late as June 2016. On January 20, 2016, Cohen received an email from Elena Poliakova, Peskav's personal assistant, Writing from her personal email account, Poliakovastated that she had been tryingto reach Cohen and asked that hecall heron the personal numberthatshe provided." Shortlyafter receiving Poliakova's email, Cohen called and spoketo herfor20 minutes." Cohen deseribed to Poliakova his position at the Trump Organization and outlined the proposed Trump Moscow project, including information about the Russian counterparty with which the Trump Or hhad partnered. Cohen requested assistance in moving the project forward, bothin securing land to build the project and with financing. According to Cohen, Poliakova asked detailed questions and took notes, stating that she would need to follow up with others in Russia Cohen could not recall any direct follow-up from Poliakova or ftom any other representative ofthe Russian government, nor did the Office identify any evidence of direct follow-up. However,the day after Cohen's call with Poliakova, Sater texted Cohen, asking him to"{call me when you havea few minutes to chat... It's about Putinthey called today." Sater then sent a draft invitation for Cohen to visit Moscow to discuss the Trump Moscow project" along with anote to “fell me ifthe letteris good asamended by me or make whatever changes you want and sendit back to me."After a further round ofedits, on January 25, 2016, Sater Sent Cohen an invitation—signed by Andrey Ryabinskiy of the company MHJ—to travel to “Moscow fora working vist” aboutthe “prospects ofdevelopment and the construction business in Russia,” “the various land plotsavailable suited for constructionofthis enormous Tower.” and “the opportunity toco-ordinatea follow up visit to Moscow by Mr. Donald Trump.”According %* Cohen information (94,7. Cohen's interactions with President Trump and the President's lawyers whenpreparing his congresional testimony are discussed further in VolumeI, See ValI, Setin 1X3,ira 120/16 Email, Poliakova to Cohen (5:57 am.) (Me. Cohen] I eat get through to bth your phones Pls, call me”) 2Telephone records show a 20-minute call on Janay 20,2016 betwesn Cohen an the number te cal, Cohen saved Polakova’s contact information in his Tramp Organetion Outo k cotlis W20116 Coben Microsolt Outlook Entry (6:22am), Cohen 9/12/18 302, 2, Poliakova provided in her email. Call Records of Michael SERRE ‘After * FS0001 1 (1/21/16 Text Messages, Sater to Cohen). The invitation purported to be from Genbank, @ Russian bank that was, according fo Sater, working at thebehest ofa large bank, VTB, and wuld consider providing financing, FSOO0OR (12/31/15 ‘Text Messages, Ster& Cohen). Additional information about Genbank can be found in, 2 FSOODLI (1/21/16 Text Message, Sater to Cohen (7:44 pam); 1/20/16 Ema, Sater to Coben (649 pm), 1/28/16 Email, Ste to Coben (12:01 pm.) (attachment 15 US.Department ofJustice Work rotected to Cohen, he elected not to travel atthe time because of concems aboutthe lack of concrete ‘proposals aboutland plots that could be considered as optionsforthe project.” 4. Discussions about Russia Travel by Michael Cohen or Candidate Trump (December2015-June 2016) 1, Sater's Overtures to Cohen to Travelto Russia ‘The late January communication was neither the first nor the last time that Cohen contemplated visting Russia in pursuit ofthe Trump Moscow project, Beginning in late 2015, Sater repeatedlytried to arrange for Cohen and candidate Trump, as representatives ofthe Trump Organization,to travel to Russato meet with Russian government officialsand possible finan partners. In December2015,Sater sent Cohen a number ofemails aboutlogisticsfortraveling 0 Russa for meetings." On December 19, 2015, Sater wrote: Pleasecall me I have Evgeney [Dvoskin]on the other line {*"] He needs a copy ofyour and Donald's passports they need a scan of every page of the passports, Invitations & Visas will be issued this week by VTB Bank to discuss financing for Trump Tower Moscow. Politically neither Putis office nor Ministry of Foreign Affairs cannotissue invite, so they are inviting commercally/ business. VIB is Russia's 2 biggest bank and \VTBBank CEO Andrey Kostin,willbe at all meetings with Putin so that itis a business ‘meeting not political, We willbe invited to Russian consulate this week to receiveinvite ‘have visa isued.* In response, Cohen texted Satean imageofhis own passport"! Cohen told the Office that at one point he requested a copy of candidate Trump's passport from Rhona Graf, Trump's executive assistant atthe Trump Organization, and that Graf later brought Trump's passport to Cohen's 5 Cohen 9/12/18 302, at 6-7 2Sac, e.g, 2/1/18 Email, Saterto Cohen(12:41 pm) ("Please sean and send me a copyofyour passport for the Russian Ministry ofForeignAffair”) 2 Toll :ecords show iatSoler was speaking to Evgeny Dvoskin, Call Revords of Felix Sater Dvoskin is an executiveofGenbank, a lage bank wit lending focused in Crimea, Unrate, Ate tine tat Seter provided this financing eter to Cohen, Genbank was subject to US. governmentsanctions, see Rusia/Ukraine-related Sanctions ad Identifcations, Office ofForeign Assets Control (Dec. 22, 2015), available at hp:www teasur.goviresource-centersanctionOFACEnforeementPages!20151222.aspx. Dvoskin, who had boon deportedftom the United States in 2000 for criminalactivity,was underindictment inthe United Stats for stock faud underthealiases Eugene Slusker and Gene Shustar. See United States v. Rizzo, ef, 2:03-t-63 (EDN. Feb, 6,2003) % 12/9/15 Emm, Sater to Cohen (10:50 asm. FSQ0002 (I2/19/1S Text Messages, Sater to Colten, (10:53 am). ™ FS00004 (12/19/15 Text Message, Cohen to Sater); ERT_0198-256 (12/19/15 Text Messages, Cohen & Sate) %6 US. DepartmentofJustice Mek: / Protected-Under May-Contei Fed Pte} ‘officeTheinvestigation did not, however, establish thatthe passport was forwarded to Sater. Into the spring of 2016, Sater and Cohen continued to diseuss a trip to Moscow in ‘connection with the Trump Moscow projeet. On Apel20,2016, Saterwrote Cohen, “t]he People ‘wanted to know when you are coming?" On May 4, 2016,Sater followed up: Thad achatwith Moscow. ASSUMINGthetrip does happen the question is before orater the convention, I said I believe, but don't know for sure,that's i's probably after the convention. Obviously the pre-meeting trip (you only) ean happen anytime you want but the 2 big guys where [sic] the question. I said I would confirm and revert... Let me know aboutIf was ight by sayingI believe ater Cleveland and also when you want to speak to them and possibly fly over. Cohen responded, “My trip before Cleveland, Trump once he becomes the nominee after the convention.” ‘The day afterthis exchange, Satertied Cohen's travel to Russia to the St. Petersburg Intemational Economic Forum ("Forum"), an annual event attended by prominent Russian politicians and businessmen. Satertold the Office that he was informed by a business associate that Peskov wanted to invite Cohen tothe Forum." On May 5, 2016, Sater wroteto Cohen: Pskov wouldlketo invite you as his guest othe St.Petersburg Forum whichis Russia's Davos i's June 16-19. He wants to meetthere with you and possibly introduce you to either Putin or Medvedev, as they are not sue if or both will bethere. ‘This is perfect. The entre business class ofRussia wil be there as well He sad anything you want to discuss including dates and subjects ar on the table to discuss{_} ‘The following day, Sater asked Cohen to confirm those dates would work for him to travel; Cohen ‘wrote back, “[wJorks for me." %8 Cohen 9/12/18 302, at 5 % On December 21,2015, Sater sent Cohena text message that read, “They need a copy of DIT passport” towhich Cohenresponded, “After return fom Moscow with youwitha datefor him.” FSOO004 {1221/15 Text Messages, Coben & Sater). *t FSOGOL4(4/20/16 Tent Message, Sater fo Cohen(9:06 pm.) 5 FSOOOLS (5/4/16 TextMessage, Sater to Cohen (7:38 pam.) 2 FSO001S (5/4/16 Text Message,Cohen to Sater (8:03 pm.) » Sater 12/15/17 30, at 4 ™* FSO0OI6 (5/5/16 Text Messages, Sater 9 Cohen (626 & 627 am.) P00016 (56/16 Text Messages, Cohen & Sater n US. Department ofJustice Werk // Broteted-Linder ‘On June 9, 2016,Sater sent Cohen a notice that he (Sater) was completing the badges for the Forum, adding, “Putin is there on the 17h very strong chance you will meethim as well” ‘On June 13,2016, Sater forwarded Cohen an invitation to the Forum signed bythe Director ofthe Roseongress Foundation,the Russian entity organizing the Forum." Sater also sent Cohen a ‘Russian visa application and asked him to send two passport photos." According to Cohen, the invitation gave no indicationthatPeskov had been involved in inviting him. Cohen was concerned that Russian officials were not actually involved or were not ineresed in meeting with him (as Sater had alleged),and so he decided not to goto the Forum." On June 14,2016, Cohen met Sater in the lobby ofthe Trump Tower in New York and informed him that he would not be traveling at that time." i, Candidate Trump's Opportunitiesto Travelto Russia ‘The investigation identified evidencethat, during the period the Trump Moscow project ‘was under consideration,the possibilty ofcandidate Trump visiting Russia arose in two contexts First, in interviews with the Office, Cohen statedthat he discussed the subject oftraveling to Russia with Trump twiee: once in late 2015;and again in spring 2016." According to Cohen, “Trumpindicated a willingness to travel fit would assist theprojecsignificantly. Onone occasion, ‘Trumptold Cohen to speak with then-campaign manager Corey Lewandowski to coordinate the candidate's schedule. Cohen recalled that he spoke with Lewandowski, who suggested that they speak again when Cohen had actual dates to evaluate. Cohen indicated, however,that he knew ‘that avelprio tothe Republican National Convention would be impossible given thecandidate's preexisting commitmentstothe Campaign.” Second, like Cohen, Trump received and tured down an invitation tothe St.Petersburg Intemational Economie Forum. In late December2015, Miea Duma—a contact ofIvankaTrump's from thefashion industty—first passed along invitations forIvanka Trump and candidate Trump from Sergei Prikhodko, a Deputy Prime Minister ofthe Russian Federation.” On January 14, 2016, Rhona Graff sent an email to Duma stating that Trump was “honored to be asked 10 paticipate in the highly prestigious” Forum event, but that he would “have to decline” the invitation given his “very grueling and fll travel schedule” asa presidental candidate.” Graff > FS00018 69/16 Text Messages,Sater & Cohen}. 2613/16 Ema, Saterto Cohen (2:10pm). FS00018 (6/13/16 Text Msage, Sater to Cohn (2:20 pim)}; 613/16 Email, Satero Cohen. ™ Cohen9/12/18 302, at 68. 2+ #500019 (6/14/16 Tent Messages, Cohen & Sater (12:06 and 2:50 pm) Cohen9/1218 302,a2 Cohen 9/1218302,a7. 27 1/21/15 Email, Miato Ivanka Trump (6:57 am.) (attachments); TRUMPORG_16_000057 (176 Email, 1 Trump to Graf (18 am.) 2 Y146 Email, Graffto Mica. US. Departmentoflustice Worl My-Conise Metoriel-Broteted asked Duma whethershe recommended that Graf “send «formal note to the Deputy Prime Minister”declining his invitation; Duma repliedthat formalnote would be “great.” does notappear that Graff preparedthtnote immediately. According to written answers from President Trump,Graff received an email from Deputy Prime Minister Prikhodko on March17, 2016, again inviting Trump to participate in the 2016 Forum in St, Petersburg,"*" Two Weeks later, on March 31, 2016, Graff prepared for Trump's signature a two-paragraph letter declining the invitationThe letter stated that Trump's “schedule has become extremely “demanding” because ofthe presidential campaign, that he“already hafd] several commitments in the United Statesforthe time ofthe Forum, buthat he otherwise “would have gladly given every ‘consideration to attending such an important event."Graff forwarded the leter to another executive assistant atthe Trump Organization with instructionstoprint thedocumenton letterhead for Trump to sign. At approximately the same time thatthe leter was being prepared, Robert Foresman—a New York-based investment banker—began reaching out to Graff to secure an in-person meeting with candidate Trump. According to Foresman, he had been asked by Anton Kobyakov,a Russian presidential ide involved with the Roscongress Foundation, o see if Trump could speak atthe Forum." Foresman first emailed Graff on March 31, 2016, following a phone introduction brokered through Trump business associate Mark Burnet (who produced the television show The Apprentice). In his email, Foresman referenced his long-standing personal and professional ‘expertise in Russia and Ukraine,his work setting up an early “private channel”between Vladimir Putin and former U.S.President George W, Bush,and an “approach” he had received from “senior Kremlin officials” about the candidate. Foresman asked Graff for a meeting withthe candidate, Corey Lewandowski, or “another relevant person”to diseuss this and other “‘eonerete things” Foresman felt uncomfortable discussing over “unsecure email” On April 4, 2016, Graff forwarded Foresman’s meeting request to Jessica Macchia, another executive assistant to Trump." 1/15/16 Ema, Mira to Graff. °° As explained in Volume and Appendix C, on September 17, 2018, the Office sent written questionstothe President's counsel. On Noverber 20,2018, thePresident provided writen answers to those questions through counsel © Written Responses of Donald J. Trump (Nov. 20, 2018), at 17 (Response to Question IV, Par (@) ("PDJocuments show that Ms. Graff prepared for my signature a brief response declining the invitation”), ©writen Responses ofDonald J. Trump (Nov. 20,2018), at 17 (Responseto Question IV,Part (see also TRUMPORG _16_000134 (unsigned ltr dated March 31, 2016). *®-TRUMPORG_16_000134(unsigned letter) “CTRUMPORG_16000133 (9/31/16 Emuil, Graffto Macchi. 2 Foresman 10/17/18 302, at 3-4 2 See TRUMPORG_16_00136(3/31/16 Final, Foresman to Graff)see also Foresman 10/17/18 302, at 34 © S20 TRUMPORG_16_00136 (4/4/16 Email, Grafto Machi), » USS. Department ofJustice roteeted M a y Worl ‘With no response Forthcoming, Foresman twice sent reminders to Graff—frst on April 26 and again on April 30, 2016.Graff sent an apology to Foresman and forwarded his April 26 email (as well as hisinitial March 2016 email)to Lewandowski." On May 2, 2016, GralT forwarded Foresman's April 30 email—which suggested an alternative meeting with Donald Trump Jr. of Eric Trump so that Foresman could convey to them information that “should be conveyed to [the candidate] personally or [to] someone [the candidate] absolutely trusts”—t0 policy advisor Stephen Miler.” No communicationsor otheevidence obtained by the Offic indicate thatthe Trump ‘Campaignlearned that Foresman was reaching out invite the candidate tothe Forum o thathe Campaign otherwise followed up with Foresman untilafter theelection, when heinteracted with the Transition Team ashe pursued a possible position inthe incoming Administration." When interviewed by the Office, Foresman denied that the specific “approach fom “senior Kremlin ofiials” noted in his March 31, 2016 email was anything other than Kobyakov's invitation to Roseongres. According to Foresman, the “concrete things"he referenced ithe same email were 2 combination ofthe invitation itself, Foresman’s personalperspectives on theinvitation and Russia policyin general, and dels of a Ukraine plan supportedby a US. think tank (EastWest, Institute), Foresman told the Officethat Kobyakov had extendedsimilar invitations through him to another Republican presidentialcandidate and one other politician. Foresman also sad that Kobyakov had asked Foresman to invite Trump to speak aftr that other presidental candidate withdrew fiom the race and the other politician's participation did not work out” Finally, Foresman claimed to have no plans to establish a back channel involving Trump, stating the reference to his involvement in the Bush-Ptin back channel was meant to burish his credentials to the Campaign. Foresman commented that he had not recognized anyofthe experts announced 4s Trump'sforeign policy team in March 2016,and wanted to secure an in-person meeting with the candidat o share his professionalbackground and policy views, inluding that Trump should decline Kobyakov's invitation to speak at the Forum.” 2. Papadopoulos George Papadopoulos was a foreign policy advisor to the Trump Campaign from March 5 See TRUMPORG_16_00137 (4/26/16 Email, Foresman to Graff); TRUMPORG_16_00141 (4/30/16 Email, Foresman to S20 TRUMPORG_16_00139 (4/27/16 Email, Graff to Foresman); TRUMPORG_16_00137 (4/27/16 Email, Graft o Lewandowski). © TRUMPORG_16_00142 (5/216 Email, Graffto. Miller); see also TRUMPORG_16_00143, (2/16 Email, Graffto S_ Milles (forwarding March 2016 emailfrom Foresman). 2! Fogesman’s contacts during the transi period are discussed further in VolumeI, Section IVS,infra 2 Foresman 10/17/18 302,a4 2 Foresman 10/17/18 302,a 8-9, 80 US. Department ofJustice therkPe de t trntcted Contai torn 2016 to carly October 20162 In late April 2016, Papadopouloswas told by London-based professor Joseph Mifsud, immediately after Mifsud's retun from a trip to Moscow, that the Russian government had obtained “dirt” on candidate Clintonin the form ofthousands ofemails. One week later, on May 6, 2016, Papadopoulos suggested to a representative of a foreign ‘governmentthat the Trump Campaign had received indications from the Russian governmentthat it could assist the Campaign through the anonymous release of information that would be «damaging to candidate Clinton, Papadopoulos shared information about Russian “dir” with people outside of the ‘Campaign, and the Office investigated whether he also provided it to a Campaign of Papadopoulosand the Campaign officials with whom he interacted told the Office that they did ‘notrecall that Papadopoulos passed them the information. Throughout the relevantperiod oftime and for several months thereafter, Papadopoulosworked with Mifsud and two Russian nationals to arrange a meeting betweenthe Campaign and the Russian government, That meeting never came to pass. 1 Origins ofCampaign Work In March 2016, Papadopoulosbecame a foreignpolicy advisor to the Trump Campaign. ‘As caly asthe summer of2015, he had sought a role asa policy advisor to the Campaign bt, in 4 September 30,2015 email, he was tld that the Campaign was not hiting poliey advisors." In late 2015, Papadopoulos obtained a pad position onthe campaign of Republicanpresidental candidate Ben Carson.” Although Carson remainedin the presidentialraceuntil erly March 2016, Papadopoulos had stopped actively working for his campaign by early February 2016." At that time, Papadopoulos reached out to a contact at the London Centre of International Law Practice (LCILP), which billed itself 95 a “unique insitition comprising high-level professional internationallaw practitioners, dedicated tothe advancementof globallegal knowledge and the practiceofinternational law.”Papadopoulos said that he had finished his role with the Carson 2 Papadopoulosmetwith our Office for debrefings on several oceasions in the summer and fall (02017,after he was arrested and charged ina sealed criminalcomplaint with making false statements in 8 January 2017 FBinterview about, ner alia the timing, extent, and nature of his interactions and ‘communications with Joseph Mifsud and two Russian nationals: Olga Polonskaya and Ivan Timofeey. Papadopoulos later pleaded guilty, pursuant toa plea agrooment, to an information charging hrm with ‘makingfalse statements tothe FBI, in violation of18 U.S.C. §1001¢), % A Transcript of Donald Trump's Meeting with the Washington Post Bdltrial Board, ‘Washington Post (Mar. 21, 2016) ‘7/15/15 Linkedin Message,Papadopoulos toLewandowski (6:57 am.) 90/15 Email, Glaser to Papadopoulos (7:42:21 am). > Papadopoulos8/10/17 302, at 2. Papadopoulos 8/10/17 302, at 2; 24/16 Email, Papadopoulos to ais, London Centre of Interational Law Practice, athps/www kiporg (via webachive or). 8 USS. DepartmentofJustice FBtientitatenieHbator ‘campaign and asked if LCILP was rng In easly February, Papadopoulos agreedto join LLCILPand arrived in Londontobe work! ‘As he was takinghispositonat LCILP, Papadopouloscontacted Trumpcampaign manager Corey Lewandowski via LinkedIn and emsiled campaign official Michael Glassner about his interest in joining the Trump Campaign-? On March 2, 2016, Papadopoulos sent Glassner another message reiterating hsinterestGlassner passed along word ofPapadopoulos's interest, to another campaign offical, Joy Lutes, who notified Papadopoulos by email that she had been told by Glassnerto introduce Papadopoulos to Sam Clovis,the Trump Campaign's national cochair and chiefpolicyadvisor [Atthe time of Papadopoulos's March 2 email, the media was ertiizing the Truny ‘Campaign forlack ofexperienced foreign policy or national security advisors within its ranks. Toaddres that issue, senior Campaignofficials asked Clovis o put foreign policy teamtogether on short notice" After receiving Papadopoulos’s name from Lutes, Clovis performed a Google search on Papadopoulos, leamed that he had worked atthe Hudson Institue, and believed that he had credibility on energy issues” On March 3, 2016, Clovis arranged to speak with Papadopoulos byphone to discuss Papadopoulosjoiningthe Campaign asa foreign policy advisor, and on March 6,2016, the two spoke." Papadopoulos recalled that Russia was mentioned as & topic, and he understood from the conversation that Russia would be an importantaspect ofthe Campaign's foreign policy.” At the endofthe conversation, Clovis offered Papadopoulosa role 15a foreign policy advisor tothe Campaign, and Papadopoulos acceptedthe offer!” 1b, InitialRussia-Related Contacts Approximately a week after signing on asa foreign policy advisor, Papadopoulostraveled + 2/4/16 Email, Papadopoulos told 4: 2/5/16 Email Kris to Papadopoulos (6:11:25 p.m); 2/6/16 Email, Its to Papadopoulos (63415pm), #6 24/16 Linkedin. Message, Papadopoulos to Lewandowski (1:28 pm); 2/4/16 Email, Papadopoulos to Glasner (2:10:36 pam), “© 3/2/16 Emuil, Papadopoulos to Gassner(11:17.23 am). ‘32/16 Email, Lutes to Papadopoulos (10:08:15 pm. © Clovis 1083/17 302 (1 of2), a4 “Clovis 1083/17 302 (1 of2), a © RI 91601, Lues © Clovis & Papadopoulos (6:05:47 pam ‘36116 Email, Papadopoulos to Clovis (4:24:21pam). © Statement of Offense 4, United States v. George Papadopoulos, 1:17-er-182 (D.DC. Oct. 5, 2017), Doe. 19 Papadopoulos StatementofOffense") “°° papadopotlos8/10/17 302,a2. 2 US, Department ofJustice Proteeted-tinder ork to Rome, Italy, as pat of his duties with LCILP.*”" The purpose ofthe trp was to meetofficials afiiated with Link Campus University, « for-profit institution headed by © former Italian {governmentoffical" Duringte visit, Papadopouloswas introduced to Joseph Mitsu. Mifsud is a Maltese national who worked as a professor at the London Academy of Diplomacyin London, England." Although Mifsud worked outof London and was also afiliated with LCILP, the encounter in Rome was the first time that Papadopoulos met him. Mifsud ‘maintained various Russian contacts while living in London, as described further below. Among a one-time employeeofthe IRA, the entity that caried out his contacts was the Russian social media campaign (see VolumeI Section Il, supra). In January and February 2016, Mifsud and discussed possibly meeting in Russia The investigation didnot Went evidence of them moetng Later,inthe springof 2016 Ren sosaott ik eyefhe Ministry of Defense, and that account had overlapping contacwith a group ofRussian military~ controlled Facebookaccounts thatincluded account sed to promot the DCLeaks releases in the ‘course ofthe GRU’ hack-and-elease operations(see Volume I, Section IB. 1, supra) According to Papadopoulos, Mifsuat fist seemed uninterestedin Papadopoulos when they met in Rome."® After Papadopoulosinformed Mifsud abouthis roe in the Trump Campaign, however, Mifsud appearedto take greater interest in Papadopoulos’? Thetwo discussed Mifsud’s European and Russian contacts and hada general discussion aboutRusia; Mifsud also offered to introduce Papadopoulos. to European leaders and others with contacts to the Russian govermentPapadopoulos told the Officethat Mifsu's claim of substantial connections with Russian governmentofficalinterested Papadopoulos, who thought tat such connections could increasehis importance asa policy advisortthe Trump Campaign” “Papadopoulos 8/10/17 302, at 2-3; Papadopoulos Statement ofOffense 5. * Papadopoulos A/10/17 302, at 2-3; Stephanie Kirchgoessner et al, Joseph Mifud! more questionsthan answers about mystery professor linked to Russia, The Guardian( ‘Campus University is head by a former Italian interiorminister named Vincenzo Scot”) 4 Papadopoulos Statement ofOlen 5. +Papadopoulos 8/10/17 302,a3. TEC Ls “Papadopoulos Statement ofOffense. Papadopoulos StatementofOffense 5. “** Papadopoulos8/10/17 302,a 3; Papadopoulos 8/11/17 302,a2. + Papadopoulos Statement ofOffense. 3 US. DepartmentofJustice -Atiorney-Worle //Protected-Uinder (On March 17, 2016, Papadopoulos retumed to London.® Four days later, candidate ‘Trump publicly named as a member ofthe foreign policy and nationalsecurity advisory team cared by SenatorJeff Sessions, describing Papadopoulos as “an oil and energy consultant” and an “fe}xcellent guy." ‘On March 24, 2016, Papadopoulos met with Mifsud in London Mifsud was accompanied by a Russian female named Olga Polonskaya. Mifsud introduced Polonskaya as a former student ofhis who had connectionsto Vladimir Putin.Papadopoulosunderstoodat the ‘imethaPolonskaya may bave been Putin’s niece but later learned that this was not true." During the meeting, Polonskaya offered to help Papadopoulos establish contacts in Rus ia and stated that the Russian ambassadorin London was friend ofhers:Based on this interaction, Papadopoulos ‘expected Mifsud and Polonskaya to introduce him to the Russian ambassador in London, but that did not ocour:** Following his meeting with Mifsud, Papadopoulos sentan email to members ofthe Trump ‘Campaign’s foreign policy advisory team, ‘The subject line ofthe message was “Meeting with Russian leadership-including Putin."The message stated in pertinent part just finished a very productive lunch with a good fiend of mine, Joseph Mifsud,the director ofthe London Academy of Diplomacy-who introduced me to both Putin’ niece and the Russian Ambassador in London-~who alsoactsasthe Deputy Foreign Minster." ‘The topic ofthe lunch was to arrange a meeting between us and the Russian leadership to discuss U.S.-Russia ties under President Trump. They are keen to host usin a “neutral” city,ordirectly in Moscow. They sad the leadership,including Putin,is ready to meetwith us and Mr, Trump should there be interest. Waiting for everyone's thoughts on moving forward with thisvery important issue" "© Papadopoulos 8/10/17 302,a2 © phillip Rucker & Robert Costa, Trump Questions Neadfr NATO, Outlines Noninterventionist Forelgn Polley, Washington Post (Mar. 21,2016). 2 Papadopoulos 8/10/17 302, at 3; 3/24/16 Test Messages, MifSud& Papadopoulos. "Papadopoulos 8/10/17 302, a3 ‘° Papadopoulos 8/10/17 302, at 3; Papadopoulos 2/10/17 302, at 2-3; Papadopoulos Internet Search History (3/24/16) (revealing late-morning and early-aNernoon searches on March 24, 2016 for putin’ snice,"*olga putin,” and “russianpresident niece olga," amongober tem). * Papadopoulos 8/1017 302, a3 © Papadopoulos Statement ofOfense8.1 © 324/16 Email, Papadopoulos to Page etal (8:48:21 am), ‘©papadopouloss statements tothe Campsign were false. As noted above,the woman he metwas not Putin's nee, he ad not met the Russian Ambassador in London, and the Ambassador didnot also serve as Russia's Deputy Foreign Minister. © 3/24/16 Email, Papadopoulos to Page etal. (8:48:21 am). Pn US. Department ofJustice Worle / Protected Papadopouilos's message eame attime when Clovis peresived a shift in the Campaign'sapproach CCovis's response to Papadopoulos, however, did not reflect that shift. Replying to Papadopoulos and the other members ofthe foreign policy advisory team eopied on the initial email, Clovis wrote: “Thisis most informative. Let me work it through the campaign. No commitments ntil we see how this plays out. My thoughtis that we probably should not go forward with any meetings with the Russiansuntil we have had oc asion to sit with our NATO allies, especially France, Germany and Great Britain, We need to reassure our allies that we are notgoing to advance anything with Russia until we have everyone on the same page, More thoughts later today. Great work March 31 Foreign Policy Team Meeting The Campaign held a meeting ofthe foreign policy advisory team with Senator Sessions and candidate Trump approximately one week later, on March 31, 2016,in Washington, D.C. ‘The meeting—which was intended to generate press coverage forthe Campaign®"—took place at the Trump International HotelPapadopoulos lew to Washington forthe event. Atthemeeting, Senator Sessions sat at one end ofan oval table, while Trump sat attheother. As reflected inthe photographbelow (which was posted to Trump'sInstagram account), Papadopoulossat between the two,two seats fo Sessions’ lef: 142016 FCPapp54am) Papadopoulos 8/10/17 302, at 4; Papadopoulos 8/11/17 302,at 3. + ple7 85 March31, 2016 Meng of origPale Team. wth Papadopalr (Forthrom RptofCane Trp) During the meeting, cach of the newly announced foreign policy advisors introduced themselves and briefly described their areas ofexperience or expertise®* Papadopoulos spoke abouthis previous work inthe energy sector and then broughtup a potential meeting with Russian officialsSpecifically, Papadopoulostold thegroup that he had learned through his eontats in London that Putin wanted to meet with candidate Trump and that theseconnections could help arrange that meeting” ‘Trumpand Sessions both reacted to Papadopoulos's statement. Papadopoulos and Campaign advisor J.D. Gordon—who told investigators in an interview that he had a “erystal clear” recollection ofthe meeting —have stated that Trump was interested in and receptive to the ‘dea of a mecting with Putin" Papadopoulos understood Sessions tobe similarly supportive of his efforts to arrange a meeting.” Gordon and two other attendees, however, reall that Sessions ‘generally opposed the proposal, though they differintheir accountsofthe concernshe voieed or the strength ofthe opposition he expressed.‘ 4. George Papadopoulos Learns That Russia Has “Dirt”in the Form of Clinton Emails Whatever Sessions's precise words at the March 31 meeting, Papadopoulosdid not ‘understand Sessions ot anyone else inthe Trump Campaign to have directed that he reftain from “Papadopoulos8/10/17 302,a4 ‘© Papadopoulos8/10/17 302, at 4 © Papadopoulos Statement ofOffense 9; see Gordon 829/17 302 at 14; Carafano 9/12/17 302, at 2; Hoskins9714/17 302,at © Papadopoulos 8/10/17 302, at 45; Gordon 9/717 302 4-5 ‘©Papadopoulos 8/10/17 302,a S; Papadopoulos8/11/17 302, at 3. ©Sessions 1/17/18 302,at 17; Gordon 9/7/17 302, at 5; Hoskins 914/17 302, at Ccarafano 971217 302, st 2. 86 US. Department ofJustice Worl MayProtected raking further efforts to arrange a meeting between the Campaign and the Russian government. To the contrary, Papadopoulos told the Office that he understoodthe Campaign to be supportive of his efforts to arrange such a meeting"! Accordingly, when he returned to London, Papadopoulos resumed those efforts“ ‘ThroughoutApril 2016, Papadopoulos continued to corespond with, meet with, and seek Russia contacts through Mifsud and,at times, Polonskaya.For example,within a week ofher intial March 24 meeting him, Polonskaya attempted to send Papadopoulosa text message— which email exchanges show to have been drafted or edited by Mifsud—addressing Papadopoulos's “wish to engage with the Russian Federation.”When Papadopoulos leamed from Mifsud that Polonskaya had tried to message him, he sent her an email seeking another ‘meeting.Polonskaya responded the next day that she was “back in St.Petersburg” but “would be very pleased to support [Papadopoulos's} initiatives between our two countries” and “to meet [him] again™** Papadopoulos stated in reply that he thought "a good step” would be to introduce him to “the Russian Ambassadorin London,” and that he would like to talk to the ambassador, “or anyone else you recommend,about a potential foreign poicytip to Russia.™"” Mifsud, who had been copied ontheemail exchanges,replied onthe morning ofApril 11, 2016, He wrote, “This is already been agreed. I am flying to Moscow on the 18th for 8 Valdai meeting, pls other meetingsatthe Duma, We will alk tomorrow.’Thetwo bodies referenced by Mifsud ae partofor associated withthe Russian government: the Duma isa Russianlegislative assembly,while “Valda”referstothe Valdai Discussion Club,a Moscow-based group that “is, close to Russia's foreign-policy establishment."Papadopoulos thanked Mifsud andsid that he ‘would sce him tomorrow." For her part, Polonskaya responded that she had “already alerted my personal links to our conversation and your request,” that “we are al very excited the possibilty ofa goodrelationship with Me. Trump,”and that “(the Russian Federation would love to weleome him once his candidature would beoffically announced."® Papadopoulos B/10/17 302, at 45; Papadopoulos 8/11/17 302, at 3; Papadopoulos 920/17 302, Papadopoulos Statement ofOffense § 10, © Papadopoulos Statementof Offense 10-15, “3/29/16 Emails, Mifsudto Polonskaya(3:39 am. and 5:36 am). “4/10/16 Email, Papadopoulos to Polonskaya(2:45:59 pm). “© 4/11/16 all, Plonskaya to Papadopoulos (3:11:24 am). © 4/1116 Email, Papadopoulos to Plonskaya (9:21:56 am). “4/11/16 Email, Mifsud to Papadopoulos (11:43:53), + Papadopoulos Statement of Offense 4 10), Anton Troianovski, Putin Ally Warns ofArms Race as Russia Considers Response to US. ‘Nuclear Stance, Washington Pest (Feb. 10,2018) ‘1 4/11/16 Ema, Papadopoulos to Mifsud (11:51:53 am). ‘1 4712/16 Email, Polonskayato Papadopoulos(4:47:06 am). 87 a2, US. Department of Justice eeee Papadopoulos’s and Mifsud’s mentions of seeing each other “tomorrow” referenced a ‘meeting thatthe two had scheduled for the next morning, April 12, 2016,at the Andaz Hotelin London. Papadopoulos acknowledged the meeting during interviews with the Office,and records from Papadopoulos's UKcellphone and his interne-scarch history all indicatethat the ‘meetingtook place.* Following the meeting, Mifsud traveled as planned to Moseow** On April 18, 2016, ‘while in Russia, Mifsud introduced Papadopoulos overemailto Ivan Timofeev, a member ofthe Russian Intemational Affairs Council (RIAC).** Mifsud had described Timofeev as having ‘connections with the Russian Ministry ofForeign Affairs (MEA), "the executiveentity in Russia responsible for Russian foreign relations Over the next several weeks, Papadopoulosand ‘Timofeev had multiple conversations over Skype and emailabout setting “the groundwork” for a “potential” meeting between the Campaign and Russian governmentofficals." Papadopoulos told the Office that,on one Skype cal,he believed that his conversation with Timofeev was being ‘monitored orsupervised by an unknovinthied party, beeause Timofeev spoke in an official manner ‘and Papadopoulos heard odd noises onthe line.*”Timofeevalso told Papadopoulos in an April 25,2016 email thathehad just spoken “to Igor Ivanov] the President ofRIAC and former Foreign “Minister ofRussia,”and conveyed Ivanov'sadvice about how bestto arrange a“Moscow visit"*" After a stop in Rome, Mifsud returned to England on April 25, 20164 The nextday, Papadopoulos met Mifsud for breakfast at the Andaz Hotel (the same location as theit last = Papadopnlo 919717 302, 7 Email, Mifsud to Papadopoulos(5:44:39 a.m.) (forwarding Libya-related document); 41216 “4/12/16 Eo, Mid to Popaopoulos &"ane Ohid htel (1028.20 amysee), Papadopodtos leetMessage, Search History Misi Test 4/6 verpoa for (rh pan) 10:8649 11,2016 (pe {Papadopoulos ©Se, 4/8/16 Email, Miu to Papadopoulos (29454 am) “©papadapoulos 8/1017 302, ©Papadopoulos Sateenof Offense 1 sever MFA LinkedinwithwithDmitry connectedbsoverconscsed Papadopoulos pviod, “During the campaign afiindividtn addon to Tiofer™ On Api 2,206 Ande, publici sa ist Secretary tthe Rust mbain lan, IndyWith206,Alexey be cometwk Kreis, and Washington a Embasy Ruslan forte spespesen te Mant, Truly publicly denied a a eunvclor wih te MFA. And on September 16,2016, he connected wth Sxl Hite m= MEA etSe pte Omenrr * Papadopoulos Statement ofOffense {11 ‘ popadopoulosB/L/7 302,a ; Papadopoulos 9/19/17 30, at 10, “1 4725/16 Email, Timofeev to Papadopoulos(8:16:35am). ‘472/16 Email, Mifsud to Papadopoulos (12:41:01 am). 88 USS. DepartmentofJustice Work/Protected mecting).® During that meeting, Mifsud told Papadopoulos that he had met with high-level Russian governmentofficials during his recent to Moscow. Mifsud also said that, onthe trip, he learned thatthe Russians had obtained “dir” on candidate Hillary Clinton. As Papadopoulos later stated to the FBI, Mifsud thatthe “drt” was in the form of"emailsofClinton,” and that they “have thousands of emails.“ On May 6, 2016, 10 daysaterthat meeting with Mifsud, Papadopoulos suggested toa representative ofa foreign governmentthat the Trump Campaign had received indications from the Russian government that it could asist the Campaign through the ‘anonymous release ofinformationthat would be damaging to Hillary Clinton. @ RussiaRelated Communications With The Campaign ‘While he wasdiscussing with hisforeign contactsa potential mecting ofcampaign officials government officials, Papadopoulos kept campaign officials apprised ofhiseffort. Russian ‘with ‘On April 25,2016, the day before Mifsudtold Papadopoulosabout the emails, Papadopouloswrote to senior policy advisor Stephen Miller that “[tJhe Russian government has an open invitation by Putin for Me. Trump to meet him when heis ready,”and that [ihe advantage of being in London. is that these governments tend to speak a bit more openly in ‘neural’ cities."On April 27,2016, after his meeting with Mifsud, Papadopoulos wrote a second message to Millerstating that “some interesting messages [were] comingin from Moscow abouta trip when the time is right."The same day, Papadopoulos sent a similar email to campaign manager Corey Lewandowski, telling Lewandowski that Papadopoulos had “beenreceivingalotof calls overthelast month about Putin ‘wanting to host [Trump] and the team when the time is right. Papadopoulos's Russia-elated communications with Campaign officials continued throughout the spring and summer of2016. On May 4, 2016, he forwarded to Lewandowski an email from Timofeev raising the possibility of a meeting in Moscow, asking Lewandowski Whether that was “something we want to move forward with." The next day, Papadopoulos forwarded the same Timofeev email Sam Clovis, adding to the top of the email "Russia update." He included the same email in « May 21, 2016 message to senior Campaign official Paul Manafort, under the subject ine “Request from Russia to meet Mr. Trump,” stating that “Russia has beeneagerto meet Mr. Trump for quite sometime and have been reaching out to me Papadopoulos Statement ofOffense 4; 4/25/16 Text Messages, Mifsud & Papadopoulos, Papadopoulos Statement ofOffense 14 “This information is containedin the FBIcase-opening documentand related materials, Fhe (RI 71816 st, Page 10 Dah & Gordon, 01 U.S. DepartmentofJustice eet brt hele Man d, Later Campaign Work and Removalfrom the Campaign In July 2016, after returning from Russia, Page traveled to the Republican National Convention Cleveland.®® While there, Page met Russian Ambassador to the United States ‘Sergey Kislyak; that interactionis described in Volume I, Section IV.A.6a, infra.Page later ‘emailed Campaign officialswith feedback hesaid he received from ambassadors he had met atthe ‘Convention, and he wrote that Ambassador Kislyak was very worried about candidate Clinton's world views: Following the Convention,Page's trip to Moscow and his advocecyfor pro-Russia foreign drew policy the media's attention and began to generate substantialpresscoverage. The Campaign responded by distancing itself from Page, describing him as an “informalforeign policy advisor” ‘who did “not speak for Mr. Trump orthe campaign." On September 23, 2016, Yahoo! News reported that U.S. intelligence officials were investigating whether Page had opened private ‘communications with senior Russian officals to discuss U.S, sanctions policy under a possible ‘Trump Administation."* A Campaign spokesman told Yahoo! News that Page had “norole” in the Campaign and that the Campaign was “not awareofany ofhis activities, pastorpresen.” ‘On September 24, 2016, Page was formally removedfrom the Campaign." Although Page had been removed from the Campaign, after the election he sought a position in the Trump Administration." On November 14, 2016, he submited an application to ‘the Transition Team that inflated his credentials and experiences, stating thatin his eapacity as a ‘Trump Campaign foreign policy advisor he had met with “top world leaders” and “effectively 8 page 3/10/17 302,at 4 Page 3/16/17 302,a3. % Page 3/10/17 302,at 4 Page 3/16/17 302, a3. E1236 eoPoe 6 Covi 712516 Email, Page to Gordon Sete ©See, eg, Sven Mufion & Tom Hamburger, Trump Advisor's Public Comments, Ties to Moscow Str Uneatein Boh Parties, Washington Post (Aug. 5, 2016), % Michael IsikofT, U.S ntl Offeials Probe Tes BetweenTrump Adviser andKremlin, Yahoo! News (Sept. 23, 2016. % Michael Isikof, U.S. Intel Ofeats Probe Tes Benween Trump Adviser and Kremlin, Yahoo! [News(Sept. 23, 2016}; see alo 9/25/16 Email, Hicks toConway & Bannon (instructingtha inquiriesabout Page should be answered with “ble was announced as an informaladviser in March. Sincethen he has ‘had norole officialcontactwiththe campaign. Wehave no knowledge ofactivites pastor present and ‘he now officially has been removed from al lisse") © page 3/16/17 302, 2; se, eg, 9723/16 Ema, Miler to Bannon & 8, Miler (sessing planto eave Page rom he amps. _— 6 102 US. Department ofJustice orl MayProtected-Uinder responded to diplomatic outreach efforts ftom senior government officials in Asia, Europe,the Middle East, Africa, [and] the Americas."Page received no responsefrom the Transition Team. ‘When Page took a personal trip to Moscow in December 2016, he met again with at least one Russian goveramentofficial, That interaction and a discussionofthe December trip are setforth 1V.B.6,infra in Volume I, Sestion 4. Dimi simes (Centerforthe NationalInter Members ofthe Trump Campaign interacted on several occasions with the Centerforthe [NationalInterest (CND),principally through its President and Chiet Executive Officer, Dimitri Simes, CNI isa think tank with expertise in and connectionsto the Russian government. Simes was bor in the former Soviet Unionand immigrated tothe United Statesin the 1970s, In April 2016,candidate Trump deliveredhis frst speech on foreign policy and national security at an event hosted bythe National Interest, publication affiliated with CNI. Then-Senator Jeff Sessions and Russian Ambassador Kislyak bothattended the event and, as a result, it gained some attention in relation to Sessions’s confimation hearings to become Attorney General. Sessions had various other contacts with CNI during the campaign period on foreign-policy matters, including Russia Jared Kushner also interacted with Simes about Russian issues during the campaign. The investigation did not identify evidence thatthe Campaign passed orreceived any messages to or fromthe Russian government through CNI or Simes. ‘4. CF andDimitri Simes Connect with the Trump Campaign CNT is a Washington-based non-profit organization that grew out ofa center founded by former President Richard Nixon.CNI describesitself as a voice forstrategicrealism in U.S. foreign policy,”and publishes a bi-monthly foreign policy magazine, the NationalInterest:** CNL is overseen by a board ofdirectors and an advisory councilthat is largely honorary and whose members atthe relevant time included Sessions, whoserved asan advisor to candidate Trump on nationalsecurity and foreign policy issues. Dimitri Simes is president and CEO of CNI and the publisher and CEO of the National InterestSines was bom in theformer Soviet Union,emigrated to the United States inthe early 1970s,and joined CNI’s predecessorafter working atthe Carnegie Endowment for International “ranstion Online Forms.” 114/16 Ses 3/8/18 302, at 1-2 * About the Center, CNI, available abtp. ory/about! 2% Advisory Counsel, CNI, available at itpsiwebachive ong/web/20161030025331/ Intp/etongaboutadvisory-council; Simes 3/8/18 302, at 3-4; Saunders 2/15/18 302, at 4; Sessions itis 302, a 16. © simes 3/8/18 302, 2. 103 US. Department ofJustice herent(May: Breteted Peace.” Simes personally has many contacts with current and former Russian government officalsas does CNI colleetively, As CNI stated when secking a grant from the Carnegie Corporation in 2015, CNI has “unparalleled access to Russian officials and politicians among Washingtonthink tanks,"in part because CNI hasarranged for US. delegations to visit Russia and for Russian delegations to vist the United States as part of so-alled “Track I” diplomatic efforts ‘On March 14,2016, CNIboard member Richard Plepler organized a luncheon for CNL and its honorary chairman, Henry Kissinger, atthe Time Warner Building in New York Te idea ‘behindthe event was to generate intrest n CNI’s workand recruitnew board members for CNL? ‘Along with Simes, attendeesat the event included Jared Kushner, son-in-law of candidate ‘Tramp.Kushner told the Officethat the event came at a time when the Trump Campaign was ‘having trouble securing support from experienced foreign policy professionals andthat, as result, Ihe decided to seek Simes'sassistance during the March 14 event Simes and Kushner spoke again on a March 24, 2016telephone ealthree days afer “Trump had publicly named thetam offoreign policy advisors that had been puttogether on short notice On March 31, 2016, Simes and Kushner had an in-person, one-on-one meeting in Kushner’s New York office.” During that meeting, Simestold Kushner that the best way to handle foreign-poliy issues forthe Trump Campaign would beto organize an advisory group of experts to meet with candidate Trump and develop a foreign policy approach that was consistent ‘with Trump's vice Simes believed that Kushner was receptive to that suggestion ®” Simos also had contact with other individuals associated with the Trump Campaign regarding the Campaign's forcignpolicy positions. For example, on June 17, 2016, Simes sent LED. Gordon an email with “memo to Senator Sessions that we discussed at ourrecent meeting” 7 Simes 3/8/18 30, at 1-2; Simes 3/27/18 302,at 19, 2 Simes 3/27/18 302, at 1045, C0001 1656(Rethinking U.S -Rusia Relations, CNI (Apr. 18,2015). © Sims 3/8/18 302,tS; Sanders 2/15/18 302, st 29-30; Zakeim 125/18 302, at 3. © simes 3/8/18 302,at 6; €00006784 (311/16 Email, Gilbrideto Saunders (3:43:12 pam) of Zakieim 1/25/18 302, a 1 (Kissinger was CNI's “Honorary Chairman ofthe Board”); Boyd 1/2418 302, ‘at 2 , Sanders 2/15/18302, at5 ‘8 Simes 3/8/18 302,at $6; Simes 3/27/18 302,a2 ' Simes 3/8/18 302at 6; Kushner 4/11/18 302 a2 © Kushner 4/11/18 302, a2. 1 Simes 3/8/18 302 t 7. (*EI << Votre 1, Section V.A.2,supra ' Simes 3/8/18 302at 79. 1 Simes 3/8/18 302 78 ' Simes 3/818 302, at 8;see also Boyd 1/24/18 302, a2 104 USS. DepartmentofJustice Work Mey-Contain roteeted-Linder and asked Gordon to bothread it and share itwith Sessions. The memorandum proposed building ‘small and carefully selected group ofexperts" t assist Sessions withthe Campaign,operating Under the assumption “that Hillary Clinton is very vulnerable on national security and foreign policy issues,” The memorandum outlined key issues for the Campaign,including a “new beginning with Russia." b. NationalInterest Hosts a Foreign Policy Speech atthe Mayflower Hotel During both their March 24 phonecall and their March 31in-person meeting, Simes and Kushner discussed the possibilty of CNI hosting foreign policy speech by candidate Trump.*"" Following those conversations, Simes agreed that he and others associated with CNI would provide behind-the-scenes input on the substance of the foreign-policy speech and that CNI ‘officials would coordinate the logistics of the speech with Sessions and his staff, including Sessions’s chief of staff, Rick Dearborn"? In mid-April 2016, Kushner putSimesin contactwith senior policy advisor Stephen Miller and forwarded to Simes an outlineoftheforeign-policy speech that Millehad prepared.Simes sent back to the Campaign bulletpoints with ideas forthe speech that he had drafted with CNT [Executive Director Paul Saunders and board member Richard Burt." Simes received subsequent draft outlines from Miller, and he and Saunders spoke to Miller by phone about substantive changes tothe speech." Te is not clear, however, whether CNI officials received an actualdrat ‘of the speech for comment; while Saunders recalled having received an actual draft, Simes did not, ‘nd the emails that CNI produced to this Office do not contain such a draft! “Afterboard members expressed concen to Simes that CNI'shosting the speech could be perceived as an endorsementofa particular candidate, CNI decided to haveits publication,the ‘National Interest, serve as the host and to have the event at the National Press Club.” Kushner later requested that the event be moved to the Mayflower Hotel, which was another venue that ‘Simes had mentioned during initialdiscussions withthe Campaign,inorderto adress concerns ‘boutsecurity and capacity" {€00008187 (6/17/16 Email, Simes to Gordon 3:35:45pm.) "8 Simes 3/8/18 302,a7 2 Simes 3/18 302, at8-11; C00008923 (4/6/16 Email, Sime to Burt (2:22:28pm); Burt 29/18, 302, a7, © 90008551 (4/17/16 Email, Kushner to Simes (2:4425 p.m); €000067S9 (4/14/16 Email ‘Kushner to Simes & 8, Miller(12:30 pm.) © Bure 2/9/18 302, at 7; Saunders 2/15/18 302, ot 7-8 © Simes 3/8/18 302, at 13; Saunders 2/15/18 302, a 7-8 Sims 3/8/18 302, at 13; Saunders 2/15/18 302, a 7-8 * Saunders 2/15/18 302,a ; Simes 38/18 302, at 12; C00003834-43 (4/22/16 Email, Simes to Baydetal. (8:47 am. * Simes 3/8/18 302at 12,18; Saunders 2/15/18 302, at11 10s USS. DepartmentofJustice WorkMay-Contsin- Protected-tinder ‘On April 25, 2016, Saunders booked event rooms athe Mayflowerto host both the speech and a VIP reception that was to be held beforehand" Saunders understood thatthe reception— at which invitees would have the chance to mest candidate Trump—would be a small event ‘Saundersdecided who would attend by lookinga thelistofCNIs invitees to the speechitselfand then choosing a subset forthe receptionCNTs inviteesto the reception included Sessions and Kislyak® The week before the speech Simes hadinformed Kislyak that he would be invited to the speech,and that he would have the opportunity to meet Trump. ‘When the presspeech reception began on April 27, receiving line was quickly organized so that atendeescul meet TrumpSessions stood next o Trumpto intoduce him tothe members of Congress who were in attendance:After those members had been introduced, Simes stood next to Trump and introduced him to the CNI invitees in attendance, inckuding, Kislyak-" Simes perosivedthe introduction to be positive and friendly,but thought clear that Kislyak and Trumphad just met forthe first time.” Kislyak also met Kushner during the pre= speech reception. ‘The two shook hands and chatted for a minute or two, during which Kushner recalled Kislyak saying, like what yourcandidate is saying... t's refteshing "©" Several public reportsstate that, in additionto speaking to Kushner atthe pre-speech reception, Kislyak also met of conversed with Sessions at that time.® Sessions stated to investigators, however, that he didnot remember any such conversation ® Nor did anyoneelse aliliated with CNIor the National Interest specifically recall a conversation or meeting between Sessionsand Kislyak atthe prespeech reception" Tt appears that, ifconversation oecurred at the prespeech reception, it was a brieone conducted in public view, similar to the exchange ‘between Kushner and Kislyak. © Saunders 2/15/18 302 t 11-12; C00006651-S7 (Mayflower Group Sales Agreement). Saunders 215/18 302at 12-13, Saunders 215/18 302at 12, 2 00002575 (AttendeeList); C00008S36(4/25/16 Email, Simes to Kushner (4:53:45pam). © Simes 3/8/18 302, at 19-20. © Simes 3/8/18 302, 21 ‘ Simes 3/8/18 302, 21 ° Simes 3/8/18 302, 21, © Sims 3/8/18 302, 21 Kushner 4/11/18 302,a © Se, eg, Ken Dilanian, Did Tramp, Kushner, Sessions Have an Undisclased Meeting With ‘Russian?, NBC News(June 1, 2016);Julia LT, Why Did JefSessions Really Meet With Sergey Kshyak ‘The Allantic (lune 13,2017). ("Sessions 1/17/18 302, at22. © Simes 3/8/18 302, a 21; Saunders 2/15/18 302, at 14,21; Boyd 1/2418 302, at 3-4; Heilbrunn 2/8 302, at 6; Statement Regarding Presiden! Trump's April 27, 2016 Foreign Polley Speech at the (Centerforthe National Interest, CNI(Mar. 8, 2017, 106 USS. DepartmentofJustice Work://Protected ‘The Office found no evidence that Kislyak conversed with either Trump or Sessions after ‘the speech, of would have had the opportunity to do so. Simes,forexample,didnot recall seeing Kislyak at the postspeech luncheon,“ and the only witness who accounted for Sessions's ‘whereabouts stated that Sessions may have spoken to the press afterthe event but then departed or CapitolHillSaunders recalled, based in parton a food-related request he received from a ‘Campaign stafT member,that Trump left the hotel a few minutes after the speech to go to the airport 6. JeffSessions's Post-Speech Interactions with CNT Inthe wakeofSessions'sconfirmation hearingsas Attomey General, questionsaroseabout ‘whether Sessions's campaign-period interactions with CNI apart from the Mayflower speech included any additional meetings with Ambassador Kislyak orinvolved Russian-telated matters. With respectto Kislyak contacts, on May 23, 2016, Sessions attended CIs Distinguished Service Award dinner atthe Four Seasons Hotelin Washington, D.C." Sessions attended a pre-dinner reception and was seated at one oftwo head tablesforthe event seating chart prepared by Saunders indicates that Sessionswas scheduled tobe seated next to Kislyak, who appears to have responded tothe invitation byindicating he would attend the event” Sessions, however, didnot remember seeing, speaking with,or sitting next to Kislyak atthe dinner.Although CNI board member Charles Boyd said he may have een Kislyak atthe dinnerSimes, Saunders, and Jacob Heilbrun—editorofthe National Inmerest—all had no recollection ofseeing Kislyak atthe May 23 eventKislyak also does not appear in anyof the photos from the event thatthe Office obtained. In the summer of 2016, CNI organized at least two dinners in Washington, D.C. for ‘Sessions to meet with experienced foreign policy professionals." The dinners included CNIaffiliated individuals, such as Richard Burt and Zalmay Khalilzad, a former U.S. ambassador to ‘Afghanistan and Iraq and the person who had introduced Trump before the April 27,2016 foreign= © Simes 3/8/18 302, a 22; Hellbrunn 2/1/18302, at 7 © Lust 130/18 302,a4 © Saunders 2/15/18 302, at 15, ‘©Sossions 1/17/18 302, t 22;Saunders 2/15/18 302, at 17. '* Saunders 215/18 302, at 17; C00004779-80(5/23/16 Email, Cantelmoto Saunders & Hagberg (9:30:12 am} €00004362 (5/23/16 Email, Buman to Cantelmo et al. (2:02:32 a.m). ©" Con004362 (923/16Email Bauman to Cantelm etal, (2:02:32 am), © Sessions 1/1718 302 22. © Boyd 1/24/18 302, a4 © Sims 3/8/18 302, a 23;Saunders 215/18302at 18; Hllbrunn 2/1/18 302,a7. soa Sines 188300 a1; Sader 2751830218 Bo2830, 910Kaen 198 302, tS 107 U.S. Department ofJustice WorleMayProtected-binder policy speechKhalilzad also met with Sessions one-on-one separately from the dinners.At the dinners and in the meetings,the participants addressed U.S. relations with Russia,including how U.S. relations with NATO and European countries affected U.S. policy toward RussiaBut the discussions were not exclusively focused on Russia.** Khalilzad, for example, recalled discussing “nation-building” and violent extremism with Sessions.In addition, Sessions asked ‘Saunders(ofCNIto deal two memoranda not specific to Russia: oneon Hillary Clinton’ foreign policy shortcomingsand another on Egypt.” 4. JaredKushner's Continuing Contacts with Simes Between the April 2016 speech at the Mayflower Hoteland the presidential election, Jared Kushner had periodic contacts with Simes.*Those contacts consisted of both in-person meetings ‘and phone conversations, which concerned how to address issues relating to Russia in the Campaign and hovs to move forward withthe advisory group offoreign policy experts that Simes had proposed* Simes recalled that he, not Kushner, initiated all conversations about Russia,and that Kushner never asked him to set up back-channel conversations with Russians.According to Simes, after the Mayflowerspeech in late April, Simes raised theissue ofRussian contacts with ‘Kushner,advised that t was bad optics forthe Campaign to develop hidden Russian contacts, and {old Kushner both that the Campaign should not highlight Russia as an issue and should handle any contacts with Russians with eare.®"" Kushner generally provided a similar account of his interactions with Simes:* Among the Kushner-Simes meetings was one eld on August 17,2016,at Simes’s request, in Kushner's New York office, ‘The meeting was to address foreign policy advice that CNI was providing and how to respond to the Clinton Campaign's Russi-rlated attacks on candidate © ut 209/18 302,a 9-10; Khlilzad 1/9/18 302,a 1-2, 5. © Khalitad 19/18 302,at56 Sims 3/8/18 302, at 31; Burt 29/18 302,a 9-10; Khalilad 1/9/18 302,a ©Saunders 215/18 302, 20. Khalilzad L918 302, a6. °° Saunders 2/18/18 302, at 19-20, Simes 3/8/18 302, t 27. ° Sims 3/8/18 302, at 27. ' Simes 3/8/18 302, t 27. ‘1 Simes 38/18 302, at27. Duringthis period oftime, the Campaign received a requestfor a high offical to moot with an officer at a Russian state-owned bank “to discuss an offer [that Campaign level ‘olficr] claims to be carrying from President Putin to meet with” candidate Trump. NOSCOOO0S6S3 (G/17/16 Email, Dearborn to Kushner (8:12 am), CopyingManafort and Gates, Kushner responded,“Pass ‘onthis. A lotofpeople comeclaiming to carry messages. Very few ae able to verify. For now thnk we NosC00000030-42 (6/8/16 Email, Trump J. to Kushner & Manafor); DITIROOSSS (6/16 nail, Trump Jt. t9 Kushner & Manafor). ™" NOSC0000004 (6/8/16 Email, Kushner to Vargas) 68/16 Em, Manafort to Tramp J. % Gates 1/30/18 302, at 7; Gates 3/1/18 302, a3-4. Although the March 1302 refers to “June 19° that i likely a typographical ero; external emails indicate that « meeting with those participants ‘ovcurred on June 6, SeeNOSCO0023603 (6/6/16 Email, Gate to Trump Je. eta) ™ Gates 1/30/18 302, at 7. Aras Agalaroy is originally fom Azetbaljan and public reporting indicates that his company, the Crocus Group, has done substantial work in Kyrgyzstan. See Neil MacFargubar, A Russian Developer Helps Out the Kremlin on Occasion. Was He a Condult to Trump?, New Yark Times ly 16,2017), 7% Gates 3/1/18 302, at 3-4 Hicks 127717 302,at, 7 Kushner 4/11/18 302,a8. > Cohen 8/7/18 302, 46 7 Cohen 8/7/18 302 45 > Cohen 9/12/18 302, at15-16 us US. Department ofJustice Work Broteted-tinder emails or the upcoming meeting.”" Similarly, nether Manafort nor Kushner recalled anyone informing candidate Trumpofthe meeting, including Trump J."® President Trump has stated to this Office, in written answers fo questions, that he has “no recollection ofleaning atthe time” that his son, Manafort, or “Kushner was considering participating in a meeting in June 2016 ‘concerning potentially negativeinformation about Hillary Clinton.””” ‘b. The Events ofJune 9, 2016 1. Arrangementsforthe Meeting vas in New York on June 9,2016, forappellate proceedings inthe Prevezon civ ote gation’ That day Vesclnskaya called Rita Anes , 4 Soviet-born US. ‘von she learnedthat he wasin New Vork, invited him toiyar nck Sottiethtnett te Octa hhaworked on ses reaing tthe Magis [Act and had worked on the Prevezon litigatio.""" Kayeladze and Anatoli Samochornov, & ™ Imeriew of Donald Trump, Jr, Senate Juiieiary Commitee, 115th Cong, 28-29,84,94-95. (Sept. 7, 2017), TheSenate udiciary Comite interview was not underoathbu Trump Ir, was advised thatitisviolationoF18 U.S.C. § 1001 tomake materially falsestatements inacongressional investigation. Hw10-11 7 Manafort 9/1/18 302, a 3-4; Kushner 4/1/18 302, t 10. + Writen Responses ofDonal J Trump (Nov. 20,2018),a 8 (Response to Question 1, Parts (a)(©). We considered whetherone sequence ofevents suggestedthacandidate Trumphad contemporaneous knowledge ofthelane 9 meeting. On June 7, 2016 Trumpannouncedhs intention tgive"a major speech” “probably Monday of next wesk"—which would have been June 3—about “all ofthe things that have taken place with the Clintons.” See,Philip Bump, Whar we know about the Tramp Tower meeting, ‘Washington Post(Aug. 7, 2018). Followingthe June 9 meeting, Trump changed thesubjectofhis planned speech io nationalsecurity. But the Officedid nt find evidence thatthe original idea fr thespeech was connected tothe antieipated June 9 meeting or thatthe change oftopic wasatebutabe to the failure ofthat ‘meeting to produce concreteevidence aboutClinton Other event,such as the Pulse nightclub shooting ‘on June 12, could well have caused the change. The President's written answers to our questions tate that the speechfocus was altored “if ight of” the Pulse nightclub shooting. See Weiten Responses, supra, ‘As fortheoriginal topicoftheJane13 speech,Trump hassaidthat“he expected togivespeech referencing the publicly avalabe, negativeinformation about the Clintons,”and thatthe draft ofthe speech prepared ‘by Campaign staff“was based on publilyavailable material, inluding, in particular, information from the ‘book Clinzon Cash by Peter Schweizer.” Writen Responses, supra, In a ater Jane 22 speech, Trump did speak extensively aboutallegations that Clinton was corrupt, drawing from the Clinton Cash book, See Ful Transeript: Donald TrumpNYC Speech on Stakesofthe Eletion,poitio.com (June22, 2016). ™ Testimony ofNatalia Vesenitskaya Before the Senate Committe on Judiciary (Nov. 20,2017) ‘at 41,42; Alison Frankel, How DidRussian Lawyer Veselitskaya Getinto US. for Trump Tower Meeting? Reuters, (Nov 6, 2017); Michael Kraishetal, Russan Lawyerwho Metwith Trump Jr. Has LongHistory Fighting Sanctions, Washington Post(uly 1, 2017); see OSC-KAVOOLI3 (6/8/16 Email, Goldstone to Kaveladze);, RG000073 (6/8/16 Email, Goldstone to Trump Je.; Liberman 12/13/17 302a5; see also Prevezon Holdings Order(Oct. 17,2016). “adhnestn 1/17 3 ccc 116 Prevezon case, also attended the lunch.” rmecting asked Akhimetshin what 1 should tell hin, According to several participants tn the lunch, Veselnitskaya showed Akhmetshin a document alleging financial misconductby Bill Browder and the Ziffbrothers (Americans with business in Russa) and thoseindividuals subsequently making litical donations to the DNC.” ‘The groupthen wentto Trump Towerforthe meeting”! 1, Conduct ofthe Meeting ‘Trump Je, Manafort, and Kushner participated on the Trump side, while Kaveladze, ‘Samochomov, Akhmetshin, and Goldstone atended with Veselnitskaya.” The Office spoke to every participant except Veselitskaya and Trump Ir the latter of whom declined to be voluntari “The meeting lasted approximately 20 minutes” Holdsone recaed that Trump Mr. mvited Vescintskaya to begin but Gk oot Say anything abouttesubject ofthemeeting.”Participants agreed that Vesclntskaya stated that the Ziff brothers had broken Rusian lasand had donatetheir profs to the DNCorthe Clinton Campaign.” She asserted that the Ziffbrothers had engaged in axevasion and money laundering 7Kavala A617 02,317 302, 22,4 Samochoroy713/17 a Kot 613 Samcchorov didnot reeaTean etinater ofthe rump Tower meeting coming up , BB Strcctcmoy 7/1217 302 a4, In her later Senate statement an meractons Wh Oe eS Vescniskaya proceed whatshe claimed were the aking point tat she ought the hae 9 mesg 7g, Samochomov 712/17 302, a4 ™ Bg, Samochomo7/12/17 302, at 4 *Eg, Samochomoy 7/12/17 302, at 4 Goldstone28/18 302,a9. ny US. DepartmentofJustice Sect:Sinead bien i a a 5” NN tne 0 vet, Top ec lly {questions about how the alleged paymentscould be tied specifically to the Clinton Campaign, but Veselnitskaya indicated that she could not trace the money onceit entered the United States.” Kaveladze similarly recalled that Teump Je. asked what they have on Clinton, and Kushner beeame aggravated and asked “[wfhatare we doing here?” ‘Akhmetshin then spoke aboutU.S. sanctions imposed under the Magntsky Act and Russia's response prohibiting U.S. adoption of Russian children.” Several participants recalled that Tramp Je. commented that Trump i a private citizen, ad there was nothing they could do at that time." Trump Jr. also said that they could revisit the issue if and when they were in government.” Notes that Manafort took on his phonereflect the general low ofthe conversation, although notall ofits details.” ‘Atsomepointin the meeting, Kushnersent an Messageto Manafort stating“waste oftime,” followed immediately by two separate emailsto assistants at KushnerCompanies with requests that, 2 Kaveladze 11/16/17 302, at 7 Samochorsav 1/13/17 3025 at 3 %£g, ARhmetsin 1/14/17 302, 12-5;rr Madmen 16730? TT<2 2/3/17 302, at 3. Trump Jr. confirmed this ina satement Re mags In Juy 2077 ater news ofthe June 2016 meeting broke. Interview off Donald J. Trump sr, Senate Judicary Commitee US. Senate Washington DC, 15th Cong. $7 (Sep. 7, 2017. ™ Manafon’s notsstate: Bill rowder Offshore Cypeas 133m shares Companies Not invest loan Valuein Cyprusas inter let ‘Active sponsors ofRNC Brovidehired Joanna Glover Tied into Cheney Russian adoptionby American families PIM-SIC-00000001-02 (Notes Predoced to Senate Judiciary Commies), us US. Department ofJustice Work / Protected theycall him to give him an excuseto leave.” Samochomov recalled that Kushner departed the meeting before it concluded; Veselitskaya recalled the same when interviewed by the press in July 2017. Veselniskaya’s pressinterviews and written statements to Congressdiffer materiallyfrom ‘other accounts, In a July 2017 press interview, Veselnitskaya claimed thatshe has no connection to the Russian government and had not referred to any derogatory information concerning the Clinton Campaign when she met with Trump Campaign officials.”” Veselntskaya’s November 2017 written submission tothe Senate Judiciary Committe stated thatthe purpose of the June 9 ‘meetingwas not to connectwith“the Trump Campaign” but rathertohave “a private meeting with Donald Trump J:—a friend of my good acquaintance’s son on the matter ofasi colleagues in informing the Congress members as to the criminal nature of manipulation and interference with the legislative activities ofthe US Congress." In other words, Veselnitskaya claimed her focus was on Congress and not the Campaign. No witness, however,recalled any reference to Congress duringthe meeting. Veselnitskaya also maintained thatshe “attended the meeting asa lawyer ofDenis Katsy,” the previously mentioned owner ofPrevezon Holdings but she did not “introduce(herself in this capacity." Ina July 2017television interview, Trump J. stated that while he had no way to gauge the reliability, credibility, or accuracy ofwhat Goldstone had stated was the purposeofthe meeting, if “Someone has information on our opponent maybe this is something. 1 should hear them out” Trump Je. furtherstated in September 2017 congressionaltestimony that he thought he should “listen to what Rob and his colleagues had to say."™! Depending on what, if any, information was provided, Trump J. stated he could then “consult with counsel to make an informed decision asto whether to give itany further consideration," 5 WOSCD00N3992 (69/16 Test Message, Kushner to Manafor); Kushner 4/11/18 302, at 9; ‘Vargas 4/4/18 302,at 7; NOSCOO000D84 (69/16 Email, Kushner to Vargas; NOSCOO000O4S (6/9/16 Email, Kushnerto Can) Seon,12172 I8 302, 9-10; see aso Interview of Donald Pra dr, Seete cary Commies, 15th Cong, 8-49 sept 7.2017, ™ Russian Lawyer Veselnitskaya Says She Didh't Give Trump Jr. Info on Clinton, NBC News (duly11,2017). ™* Testimony ofNotaia Veselntsaya Before the United States Senate Committee onthe Judiciary, 1154 Cong. 10 (Nov 20,2017), Testimony ofNatalia Veseltskaya Before the United States Senate Committee onthe Judiciary, 1134 Cong. 21(Nov. 20,2017), Sean Hannity, Transcript-Donald Trump, FoxNews (uly 11,2017). 8 mterview of: Donal. Trump, Jt Senate Judiclary Commitee, 115th Cong, 16 Sept 7, 2017). °© Interview of Donald J. Tramp, Jt, Senate Judiciary Commitee, 115th Cong. 16-17 (Sept. 7, 2017. 119 USS. Departmentof Justice Worle / Protected After the lune 9 meeting concluded, Goldstone apologized to Trump JeAccorting to Goldstone, he told Trump te Psa Fepore ta 8 ie could call, Aras Agalarov called him.” With Veseinitskaya next to him, Kaveladze reported thatthe meeting had gone well, but helater told ‘Aras Agalarov thatthe meeting about the Magnitsky Acthad been a waste oftime because it was not with lawyers and theywere “preaching to the wrong crowd.” 6 Post-June 9 Events ‘Veselnitskaya and Aras Agalarov madeatleast two unsuccessfulattemptsatertheelection to mect with Trump representatives to convey similar information about Browder and the Magnitsky ActOn November 23,2016, Kaveladze emailed Goldstone aboutsettingup another meeting “with T people” and senta document bearingallegations similar to those conveyed on June 9. Kaveladze followed up with Goldstone,stating that “Mr. A." which Goldstone Understood to mean Aras Agelaroy, called to ask aboutthe meeting.” Goldstone emailed the document to Rhona Graf, saying that “Aras Agalarov has asked me to pass onthis documentin the hope it can be passed onto the appropriate tam, Ifneeded,a lawyer representingthe case is ‘The week afer the June9 meeting a cyberseeuity Haze and the DNC announced te Russian Hack oftes DNC. Seo Volume L. Section LB. sy fan one text message shows) iat, shorty afterhe DNC ‘announcement Goldstone made comments connecting the DNC hacking announcement to the June 9 ‘NScso acne Fseedntnly evdencomeing beern of Ie te ORU' ceed damp opraion OSCAY C0390 (OuEmaColts Aeslawy). "" Kaveladze 11/16/17 302,a 8; Call Records oftke Kaveladz 302,a8; Cll Recon ofke Kaela:EE +Kavelade11/16/17 (on June 14, 206 Kevlads teenage daughter emailed asking how Gifine tertng tad gee and ps teing The Rusan 4bt hve any bad if on ing OSC “mesg responded Kavelas RAV.00957(/l/16 Email Kevelaze to A. Kaelala © Goldsone 28/630, 1 7oSC.KAV. 00138 (112316 Boal, Goldstone Keven) "5 RG00196 (IU62016 Text Messages, Coldsione & Kel) 120 US. Departinent of Justice Worle roteoted-tinder-Fed-R- in New York currently and happy to meetwith any member ofhs transition team."According to Goldstone, around January 2017, Kaveladze contacted him again to setup another meeting, but Goldstone did not makethe request.”Theinvestigation didnotidentify evidence ofthe transition ‘eam following up, Participants in the June 9, 2016 meeting began receiving inguities from attorneys representing the Trump Organization starting in approximately June 2017." On approximately June 2, 2017, Goldstone spoke with Alan Garten, general counselofthe Trump Organization, bouthis participationin the June 9 meeting.” The same Goldstone emailed Veselnitskaya’s hame to Garten, identifying herasthe “woman who was the attorney who spoke atthe meeting from Moscow." Laterin June 2017, Goldstone participated in a lengthiercall with Garten and Alan Futerfas, outside counsel forthe Trump Organization (and, subsequently, personal counsel for Trump Jr)" On June 27, 2017, Goldstone emailed Emin Agalarov with the subject“Trump attotneys” and stated that he was “interviewed by attorneys” about the June 9 meeting who were concemed because it links Don Jr. to officials from Russia—which he has always denied meeting."®* Goldstonestressed that he “did say at the time this was an awful idea and a terible meeting.”Emin Agalaroy senta sereenshotofthe message to Kaveladze.® ‘The June 9 meeting became publicin July 2017. In a July 9, 2017 text message to Emin Agalarov, Goldstone wrote“I made sure I kept you and your father out of[this story," and [i contacted I can doa dance and keep you out of it." Goldstoneadded, “FBI now investigats and “I hope this favor was worth for your dad—it eould blow up." On July 12, 2017 Emin ‘Agalarov complained to Kaveladze thathis father,Aras, “never listens” to him and thattheir * Goldsone 24/18 30, 1ITI OrrsR00118 (128/16 Email, Goldstone to Graf). 000256 (6/2/17 Email, Goldstone to Garten). 'G000092 (627/17 Email, Goldstone to E. Agaaroy). RO000092 (627/17 Email Golstons io E.Agalarow) © QSC-KAV._01190 (627/17 Text Message, E. Agalarovto Kaveladza). 26 RG00028687 (19/17 Text Messages, FE. Agalaov & Golson) TT ne US.DepartmentofJustice Work/ Hrotected relationship with “mr T has been thrown down the drain’ The next month, Goldstone commented to Emin Agalarov about the volume of publicity the June 9 meeting had generated, Sangthat his “reputation [vas] basically destroyed by this dumb meeting which your father insisted on even though Ike and Me told himwould be bad news and not to do." Goldstone added, “I am notable to respond outofcourtesy to you and your father. So am painted as some ‘mysterious linkto Putin." ‘After public reporting on the June 9 meeting began, representatives from the Trump Organization again reached out to participants. On July 10,2017, Futerfassent Goldstone an email ‘with a proposed statement for Goldstoneto issue, which read: As the person who arranged the meeting, lean definitively state that the statements I have read by Donald Trump Jr. aro 100% accurate. The meeting was a complete waste oftime and Don was never told Ms. Veselnitskaya’s name priorto the meeting. Ms. Veselnitskaya ‘mostlytalked about the Magnitsky Actand Russian adoption laws and the meeting lasted 20 to 30 minutes at most. ‘There was never any follow up and nothingever eame ofthe meeting” [re statementdrafted by Trump Organization representatives was He proposed different statement, asserting that he had been ‘asked "by [hs] client in Moscow — Emin Agalarov to facilitate a mecting between a Russian ‘attorney (Natalia Veselnitzkaya[sic]) and Donald Trump Jt, The lawyer had apparently stated that she had someinformation regardingfunding o the DNCfrom Russia,which she believed Mf. “TrumpJ. might find interesting." Goldstone neverreleasedeither statement."® (On the Russian end, there were also communications about whatparticipants should say about the June 9 meeting. Specfially, the organization that hired Samochornov—an.antiMagnitsky Act group controlled by Veselitskaya and the owner of Prevezon—offered to pay $90,000 of Samochomov's legal fees.7"" At Veselniskaya’s request, the organization sent Samochomov a transcript ofa Veselniskaya pressinterview, and Samochomov understoodthat the organization would pay his legal fees only if he made statements consistent with Veselnitskaya’s.”= Samochomov declined, telling the Office that he did not want to periure OSC.KAV 01197 (7/1-12/17 Text Messages, Kavelade &E, Ago) > Tema CatonPe& Ont >= T/T eal Codon Poi On "Socom713173 I S357101730201 12 US. Departmentof Justice Mork Produet/ Protected himself” ‘Thindividual who conveyed Veselnitskaya’srequest to Samochornov stated that he «did not expressly condition payment on following Veselntskaya’s answers but, in hindsight, ized that by sending the transcript, Samochomoy could have interpreted the offer of assistance tobe conditioned on his not contradicting Veselnitskaya’s aecount.”™* ‘VolumeI, Section I.G, ina, discusses interactions between PresidentTrump, Trump J, and others in June and July 2017 regarding the June 9 meeting 6. Events atthe Republican National Convention ‘Trump Campaign officials met with Russian Ambassador Sergey Kislyak duringthe week. National Convention, The evidence indicates that those interactions werebrief Republican ofthe and non-substantive, During platform committee meetings immediately before the Convention, ED. Gordon, a senior Campaign advisor on policy and national security, diluted proposed “amendment to the Republican Party platform expressing support for providing“lethal” assistance to Ukraine in response to Russian aggression. Gordon requested that platform committee ‘personnel revise the proposed amendment to state that only “appropriate” assistance be provided to Ukraine. The originalsponsor ofthe “lethal” assistance amendmentstated that Gordon told her (the sponsor)that he was on the phone with candidate Trump in connection with his request to dilute the language. Gordon denied making that statement 0 the sponsor, although he acknowledged it was possible he mentioned having previously spoken to the candidate about the subject matte. The investigation did not establish that Gordon spoke to or wasdirected by the candidate to make that proposal. Gordon said that he sought the change because believed the proposed language was inconsistent with Trump's position on Ukraine, ‘a, AmbassadorKislyak's Encounters with SenatorSessions andJ.D. Gordon the Week oftheRNC In July 2016, Senator Sessions and Gordon spoke at the Global Partners in Diplomacy ‘event, a conference co-sponsored by the State Department and the Heritage Foundation held in Cleveland, Ohio the same week as the Republican National Convention (RNC ot ““Convention”).”® Approximately 80 foreign ambassadors tothe United States, including Kislyak, ‘wereinvited tothe conference.” On July 20, 2016, Gordon and Sessionsdelivered their speechesatthe eonference.””” In his speech, Gordonstated in pertinent pat thatthe United Statesshould have betterrelations with 7 Samochoenov 7/1/17 302, a 1 Gordon829/17 302, at 9;Sessions 117/18 302, at 2;AlanSmith, Ve Now KnowMoreAbout whyJeffSessionsanda Russian AmbaxsadorCrossedPathttheRepublican Convention,BusinesInsider (Mar. 2,2017)7 Gordon 8/29/17 302, a 9; Laura DeMarco, Global Cleveland and Sen. Bob Corker Welcome International Republican National Convention Guests, Cleveland Plain Dealer (uly 20,2016). 7 Gordon 8/29/17 302,a 9;Sessions 117/18 302,at 22 13 U.S.DepartmentofJustice Bradet ’ Prefect Russia.” During Sessions's speech,he took questionsfromtheaudience, one ofwhich may have ben asked by Kislyak.”” When the speeches concluded, several ambassadors lined up to greet the speakers" Gordon shook hands with Kislyak and reiterated that he had meant what he said inthe speech about improving U.S.-Russia relations" Sessions separately spoke with between six and 12 ambassadors, including Kislyak "= Although Sessions stated durininterviews with the Officethat he had no specific recollection ofwhathe discussed with Kislyak,he believed that the two spoke foronly few minutesand that they would have exchanged pleasantries and said some things about U.S-Russia eations."™ Laterthat evening, Gordon attended a reception as part ofthe conference.” Gordon into Kislyak as the wwo prepared plates offood, and they decided to statthe same table to eat.” ‘They werejoined at tht table by the ambassadors from Azerbaijanand Kazakhstan,and by Trump ‘Campaign advisor Carter Page.” Asthey ate, Gordon and Kislyak talked for what Gordon ‘estimated to have been threeto five minutes,during which Gordon again mentioned that he meant ‘what he said in his speech aboutimproving U.S.-Russia relations.” '. Change to Republican Party Platform In preparation forthe 2016 Convention,foreign policy advisors to the Trump Campaign, working with the Republican National Committee, reviewed the 2012 Convention’s foreign policy platform to identify divergence betweenthe earlier platform and candidate Trump's positons.”* ‘The Campaign eam diseussed toningdown languagefrom the 2012 platform that identified Russia asthe country's number onethreat,given the candidate's belief that there needed to bebeterU.S. relations with Russia. The RNC Platform Committee sent the 2016 draft platform to the ‘National Security and Defense Platform Subcommittee on July 10, 2016,the eveningbefore its 7 Gordon 829/17 302, a9 7 Sessions 1/17/18 302 22;Lut 1/30/18 302,a3. 7 Gordon 8/29/17 302, a9; Lull 1/30/18 302,a3, 7 Gordon 829/17 302, a9 ™Sessions 1/17/18 302,a 2;Luff 1/30/18 302, st 3; see aso Volume I, Section 1V.A.4b, supra (explainingtatSessions and Kislyak may have met three months before this encounterduring reception Jeld on April 26, 2016, atthe Mayflower Hotel, ™sessions V/17/18 302,at22 ™* Gordon 8/29/17 302, at 9-10, ™Gordon 8/29/17 302, t 9-10, ™ Gordon 8/29/17 302,at 10; see also VolumeI Section 1V.A.3.4, supra (explaining that Page acknowledged meeting Kislyakat this event), Gordon 829/17 302, at 10 Gordon 829/17 302at 10. 7 Gordon829/17 302 10, 124 U.S. Department ofJustice eeted Pret y a M t c u d o r P Work meeting to propose amendments."® ‘Although only delegates could participate in formal discussions and vote on the platform, Campaign could request changes, and members of the Trump Campaign attended Trump the ‘committee meetings.” John Mashburn, the Campaign's policy director, helped oversee the ‘Campaign's involvement in the platform committee meetings.”* He told the Office that he directed Campaign staff atthe Convention,ineluding J.D. Gordon, to take a hands-off approach ‘and only to challengeplatform planks ithey directly contradicted Trump's wishes.” n July 11,2016, delegate Diana Denman submitteda proposed platform amendient that Russia's “ongoing included provision ofarmed support for Ukraine.” The amendment described(and,if military aggression”in Ukraine and announced “suppor” for “maintaining integritywarranted, are fully incteasing) santions against Russia until Ukeane's Sovereignty and territorial greater and forees armed Ukraine's to weapons defensive lethal “providing for and restored” the proposed platform coordination with NATO on defense planning."”* Gordon reviewed amendment because of changes, including Denman’s.™ Gordon stated that he flagged thiscandidate sayatthe March heardthe personally Gordon which Ukraine, on position “Trump'sstated any for responsiblity primary ake should 31 foreign policy meetingnamely, thatthe Europeans and that hedidnot assistance to Ukraine,that there should be improved U.S.-Russia relations, Trump'sstatements that Office the told Gordon eegion.”” that over WirIII World start to ‘want ‘on the campaign tailfollowing the March mecting underscored tose postions to the point where Gordon felt obliged to object othe proposed platform change and sekits dilution." On July 11, 2016, at @ meeting of the National Security and Defense Platform Subcommittee, Denman offered her amendment.” Gordon and another Campaign staffer, Matt ler, approached a committee co-chait and asked him to table the amendment to permitfuther discussion" Gordon's concerwith the amendment wasthe language about providing “lethal > Gordon 829/17 302, at 10; Hoff 9/26/17 302, at 1-2. Ho826/17 302 at 1; Gordon 9/7/17 302, 10. > Mashburn 6/25/18 302, at 4; Manafor9/20/18 302,a 7-8, 7 Mashburn 625/18 302, at 4; Gordon 8/29/17 302,a 10. 7% DENMAN 000001-02, DENMAN 000012, DENMAN 000021-22; Denman 12/4/17 302, at Is Denman 6/7/17 302, at 2 5 DENMAN 000001-02, DENMAN 000012, DENMAN 000021-22. Gordon 829/17 302, at10-11 ” Gordon8/29/17 302at 11; Gordon 9/7/17 302, at 11; Gordon 2/14/19 302,at 12,56, ™* Gordon 2/14/19 302, $6 Denman 6/7/17 302,a2; see DENMAN 000014. Denman 67/17 302, st 2; Denman 12/4/17 302,at 2; Gordon 9/7/17 302,at 1-12;se Hoff 5/26/17 302, at 2. Rs US. Department oflustice tek/ Protected defensive weapons to Ukraine.”Miller did not have any independent basis to believe that this language contradicted ‘Trump's views and relied on Gordon's recollection of the candidate's ‘According to Denman,she spoke with Gordon and Matt Millerand they told her that they had to elear the language and that Gordon was “talking to New York."™ Denman told others that she was asked by the two Trump Campaign staffers to strike “lethal defense weapons” from the proposal but thatshe refused Denman recalled Gordon saying that he was onthe phone with ‘eandidate Trump, but she was skeptical whether that was true." Gordon denied having told Denman that he was onthe phone with Trump,although heacknowledged it was possible that he mentioned having previously spoken tothe candidate aboutthe subject matterGordon’s phone records reveala call to Sessions's office in Washington that afternoon, but do not include calls directly to a numberassociated with Trump.” And accordingtothe President's written answers, to the Office's questions,he does not recall being involved in the change in language of the platform amendment" Gordon stated that he tried to reach Rick Dearborna senior foreign policy advisor,and Mashburn,the Campaign policy director. Gordonstated that he connected with both ofthem (he could not recall iby phone oF in person) and apprised themofthe language he tookissue within the proposed amendment, Gordon recalled noobjection by either Dearborn or Mashburn and that allthee Campaign advisors supporeed the altemative formulation (‘appropriate assistance”) "” Dearborn recalled Gordon warning themabout the amendment, but not weighing in because Gordon was more familiar withthe Campaign's foreign policy stance.” Mashburn stated that Gordon reached him, and hetold Gordon that Trump had not taken a stance onte issue and that the Campaign should not intervene." ‘When the amendment came up again in the committee's proceedings,the subcommittee ‘changed the amendmentby striking the “lethal defense weapons” language and replacingit with "Denman 6777302, a3 MMe 1025/17 302 at Denman 12417 302, 2; Denman 6717302, a2. otts2617 302, 02 Denman 6117 302, 2-3, 34 Denman 12/4/17 302, a2 Gordon 2714/19 302,a7 ~catkews ot)TI, Seren x ni his cals with Sessions wer nvelatedtoe pachange, Gordon 71419302, a7 ‘writen Responses of Donald J. Trump (Nov. 20,2018), at 17 (Response to QuestionIV, Part). © Gordon 2/14/19 302 at 7 Gran97/17 302, t 1-12;s6e Gordon 829/17 302, at 1 ° Dearborn 1/28/17 302,278 5Mashburn 725/18 302,a4 126 U.S, Department ofustice WorlMey- Protected “appropriate assitance."" Gordon stated that he and the subcommittee co-chair ultimately agreed to replace the language about armed assistance with “appropriate asitance.""? The subcommittee accordingly approved Denman’s amendment but with the term “appropriate assistance." Gordon stated that, to his recollection,this was the only change sought by the Campaign."* Sam Clovis,the Campaign's national co-chair and chiefpolicy advisor, stated he was suepesed by the change and didnotbelieve it wasinline with Trump'sstance" Mashburn sited that when he sw the word “approprite assistance,” he believed that Gordon had violated Mashbur’s directive nt to intervene.” 7. Bost-Convention Ci Kislyak ‘Ambassador Kislyak continued his efforts to interact with Campaign officials with esponsibility forthe foreign-policy portfolio—among them Sessions and Gordon—in the weeks aftr the Convention, The Office did not identify evidencein thoseinteractions ofcoordination betweenthe Campaign andthe Russian government. 44, Ambassador Kislyak Invites J.D. Gordon to Breakfast at the Ambassador's Residence (On August 3, 2016,an official from the Embassyofthe Russian Federation inthe United States wrote to Gordon “Joln behalf of" Ambassador Kislyak inviting Gordon “to ha breakfastitea with the Ambassador at his residence” in Washington, D.C. the following week." ‘Gordon respondedfive dayslaterto declinetheinvitation. He wrote,“[t]hese daysare notoptimal forus, as we are busily knocking downa constantstream offalse media stories while also preparing for the first debate with HRC. Hope to take a raincheck for another time when things quiet down abit. Please pass along my regards to the Ambassador.”*” The investigation did notidentify ‘evidence that Gordon made any other arrangementsto meet(ormet) with Kislyakafter this email. b, SenatorSessions's September 2016 Meeting with Ambassador Kislyak ‘Also in August 2016, a representative ofthe Russian Embassy contacted Sessions's Senate office about seting up @ meeting with Kislyak.® Atthe time, Sessions was a member of the "Hott5726/17 302, a2; see Denman 12/4/17 302, at2-3; Gordon 8/29/17 302,a11 * Gordon8/29/17 302, at11; Gordon 9/7/17 302, at 12. "Hoff 526/17 302, at 23. 5 Gordon 214/19 302,at 6 56 Clovis 10/3/17 302, t 10-11 *Mashburn 6/25/18 302,a 4 '8 psTHPO0004828 (8/3/16 Ema, Pehelyakov fembassy@russianembassy rg] to Gordon, '* DITFPO00049S3 (8/8/16 Email, Gordon to embasey@russianembessy.or8). Lf 1/30/18 302, a5 a7 US. Department ofJustice occ May: Protected Hed Gime bie) ‘Senate Foreign Relations Committee and would meetwith foreign officals in thatcapacity" But Sessions's staff reported, and Sessions himself acknowledged, that meeting requests ftom ambassadorsincreased substantially in 2016,as Sessions assumed a prominent roe inthe Trump ‘Campaign and his name was mentioned” for potential cabinet-evel positions in a future ‘Trump Administration. On September 8, 2016, Sessions met with Kislyak in his Senate office® Sessions said that he believed he was doing the Campaign a service by mecting with foreign ambassadors, including Kislyak."™ He was accompanied in the meeting by at least two ofhis Senate staff: Sandra Luff, his legislative director; and Pete Landrum, who handled military affairs." The ‘meetinglasted less than 30 minutes." Sessions voiced concems about Russia's sale ofa missiledefense system to Iran, Russian planes buzzingU.S.military assesin the Middle East, and Russi aggression in emerging democracies such as Ukraine and Moldova.” Kislyak offered explanations on these issues and complained about NATO land forees in former Soviet-bloc countries that border RussiaLandrum recalled that Kislyak referred to the presidential campaign as “an interesting campaign,"® and Sessions also recalled Kislyak saying that the Russian government wasreceptive to the overtures Trump had laid out during his campaign.” None ofthe attendees, though, remembered any discussion ofRussian electioninterference or am request that Sessions conveyinformation fromthe Russian governmentto the TrumpCampaign. ‘During the meeting, Kislyak invited Sessions to further discuss U.S.-Russia relations with him over a meal at the ambassador's residence.® Sessions was non-committal when Kislyak extended theinvitation. After the meetingended, Luffadvised Sessions against accepting the one‘on-one meetingwith Kislyak, whom she assessed to be an “old school KGB guy.”” Neither Luff ‘not Landrum recalled that Sessionfollowed uponthe invitation or made any furthereffort to dine "2 Sessions 1/17/18 302, at 23-24; Luff 1/20/18 302,a. 2 sessions 1/17/18 302, at 23-24; Luff 1/30/18 302, at 5; Landrum 2/27/18 302, at 3-5, "© sessions 1/17/18 302, at 23 ' Sessions V/17/18 302, at 23, ' Sessions 1/17/18 302,a 23;Luff 1/30/18 302, at $6; Landrum 2/27/18 302, at 45 (stating he ‘could not remember if election was discussed, * Luff V30/18 302, a 6; Landrum 2/27/18 302, a °° Luff 130/18302, at 6; Landrum 2/27/18 302, a 4 © Luff 1/30/18302, at6; Landrum 2/27/18 302a 4-5 "© Landrum 2/27/18 302,a5 ‘Sessions 1/17/18 302, at 23, Sessions also noted thatambassadors cameto him for information shout Trump and hoped he would pass along information to Trump, Sessions 1/17/18 302at 23-24 © Sessions1/17/18 302, t 23;Luff 1/30/18302, at 6; Landrum 2/27/18 302, aS. "LuY30/18 302, at 5; Landrum 227/18 302, at 4 © Lug 130/18 302, ats 128 US. DepartmentofJustice Sars See tected ‘or meet with Kislyak before the November 2016 election.Sessions and Landrum recalled that, after theelection, some efforts were made toarrange a meeting between Sessions and Kislysk."® ‘According to Sessions,the request camethrough CNI and would haveinvolved a meeting between. Sessions and Kislyak, two other ambassadors, and the Governor of Alabama.™* Sessions, however, wasin New York onthe day of the anticipated meetingand was unableto attend.” The investigation not identify evidencethat the two men met at any pointaftertheir September 8 meeting. 8. Paul Manafort Paul Manafort served onthe Trump Campaign,including«period as campaign chairman, from March to August 2016." Manafort had connections to Russia through his prior work for Russian oligarch Oleg Deripaska latethrough his work fora pro-Russianregimein Ukraine. ‘Manafort stayed in touch with these contacts during the campaign period through Konstantin Kilimnik, a longtime Manafort employee who previously ran Manafort's officein Kiev and who the FBI assesses to have ties to Russian intelligence. Manafort instructed Rick Gates, his deputy onthe Campsignand a longtime employee! to provide Kitimnik with updates on the Trump Campaign—including intemal polling. dts, although Manafort claims not to realthat specific instuction. Manafort expected Kilimnik to shar that informationwith othersin Ukraineand with Deripaska, Gates periodically seatsuch polling data to Kilimnik during the campaign. ‘FLV/0/18 302,a 6; Landrum 2/27/18 302,at45 "©Sessions 1/17/18 302, at 23 ' Sessions 1/17/18 302 at 23, ° Sessions1/17/18 302 25, © On August21,2018, Manafort was convictedin the Easter Distt ofVirginia on eighttax, Foreign Bank Account Registration (FBAR), and bank fraud charges. On September 14,2018, Manafort to (1) conspiracy o defraud the United States and conspiracyto DistrictofColumbia pleaded Eommit guilty offensesin theagsnst the United States (money laundering, tax fraud, FBAR, Foreign Azenis Registration Act (FARA), and FARA false statements), and (2) conspiracy to obstructjustice withess tampering). Manafort also admitted criminal conduct with which he had been chargedin the Eater District ofVirginia, but sto which the jury hung. The conduct a issue in both cases involved Manafoa's workin Ukraine andthe money he earned for that work, as well as crimes afer the Ukraine work ended, (On March7, 2019, Manafort was sentenced to 47 months of imprisonment in the Virginie prosection. On March 13, thedisct court in D.C. sentenced Manafor to atta term of73 months: 60 months on the Count 1 conspiracy (vith 30 ofthose monthsto run concurrentothe Virginia sentence), and 13 months on the Count eonspitacy,tobe served consecutive othe othertwo sentences, "The twosentsncrs rested in total tem of90 months. * As notedin Volume I, SectionIILD.1.,supra,Gates pleaded guilty to two criminal charges in the District ofColumbia, ncloding making false statementtothe FBI,pursuant to pea agreement. He has provided information and in-cout testimony that the Officehas deemed to be reliable, See also ‘Transerpt at 16, United States v. Paul J. Manafort, Jr, V:17-2-201 (D.D.C. Feb, 13, 2019), Doe. $14 (Manafort 2/13/19 Transcript) (court's explanation ofreasons to credit Gates's statements in ne instance). 129 US. DepartmentofJustice Mork / Protected-tinder Manafort also twice met Kilimnik in the United States during the campaign period and ‘conveyed campaign information, The second meetingtook place on August 2, 2016,in New York City. -Kilimnik requested the meeting to deliver in person @ message from former Ukrainian President Viktor Yanukovych, who was then living in Russia. The message was about a peace plan for Ukraine that Manafort has since acknowledged was a “backdoor” means for Russia to ‘control easter Ukraine, Several months later, after the presidential election, Kilimnik wrote an ‘email to Manafort expressing the view—which Manafort latersaid he shared—thatthe plan's success would require U.S. support to succced: “al that is required to start the process isa very minor ‘wink’ (or slight push) from [Donald Trump]:™* The emul also stated thaif Manafort were designated asthe U.S. representative and started the process, Yanukovych would ensure his reception in Russia “at the very top level.” “Manafort communicated with Kilimnik about peace plans for Ukraine onatleast four occasionsaftertheir fist discussionofthe topic on August 2: December 2016 (the Kilimnik email described above); January 2017; February 2017; and ag in inthe spring of 2018. The Office reviewed numerous Manafort email and text communications, and asked President Trump about the plan in written questions." Theinvestigationdid not uncoverevidence of Manafor's passing, alonginformationabout Ukrainian peace plans othe candidate or anyone elsin the Campaign or the Administration, The Office was not, however,able to gain access to all of Manafort’s clectronie communications (in some instances, mossages Were sent sing eneryption application). ‘And while Manafort denied that he spoke to members of the Trump Campaign or the new ‘Adminstration aboutthe peace plan,he lied tothe Office and the grand jury about the peace plan and his meetings with Kilimnik,and his uneliabilty on this subject was among the reasons that the districtjudge found thathe Breached his eooperation agreement. The Officould not eisbly determine Manan paras in sharing internal poling dia 1 ownsie to sharing campaign infermation, and toll Gres tri rte fe Campaign would wih Kiliduring the carmpalgn period. ‘llr dnctsee "The email was drafted in Kilimik’s DMP email account Gin English) According to the President's written answers, hedoes not remember Manafort communicating to him any panicular postionsthat Ukraine or Rusia would want the United States to support. Writen Responsesof Donald J, Trump (Nov. 20, 2018), at 16-17 (Responseto Question IV, Part (4). 7 Manafor made several false statements during debriefings. Based on that conduct, the Office determined that Manafrt had breached his pleaagreement and could not be a cooperating witness. The judgepresidingin Manafor's D.C. criminal eae found by preponderance ofthe evidenes that Manafort inetionally made multiple false statements to the FBI, the Office, and the grand jury concerning his ‘teractionsand communications with Kilimnik (and concerning (vo otheissues). Although the report refer at imes to Manafort’s statements, it does so only when thos statements are suficiently corroborated to be trustworthy, to entlyissues on which Manafors untruthful responses may themselves be of evidentiary valve, of to provide Manafort’s explanations for certain events, even when we were unable to Mant 7/1850 5. *! Gates 1/30/18 302, at 3, 5. 140 US. Department ofJustice nek retorted “Third,according to Gates and what Kilimnik told Patten, Manafort and Kilimnik discussed to sets offinancial disputes related to Manafort's previous work inthe region. Those consisted ofthe unresolved Deripaska lawsuit and the funds thatthe Opposition Bloc owed to Manafort for his political consulting work and how Manafort might beable to obtain payment.” Atethe meeting, Gates and Manafort both stated that they let separately from Kilimnik because they knew the media was tracking Manafort and wanted to avoid media reporting on his ‘connections to Kiliminik.?™* 6. Post-Resignation Activites Manafort resigned from the Trump Campaign in mid-August 2016, approximately two weeksafterhis second meeting with Kilimnk, amidst negative media reporting abouthis political consulting work for the pro-Russian Party of Regions in Ukraine. Despite his resignation, “Manafort continued to offer adviceto various Campaign officals through the November election. Manafort told Gatesthat hestilspoke with Kushner, Bannon, and candidate Trump,”and some ofthose postresignation contacts are documentedin emails. For example, on October21,2016, Manafort sent Kushner an email and attached a strategy memorandum proposing that the Campaign makethe case against Clinton “asthe failed and corruptchampionofthe establishment” and that "Wikileaks provides the Trump campaign the ability to make the case in a very credible way ~ by using the words ofClintonits campaign officials and DNC members."Later, in a November5,2016 email to Kushner entitled “Seouring the Victory,” Manafort statedthat he was, “really feeling good about our prospects on Tuesday and focusing on preserving the vietoy,”and that he was concerned the Clinton Campaign would respond to a loss by “mov[ing] immediately to discredit the [Trump] victory and claim voterfraud and eyber-raud,includingthe claim that the Russians have hackedinto the voting machines and tampered withthe results.””” ‘Trump was elected President on November 8, 2016. Manafort told the Office that, inthe ‘wake of Trump's vietory, he was not interested in an Administration job. Manafort instead preferred to stay onthe “outside,”and monetize his campaign position to generate business given his familiarity and relationship with Trump and the incoming Administration." Manafort appeared to follow that plan, as hetraveled to the Middle East, Cuba, South Korea, Japan, and China and was paid to explain what a Trump presidency would entail? “Manaforts activitiesin early 2017 included meetings relating to Ukraineand Russia. The Gates V/30/18 302, at 24; Patten 5/22/18 302, a7. Gates 1/30/18 302,a 5; Manafot9/1/18 302, tS Gates2/12/18 302, at 12. "© NOSCO0021517-20 (10/21/16 Ema, Manafort to Kushner. °°" NOSC00021575-75 (L1/5/16 Emil, Manafort to Kushne). 2" Manafort 9/12/18 302, 1, 45; Gates 1/30/18 302,a 4 © Manafort 9/12/18 302,a1 Ma US. Department ofJustice Worle BretMays toetected first meeting, which took place in Madtid,Spain in January 2017, was with Georgiy Ogenov. Oganov,who had previously worked atthe Russian Embassyinthe United States, was a senior executiveat a Deripaska company and was believed to report directlyto Deripaska.” Manafort ‘nally denied attendingthe meeting. When he later acknowledged it, he claimed thatthe meeting had been arranged by his lawyers and concemed only the Pericles lawsuit"! Other evidence, however, provides reason to doubt Manafort's statement that the soe topic ofthe meeting was the Pericleslawsuit. In particular, ext messages to Manafor from a number associated with Kilimnik suggestthat Kilimnik and Boyarkin—not Manafort'scounsel—had arranged the meeting between, Manafort and Oganov.°® Kilimnik’s messagestates that the meeting was supposed to be “not about moneyor Pericles”butinstead “about recreating [the]old friendship”—ostesibly between “Manafor and Deripaska—“andtalking aboutglobal politics.”** Manafrtalso replied by text that he “need{s] this finished before Jan, 20," which appears to be a reference to resolving Pericles, before theinauguration. ‘On January 15, 2017, theee days after his return from Maid, Manafort emailed K.T. MeFarland, who was atthat time designated to be Deputy National Security Advisor and was formally appointed to that position on January 20, 2017."° Manafor’s January 15 email to ‘McFarland stated: “I have some importantinformation I want to share that I picked up on my travels over the last month.”™® Manafort told the Office that the email referred to an issue regarding Cuba, not Russia or Ukraine, and Manafort had traveled to Cuba in the past month.” Ether way, MeFarland—who was advised by Flynn not fo respond to the Manafort inguiry— appears not to have responded to Manafort™* Manafort toldthe Officethat around the time ofthe Presidential Inaugurationin January, the met with Kilimnik and Ukrainian oligarch Serhiy Lyovochkin at the Westin Hotel in ‘Alexandria, Virginia” During this meeting, Kilimnik again discussed the Yanukovych peace plan that he had broached at the August 2 meeting and in a detailed December 8, 2016 message found in Kilimnik’s DMP email accountIn that December § email, which Manafort > Kalashnikova 5/17/18 302, at 4; Gary Loe, Svlet Embassy's Identity Crisis, Washington Post (Dee. 20,1991); Georgy S. Oganov Executive Profile & Biography, Bloomberg (Mt. 12,2019). 9 Manor. 9/11/18 302,st 7, 9 Text Message, Manafort& Kilimnik © Text Message, Manafort& Killmnik; Manafort 9/12/18 302,aS "Text Message, Manafort & Kilimnik ® 1/5/17 Email, Manafor, MeFatland, & Flynn, © 1/5/17 Email, Manafor, MeFatland, & Flynn, %Manaflor 911/18 302, 7 © 1/19/17 Email, Manafort, McFarland, & Flynn; McFarland 1222/17 302, at 18-19. LR 209118 302,07 Mao 038 302, at 3; in ee0rds Jan. 19 and 22, 2017; 2016-17 Text Messages, Kiliaik& Patten, a 1-2 1a US. Departmentof Justice Serle / Protected-tinder acknowledged having read,Kilimnik wrote, “all that is required to start the processis a very minor ‘wink’(orslight push)from DT"—an apparentreference to President-lect Trump—"and ‘decisionto authorize you tobe a ‘special representativeand manage this process.” Klimnik assured Manafort, withthatauthority, he “could start the process and within 10 days visit Russia [Yanukovych} guaranteesyour receptionathe verytop level,” and that “DT could have peacein Ukraine basically within afew months afterinauguration." MIi ia a seI seppor fore and on engagement salty his On February 26,2017, Manafort met Kilimanik in Made, where Kilimnik had flown from Moscow.In his first two interviews with the Office, Manafort denied meeting with Kilimnik on his Madrid tripand then—afler being conftonted with documentary evidence that Kilimnik was in Madrid atthe same time as him—recognized that he met him in Madrid, Manafort said that Kilimnik had updated him on a criminal investigationinto so-called “black ledger” payments to Manafort that was being conducted by Ukraine's National AntiComuption Bureau.” “Manafort remained in contact with Kilimnik throughout 2017 and into the spring of 2018. Nie 90,6 "© 2.2/17 Ema, Zatynao toKitimnik " Manafort9/13/18 302,a1 In resolving whether Manafort breached om about his cooperation plew agreement Py Ting tothe Offs, the district court found that Manafort liedMadd among other things, his contacts withKiln regarding the peaceplan including the meetingin ‘Manafort 213/19 Transcript, t 29-31, 40. m3 US. DepartmentofJustice Werk /rotected-Linder “Those contacts included matters pertaining to the criminalcharges brought by the Office.”and the Uktaine peace plan. In early 2018, Manafort retained his longtime polling firm to erat a draft poll in Ukraine, sent the pollsters a three-page primer on the plan sent by Kilimnik, and worked ‘with Kilimnik to formulate the polling questions. The primer sent tothe pollsters specifically called forthe United States and President Trumpto support the Autonomous Republic ofDonbas ‘with Yanukovych asPrime Minister," and a series ofquestions in the draft poll asked for opinions ‘on Yanukovyeh's role in resolving the conflict in Donbas.%* (The poll was not solely about Donbas;i also sought participants’ views onleaders apart from Yanukovych as they pertained to the 2019 Ukraine presidential election.) The Office has not uncovered evidence that Manafort brought the Ukraine peace plan to the attentionofthe Trump Campaign orthe Trump Administration. Kilimnik continued hisefforts to promote the peace plantothe Executive Branch (eg, U.S, DepartmentofState) intthe summer of 2018" B, Post-Blection and Transition-Period Contacts ‘Trumpwas elected President on November 8, 2016. Beginning immediately after the clecton, individuals connected to the Russian goverament started contacting officials on the ‘TrumpCampaign and Transition Team through multiple channels—sometimes through Russian Ambassador Kislyak and at other times throughindividuals who sought reliable contaets through USS. personsnot formallytied tothe Campaign or Transition Team. The most senior levels ofthe Russian government encouraged these efforts. The investigation did not establish thatthese efforts reflected or constituted coordination between the Trump Campaign and Russia in its electioninterference activites 1. Immediate Post-Election Activity ‘As soon as news broke that Trump had been elected President, Russian government officials and prominent Russian businessmen began trying to make inroads into the new ‘Administration, They appeared not to have preexisting contacts and struggled to connect with senior officials aroundthe President-Elect. As explained below, thoseefforts entailed both oficial contact through the Russian Embassy in the United States and ovtreaches—sanctioned at high levels ofthe Russian government—through business rather than political contacts = Manafort (D.D.C) Gov't Opp. to Mot. 0 Modify, t 2; Superseding Indictment $4851, UnitedStates». PaulJ. Manafor, J, 1-17-2201 (D.D.C. June 8, 2018), Doe. 318 © 2/12/18 Emil, Fabrizio to Manafort & Ward; 2/16/18 Email, Fabrizio to Manafrt 2/19/18, Email, Fabricio to Ward; 2/21/18 Email, Manafort to Ward & Fabrizio 12/21/18 Email, Manaforto Ward & Fabrizio (7:16:49am.) (attachment. 39/18 Email, Ward to Manafort & Fabrizio(attachment. C e 44 USS. DepartmentofJustice neterie-reteeted P r o d h e t Work Outreachfrom the Russian Government [At approximately 3am, on election night, Trump Campaign press seeretary HopeHicks foreign but was received a telephone eal on her personalcll phone from a person who sounded the understanding ime hard a had Hicks calling from a numberwith a DC area code" Although Person, she could make out the words “Putin callHicks told the eallerto send her an email" ‘Thefollowing morning, on November9,2016,Sergey Kuznetsov, an officialatthe Russ Embassy to the United States, emailed Hicks from his Gmail address with the subjectline, “Message from Putin."Attached tothe email was a message from Putin,in both English and Russian, which Kuznetsov asked Hicks to convey to the President-ElectIn the message,Putin ‘offered his congratulations to Trump for his electoral victory,stating he “look{ed] forward to ‘working with [Trump] on leading Russian-American relations out ofcrisis.” Hicks forwarded the emsil to Kushner,aking, “Can you lookinto this? Don't want to get testimony that he ‘duped but don’t want to blow off Putin!" ‘Kushner stated in Congressional emailthrough the believed that it would be possible to verily the authenticity ofthe forwarded Russian Ambassador, whom Kushner had previously metin Apeil 201627" Unable to rcathe Russian Ambassador's name, Kushner emailed Dimiti Simes of CN1, whom he ishadtheconsulted previously about Russi,se Volume I, Section IV.A.t,supra,and asked,“What name of Russian ambassador? Kushner forwarded Simes's response—which identified Kislyak by rname—to Hicks.”After checking with Kushnerto see what he had leamed, Hicks conveyed Trump and Putin Putin's letter to transition ofiials?™ Five dayslater, on November 14,2016,incoming Nationa including members, Team spoke by phone in the presence of Transition Security Advisor Michael Flynn.”™ 9 Hicks 12/8/17 302,a3 8 Hicks 12/8/17302,a3, 4 Hicks 12/8/17 302, a3, °° NOSCO0044381 (11/9/16 Email, Kuznetsovto Hick(5:27 am.) 5 NOSCO0044381-82(11/9/16 Email, Kuznetsovto Hicks (5:27 am.) % NOSCOODHIE2 (IL9/I6 Leter fom Putin to President-Elect Trump (Nov. 9, 2016) (translation). © NOsCo0044381 (11/9/16 Ema, Hicks to Kushner (10:26am), ° Statement ofJared C. Kushnerto Congressional Committees, at 4 (Jl. 24,2017) °™ NOSC000000SS (11/916 Emil, Kushner to Simes (10:28aan); StatementofJared Kushner to Congressional Commitee,a 4 (Jul. 24,2017). = NOSCDO0000SS (11/9/16 Ema, Kushner to Hicks (11:08:44 am). 7 Hicks 121817 302, a3-4 Flynn LI/16I17 302, at 810; se Doug G. Ware, Tramp, Russia's Putin Talk about Syria, Key Relations inPhone Call, UPI (Nov. 14,2016). Mas US. DepartmentofJustice a 1b, High-LevelEncouragement ofContacts through Alternative Channels ‘As Russian officialsin the United Statesreached out tothe President-Elect and his team, a ‘number of Russian individuals working in the private sector began their own efforts to make contact, Petr Aven, a Russian nationalwho heads Alfa-Bank, Russia's largest commercial bank, described tothe Ofce interactions with Putin during this time period that might accountfor the flury of Russian activity.” Aven told the Office that he is oneofapproximately 50 wealthy Russian businessmen who regulacly meet with Putin in the Kremlin; these 50 men are oftrefered to as “oligarchs.” ‘Aventold the Ofie that he met ona quarterly basis with Pui, ineluding inthe fourth quater {(Q#) of2016shortly after the US. presidential lection." Aven sid that hetok these meetings seriously and understood thtany suggestions oreitiqus that Putin made during these meetings were implicit dretives,and that there would be consequences for Aven if he did not follow though?”Aswas typical, the 2016Q¢ meeting with Pun was precededbya preparatory meeting with Putin’schiefof staff, Anton Vaio.” According to Aven,at his Q4 2016 one-on-one meeting with Putin?™ Putin raised the prospect thatthe United States would impose addtional sanctions on Russian interests, including Sanctionsagainst Aven andor Alfa-Bank™ Putin suggested that Aven necded to take steps fo protecthimselfand Alfa-Bank"" Aven also testified thatPutin spoke ofthe difficulty faced by the Russian government in getting in touch with the incoming Trump Administration.” According to Aven, Putin indicated that he did not know with whom formally to speak and generally didnotknow the people around the President-Elect."* 7 Aven provided information tothe Officein an interview and through an atomey profi ven 872/18 302, 7, 9 Aven 82/18 302, 23. om and interview withtheOffice, Avenrefered to the high-ranking Russiangovernment Teas using numbers(e.g, Official 1, Oficial 2). ‘Aven separately confirmed through an attomey proffer thatOcal was Putin and Official 2 was Putin's chiefoftaf, Vaino. SeeAffidavitofRyan Junck (Aug. 2, 2018) (hardcopy onfle) ° Atte timeof his Q4 2016 meeting with Putin, Aven was generally aware ofthe press coverage about Russian interferenceinthe US. election. AccordingtoAvea, he did not discusthat opie with Putin ‘at any point, and Putin did not mention the rationale behind thethreat ofnew sanctions. Aven 8/2/18 302, a5. 146 US. Department oflustice Wen PradeMi Prtectes 4c son ou ke stphmsnd the Aiak shareholders from potental sanctions,and one ofthose steps would be to ty to reach out tothe ‘incoming Administration to establish a line of communication.Aven described Putin responding with skepticism about Aven’s prospect for success.°"” According to Aven,although Putindid not expreslydiret him to reach out to the Trump Transition Team, Aven understood that Putin expected him to try to respond tothe concerns he had raised." "Aven's efforts are describedin VolumeI, Section IV.B.5,infra. 2. Kir l Dmitriev's Transtion-Era Outreach to the I tion Aven's description ofhis interactions with Putin is consistent withthe behavior ofKill Dmitrev,a Russian national who heads Russia's sovereign wealth fund and is closely connected to Putin. Dmitriev undertook effortsto meet members ofthe incoming Trump Administration in the months aftertheelection, Dmitiev asked close businessassociate who worked forthe United [Arab Emirates (UAE) royal court, George Nader, to introduce him to Trump transition officials, ‘and Nadereventually arranged a meetinginthe Seychelles between Dmitriev and Frik Prince, a “Trump Campaign supporter and associate of Steve Bannon.”In adltion,the UAEnational security advisor introduced Dmitriev to a hedge fund manager and fiend ofJared Kushner, Rick Gerson, in late November 2016, In December 2016 and January 2017, Dmitriey and Gerson worked on a proposalfor reconciliation between the United States and Russia, which Dmitriey implied he cleared through Putin, Gerson provided that proposal to Kushner before the inauguration, and Kushner later gave copies to Bannon and Seeretary ofState Rex Tillerson, @ Background Dmitriyis a Russian national who was appointed CEO ofRussi 's sovereign wealth fund, founded in 2011." Dmitriy reported the Russian DirectInvestment Fund (RDIF), when it ra“ose” directly to Putin and frequently referred to Putin as his DIF has co-invested in various projects with UAE sovereign wealth funds." Dmitriev regularly interacted with Nader, a senior advisor to UAE Crown Prince Mohammed bin Zayed Seren Te] uedelineates ie er tsfwwe< conc ae ple none vs rote sree, RRR °% Kirill Dmittev Biography, Russian Direct Investment Fund, available ar hitpsfdifzwing_person_dmitrievKirill, See also Overview, Russian Direct Investment Fund,available ct htplrdiwEng_Abou. ° Gerson 6/15/18 302, at L. See also, 2g, 12/14/16 Text Message, Ditieto Gerson; 1/9/17 Text Message, Dnitiev to Gerson, “7 US. Department of Justice Mole / Protected-tnder (Crown Prince Mohammed),in connection with RDIFs dealings with the UAE.” Putin wanted Dimitvev to be in charge ofboth the financial andthe politialrelationship between Russia and the Gulfstates, in part because Dmitriev had beeneducated inthe Westand spoke Englishfuenty.”™ [Nader considered Dmitriev to be Putin's interlocutor in the Gulf region, and would relay Dmitriev's views directlyto Crown Prince Mohammed.” Nader developed contacts witboth U.S, presidential campaigns during the 2016 election, and kept Dmitiey abreast of his efforts to do so.” According to Nader, Drtriev said that his and the government of Russia's preference was for candidate Trump to win, and asked Nader to fader did not Trump Campaign before the election.” Erik Princeis a businessman who had relationships with various individuals associated with the Trump Campaign, including Steve Bannon, Donald Trump Jt, and Roger Stone.* Prince did not have a formal role in the Campaign, although he offered to host a fundraiserfor Nader 1/22/18 302, at 1-2; Nader 1/23/18 302, at 2-3; 53/16 Email, Naderto Ph 9%Nader 1722/18 302, a 1-2 Nader 1722/18 302, a3, Note12218 30 Nate 228 2, Nader V/22/18 302, 3 5 Prince4/4/18 302, at 1-5; Bannon2/1418 302,a 21 148 US. Departmentof lustice ‘Trump and sent unsolicited policy papers on issues such as foreign policy, trade, and Russian lection interference to Bannon.!°% Aerthe election, Prince frequently visited transition offices at Trump Tower, primarily Bannon but on occasion to meet Michael Flynn and others."®" Prince and Bannon meetwith to ‘would discuss, inter alia, foreign policy issues and Prince’s recommendations regarding, who Should be appointed ol key national securpantons ©" Although Pice was nt formal affliated with the transition, ‘a received assurances that theincoming Adminseation cgnstlered Prea sted associate.” '. Kirill Dmniriev’s Post-Election Contacts With the IncomingAdministration ‘Soon after midnighton lection night, Dmitriev messaged Who was traveling to New. York to attend the 2016 World Chess Championship. Dmitry Peskov,the Russian Federation s press sccretany. who was also alending the World Chess Championship.'2" {At approximately 2:40 am. on November 9, 2016, news reports stated that candidate Clinton had called President-Elect Trump to concede, Ai wrote to Diiiey," 1 prince4/4/18 302, a1,3 Prince SIV18 302, at 2; Bannon 2/14/18 302, at 19-20; 10/18/16 Email, Prince to Bannon, 2 yan 11/20/17 302, at 6; Flynn 1/11/18 302,a ; Flynn 124/18 302, a 56; Flynn 5/1/18 302, 1; Prince4/4/18 302, at 5,8; Bannon 2/14/18 302, at 20-21; 11/12/16 Email, Prince to Coal. "8 Prince 4/4/18 302,a 5; Bannon2/14/18 302, at 21 Nader 1/20/18 302, ot 5-6; I US. DepartmentofJustice Merle Brodie MProtected-tnder ay: Crim Bbte} Laterthat morning, Dmitriy contacted Nader, who was in New York,to request a meeting with the “key people”in the incoming Administration as soon as possible in light ofthe “[g)reat results." He asked Nader to convey to the incoming Administration that “we want to start rebuilding the relationship in whateveris a comfortable pace for them, We understand all of the sensitivities and are not in a rush."Dmitrev and Nader had previously discussed Nader introducing him tothe contacts Nader had made within the Trump Campaign.""" Dmitiev also told Nader that he would ask Putin for permission to travel tothe United States, where he would be abe to speak to medioesabout the positive impactof Trump's eleston and the nec for reconciliation between the United States and Rus Laterthat day, Dmitiey flew to New York, where Peskov was separately traveling to the attend chess tournament.Dmitrev invited Nader tothe opening ofthe tournament and ‘notedthat,there was“a chanceto see anyone key from Trump camp,”he “would loveto start building forthe future."Divialso asked Nader to vite Kushnerto the event so that he (Dmitriev) could meet him.Nader did not pass along Dmitrie’s invitation to anyone connected withtheincoming Administration." Although one World Chess Federation offic recalled hearingfom anattendee that President-Elect Trump had stopped by the tournament, the investigation did notestablish thatTrump orany Campaign or Transition Team official attended the event.And the President's written answers deniedthat he had." [Nader stated that Dmitriev continued to press him to set up a meeting with transition officials, and was particularly focused on Kushner and Trump Je." Dmitriy told Nades that Putin would be very grateful to Nader thats meeting would make histor "61 Y9/16 Text Message, Dmnirev to Nader (9:34 am); Nader 1/22/18 302, a 4 "07 1 Y9/16 Text Message, Dmnirev to Nader (11:58pm). 18 Nader 122/18 302, a’. "9 11/9/16 Text Message, Dmiteiew to Nadex (10:06 asm); 119/16 Test Message, Ditiev to Nader (10:10 am.) m0 119/16 Text Message, Dmitiev to Nader (10:08 am.)11/9/16 Text Message, Dmitiev to [Nader (3:40pm); Nader 1/22/18 302,at5 ‘st 19/16 Text Message, Div to Nader (7:10 p.m). "2 11/10/16 Text Message, Dmnitev to Nader (5:20am). Nader 1/22/18 302,a 5-6, 21 Marinella 5/31/18 302, at 2-3; Nader 122/18 302, t 5-6. "2s writen Responses of Donald J. Trump (Nov. 20, 2018), at 17-18 (Response to Question V, Par (a) Na12)5,cc Once 263? TT 150 US. Department ofJustice Pm According to Nader, Dairiov Was Very and ‘anxious fo connectwith the incoming Administration told Naderthathe would try other routes to-do $0 besides Nader himself" Nader did not ultimately introduce Dmitiev to anyone associated withthe incoming Administration during Dmiriev's post-lection trip to New York.!”" In early December 2016, Dmitriev again broached the topic of meeting incoming ‘Administration officials with Naderin January or February.!"" Dmitriey sent Nader a lst of publicly available quotes of Dmitriev speaking positively about Donald Trump “in case they [were) helpful" Erik Prince andKirill DmitrievMeet in theSeychelles 4. George Nader andErik Prince Arrange Seychelles Meeting with Dmitriev "Nader traveled to New Yorkin early January 2017 and had lunchtime and dinner meetings with Erik Prince on January 3, 2017.!" Nader and Prince discussed Dmitriev."" Nader informed Prince that the Russians were looking to build a link with the incoming Trump Adminstaton "IMM Pine tat Drew had been pshing Nader o introduce him to someone fom the teoming, AdministtionPorn] 10" Nadersuggented gHoFPrinces ET Term ott tari and Drier meet i dscss ities of weston Feisty tral eocern. Princ od Nader ofa” Team Trastion wih cheek to rand abou eer ink to needed he that Afterhis dinner with Prince, Nader sent Princea link toa Wikipediaentry about Dmitrev, and sent Dmitrev a messagestating that he hadjust met “with some key people within te family ‘and inner cirele”—a reference to Prince—and thathe had spoken at length and positively about "0 Nader 1/22/18 302,a6. "0 Nader1/2/18 302, at$7, ‘12/8/16 Text Messages, Dntriev toNader (12:10:31 am); Nader 1/22/18 302,a 1 9 12/8/16 Text Message, Dmitriey to Nader (12:10:31 am; 128/16 Text Message, Dmtiev to Nader (12:10:57 am). 0" Prince 44/18 302, at 8 rine8 0: 131 US. Departmentof Justice WoreMay: Protected-Under Dmitrev.!™Nader told Dmittiev thatthe people he met had asked for Dmitriev's bio, and Dmitrey replied that he would update and send it!" Naderlaterreceived from Dmitrev two files concerning Dmitriey: one was a two-page biography, and the other was alist ofDmitriev’s positive quotes about Donald Trump.!°# ‘The next morning, Nader forwarded the message and attachments Dmiriev had senthim to Prince."Nader wrote to Prine that these documents were the versions “to be used with some additional details for them” (with “them” referring to members of the incoming ‘Administration).° Prince opened the attachments at Trump Tower within an hour ofreceiving them."Prince stated that, while he was at Trump Tower that day, he spoke with Kellyanne Conway, Wilbur Ross, Steve Mnuchin, and others while waiting to’see Bannon."Celbsite location data for Prince's mobile phone indicates that Prince remained at Trump Tower for proximately three hours.” Princesaid that he could not recall whether, during those th hours he met with Bannon and discussed Dmitiew with him. ee Prince booked a ticket to the Seychelles on January 7,2017.'°The following day, Nader ‘wrote to Dmitriev that he had a “pleasant surprise” for him, namely that he had arranged for Dmiteiev to meet “a Special Guest” from“the New Team,” referring to Prince." Nader asked Dmittiev ifhe could cometo the Seychelles forthe meeting on January 12, 2017, and Dmitriey agreed." The following day, Dmiviey sought asrance from Nate thatthe Seychelles esting would be worthwhile" [ea ‘was not enthusiastic aboutthe iden of nesting with Prince, and thet Ned r essere that Prince weldedinfluence with he incoming TO VN Text Message, NodesPine, 4/17 Tent Massages Nader o Dit(5:24 am. 5:26 am), Nader 1/22/18 30,»§ ra 11 4/7Text Messages, Nader & Dai(7.2427 am). 2 14/7Text Messages, Div to Nader (7:25-7.29am) 1/4/17 Tet Messages, NaderPies ov 4/7Text Messages, Neo PieI "9 prince S18 30,a1 "prince S18 302, a2 "Ceti action data or Pring's bitephoneEER "Prince 3/18 302, a3, "15/17 Email, Kasbo fo Prince. 911/17 Text Messages, Nader to Dmitiv (6:05 ~ 6:10pm). 1/9/17 Text Messages, Nader & Dmitiev (6:10 ~727 pam). "= 9/17 Text Message, Dmitiev to Nade. 132 US. Departmentof Justice Worle May- Protected-Cinder Administration.Nader wrote to Dmitiev, “This guy [Prince] is designated by Steve [Bannor to meet you! know him and he is very very well connected and trusted by the New Team. His sisteris now a Minister of Education."According to Nader, Prince had led him to believe that Bannon was aware ofPrince's upcoming meeting with Dmitiev, and Prince acknowledged that it as fair for Nader to think that Prince would pass information on to the Transition Team."®* Bannon, however, told the Office that Prince did not tell him in advanceabout his meeting with Dmitrev.2 4. The Seychelles Meetings Dmitivarrived with his wife in theSeychelleson January 11,2017, and checked into the Four Seasons Resort where Crown Prince Mohammed and Nader were staying."Princearived that same day.Prince and Dmitrev mat forthefist timethat afternoonin Nader's vill, with Nader present"? The inital meeting lasted approximately 30-45 minutes." Prince described the eight years of the Obama Administration in negative tems, and stated that he was looking forward to a ‘newera ofcooperation and conflict resolution.‘According to Prince, he told Dmitrev that Banionwaseffective if not conventional, and that Prince provided policy papersto Bannon.'** mma 205 O/T Text 8Sere Nate noa eS. 15I002 51518302, 0 "7 Bannon 2/4/18 302, 25-26. 1/10/17 Text Messages, Dmitiev & Nader (2:05:S¢—3:30:25 pm); /II/17 Text Messages, Dnitrev & Nader (2:16:16 5:17:59 pam). "1/717 Email, Kabo to Prince oo WALI Text Messages, Nader & Dmitiev (6:18:24 53 a "0 Prnge (5/18 302, a 4 a ver Bede! MayUS.6 Department ofJustice , Dontriev,and that I there S Bannon about his meeting with A =ll fed that he would Inform A interest in continuing the discussion, Bannon or someone else on the Transition Team would do Afterwards,Prince returned to his room, where helearned that a Russian airraft cari had sailed to Libya, whichled him tocall Nader and ask him to set up another meeting with Dmitriev.!" According toNader, Prince called and said he had checked with his associates back hhome and needed to convey to Dmitiev that Libya was “off the table." Nader wrote t Dmitriev thatPrince had “received an urgent message thathe needs to convey to youimmediately and arranged for himself, Dmitriev, and Prince to meet at a restaurant on the Four Seasons property." Princetold Pmitricv thatthe United States could not accept any 1 prince4/4/18 302, at 10; Prince 53/18 302,; ade 22/8 302Divew & Nader (9:13:54 11117 ess Messages, 1026:25 pany ree, Towever, dented i ovafed tat he was making ese remarks to Danfeiev notin an ofa capac forthe transitionbutb ‘on his experincea a former navalofficer. Prince 5/3/18 302, at4 1st U.S. Department of Justice /Breteeted Work After the brief second meeting concluded, Nader and Dmitriy discussed what had transpired. !Dmiteietold Nader that he wasdisappointed in his meetings with Prince for two reasons: first, he believed the Russians needed to be communicating with someone who had more authority within the incoming Administration than Prince had." Second, he had hoped to have 2 discussion of greater substance, sych as aflining n-stategic roadmap for both counts to Prince’ comets follow Dmiricwtold Nader that ‘were insulting] Hours after the second meeting, Prince sent two text messages to Bannon from the Seychelles." As described further below, investigators were unable to obtain the contentofthese brother messages between Prince and Bannon, and theinvestigation also did not identify evidence ofany further communication between Prince and Dmitriy after their meetings inthe Seychelles. ik. Erik Prince's Meeting with Steve Bannon ffer the Seychelles Trip After the Seychelles meetings,Prince told Nader that he would inform Bannon about his discussion with Dmitriev and would convey that someone within the Russian powerstructure was interested seeking betterrelations with the incoming Administration." On January12, 2017, Prince contacted Bannon's personal assistant to set up a meeting forthe following week" ‘Severaldayslater, Prince messaged heragain asking about Bannon's schedule"™° Prince sad thathe met Bannon at Bannon’s home after returning tothe United States in mid-January and briefed him about several topics, including his meeting with Dmitriev.!™ Prince told the Office that he explained to Bannon that Dmitriey was the head of a Russian sovereign ‘wealthfund and was interested in improving relations between the United States and Russia." Princehad on his cellphonea screenshot of Dmitriev’s Wikipedia page dated January 16, 2017, 1° Nader 1/2/18 302 at 15. 6I or 12718302, 15 Call Records ofik Princ 9 prince 44/18 302 a10;Pine5/18 302,rr ‘ou 112017 Text Messages, Prince to Preate "os 1/15/17 Text Message, Princeto Peat "Prince4/4/18 302,a 1; Prince5/18302, 5 "© prince 4/4/18 302, at 1 ; Prince 5/3/18 302, aS 155 US. Department ofJustice sherman toreMrton hterie-trteeted and Prince told the Office that he likely showed that image to Bannon."Prince alsobelieved he provided Bannon with Dmitiev's contactinformation. According wo Prine, Bannon instructed Prince not to follow up with Dmitriy, and Prince had the impression thatthe issue was not a priority for Bannon."® Prince related that Bannon did not appear angry, just relatively uninterested." Bannon, by contrast, tld the Officethat he neverdiscussed with Prince anything regarding Dmitrev, RDIF,or any meetings with Russian individuals or people associated with Putin." ‘Bannon alsostated thathad Prince mentioned such a meeting, Bannon would have rememberedit, and Bannon would have objected to such a meeting having taken place." ‘The conflicting accounts provided by Bannon and Prince could not be independently clarified by reviewingtheir communications, because neither one was able to produce any ofthe ‘messagesthey exchanged inthe time period surrounding the Seychelles meeting. Prince's phone contained no text messages prior to March 2017, though provider records indicate that he and Bannon exchanged dozensofmessages.'™ Prince denied deleting any messages but claimed he did not know why there were no messages on his deviee before March 2017." Bannon's devices similarly contained no messages inthe relevant time period, and Bannon also stated he didnot know why messages did not appear on his device." Bannon told the Office that, during both the ‘months before and afer the Seychelles meeting, he regularly used his personal Blackberry and personal emi for work-related communications (including those with Prince), and he took no steps o preserve these work communications.” Kirill Dmitrev's Post-Election Contact with Rick Gerson Regarding US.Russia Relations Dmitriev’s contacts during the transition period were not limited to those facilitated by Nader. In approximately late November 2016, the UAE national security advisor introduced Dmitriev to Rick Gerson,a friend ofJared Kushner who runs « hedge fund in New York.!®* Gerson stated he had no formal role in the ttansition and had no involvement in the Trump ™* Prince $/3/18 302, at 5;1/16/17 Image on Prince Phone(on file with the Office. = rine18302, a5 "Prine 59/18 302, a5. "pine 59/8302, a. °° Bannon 1072618 302, a 101, °° Bannon1726/18302 a 1011 °° cal Record ofEni rinET °° prince 44/8302 a6 2° anon1726/18 302 at 1; Banon 2/4/18 302036. © Bannon 1072618302a1 "© Gerson 6/5/18 302, at, 3; Dimitrov to Nader. 26/16 Text Message, Dmitievto Gerson; 1/25/17Text Message, 136 U.S, Department ofJustice Wore Meant etoeted ‘Campaign other than occasional casualdiscussions about the Campaign with Kushner.After the election, Gerson assisted the transition by arranging meetings for transition officials with former UK prime ministerTony Blair and a UAE delegation led by Crown Prince Mohammed." When Dmitviev and Gerson met, they principally discussed potential joint ventures between Gerson’s hedge fund and RDIF_Dmitiev was interested in improved economic, cooperation betweenthe United States and Russia and asked Gerson who he should meetwith in the incoming Administration who would be helpful towards goal." Gerson replied that he would try to figure out the best way to arrange appropriate introductions, but noted that confidentiality would be required because ofthe sensitivity ofholding such meetings before the new Administration took power, and before Cabinet nominees had been confirmed by the Senate" Gerson sad he would ask Kushneand MichaelFlynn who the "key person opeople” ‘wereonthe topes ofreconciliation with Russa,joint security concer, and economic matters." Dmittiev told Gerson thet he had been tasked by Putin to develop and execute @ reconciliationplan between the United States and Russia. He noted in a text message to Gerson thatif Russia was “approached with respect and willingness to understand our postion, we can have Major Breakthroughs quickly.”"* Gerson and Dmitiev exchanged ideas in December 2016 about what such a reconciliation plan would include!"Gerson told the Officethatthe Transition ‘Team had not asked him to engage in these discussions with Dmitiev, and that he did so on his ‘vin initiative and asa private citizen. On January 9, 2017, the same day he asked Nader whether meeting Prince would be worthwhile, Dmitrev sent his biography to Gerson and asked him ifhe could “share it with Jared {orsomeby he er erin th a) 30 that te know ha we at fe mo ie the relationship and my bossasked me to play a key role in that”! Dmitrev also fbkedGerson ithe knew Princ,and i Prince was somshody important or worth spending time % Gerson 6/5/18 302, at1 5 Gerson 6/5/18 302, at1-2;Kushner 4/11/18 302,a 21 5 Gerson 6/5/18 302, at 34; see, eg» 1/2/16 Text Messages, Dnittiev& Gerson;12/14/16Text Messages, Ditiev & Gerson; 1/3/17 Text Message, Gersonto Dmitey; 12/2/16 Email, Tolokonnikov to Gerson. "6 Gerson 615/18 302, at3; 12/14/16 Text Message, Dmitlevto Gerson, ‘12/14/16 Text Message, Gerson to Date "™12/14/16 Text Message, Gerson to Dmitiev: ‘0 12/14/16 Text Messages, Dit& Gerson; Gerson 6/5/18 302, 0 12/14/16 Text Messages, Dit& Gerson, 5 Gerson 6/18/18 302,a ‘0 1/97 Text Messages, Dmitiev to Gerson;1/917 Text Message, Dmitrev to Nader. 137 US, Department ofJustice MourkPragerSign teeta With.After his trip to the Seychelles, Ditriev told Gerson that Bannon had asked Prince to ‘meet with Dmittiev and thatthe two had ieda positive meeting On January 16, 2017, D S.-Russia reconiliation that he and Gerson had been discussing into a two-page documentthat listed five main points: (1) jointly fighting terrorism; (2) jointly engaging in anti-weapons of mass destruction efforts; (3) developing “win-win”economic andinvestmentinitiatives;(4) maintaining an honest, open, and ‘continualdialogue regarding issues ofdisagreement; and (5) ensuring proper communication and trust by “key people”from each country." On January 18, 2017, Gerson gave a copy’ ofthe document to Kushner." Kushner had not heard of Dmitriy at that time." Gerson explained that Dmitriey was the head of RDIF, and Gerson may have alluded to Dmitriev's being well connected." Kushner placed the document in a fle and said he would get it t the right people" Kushner ultimately gave one copy of the document to Bannon and another to Rex Tillerson; according to Kushner, neither of them followed up with Kushner about it" On January 19,2017, Dmitiev sent Nadera copy ofthe two-page document, tellinghim that this was “a view from out side that I discussed in my meeting on theislands and with you and with our friends. Please share with them — we believe thsi a good foundation to start fom.""” Gerson informed Dmitriev that he had given the documentto Kushner soonafterdelivering i On January 26, 2017, Dmitriy wrote to Gerson that his “boss"—an apparent reference to Potin—wasasking if there had been any feedback on the proposal." Dmitriev said, “[we do notwantto rush things and move ata comfortable speed. At the same time, my boss asked me to ity to havethe key US meetingsinthe next two weeks ipossible.”"He informed Gerson that Putin and President Tramp would speak byphone that Saturday, and noted tha hat information ‘was“very confidential." ‘The same day, Dmitriev wrote to Nader that he had seen his“boss” again yesterday who had “emphasized that this isa great priority for us and that we need tobuild communic 6 Gerson 6/5/18 302,a 4 2h 1/18/17 Text Messages, Dmitiev& Gerson 201 1/1617 Text Messages, Dmitiev & Gerson 2 Gerson 6/5/18 302, 3; Gerson6/15/18 302, t 2 100 Gerson 6/5/18 302, a 3. 6 Gerson 6/5/18 302 t 3; Gerson6/15/18 302, at 1-2; Kushner 4/11/18 302,a 22. 5 Gerson 6/5/18 302, a3 6 Kushner4/11/18 302, at 32 "8" 1/19/17 Text Message, Dmnitrey to Nader (11:11:56 am), 10" 1/1817 Text Message, Gerson to Dmitiev; Gerson 6/15/18 302,2. 14»{26117 Text Message, Dmnitrev to Gerson, "9 126117 Text Message, Dmnitrey to Gerson, "1 172617 Text Message, Dmnitrev to Gerson, 138, US. DepartmentofJustice Wore May: Protected channelto avoid bureaucracy."On January 28, 2017, Dmitriev texted Nader that he wanted “to see if ean confirmto my boss that yourfriends may use some ofthe ideas from the 2 pager sent you in the telephone call thatwill happen at 12 EST,"an apparent reference tothe call, scheduled between PresidentTrumpand Putin. Nader replied, “Definitely paperwas osubmited to Team by Rick and me, They took it seriously!"Ate thecall between President Trump and Putin occurred, Dmitriev wrote to Nader that “thecall went very well. My boss wants me to continue making some public statements that us [sic] Russia cooperation is good and important"Gerson also wrote to Dmitriev to say thatthecall had gone well, and Dmitiev replied that the documentthey had drafted together “played an important role.”"" Gerson and Dmitriev appeared to stop communicating with one anotherin approximately March 2017, when the investment deal they had been working on together showed no signs of progressing.” 3, Ambassador Kislvak's Meeting with Jared Kushner and Michael Flynn in ‘Trump Tower Following the Election On November 16, 2016, Catherine Vargas, an executive assistantto Kushner,received a request for a meeting with Russian Ambassador Sergey Kislyak."" That same day, Vargassent Kushner an email with the subject, “MISSED CALL: Russian Ambassador to the US, Sergey IWanovieh Kisiyak.. "Tho text ofthe email read, “RE: seting upatime to meet wou on 12/1, LMK how to proceed.” Kushner responded in relevant prt, “I think I do this one ~ confirm with Dimitri [Simes ofCNT]that thsisthe right guy:""™® After reaching outto a colleague of Simes at CNT, Vargas reported back to Kushner that Kislyak was“the best go-to guy for routine matters in the US,” while Yuri Ushakov, a Russian foreign policy advisor, was the contact for “more direeVsubstantalmater." Bob Foresman,the UBSinvestment bank executive who had previously tried to transmit to candidate Trump an invitation to speak at an economic forum in Russia,see Volume I, Section TV.A.L.dii, supra, may have provided similarinformation to the Transition Team. According to "1/26/17 Text Message, Dmitriy to Nader (10:04:41 pam). 1/28/17 Text Message, Dmitievto Nader(11:05:39 am.) 1 1/28117 Text Message, Naderto Dmitrev (11:11:33 am). 9%1/29/17 Text Message, Dmitievto Nader (11:06:35 am). 1/28/17 Text Message, Gerson to Daitiev; 1/29/17 Text Message, Dmnitrev to Gerson, Gerson 6/15/18 302, a4; 3/21/17 Text Message, Gerson to Dive. © StatementofJared C. Kushner to Congressional Comte ‘usher Smt”, a 6 (1/2417) (rite statementby Kushner to the Senate Judiciary Committe), 2 NOSC00004356 (11/16/16 Email, Vargato Kushner (6:44 p.m.) 0 NoSC00004356(11/16/16 Email, Kushner to Vargas (9:54 pm.) "811/7716 Email, Brown to Simes (10:41 eam); Brown 10/13/17 302, at 4; 11/17/16 Email, ‘Vargas to Kushner (1231:18), 159 US. Department ofJustice Hhank Protected: Foresman,at theend ofancarly December2016 meeting with incoming NationalSecurity Advisor Michael Flynn and his designated deputy (K.T. MeFarland) in New York, Flynn asked Foresman for histhoughts on Kislyak. Foresman had not met Kislyak but told Flynnthat,while Kislyak was an important person,Kislyak did not have a direct line to Putin." Foresman subsequently traveled to Moscow, inquired of a source he believed to be elose to Putin,and heard back from that soure that Ushakov would be theofficialchannelforthe incoming US. nationalsecurity advisor." Foresman acknowledged that Flynn had not asked him to undertake thatinquiry in Russia buttoldthe Office that he nonethelesfet obligated to report thinformationbackto Flynn, and that he worked to get a face-to-face mecting with Flynn in January 2017 so that he could do So." Email eorespondencesuggests that the meeting ultimately went forward," but Flynn has ro recollection ofitor of the earlier December meeting." (The investigation did notidentify evidenceofFlynn or Kushner meeting with Ushakov afterbeing given his name.!"™) Inthe meantime, although he had already formed the impression that Kislyak was not necessarily the right pointofcontact,"Kushner wentforward with the meeting that Kislyak had requested on November 16._It took place at Trump Tower on November 30, 2016."At Kushner’invitation, Flynn also atended; Bannon was invited but did notattend.“ During the ‘meeting, which lasted approximately 30 minutes, Kushner expressed a desire onthe part ofthe incoming Administration to start afresh with US-Russian relations." Kushner also asked Kislyak to identify the best person (whether Kislyak or someoneelse)with whom to direct future iscussions—someone who hed contact with Putin andte abilty to speak for him.! The three men also discussed U.S. policy toward Syria, and Kislyak floated the idea of ‘having Russian goneralsbrefthe ‘Transition Team on the topic using a secure communications line.!"™ fer Flynn explained that there was no secure line in the Transition Team offices, "8 Foresman 10/17/18 302, at 17. "3 Fopesman 10/17/18 302, at 17-18, "+ Foresman 10/17/18 302, a 18, "9 RMF-SCO-0000001S(1/517 Email, Foresman to Ateneio & Fiherty); RMF-SCO-00000015 (VS/17 Email, Faherty to Foresman & Atencio} "9/26/18 Attomey Profferftom Covington & BurlingLLP(reflected in email onfle withthe ome). "0 Vargas 414/18 302, 5 0 usher 11/1/17 302, at 4 80% AKIN_GUMP_BERKOWTTZ,0000016-019(11/29/16Email, Vargas to Kuznetsov). 2 lynn 1/11/18 302, a 2; NOS00004240 (Calendar Invite, Vargas to Kushner & Flynt), 28 Kushner Sit a 6, © Kushner Sit at 6; Kushner4/11/18 302,18. 16 Kushner Stat at 7; Kushner 4/11/18 302, at 18; Flynn 1/1/18 302,at 2. 160 US. DepartmentofJustice nd Contmn-idntenProtretebtinierted Kushner asked Kislyak if they could communicate using secure facilites at the Russian Embassy.)Kislyak quickly rejected that idea." 4. dared Kushner's Meoting with Sergey Gorkow On December 6, 2016, the Russian Fmbassy reached out to Kushner’s assistant to set up a second meeting between Kislyak and Kushner.* Kushner declined several proposed meeting dates, but Kushner's assistant indicated that Kslyak was very insistent about securing a second meeting."Kushner told the Office that he did nat want to take another meeting because he had already decided Kislyak was notth right channel for him to communicate with Russiaso he arranged to have oneofhisassistants, Avi Berkowitz, meetwith Kislyak in his stead." Although embassy official Sergey Kuznetsov wrote to Berkowitz that Kislyak thought it “important” to ith Mr. Kushner in person,"!™”Kislyak nonetheless agreed to mect instead with Berkowitz once it became apparent that Kushner wasunlikely to take a meeting, erkowitz met with Kislyak on December 12, 2016, at Trump Tower.'%° The meeting lasted only a few minutes, during which Kislyak indicated that he wanted Kushner to meet someone who had a direct line to Putin: Sergey Gorkov, the head of the Russian-government‘owned bank Vnesheconombank (VEB), Kushner agreed to mest with Gorkov."%" The one-on-one meetingtookplacethe nextday, December 13,2016, atthe Colony Capitalbuilding in Manhattan, where Kushner had previously scheduled mectings.!"2 VEB was (and is) the subject of Department of Treasury economic sanctions imposed in response to Russia's annexation ofCrimea."Kushnerdid not, however, recall anydiscussion duringhi meeting with Gorkov aboutthe sanctions against VEB of sanctions ‘more generally."Kushnerstated in aninterview that he didnot engage in any preparationfor 2 Kushner 4/11/18 302,a 18 "5 Kushner 4/11/18 302,a 18 6 Kushner Stmt_ at 7; NOSCOOO00123 (12/6/16 Ema, Vargas to Kushner (12:11:40 p.m.) "86Kushner 4/1/18 302, at 19; NOSCOO00OI30 (12/12/16 Email, Kushner to Vargas (10:41 pm), Kushner 4/1 /18 302, at 19; Kushner Stmt. at 7; DITEP_SCO_01442290 (12/6/16 Email, Berkowitz $e DITFP_SCO_01442200 (127/16 FaEo Beso(12:31:39 p.m). "8Berkowitz 1/12/18 302, at 7; AKIN_GUMPBERKOWITZ.000001-04 (12/12/16 Text “Messages,Berkowitz & 202-701-8532). "Kushner4/11/18 302, at 19; NOSCOODDO130-135(12/12/16 Email, Kushner to Berkowitz). "8 Kushner4/11/18 302, at 19; NOSCOOD0O130-135(12/12/16 Email, Kushner to Berkowitz). "8 Announcementof Treasury Sanctions on EntitiesWithin the Financial Services and Energy Sectors of Russia, Agalnst Arms oF Related Materiel Entities, and those Undermining Urvaine's ‘Sovereignty, United States Departmentofthe Treasury (ul. 16,2014), 8 Kushner4/11/18 302,at 20 161 US. DepartmentofJustice WorleProduitMay: rotected-tinder ‘the meeting and that no one on the Transition Team even did a Google search for Gorkov's name.!" [tthe start ofthe meeting, Gorkov presented Kushner with two gifts: a painting and a bag ofsol from the town in Belarus where Kushner's family originated."* ‘The accounts from Kushner and Gorkov differ as to whetherthe meeting was diplomatic or business in nature. Kushner told the Office thatthe meeting was diplomatic, with Gorkov expressing disappointment with U.S-Russia relations under President Obama and hopes for {improved relations withthe incoming Administration. "*” According to Kushner, although Gorkov told Kushnera litte bit abouthis bank and made some statements aboutthe Russian economy, the ‘wodid notdiscuss Kushner’s companies or private businessdealings ofany kind."(Atte time ‘of the meeting, Kushner Companies had a debt obligation coming due on the building it owned at (666 Fifth Avenue, and there had been public reporting both about efforts to securelending onthe property and possible conflicts ofinterest for Kushner arising out ofhis company's borrowing from foreign lenders."*) In contrast, in a 2017 public statement, VEB suggested Gorkov met with Kushner in Kshner's capacity as CEO of Kushner Companies forthe purpose ofdiscussing business, rather than as part of a diplomatic effort. In particular, VEB characterized Gorkov's meeting with Kushner aspart ofa series of“oadshow meetings” with “representatives of major US banks and business circles." which included “negotiations”and discussion ofthe “most promising business linesand sectors." Foresman, the investment bank executive mentioned in Volume 1, Sections IV.A.1 and 1V.B3, supra, told the Office that he met with Gorkoy and VEB deputy chairman Nikolay ‘Tsekliomsky in Moscowjust before Gorkov left forNew York to meet Kushner." According to Foresman, Gorkov and Tsekhomskytold him thathey weretraveling oNew Yorktodiseuss postclectonissues with U.S. financialinstitutions,thattheitrip was sanctioned by Putin,and thatthey ‘would be reporting back to Putin upontheir return." 5 kushner 4/11/18 302, at 19. Berkowitz, by contrast, stated tothe Oice that he had googled Gorko’s nameandtold Kushnerthat Gorkov appearedto be a banker. Berkowitz 1/12/18 302, at 8 "86 Kushner 4/11/18 302,a 19-20 4 Kushner Stmt. a 8. 388 Kushner Stmt. a8 "9So, eg, Peter Grant, DonaldTramp Son-in-LewJaredKushner CouldFace His Own Conflict ofInterest Questions, Wall Sret Journal (Nov. 29,2016). "60 patrick Roevell& Matthew Mosk, Rusian BankerSergeyGorkov Brushes offQuestions About Meeting with JaredKushner, ABC News (use 1, 2017). "08 Foresman 10/17/18 302,at 1 "6 Foresman 10/17/18 302, at 151 162 US. Department ofJustice Work PradesMy-Contai Brotected The investigation did not resolve the apparent conflict in the accounts of Kushner and Gorkoy oF deteemine whether the mecting was diplomaticin nature (as Kushnerstated),focused ‘on business (as VEB's public statement indicated), or whether it involved some combination of thosemattersorother matters. Regardless,theinvestigationdid not identityevidence that Kushner and Gorkov engaged in any substantive follow-upafter the meeting. Rather, few days after the meeting, Gorkov's assistant texted Kushner's assistant, “Ii please inform yoursidethatthe information aboutthe meeting had a very positive response!" ‘Overthe following weeks,the two assistants exchanged a handfulofadditionalcordial texts." On February 8,2017, Gorkov'sassistant texted Kushner’assistant (Berkowitz) to try to set up ‘nother meeting, and followed up by text at least twice inthe daysthat followed."** “According to Berkowitr, he didnot respond to the meeting request in lightofthe press coverage regarding ‘the Russia investigation,and didnot tell Kushner about the meeting request." 5. Pete Aven's OutreachEfforts tothe Transition Team In December 2016, weeks after the one-on-one meeting with Putin described in Volume I, Section IV.B.1.b, supra, Petr Aven attended what he described as a separate “all-hands”oligarch ‘meeting between Putin and Russias most prominent businessmen."As in Aven's one-on-one ‘meeting, a main topic ofdiscussion atthe oligarch meeting in December 2016 wasthe prospect of forthcoming U.S. evonomic sanctions." ‘After the December 2016 all-hands meeting, Aven tried to establish a connection to the ‘Trumpteam. Aven instructed Richard Burt to’ make contact with the incoming Trump ‘Administration, Bust was onthe board ofdirectors for LetterOne (L1), another company headed by Aven,and had done work for Alfa-Bank."" Burt had previously served as U.S. ambassador 10 Germany and Assistant Secretary ofState for European and Canadian Affairs, and one of his primary roles with Alfa-Bank and L1 was to facilitate introductions to business contacts in the United Statesand other Western countries," While at L1 board meeting held in Luxembourgi late December 2016, Aven pulled Burt aside and told him that he had spoken to someonehighin the Russian government who expressed "5 AKIN_GUMP_BERKOWIT7_0000011 (12/19/16 Test Message, Wanchenko to Berkowitz (6am). 1M AKIN_GUMP_BERKOWITZ.0000011 (12/19/16 — 2/16/17 Tent Messages, vanchenko & Berkowit) "NS AKIN_GUMP_BERKOWITZ,0000015 (2/8/17 Text Message, Ivanchenko to Berkowitz (10:41 am). "0 porkowitz 3/22/18 302, a ie NN212020 602978 0,002 163 US. Department ofJustice Work/ Protected interest in establishing a communications channelbetween the Kremlin and the Trump Transition ‘Team.!""" Aven asked for Burt's help in contacting membersoftheTransition Team." Although ‘Burt had been responsible for helping Aven build connections in the past, Burt viewed Aven’s request as unusualand outside the normalrealm ofhisdealings with Aven." Burt, who is a member ofthe board of CNI (discussed at Volume 1, Section 1V.A.4, supra)!" decided to approach CNI president Dimitri Sime for help facilitating Aven's request, recalling that Simes had some elaonship with Kushner."Atthe time, “Trump Transition Team,on Burs behalf, to appoint Burt U.S, ambassador to Russi, Burt contactd Stes y teen al sed ite coll range a meting with Kune to discuss setting up a high-level communications channel between Putin and the ineo ‘Adminisraton™” Simes told the Ofce that he declined and stated to But tht stingupsuch ‘8 channel was not a good ideain light ofthe media atention surrounding Russianinfluence in the US. presidentialelection." According to Simes, he understoodthat Burt was seeking a secret channel, and Simes did not want CNI to be seen as an intermediary between the Russi {government andthe incoming Administration." Based on what Simes had readin the media,he stated that he already had concernsthat Trump's business connestions could be exploited by Russi, nd Simes sid that he didnot want CNI to have any involvement o apparent involvement in facilitating any connection. In an email dated December 22, 2016, Burt recounted for Aven his conversation with Sime ‘Through a trusted third party,Ihave reached out to the very influential person I mentioned [Luxembourg concerning Project A. Thee isan interest and an understanding, forthe need to establish such a channel. But the individual emphasized that at this moment, with so much intense interest inthe Congress and the media over the question ofeyber-hacking, (and who ordered what), Project A was too explosivetodiscuss. The individual agreed to discuss it again after the New Year. I trust the individual's instinets onthis, p26 02 "0 ur 29/18 302, 4 Burt 29/18 302, at, "0Burt 29/18 302, 83, "0 Burt 29/18 302, 3, "0"Burt 29/18 302, a3; Simes327/18302, 4 Burt 29/18 302,a3; Simes 3/27/18 302, a4. "0 Simes 727/18 302, aS "im Simes 3/27/18 302, a 164 U.S, Department ofJustice Work Praduet/ Profeeted If this is unclear or you would like to discuss,don’thesitateto call."** According to Burt, the “very influential person” referenced in his email was Simes, and the reference to a “trusted third party” wasa fabrication, as no such third party existed. “Project A” ‘was aterm that Burt ereated for Aven’seffort to help establish a communications channel between ‘Russia andthe Trump team, which he usedin light ofthe sensitivitiessurrounding what Aven was requesting,especially in light ofthe recentattentionto Russia'sinfluence in the US. presidential lection."According to Bur, his report that there was “interest”in a communications channel reflected Simes's views, not necessarily those of the Transition Team, and in any event, Burt acknowledged that he added some “hype” to that sentence to makeit sound like there was more interest fom the Transition Team than may have actually existed!" Aven replied to Burt's email on the same day, saying “Thank you, All clear.” Accordingto Aven,this statement indicatedthathe did not want the outreach to continue. '"™ Burt make coact with the Tum team, about his temptft foa SomeGatimethe theetier spoke to ‘ven current covionmentmade explaining to Aven aor sur dd not real dncning Aves request WASITS AT, Ne peel speeng to anyone else about the equest!™ In thefirst quarter of 2017, Aven met again with Putin and other Russian officials.!'" At he Trump Administration that metingPin asked about Aven’ tempt to buld rations with ? i and Aven ecouned his ack ofsuccess." BRRPin comin nue wt ey ere one Be TP iisration in several subsequent quarterly meetings." [Avenalso told Putin's chefof staffthat he had been subpoenaed by the FBI! Aspart ‘of thatconversation, he reported that he had been asked by the FBIabout whether he had worked to create a back channel between the Russian government and the Trump Administration.® 1812/22/16 Email, Burt to Aven (7.23 pam), 1 ut 29/18 302, 03, 1 rt 29/18 302, 23-4 2 12/22/16 Email, Aven to Bur (4:58:22 pam). "9 Aven82/18 302, 7 ure 29/18 302,23-4 * Aven 8/2/18 302,a7 um gre 8a 165 US, Department ofJustice ore Pret eteeted According to Aven, the officialshowed no emotionin response to this report and did not appear tocare. 6, Carter Page Contact with Deputy Prime Minister Arkady Dvorkovich In December 2016, more than two months after he was removed ffom the Trump Campaign, former Campaign foreign policy advisor Carter Page again visited Moscow in an ‘According to Konstantin Riimnik, Paul Manafort's Page also gave some tdividuals in Russia the impression that he had maintained his connections to President-Elect Trump. In a December 8, 2016 email intended for Manafort, Kilimnik wrote, “Carter Pageisin Moscow today, sending messages he is authorized totalk to Russia on behalfofDT ona range of issues of mutual interest, including Ukraine." On December 8,2016, Page went todinner with NES employees Shlomo Weber and Andee} Keickovie!™" Weber had contacted Dvorkovich to let him know that Page was in town and toinvite him to stop bythe dinner he wished todo so, and Dvorkovichcametothe restaurant fora few minutes to meetwith Page." Dvoskovich congratulated Pageon Trump's electionand expressedinteresin starting a dalogue betweenthe United States and Russia." Dvorkovich asked Pageif he could facilitate connecting Dvorkavih with individuals involved inthetransition to begin a discussion offuture cooperation." ge 10170 ee Ton other meetings Page contaciedAniey Barinoy, head of ves a Rese, an Tey iced thesaleot Rowe and meetings Baranoyhd tended with Rosen CEO igor Sein, 10” Weber 7/2817302 at Page 3/16/1730,5: 166 US. DepartmentofJustice [Dvorkovich separately discussed working together in the future 7. Contacts Wi yough Michael T. Flvan Incoming National Security Advisor Michael Flynnwas the Transition Team's primary conduit for communications with the Russian Ambassadorand dealt with Russia on two sensitive matters during the transition period: a United Nations Security Council yote and the Russian {government's reaction tothe United States's imposition of sanetions for Russianinterference in the 2016 election,” Despite Kushner's conclusion that Kislyak did not wield influenceinside the Russian government,the Transition Team turned to Flynn’s relationship with Kislyak on both issues. Astothe sanctions, Flynn spoke by phoneto K.T. MeFarland, his incoming deputy, to prepare for his call to Kislyak; MeFarland was with the President-Elect and other senior ‘members ofthe Transition Team at Mar-t-Lago atthetime, Although transition officials at Mar= ‘-Lago had some concernaboutpossible Russian reactions tothe sanctions, the investigation did notidentify evidence that the President-Elect asked Flynn to make any request to Kislyak. Flynn asked Kislyak not toescalate the situation in response to U.S. sanctionsimposed on December 29, 12016,and Kislyak laterreported to Fiynn that Russia acceded to that request. 4 , UnitedNations Vote on Israeli Settlements On December 21, 2016, Egypt submitted a resolution to the United Nations Secutity ‘Councilcalling on Israelto cease settlement activitiesin Palestinian terrtory.!® ‘The Security ‘Council, which includes Russia, was scheduled to vote on the resolution the following day.” There was speculation in the media that the Obama Administration would not oppose the resolution." "80As discussed further in Volume I, Section V.C.4,ina, Flynnpleaded uilty o making false statementsto the FBI,in violationof 18 US.C. § 1001, about these communicationswith Ambassador Kislyak, Plea Agreement,United States». Michael T. Fn, No. 1:17--232(D.DC. Dee. 1, 2017), Doc 5. Flynn's plea agrocment required that he cooperate with tis Office, and testatements ffom Flynn in this report reflect his cooperationover the coursofmultiple debrefings in 2017 and 2018. "2Karen DeYoung, How the U.S. Came toAbstain on a U.N. Resolution Condemoing Israeli Settlements, Washington Post (Dec. 28, 2016). "2Karen DeYoung, How the U.S. Came foAbstain on a U.N. Resolution Condemning Israeli Seatlements, Washington Posi (Dec. 28, 2016 "2pfichelle Nichols & Lesley Wroughton,US. Intended oAllow Passage ofUN. Draft Critical oflrael, Reters (Dee. 21, 2016) 167 US. Department ofJustice Worle May-Cenian- Protected According to Flynn, the Transition Team regarded the vote as a significant issue and ‘wanted to supportIsrael by opposingthe resolution!" On December22,2016, multiple members cof the Transition Team, as well as President-FlectTrump, communicated with foreign government ‘officialsto determine their views on the resolution and to rally support to delay the vote or defeat the resolution? Kushnerled the effort forthe Transition Team; Flynn was responsible forthe Russian government."Minutes after an early morning phonecall with Kushner on December 22,Flynn called Kislyak.'*"" According to Flynn, he informed Kislyak about the vote and the ‘Transition Team's opposition totheresolution, and requested that Russia vote against ordelaythe resolution." Laterthatday, President-ElectTrump spoke with Egyptian President Abdel Fatah al-Ssi about the vote.* Ultimately, Egypt postponedthe voe.""” (On December 23,2016, Malaysia, New Zealand, Senegal, and Venezuela resubmitted the resolution." Throughoutthe day, members ofthe Transition Teamcontinued to tak with foreign leaders about the resolution, with Flynn continuing to lead the outreach with the Russian ‘government through Kislyak.!” When Flynn again spoke with Kislyak, Kislyak informed Flynn that ifthe resolution came to a vote, Russia would not vote against it! “The resolution later passed 14-0, with the United Statesabstaining." 4U. janctions AgainstRussia Flynn was alsthe TransitionTeam member who spoke with the Russian government when the Obama Administration imposed sanctions and other measures against Russia in response to Russia's interferencein the 2016 presidentialelection. On December 28, 2016, then-President ‘Obama signed Executive Order 13757, which took effect at 12:01 a.m.the foliowing day and "86 Flynn 11/16/17302, a 125Flynn 11/1717 302,a2. "88 plynn 11/16/17 302, a 12-14;Flynn 11/1/17 302,a2. "2ptynn 11/16/17 302,at 12-14; Flynn 11/17/17 302, at; Kushner 1/1/17 302 at 3; 12/22/16 Email, Kushnerto Fiynn; 1222/16 Email, McFarland 0 I ot i. "3Flynn 11/1617 302 a 13; Call RecoofMiche! T, FynEE "ts StatementofOffense §3(8), United Slates v. MichaelT: Flynn, No, 1: 17-0232 (D.D.C. Dec. 1, 2017), Doe. 4 ("hn Statement ofOffense”) Flynn L1/1617 302, at12-13. "86 Flynn 11/1917 302,a2; Flynn L1/16017 302at 13. "2 U.N, Vote on IraeSettlementPostponed, "PotentiallyInfinitely", Reuters (Dec. 22,2016) 9 Somini Sengupta & Rick Gladstone, Rebufing Israel, U.S. Allows Censure Over Setlements, [New York Times (Dee. 23,2016). "2 yan 1/16/17 30, at 12-14; Kushner 11/1/17 302,a3; 1272/16 Email, Flynnto Kushner et a "20 pryStatementof Offense $3). "21 jerael’s Settlements Have No Legal Validity, Constiue Flagrant Violation ofInternational Law, Security Council Reafrms, 7853ré Meeting(PM), United Nations Security Council (Dee 23, 2016). 168 US. Department ofJustice Wonk Brteted-tinder imposed sanctions on nine Russian individuals and entities.On December 29, 2016, the Obama Administration also expelled 35 Russian government officials and closed two Russian {government-owned compoundsin the United States. During the rollout of the sanctions,President-Elect Trump and multiple Transition Team senior officials,including McFarland,Steve Bannon, and ReincePriebus, were staying atthe Mar‘-Lago clubin Palm Beach, Florida, Flynn was on vacation in the Dominican Republic,but ‘was in daily contactwith McFarland. ‘The Transition Team and President-lect Trump were concerned that these sanetions ‘would harm the United States's relationship with Russia.Although the details and timing of sanctions were unknown on December 28, 2016, the media began reporting that retaliatory ‘measuresfrom the Obama Administration against Russia were forthcoming.'™"" When asked about imposing sanctions on Russia for its alleged interference in the 2016 presidential election, President-ElectTrump told the media “Ithink we ought to get on with our lives.”22* Russia initiated the outreach to the Transition Team. On the evening of December 28, 2016, Kislyak texted Flynn, “ean you kindlycalle back at your convenience."Flynn did not respond tothe text message that evening. Someonefromthe Russian Embassy also called Fynn the next moring, at 10:38 aum. but they did not tlk.” ‘The sanctions were announced publicly on December 29, 2016."At 1:53 pam. that day, McParland began exchanging emails with multiple Transition Team members and advisors about the impactthesanctions would have onthe incoming Administration."At2:07 pam., Transition ‘Team member texted Flynn a link toa New York Times article about the sanetions."®? At 2:29 "3Taking Additional Slope to Address the National Emergency With Respect 0 Significant Malicious Cyber-Enabled Activites, The White House,Officeofthe Press Secretary (Dee. 29,2016). "=Syatementby the Presidentom Actions in Response to Russlan Malicious Cyber Activity and Harassment, The White House, Office ofthe Press Secretary (Dee. 29,2016). 22ptynn 11/167 302,a 4; MePatland 12/22/17 302,at 3-8;Bannon 2/12/18 302,tS 225 plynn 11/17/17 302,a 5; Flynn 1/19/18 302, at 1; McFarland 11/22/1730239. "36 Flynn LL/17/17 302, 3, "=Christine Wang, UStoannouncenew sanctions againstRusiain respanseto election hacking, CNBC (Dee. 28, 2016), "2John Wagner, Trump om alleged eletion interference by Russa: “Gat on with our live ‘Washington Post (Dee. 29, 2016). "2$0000 (12/28/16 Text Message, Kislyak to Flynn) © Call RecordsofMicha! Fy "8Plynn 11/1717 302, a2-3; MeFarland 12/22/17 302, 4-5. "=12/29/16 Email, MeFaviand to O'Brien et l; 12/29/16 Email, MeFarland to Flynn etal "=sp000001(12/29/16 Text Message, Flaherty to Flynn}. 169 US. Department ofJustice ‘Attormey-Worle Product) Protected pm, McFarland called Flynn, but they did notalk."™* Shorly thereafter, McFarland and Bannon discussed the sanctions." According to McFarland, Bannon remarked thatthe sanctions would hurttheir ability tohave good relationswith Russia,andthat Russian escalation would make things ‘more dificult.* McFarland believed she told Bannonthat Flynn was scheduledto talk to Kislyak later that night." McFarland also believed she may have discussed the sanctions with Priebus, ‘and likewise told him that Flynn was scheduled to talk to Kislyak that night.At 3:14 pm, Flynn texted a Transition Team member who was asisting McFarland, “Time for a call???" ‘The Transition Team member responded that McFarland was on the phone with Tom Bossert, a ‘Transition Team seniorofficial, which Flyn responded, “Tit fortatw Russia notgood. Russian 'AMBOreaching out to me today." Flynn recalled that he chose notcommunicate with Kislyak about the sanetions until he hhad heard from the team at Mar-Lago.""He first spoke with Michael Ledeen," a Transition ‘Team member who advised on foreign poliey and national security matters, for 20 minutes."*° Flynn then spoke with McFarland for almost 20 minutes to discuss what, if anything, to ‘communicate to Kislyak about the sanctions.** Onthatcall, MeFarland and Flynn discussed the sanction, including their potential impactonthe incoming Trump Administration's foreign policy goals!” MeFarland and Fiynn alsodiscussed that Transition Team membersin Mar-a-Lago did not want Russia to escalate the situationThey both understood that Flynn would relay a message to Kislyakin hopesof making sure the situation would not gt out ofhand.” Cal ReconofKT MeFon "0 MeFarland 12/22/17 302,a5-6 "2MeFarand 12/22/17 302,a 5-6 "2MeFarland 12/22/17 302, at 6 "9 MeParland 12/22/17 302,a6 "= sF000001(12/29/16 Text Message,Flynn to Flaherty). "= s000001(12/29/16 Text Message,Fyn to Flaherty) "2plynn 1120/17 302,a3. ‘©MichaelLedeenis maried to Barbara Ledeen, the Senate staffer whose 2016 efforts to locate Hillary Clinton's missing emails are desribed in Volume i, Section ILD2, supra 2 lynn 11/1717 302,at 3; Cll Recon ofMicha! es 4 Flynn 1/17/17 302, at3-4; Flynn Statement ofOffense $540; Call RecoofKT McFarland (RUDRA 1 esosotchat Fy "8 yan LU/IT/17 302, a 3-4 "3Fyn LI/ITINT302, 83 ; Fyn Statement ofOffense 36); MeFarland 1222/17302, a "2Flynn L1/17/17 302, a4; MeFarland 1222/17 302, t 6-7. 170 US. DepartmentofJustice Shor rodesey Beteeted Immediately after speaking with McFarland, Flynn called and spoke with Kislyak.'™* Flynn discussed multiple topics with Kislyak, including the sanetions, scheduling a video teleconference between President-ElectTrump and Putin,an upcoming terrorism conference, and Russia's views about the Middle East!” With respect to the sanctions, Flynn requested that Russia not escalate thesituation, notgetinto a “tit for tat,” and only respond tothe sanetions in a rocal manner." “Muiple Transition Team members were aware thatFlynn was speaking with Kislyak that day. In addition to her conversations with Bannon and Reince Priebus, at 4:43 p.m., MeFarland Sent an emailto Transition Team members about the sanctions, informing the group that “Gen [Fllyna is talking to russian ambassador this evening.""" Less than an hour later, MeFarland briefed President-Elect Trump. Bannon, Pricbus, Sean Spicer, and other Transition Team members, were present.During the briefing, President-ElectTrump asked McFarland if the Russians did “" meaning the intrusions intended to influence the presidental election." MeFarland said Trump expressed doubt that it was the Russians." MeFarland also and President-Elect ‘yes, discussed potential Russian responses to the sanctions, and said Russias response would be an indicatorof what the Russians wanted going forward."President-Elect Trump opined that the sanetions provided him with leverage to use with the Russians. McFarland recalled that atthe end ofthe meeting, someone may have mentioned to President-Elect Trump that Fiynn was speaking tothe Russian ambassadorthat evening” ‘Afterthebriefing, Flynn and McFarland spoke overthe phone." Flynn reported on the substance ofhis eall with Kislyak, including their discussion ofthe sanctions.” According to MeFarland, Flynn mentioned thatthe Russian response to the sanctions was not going to be escalatory because they wanted good relationship with the incoming Administration “MeFarland also gave Flynn a summary ofher recent briefing wth President-Elect Tramp. "24 Flynn Statement ofOffense3(). ‘86Flynn I/IT/7 302,at 3-4; Flymn Statement of Offense 3(¢); 1230/16 Email, Flynn to MeFarland, 2° plyan IIA17302,a; Fyn Statement ofOffense 4318) 1929/6 Email, MeFaland to Flynn otal 9 1220/16Email, Westerbout to Flaherty; MeFarand 1272/17 302, 7. 29 MeFaand 12/2/17 302, 7. 2 MeFaand 12/2/17 302, 7. 255 MeFaand 12/2217 302, a7. 9 arian 1222/17 302, a7 127 MePaand 12/2/17 302, a7. "9 arian1222/17 30, a7 "©Fyn 1/1717 302,a4 Fm Statement ofOse3). 1 pfcFarlnd 1222/17 302,a8 2m yeFaland 122217302, a8 m US. DepartmentofJustice Wire BarnetSe Hip ‘The next day, December 30,2016, RussianForeign Minister Sergey Lavrov remarkedthat Russia would respondin kind othe sanctions.Putin superseded that commenttwo hours later, releasing a statement that Russia would nottake retaliatory measures in responseto the sanctions at that time." Hourslater President-Elect Trump tweeted, “Great move on delay (by V. Putin)" Shortly thereafter, Flynn sent text message to McParland summarizing his cll with Kislyakfrom the day before, which sheemailed to Kushner, Bannon, Priebus, andotherTransition ‘Team members.® The text message and email did not include sanctions as one ofthe topics discussed with Kislyak.""* Flynn told the Office that he did not document his discussion of sanctions because it could be perceived as getting in the way of the Obama Administration's foreign policy. On December 31, 2016, Kislyak called Flynn and told him the requesthad been recived at thehighest levels and that Russa had chosen not to retaliate tothe sanctions in response tothe request"Two hours later, Flynn spoke with MeFarland and relayed his conversation with Kislyak" According to McFarland, Flynn remarked that the Russians wanted 2 better relationship and thatthe relationship was back on track.” Flynn also told MeFarland that he belived his phone call had made a difference.” MeFarland recalled congratulating Flynn in response." Flynn spoke with other Transition Team members that day, but does notrecall whether they discussedthe sanctions." Fiynn recalled discussing the sanctions with Bannon the next day andthat Bannon appeared to know about Flynn's conversation with Kislyak."* Bannon, "88 Comment by Forelgn Minster Sergey Lavrov on recent US sanctions and the expuision of Russian diplomats, Moscow, December 20, 2016,The Ministy ofForeign Affairs oftheRussian Federation (Dee. 30,2016 (632 am). "28Siatementofthe President ofthe Russlan Federation, Kre in, Office ofthe President (Dee. 30, 2016 (7:15 am) "96 @realDonaldTrump 12/3116(1:41am.) Tweet. "3612/30/16 EmailFlynn to McFarland; 1230/16 Email, MeFarland to Kushner etal, 12/30/16 Email, MeFarland to Kushner et 29Flynn 1/17/17 302, 84 a Flynn 11/17/17 302,at 1; “** Call Records ofMichaelT. .an Flynn 1/1917 302, at 3; FlyStatement ofOffense 318) Pe cal econ ofihe.To 0709 30 lynn 1/19/17 302, at 3; MeFaland 12/22/17 302, "2 eParland 12/22/17 302, at 10. 1 eParland 1222/17 302, at 10. "2MePavand 12722/17 302, at 10. "2 Flynn LIVIT/I7302, at 5-6 "Flynn 11/21/17 302, at 1; Flynn 11/20/17 302, at 3; Flynn 1/19/17 302, at ; Flynn Statement ofOffense $30) In US. DepartmentofJustice iMod Protected-tinder May-Contei Fed Pte} {or his par, recalled mesting with Flynn that day,but said that he did not remember discussing sanctions with him.” Additionalinformation about Flynn’s sanetions-elated discussions with Kislyak,and the handling ofthose discussions by the Transition Team and the Trump Administration,is provided in Volume Iofthis report. In sum,the investigation established multiple links between Trump Campaign officialsand individuals ted tothe Russian government. Those links included Russian offers ofassistance to the Campaign. Insome instances,the Campaign wasreceptivetothe offer, while in otherinstances the Campaign officials shied away. Ultimately, the investigation did not establish that the Campaign coordinated or conspired with the Russian government in its election-interference activities, "© Bannon 2/12/18 302, a9, m US. DepartmentofJustice Protected-Uinder / orl \V. PROSECUTION AND DECLINATION DECISIONS ‘The Appointment Order authorized the Special Counsel's Office “to prosecute federal OLC Op. at 257.36 (“A grand jury could continue to gatherevidence throughout the period of immunity", * OLC Op. at 255 ("Recognizing an immunity from prosecution fora siting President would not preclude such prosecution once the Presidents term is over or he is otherwise removed from office by ‘resignation or impeachment”) US. DepartmentofJustice Mork / Protected-nder Contai Material safeguardingthe integrity of the criminal justice system, we conducted a thorough factual investigation order to preserve the evidence when memories were fresh and documentary ‘materials were available, Third, we considered whether to evaluate the conduct we investigated under the Justice Manualstandardsgoverningprosecutionand declination decisions, but wedetermined notto apply an approach that could potentially resultin ajudgmentthatthe President commited crimes. ‘The threshold step under the Justice Manual standards is to assess whether a person's conduct “constitutesa federal offense." USS. Dep't ofJustice, Justice Manual § 9-27.20 (2018) (Justice Manual). Faimess concernscounseled againstpotentially reachingthatjudgment when no charges ‘ean be brought. The ordinary means for an individual to respond to an accusation is through a speedy and public tral, with all the procedural protections that surround a eriminal case. An individual who believeshe was wrongly accused can use that process to seck to clear his name. In contrast, a prosecutor’judgmentthat crimes were commited,but that no chargeswillbe brought, affords no such adversatialopportunity for public name-clearing before an impartial adjudicator> “The concems about the faimess of such a determination would be heightened in the case ‘of siting President, where a federal prosecutor's accusation ofa rime, even inan internal report, ‘could carry consequences that extend beyond the realm of criminaljustice. OLC noted similar ‘concems aboutsealedindictments. Even ifan indictment were sealed during the Presidents term, ‘OLC reasoned, “it would be very difficult to preserve [an indictments} secrecy,” and if an indictment became public, “[!Jhe stigma and opprobrium” could imperil the Presidents ability to ‘gover.”® Although a prosecutor's internal report would not representa formal public accusation akin to an indictment, the possibilty ofthe reports public disclosure and the absenceofa neutral adjudicatory forum to review its findings counseled against potentially determining “that the person's conductconstitutesa federaloffense.” Justice Manual § 9-27.220, Fourth, ifwe had confidence after a thorough investigationofthe facts that the President clearly did not commit obstruction ofjustice, we would so state. Based on the facts and the applicable legal standards, however, we are unable to reach that judgment. The evidence we obtained about the President's aetions and intent presents difficult issues that prevent us from conclusively determining that no criminal conduct ocurred. Accordingly, while this report does notconclude that the President committed a erime,i also dees not exonerate him. ‘Thisreport on ourinvestigation consists offour pars. Section I provides an overview of cbstruction-ofjustice principles and summarizes certain investigatory and evidentiary considerations. Section II sets forth the factual results of our obstruction investigation and analyzes the evidence. Section III addresses statutory and constitutional defenses. Section IV states our conclusion. * For that reason, eticisms have becn lodged against the practice of naming unindicted coconspiratorsin an indictment. See UnitedStates v. Briggs, S14 F-24794, 02(Sth 1975) (“The courts have stuck down with stronglanguage efforts by grand juries to accuse personsof crime while affording them no frum in which to vindicate themselves; see alsoJustice Manual 911.130. *OLC Op. «1259 & 1.38 (cation omit). USS. Department ofJustice Worle // Protected EXECUTIVE SuMMARY To VoLUME TT ‘Our obstruction-ofjustice inquiry focused on a series of actions by the President that ‘elated to the Russian-interferenceinvestigations, inludingthe President's conduct towardsthe law enforcementofficials overseeing the investigationsandthe witnessesto relevant events. FACTUALRESULTS OF THE OBSTRUCTION INVESTIGATION “The key issues and events we examined includthefollowing: TheCampaign's responseto reports about Russian supporfor Trump. Daring the 2016 presidential campaign, auesions arose about the Russian goveramen’s aparent support for andidate Trump. After Wikieaks released politically damaging Democratic Party emalthat were reprtd to have been hacked by Rusiy Trump publily expressed skepticism that Russia was responsible fr the hacks athe sametimethat he and ther Campaign ofa pivatly tought information about any farther planned WikiLeaks Tekass. Trump alsa dented having any business hor connections fo Russia, eventhough aae {5 June 2016 the Trump Organization had been pursuing a licensing delfor «skyscraper to be builtin Russia called Trump Tower Moseow. Afr the election, the Presidenexpressed concerns to advisors thatreports of Russia's clestion interference might lead the public To questionthe legitimacy ofhis election Conduct involving FBI Director Comey and Michael Fiynn. In mid-Ianvary 2017, incoming National Security Advisor Michael Flynn falsely denied to the Vice President, other ‘administration officials, and FBI agents thathe had talked to Russian Ambassador Sergey Kislyak about Russia's response to U.S. sanctions on Russia for its election interference, On January 27 the day aftrthe President was told that Flynn had lied to the Vice Presidentand had made similar satements tothe FBI,the Presidentinvited FBI Director Comey to a private dinner atthe White House and told Comey that he needed loyalty. On February 14, the day after the President requested Flynn’ resignation, the President told an outside advisor, “Now that we fired Flynn, the Russia thing is over.” The advisor disagreed and sad the investigations would continue. Later thatafternoon,the Presentcleared the Oval Office to have a one-on-one meeting Referring to the FBI’s investigation ofFlynn,the President said, “I hope you can Comey. with seeyourway claro letng this got letng Flynn go. He is good guy. Thope you can et this Shonafer eueing Fos eignton nd peng pity o Cae he Pret soughtto have Deputy NationalSecurity Advisor K.T. MeFatland draft an intemalletter stat thatthePresidenhad not dered Fyn odseuss sanctionswith Kislyak. Marland declined because she did not know whetherthat was true, and a White House Counsel’s Office attorney thought thatthe request would look like a quid proquoforan ambassadorship shehad beenoffered The President's reaction 10 the continuing Russia investigation. 1n February 2017, ‘Attorney General JefT Sessions began to assess whether he had to recuse himself from campaign related investigations because ofhis role in the Trump Campaign. In early March,the President told White House Counsel Donald MoGahn to stop Sessions ffom recusing. And after Sessions announced his recual on March 2, the Presidentexpressed anger a the decision and told advisors that he should have an Attomey General who would protect him. That weekend,the President took Sessionsaside at an event and urged him to “unrecuse.” Later in March, Comey publicly 3 US. Department ofJustice Worle Brod! Brotected-tinder disclosed at a congressional hearing thatthe FBI was investigating “the Russian government's ‘efforts to interfere in the 2016 presidential election,” including anylinksoF coordination between the Russian government and the Trump Campaign. In the following days, the President reached ‘ut to the Director of National Intelligence and the leaders ofthe Central Intelligence Agency (CIA)and the NationalSecurity Agency (NSA) to ask them whatthey could do topubliclydispel the suggestion thatthe President had any connection to the Russian election-intrferenee effort ‘The Presidentalso twicecalled Comey directlynotwithstanding guidance from MeGabn to avoid direct contacts with the Department ofJustice. ‘Comey had previously assured the President that ‘the FBI was not investigating him personally, and the President asked Comey to “lift the cloud” ‘of the Russia investigation by saying that publicly The President's termination of Comey. On May 3, 2017, Comey testified in a ‘congressional hearing, but declined to answer questions about whether the President was personally under investigation. Within days, the President decided to terminate Comey. The Presidentinsisted tat the terminationlete,whichwaswritten for publirelease, state that Comey had informed the President that he was not underinvestigation. ‘The day ofthe firing, the White House maintained thatComey’s termination esulted feom independent recommendationsfrom the Attorney Generaland Deputy Attorney Generalthat Comey should bedischarged for mishandling the Hillary Clinton email investigation. Butthe President had decided to fire Comey before hearing from the DepartmentofJustice. The day after firing Comey, the President told Russian ‘officials that he had “faced great pressure because of Russa,”which had been “taken off”by Comey’sfring. The next day,the President acknowledged in a television interview thathe was soing to fire Comey regardless ofthe Department oflustie’s recommendation and that when he “decided tojustdoi,”hewas thinking that “this thingwith Trump and Russia isa made-upstory.” In response to a question about whether he was angry with Comey about the Russia investigation, the President said, “As far as I'm concerned, wantthat thing to be absolutely done properly,” audding that fring Comey “might even lengthen out theinvestigation.” The appointment ofa Special Counsel andefforts to remove On May 17, 2017, the ‘Acting Attomey General forthe Russia investigation appointed a Special Counselto conduct the investigation and related matters. The President reacted to news that a Special Counsel had been appointed by telling advisors that it was “the end ofhis presidency” and demandingthatSessions resign. Sessions submitted his resignation, but the President ultimately did not accept it. The President told aides thatthe Special Counselhad conflicts ofinterest and suggested thatthe Special Counseltherefore could not serve. The President's advisors told him the asserted conflicts were meritless and had already been considered by the Department ofJustice. (On June 14, 2017,the media reported thatthe Special Counsel's Office was investigating whether the President had obstructed justice. Press reports called this “a major turning point”in the investigation: while Comey had told the President he was not under investigation, following CComey’s firing, the President now was under investigation. The President reacted to this news with a series of tweets criticizing the Department of Justice and the Special Counsel's investigation. On June 17, 2017, the President ealled MeGahn at home and directed him to call the Acting Attorney General and Say thatthe Special Counselhad conflicts ofinterest and must be removed. MeGahn did not eary out the direction, however, deciding that he would resign rather than trigger what he regarded asa potentialSaturday Night Massacre. USS. Department ofJustice Worle // Protected-Uinder Efforts to curtailthe Special Counsel's investigation. Two days aftedirecting MeGahn te havethe Special Counsel removed, the President made anotherattemptto affect the course of the Russia investigation, On June 19, 2017,the President metone-on-one inthe Oval Office with his former campaign manager Corey Lewandowski, a trusted advisor outside the government, and dictated a message forLewandowski to deliver to Sessions. The message suid that Sessions should publicly announce that, notwithstanding his recusal from the Russia investigation, the investigation ‘was“very unfair” to the President, the Presidenthad done nothing wrong, and Sessionsplanned to ‘meet with the Special Counseland “let [him] move forward with investigating election meddling Tor future elections.” Lewandowski said he understood whatthe President wanted Sessions to do, ‘One month later, in another private mecting with Lewandowski on July 19, 2017, the President asked about the status of his message for Sessions to limit the Special Counsel investigation to future election interference. Lewandowski told the President that the message ‘would be delivered soon. Hours afler that meeting, the President publilycriticized Sessions in an interview with the New York Times, and then issued a series of tweets making it clear that Sessions's job was in jeopardy. Lewandowski did not want to deliverthe President's message personaly, so he asked senior White House official Rick Dearborn to deliver it to Sessions, Dearborn was uncomfortable with the task and did notfollow through. Efforts to prevent public disclosure ofevidence. In the summer of 2017, the President learned that media outlets were asking questions aboutthe une 9, 2016 meeting at Trump Tower between senior campaign officials, including Donald Trump Jr, and a Russian lawyer who was stid to be offering damaging information about Willary Clinton as “part of Russia and its ‘government’ support for Mr. Trump." On several occasions, the President directed aides not to publicly disclose the emailssetting up the June 9 meeting, suggesting that the emails would not Teak and thatthe number oflawyers with access to them should be limited. Before the emails became public, the President edited a press statement for Trump Jr. by deleting a line that acknowledged that the meeting was with “an individual who [Trump J.] was told might have information helpfulto the campaign” and instead said only thatthe meeting was about adoptions ‘of Russian children, Whenthe press asked questions aboutthe President's involvement in Trump ‘Jes statement, the Presidents personal lawyer repeatedly denied the President had played any role, Further efforts to have theAttorney General take controlofthe investigation. In early summer 2017, the President called Sessionsat home and again asked him to reverse recusal from the Russia investigation, Sessions didnot reversehis recusal. In October2017, the President ret privately with Sessionsin the Oval Office and asked him to “take [a] look” at investigating Clinton, In December 2017, shortly after Flynn pleaded guilty pursuant to a cooperation agreement, the President met with Sessionsin the Oval Office and suggested, according to notes taken by & senior advisor, that if Sessions unrecused and took back supervision of the Russia investigation, he would be & “hero.” The Presidenttold Sessions, “I'm not going to do anything or direct you to do anything. I just want tobe treated fay.” In response, Sessions volunteered that he had never seen anything “improper”on the campaign and told the Presidentthere was a “whole new leadership team”in place. He did not unrecuse. Efforts to have MeGahn deny that the President had ordered him to have the Special Counsel removed, In carly 2018, the press reported that the President had directed MeGakn to 5 US. Department ofJustice Ssuommertinintietat Maca Shrithresctt have the Special Counsel removed in June 2017 and that MeGahn had threatened to resign rather than carry out theorder. The President reacted to the news stories by directing White House ‘officialsto tell MeGahn to dispute the story and create a record stating he had not beenordered to have the Special Counsel removed. McGahn told those officials that the media reports were ‘accuratein stating that the President had directed MeGahto havethe Special Counselremoved, ‘The Presidentthen met with MeGaha in the Oval Office and again pressured him to deny the reports. In the same meeting, the President also asked MeGahn why he had told the Special ‘Counsel aboutthe President's effort to remove the Special Counsel and why MeGahin took notes ‘of his conversations withthe President. McGaha refused to back away from wat he remembered happening and percsived the President tobe testing his mettle Conduct towards Flynn, Manafort GIMME. After Flynn withdrew from joint defense agreementwith the President and began cooperating With the government,the President's personal counselleft a message for Flynn'sattorneys reminding them of the President's warm feelings towards Flynn, which he said “still remains,” and asking for a “heads up” if Flynn knew information that implicates the President.” When Flynn's counsel reiterated that Fiynn could no longer share information pursuant to ajoint defense agreement, the President's personal counsel said he would make sure that the President knew thatFlynn's actions reflected “hostility” towards the President. During Manafort’s prosecution and when the jury in his criminal wial was deliberating, the President praised Manafort in public,said that Manafort was being treated tunfarly, and declined to rule out a pardon, After Manafort was convicted, the President called Manafort “a brave man”for refusing to “break” and said that “ipping” “almost ought to be outlawed.” Conduct involving Michael Cohen, The President's conducttowards Michael Cohen,a former Trump Organization executive, changed from praise forCohen wien he falsely minimized the President's involvementin the Trump Tower Moscow project, to castigaton of Cohen when hae became a cooperating witness. From September 2015 to June 2016, Cohen had pursued the ‘Trump Tower Moscow project on behalfof the Trump Organization and had briefed candidate ‘Trump on the project aumeroustimes, including discussing whetherTrump should travelto Russia to advance the deal. In 2017, Cohen provided false testimony to Congress about the project, including stating thathe had only briefed Trump on the project thee times and never discussed travelto Russia withhim,in an effort to adhere to a“partyline™ that Cohen said was developed to ‘minimizethe President's eonnestions to Russia. While preparing for his congressional testimony, Cohen had extensive discussions with the President's personal counsel, who, according to Cohen, sad that Cohen should “stay on message” and notcontradict the President. Afterthe FBIsearched Cohen's home and office in April 2018, the President publicly asserted that Cohen would not “flip” contacted him directly to tll him to“stay strong," and privately passed messagesofsupport to him. Cohen also discussed pardons with the President's personalcounsel and believed that if he stayed on message he would be taken care of. Butafter Cohen began cooperating with the governmentin the summerof2018, the President publicly criticized him, called him a “rat,”and suggested thathis family members had committed crimes. US. Department ofJustice Walcot” HroteetedOverarching factual issues. We did not make a traditional prosecution decision about these facts, but the evidence we obtained supportsseveral general statements aboutthe President's ‘conduct Several features ofthe conduct we investigated distinguish it from typical obstruetion-ofJustice eases. First, the investigation concerned the President, and someof his actions, such as firing the FBIdirector, involved facially lawful acts within his Article TI authority, which raises constitutional issues discussed below. Atthe same time, the Presidents positon asthe head of the Executive Branch provided him with unique and powerful means of influencing official proceedings,subordinateofficers, and potential witnesses—all ofwhichis relevant to a potential obstruction-ofjustice analysis. Second,unlike eases in which a subject engages in obstruction of justice to cover up a erime, the evidence we obtained did not establish thatthe President was involved in an underlying crimerelated to Russianelection interference. Although the obstruction statutes do not require proof ofsuch a crime, the absence ofthatevidence affects the analysis of the President's inten and requires consideration ofother possible motives for his conduct. Third, many ofthe Presidents acs directed at witnesses, including discouragement ofcooperation with the government and suggestions of possible future pardons, took place in public view. That circumstance is unusual, but no principle of law excludes public acs from the reach of the obstruction laws. Ifthe likelyeffect ofpublic atsio influence witnesses oralter theirtestimony, the harm tothejusticesystem's integrity isthe same Although te seresofevents weinvestigated involved discrete acts, the overall pattern of the President's conduct towardsthe investigations can shed light onthe nature ofthe President's acts and theinferencestat can bedrawn abouthis intent. In particular, the actions we investigated can be divided into two phases, reflecting a possible shift inthe President's matives. ‘Thefrst phase covered theperiod from the Presidentirsinteractions with Comey through the President's firing ofComey. Duringthat time,the President had beenrepeatedly told he was not personally underinvestigation, Soon after the fring ofComey and the appointmentofthe Special Counsel, however, the President became aware that his own conduct was being investigated in an cobstruction-ofjustice inquiry. At that point, the President engaged in a second phase ofconduct, involving public attacks on the investigation, non-public effortsto contolit, and efforts in both Public and private to encourage witnesses not to cooperate with theinvestigation. Judgmentsabout the nature ofthe President's motives during each phase would be informed by the totality ofthe evidenee. STATUTORY AND CONSTITUTIONAL DEFENSES ‘The President's counsel raised statutory and constitutional defenses to possible obstruction-ofjustice analysis ofthe conduct we investigated. We concluded that none ofthose legal defenses provided a basis for decliningto investigate the facts. ‘Starwory defenses, Consistent with precedent and the Department of Justice's general approach to interpreting obstruction statutes, we concludedthatseveralstatutes could apply here. See 18 USC. §§ 1503, 1505, 1512(b)G), 1512(@)2). Section 1512(6\2) is an omnibus obstruction-oFjustice provision that covers a range of obstructive acts directed at pending or contemplated officialproceedings. No principle ofstatutory construction justifies narrowingthe provision to cover only conductthat impairs the integrity oravailability ofevidence. Sections 1503 and 1505 also offer broad protection against obstructive acts directed at pending grand jury, 7 US. Department ofJustice Worl ! Broteeted May-Conti Material judicial, administrative, and congressionalproceedings, and they are supplemented bya provision in Section 1512(b) aimed specifically at conduc intended to preventor hinder the communication to lawenforcement ofinformation related to a federal erime, Constitutional defenses. As forconstitutional defensesarising from the Presidents status as the head ofthe Exceutive Branch, we recognizedthat the Department ofJustice and the courts have not definitively resolved these issues. We therefore examined those issues through the framework established by Supreme Court precedent governing Separation-of-powers issues. The Departmentof Justice and the President's personal counsel have recognized thatthe President is subject to statutes that prohibit obstruction ofjustice by bribing a witness or suborning perjury because that conduct does nat implicate his constitutional authority. With respect to whetherthe President an be found to have obstructed justice by exercising his powers under Article I ofthe ‘Constitution, we concluded that Congress has authorityto prohibit a President's corrupt use ofhis authority in orderto protect theintegrity ofthe administration ofjustice. Under applicable Supreme Court precedent, the Constitution does not categorically and permanently immunize a President for obstructingjusticethrough the use ofhis AmicleIl powers ‘The separation-of-powers doctrine authorizes Congress to protectofficial proceedingsincluding those ofcourts and grandjuries, from corrupt,obstructive aets regardless ofthersource. We also ‘concluded that anyinroad on presidential authority that would occur from prohibiting corrupt acts docsnot undermine the Presidents ability to fulfil his constitutional mission. The term “corruptly” sts a demanding standard. It requiresa conerete showing that a person acted with an intent to obtain an improper advantage for himselfor someoneelse,inconsistent with official duty andthe rights ofothers. A preclusion of“corruptofficial aetion does not diminishthe President's ability to exercise AnicleIl powers. For example, the proper supervision ofcriminal law does not ‘demand freedom forthe President o act witha corrupt intention ofshielding himselffrom erin punishment, avoiding financial liability, or preventing personal embarrassment. To the contrary, ‘statute that prohibits official action undertaken for such corrupt purposes furthers, rather than hinders, theimpartial and evenhanded administration ofthelaw. Italso alignwiththe President's ‘constitutional duly to faithfully execute the laws, Finally, we concluded that in the rare case in ‘which a criminal investigation of the President's conduct is justified, inquiries to determine “whether the Presidentacted for a corrupt motive should not impermissibly chill his performance ‘of his constitutionally assigned duties. ‘The conclusion that Congress may apply the obstruction lawsto the President's corupt exercise of the powers ofoffice accords with our constitutional system ofchecksand balances andthe prineiple that no person is above the law: Coxctusion Because we determined not to make a traditionalprosecutorialjudgment, we did not draw ultimate conclusions about the President's conduct. The evidence we oblained about the Presidents actions and intentpresentsdifficult issues that would need to be resolved ifwe were making a traditional prosecutorial judgment, At the same time,if we had confidence after a thorough investigation ofthefacts thatthe Presidenclearly did nat commit obstruction ofjustice, ‘we would 50 stale. Based on the factsand the applicable legal standards, we are unable to reach that judgment. Accordingly, while this report does not conclude that the President committed a crime,it also does notexonerate him, U.S, Department ofJustice Mork Protected 1. BACKGROUND LEGAL ANDEVIDENTIARYPRINCIPLES A. Legal Framework ofObstruction ofJustice ‘The May 17, 2017 Appointment Order and the Special Counsel regulations provide this Office withjurisdiction to investigate “federal crimes committed inthe course of, and with intent to interfere with, the Special Counsel's investigation, such as perjury, obstruction of justice, destruction ofevidence, and intimidation of witnesses.” 28 CPR. § 6004(a). Because ofthat description ofourjurisdiction, wesoughtevidence forourobstruction-ofjusticeinvestigation with the elements ofobstruction offensesin mind. Ourevidentiary analysis is similarly focused on the ‘elements of such offenses,although we do not draw conclusions on the ultimate questions that ‘govern a prosecutorial decision underthe Principles ofFederal Prosecution. See Justice Manual § 9-27.000 et seq, 2018), Here,we summarize the law interpreting the elements ofpotentially elevant obstruction statutes in anordinary case. This discussion does not address the unique constitutionalissuesthat arisein aninquiry into oficial acts bythe President, Those issues are discussedina latersection of this report addressing constitutional defenses that the President's counsel have raised, See VolumeI, Section IB,infra Three basic elements are common to most of the relevant obstruction statutes: (1) an ‘obstructiveact(2) anexus between the obstructiveatand anofficial proceeding;and (3) a corrupt intent. See, eg, 18 US.C. §§ 1503, 1505, 1512(c)2). We describe those elements as they have been interpreted by the courts. Wethen discussa more specificstatuteaimed at witness tampering, see 18 US.C. § 1512(b), and describe the requirementsfor attempted offenses and endeavors 10 ‘obstructjustice,see 18 U.S.C, $§ 1503, 1512(€)2). Obstructive act. Obstruction-of-ustice law “reaches all corupt conduct capable of producing an effect that preventsjustice irom being duly administered, regardless of the means employed." United States v, Silerman, 745 F.2d 1386, 1393 (11th Cit. 1984) (interpreting 18 USC. § 1503). An “effort toinfluence” a proceeding can qualify as an endeavor to obstruct justice even if the effort was “subtle or circuitous” and “howevercleverly or with whatever ‘cloaking ofpurpose” it was made. United States v. Roe, 529 F.2d 629, 632 (4th Cir. 1975); see ‘also UnitedStaesv. Quatrone,441 F3d 153,173 (2d Cit. 2006). The verbs “obstructor impede” ‘are broad” and “can refer to anything that blocks, makes difficult,or hinders.” Marinello v. United ‘States, 138 S, Ct. 1101, 1106 (2018) (internal brackets and quotation marks omited), ‘An improper motive can render an actor's conductcriminaleven when the conduct would ‘otherwise be lawl and within the actor's authority. See United States v. Cueto, 151 F.3d 620, 631 (7thCir, 1998) (affirming obstruction conviction ofa criminaldefense attorney for “litigationrelated conduct"); United States v. Cintolo, 818 F.2d 980, 992(Ist Cit. 1987) any act by any party—whether lawful or unlawful onis face--may abridge § 1503if performed with & corrupt motive’). Nexus to a pending or contemplated official proceeding. Obstruction-ofjustice law generally requires a nexus, or connection, to an official proceeding. In Section 1503, the nexus ‘must beto pending “judicial or grandjury proceedings.” United States v. Aguilar, 515 US. 593, 9 US. Department ofustice SengeAEtta 599 (1995). In Section 1505, the nexus can include a connection toa “pending” federalagency proceeding or a congressionalinquiry or investigation. Under both statues, the government must demonstrate “a relationship in time, causation, or logie" between the obstructive act and the proceeding orinquiry to be obstructed. Ld. at $99;see also Arthur Andersen LLP v. UnitedStates, 544 US. 696, 707-708 (2005), Section 1512(¢) prohibits obstructive efforts aimed at offi proceedings including judicial or grand jury proceedings. 18 US.C. § 1S1S(@)(1)A). “For purposes of” Section 1512, “an official proceeding need not be pending ot aboutto heinstituted atthe time ofthe offense.”18 US.C. § 1512(0(). Although a proceeding need not already be in progress to trigger liability underSection 1512(c), anexus to a contemplated proceeding still must be show, United States v. Young, 916 F.3d 368, 386 (4th Cir. 2019);UnitedStates v. Petru, 781 F.3d 438, 445(8th Cir. 2015); United States v. Philips, $83 F.3d 1261, 1264 (10th Cir. 2009); United Siates v. Reich, 479 F-3d 179, 186 (2d Cit, 2007). "The nexus requirement narrows the scope of obsiruction statues to ensure that individuals have “fair warning” of what the law proseribes. Aguilar, $15 U.S. at 600 (intemal quotation marks omitted). ‘The nexus showing has subjective and objective components. AS an objective matter, defendant mustact “in a manner that is ikely to obstructjustice,”such that the statute “excludes defendants wito have anevil purpose but use means that would only unnaturally and improbably be successful” Aguilar,$15 U.S. at 601-602 (emphasis added; internal quotation marks omitted), {[Tyhe endeavor must have the natural and probable effect of interfering with the due administration of justice.” Id. at $99 (citation and internal quotation marks omitted). AS a subjective matter, the actor must have “contemplated a particular, foreseeable proceeding.” Peiruk, 781 F.3d at 445-446, A defendant need not directly impede the proceeding, Rather, a nexus exists if “discretionary actions ofa thitd person would be required to obstruct the judicial proceedingiit was foreseeable othe defendant that the third party would at on the [defendant's] communication in such a way asto obstruct thejudicial proceeding.” UnitedStates v. Martinez, 1862 F.3d 223, 238 (24 Cir. 2017) (brackets, ellipses, and internal quotation marks omitted). Corruptty. The word “corruptly”provides te intent element for obstruction ofjustice and means acting “knowingly and dishonesty” or “with an improper motive.” United States v. Richardson, 676 F.3d 491, 508 (Sth Cir. 2012); United States v. Gordon, 710 F.3d 1124, 1151 (10th Cir, 2013) (o act corruptly means to “acif] an improper purpose and to engage in conduct knowingly and dishonestly with the specific intent to subvert, impede or obstruct” the relevant proceeding)(some quotation marks omitted;see 18 U'S.C. §1515(b) (“As used in section 1505, the term ‘corruptly’ means acting with an improper purpose, personally or by influencing another."); see also Arthur Andersen, 544 US. at 705-706 (interpreting “corruptly” to mean “-wrongfl, immoral, depraved,or evil” and holding that acting “knowingly... corruptly” in 18 USC. § 15120) requires “consciousness ofwrongdoing”). The requisite showing is made when person acted with an intent to obtain an “improper advantage for [himself or someone else, inconsistent with officialdutyandthe rights ofothers.” BALLENTINE’S LAW DICTIONARY 276 (3d ed, 1969); see UnitedStates ¥. Pasha,797 F.3d 1122,1132 (D.C. Cit. 2015); Aguilar, 515 US. at 616 (Seal, J., concurring in part and dissenting in part) (characterizing this definition as the “longstanding and well-accepted meaning” of“corruptly”. Witness tampering. more specific provision in Section 1512 prohibits tampering with a witness. See 18 U.S.C. § 1512(6)(1), (3) (makingita erime to “knowingly use] intimidation or corruptly persuade(] another person,” or “engage[] in misleading conduct towards another 10 US. Department of Justice iPrfey tected person,” withtheintent to “influence, delay, or prevent the testimony ofany person in an official proceeding”or to “hinder,delay, or prevent the communication to a law enforcement officer ofinformation relating to the commission or possible commission of a Federal offense”). To establish corrupt persuasion,iti suficientthatthe defendant asked a potential witness to lie to investigatorsin contemplation ofa likely federal investigation into his conduct. United States v. Eclind, 887 F.3d 166, 174 (4th Cit, 2018); United States. Sparks, 791 F.3d 1188, 1191-1192 (VOth Cit, 2015); United States. Byrne, 435 F.3d 16, 23-26(Ist Cir. 2006); United States v. LaShay, 417 F-34715, 718-719. (1th Cit. 2005); United States v. Burns, 298 F 3d 523, 539-540 (6th Cir, 2002); United States v. Penningion, 168 F.3d 1060, 1066 (8th Cir, 1999). The “persuasion” need not be coercive, intimidating, or explicit; itis sufficient to “urge,” “induce,” “ask{]."“argule)” “give reasons," Sparks, 791 F.3d at 1192,or “coach{]or remind] witnesses by planting misleading facts,” Edlnd, 887 F.3d at 174. Corrupt persuasion is shown “where a defendant tells a potential witness a false story as ifthestory were true,intendingthat the witness believe the story and tetiy 1 it” United States v, Rodolitz, 786 F.2d 77, 82 2d Cir. 1986); see UnitedStates v. Gabriel, 125 F-3d 89, 102 (2d Cit, 1997). Italso covers urging a witnes to recall fact that the witnessdid not know, evenifthe Fact was actually true. See LaShay, 417 F.3d at 719. Corrupt persuasionalso can be shown in certain circumstances when a person, with an improper motive, urges a witness not to cooperate with law enforcement. See United Stats v. ‘Shotts, 145 F-3d 1289, 1301(Ith Cr, 1998) (telling Secretary “not to [say] anything [to the FBI] and [she] would notbe bothered”), ‘When the charge is acting withthe intentto hinder, delay, or preventthe communication ‘of informationto law enforcement under Section 1512(b)3), the “nexus”to a proceedinginquiry articulated in Aguifar—that an individual have “knowledge that his actions are likely to affet the judicial proceeding,” $15 U.S. at 599—does not apply because the obstructive acti aimedat the ‘communication ofinformation to investigators, not at impeding an official proceeding, Acting “knowingly corruptly” requires proof thattheindividual was “conscious of wrongdoing.” Arthur Andersen, S44 U.S. at 705-706 (declining to explore “[iJhe outer limits of this element” butindicating that an instruction wasinfirm whereit permitted conviction evenif the defendant “honestlyand sincerely believed that [the] conduct was lawful”). It an affirmative defensethat “the conductconsisted solely oflawl conduct and thatthe defendant's sole intention ‘was fo encourage, induce, or eause the other personto testify truthfully.” 18 US.C. § 1512(), Attempts andendeavors. Section 1512(c)2) coversboth substantive obstruction offenses and attemptsto obstructjustice. Under generalprinciples ofattempt law,a personis guilty ofan attempt when he has the intent to commit a substantive offense and takes an overt act that ‘constitutes a substantial step towards that goal. See United States v. Resendiz-Ponce, 549 US. 102, 106-107 (2007). “[The act must be] substantial,in that was strongly corroborative ofthe defendant's criminal purpose.” United Staves v. Pratt, 351 F.3d 131, 135 (4th Ci. 2003). While “mere abstracttalk” does not suffice, any “eonerete and specific” acts that corroborate the ‘defendant's intent can constitute a“substantial step.” UnitedStates. Irving,665 F3d 1184, 11981208 (10th Cie. 2011), Thus,“soliciting an innocent agentto engage in conduct constituting an Flynn 1/19/18 302,a9. 37 US. Department of Justice Serle / Protected-Uinder (On February 13, 2017, Pricbus told Flynn he had to resign.*"Flynn said he wanted to say goodbye tothe President, so Pricbus brought him to the Oval Office" Priebusrecalled that the President hugged Flyna, shook his hand, and said, “We'll give you a good recommendation You're a good guy. We'll take care of you.” “Talking points on the resignation prepared by the White House Counsel's Office and Aistributed to the White House communications team stated that MeGahn had advised the President that Flywas unlikelyto be prosecuted, and the President had determinedthat the issue ith Flynn was one oftrus.2"? Spicertold the press the next day that Flynn was forced to resign ot based ona legal issue, but based on a trust issue, [where] a leveloftrustbetween the President ‘and General Flynn had eroded tothe point where [the President] fet he had to makea change.”?"* 7. The President Discusses Flynn with FBI Director Comey ‘On February 14, 2017,the day after Flynn’s resignation,the President had lunch at the White House with New Jersey Governor Chris Christie” Acconding to Christie, at one point ding the lunchthe President said,"Nowthat we fired Flynn, the Russia thingis over." Christie laughed and responded, “No way."2"” He said, “this Russia thing i far from over”and “[w]e"ll be hhere on Valentine's Day 2018 taking aboutthis" The President said, “[w[hat do you mean? Flynn met with the Russians. That was the problem, [fired Flynn. It's over!" Christie recalled responding that based on his experience both as a prosecutor and as someone who had been investigated,fring Flynn would not end the investigation.” Cristie said there was no way to make an investigation shorter, but alot ofways to make it longer." The President asked Christi what he meant, and Christie told the President not to talk about the investigation even if he was 2Priebus V/L818302, 9 2 iebus V/LB/8 302, a9; Fiyan 11/17/17 302, at10. 2priebus V/LB/18 302, a 9; Flynn 11/17/17 302, at 10, 28 SCROO4 00600 (2/16/17 Email, Burnham to Donaldson). 2 Sean Spicer, White House Daily Briefing, C-SPAN (Feb. 14,2017). After Fyn pleaded guity to-violating 18 U.S.C § 1001 in December 2017, thePresident tweeted, "had to fire General Flybecause he led tothe Viee President andthe FBI.” @realDonaldTrump 122/17 (12:14 pan. ET) Tweet. The next day, the President's personalcounsel old he press that he had drafted the tweet. Maegan Vazquez eta, ‘Tramp’ lawyer say he was behind President's pvceaboufring Flan, CNN (Dee. 3, 2017). 25 Christe 2/13/19 302, a 2-4; SCROI2b_000022 (President's Dally Diary,2/14/17), 26 Christe 2/13/19302, a3 2” Christe 2/13/19302, a3 2° Christe 2/13/19 302, a3. Christe said he thought when the President sid “the Russia thi the was refering to notjust the investigations but ako press coverage about Russia. Christie thought the ‘more important thing was that there was an investigation. Cristie 2/13/19 302,a4 2Christie 2/13/19 302, at 3. 2 Chistie 213/19 302, at3. 2%" Chvstie 213/19 302, 3. 38 US. Department ofJustice Worl rode Protected frustrated at times.Christie also told the President that he would never be able to get rid of Flyn,“like gum on the bottom ofyour shoe." “Towards the end ofthe lunch, the President brought up Comey and asked ifChristie was withhim Christe sid he was.The President told Christie to call Comey and friendly still tell him thatthe President “realy like{s] him. Tellhim he’s part ofthe team." At the end ofthe lunch,the President repeated his request that Christie each out to Comey.” Christie had no intention of complying with the President's requestthat he contact Comey. He thought the President's request was “nonsensical” and Christie did not wantto put Comeyin the position of having to receive such a phone cal." Christe thought it would have been uncomfortableto pass con that message." At4 pum. thatafternoon, the President met with Comey, Sessions, and other officials fora homeland security briefing" At the end of the briefing, the President dismissed the other attendeesand stated thathe wanted to speak to Comeyalone." Sessions and senior advisortothe PresidentJared Kushner remained inthe Oval Office as other participants lef, butthe President ® Christe 213/19 302, at 3-4 22 Christie 2/13/19 302, a3. Chrisiealso recalledtha during the lunch, Fiyan called Kushner, ‘who was athe lunch, and complained aboutwhat Spices hadsaid about Flynnin his press briefing that (ay, Kushner told Flynnwords tothe effect of "You know the President espects you. The President cares fbout you. Til get the President to send out a positive tweetabout youlate” Kushner looked at the President when he mentioned the tweet, and the President nodded his assent. Chiste 213/19 302,at 3. Flynn recalled getting upset at Spices comments inthe press conference andcalling Kushnera say hedid rot appreciate the comments. Fiyas 1/19/18 302,at 9. © Chyitie 2/13/19 302,a © Chyistie 213119302, a4 2 Christe 2/13/19 302, at 45 ™ Christe 213/19 302, 5 ™% Christe 213/19 302, tS 2Christe 2/3/19302, 5 2% Christe 213/19 302, a5 2 SCRO126 000022 (President's Daly Diary, 214/17); Comey 11/15/17 302,a9 22 Comey {1/15/17 302,at 10; 2/4/17 Comey Memorandum, at 1; Hearing on Russian Election Interfrence Before the Senate Select Intelligence Commitee,115th Cong. Gune 8, 2017) (Statement for the Record oflames B. Comey,former Director ofthe FBIat 4); Priebus 10/13/17 302,a18 (eonirming thateveryone was shooed out “ike Comeysid” in his une testimoay). » US. Department ofJustice ne excusedthem, repeating thathe wanted to speak only with Comey.Ac some pointafter others had lef the Oval Office Priebus opened the door,buthe President sent him away.?™* According to Comey's accountofthe meeting, once they were alone,the President began the conversation by saying,“I want to talk about Mike Flynn."The President stated thatFlynn had not done anything wrong in speaking withthe Russians, but had to be terminated because he had misled the Vice President.‘The conversation turned to the topic of leaks of elasified {information but the President returned to Flynn, saying “he isa good guy and has been through a lot" The Presidentstated, “T hope you can see your way cleato letting go to letting Flynn go. He is a good guy. I hope you ean let this go."=* Comey agreed that Flynn “is a good guy,” but did not commit to endingthe investigation of Flyan.””” Comey testified under oath that he took the President's statement “as a direction” because of the President’s postion and the circumstances ofthe one-on-one meeting *° ® Comey 11/15/17 302,a 10; Comey 2/4/17 Memorandum, at 1; Hearing on Rusian Election Interference Bafore the SenateSelect Inteligence Commitee,115th Cong. June 8,2017) (Statement for the Record fJames B, Comey, former Directorofthe FBI, a4). Sessions recalled thatthe President asked to spel fo Comey alone and that Sessions was aneofthe lat to leavethe roomhedescribed Comey's testimony about the evens leading up tothe private meeting with the President ab “prety accurate.” Sessions U/17/18 302, at 6. Kushner had no recollection of wheter thePresiden asked Comey to stay behind, Kushner 4/11/18 302,24 ® Comey 2/14/17 Memorandum,a2; Prebus 10/13/17 302at 18, Comey 11/18/17 302, at 10; Comey 2/14/17 Memorandum, a 1; Hearing on Russian Election Interference Before the Senate Select Ineligence Commitee,115th Cong. (une 8,2017) (Statement for the Record oflames B. Comey, formerDirector ofthe FBI,a4), 2Comey 2/14/17 Memorandum, at; HearingonRussian Elation InterferenceBefore the Senate Select Invlligence Commit, 115th Cong. (June 8, 2017) (Statement forthe Record ofJames B. Comey, former Directorofthe FBI, at) Comey 11/18/17 302, at 10; Comey 2/4/17 Memorandum, at 2; Hearing on Russian Election Interference Before the Senate Select Inteligence Commitee,115th Cong, (une 8, 2017) (Statement for the Record oflames B, Comey, formerDirector ofthe FB, 5). 2 Hearing on Russian Blection Interference Before the Senate Salect Intelligence Commie, 115th Cong, (June 8, 2017) (Statement forthe Resoed ofJames B. Comey, former Director ofthe FBI, at +5}; Comey 2/4/17 Memorandum, at 2. Comey saihe was highly confident tat the weeds in quotations in his Memorandum documenting this meeting wer the exact words used by thePresiden. Hesaid he ‘knew from the ouset ofthe meeting that he was about to have a conversation ofconsequence, and he rememberedthewords used bythePresident and wrotethem downsoonafter the meeting. Comey [1/15/17 5302, 910-1, * Comey 11/15/17 302, at 10; Comey 2/1417 Memorandum,a2, 2Hearing on Russian Blection Interference Before the Senate Select Intelligence Commitee 11th Cong. June 8,2017)(CQ Cong, Transcrip, at 31) (estimony of James B. Comey, former Director the FD. Comey further stated"I mean,this isthe pesidentofthe United States, with ne alone,saying, hope”this. [took its, thisis what hewants me todo." Hd;se alsoComey 11/18/17 302, at10 (Comey took the statementas an ordero shutdown te Flyinvestigation). 40 US. Department ofJustice Yeoee May Breseted Shortly after meeting with the President, Comey began drafting a memorandum documentingtheir conversation." Comey also metwith his seniorleadership team to discuss the President's request, and they agreed notto inform FBIofficials working on the Fiynn case ofthe President's statements so the officials would nateinfluenced by the request." Comey alsoasked for amectingwith Sessionsand requested that Sessions not leave Comey alone with the President sguin?® 8, ‘The Media RaisesQuestions Aboutthe President's Delay in Terminating Flyan ‘After Flynn was forced to resignhe press raised questions aboutwhy the President waited ‘more than two weeks aftrthe DOJ notification to remove Flynn and whether the resident had known about Flynn's contacts with Kislyak before the DOJ notification.™* The press also continued to raise questions about connections between Russia andthe President's eampaign.*° On February 15,2017, the President tld reporters, “General Fiynn is @ wonderful man. 1 think he's been treated very,very unfairly by the media."™"* On February 16, 2017,the President held Comey 11/15/17 302,a 1 ; Hearing on Russian Election Interference Before the Senate Select Intelligence Comite, 1Sth Cong. (June 8, 2017) (Statement forthe record ofJames B, Comey, former Director ofthe FBI, a3), 2 Comey 11/15/17 302, at 11; Rybicki B/17 302, a 4; Rybicki 6722/17 302, at I; Hearing on ‘usian Election Interference Before theSenateSelectInelligence Commitee, 115th Cong, (June 8, 2017) (Statement forthe record ofJames B. Comey,former Directorofthe FBI, a -6). 8 Comey 11/15/17 302, at LI; Rybicki 69/17 302, at4-5; Rybicki 6/22/17 302, at 1-2;Sessions 1117/18 302,a 6 (coniming that later the week following Comey’s one-on-one meeting with the President in the Oval Office, Comey told the Attomey Generathat he did not wat o be alone with the President; Hunt2/1/18 302at6 (within daysofthe February 14 Oval Office meeting, Comeyold Sesions he didnotthinitwas appropriate forthe FBI Directorto mec alone with the President); Rybic11/21/18 302, at4(Rybick’ helped to schedule the mesting with Sessions because Comey wanted o tlk about his ‘onceens about meeting withthe President alone); Hearing on Russian Election Interference Bfare the ‘Senate Select Intelligence Commie, 115Cong. Qune 8, 2017)(Statementforthe record ofJames B, Comey,former Directorofthe FBI, at 6). © See, eg. Sean Spcet, White House Daly Briefing, C-SPAN (Feb. 14, 2017) (questionsfrom the press includ, “ithe President] was notified 17 days ago that Flynn had misled the Vice President, therofficals here, andthat he was potential treat to blackmail by the Russians, why would he be kept ‘on foralmost thee weeks?”and“DidthePresident instruct[Flynn] totalkaboutsanctions withthe [Russ ‘massador]?"). Priebus recaed that the President initially equivocatedon whether to fe Flynn because ‘twould generate negative press to lose his National Security Advisor soerly in is erm. Peebus 1/18/18 302, a8 2gg, Sean Sullivan etal, Senatorsfom both partes pledge to deepenprobeofRussia and the 2016election, Washington Post (Feb2017), Aaton Blake, 5 imes Donald Trump's team dented contact with Russia, Washington Post (Feb. 15,2017), Oren Dorell, Donald Trump's tiesto Rusia go back 30 ‘ears, USAToday (Feb. 15,2017); Pamela Brown et al, Trump aides were inconstant touch with senior ‘Russian officials during campaign,CNN (Feb. 15,2017); Austin Wright, Comey briefsenators amdror ‘ver Trump-Russates, Politico (Feb. 7, 2017); Megan Twohey & Scott Shane,A Back-ChannePlanfor Ukraine and Russia, CourtesyofTrumpAssociates, New York Times (Fb. 19, 2017). 2 Remarksby PresidentTrumpand Prime MinisterNetanyahuofTsai Joint Press Confrence, White House (Fb. 15,2017). 41 US. Department ofJustice nec Brut Brsectet 1 press conference and sad that he removed Flynn because Flynn “didn't tell the Viee President ‘of the United States the fact, and then he didn’t remember. And that just wasn't acceptable 10 me.” ‘The President said he did not direct Flynn to discuss sanetions with Kislyak, but “it certainly would have been okay with me ifhe di, 1 would have directed him to do iti thought hhe wasn’t doingit. I didn’t directhim, but I would have directed him because that's his job." In istingthe reasonsfor terminating Flynn,the President didnot saythat Flynn had lied to him.2* ‘The President also denied having any connection to Russia,stating, “I have nothing to do with Russia, T1old you, Thave no dealsthere, Thave no anything."* The President also said he “had nothing to da with” WikiLeaks's publication ofinformation hackedfrom the Clinton campaign." 9, ‘The President Attempts to Have K.T, McFarland Create a Witness Statement Denying that he Directed Flynn's Discussions with Kislyak (On February 22, 2017, Piebus and Bannontold MeFarland that the President wanted her to resign as Deputy National Security Advisor,btthey suggested to her thatthe Administration ‘could make her the ambassador to Singapore ** The nextday, the President asked Priebus to have ‘MeFerland draft aninternal emailthat would confirm thatthe President did na direct Flynn to call, the Russian Ambassador about sanctions" Priebus said he told the President he would only directMeFarland to write such a letter ifshewerecomfortable with i>" Priebus called McFarland into his office to convey the President's request thatshe memorialize in writingthatthe President did notdirectFlynn to talk to Kislyak:* McFarland told Priebusshe did not know whether the President had directed Flynnto talk to Kislyak aboutsanctions, and she declined to say yesor no 2°Remarks byPresident Trump in Press Conference, White House (Feb, 16,2017). 2 Remarks by PresidentTrump in Press Conference, White House (Feb. 16,2017). The President also said that Flynn's conduct “wasn’t wrong whathe did in terms ofthe information he saw." ‘The President said thatFlynn wasjust “doing theob,” and “IPanything,he did something right” 2 Remarks by President Trump in Press Conference, White House (Feb. 16, 2017); Priebus visite 302, 9. 2 Remarksby President Trumpin Press Conference, White House (Feb. 16,2017) 2 Remarks by President Trumpin PressConference, White House (Feb. 16,2017) 29. TMF_00000047(MeFarland 2/26/17 Memorandum forthe Record); MeFatland 12/22/17 302, a16-17 2See Prius 1/18/18 302,a 1; 88 also KTMF_O0000088 (MeFarland 726/17 Memorandum forthe Record); MeFarand 1222/17 302, at 17 2 Pricbus V/L8/18 302, at 11 5 KTME_o0O00048(McFarland 2/26/17 Memorandum fortheRecord); McFarland 12/22/17 302, att, 2 US. Department ofJustice Worle //Proteoted-Linder to the request" Priebus understood that McFarland was not comfortable with the President's request, and he recommended that she talk to attomeys inthe White House Counsel’s Office. ‘McFarland then reached out to Eisenberg** MeFarland told him thatshe had been fired from her job as Deputy National Security Advisor and offered the ambassadorship in Singapore but thatthe President and Pricbus wanted a letter from her denying tht the President directed Flynn to discuss sanctions with Kislyak2” Eisenberg advised McFarland not to write the requested lete.™* As documented by McFarland in a contemporaneous “Memorandum forthe Record” that she wrote because she was concemed by the President's request: “Eisenberg ‘thoughtthe requested email andletter would bea bad idea— from myside because the email would bbe awkward. Why wouldIbe emailing Priebusto make a statementforthe record? But it would also be a bad idea for the President because it looked asifmy ambassadorialappointment was in ‘some way a quid pro quo."Laterthatevening, Priebusstopped by McFarland’office and told ‘her not towrite the email and to forget he even mentioned it” Around thesametime, the President asked Pricbus to each out to Flynn and let him know that the Presidentsill eared bout him.Pribuscalled Flynn and said thathe was checkingin andthat Flynn was an American hero. Pricbus thought the Presidentdid not want Flynn saying baa things aboot him. (On March 31, 2017, following news that Flynn had offered to testify before the FBI and ‘congressionalinvestigatorsin exchange for immunity, the President tweeted, “Mike Flynn should ‘ask for immunity in that this is a witch hunt (excuse for big election loss), by media & Dems, of 25° KTMF_00000047 (McFarland 2/26/17 Memorandum fo the Record)(* said! did not know Wether he did or didn’t, but was in Maraago the week between Crstmas and New Year's (while Fiyan trason vacationin Carbean) and Iwas not avare ofany Flymt-Teump, or Trump-Russian phone call"); MeFarland 12/22/17 302, a 17 2 Prcbus 1/18/18 302,a 11 2 MeFurland 12/2/17 302, at 17, 2 MeFarland 12/22/17 302 at 17 "KTM_00000048 (McFarland2/26/17 Memorandum for the Record; MeFatland 1222/17 302, ait, 2! TMF_00000048 (MeFarland 226/17 Memorandum forthe Record);see McFarland 12/22/17 302, at 17, 2 McFarland 122/17 302, at 17; KTMF_00000048 (McFarland 22617 Memorandum forthe Recon) 8 Probus 1/18/18 302,a9. 2% Probus 1/18/8302,a9;Flynn 1/19/18 302,a9 2% Pricbus L188 302, at 9-10 48 US, Department ofJustice Genre May Materin-Prnscete storie proportion!" In late March or early April, the President asked McFarland to pass a ‘messageto Flynn telling him the President fet bad forhim and that he should staystrong.” Analysis In analyzing the President's conduct related to the Flynn investigation, the following evidence is relevant to the elements ofobstruction ofjustice: 8. Obstructive According to Comey’s account ofhis February 14,2017 meeting inthe Oval Office,the President told him, “I hope you can see your way clear to lettingthis go, 0 letting Flynn go. ... hope you can let thisgo.” In analyzing whether these statements constitute an obstructive at a threshold question is whether Comey's accountoftheinteractionis accurate, ‘and, if so, whether the Presidents statements had the tendency to impede the administration of justice by shutting down an inquiry that could resultin a grand jury investigation and a criminal ‘charge. ‘After Comey's account ofthe President's request to “e{]Flynn go” became publi, the President publily disputed several aspects ofthe story. The Presidenttold the New York Times ‘that he did not “shoo other peoplout ofthe oom” when he talked to Comey and that he did not remember having @ one-on-one conversation with Comey.™* The Presidentalso publicly denied that he ad asked Comey to “leFlynn go” or otherwise communicated that Comey should drop the investigation ofFyn” In private, the President denied aspectsofComey's account to White House advisors,butacknowledged to Priebustathe broughtFyn upin the meeting with Comey and stated that Flynn was a good guy” Despite those denials, substantial evidence corroborates Comey'saccount se Shane Harris at al, Mike Flynn Offers ET) Tweet; 30,2017). 3/31/17 Sretam.Journal(Mat. Wall(7:06 in Exchangefr Immunity, {0 Tesify%@realDonaldTrump © MeFarand 1222/17 302, at 18 ™ Beers From The Times's Intersiew With Trump, New York Times (July 19,2017). Hicks recalled thatthe President told her he had never asked Comey to tay behindin his ofies. Hicks 128/17 302, at 12 Ima statement on May 16, 2017, the White House sid: “While the President ha repeatedly cexpeessdhis view thatGeneral Fiynn ia decent man whoserved and protected our county, the President has never asked Mr. Comey or anyone esetend anyinvestigation, including any investigation ivolving General Fiyan.... This is nota tuhful or accurate portrayalofthe conversation between the President and Me. Comey.” See Michael S. Schmidt, Comey Memorandum Says Trump Aoked Him to End Flynn Investigation, New York Times (May 16, 2017) (quoting White House statement), @realDonaldTeump 12/3/17 (1S am, ET) Tweet(HI never asked Comey to sop investigating Flynn, Just more Fake News ‘covering another Comey lie") 2 Priebus recalled tat the President acknowledged teling Comey that lyon was a good guy and he hoped “everything worked out for him.” Priebus 10/13/17 302, at 19. MeGahn recalled that the President denied saying to Comey tht hehoped Comey would et Flynn go, butadded that hewas “allowed to hope.” The President told MoGahn hedidnot think he had rossed any lines. MeGahn 12/14/17 302, at 5 “4 US. Department of Justice tapeMenten beeestonbag First, Comey wrote a detailed memorandum of his encounter with the President on the sameday it occurred. Comey also told senior FBIofficials about the meeting withthe President that day, and their recolletionsofwhat Comey told them a thetimeae consistent with Comey's account?” Second, Comey providedtestimony aboutthe President’s request that he“et Flynn go” under oath in congressional proceedings and in interviews with federal investigators subject to penaltiesfor lying under 18 U.S.C. § 1001. Comey’srecollections ofthe encounterhave remained consistent overtime. ‘Third, the objective,corroborated circumstances ofhow the one-on-one meeting came to ‘cur support Comey's description ofthe event. Comey recalled thatthe President cleared the room 10 speak with Comey alone after a homeland security briefing in the Oval Office, that Kushner and Sessionslingered and hato be shooed outby the President, and that Priebus briefly ‘pened the door during the meeting, prompting the President to wave him away. While the Presidenthas publicly denied those details, other Administration officials who were present have confirmed Comey’s account of how he ended up in a one-on-one meeting with the President.?”> ‘And the President acknowledged to Priebus and MeGahn that hein fact spoke to Comey about Flynn in their one-on-one mecting, Fourth,thePresident's decision to clear the room and,in particular, toexcludethe Attorney General from the meeting signals that the President wanted to be alone with Comey, which is consistent with the delivery of a message of the type that Comey recalls, rather than a more innocuous conversation that could have occurred in the presence ofthe Attomey General. Finally, Comey’s reaction to the President’s statements is consistent with the President having asked him to “let{] Flynn go.” Comey met with the FBIleadership team, which agreed to keep the Presidents statements closely held and not to inform the team working on the Flynn investigation so that they would not be influenced by the President's request. Comey also promptly ‘met with the Attomey Genera to ask him not tobe left alone with the President again,an account ‘erified by Sessions, FBI ChiefofStaffJames Rybieki, and Jody Hunt, who was then the Attorney General's ehietofstaf, {A second questioniswhetherthe President's statements, which were notphrased asa direct order to Comey, could impede or interfere with the FBI's investigation of Flynn. While the Presidentsaid he “hopeld}" Comey could et] Flynn go," ratherthan affirmatively directing him todo so the circumstancesofthe conversation show thatthe President was asking Comey to close the FBI’sinvestigation into Flynn. First, the President arranged the meeting with Comey so that they would be alone and purposely excluded the Attorney General, which suggests that the President meant to make a request to Comey thathe did not want anyone else to hear. Second, because the President is the head of the Executive Branch, when he says that he “hopes” a subordinate will do something, itis reasonable to expectthat the subordinate will do what the President wants. Indeed,the President repeated a versionof“et this go"three times, and Comey 2 Rybieki 11/21/18 302,a4; MeCabe 8/17/17 302, at 13-14 2 Spe Prichus 10/13/17 302, at 1%Sessions 17/18 302, 86 4s US. Department ofJustice nernc Bntected testified that he understood the President's statements asa directive, which is corroborated by the ‘way Comey reacted at thetime. b. proceeding. To establish a nexusto a proceeding, it would be necessary to show that the President could reasonably foresee and actually contemplated that the investigation ofFlynn was likely to lead to a grand jury investigation or prosecution. [At the time ofthe Presidents one-on-one meeting with Comey, no grand jury subpoenas tote Floated augue tthe PBsesi! stedpat bac had in Fly's rested ‘nd a erminal federal about Comey to Presentspoke ne y ete B OTe vainUSE proscutonfr Flynn, DOJ officialshad informed MeGahn, who informed the President, that Flynn's statements to senior White House officials abouthis contacts with Kislyak were not true and that Flynn had told the same version of events to the FBI, MeGahn also informed the President that Flynn's conduct could violate 18 U.S.C. § 1001. After the Vice President and senior White House officials reviewed the underlying information about Flyna’scalls on February 10,2017, they believed that Flyan could not have forgotten his conversations with Kislyak and eoneluded that he had been lying. In addition, the Presidentsinstruction to the FBI Directorto “let Flynn go”suggests his awareness that Flynn could face eriminal exposurefrhis conductand was atriskof prosecution ©. Intent. As part of our investigation, we examined whether the President had a personal stake inthe outcome of an investigationinto Flyan—for example, whetherthe President ‘was aware ofFlynn's communications with Kislyakclose in time to when they occurred, suchthat the Presidentknew that Flynn hadled to senior White House officialsand that those lies had been passed on tothe public. Some evidence suggests that the President knew about the existence and content of Flynn's calls when they occurred, butthe evidenceis inconclusive and could not be relied upon to establish the President's knowledge. In advance of Flynn’s initial call with Kislyak, the Presidentattended a meeting where the sanctions were discussed and an advisor may have ‘mentioned that Flynn wasscheduledto talk to Kislyak. Flynn told MeFarland about the substance ‘of his calls wth Kislyak andsaid they may have made a difference in Russias response, and Flynn recalled takingto Bannon in early January 2017 about how they had successfully “stopped the train on Russia'sresponse”to the sanctions. Tt would have been reasonable for Flynn to have ‘wanted the Presiden to know of his communications with Kislyak because Kislyak told Flynn his request had been receivedatthehighest levels in Russia and that Russia had chosen not to retaliate in response to the request, and the President was pleased by the Russian response,calling it a {great move.” And the President never said publicly or internally that Flynn had lied to him about the calls with Kistyak But MeFarland did not recall providing the President-Elect with Flynn’s read-outofhis calls with Kisiyak, and Flyn does not have a specific recollection oftelling the President-Elect directly aboutthe calls. Bannon also said he didnot recall hearing aboutthe calls from Flynn. ‘And in February 2017,the President asked Flynn what wasdiscussed on thecalls and whetherhe had lied to the View President, suggesting that he did not already know. Our investigation accordingly did not produce evidence that established that the President knew about Flynn's discussions of sanctions before the Department ofJustice notified the White House of those discussionsin late January 2017. The evidence also does not establish that Flynn otherwise 46 US. DepartmentofJustice hole roe brteeted possessedinformation damaging to the President that would give thePresident a personal incentive to end the FBI'sinquiry into Flynn’s conduct. Evidence does establish thatthe President connected the Fiynn investigation to the FBI's broader Russia investigation and that he believed, ashetold Christe,that terminating Flynn would end “the whole Russia thing.” Flynn'sfiring occurred at a time when the media and Congress Were raising questions about Russia's interferencein the election and whether members ofthe President's campaign had colluded with Russia, Multiple witnesses recalled thatthe President viewed the Russia investigations us a challenge tothe legitimacy ofhis election. The President pid earefil attention to negative coverage ofFiynn and reacted with annoyance and anger when the story broke disclosing that Flynn had discussed sanctions with Kislyak. ust hours before ‘meeting one-on-one with Comey, the President told Christie thafiring Flynn would put an end to the Russia inquities, And after Christe pushed back, ling the President that fring Flynn would ‘ot end the Russia investigation,the President asked Christito reach out to Comey and convey that the President liked him and he was part of“the team.” That afternoon, the President cleared the room and asked Comey to “le(]Flynn go.” Wealso sought evidence relevant to assessing whetherthe Presidents direction to Comey ‘was motivated by sympathy towards Flynn. In public statements the President repeatedly described Flynn as a good person who had been harmed by the Russia investigation, and the President directed advisors to reach out to Flynn to tell him the President “carefd]” about him and felt bad forhim. ALthe same time, multiple senior advisor,including Bannon, Priebus,and Hicks, said thatthe Presidenthad become unhappy with Fiynn well before Flynn was forced to resign and thatthePresidentwasfrequently irritated with Flynn. Pricbus said hebelieved the Presidentsinitial reluetancetofire Flynn stemmed not from personal regard, but from concern aboutthe negative press that would be generated by fring the National Security Advisor so carly in the Administration, And Priebus indicated that the President's post-firing expressions of support for Fiynn were motivated by the President's desire to keep Flynn from saying negative things abouthim. ‘The way in which the President communicated the request to Comey also is relevant to understanding the Presidents intent. When the Presidentfrst learned about the FBIinvestigation into Flymn,he told MeGahn, Bannon, and Priebus aot todiscuss the matterwith anyone else inthe White House. The next day, the Presidentinvited Comey for @ one-on-one dinner against the advice ofan aide who recommended that other White House officialsalso attend. At the dinner, the President asked Comey for “loyalty”and, ata different pointin the conversation, mentioned that Flynn had judgment issues. When the President met with Comey the day after Flynn's termination—shortly after being told by Christe that firing Flynn would not end the Russia investigation—the President cleared the room, even excluding the Attorney General, so that he could again speak 10 Comey alone. The President's decision to meet one-on-one with Comey contravened the advice of the White House Counselthatthe President should not communicate directly withthe DepartmentofJustice to avoid any appearance ofinterfering in law enforcement activities, And the President laterdenied that he cleared the room and asked Comey to “lt{] Flynn ‘g0"-—a denial that would have been unnecessary ifhebelieved his request was a proper exercise ‘of prosecutorialdiscretion. a USS. Department ofJustice Worle May-Contain Protected Fed R--Gximt-P-6fe} Finally, the President'seffort to have McFarland write an internal emai denyingthatthe President had directed Flynn to discuss sanctions with Kislyak highlights the President's concern about being associated with Flynn's conduct. The evidence doesnot establish that the President ‘was trying to have McFarland ie. The President's request, however, was sufficiently iregular that McFarland—who did nat knowthefll extent of Flynn's communications with the President nd thus could not make the representation the President wanted—fet the need to draft an internal ‘memorandum documentingthe Presidents request, and Eisenberg was concerned that the request ‘would look like a quid pro quo in exchange for an ambassadorship. C. The President's Reaction to Public Confirmation of the FBI's Russia Investigation Overview In early March 2017, the President leamed that Sessions was considering recusing from the Russia investigation and ried to prevent the recusal, After Sessions announced his recusal on ‘March 2, the President expressed anger at Sessions for the decision and then privately asked Sessions to “unrecuse.” On March 20, 2017, Comey publicly disclosed the existence ofthe FBI's Russia investigation. In the days that followed, the President contacted Comey and other intelligence agency leaders and asked them to push back publicly on the suggestion that the President had any connection to the Russian election-interferenceeffort in order to “Tift the cloud” ofthe ongoinginvestigation Evidence 1, Adomey GeneralSessions Re 1: Russia Investigation In late February 2017, the Department of Justice began an internal analysis of whether Sessions should recuse from the Russia investigation based on his role in the 2016 Trump ‘Campaign.On March 1, 2017,the press reported that, in his January confirmation hearing to become Attomey General, Senator Sessions had not disclosed two meetings he had with Russian ‘Ambassador Kislyak before the presidental election, leading to congressionalcalls for Sessions to recuse or for a specialcounsel to investigate Russia's interferencein the presidential election.” Also on March 1, the President called Comey and saidhe wanted to check in and see how Comey was doing:According to an email Comey sent to his chiefof staff afterthe cal, the President“talked about Sessions a bit,” said thathe had heard Comey was “doing grea.” and said that he hoped Comey would come by to say hello when he was at the White House.** Comey 2° Seasons 1/17/18 302, at 1; Hunt 2/1/18 302, a3. *., Adam Entous et Sessions metwith Russian emoy twice lstyer, encounters he later didnot sclse, Washington Post(Mar. 1, 2017) ¥A/17 Email,Comey to Rybick; SCRO12000030 (Presidents Daily Diary,3/1/17, refleting call with Comey at 11:55 am.) 3/1/17 Email, Comey to Rybich; see Hearing on Russian Election Interference Before the SenateSelect Intelligence Committee, 115th Cong, (Jue 8, 2017)(CQ Cong, Transcripts, at 86) (testimony 48 US. Department of Justice Work rotected-Linder interpreted the eal as an effort by the President to “pull [him]i " but he didnot perceive thecall 4s an attempt by the President to find out what Comey was doing with the Flynn investigation, ‘The next moming, the Presidentcalled MeGahn and urged him to contactSessions to tell hhim notto recuse himself from the Russia investigation =" MeGahn understood the President to bbe concerned that a recusal would make Sessions look guilty for omitting details in his ‘confirmation hearing; leave the President unprotected from an investigation that could hobble the presidency and derail his policy objectives: and detract from favorable press coverage of a Presidential Address to Congress the President had delivered earlier in the week” MeGahn reached out to Sessions and reported that the President was not happy aboutthe possibilty of recusal” Sessionsrepliedthat he intended to follow the rules on recusal."” McGahn reported back tothe Presidentaboutthecall with Sessions, andthe President reiterated that he didnot want Sessions to recuse.Throughoutthe day, MeGalancontinued trying on behalfofthe President to avert Sessionsrecusal by speaking to Sessions's personal counsel, Sesions’s chiefofsta, and Senate Majority Leader Mitch McConnell, and by contacting Sessions himselftwo more times.” Sessions recalled that other White House advisors also called him that day to argue against his recusal** “That afternoon, Sessions announced his decisionto recuse “from any existing or future investigations ofany mattersrelated in any way to the campaigns for President ofthe United States." Sessions believed the decision to recuse was not a close call, given the applicable ‘of James B, Come, former Directorofthe FBI [Je called me one dy... Fejustalle to check in fand tell me T was doing an awesomejob, and wantedto see how was ding") Comey 11/18/17 302, 18 2 MeGahn 11/3/17 302at 16 2 MeGahn 1130/17 302, at 16-17; see SC_AD_00123 (Donaldson 3/2/17 Notes) (“ust in the mide ofanother Russia Fiasco") 2 Sessions 1/17/18 302, a3, 28 MeGahn 11/30/17 302, a 17. 2% MeGehn 11/30/17 302, a 17. 2 MG11/30/17 30, at18-19; Sessions 1/17/18 302, at 3; Hunt2/1/18 302,a 4; Donaldson 114617 302, t 8-10; ee Hut-000017; SC_AD00121 (Donaldson3/2/17 Notes). 2 Sessions 1/17/18 302,a3 25 tomey General SesionsStatementon Recusel, DepartmentofJusticePress Relesse(Mar. 2, 2017) (During thecourse ofthelast several weeks, Ihave met with the relevant seniorcareer Department officials to discuss whether I should recuse myselfftom any mutters arising ffom the campaigns for Presidentofthe United States, Having concluded those meetings today, t have decided to recuse myself fom any existing o future investigations ofany matters elated in any way tothe campaign for President ofthe United States”. At the time of Sesionssreeusal, Dana Boot, then the Acting Deputy Attorney General and U.S. Attomey forthe Easter District ofVirginia,became the Acting Attorney General for ctmpuign-elated mafters pursuant to an executive onder specifying the order of succession at the Deparment ofJustice, Kd. (Consistent withthe successiononde forthe Department ofJustice... Dana Bente shall act as and perform the functionsofthe Aorey Generawith respect to any mater from 49 US. Department ofJustice SMerkcProdet I! Protected-tinder Materi Fed Crie-P-fe) language in the Code of Federal Regulations (CER), which Sessions considered to be clear and decisive.” Sessions thought that any argumentthatthe CFR did not apply to him was “very thin.” Sessions go the impression, based oncalls he received from White House officials, that the President was very upset with him and did not think he had done his duty as Atorney General" Shorly after Sessions announced his recusa, the White House Counsel's Office directed that Sessions should notbe contacted about the matter” Internal White House Counsel's Office notesfrom March 2,2017, state No contactw/Sessions" and "No comms / Serious concernsabout obstruction” (On March 3, the day after Sessions’srecusal, MeGahn was called into the Oval Office.” Other advisors were there, including Priebus and Bannon.** The President opened the conversationby saying“I don’ have a lawyer."“The President expressed anger at MeGahn about the recusal and brought up Roy Cohn, stating that he wished Cohn was his attomey.”™ ‘MeGahn interpreted this comment as directed at him, suggesting that Cohn would fightforthe ‘which Ihave recused myselfto theextent they exis s0e Exec, Order No. 13775, 82 Fed, Reg, 10697 (eb, 14,2017) 26 Sessions I/17/18 302, at -2. 28 CFR, § 452 providestat “no employeeshal partieipate ina " MeGahn 12/12/17 302, 2 > MG12/1217 302, 82 > MGahn 12/12/17 302, a2 2 Glin 12/12/17 302, at 2. Cohn had previously served asa lawyer forthe President during his career as a private businessman. Pricbus recalled that when the President talked about Cohn, hesaid ‘Cohn would win eases for him that had no chance, and that Cohn had dove incredible things for him. Prshus4/3/18 302at 5. Bannon recalled the President dseribing Cohn as 2 winner and fixer, someone wo got things done, Bannon 2/4/18 302, at 6 50 US. Department of Justice thor Mayhetooted President whereas MeGahn would not.>® The President wanted MeGahn to talk to Sessions about the recusal, bt MeGahn told the President that DOethiesofficials had weighed in on Sessions’s decisionto recuse. The President then broughtup former Attorneys General Robert Kennedy and Eric Holder and said that they had protected their presidents.” The Presidentalso pushed back on the DOJ contacts policy, and said wordstothe effect of, “You're telling me that Bobby and Jack didn’ talk aboutinvestigations? Or Obamadida’t tel Eric Holder who to investigate?" ‘Bannon recalled that the President was as mad as Bannon had ever seenhim and that he sereamed at MeGahn about how weak Sessions was?” Bannon recalled telling the President that Sessions's recusal was nota suprise and that before the inauguration they had discussed thatSessions would hhave to recuse from campaign-related investigations because of his work on the Trump Campaign.*® “That weekend, Sessions and McGahin flew to Mar-e-Lago to meet with the President. Sessions recalled thatthe President pulled him aside to speak to him alone and suggested that Sessions should “unrecuse” from the Russia investigation.” The President contrasted Sessions ‘with Attorneys General Holder and Kennedy, who haddeveloped a strategy to help their presidents where Sessions had not.Sessionssud he had the impression thatthe President feared that the investigation could spin out ofcontroland disrupt hisability to govern, which Sessions could have helped avert if he were sill overseeingit"* ‘On March5, 2017, the White House Counsel's Office was informed that the FBI was asking for transtion-period recordsrelating to Flynn—indicating thatthe FTI was still actively investigatinghim. On March 6,te Presidenold advisorshe wanted toealthe ActingAttomey 2% MeGahn 12/12/17 302, a2 2 MeGan 12/12/17 302, a2 2” MeCiahn 12/12/17 302, at 3. Bannon said thePresidentsaw Robert Kennedy and Erie Holder «as Attorneys General whoprotected thepresidents they served. The Presidenthought Holderalwaysstood upfor President Obama snd even took conterpt charge for him,and Rober Kennedy always had brother's back. Bannon 2/14/18 302, a. Priebus recalled thatthe resident sad he had been told his centre life he needed to havea great wer, a “bulldog,” and added that Holder had beenwilling to takea ontempt-of-Congress charge fr President Obama, Prius 4/3/18 302, a ™ MeGabn 12/12/17 302,at’. Bannon2/14/18 302, at, > Bannon21 118302, a. 2 Sessions 1/17/18 302,a; Hunt 2/1/18 302, at 5; MeGabn 12/12/17 302, a3 2 Sessions 1/17/18 302, a 3-4 2Sessions 1/17/18 302, a3-4 2Sessions 1/17/18 302at 3-4, Hicks called that afterSessionsrecusethePresidentwas angry andscolded Sessions inherpresence, butshe could not rememberexactly when thatconversationoccured, Hicks 12/8/17302, at 13. 5 $C_AD_000137 (Donaldson3/5/17 Notes); ee Donaldson 11/6/17 302, at 13, st US. Department ofJustice Work / Proteoted-Uinder Materil General to find out whether the White House or the President wasbeinginvestigated, although it is not leat whether the President knewat that time ofthe FBI'srecent request concerning Flynn." 2 EBI_Diteaio_Comey_fublclConfims she Exiienes_ofthe Rusia Investigation in Testimony Before HPSCI (On March 9, 2017, Comey briefed the “Gang ofEight” congressionalleaders about the FBI's investigation of Russian interference, including an identification of the principal USS. subjects ofthe investigation.” Although itis unclear whether the Presidentknew ofthat briefing at the time, notestaken by Annie Donaldson, then McGahn’s chiefofstaff, on March 12,2017, state, “POTUS in panicichaos Need binders to put infront of POTUS. (1) Allthings related toRussia.""™ The week after Comey'sbriefing the White House Counsel’Office was in contact, with SSCI Chairman Senstor Richard Burr aboutthe Russa investigations and appears to have received information about the status ofthe FBIinvestigation?” (On March 20, 2017, Comey was scheduled to testify before HPSCL"® In advance of Comey's testimony, congressional officials made clear that they wanted Comey to provide information about the ongoing FBIinvestigation." Dana Boente, who at that time was the Acting ‘Attorney General forthe Russia investigation,authorized Comey to eonfirmthe existence ofthe ‘Russia investigation and agreed that Comey should decline to comment on whether any particular viduals, includingthe President, were being investigated.°”" 3 Donaldson 11/6/17 302, t14; See SC_AD_000168 (Donaldson 36/17 Notes) ("POTUS wants to call Dana then the Acting Attomey General for campaga-rlated investigations] /I investigation /No/ ‘We know something onFlynn / GSA got contacted by FBI / There's something hot) > Comey 11/18/17 302,at13-14; SNS-Classifed-0000140-44 (3/8/17 Email, Gauhar to Page et aly *SC_AD_00188 (Donaldson 3/12/18Notes). Donaldson said she was nt patoftheconversation that led to these notes, and must have boen tld about it from oters. Donaldson 11/617 302, at 13. Donaldson 11/6/17 302,at 14-15. On March 16,2017, the White House Counsel's Office was briefed by Senator Burr on the existence of"4-5targets." Donaldson 11/6/17 302, at 15. ‘The “anges” 130 ckpone ntskeyDonelsonsan sree race at campaign iam Treo "Comey Manafort (Ukr + Russa lag oe hao Crone tengo Caygently ances Taos 31617 Nats). Doaléson and McGahn (DoradoonTI SC_AD06198 Donaldson FB). urgesSSC loo r ingwoue BSc 903, MeGahfe121217 15,oni 32a were tee beenstheybleed ths etre mas "rghe dida invesigat ely Ctdoesnot But tee yt repae malls ackbackround Fol, he Deparment fuse, td Cony ed he woes -44 G7Ena SNSCsi000140 Se Nach on a Cang toe tng Coney’s be FI ha ar ad moe oud Doralaon 15 116/732, Dome bo cae Pgs Gauri fod McCabedas weet F's tug). Election Tampering Before the Howe Permanent Select beligence on ssan0,201 M8 Hearing Commitee, 3th ona, 211 Comey 11/15/17 302,at16; MeCabe 8/1717,a 15; MeGabn 12/14/17 302,a1 2 Boente /31/18 302,a ; Comey 11/1/17 302,a 16417 2 US. Department of Justice -Attorney-AMorkeProduet// Proteoted-Under {In his opening remarks atthe HPSCI hearing, which were drafted in consultation with the Department oflustice, Comey stated that he had “been authorized by the Department ofJustice to confirm that the FBI, as part of[its] counterintlligence mission, is investigating the Russian {government'sefforts tointerfere in the 2016 presidentalelection and that includes investigating the nature ofany links between individuals associated with the Trump campaign and the Russian {government and whether there was any coordinationbetween the campaign and Russia's effort, ‘As with any counterinelligence investigation, thiswll alsoinclude an assessment ofwhether any crimes were committed.”Comey added that he would not commentfurther on what the FBI ‘was “doing and whose conduct[it] [was] examining”because the investigation was ongoing and classifiedbut he observed that he had “taken the extraordinary step in consultation with the Department ofJustice ofbriefingthis Congress's leaders... n a classified settingin detail about the investigation." Comey was specifically asked whether President Trump was “under investigation duting the campaign’ or “under investigation now."Comey declined to answer, stating“Please don’t overinterpret what I've said aS—as the chair and ranking know, we have briefed him in greatdetail onthe subjects ofthe investigation and what we're doing, but I'm not gonna answer about anybody in this forum! Comey was also asked whether the FBI was ing the information contained in the Steele reporting, and he declined to answer.” i ‘According to MeGiahn and Donaldson, the Presidenthad expressed frust before his March 20 testimony, and the testimony made matters worse."* previously eiticized Comey for too frequently making headlines and for not attending intelligence briefingsatthe White House, and the President suspected Comey ofleaking certain information to the media” McGahn said the President thought Comey was actinglike “his own branch of government." 5 Hearing on Russian Election Tampering Before the House Permanent Select Intelligence Commitee, 115th Cong, (Mat. 20,2017) (CQ Cong Transcripts, at 1) (testimony by FBIDirector James 'B. Comey); Comey 115/17 302, at 7; Boente 1/31/18 302, at (confirmingthattheDepartmentofJustice authorized Comey's remarks) 3Hearing on Russian Election Tampering Before the House Permanent Select Inelligonce Commitee, 115th Cong, (Mar. 20,2017) (CQ Cong Transeripts, at 11) (lstimonyby FBIDirector James B. Comey ) Hearing on Russian Election Tampering Before the House Permanent Select Inellignce Committe,115th Cong. (Mar. 20,2017)(CQ Cong. Trarsrits, at 130) (question by Rep. Swalwel). 38 Hearing om Russian Election Tampering Before the House Permanent Select Inelligence Committe, 115th Cong. (Mar. 20,2017) (CQ Cong. Transcripts, at 130) (testimony by FBIDirector James B. Comey). 2°Hearing om Russian Election Tampering Before the Howse Permanent Select inelligence Commie, 115th Cong (Mar, 20,2017) (CQ Cong. Transcript 143) estimony by FBIDirector ames B. Comey). 5 onaldson 1/6/17 302,at 21; MeGahn 12/1217 302, at7 %®Donaldson 11/617 302, a 21; MeGahn 12/12/17 302 at69. 2 MeGahn 12/1217 302, a7. 3 US. Department ofJustice WorkBrot! retested Press reports following Comey's March 20 testimony suggested that the FBI was investigating thePresident, contrary towhat Comey hadtold the President atthe end ofthe January 6, 2017 intelligence assessment briefing, MeGahn, Donaldson, and senior advisor Stephen Millerecalled thatthe President was upset wth Comey’stestimony and the press coverage that followed because of the suggestion that the President was under investigation." Notes from the White House Counsel's Office dated March 21, 2017, indieate thatthe President was “beside himself”over Comey’s testimony." The President called MeGahn repeatedly that day to ask him to intervene with the Department ofJustice, and, aeording tothe notes, the President was “getting hotterand hotter, get rid?" Orfcials inthe White House Counsel's Office became so concemed that the President would fire Comey that they began drafting a memorandum that examined ‘whether the President needed cause to terminate the FBI director.”* tthe Presidents urging, MeGahn contacted Boente several times on March 21, 2017,to seek Boente’s assistance in having Comey orthe Department ofJustice correctthe misperception thatthe President was under investigation.” Boente didnot specifically recall the conversations, although he id remember one conversation with McGakn around this time where MeGahn asked if there was a way to speed up or end the Russia investigation as quickly as possible.” Boente said MoGabn told him the President was under a cloud and it madeit hard forhim to govern. Boente recalled telling MeGahn that there was no good way to shorten the investigation and attempting to do so could erade confidence in the investigation’s conclusions.” Boente said MeGahn agreed and dropped the isue.™ The President also soughtto speak with Boente direct, ‘but MeGahn told the President that Boente did not want to tak tothe President about the request "BY fg, Matt Apuzzo et al, FB. ts Investigating Trump's Russa Tls, Comey Confirms, New 20,2017)Andy Greenberg. The FBHas Been Investigating Trump's Rusia Ties Since Times(Mat. ‘York 2, 2017); Julie Borger & Spencer Ackerman, Trump-Russia collsion is being (Mar. Wired July, FBL, Investigatedby Comey confirms, Guardian (Mar. 20,2017); see Comey V6/17 Memorandum, at 2. 5 Donaldson 11/6/17 302,at 1617; S. Miller 1031/17 302, at 4; MeGan 12/12/17302, at 5-7. ®9 $c_AD_0213 (Donaldson 321/17 Notes). The notes from that day also indicate that the President refered f0 the “Comey bombshell” which “made [him] ook like a fool” SC_AD_00206 (Donaldson 3/21/17 Notes) $C_AD_00210 (Donaldson 3/21/17 Notes). 58 SCRO16.000002-05(White House Counsel's Office Memorandum). White House Counsel's Office attorney Uttam Dhillon di not recall triggering event causingthe White House Counsel'sice to begin this research. Dhillon 1121/17 302tS. Metadata fom thedocument, which was provided by the White House, establishestat it was created on March 21, 2017 2 Donaldson 11/6/17 302, at 16-21; MeGahn 12/12/17 302,at 57. ©Bente /31/18 302,a. 2 oente 1/31/18 302,a. Bente 1/31/18 302,a. * Boente 131/18 302,a. 34 US. Department ofJustice Mork !Protector to intervene with Comey." MeGahn recalled Boente telling him in calls that day thathe did not think i was sustainable for Comey to stay on as FBI director for the next four years, which “McGahn said he conveyed to the President? Boente did not recall discussing with MeGahn or anyone elsethe idea that Comey should not continue as FBI director. Public Intelligence Community Lea 3. The Pr Statements t Connection o Russia Inthe weeksfollowing Comey’s March 20,2017 testimony, the President repeatedly asked intelligence community officals to push back publicly on any suggestion thatthe President had a connection othe Russian election-nterferenceeffort (On March 22,2017, the Presidentasked DirectorofNationalIntelligence Daniel Coats and Michael Pompeo to stay behind in the Oval Office after a Presidential Daily Director CIA Briefing. According to Coats, the President asked them whether they could say publicly that no link existed between him and Russia»? Coats responded that the Office ofthe Director ofNational Intelligence (ODNI) has nothing to do with investigationsand it was not his role to make a public statement onthe Russa investigation" Pompeo had no recollection ofbeingasked to stay behind after the March 22 briefing, but he recalled that the Presidentregularly urged officials to get the ‘word out that he had not done anything wrong related to Russia.” ‘Coatstold this Officethatthe President never asked him to speak to Comey about the FBT investigation" Some ODNI staffers, however, had a different recolletion of how Coats described the meeting immediately after i occurred, According to senior ODNIofficial Michael Dempsey, Coats said after the meeting that the President had brought up the Russia investigation and asked him to contact Comeyto see ifthere was a wayto get past the investigation,get it over Wit, end it, oF words to that effect.Dempsey said that Coats described the President's comments asfalling “somewhere between musing about hating the investigation” and wanting Coatsto "do something to stop it” Dempsey said Coats madeit clear thathe would not get involved with an ongoing FBI investgation."" Edward Gistaro, another ODNIofficial, recalled °3! §C_AD_00210 (Donaldson 3/21/17 Notes); MeGahn 12/12/17 302, at7; Donaldson 11/6/17 302,a9. 252 eG12/1217 302,7; Burman {1/05/17 302,a 1 9Bente1/31/18 302,a3 4 Coats 6/14/17 302,a 3; Clver 6/1417 302, 82 © Coats 6/14/17 302,23, 2%Coats 6/14/17 302,a3 2 Pompeo 628/17 302at 13. 3 Coats 6/14/17 302,a3, ©" Dempsey 6/14/17 302, a2. © Dempsey 6/14/17 302, 23. Dempsey 614/17 302 at 3, 3s US. Department ofJustice Protected-Under M a y -Attomey-3Hork that right after Coats’s meeting with the President, on the walk from the Oval Office back tothe Eisenhower Executive Office Building, Coats said thatthe President had kept him behind to ask him what he could do to “help with the investigaton."™® Another ODNIstaffer who had been “waiting forCoats outside the OvalOffice talked to Gistao afew minuteslater and recalled Gistaro reporting that Conts was upsct because the President had asked him to contact Comey to convince him there was nothing tothe Russia investigation." (On Saturday, March 25,2017, three days after the meeting inthe OvalOffice,the President called Coats and again complained about the Russia investigations, saying words to the effect of, “Tean’t doanything with Russia, there's things P'like to do with Russia, with trade, with ISIS, they're all over me with this." Coats tldthe President that the investi fon and the best thing to do was to let them run their course.*® Coats later testified in a ‘congressionalhearing that he hed “never felt pressure to intervene or interfere in any way and shape—with shaping intelligence in a political way, or in relationship . to an ongoing investigation™* ‘On March 26, 2017, the day after the President called Coats the President called NSA Director Admiral Michael Rogers." The President expressed frustration with the Russia investigation, saying that it made relations with the Russians difficult." The President told Rogers “the thing with the Russians [wa]s messing up" hisability to getthings done with Russia.” ‘The President also said that the news stories linking with Russia were not true and asked Rogers if he could do anything to refute the storiesDeputy Director of the NSA Richard LLedgtt, who was present frthecll, said it was the most unusual thing he had experienced in 40, ‘years of goverment service" After the call concluded, Ledgett prepared a memorandum that ihe and Rogers both signed documenting the content of the conversation and the President's request,and they placed the memorandum in asafe."* But Rogers didnot perceive the Presidents request to be an order, and the President did not ask Rogers to push back on the Russia 8 Gistaro 6/14/17 302, 2 8 Culver6/14/17 302, 23, > Coats 6/14/17 302, 84 2 Coats 6/4/17 30, at 4; Dempsey 6/14/17 302,a3 (Cons relayed that the President had asked several times what Coats could do tohep "get [theinvestigation] done,” and Coats had repeatedly told the President hatfastestway f0“ge it dane” was to ltitn its course) Hearing on Foreign Intligence Surveillance Act Before the Senate Selet Inelligence Commitee, 11S" Cong. (Bune 7, 2017) (CQ Cong, Transripis, at 25) (testimony by Daniel Coats, Director ‘ofNationa Inteligence) ¥Rogers 6/12/17 302, a 3-4 2 Rogers 6/12/17 302, a4 >Ledget 6/13/17 302,a 1-2; ee Rogers 6/12/17 302, a4 2 Rogers 6/12/17 302,a 45; Ladget (13/17 302,a2. Ledgett 613/17 302, at 2. 9 Ledgett 6/13/17 302, at 2-3; Rogers 612/17 302,at4 56 US. Department ofJustice Moric Prod! Protected-tnder investigation itselfRogerslate testified in a congressional hearing that as NSA Director he had “never been directed to do anything [he] believeld] to be illegal, immoral, unethical or inappropriate”and did “not recall ever feeling pressured to do so."™* In addition to the specific comments made to Coats, Pompeo, and Rogers,the President spoke on other occasions in the presence of intelligence community officials about the Russia investigation and stated that it interfered with his ability to conduct foreign relations." On at least two occasions, the President began Presidential Daily Briefings by stating that there was no collusion with Russia and he hoped a press statement to that effect could be issued.” Pompeo recalled that the President vented about the investigation on multiple occasions, complaining that there was noevidence against him and that nobody would publicly defend him.” Rogers recalled 1 private conversation with the President in which he “vent{ed]” aboutthe investigation, said he had done nothing wrong,and suid something like the “Russa thing has got to go away.””** Coats recalledthe President bringing up the Russia investigation several times,and Coats said he finally told the President that Coats’s job was to provide intelligence and not get involved in investigations.” 4, The President Asks Comey to “Lift the Cloud” Created by the Russia investigation (On the moming ofMarch 30, 2017, the Presidentreached outto Comey directly aboutthe ‘Russia investigation." According to Comey’s contemporaneous record ofthe conversation, the President said “he was tryingto run the counity andthe cloud ofthis Russia business was making 2 Rogers 6/2/17 302, at; Ledget 6/13/17 302,a2 Hearing on Foreign Intelligence Surveillance Act Before the Senate Select Inelligence Committe, 118% Cong. (une 7, 2017) (CQ Cong. Transcripts, at 20) (testimony by Admiral Michael Roger, Ditector ofthe NationalSecurity Agency) 2 Gist6/14/17 302,at 1,3; Pompeo 628/17 302, t 23 °% Gistar 6/14/17 302, at 2 pompeo 6/28/17 302, a2 °° Rogers 6/12/17 302,a6 >Coats 6/14/17 302, a 3-4 % SCROI26000044(Presidents Daly Diry,330/17, refleting cll © Comey from 8:14-8:24 ‘am.); Comey 3/30/17 Memorandum,a 1 ("The Presidentcalled me on my CMS phone a 8:13 am today The eal lasted 11 minutes (about10 minutes when fe was connected)"; Hearing on Russian Election Interference Before the Senate Select Intelligence Commit, 115th Cong. June 8, 2017) (Statement for the Record oflames B, Comey, former Diestor ofthe FBI,a6). 37 US. Department ofJustice Worle //Protected-Under that difficult."The President asked Comey what could be done to “tft the cloud.”Comey ‘explained “that we were runningit down as quickly as possible and that there would be great benefit if wedidn’tfind anything, to our Good Housekeeping sealof approval, but we had to do ‘our work."‘Comey also told the President that congressional leaders were aware thatthe FBI ‘was not investigating the President personally.” The Presidentsad several times, “We need to get that fact out"? The President commented that if there was "some satellite” (which Comey {ook to mean an associate of the Presidents or the campaign) that did something, “it would be ‘good to Find that out” but that he himself had not done anything wrong and he hoped Comey “would find a way to get out that we weren't investigating him."* After the call ended, Comey called Boente and told him about the conversation,asked forguidance on howto respond, and said hhe was uncomfortable with direet contact from the President aboutthe investigation.” On the moraing ofApril 11, 2017, the Presidentcalled Comey again.™* According to Comey’s contemporaneous record ofthe conversation, the President said he was “following upto see if [Comey] did what [the President had asked last time—geting out that he personally is not under investigation,” Comey’ responded that he had passed the request to Boente but notheard back, and he informed the Presidentthatthe traditional channel for such a request would be to ™ Comey 3/30/77 Memorandum, t 1. Comey subsequently tested before Congress about this conversation and describedit to our Office; his recollections were consistent with his memorandum, “Hearing on Russian Election Interference Before the Senate Select Intelligence Commitee, 115th Cong, (une 8, 2017) (Statementforthe Record of James B. Comey, former Director of the FBI, at 6); Comey TIS? 302, a 18. % Comey 3/30/17 Memorandum, at 1; Comey 11/18/17 302,a 18 » Comey 3/80/17 Memorandum, at 1; Comey 11/18/17 302,a 18 + Comey 3/30/17 Memorandut, atl; Hearingon Russian Election Interference Before the Senate Commite,115th Cong. (June 8, 2017) (Statement forthe Record of James B. Comey, Intelligence Select Former Directorofthe FBI,a 6) 4 Comey 3/30/17 Memorandum,at; Hearingon Russian Election Interference Before the Senate Select intelligence Comite,115th Cong. June 8, 2017) (Statement forthe Record ofJames B. Comey, Former Ditectorofthe FBI, at 6) 4 Comey 3/30/17 Memorandum,atl; HearingonRussianElection Interference BeforetheSenate Commitee, 115th Cong (June 8, 2017)(Statement fr the Record ofJames B. Comey, inelligence Select formerDirectorofthe FBI, at 6-7). 2 Comey 3/30/17 Memorandum, 2; Boente 1/31/18 302, at 6-7; Hearing an Rusian Election Interference Before the SenateSelect Intligence Commitee,115th Cong. (June 8, 2017) (Statement for the Record oflames B. Comey, former Director ofthe FB, 7). 4 SCROI2 000053 (Presidents Daly Diary 11/17, reflecting call to Comey from 8:27-8:31 fam.); Comey 4/11/17 Memorandum, a 1 ("retunedthe president's cal this moming at 8:26 am EDT, ‘Wespoke foraboutfour minutes.” % Comey A/L1/17 Memorandum,at 1. Comey subsequently testified before Congress about tis conversation and his recollections were consistent With his meme. Hearing on Russian Blection Inlerference Before the Senate Select Intelligence Commitee, 115th Cong. Gune 8, 2017) (Statement for the Record oflames B. Comey, formerDirector of the FBI,#7. se US. Department ofJustice Worle // Proteoted-tinder May-Conisin RGrime Pte) have the White House Counselcontact DOS leadership. The President said he would take that step." The President then added, “Because I have been very loyal to you,very loyal, we had that thing, you know." In a televised interview that was taped early that afternoon, the Presidentwas asked iit was toolate for him to ask Comeytostep down; the President responded, No, it's not tooInte, but you know,Thave confidencein him. We'll sce what happens. You know,i's going to be interesting.”‘Afterthe interview, Hicks told the President she thought the President's ‘comment about Comey shouldbe removedfrom the broadcastofthe interview, but the President ‘wanted to keepitn,which Hicks thought was unusual.”* Laterthatday, the Presidenttold senior advisors, including MeGahn and Pricbus, that he out to Comey twice in recent weeks." The President acknowledged that MeGahn reached had ‘would not approve ofthe outreach to Comey because MeGahn had previously cautioned the President that heshould not talk to Comey diectly to prevent any perception that the White House ‘wasinterfering with investigations.The President told MeGahn that Comey had indicated the FBI could make a public statement thatthe Presidentwas not under investigation ifthe Department ofJustice approved that action.” After speaking with the President, MeGahn followed up with Boente to relay the President's understanding thatthe FBI could make a public announcementit the Department of Justice cleared it?”” MeGahn recalled that Boente said Comey had told him there was nothing obstructive about the calls from the President, but they made Comey luncontfortable2”” According to MeGahn, Boente responded that he did not want to issue a statement about the President not being under investigation because of the potential political ramifications and did not want to order Comey to do it because that action could prompt the Comey 4/1/17 Memorandum,a ™ Comey 4/11/17 Memorandum,a © Comey 4/1/17 Memorandum at . Ina footnote othis statement in his memorandum, Comey “His ‘wrote, use ofthese words didnot fit with the low oftheell, which at that point had moved away From any request of me, but have recorded it here as it happened” °Maria artiomo, Interview with President Trump, Fox Business Network (Apr. 12, 2017): 'SCRO12b000084 (President's Daily Diary, 4/11/17,reflecting Bartromo interview from 12:30 - 12:55 pm). 2 Hicks 12/8/17 302, a 13. °° Probus 10/13/17 302 at 23; MeGahn 12/12/17 302,a9. © Priebus 10/13/17 302, at 23; MeGahn 12/12/17 302,at 9; see MeGahn 11/30/17 302, at 9; Dhillon 11/21/17 302a2 (satngthat White House Counseattorneys had advised the President not ‘contact the FBIDirector dreily becauseit could ereateapereption he was interfering wth investigation). Later in Apri, te Presidentold aterattorneys inthe White House Counsel's Officethat he had called Comey even though he knew they had advised againstdirect coatact. Dillon 11/21/17 302, at 2 realling thatthe President sad“ know you tld me not,but Fealled Comey anyway.” 2 MeGiahn 12/1217 302, 9. 2 MeCiahn 12/12/17 302, 89, > MeGahn 12/12/17 302,a 9; see Boonte 1/31/18 302, at (recalling that Comeytld him after the March 30, 2017 call thatit was notobstructive). 9 US. Department ofJustice Werke Produet/ Protected appointment of a Special Counsel.” Boente did not recall thataspectofhis conversation with ‘MeGahn, but didrecall telling McGahn thatthe direct outreaches from the President to Comey ‘were a problem! Boente recalled that MeGahn agreed and said he would do what he could to auddessthat issue" Analysis In analyzingthe President'sreaction to Sessions's recusal and the requests he made to Coats, Pompeo, Rogers, and Comey, the following evidenceis relevant to the elements of obstruction ofjustice: 8, Obstructive act. The evidence shows that, afler Comey’s March 20, 2017 testimony, the President repeatedly reached out to intelligence agencyleaders to discussthe FBI's investigation. But witnesses had different recollectionsofthe precise contentofthose outreaches. Some ODNI officialsrecalled that Coats told them immediately after the March 22 OvalOffice ‘meting that the President asked Coats to intervene with Comey and “stop” the investigation. But the first-hand witnesses to the encounter rememberthe conversation differently. Pompeo had no ‘memory ofthe specific meeting, but generally recalled the President urging officials to get the ‘word out that the Presidenthad not dane anything wrong related to Russia. Coats recalled that the Presidentasked that Coats statepublicly that no link existed between the President and Russia,but did not ask him to speak with Comey orto help end the investigation, The otheroutreachesby the President during this period were similar in nature. The President asked Rogers if he could do anything to refutethe storeslinking the President to Russia,and the President asked Comey to ‘make a public statement that would “lift the cloud”ofthe ongoing investigation by making clear that the Presidentwas notpersonally under investigation. These requests, while significantenough ‘that Rogers thoughtit important fo document the encounter in a written memorandum, were not interpreted by the officials who received them as directives to improperly interfere with the investigation. b, Newus to. proceeding. Atthe time ofthe President's outreachesto leaders ofthe ieltigence agenciesin late March and early April 2017, the FBI's Russia investigation did not yetinvolve grandjury proceedings. The oulreaches, however, came after and were in response to ‘Comey’s March 20, 2017 announcementthatthe FBI,as apart of its counterintlligence mission, was conducting an investigation into Russian interference in the 2016 presidential election, ‘Comey testified thatthe investigation included anylinks or coordination with Trump campaign officialsand would “includean assessmentofwhether any crimes were committed.” Intent, As described above,the evidencedoes not establish that the Presidentasked ordirected intelligence agency leadersto stop or interfere with the FBI's Russia investigation— and the President affirmatively told Comey that if “some satellite” was involved in Russian lection interference “it would be good to find that out.” But the Presidents intentin trying to ‘prevent Sessions'srecusal, and reachingoutto Coats, Pompeo, Rogers, and Comey following 5 MeGan 12/1217 302, 9-10. Boe 1/31/18 302,a7; MeGahn12/12/17 302, at9. % Boente 1/31/18 302,a7 0 US, Department ofJustice Woe roe Pirteete Comey's public announcement of the FBI's Russia investigation, is nevertheless relevant to ‘understanding what motivated the President's otheractions towards the investigation. ‘The evidence shows that the President was focused on the Russia invesigation’s implications forhis presideney——and, specifically,on dispelling any suggestion that he was under investigation ohad links to Russia, In early March,the President attempted to prevent Sessions's recusal, even aferbeing told that Sessions was following DOJ conflit-oFinerest rules. After Sessions recused, the White House Counse!'s Office tried to cutoff further contact with Sessions ‘although itisnot clear whetherthat direction was conveyed tothe President. The President continued to rase the issue of Sessions's recusal and, when he had the opportunity, he pulled Sessionsaside and urged him to unrecuse. The President also told advisors that he wanted ‘an Attorney General who would protect him, the way he perceived Robert Kennedy and Eric Holderto haveprotected ther presidents. The President made statements aboutbeing able to direct the course oferiminalinvestigations, saying words to the effectof, “You're telling me that Bobby and Jack dida’t talk aboutinvestigations? Or Obamadidn't tell Eric Holder who to investigate?” ‘After Comey publicly confirmedthe existence ofthe FBI's Russia investigation on March 20, 2017, the President was “beside himself” and expressed anger that Comey did not issue a Statement correcting any misperception thatthe President himself was under investigation. The President sought to speak with Acting Attorney General Boente directly and told MeGahn to contact Boente to request that Comey make a clarifyingstatement, The Presidentthen asked other ieligence community leaders to make public statements to refute the suggestion that the President had links to Russia, butthe leaders told him they could not publicly comment on the investigation. On March 30 and April 1 against the advice of White House advisors who had informed him that any direct contact with the FBI could be perceived as improperinterference in ‘an ongoinginvestigation,the President made personal outreaches to Comey asking him to “lift the investigation by making public the fact thatthe President was not personally cloud”ofthe Russia under investigation Evidence indicates thatthe President was angered by both the existence of the Russia investigation andthe public reportingthat he was under investigation,which he knew was not true based on Comey’s representations. ‘The President complained to advisorsthat if people thought Russia helped him withtheelection,it would detract from what hehad accomplished. Other evidenceindicates thatthe President was concemed aboutthe impact ofthe Russia investigation on his ability to govern, The President complained thatthe perception that he was under investigation was hurting his ability to conductforeign relations, particularly with Russia “The President told Coats he “can't do anything with Russia,”he told Rogers that“the thing the Russians” was interfering with his ability to conduct foreign affairs, and he told Comey that The was trying to run the country and the cloud ofthis Russia business was making that difficult.” 6 US. Department ofJustice Moric Mterie-Prsecte D. Events Leading Up To and Surroun: 1g the Termination of FBI Director Comey Overview Comey was scheduled to testify before Congress on May 3, 2017. Leading up to that testimony,the President continued to tll advisors that he wanted Comey to make public thatthe President was not under investigation. At he hearing, Comey declined to answer questions about the scopeor subjects of the Russia investigation and did not state publicly thatthe President was rot underinvestigation. ‘Two dayslater, on May 5, 2017, the Presidenttold close aides he was going to fire Comey, and onMay 9, hedid so, usinghisoficial termination letter to make public that Comey had on three occasionsinformed the President that he was not under investigation. The President decided to fire Comey before receiving advice or a recommendation from the Department ofJustice, but he approved an inital public accountofthe termination tht attributed ittoa recommendation fromthe Department ofJustice based on Comey’s handling ofthe Clinton emailinvestigation, After Deputy Attomey General Rod Rosenstein resisted attributing the firing to his recommendation,the Presidentacknowledged thathe intended to fire Comeyregardless of the DOI recommendation and wasthinkingofthe Russia investigation when he madethedecision, ‘The Presidentalso told the Russian Foreign Minister,“Ijust fired the head ofthe F_B.L. He was I'm not crazy,areal nt job. I faced great pressure because of Russia, That's taken off. ‘under investigation.” Evidence 1. Comey Testifies Before the Senate Judiciary Committee and Declines 10 ‘Answer Questions About Whether the President is Under Investigation ‘On May 3, 2017, Comey was scheduled to testify at an FBI oversight hearing before the Senate Judiciary Commitee." MeGahnrecalled that inthe week leading uptothe hearing, the President aid that it would be the last straw ifComey didnottake the opportunity to setthe record stright by publicly announcing that the President was not under investigation.” The President had previously told McGahn thatthe perceptionthtthe President was under investigation was hurting his ability to earry out his presidential duties and deal with foreign leaders." At the hearing, Comey declined to answer questions about tesatus ofthe Russia investigation, stating “he Deparment ofJustice ha(d] authorized [him] to confirm that [the Russia investigation] exists" butthat he was “not going to say another word aboutit” until the investigation was completed.Comey also declined to answer questions about whether investigators had “ruled ™ Hearing on Oversightofthe FBI before the Senate JudicaryCommitte, 115th Cong. (May 3, 2017). 8 MeGahn 12/12/17 302, at 10-11 5 MeGahn 12/12/17 302, at 7,10-11 (McGbelieved that wo foreign leaders had expressed sympatiy to the Presidentfor being under investigation) SC_AD00265 (Donaldson 4/11/17 Notes) "P Called Comey — Day we told him not to? “You sre not under investigation’ NK/China/Sapping Credit, "Fearing an FBI OversightBefore the Senate Judiciary Committe, 115th Cong. (CQ Cong. “Transcripts, a 70(May 3, 2017 (Lestimony by FBI Director James Comey). Comey repeated this point a US. Department ofJustice 4HorkeProduet / Protected-Under ‘ut anyoneintheTrumpcampaign as potentially atargetofthe] eriminalinvestigation,” inluding ‘whether the FBI had “ruled out the presidentofthe United States.” Comey was also asked at the hearing abouthis decision to announce 1 days before the presidentialelection thatthe FBI was reopening the Clinton email investigation." Comey stated that made him “mildly nauseousto think that we might have had some impact on the election,” ‘but addedthat “even in hindsight” he“would makethe same decision."™"” He later repeated that Ine had no regrets about how he had handled the email investigation and believed he had “done the rightthing at each turn." In the afternoon following Comey's testimony, the President met with MeGahn, Sessions, Chiefof Staff Jody Hunt" At that meeting, the President asked MeGahn how Sessions's ‘and Comey had done in his testimony and MeGahn relayed that Comey had declined fo answer questions about whether the President was under investigationThe President became very tipset and directed his anger at Sessions2”> According to noteswritten by Hunt, the President said, “This is terrible Jeff, It's all because you recused. AGis supposed to be most important appointment, Kennedy appointed his brother. Obama appointed Holder. appointed you and you recused yourself. You let me on an island. I can’t do anything.” The President said thatthe recusal was unfair and that it was interfering with his ability to gover and undermining his authority with foreign leaders.Sessions responded that he had had no choice but to recuse, and itwas a mandatory rather than discretionary decision. Hunt recalled that Sessions also stated at peep several times during his testimony. See i. at 26 (explaining that he was “not goingto say anotherabout bout [the investigation] ntl we'te done"id at 90 (statingthat he wouldnot provide any updates the statusofinvestigation “efor the mater is concluded”) © Hearing om FBI OversightBefore the Senate Judilary Commies, 115th Cong. (May 3,2017)B. (CO Cong, Transcripts, a 87-88)(Questions by Sen. Blumenthal and testimony by FBI Director James Come), Hearing on FAOversightBefore the Senate Judilary Commitee, 115th Cong. (May 3, 2017) (€Q Cong. Transerpts, at 15)(question by Se. Feinstein), 2 Hearingon FBOversightBefore theSenateJudilary Commitee, 115th Cong. (May 3, 2017) (CO Cong, Transcripts, at 17) testimony by FBI Director James B. Carey). Hearing on FIOversightBefore theSenate Judiciary Commitee, 115th Cong. (May 3,2017) (€O Cong, Transerips, t92) testimony by FBIDirector lames B. Comey) 2 Sessions 1/17/18 302,a ; Hunt 2/1/18 302, at 8 2 Sessions i/17/18 302,a 8; Hust-000021 (Hunt5/3/17 Notes); MeGahn 3/8/18 302, at 6 2Sessions /17/18 302,at 8-9, °™ Hun-000021 (Hunt 5/3/17 Notes). Huntsuid that hewrote down notes describing this meeting and others withthe Presigent after the events occurred. Hunt 21/17 302,a2. ° Hunt000021-22 (Hunt 5/9/17 Notes "1 haveforeign leaders saying they are sorry Tam being investigated”)Sessions1/17/18 302,a 8 (Sessions recalledtata Chinese leader hadsaid tothe President that he was sorry thePresident was under investigation,which the President interpreted a undermining his authority; Hunt 21/18 302, a8 Sessions 1/17/18 302,at 8; Hurt-000022 (Hunt 5/3/17 Note). 8 USS. Department ofJustice Worle ! May-Contein-Meterial-Protected-Uinder Fed R-CtirPHfe} some point during the conversation that a new start at the FBI would be appropriate and the President should consider replacing Comey as FBIdirector.” According to Sessions, when the ‘meeting concluded,it was clear thatthe President was unhappy with Comey, but Sessionsdid not decis on to terminate Comey." think the President had made the Bannon recalled that the Presidentbrought Comey upwith him at least eighttimes on May 3 and May 4, 20172 According to Bannon,the President said the same thing each time: “He {old me thre times I'm notunderinvestigation. He's a showboater. He's a grandstander. I don’t know any Russians, There was no collusion.“ Bannon toldthe President that he could not fire ‘Comey because“thatship had sailed."Bannon also told the President that fring Comey was notgoing to stop the investigation, cautioning him that he could fire the FBI director but could not fire the FBI 2. ‘The President Makesthe Decision to Terminate Comey ‘The weekend following Comey"s May 3, 2017 testimony, the President traveled to his resort in Bedminster, New Jersey." Ata dinner on Friday, May 5, attended by the President and various advisors and family members,including Jared Kushner and senior advisor Stephen Miller, the Presidentstated that he wanted to remove Comey and had ideas fora letterthat would be used to make the announcement." The President dictated arguments and specific language for the letter, and Miller took notes." Asreflectedinthe notes,the President told Miller that theliter should stat, “While I greatly appreciate you informing me that I am not under investigation concerning what [ have often stated is a fabricated story on a Trump-Russia relationship ~ pertaining tothe 2016 presidentialelection,please beinformed that I, and believe the American public — including Ds and Rs — havelost faith in you as Director ofthe FBI."Followingthe dinner, Mille prepared a termination letter based on those notes and research he conducted to support the President's arguments” Over the weekend, the Presidentprovided several rounds of > ut-000022 (Hunt 5/17 Notes) 2 Sessions 1/17/18 302,a9. ° Bannon2/12/18 302,220. 4 anon212/18 302, at2, “*: aannon2/12/18 302, at2, © annon2/2/18 302at 20-2;ee Prius 10/13/17302, t 28. © §, Miller 1031/17 302,at 45; SCRO2S_000019 (Presidents Daly Diary,54/17. “Miller 10/31/17 302, 5 ° §, Miller 1031/17 302,a 5-6, ‘© S Millr SS/17 Notes, atl; seS, Miller 10/31/17 302, at © §, Miller 10/31/17 302,a6 64 US. Department ofJustice Marke Brodit! Proteeted-tinder edits on the draft leterMiller said the President was adamant that he not tll anyone at the ‘WhiteHouse what they were preparing because the President was worried aboutleaks." In his discussions with Mille, the President made clear that he wanted the letter to open with a reference to him not being under investigation” Millersaid he believed that fact was important to the President to show that Comey was not being terminated based on any such investigations!" According to Miller, the President wanted to establish as a factual matterthat Comey had been under a “review period” and did not have assurance from the Presidentthat he ‘would be permitted to keephis job. ‘The final version ofthe termination letter prepared by Miller and the Pesident began in & way that closely tracked whatthe President had dictated to Miller atthe May 5 dinner: “Dear Director Comey, While greatlyappreciate yourinforming me,on thee separate occasions, that I am not under investigation concerning the fabricated and poitically-motivated allegations ofa ‘Trump-Russia relationship with respecttothe 2016 Presidential Eletion,please beinformed that {along with members ofbth politicalparties and, most importantly,the American Public,have lost faith in you asthe Directofthe FBI and youare hereby terminated."The four-pageliter ‘went on to critique Comey's judgment and conduct, including his May 3 testimony before the Senate judiciary Committee his handling ofthe Clinton email investigation, and his failure to hold Teakers accountable“ ‘The letter sated that Comey had “asked[the President] at dinner shortly after inauguration to let [Comey] stay on inthe Directors roteand {the President} sid that(he) ‘would consider i,” butthePresident had “concluded that he]hall] no alternative but to find new leadership forthe Bureau ~a leader that estores confidence and trust.™'"* Inthe morning of Monday, May 8, 2017,the Presidentmetin the Oval Office with senior advisors, including MeGahn, Priebus, and Miller, and informed them he had decided to terminate Comey." The President read aloud the first paragraphs ofthe terminationletter he wrote with ‘FS Miller 10/3/17 302,63. © S, Miller 1031/17 302a7. Miller sid he didnotwant Priebus tobe Dindsided, so on Sunday Pricbus to tel him thatthe President had been thinking abou the “Comey situation” and called e h right there would bean important discussion on Monday. S. Mille 1/31/17 302,a7 S, Miller 10/31/17 302, 8 ©, Miller 10/31/17 302, a8 (2 §. Miller 10/31/17 302,at 10. + $cRO13¢_000003-06(Draft TerminationLetter to FBIDirector Comey) ** SCROI3¢_000003-06 (Draft Termination Letter to FBIDirector Come). Kushnersid thatthe termination eter reflected the reasons the Presidentwanted to fre Comey and was the truest representation ‘of what the Presidenthadsaid daring the May 5 dinner. Kushner 4/11/18 302,a 25 5 ScRO13¢_000003 (Draft Termination Let to FBIDirector Comey). + MfeGan [212/17 302, 11; Prius 10/13/17 302, at 24; S, Miller 10/31/17 302,a1; Dillon 1217 302,a6; Bsenberg 1129/17 302 at 13. 6s US. Department ofJustice Worle ! Moteriehreteeted Miller and conveyed that the decision had been made and was not up for discussion”. The President told the groupthat Miller had researchedthe issue and determined the President had the authority to terminate Comey without cause.‘In an effort to slow down the decision-making process, McGahn told the President that DOI leadership was curently discussing Comey’sstatus and suggested that White House Counsel's Office attorneys should talk Sessions and Rod Rosenstein, who had recently been confirmed as the Deputy Attorney General” MeGahn said that previously scheduled meetingswit Sessions and Rosenstein that day would beanopportunity to find out what they thought about fring Comey. [At noon, Sessions, Rosenstein, and Hunt met with McGahn and White House Counsel's Utam Dhillon at the White House." MeGaln said that the President had decided atorney Office to fire Comey and asked for Sessions's and Rosensten’s views.Sessions and Rosenstein criticized Comey and did not raise concerns about replacing him.” MeGahn and Dhillon said the fact that nether Sessions nor Rosenstein objected to replacing Comey gave them peace of mind thatthe President’s decision to fire Comey’ was not an attemptto obstruct justiceAn Oval Office meeting was scheduled later that day so that Sessions and Rosenstein could discuss the issue with the President: ‘At around 5 pam, the President and several White House officials metwith Sessions and Rosenstein to discuss Comey.The Presidenttold the group that he had watched Comey’s May Miller 1031/17 302, at11 (observingthat the President started the meeting by saying,“I'm ‘goingto read you eter. Don't tak meout ofthis. I've made my decision”); Dhillon 11/21/17 302, at 6 {thePresident announcedin an ieversible waythat he was firing Comey) Eisenberg 11/29/17302at 13 {the President did notleave whether or notofre Comey upTor discussion); Priebus 1O/I3/17 302, at25; MeGab12/1217 302,at11-12 + pill302 11/21/17, a6; Eisenberg1/29/17 302 at 13; MeGahn 12/12/17 302,a 1 4Man 12/1/17 302,at 12,13; 8, Mller 1031/17 302, at 11; Dillon 11/21/17 302, a 7. Because ofthe Attomey General’srecsil, Rosenstein became the Acting Atiomey Generalfor the Russia investigation upon his confirmation as Deputy Attorney General. See 8 U.S.C. § S08(a) ("In case ofa ‘vacancyintheoffice ofAtarey General, orohis absenceor disability, the Deputy Attorney General may ‘exercise al the duties ofthat office”). ‘© MeGahn 12/1217 302, at 12 © hilton 11/21/17 302, at 7; MeGahn 12/12/17 302, at13; Gaubar-000056 (Cauhar 5/16/17 Notes) se Gauhar-000056-72 (2/11/19 Memorandum to File ataching Gauharhandwritten noes) (°MS, GGauhar determinedtat she likely recorded all these notes during one or more meetings on Tuesday, May 16,2017"). ‘©Metiahn 12/1217 302at 13; se Gauhar-000056 (Gauhar 5/16/17 Notes), ‘©Dhillon 1121/17 302 t79;Sessions 1/17/18 302, at 9; MeGaln 12/12/17 302, at 13. 9" MoGahin 12/1217 302 at 13; Dhillon 11/21/17 302,a9 © Hun-000026 (Hunt5/8/17 Notes); see Gauhar-000057 (Gaur 5/16/17 Notes). ‘6 Rosenstein /23/17 302,at2; MeGalhn 12/1217 302 at 4;see Gaubar-000057(Gavhar5/16/17 owes) 665 USS. Department ofJustice Worle //Broteeted-tinder 3 testimony over the weekend and thoughtthat something was “not right” with Comey:*” The President said that Comey should be removed and asked Sessions and Rosenstein for their views. Hunt, who was in the room, recalled that Sessions responded that he had previously recommended that Comey be replaced:*® MeGahn and Dhillon said Rosenstein described his concerns about Comey’s handling ofthe Clinton email investigation.” ‘The President then distributed copiesofthe terminationletter he had drafted with Miller, the and discussion tured tothe mechanics ofhow to fire Comey and whether the President's letter should be used." MeGahn and Dhillon urged the Presidentto permit Comey to resign,but the President was adamant that he be fired.The group discussed the possibility that Rosenstein and Sessions could provide a recommendation in writing that Comey should be removed: The Presidentagreed and told Rosenstein to draft a memorandum, but said he wanted to receive it first thing the next morning.* Hunt's notes reflect thatthe President told Rosenstein to includein his recommendation the factthat Comey had refused to coafirm thatthe President was not personally under investigation." According to notes taken by a senior DOJ official of Rosenstein's description of his meeting with the President, the President said, “Put the Russia stuff in the ‘memo." Rosenstein responded that the Russia investigation was not the basis of his recommendation, so he did not think Russia should be mentioned.” The President told Rosenstein he would appreciate it if Rosenstein put it in hs letter anyway." When Rosenstein © Hun-000026-27(Hunt Si8/17 Notes). ‘©Sessions 1/17/18 302,a10;see Gauha-000058(Cauhar 5/16/17 Notes)("POTUSto AG: What is yourree?. © Hunt-000027(Hunt 5/8/17 Note), ‘©Metin 12/1217 302, at14; Dil yn 1121/17 302, 97. © Hun-000028 (Hunt5/8/17 Notes). (©Meiahn 12/1217 302, at 13. © Hunt-000028-29(Hunt 5/8/17 Notes) ‘1 McCabe 9/26/17 302, t13; Rosenstein 523/17 302at 2; see Gauar-000059 (Gauhat5/16/17 Notes) “POTUS tes DAG fo writea memo"), © Hunt-000028-29 Hunt 5/8/17 Notes) ?POTUS asked if Rod's recommendation would include the fact hat although Comey talks about the investigationhe refuses to say thatthe President is not under investigation, Soit would be goodifyourecormendation would makemention ofthe fact thatComey refises to say publlly] what he sad privately 3 times © Gauhar-000059 (Gauhar5/16/17 Notes) © Sessions 1/17/18 302 at 10; MeCabe 9/2617 302, at 13; see Gauhar-000059 (Gauhar 5/16/17 Notes) © Gauhar.000089(Gauhar 5/16/17 Notes}; MeCabe 5/ 6/17 Memorandum 1 MeCabe 9726/17 302, at 13. 1 USS. Department ofJustice Worl ! retected May-Conti Materil Fed left the meeting, he knew that Comey would be terminated,and he told DOJ colleagues that his ‘own reasonsfr replacing Comey were “not [the President's} reasons." ‘On May 9, Hunt delivered to the White House a letter from Sessions recommending ‘Comey'sremoval and a memorandum from Rosenstein,addressed to the Attomey General, titled “Restoring Public Confidence in the FBI." MeGabn recalled thatthe President liked the DOI letters and agreed that they should provide the foundation for a new cover letter from the President ‘accepting the recommendation to terminate Comey.“ Notes taken by Donaldson on May 9 reflected the view ofthe White House Counsel's Office thatthe Presidents originaltermination lettershould “[n]ot [seethe] lightofday”and thatit would be better to offer “[nJo other rationales” forthe firing than what wasin Rosenstein’s and Sessions's memoranda“ ‘The President asked Miller to draft a new terminationletter and directed Millerto say in the leter that Comey had informed the President thre times that he was not under investigation.” MeGahn, Pricbus, and Dhillon objected to including that language, but the Presidentinsisted that it be ineluded.** -MeGalin, Priebus, and others perceived tha language tobe the most important part ofthe letter to “© Rosenstein 5/23/17 302, at2; Gauhar-000059 (Ghar 5/16/17 Notes) (“DAGreasons not their reasons (POTUS}"; Gau-000060(Gauhar 5/16/17 Notes) (*1* draft hada recommendation. Tookit out be knew decisionhaalready been made"). + Rosenstein /23/17 302,a 4; MeCiahn 12/12/17302,at15; 9/17 Letter, Sessions to President ‘Trump (“Hased on my’ evaluation, and forthe reasons expressed by the Deputy Attorney Generain the attached memorandum, Ihave concluded that afresh stats needed atthe leadership ofthe FB”); 59/17 ‘Memorandum, Rosenstcin to Sessions (concluding with “The way the Director handled the conclusionof the email investigation waswrong. As esl, the FBI is unlikely to regain public and congressional trust ‘until tha Director who understandsthe gravity ofthemistakes and pledges never to repeat them. Having ‘efusedto admithis errs thDirectorcannot beexpected toimplement the necessary correctiveactin." 8S, Miller 10/31/17 302,at12; MeGahn 12/1217 302, at 15; Hun-000031 (Hunt 519/17 Notes). © $¢_AD_00342 (Donaldson 5/9/17 Notes). Donaldson alsowrote “[Jthis the begining ofthe ‘end? because she was worriedthatthedecison to terminate Comey and the mannerin which twas carried ‘ut would be the end ofthepresidency. Deneldson 11/6/17 302, at 25, «© §, Mille 10/31/17 302, at 12; MeGaln 12/127 302, at 15; Hunt-000032 (Hunt 5/9/17 Notes). “© MGahn 12/12/17 302, a¢ 15; S. Miller 10/31/17 302a 12; Dillon 11/21/17 302, at 8,10; Pribus LO/13/17 302,827; Hunt 2/18 302, at 14-15; Hunt-000032 (Hunk /9/17 Notes). 68 USS. Department ofJustice Worle //Proteoted-Linder the President.Dhillon made a finalpitch tothe President that Comey should be permitted to ‘resign, but the Presidentrefused.“ ‘Around the time the Presidents letter wasfinalized, Pricbus summoned Spicer and the press team tothe OvalOffice,where they were told that Comey had heen terminatedfor thereasons Stated in thelettersby Rosenstein and Sessions.” To announce Comey’stermination,the White rouse released a statement, which Priebus thought had beendictated by the President.In fll, the statement read: “Today, President DonaldJ. Trumpinformed FBI Director James Comey that he has been terminated and removed from office. President Trump acted based on the clear recommendationsof both Deputy Attorney General Rod Rosenstein and Attorney General JefT Sessions.™“” ‘That evening, FBI Deputy Director Andrew McCabe was summoned to meet with the Presidentatthe White House." The President told McCabe that he had fired Comey because of the decisions Comey had made in the Clinton emailinvestigation and for many other reasons." ‘The Presidentasked MeCabe iThe was aware that Comey had told the President threetimesthat he was not underinvestigation“ The Presidentalso asked MeCabe whether many people inthe FBI disliked Comey and whether McCabe was part ofthe “resistance” that had disagreed with ‘Comey's decisionsin the Clinton investigation ** MeCabe told the Presidenthat he knewComey had told the President he was not underinvestigation,that most people inthe FBIfelt positively about Comey, and that MeCabe worked “very closely” with Comey and was part ofall the ‘decisionsthat had been madeinthe Clinton investigation ** “5Dillon 1121/17 302, at 10; Eisenberg 11/29/17 302,at 15 (providing the view thatthe President's desir o include the lingua about not being under investigation was the “iving animus of the whole thing”); Burnham 11/3/17 302,a16 (Burnhamknew the ony line the President cared about was ‘the ine that said Comeyadvised the Presidenton three separate occasions thatthe President was nt under investigation). According to Hunts notes, the reference to Comey's statement would indicate that “notwithstanding” Comey's having informed the Presiden that he was not under investigation, the President was tenninating Comey. Hurt-000032 (Hunt SI9/17 Notes). MeGahn sui he believed the President wanted the language included so that people would ntthink thatthe President had terminated ‘Comey because the Presidentwas underinvestigation. MeGahn 12/12/17 302, at 15. “© MeGahn 12/12/17 302, at 15; Donaldson 11/6/17 302, at 25; see SC_AD00342 (Donaldson SINotes) ("Resignvs. Removal. POTUS/removal”), 4 pier 116/17 302, at 9; MeGahn 12/12/17302, at 16 4 igbus 1013/17 302, at 28, ©Stayementofthe PressSecretary, The White House,Officeofthe PresSecretary (May9, 2017) ‘© MeCabe 926/17 302,a 4; SCRO2S_000044 (President's Daily Diry, 8/17); MeCabe 5/10/17 ‘Memorandum, a ‘1 McCabe 972617302 at $; MeCabe S/10/17 Memorandum,a ©McCabe 9/26/17 302, at 5; MeCabe 5/1017 Memorandum, at 1-2 © MeCabe 9726/17 302, tS; MeCabe 5/1017 Memorandum,a 1-2 “ MoCabe 9726/17 302, tS; MeCabe 5/10/17 Memorandum, a 1-2 o US, Department ofJustice Worle ! Protected Contai Fed Pte) Later that evening, the Presidenttold his communications team he was unhappy with the press coverage of Comey’s termination and ordered them to go out and defend him:* The President also called Chris Christie and, according to Christie, said he was getting “killed” in the press over Comey’s termination.The President asked what he should do.‘"” ‘Christie asked, “Did you fire [Comey] because of what Rod wroteinthe memo?” and the President responded, Vex." Christe said thatthe President should “get Rod outthere” and have him defend the decision.The President told Christe that this was a “good idea” and sa he was going to call Rosenstein right away: ‘That night, the White House Press Office called the DepartmentofJustice and said the White House wanted to put outa statementsaying that it was Rosenstein’s ica to fire Comey! Rosenstein told other DOJ officials thathe would not participate in putting outa “false story. ‘The Presidentthen called Rosenstein directly and said he was watching Fox News, that the coverage had been great, and that he wanted Rosenstein to do a press conference.*® Rosenstein, responded that this was nota good idea because ithepress asked him, he would tll he truth that, CComey’sfiring was not hisidea. Sessions also informed the White House Counsel's Office that, evening that Rosenstein was upset that his memorandum was being portrayed asthe reason for Comey's termination. {In an unplanned press conference late inthe evening ofMay 9,2017, Spicer told reporters, “teas all [Rosenstein]. No onefom the White House. It was a DOJ decision." That evening and the next morning, White House officals and spokespeople continued to maintain thatthe ‘9 Spicer 10/6/17 302, at 11; Hicks 12/8/17,at 18;Sanders 7/9/18302, t2. Chyiste 2/13/19 302,a6. © Christie 21319 302,a6. © Christie 2/19/19 302,a6. © Christie 2/1319 302,a6. Christie 2/13/19 302,a6. *: Gauhar-000071(Gauhar 5/16/17Notes);Page Memorandum,a3 (ecordingevents of5/16/17}; MeCabe 9726/17 302, at 14 4 Rosenstein 5/28/17 302,a 4-5; Gauha-000059(Cauhar 5/16/17 Notes) ©Rosenstein S/23/17 302at 45; Gauhat-000071 (Gauhar 5/16/17 Notes). 4% Giuhar-00007 (Gauhar5/16/17 Notes). DOJ notes from the weekofComey’sfring indicate that Pricbus was “screaming” atthe DOS public affairs office tying to get Rosensicin to do a press conference,andthe DOI public aus office told Prcbus that Rosenstein had told the Presidenhe was not ‘doing it Gauba-000071-72 (Gauhar5/16/17 Notes). “© MeGahn 12/12/17 302,a 1617; Donaldson 11/6/17 302, 26-27; Dhillon 11/21/17 302, a 11 Jenna Johnson, Aer Trump fred Comey, White Howse staff scrambled to explain why, ‘Washington Post (May 10,2017) (quoting Spice) ” US. Department ofJustice MMorictrodvet ! Protectednder President's decision to terminate Comey was driven by the recommendations the President received from Rosenstein and Sessions.” Inthe morning on May 10, 2017, President Trump met with Russian Foreign Minister Sergey Lavrov and Russian Ambassador Sergey Kislyak in the Oval OfficeThe media subsequently reported that during the May 10 meeting the President brought up his decision the riorday to terminate Comey,telling Lavrov and Kislyak: “justied the head ofthe FB.L. He ‘was crazy, realnut job. [faced great pressure because ofRussia. That's taken off... I'm not Underinvestigation.”‘The Presidentnever denied making thosestatements, andthe White House did not dispute the account, instead issuing a statement that said: “By grandstanding and politcizngthe investigationinto Rus ias actions,James Comey created unnecessary pressure on bur abilto engage and negotiate with Russi. The investigation would have always continued, and obviously, the temniation ofComey would not have ended it. Once again,the real story i, that our national security has been undermined by the leaking of private and highly classified information."Hickssaid that when she told thePresident about the reports on his meeting with Lavrov,hedidnot look eoncemed and said ofComey,“heis razy.""" When MeGahn asked the President about his comments to Lavrov, the Presidentsid it was good that Comey was fied because that took the pressure off by making it clearthat he was not under investigation so he could get more work done”? “That same moming, on May 10, 2017, the President called MeCabe:"® According to a ‘memorandum McCabe wrote following theal, the President asked McCabe to come over tothe White Flouse to discuss whether the President should visit FBI headquarters and make a speech to Daily Briefing, C-SPAN (May 10, 2017); “7 See, eg, Sarah Sanders, White Howse etal.) (internal White House emal describing ‘SCROL3_001088 (5/10/17 Email, Hemming to Cheung ‘comments onthe Comey termination by Vice President Pence). “8 ScROR_000353 (59/17 White House Document, “WorkingVisit with Foreign MinisterSergey Lavrov of Russia"; SCROS_001274 (5/10/17 Email, Ciramella to Kelly ta.) The mestng had been planned on May 2, 2017, dizing a telephone eal beaweenthe President and Russian President Vladimir Paatn, andthe meeting date was confirmed on May’, 2017, the same day the President dictated ideas for the Comey termination letter to Stephen Miler. SCROS_001274(S/10/17 Email, Ciaramella to Kelly et al). © Matt Apuzeo eta, Trump ToldRuslans ThatFiring “NutJob” ComeyBased Pressure From Investigation, New York Times (May 19,2017), + ScROR002117 (5/19/17 Email, Walters to Farhi (CBS News); seeSpier 10/16/17 302, at 13 {noting he would Fave been told to “lean it up” ithe sporting on the meeting with the Russian Foreign Minister was inaccurate, but he was never old to coresthe repertng); Hicks 12/8/17 302at 19 recalling ‘thatthe President never dened making th statements atbuted to him inthe Lavrov meeting athat the President had sid similar thingsabout Comey in an offth-rcord meeting wit reporters on May 18,2017, calling Comey "nut jo” and erazy") ©Hicks 12/8/17 302, 19. 1 MoGabn 12/12/17 302, at 18 + cR02S_000046 (Presidents Daily Diary, 5/10/17}; MeCabe 5/10/17 Memorandum,a n US. Department ofJustice hor rtete employees‘The Presidentsid he had received “hundreds” of messagesfrom FBI employees indicating their support for terminating Comey.The Presidentalso told MeCabe that Comey should not have been permitted to travel back to Washington, D.C. on the FBI's airplane after he had been terminated and that he did not want Comey “in the building again,” even to collect his belongings." When MeCabe met with the President that afternoon, the President, without prompting, told McCabe thatpeoplein the FBI lovedthe President, estimated thata least 80% of the FBI had voted for him, and asked MeCabe who he had voted forin the 2016 presidential election." Inthe aflemoon of May 10, 2017, deputy press sceretary Sarah Sanders spoke to the President about his decision to fire Comey and then spoke to reporters in a televised press conference.‘ Sanders told reporters thathe President, the Department ofJustice,and bipartisan ‘membersof Congress had lost confidencein Comey,“{a]nd mostimportantly,the rank and file of the FBI had lost confidence in their director. Accordingly, the President accepted the recommendation ofhis Deputy Attomey General to remove James Comey from his postion. In response to questions from reporters, Sanders said that Rosenstein decided “on his own” to review Comey’s performance and that Rosenstein decided “on his own" to come to the President ‘on Monday, May to express his concernsabout Comey. When a reporterindicated thatthe ‘vast majority” of FBI agents supported Comey, Sanders said, “Look, we've heard from countless ‘members ofthe FBIthat say very different things." Following the press conference, Sanders spoke tothe President, who told her she did a good job and did not pointout anyinaccuracies in her comments.Sander told this Office that herreference to hearing from “countless members ‘of the FEI” was a “slip ofthe tongue.” She also recalled that herstatementin a separate press interview that rank-and-file FBI agentshad lost confidence Comey was a comment she made “in the heatof the moment” that was not founded on anything” Also on May 10, 2017, Sessions and Rosenstein each spoke fo MeGahn and expressed concer that the White House was ereatinga narrativethat Rosenstein had initiated the decision to °° MeCabe 5/10/17 Memorandum, at °° MeCbe 5/10/17 Memorandum,a © NeCabe 5/10/17 Memorandum, a 1; Rybicki 613/17 302, a2. Comey had been visiting the FBI's Los Angeles office whan he fund out hehad been terminated. Comey 11/18/17 302at 2. © MeCabe 5/10/17 Memorandum, at1-2. McCabe's memorandum documenting his meeting with the Presidentis consistent with notes taken by the White House Counsel's Office. See SC_AD00347 (Donaldson 5/10/17 Notes) © Sanders 7/918 302at;Sarah Sanders, White HowseDaily Briefing, -SPAN (May 10,2017 “© Sarah Sanders, White Howse Daly Briefing, C-SPAN (May 10,2017); Sanders 7/3/18 302,a ‘Sarah Sanders, White House DailyBriefing, C-SPAN(May 10,2017). Sanders T318 302,a4 © Sanders 13/18 302,a4 © Sanders 13/18 302, a3 n US. Department ofJustice Werke //roteoted-Under fire Comey:*** The White House Counsel's Officeagreed thatit wasfactually wrong to say that the Department ofJustice had initiated Comey's termination,“and MeGahn asked attomeys in the White House Counsel's Office to work withthe press office to corect the narative.#* “The nextday, on May 11,2017,thePresident patieipaedin an interview with Lester Holt ‘The President told White House Counsel's Office attomeysin advance ofthe interview that the ‘communications team could not get the story right, soe was going on Lester Hot to say what really happened.*"” During the interview, the President stated that he had madethe decision to fre ‘Comey beforethe President met with Rosenstein and Sessions. The Presidenttold Holt “t was {going to fre regardless of recommendation ...._ [Rosenstein] made a recommendation. But regardless ofrecommendation,Iwas goingto fire Comey knowingthere was no good time to do ivThe President continued, “And infact, when I decided tojust doit, said to myself—Tsaid, ‘you know, this Russia thing with Trump and Russa a made-up story. It's an excuse by the Democrats fr havinglost anelection that they should've won.”*” In response to a question about whether he was angry with Comey about the Russia investigation, the Presidentsaid, “Asfar as I'm concemed, I want that thing to be absolutely done properly." ‘The President added that he realized histermination ofComey “probably maybe will, confuse people” with the result that it “might even lengthen outthe investigation,” but he “halal todothe right thingforthe American people”and Comey was ‘the wrong man for that positon.”*" ‘The President described Comey as “a showboat” and “a grandstander,” said that “[tJhe FBI has been in turmoil,” and said he wanted “to have a really competent, capable director”? The Presidentaffimied that he expected the new FBIdirector to continue the Russia investigation.” On the evening of May 11, 2017, following the Lester Holt interview, the President tweeted, “Russia must be laughing up thei sleeves watching asthe U.S. tearsitselfapart over a Democrat EXCUSE for losing the election." The same day, the media reported that the President had demanded that Comey pledge his loyaltyto the President ina private dinner shortly “9 pfeGahn 12/12/17 302 t1617; Donaldson 11/6/17 302, at 26; se Dhillon 11/21/17 302, at * Donaldson 11/617 302,227 © MeGahn 12/1217 302, at 17. ©Dhillon 11/21/17 302,at11 “ mtersiew wth President Donald Tramp, NBC (May 11,2017)Transcript,a2. “© interview with President Donald Trmip, NBC (May 11,2017) Transerpt,a2. © interview with President Donald Trump, NBC (May 11,2017)Teanserpt, a3 ©Interview with President Donald Trump, NBC (May 11,2017)Transcript,a3 ‘©Interview with President Donald Trump, NBC (May 11, 2017) Transcript, a 1,5. ©Interview with President Donald Trump, NBC (May 11,2017) Transcript, a7. @reaiDonalTrump $/1/17 (4:34 pn, BT)Tweet. n US. Department ofJustice _Attomey_WorleBroduet// rotected after being sworn in4?* Late inthe morning ofMay 12, 2017,the President tweeted, “Again,the story that there was collusion between the Russians & Trump campaign wasfabricated by Dems fs an excuse for losing the election." ‘The President also tweeted, “James Comey better hope that there are no ‘tapes’ ofour conversations before he slarts leaking to the press!” and “When James Clapper himself, and virally everyoneelse with knowledge ofthe witch hunt, says there is no collusion, when doesit end?” Analysis: {In analyzing the President'sdecision to fire Comey,the followingevidenceis relevant to the elements ofobstruction ofjustice a. Obstructive act. ‘The act offring Comey removed the individual oversecingthe The President knew that Comey was personally involved in the investigation. Russia FBI's investigation based on Comey’sbriefing ofthe Gang of Eight, Comey's March 20, 2017 public testimony aboutthe investigation, and the President’s one-on-one conversations with Comey. Firing Comey would qualify as an obstructive act ift had the naturaland probable effect ofinterfering with or impeding the investigation—for example, ifthe termination would have the cffeet ofdelaying or disrupting the investigation or providingthe President with the opportunity to appointa director who would take a different approach to the investigation thatthe President perceived as more protective ofhis personalinterests. Relevantcircumstances bearingon that issue includewhetherthe President'sactions had the potential to discourage a successor director ‘or otherlaw enforcementofficials in their conductofthe Russia investigation. The President fired ‘Comey abruptly withoutofferinghim an opportunity to resign, banned him from the FBT building, and criticized him publicly,calling him a "showboat” and claiming that the FBI was“in turmoit™ under his leadership. And the President followed the termination with public statements that were highly eritieal of the investigation; for example, three days after firing Comey, the President referred to the investigation asa “witch hunt” and asked, “when does it end?” Those actions had thepotential to affect a successordirector's conduct ofthe investigation. ‘The anticipated effectofremovingthe FBI director, however, would not necessarily be to prevent or impede the FBI from continuing investization. 'As a general matter, FBI investigationsran under the operational direction ofFBI personnel levels below the FBI director. Bannon madea similar point when he told the President that he couldfire the FBI director, but could not fire the FBI. The White House issued a press statementthe day after Comey was fred that said, “The investigation would have always continued, and obviously, the temination of Comey would not have ended it.” In addition, in his May' 1 interview with Lester Holt,the President stated that he understood when he made the decision to fre Comeythatthe action might prolong the investigation. And the President chose McCabe to serve as interim director, even ‘Michal S. Schmidt n Private Dinner, Trump DemandedLoyal: Comey Demurred., New York Times (May 1, 2017). ‘ @realDonaldTrump 5/1217 (7-51 am. ET) Tweet © @realDonaldTrump 5/12/17 (8:26 am. ET) Tweet; @realDonaldTrump 5/12/17 (8:54am. ET) ‘Tweet " US. Department of Justice Werke //Protected-Under though MeCabetold the Presidenthe had worked “very closely” with Comey and waspat ofall ‘the decisions madeinthe Clinton investigation. b. Nexus oaproceeding. The nexus element would be satisfied by evidence showing that a grand jury proceeding or criminalprosecution arising from an FBI investigation was ‘objectively foreseeable and actually contemplated by the President when he terminated Comey. Several facts would be relevant to such a showing. At the timethe President fied Comey, jury had not begun to hear evidence related fo the Russi investigation and no grandjury grand 4 subpoenas had beenissued. On March 20, 2017, however, Comey had announced thatthe FBI wasinvestigating Russia'sinterference inthe election,including “an assessment ofwhether any crimes were committed." It was widely known thatthe FBI, as part ofthe Russia investigation, ‘wasinvestigating the hacking ofthe DNC's computers—a clear eriminal offense In addition, atthe time the President fied Comey, evidenceindicatesthe President knew that Flynn was stil undercriminal investigation and could potentially be prosecuted, despite the President's February 14,2017 request that Comey “lt{] Flynn go.” On March 5,2017,the Wh House Counsel's Office was informed that the FBI was asking for trasition-period records relating to Flynn-—indicating that the FEI was stil actively investigating him. The same day,the Presidenttold advisors he wanted to call Dana Boente,then the Acting Attorney General forthe Russia investigation,to find out whetherthe White House or the President was beinginvestigated. (On March 31, 2017, the President signaled his awareness that Flynn remained legal jeopardy by ‘weeting that “Mike Flynn should ask for immunity” before he agreed to provide testimony to the FBI or Congress. And in late March or early April, the President asked McFarland to pass & ‘message to Flynn telling him thatthe Presidentfelt bad for him and that he should stay strong, furtherdemonstrating the President's awareness of Flynn’s criminal exposure. ©. Intent, Substantialevidence indicates thatthe catalyst forthe President's decision to fire Comey was Comey’s unwillingness to publicly state thatthe President was not personally under investigation, despite the President's repeated requests that Comey make such an announcement, In the week leading up to Comey's May 3, 2017 Senate Judiciary Committee testimony,the Presidenttold MeGan thait would bethe last straw ifComey didnot set the record straight and publicly announce thatthe President wasnot underinvestigation. But during his May 3 testimony, Comey refused to answer questions about whether the President was being investigated. Comey's refusal angered the President, who criticized Sessions for leaving him isolated and exposed, saying “You left me on an island.” Two days laterthe President tld advisors he had decided to fire Comey and dictated a letter to Stephen Miller that began with a reference tothe fact that the President wasnot beinginvestigated: “While greatly appreciate you jnforming methat lam notunder investigation concerning what have oftenstated a fabricated ‘Trump-Russia relationship ....""_ The President later asked Rosenstein to include in his memorandum and to say that Comey had told the President that he was not under ‘And the Presidents finaltermination letter included a sentence,atthe President’s and insistence against MeGahn’s advice, stating that Comey had told the President on three separate occasions that he was not underinvestigation. The Presidents otherstated rationales for why he fied Comey are notsimilarly supported by the evidence, ‘The termination letter the Presidentand Stephen Miler prepared in Bedminster 8 US. DepartmentofJustice Worle Produet/ Proteoted-Under cited Comey’shandlingofthe Clinton emailinvestigation, andthe President told MeCabe hefired ‘Comey for that reason. But the facts surrounding Comey's handling of the Clinton emai gation were well known to the President atthe time he assumed office, and the President had made it clear to both Comey and the Presidents senior staf in early 2017 that he wanted ‘Comey to stay on as director. And Rosenstein articulated his eritcism ofComey's handling ofthe Clinton investigation after the Presidenthad already decided to fire Comey. The President's drat termination letter also stated that morale inthe FBI was at an alltime low and Sanders told the pressafter Comey’s termination thatthe White House had heard from “countless” FBI agents wo had lostconfidencein Comey, Butthe evidence doesnotsupport those claims. The President told Comey at their January 27 dinner that “the people of the FBI really like [him),” no evidence suggests thatthe President heard otherwise before deciding to terminate Comey, and Sanders acknowledged to investigators that her comments were not founded on anything, ‘We also considered why it was important tothe President that Comey announce publicly that he was not under investigation, Some evidence indicates that the President belcved thatthe erroneous perception he was under investigation harmed ability to manage domestic and foreign affairs, particulary in dealings with Russia The President told Comeythat the “cloud” of “this Russia business” was makingi difficult to run the country. The President told Sessions and ‘Mean that foreignleaders had expressed sympathyto him for being underinvestigation and that the perception he was underinvestigation was hurting hisability toaddressforeign relations issues. "The President complained to Rogers that“thething with the Russians[Was] messingup” his ability to get things done with Russia,and told Coats,“ can't doanything with Russa, there's things V'd like to do with Russia, with trade, with ISIS, they're all over me with this.” The Presidentalso may have viewed Comey as insubordinate forhisfailure to make clear inthe May 3 testimonythat the President was not under investigation ‘other evidence, however,indicates thatthe President wanted to protect himsef from an investigation into his campaign. ‘The day after learning about the FBI's interview of Flynn, the President hada one-on-one dinner with Comey,againstthe advice ofsenior aides, and told Comey he needed Comey’s “loyaty.”. When the President later asked Comey fora second time to make public that he was not under investigation, he broughtup loyalty again,saying “Because I have been very loyalto you, very loyal, we had that thing, you know.” Atethe President learned of Sessions’s recusal from the Russainvestigation,the President was furious and said he wanted an ‘Attomey General who would protect him the way he perceived Robert Kennedy and Erie Holder to have protected their presidents. The Presidentalso said he wanted tobeable o tell his Attorney General “who to invest In addition, the President had a motiveto putthe FBI's Russia investigation behind him ‘The evidence does not establish that the termination of Comey was designed to cover up a conspiracy between the Trump Campaign and Russia: As deseribed in Volume I, the evidence ‘uncovered in the investigation did not establish thatthe President or those close to him were involved in the charged Russian computer-hacking or active-measure conspiracies, or that the Presidentotherwise had anunlawful relationship with any Russian official. Butthe evidence does indicate that a thorough FBI investigation would uncover facts about the campaign and the President personaly tha the President could have understood tobe crimes or that would give rise to personaland politcal concems. Although the President publicly stated during and after the lection that he had no connection to Russia, the Trump Organization, through Michael Cohen, 6 US. Department ofJustice Protected-Under // -Attomey-tHorke \was pursuingthe proposed TrumpTower Moscowproject through June 2016 andcandidate Trump Se geen cee chess te wulion sme wines hat S Ta:«=oss ocals were Denn puote reportssated tha Rossnnintligence cine wenR BRBRRRE Haesi corprtucly ugh oman about fre Wiens ses”: More ‘Russia investigation and his persistent concern that raised questions aboutthe legitimacy ofhis clection.*® Finally,the President and White House aides initially advanced a pretextual reasonto the press and the public for Comey's termination, In the immediate aftermath ofthe fring, the President dictated a press statement suggesting that he had acted based on the DOJ recommendations, and White House press officials repeated that story. But the President had decided to fire Comey beforethe White House solicited those recommendations. Although the President ultimately acknowledged that he was goingto fre Comey regardless ofthe Department ‘ofJustice's recommendations he did so only after DOJ officials made clear to him that they would resist the White House's suggestion that they had prompted the process that led to Comey’s termination. ‘The intial reliance on a pretextual justification could supportan inference that the Presidenthad concerns about providing the real reasonfor the firing, although the evidence does notresolve whether those cancers were personal, poltieal, or both, E. The President's Efforts to Remove the Special Counsel Overview ‘The Acting Attomey General appointed a Special Counsel on May 17, 2017, prompting the Presidentto state thatit was the end ofhis presidency and that Attorney General Sessions had failed to protect him and should resign. Sessionssubmitted his resignation, which the President ‘ultimately did notaccept. The President told senior advisors thatthe Special Counselhad conflicts ofinterest,but they responded that those claims were “ridiculous”and posed no obstacle to the Special Counsel's service. Department of Justice ethics officials similarly eleared the Special Counsel's service. On June 14, 2017,the press reportedthatthe President was being personally investigated for obstruction of justice and the President responded with a series of tweets "SoeVolumeI, Seeton1K.1,ira * Soe Volum ection IILD.1, supra, © In additionto whether thePresidenthad @ motive related to Russa-elated malters that an FBI investigation could uncover, we considered whether the Presidents intentin fring Comey was connected to other conduct that could come to light asa result ofthe FBI's Russian-interference investigation. In puticular, Michoel Cohen was a potential subject ofinvestigation because ofhis pursuit of the Trump TTower Moscow project and involvement in other activities. And facts uncovered in the Russia investigation, which our Ofierefered to the U.S. Attomey's Officefor the Souther Distt of New ‘Yor, ultimately led to theconvition ofCohen in theSouthem Distriet ofNew Yark freampaign-finance offenses related to payments hesaid he made atthe direction ofthe President. See Volume Il, Section TLK:5,iyra. The investigation, however, id no establish that when the Presidentfred Comey, he was considering thepossibility thatthe F's investigationwould uncoverthese payments orthatthePresident’ Inetin firing Comey wasotherwise connected to & concerabou these maters coming to light n USS. DepartmentofJustice Mork Product! Hrotected Mater Hod-RCrim Pe} criticizing the Special Counsel'sinvestigation. That weekend,the President called MeGahn and directed him to have the Special Counsel removed because of asserted conflicts of interest. ‘MeGahn did not carry out the instruction for fear ofbeing seen a8 triggering another Saturday [Night Massacre and instead prepared to resign. MoGahn ultimately did not quit and the President did not follow up with MeGahn on his requestto havethe Special Counse! removed. Evidence 1. The Ap oints ‘On May 17,2017, Acting Attomey General Rosenstein appointed Robert S. Mueller,1as Special Counsel and authorized him to conductthe Russa investigation and matters that arose from the invesigation.®" The President leamed of the Special Counsel's appointment ftom Sessions, who was withthe President, Hunt, and MeGahn conducting, interviews for anew FBI Director. Sessions stepped out ofthe Oval Officeto take call from Rosenstein, who told him about the Special Counsel appointment, and Sessionsthen returnedto inform the Presidentofthe news." According to notes written by Hunt, when Sessions told the President that a Special CCounse! had beenappointed, the President slumped backin his chair and said, “Oh my God. This is terible. This is theend of my Presidency. I'm fucked." ‘The President became angry and lambasted the Attomey General fr his decision to recuse from the investigation, stating, “How could you lt this happen,Jeff?" The President said the positionofAttomey Generalwas his ‘most important appointment and that Sessions had “let [him] down,” contrasting him to Eric older and Robert Kennedy.*® Sessions recalled that the President said to him, “you were suppose to proteetme," or words to that effect.” The President returned tothe consequences of the appointment and said,“Everyone tells mifyou getoneoftheseindependent counsels it ruins your presidency, Itakes yeasand years and I won't be able to do anything, This isthe worst thingthateverhappened to me. ° ffceofthe Deputy Atormey General, OrderNo. 3915-2017, Appoiniment ofSpecial Counsel ‘0 Investigate Russian Interference withthe 2016 Presidential Election and Related Matters (May 17, 2017). 2 Sessions 1/17/18 302,at13; Hunt2/1/18 302,at 18; MeGahn 12/14/17302 at 4; Hut-000039 (Hunt 5/19/17 Notes). 2 Sessions 1/17/18 302,at13; Hust2/1/18 302,at 18; MeGahn 12/14/17302at 4; Hut-000039 (Hunt 5/17/17 Notes), Hut-000039 (Hut 5/1717 Notes). © Hu-000039 (Hunt 5/17/17 Notes; Sessions 1/17/18 302, at 1314 * Hunt-000040;se Sessions 1/17/18 302, at 14 5 Sessions 1/17/18 302, at 1. 2 Hu-000040 (Hunt 5/17/17 Notes; see Sessions 1/17/18 302, at 14. Early the next morning, the President tweeted, “This is the single greatest witch hunt of e politician in American history! {@realDonaldTrump 5/18/17 (7:52 am. ET) Tweet 8 US. Department ofJustice Mork: / Protected-tinder ‘The President then told Sessions he shouldresign as Attorney General Sessions agreed his resignation and left the OvalOffice.” Hicks saw the Presidentshortly after Sessions submit to departed and described the President as being extremely upset by the Special Counsel's appointment.Hicks said that she had only seen the President Ikethat one other time,when the ‘AccessHollywood tape came out during the campaign"? ‘The next day, May 18, 2017, FBI agents delivered to McGahn a preservation notice that discussed an investigation related to Comey’s termination and directed the White House to preserve all relevant documents *" When he received the leter, MeGaln issued a document hold to White House staff and instructed them not to send out any Burn bags over the weekend while he Sorted thingsout. Also on May 18, Sessions finalized a resignation letter that stated, “Pursuant to our conversation of yesterday, and at your request,I hereby offer my resignation."*" Sessions, ‘accompanied by Hunt, brought the letter tothe White House and handed itto the President."° The President put the resignation leter in his pocket and asked Sessions several times whether he ‘wanted to continue serving as Attorney General"? Sessions ultimately told the President he ‘wanted to stay, but it was upto the President." The Presidentsid he wanted Sessions to stay.*"* ‘At the conclusion ofthe meeting, the President shook Sessions’s hand but did not return the resignation letter. When Priebus and Bannon leamed that the President was holding onto Sessions’s resignation leter, they became concerned that it could be used to influence the Department of Justice" Priebus told Sessions it was not good for the Presidentto have the leer because it 5 Hun-000041 (Hunt 5/17/17 Notes); Sessions 1/17/18 302, at 14 Hunt-000041 (Hunt 5/17/17 Notes); Sessions 1/1718 302at 14 2 icks 118117302,a 21 50 Hiks 121817 302, at21. The Access Hollywood tape was released on October 7, 2016,as Hunt000049 (Hunt 5/18/17 Notes). Hunt-000050-51 (Hunt 5/18/17 Notes). US. Department ofJustice Mork / Protected-tinder Pricbus ‘would function as kind of shock collar” thathe President could se any time hewanted; would they Sessions told Bannon and Priebus throat."™ the Said the President had "DOJ by tleto get the leer back from the President with a notation that he was not accepting Sessionsresignation.”™ ‘On May 19,2017, the President left for a trip to the Middle East.Hicksrecalled that on the President's flight from Saudi Arabia to Tel Aviv,the Presidentpulled Sessions’s resignation letirfrom his pocket,showed it toa group of senior advisors, and asked them whathe should do about it:During the tip, Pricbus asked aboutthe resignation letir so he could retum it to Sessions,but the Presidentoldhim that the letter was back athe White House, somewhere inthe residence.It was not until May 30, three days after the President returned from the trip, that the President returned the letter to Sessions with a notation saying, “Notaccepted." onflictsof interest ris that the Special Cou 2. ThePs In the days following the Special Counsel's appointment, the President repeatedly told advisors, including Priebus, Bannon,and MeGho, that Special Counsel Mueller had conflicts of interestThe Presidentcited as conflicts that Mueller had interviewed for the FBI Director position shortly before being appointed as Special Counsel, that he had worked fora law firm that represented people afiliated with the President, and that Mueller had disputed certain fees relating tohis membership in Trump golfcourse in Northern VirginiaThe President's advisors pushed = Hui-000050 (Hunt 5/817 Notes); Prcbus 10/13/17 302, at 21; Hunt 2/1/18 302, a 21 2 Hun-00001 (Hunt 5/18/17 Notes). 5 $CR026_0001 10 (President's Daily Diary, 8/19/17, 8 Hicks 128117302, at 22. ° piebus 10/13/17 302, at 2, Hunt's notes state thawhen Picbus retuned from the ip, Priebus but when he asked for it the told Hunt that the President was supposed to havegiven him the lte, President “slapped the desk and sald he had forgoten it back atthe hotel. umi-000052 (Hunt Notes, undated), ‘2 ut-000052-53 (Hunt /30/17 Notes); 5/18/17 Letter, Sessions to President Trump(resignation said thatinthe days after the lester), Robert Porter, who was the White House StaffSecretary at the timeletteoutofadrawer in the Oval Sessions Presidenttok the ip, ast President etumed from the Mile a 4/13/8302 Porter ‘Office and showed ito Porter. ° pris V/18/18 302, at 12; Bannon 2/14/18 302, at 10; MeGahin3/818 302, 12/1417 302, 10; Bannon 10/26/18 302, at 12 © priebus /18/18 302, at 12; Bannon 2/4/18 302, 10. October 2011, Mueller resigned his eter that noted tat "we family's membership from Trump National GolfClubin Sterfing, Virginia, ina “whether we thatinquired and Cub the of use makefull to rable are live in the District and find that we 10/12/11 1994. paidin was which fe," membership ial ‘would be entitled toa refund of portionofourinit responded club thecontrollerofthe weekater, two About GolfClu, eter, Mueller to Trump National they would be “placed on a that the Mules’ resignation would be effective October 31,2011, and tat with the club's legal accordance in bass” refunded first / resigned ‘waist to be refunded on a ist 0 USS. Department of Justice //roteeted-Linder Work back on his assertion of conflicts, telling the President they did not count as true conflicts ‘Bannon recalled telling the Presidentthat the purported conflicts were “ridiculous” and that none ‘of them was real or could come close to justifying precluding Mueller from serving as Special Counsel." As for Mueller’sinterview for FBI Director, Bannon recalled thatthe White House had invited Muelleto speak to the President to offer a perspective on the institution ofthe FBI ‘Bannon said that akhough the White Flouse thoughtaboutbeseeching Mueller to become Director again,he did not comein looking for thejob.” Bannon also told the Presidentthat the law firm position did not amount toa conflictinthe legal communityAnd Bannon told the President that the golcourse dispute didnot rise tothe levelof@ conflict and claiming one was “ridiculous and petty."The President did not respond when Bannon pushed back on the stated conflicts of interest * (On May 23,2017, the Department oflustice announced thatethics officials had determined ‘thatthe Special Counsel"s priorlaw firm position did not bar his service, generating media reports that Mueller had been cleared to serve.” MeGahn recalled that around the same time, the President complained about the asserted conflicts and prodded McGabn to reach out to Rosenstein about the issue" MeGahn suid he responded that he could not make such a call and thatthe President should instead consult his personal lawyer becauseit was not a White House issue.” Contemporaneous notes of a May 23, 2017 conversation between MeGahn and the President reflect that MeGaho told the President that he would notcall Rosenstein and that he would suggest thatthe Presidentnot make such a ealeither” MeGahn advised thatthe President could the issue with his personal attorney but it would “look like stil trying to meddle in [the] investigation” and “knocking out Mueller” would be “[a}nother fact used to claim obstruction} of documents, 10/27/11 Lete, Muelirs to Trump National Golf Club. The Mules have not had further contact with the club. 5 priebus 4/18 302, at 3; Bannon 10/2618 302, at 13 (confirming tht he, Priebus, and MeGahn pushed back onthe asserted conti), © Bannon 10/2618 302,at 12-13, Bannon 10/2618 302, at 12 $9 Bannon 10/26/18 302at 12 + annon 10/26/18 302,at 12 Bannon 10/26/18 302,at 13. Bannon 10/268 302,at 12 *°Matt Zapotosky & Matea Gold,stioe Department ethics expert clear Mueller to leadRussia _probe, Washington Post May 23,2017) ‘9 Meciahn 3/8/18 302,a ; MeGahn 2/14/17 302, at 10; Priebus 1/18/18 302 at 12, ‘5MeGiahn 8/18 302,at 1. MeGaln and Donaldsonsid thatafter theappointment ofthe Special tld the President that Counsel, they considered themselves potentialfact witnesses and accordingly 12/14/17 302, at MeGabn counsel. personal is h o t brought shouldbe inguiries related tothe investigation 302,a5 42/18 7; Donaldson 8 Sc_AD_00361 (Donaldson 531/17 Notes). US. Department ofJustice //Protected-tinder Worle justice}" MeGahn told the President that his “biggest exposure” was not his act of firing ‘Comey but his “other contacts”and “cals,” and his “ask re: Flynn."By the time MeGahn provided this advice to the President, there had been widespread reporting on the President's request for Comey’s loyalty, which the President publicly denied;his request that Comey “%et{] Flynn go,”which the President also denied; and the President's statement tothe Russian Foreign Minister thatthe termination of Comey had relieved“great pressure” related to Russia, which the President did not deny °° (On June 8, 2017, Comey testified beforeCongress about hsinteractionswiththe President before his termination,including the request for loyalty, the request that Comey “let{] Flynn go,” and the request that Comey “lift the cloud” over the presidency caused by the ongoing investigation: Comey's testimony led to a series ofnews reports about whether the President had obstructedjusticeOn June 9, 2017, the Special Counsel'sOffice informed the White House Counsel's Office that investigators intended to interview intelligence community officals who had allegedly been asked bythe Presidentto push back against the Russia investigation. * (On Monday, June 12, 2017, Christopher Ruddy, the chiefexecutive of Newsmax Media and a longtime ffiend of the Presidents, met at the White House with Priebus and Bannon.” ‘Ruddy recalled tat the told him the Presidentwas strongly considering firing the Special Counsel SC_AD_00361 (Donaldson 5/31/17 Note). 8 Sc_AD_00361 (Donaldson 5/1/17 Note). 59 See, eg, Michael 8, Schmidt, In a Private Dimer, Trump Demanded Loyalty. Comey Memorandum Says Trump ‘Demurre., New York Times (May 11, 2017); Michael. Schmit, Comey Apuzzo etal, Trump Told Matt “AskedHim to End Flynn vestigation, New York Times (May 16,2017); New ‘Russians Tht Fring Nut Job’ Comey Eaved Pressure From Investigation, York Times (May 19, 2017). “ HHearing on Russian Election Interference Before the Senate Slect Intelligence Commitee, Director ofthe FBI, at une 8, 2017) (Statement forthe Record ofJames B. Comey, former the Cong. 115th February 14, 2017 documenting memocandum his caused deliberately thathe testified Comey 5-6). sent on May 12, President, the twetfrom toa response in Times York New tothe leaked be to meeting he stars conversationsbefore ur “apes”of no are there tha hope better Comey “James sated that 2017, the prompt “might reporter a with memorandum the sharing thought he because press”and tothe Teaking Select Senate the Befre Interference Blction Russian on Hearing specialcounsel.” a f o appointment Intelligence Comite,115th Cong. (lune 8, 2017) (CQ Cong, Transerps, at $5) (testimony by James B, (Comey,former Directorofthe FBI. 1 See, eg, Matt Zapotosky, Comey lays out thecase that Trump obstructedjustice, Washington Post June 8, 2017) (“Legal analysts suid Comey’s testimony clarified and bolstered the case tht the resident obsnuctod justice") 6619/17 Ema, Special Couns!’ Office tothe White House Counse!'s Office. This Office made to give the White House an opportunity to invoke executive privilege in advance of the notification the 12,2017, the Special Counse!'s Officinterviewed Admiral Rogers inthepresenceof June On interviews. 6/12/7302, tI. On June 13, the Special Counsel's Office interviewed Ledget. Rogers agencycounsel, On June 14, the Office interviewed Coats and otherpersonnelfrom his office. aI, 302, 6/13/17 Ledgett ‘Coats 6/4/17 302 at 1; Gistaro64/17 302, aL Culver6/14/17 302,aL 5 Ruddy 616/18 302,a. 2 US. Department ofJustice Work /Protected and that he would do so precipitously, without vetting the devision through Administration officials ** Ruddy asked Priebus ifRuddy could talk publicly aboutthe discussion they had about the Special Counsel, and Priebus sad he could.*” Pricbus told Ruddy he hoped another blow up like the one thatfollowed the termination of Comey did not happen. Later that day, Ruddy sated in a televised interview thatthe President was “considering pethaps terminating the Special Counset” based on purported conflicts ofinterest" Ruddylater told another news outletthat “Trumpis definitely considering” terminating the Special Counsel and “it’s not something that’s ‘being dismissed.">* Ruddy’s commentsled to extensive coverage inthe media thatthe President ‘was considering firing the Special Counsel. White House officials were unhappy with that press coverage and Ruddy heard from fiends thatthe President was upset with him." On June 13, 2017, Sanders asked the President for guidance on how to respond to press inquiries about the possible firing of the Special Counsel" The President dictated an answer, which Sanders delivered, saying that “[w]hile the president has every right to” Fire the Special Counsel, “he has no intentionto do so." ‘Also on June 13,2017,the President's personal counsel contacted the Special Counsel’s Office and raised concernsabout possible conflicts.” The President’s counselcited Mucller's previous partnership in his law fim,hisinterview for the FBI Director postion, and an asserted personal relationship he had with Comey.>* That same day, Rosenstein had testified publicly before Congress and said he saw no evidence of good cause to terminate the Special Counsel, includingfor conflicts of interest®*” Two days later, on June 15, 2017, the Special Counsel's Ry 6/6/18 302, at 5.6 Ruddy 6/6/18 302, a6. 5 Ruddy 616/18 302, a6 ° Trump Confidant Christopher Ruddy says Muellerhas “real confess" asspecialcounsel, PBS Michael D, Shear& MaggieHaberman, FriendSays Trump s ConsideringFiring Mueller 12,2017); (June ‘ax Special Counsel, New YorkTimes (June 12,2017). ‘2 Katherine Fauldes&e Veronica Stacqualurs, TrumpfrendChris RudysaysSpier’ ‘bcarre’ statement doesn'tdenyclaim Trump seekingMuellerfring, ABC (une 13,2017). 5 See, eg, Michacl D. Shear & Maggie Haberman, Friend Says Trump Is Considering Firing Muelleras Special Counsel, New York Times une 12,2017), Ruddy 66/18 302,a 6-7 2 Sanders 13/18 302, at 67. Glenn Thrush et al, TrumpStews, StaffStepsIn, andMueller Is SafeforNow, New York Timesto (Gun13,2017}; 00 Sanders 7/3/18 302,at 6 (Sanders spoke with the President directly before speaking the press on Air Force Oneand the answer she gave isthe answer the President old he (0 giv). °° Special Counsel's Office Attorney 6/13/17 Notes 9 SpecialCounsel's Office Atorney 6/13/17 Notes © Hearing on Fiscal 2018 Justice Department Budget before the Senate Appropriations Subcommiteeon Commerce, Jstve, andScience, 115th Cong, lune 13,2017) (CQ Cong. Transcripts, at 14) (Lestimony by Rod Rosenstein, Deputy Attomey Genera) 3 US. Department ofJustice Mork //Protected-tinder Office informed the Acting Atomey Generals office about the areas of concern raised by the President'scounsel andtld the President's counsel that their concerns had been communicated to Rosenstein so thatthe DepartmentofJustice couldtake any appropriate action.* 3, The Press Reports thatthe President is Being Investigated for Obstruction of istceand the President Directs the White House Counselto Havethe Spscal ‘Counsel Removed (On the evening ofJune 14,2017, the Washington Post published anarticle stating that the ‘Special Counsel was investigating whetherthe Presidenthad attempted to obstructjustie.**" This was the Fist public report thatthe President himself was under investigation by the Special ‘Counsel's Office, and cable news networks quickly picked up on the report. ‘The Post story stated thatthe Special Counsel wasinterviewing intelligence community leaders, including Coats, and Rogers, about what the President had asked them to do in response to Comey’s March 20, 2017 testimony; that the inguiry into obstruction marked "a major turning point” in the investigation; and that while "Trump had received private assurances from then-FBI Director James B. Comey startingin January that he was not personally under investigation,” “[o}ffcials say that changed shortly after Comey's firing."That evening, at approximately 10:31 p.m. the President called MeGahn on McGahn's personal cell phone and they spoke for about 15 minutes" MeGahndid not havea clear memory ofthecall but thought they might have discussed the storesreporting that the President was under investigtion.** Beginning early the next day, June 15, 2017, the President issued a series of tweets acknowledging the existenceof the obstruction investigation and eitcizing it. He wrote: “They ‘made up a phony collusion with the Russians story, found zero proof, so now they go for ‘obstructionofjustice on the phony story. Nice”;"Youare witnessing thesingle greatest WITCH. HUNT in American political history—led by some very bad and conflicted people!”:*” and “Crooked H destroyed phones w/ hammer, “bleached? emails, & had husband meet wAG days ‘© SpecialCounsel's Office Atloey 6/15/17 Noes. Devlin Bart etal, Specialcounsel is investigaing Trumpforposible obstruction ofJustice, oficial say, Washington Post(June 14,2017), “WASH POST: MUELLER 8 ENN, forexample, began renningachron at 6:58pm. hatstated: H, 2017, published (une CNN, JUSTICE.” OF OBSTRUCTION INVESTIGATING TRUMP FOR online at 715 pam. ET) © Devlin Baretta, Special counsel investigating Trumpfor possible obstruction ofjustice, officials say, Washington Post (June 4, 2017). 4 ScR026O0OIRS (President's Daily Diary, 6/14/17) (Feflectng call from the President to ‘MeGin on614/17 with start time 10:31 pan. and end time 10:46 pan); Call RecondsofDon MeGhn, © MGahn 228/19 302, at L-2. MeGahnthoughthe and the President also probably talked about the investiture ceremony for Supreme Court Justice Neil Gorsuch, which was scheduled fr the following ‘ay, MoGabn 2/2818 302, a2 6 @realDonaldTramp 6/15/17 (6:88 am, ET) Tweet © @realDonaldrump 6/5/17 (7:57 am. ET) Tweet, a US. Department ofsie ior /! Protected before she was cleared—& they tak about obstruction?" The next day, June 16, 2017, the President wrote additional tweets eiticizing the investigation: “After 7 months of investigations ‘& committee hearings about my “collusion with the Russians,’ nobody has been able to show any proof, Sad!”;% and “l am being investigated forfring the FBI Director bythe man who told me to fire the FBIDirector! Witch Hunt." (On Saturday, June 17, 2017,the President called MeGahn and directed him to have the Special Counsel removed.” MeGaln was at home and the President was at Camp David.” In interviews with this Office, MeGahn recalled thatthe President called him at home twice and on both occasions directed him to call Rosenstein and say that Muellerhad conflicts that precluded him from serving as Special Counsel*"" (Om the first call, MeGiahn recalled thatthe Presidentsaid somethinglke, “You gotta do this, You gota call Rod.”*”* MoGahn said he told the President that he would see whathe could do:McGahn wasperturbed by the call and didnot intend toact onthe request." He and other advisors believed the asserted conflicts were “silly” and “not real,” and they had previously ‘communicated that view to the President.” MeGahn also had made clea othe Presidenthatthe White House Counsel's Office should not be involved in anyeffort to pressthe issue ofconflict. MeGahn was concemed about having any role in asking the Acting Attorney General to fire the Special Counsel because he had growin up in the Reagan era and wanted to be more like Judge 4 @realDonaldTvump 6/15/17 (3:86 pam. ET)Tweet *% @realDonaldrump 6/16/17 (783 am. ET) Tweet, 5 @realDonaldTrump 6/16/17 (9:07 am, ET) Tweet. 5 MeGhn 3/8/18 302,at 1-2; MeGabn 12/14/17 302, at 10 7 MeGahn 38/18 302, at 1, 3; SCRO26_O00196 (President's Daily Diary, 6/1717) (records showingPresidentdeparted the White House at 11:07 am. on June 17, 2017, ad arrived at Camp David at 37am), 5° Meh 38/18 302,at 1-2; MeGahn 12/14/17 302, a10. Phonerecord show that the President the afternoon on June 17, 2017, and they spoke for approximately 23 minutes. McGann called Daily Diary, 6/17/17) (eflecting ell ffom the President to MeGahn on (President's SCRO26_000196 ad end time 2:46 pm); (Cll Records ofDon MeGahn). Phone records pm. 2:23 ime stat with 6/17/17 MeGahn andthe Presidenthat day. Although MeGabn recalled receiving between anotheral show ‘donot tulipcalls rom the President onthe stme day,in ight ofthe phone records he thought it was possible thatthe ist cll instead occured on June 14, 2017, shoafter thepress reported that he President was lundr investigationforobstructionafjustice, MeGahi228/19 302, at 1-3. While MeGahn wasnotcertain lofthe specifie dates ofthe cals, MeGalin was confident that he hadatleast two phone conversations with the President in which the Presidendirected him to cll the Acting Attomey General t have the Special Counsel removed. MeGahn 228/19 302, at 13 Mean 3/8/8302,a 1 2° Mtiahn 3/8/18 302, a1 MeGahn 3/8/18 302 a © MeGahn 3/8/18 302,at 1-2. © MeGiahn 3/818 302, at 1-2. 8s US. Department ofJustice //Protected-tinder Mork Robert Bork and not “Saturday Night Massacre Bork."*” MeGahn considered the President's request toe an inflection point and he wanted to hit te brakes.>™” ‘When the Presidentcalled MeGahn a second time to follow up on the order to call the Department ofJustice, MeGahn recalled that the President was more direct, saying something like, “Call Rod, teli Rod that Mueller has conflicts and can't be the Special Counsel." MeGahn recalled the President telling him “Mueller has to go" and "Call me back when you do it.”*" -MeGahn understood the President to be sayingthatthe Special Counsel had to be removed by Rosenstcin® To end the conversation with the President, MeGahn fet the President with the impression that MeGahn would call Rosenstein. MeGaha recalled that he had already said no to the Presidentsrequest and he was worn down,so he just wanted to get off the phone. “MeGabn recalled feeling trapped because he dd not plan to follow the Presidentsdirective butdid not know what he would say the next time the President called.MeGahn decided he had toresign?"” He called his personal lawyerand then called his chiefofstaf, Annie Donaldson, to inform her of his decision." He then droveto the office to pack his belongings and submit his resignation letter Donaldson recalled that MeGahn told her the President had called and demanded he contact the Department ofJusticeand thatthe President wanted him todo something that MeGahn did not want to do.2® MeGahn told Donaldson that the Presidenthad called atleast twice and in one ofthe eal asked “have you done it?” MeGahn did not tell Donaldson the specifies ofthe President's request because he was consciously trying not to involve her in the > MeGahn 3/8/18 302,012 5 MeGahn 3/8/18 302,a2. 8 MeGahn 3/8/8302, a5 5 MeGahn 3/8/8302,a2, 5; MeGan 2/2819 302, at3, 5 MeGihn 3/8/18 302,a 1-2, 5 MeGiahin 3/8/18 302,a2. 8 Metahn 228/19 302 at 3; MeGan 3/8/18 302, at 2 9 Mian 3/8/18 302,a2. 5 MeGahn 3/8/18 302,a2. 2 Miah38/18 302, a 2-5; MeGahn2/28/19 302, at 3;Donaldson 4/2/18 302, at 4; Call Records ‘of Don McG, ° MeGhn 3/8/18 302, a2; Donaldson 4/2/18 302, 4 ™ Donaldson 4/2/18 302, 4 Donaldson 4/2/18 302, 4 86 US. Department ofJustice Protected-tnder P r o d u t / Work investigation, but Donaldson infered that the President's directive was related to the Russia investigation.” Donaldson prepared to resign along with MeGahn."” That evening, MeGahn called both Priebus and Bannon and told them that heintended to resign™ McGahn recalled that, afler speaking his attorney and given the nature of the President's request, he decided not to share details of the President's request with other White House staf.” Pricbus recalled that MeGahn said thatthe President had asked him to “do crazy shi,” but he thought McGahn did nottell him the specifies ofthe Presidents request because ‘MeGahn wastying to protect Priebus from what he did not need to know." Priebus and Bannon both urged McGahn not to quit, and MeGahn ultimately returned to work that Monday and remained in his position.” He had nottold the Presidentdirectly that heplanned to resign, and ‘when they next saw each other the President did not ask MeGabn whetherhe had followed through ‘with calling Rosenstein. Around the same time, Chris Christie recalled a telephonecall wit the Presidentin which the President asked what Christie thought about the President firing the Special Counsel.®” Christe advised against doing so because there was no substantive basis forthe President to fire the Special Counsel, and because the President would lose support from Republicansin Congress ithe did so. Analysis In analyzing the Presidents direction to MeGahn to have the Special Counsel removed, the following evidenceis relevant tothe elements ofobstruction ofjustice: &. —_Obsinistive As with the President'sfiring of Comey,the attemptto remove Counsel would qualify as an obstructive act if it would naturally obstruct the Special the MeGahn 2/28/19 302, at 3-4; Donaldson 42/18 302,a 45, Donaldson said she believed ‘McGahn consciously did not share details with her because he did3, not want to drag her into the investigation. Donaldson 4/2/18 302, a ;see MeGahn228/19 30, a Donaldson 4/2/18 302, tS ° MeGabin 12/14/17 302, at 10; Call Records of Don MeGahn; MeGahn 228/19 302, at 3-4; Pricbus 43/18 302, at 67 MeGahn 228/19 302, t 4, Prcbus and Bannon confirmed that MeGahn di no tell tern the specific details ofthe Presidents request. Prcbus 4/3/18 302, at 7; Bannon2/14/18 302, at 10. Priebus 4/9/18 302, at 7 © MeGahn 3/8/18 302,a3; MeGahn 228/19 302, at 34 % MeGahn 3/8/18 302, 83, ©Christie 213/19 302, at7. Christie did nt recall the precise dateofthi cal, but beieved it was7, Wray was announced asthe nomince tobe the new FBIdirector,which was on June Crstopher ster Telephone records show that the President alle Christie twice after that 213/19302,a7. Christie 2017, time period,on July 4, 2017, and July 14,2017, Call Records ofCris Christie ' Christe 213/19 302, 87. 7 US. DepartmenofJustice er Bre t Protected investigation and any grandjury proceedings thatmightflow ffom the inquiry. Even ithe removal ‘ofthe lead prosecutor would not preventthe investigation from continuing under a new appointee, {8 factfinder would need to consider whether the athad the potential to delay further action inthe investigation, chill the actions of any replacement Special Counsel, or otherwise impede the investigation ‘A threshold questionis whether the Presidentin fact directed McGaln to have the Special Counselremoved. After news organizations reported that in June 2017 the President had ordered ‘MeGalto have the Special Counsel removed, the President publicly disputed these accounts, and privately told MeGahn that he had simply wanted MeGahn to bring conflicts ofinterest to the Department of Justice's attention. See Volume Il, Section IL1,infra. Some ofthe President's specific language that MeGahn recalled from the calls is consistent with that explanation Substantialevidence, however,supporthe conclusion that the President went furtherand in fact directed McGahn tocall Rosenstein to havethe Special Counsel removed. First, MeGahn’s clear recollection was thatthe Presidentdirected him to tell Rosenstein only rot that conflictsexisted butalso that “Mueller has to go.” MeGab is a credible witness ‘with no motive to lie oF exaggerate given the position he held in the White House:®* MeGahn spoke wit the President twice and understood the directive the same way both times, making it unlikely that he misheard or misinterpreted the President's request. In response to that request, MeGiahn decided to quit because he did not wanttoparticipate in events thathe described as akin tothe Saturday Night Massacre, He called his lawyer,drove to the White House, packed up his ‘office,prepared to submit a resignation leterwith his chietof staff told Pricbusthat the President had asked him to “do erazy shi,”and informed Priebus and Bannon that he was leaving. Those acts would be highly unusualreaction to a request 19 convey informationtothe Department of Justice. Second, in the days beforethe calls to MeGahn, the President, through his counsel, had already brought the aseried conflictsto theattention ofthe Department of Justice. Accordingly, the President had no reason to have MeGahn call Rosenstein that weekend to raise conflicts issues thatalready had been raised. the President'ssense ofurgencyand repeated requests to MeGahoto take immediate action on a weekend—"You gotta do this. You gotta call Rod."—support MeGahn’s recollection that the President wanted the Department ofJusticeto take action to remove the Special Counsel ad the President instead sought only to have the Department of Justice re-examine asserted ‘conflicts to evaluate whether they posed an ethicalbar,it would have been unnecessary to set the ‘process in motion ona Saturday and to make repeatedcalls to MeGan, Finally, the President had discussed “knocking out Mueller” andraised conflictsofinterest in u May 23,2017 cal with MeGahn,reflectingthatthe President connected the conflicts toa plan to remove the Special Counsel. And in the days leading up to June 17, 2017, the President made ‘lear to Pricbus and Bannon, who then told Ruddy,thatthe President was considering terminating “" When this Office firstinterviewed McGaln about thi topic,he was reluctant to share detaled informationabout what had occured and only did s afer continued questioning. See MeGahn 12/14/17 302 (agent notes) 88 USS. Department ofJustice MariProduet/ Protectedtinder the Special Counsel. Also during this time period,the President reached outto Christe to get his ‘thoughts onfiringthe Special Counsel. Thisevidenceshowsthathe President was notjustseeking an examination ofwhether conflicts existed but instead was looking to use asserted conflicts as 8 ‘way to terminatethe Special Counsel b. Nexus to an official proceeding. To satisfy the proceeding requirement, it would be necessary to establish a nexus betweenthe President's act ofseeking to terminate the Special Counseland a pending or foreseeable grandjury proceeding. ‘Substantialevidence indicates that by June 17, 2017, the President knew his conduct was underinvestigation by aTederal prosecutor who could present any evidence offederalcrimes to & ‘grandjury, On May 23,2017, MeGahn explicitlywarned the President thathis “biggestexposure” ‘was nothis actof firing Comey but hi“other contacts” and “calls,” and his “ask re: Flynn.” By carly June, it was widely reported in the media that federal prosecutors had issued grand jury subpoenas in the Flyan inguiry and that the Special Counsel had taken over the Flynn investigation On June 9, 2017, the Special Counsel's Officeinformed the White House that investigators would beinterviewing intelligence agency officials who allegedly had been asked by the Presidentto push back against the Russia investigation. On June 14, 017,news outlets began reporting thatthe President was himself being investigated forobstruction ofjustice. Based on ‘widespread reporting, the President knew that such an investigation could include his request for ‘Comey’s loyalty;his requestthat Comey “let} Flynn go"; his outreach to Coats and Rogers; and his termination of Comey andstatement tothe Russian Foreign Minister that the termination had relieved “great pressure” related to Russia. And on June 16, 2017, the day before he directed ‘MeGahn to have the Special Counse! removed, the President publicly acknowledged that his ‘conduct was under investigation by a federal prosecutor, tweeting, “I am being investigated for firing the FBI Directorby the man who told me to fire the FBI Director!” ‘c. _Inent. Substantialevidence indicates that the President's attempts to remove the Special Counsel were liked tothe Special Counsel's oversightofinvestigations thatinvolved the President's conduct—and, most immediatly, to reports thatthe President was beinginvestigated for potentialobstruction ofjustice, Before the President terminated Comey,the Presidentconsidered iterically important that was beinginvestigated. he wasnot underinvestigation ad that the public not erroneously think hePresident, while he was ‘As described in VolumeIl, Sction ILD, supra,advisorsperceived the ese aboutgeting out drafting the Comey termination leer, tobe concerned more tan anything that he was not personally under investigation. When the President leameof the appointment of the Special Counsel on May 17,2017, he expressed furthercancem about theivestzatin, saying “ithisistheend ofmy Presidency.” The Presidentalso faulted Sessions foreeusng, tying “you were supposed to protect me” (On June 14, 2017, when the Washington Post reported that the Special Counsel was investigating the President for obstruction ofjustice, the President was facing what he had wanted See, eg, Evan Perez etal, CNN exclusive: Grandjury subpoenas lsued in FIs Russia investigation, CNN (May9, 2017); Matt Ford, Why Mueller Is Taking Over the MichaelFlynn GrandJy, ‘TheAtlantic June2, 2017) 9 US. Department ofJustice Work Brodvet / Protected to avoid: a eriminal investigation into his own conduct that wasthe subjectofwidespread media, tention, The evidence indicatesthat news ofthe obstruction investigation prompted the President to call McGahi and seek to havethe Special Counsel removed. By mid-June,the Department of Justicehad already cleared the Special Counsel's service andthe President's advisors had tld him that the claimed conflictsofinterest were “silly” and did not provide a basis to remove the Special ‘Counsel. On June 13, 2017,the Acting Attorney General testified before Congress that no good ‘cause for removingthe Special Counsel existed, and the Presidentdictated a press statement to Sanders saying he had no intention of firing the Special Counsel. But the next day, the media reported that the President was under investigation for obstruction ofjustice and the Special Counsel was interviewing witnesses about events related to possible obstruction—spurring the Presidentto write critical tweets about the Special Counsel investigation. The President called “MeGabn at home that night and then called him on Saturday from CampDavid. The evidence accordingly indicates that news that an obsirution investigation had been opened is whatled the Presidentto call MeGahn to have the Special Counselterminated. Therealso is evidence that the President knew thathe should not have made those cals to MeGahn. The President made the calls to MeGahn after MeGahn had specifically told the Presidentthatthe White House Counsel's Office—and MeGahn himself—could not beinvolved in pressing confitsclaims and thatthe Presidentshould eonsult with his personal counselif he wished to raise conflicts. Instead of relying on his personalcounsel to submit the confit claims, the President soughtto use hsoficial powers to remove the Special Counsel. And after the media reported on the President’actions, he denied that he ever ordered MeGahn to have the Special Counsel terminated and made repeated efforts to have McGahn deny the sory, as discussed in Volume 11, Section TL,infra, Those denials are contrary to the evidence and suggest the President's awareness thatthedirection to McGahn could be seen as improper. F. The President's Effortsto Curtall the Special Counsel Investigation Overview ‘Two daysafter the President directed MeGahn to have the Special Counsel removed, the President made anotherattempt to affect the course ofthe Russia investigation. On June 19,2017, the President met one-on-one with Corey Lewandowskiin the Oval Officeand dictated a message to be delivered to Awomey General Sessions that would have had the effectof limiting the Russia, investigation to fatue election interference only. One month later, the President met again with Lewandowski and followed up on the request fo have Sessions limit the scope of the Russia investigation. Lewandowski toldthe President the message would be delivered soon. Hours later, the President publicly eiticized Ses ions in an unplanned pressinterview, raising questions about Sessions’s job security Asks Corey Lewandowskito Deliver a Message to Sessions to 1 ‘Curtall Special Counsel Investization ‘On June 19, 2017, two days after the President directed MeGabn to have the Special Counsel removed, the President met one-on-one in the Oval Office with his former eampaign 90 US. Department ofJustice Moric / Protected-tinder manager Corey LewandowskiSenior White House advisors described Lewandowski as a was “devotee” “elowe.t ofthe President and sai the relationship between the Presidentand Lewandowski During the June 19 meeting, Lewandowski recalled that, afler some small talk, the President brought up Sessions and criticized his recusal from the Russia investigation.®™ "The President told LewandowskithatSessions was weak and that ifthe President had known about the likelihood of reeusal in advance, he would not have appointed Sessions.“ ‘The Presidentthen asked Lewandowski to deliver a message to Sessions and said “write this down.”*" This was the first time the President had asked Lewandowski to take dictation,and Lewandowski wrote asfast as possible to make sure he captured the content corecty.* The President directedthat Sessionsshould give a speechpublicly announcing: know that I recused myself from certain things having to do with specific areas. But our POTUS is being treated very unfairly. He shouldn't avea Special Proseeutor/Counsel be he hasntdone anything wrong. T'wason the campaign w/ him for nine months, there were no Russians involved with him. I know it for a factbic I was there. He didn’t do anything wrong except he ran the greatest campaign in American history.” “The dictated message went on to state that Sessions would meet with the Special Counsel to limit his jurisdietion to future election interference [Nowa group of people wantto subvert the Constitution ofthe United States. I am going to meetwith the Special Prosecutor to explain this is very unfair and let the Special Prosecutor move forward with investigating election meddling for future elections so that, ‘nothing ean happen in future elections. = Lewandowski U6/18 302 at 24 SCRO2000201 (Presidents Daily Dis, 19/17 © Kelly 8/2/18 302, at 7; Deatbor 6/20/18 302,at 1 (desribing Lewandowski asa Yeomfort to the President” whose loyally wasappreciated). Kelly suid that when he was ChiefofStaffend thePresident, had mestings wih frends like Lewandowski, Kelly wid not to be there and to push the mectngs tothe residence to eeatedistance from the West Wing. Kelly 8/2/18 302, at 7 5 Lewandowski 46/18 302at. Lewandowski 46/18 302 t 2. "© Lewandowski416/18 302at 2. Lewandowski4/6/18 302 3. > Lewandowski 4/6/18 302, at 23; Lewandowski 6/1917 Notes at 1-2. ©” Lewandowski 4/6/18 302, at3; Lewandowski6/19/17 Notes, 3, 91 US. Department ofJustice Work Pret! Protected-inder Conti Materil Crim-PGte} “The President sid that Sessionsdelivered thatstatement he would be the “most popular guy in the country.""' Lewandowski toldthe President he understood whatthe Presidentwanted Sessions todo.” Lewandowski wanted to pass the message to Sessionsin person rather than over the phone.“ Hedid not wantto meet at the Deparment ofJustice because he did not want a public log of his visit and did not want Sessions to have an advantage over him by meeting on what Lewandowski described as Sessions's turfLewandowski called Sessions and arranged a ‘meetingforthe following evening at Lewandowski's office, but Sessions had to cancel duc to a last minute contlict®"° Shortly thereafter, Lewandowski left Washington, D.C., without having had an opportunity to meet with Sessions to convey the President's message"* Lewandowski stored the notes a safe athis home, which he stated was his standard procedure with sensitive items.” 2, ‘The President Follows Up with Lewandowski Following his June mecting with the President, Lewandowski contacted Rick Dearborn, then a senior White House official, and asked if Dearborn could pass a message to Sessions Dearborn agreed without knowing whatthe message was, and Lewandowskilater confirmed that Dearbom would meet with Sessions for dinner late July and could deliver the message then. Lewandowskirecalled thinkingthatthe President had asked him to pass the message because the President knew Lewandowski could be trusted,but Lewandowski believed Dearborn would bea better messenger because he had a longstanding relationship wit Sessions and because Dearborn ‘was inthe government while Lewandowski was not? (On July 19, 2017, the President again metwith Lewandowskialone in the Oval Of days, as deseribed in Volume Tl, SectionIG,ia, emails and other information preceding Inthe boutthe June 9, 2016 meeting between several Russians and Donald Trump Jr, Jared Kushner, ‘and Paul Manafort had been publicly disclosed. Inthe July 19 mecting with Lewandowski, the © LewandowsA16/18 302, at 3; Lewandowski6/19/17 Noes,at4 2 Lewandowski4/618 302, at 3. © Lewandowski 6/18 30, at 3-4 "Lewandowski 41618 302, at 4 5 Lewandowski 4/618 302, a4 © Lewandowski 4/618 302at 4 © Lewandowski 4/618 302at 4 © Lewandowski 4/618302 at ee Dearborn 6/20/18 302, 23 © Lewandowski4/6/18 302, at 45, © Lewandowski 41618 302at4,6 1 Lewandowski4/6/18 302, at ; SCRO29_000002-03 (65/18 Additonal Response to Spe CounsRequest for Certain Visitor Log Information), 2 US. Department ofJustice SMa Protectee-tander President raised his previous request and asked if Lewandowski had talked to Sessions. Lewandowski told the President that the message would be delivered soon.Lewandowski recalled thatthe President told him that ifSessionsdid not meetwith him, Lewandowskishould tell Sessions he was fired. with the President, Lewandowski saw Dearborn inthe Immediately following the me ting anteroom outsidethe OvalOffice and gave him atypewriten Version ofthe message the President had dictateto be delivered to Sessions.* Lewandowski told Dearborn thatthe notes were the message they had discussed, but Dearborn did not recall whether Lewandowski said the message was from the President"The message “definitely raised an eyebrow"for Dearborn, and he recalled not wanting to ask where it came from or think further about doing anything with iL” Dearborn also. said that being asked to serve as a messenger fo Sessions made him uncomfortable.He recalled later telling Lewandowskithat he had handledthesituation, buthe did not actually fllow through with delivering the message to Sessions, and he did not keep a copy ofthe typevriten notes Lewandowskihad given him.* 3. The President Publicly Criticizes Sessionsin a New York Times Interview Within hours ofthe President's meeting with Lewandowski on July 19, 2017, the President in which he criticized Sessions's decision to ‘gave an unplanned interview to the New York Times recuse from the Russia investigationThe President said that “Sessions should have never recused himself, and ifhe was going to recuse himself, he should have told me beforehe took the job,and I would have picked somebody els."Sessions's recusal, the President said, was “very ‘unfair t the president. Howdo you take ajob andthen recuse yourself? Ifhe would have recused himselfbefore the job,1 would have said, “Thanks,Jeff, but {ean’t, you know, I'm not going to © Lewandowski4/618 302, at 5 © Lewandowski4/618 302, 5 © Lewandowski 4/6/18 302, at 6. Priebus vaguely recalled Lewandowski telling him that in approximately May or June 2017 the President had asked Lewandowski to gt Sessionsresignation. Pretus recalled that Lewandowski desribed his reaction as something like, "What can I do? I'm not an employes ofthe administration, I'm a nobody.” Priebus 4/3/18 302 a6 5 Lewandowski 4/6/18 302,a, Lewandowskisaid he asked Hope Hicks to type thenotes when he wentinto the Oval Office, and he then erieved thenotes from her partway trough his meeting with the President. Lewandowski4/618 302, at 5 ' Lewandowski 4/6/18 302,a S; Dearborn 6/20/18 302, 3. © Dearborn 6720/18 302, 3. ° Dearborn 6720/18 302, 3, © Dearborn 620/18302, at 34 © peter Baker etal, Excerpts From The Times's Inverview With Trump, New York Times Quly 19,2010, © peter Baker eta, Excerpts From The Times's Interview With Trump, New York Times Guly 19,2017). 93 US. Department ofJustice Protected-tnder / Werke take you.’ I'sextremely unfair, and that’s a mild word, to the president."* Hicks, who was present for the interview, recalled trying to “throw [herself] between the reporters and the President)”to stop parts ofthe interview,but the President“loved the interview." Later that day,Lewandowskimet with Hicks and they discussed thePresident's New York ‘Timesinterview.Lewandowski recalled telling Hicks about the President's request thathe mest with Sessions andjoking with her aboutthe idea ofing Sessions asa private citizenif Sessions ‘would not meet with him.As Hicks remembered the conversation, Lewandowski told herthe President had recentlyasked him to meet with Sessions and deliver a message that he needed to do the “right thing” and resignWhile Hicks and Lewandowski were together, the President called Hicks and told her he was happy with how coverage of his New York Times interview ‘itcizing Seasions was playingout!” r bus to Demand Sessions 4, The Presider ‘Three days late, on July 21, 2017, the Washington Post reported that US. intelligence inercepts showed that Sessions had discussed campaigr-related matters with the Russian ambassador, contrary to what Sessionshad said publicly.°™ Thatevening, Priebus called Hunt to talk about whether Sessions might be fired or mightresignPriebus had previously talked to Hunt when the media had reported on tensions between Sessions and the President, and, after speaking to Sessions, Hunt had told Priebus thatthe President would have to fre Sessions if he wanted to remove Sessions because Sessions was not going 10 quit According to Hunt, who took contemporaneous notes of the July 21 call, Hunt told Prichusthat, as they had previously discussed, Sessions had nointention ofresigning." Huntasked Priebus whatthe President would ‘8 peter Baker etal, Excerpts From The Times's Interview With Trump, New York Times July 19,2017). 8 Hicks 128/17 302,a 23. °°" Hicks 3/13/18 302,a 10; Lewandowski4/6/18 302, 6 © Lewandowski 41618 302, a 6 0 Hicks 3/13/18 302, at 10. Hicks thoughtthatthe President might be able to make a recess appointment ofa new Adorney General because theSenate was about to gon recess. Hicks 3/13/18 302, AITO. Lewandowskirecalled that inthe afternoonof July 19, 2017, following his meeting with the President, he conducted research on feces appointments but did ot share his research with thePresident Lewandowski4/6/18 302, 7 © Lewandowski46/18 302,a6 ‘1 Adam Entous et Servint discussed Trump campaigr-related matters with Russian ambassador, U.S Intelligence intercepts show, Washington Post (uly 21,2017). The underying evens ‘concerning the Sesions-Kislyakcontacts are discussed in Volume I, Sesion IV.A.4., supra Hunt 21/18 302, 23 Hunt 21/18 302,a 23. 6Hunt 2/1/18 302, at 2-24; Hunt 721/17 Notes, a 94 US. Department ofJustice _Atiorney-Worle //Protected-Linder accomplishby firing Sessions, pointing outthere was an investigationbefore and there would be an investigation after Early the following morning, July 22, 2017, the President tweeted, “A new INTELLIGENCE LEAK from the Amazon Washington Post, this time against A.G. JeffSessions. “These illegalleaks, like Comey’s, must stop!"Approximately one hour later, the President tweeted, “So many people are asking why isn't the A.G, of Special Council looking atthe many Hillary Clinton or Comeycrimes. 33,000 e-mails deleted?”Later that morning,whileaboard Marine One on the way to Norfolk, Virginia, the President told Priebusthat hehad to get Sessions to resign immediately."The President said thatthe country had lost confidence in Sessionsand the negativepublicity was not tolerableAccordingto contemporaneous notestaken by Priebus, the President told Pricbus tosay that he “need[ed] letterofresignation on[his] desk immediately” and that Sessions had “no choice” but “must immediately resign."Priebus replied that if they fired Sessions, they would never get a new Attorney General confirmed and that the Department of Justice and Congress would turn their backs on the President, but the President suggested he could make a recess appointment replace Sessions. Priebus believed that the President's request was a problem, so he called MeGahn and for asked advice,explaining that he did not wantto pull the trigger on something thatwas “all, wrong."Although the President tied his desire for Sessions to resign to Sessions's negative press and poorperformancein congressional testimony, Priebus believed thatthe Presidents Aesire to replace Sessions was driven by the Presidents hatred of Sessions’s recusalfrom the Russia investigation.” MeGahn told Priebus not to follow the President's order and suid they should consult their personal counsel, with whom they had attorney-client privilege! MeGahn 2Hunt 27/18 302, t 23-24; Hunt 721/17 Notes, at 1-2. © @realDonaldTrump 1/20/17 (6:38 am, ET) Tweet. @realDonaldTrump 7/2217 (7:44 asm, ET) Tweet. Three minutes later,the President tweeted, “Whataboutal ofthe Clinion tiesto Russia including Podesta Company, Uranium del, Russian Rest, big dollar speeches et.” @realDonaldTrump 7/2217 (747 am. ET) Tweet. Pres W/I8/t8 302, at 1314 © Pres W/IR/L8 302,a 14; Prcbus 4/3/18 302,at45; see RP_000073 (Picbus 7/2/17 Nate). © RP_000073 (Priebus7/22/17 Notes). prcbus 4/3/18 302,a5. © pricbus L/L8/8 302,a 14; Prebus 4/3/18 302,a 45. © priebus 4/3/18 302, tS ‘©RP_000074 (riebus 7/2217 Notes); MeGahn 12/14/17 302,a 1; Pribus 1/18/18 302 at14 Prius followed MeGahn’s advie and called his personalattorney to discus the Presidents request ‘because he thought it was the typeofthing about which one would needto consult an atorey. Pricbus V1git8302,a 4 95 US. DepartmentofJustice Mork /Protected-cnder ‘and Pricbus discussed the possibility that they would both haveto resign ratherthan carry out the President's orderto fire Sessions That afternoon, the President followed up with Priebus about demanding Sessions’ resignation, using wordstothe effect of, "Did you getit? Are you working on it?" Priebus said that he believed that his job depended on whether he followed the order to remove Sessions, although the President did not directly say so* Even though Priebus did not intend to cary out the Presidents directive,hetold the President he would get Sessions to resignLater in the day, Priebuscalledthe President and explained thatit would be a calamity if Sessions resigned because Priebus expected that Rosenstein and Associate Attorney General Rachel Brand would also resign and the President would be unable to get anyone else confirmed.** The President agreed to hold ‘off on demanding Sessions's resignation until after the Sunday showsthe nextday, to prevent the shows from focusing onthe fring.” Bythe end ofthat weekend, Pricbus recalled that the President relented and agreed not to to resign.Over the next several das, the Presidenttweeted about Sessions. On Sessions ask the moming of Monday, July 24, 2017, the President criticized Sessions for neglecting to investigate Clinton and calledhim “beleaguered.”* On July 25, the President tweeted, “Attorney GeneralJeff Sessions has taken a VERY weak position on Hillary Clinton crimes (wire are E> mails & DNCserver)& Intel leakers!"*" Thefollowing day, July 26, the President tweeted, “Why didnt A.G, Sessions replace Acting FBI Director Andrew McCabe, a Comey friend who was in ‘chargeofClintoninvestigation."According to Hunt, in lightofthe Presidentsfrequent public attacks, Sessions prepared another resignation letterand forthe rest ofthe yearcarried it with him in his pocketevery time he went to the White House ‘SMeGabn 12/14/17 302, at 11; RP_000O7A (Pricbus 7/22/17 Notes) (discus resigning together”). © ricbus L/18/18 302, at 14; Prebus 4/3/18 302, a4 + Pricbus 4/318 302, a4 © Prebus 1/18/18 302, a 15. Probus 1/18/18 302, a 15. 7 Prebs W/IW/L8 302, a15. 2 Prcbus 1/1W/L8 302,a 15. © @realDonaldTrump 7/24/17 (849 am, ET) Tweet (“So why arent the Commies and investigators, and of course Our beleaguered A.G., looking into Crooked Hillarys crimes & Russia relations”). © @realDonaldTrump 725/17 (6:12 am. ET) Tweet. The President sentanother tweet shortly beforetis oneasking “where isthe investigation AG." @realDonaléTrump 725/17 (6.03 am. ET)Tweet. 6: @realDonaldTrump 726117 (9:48 am, ET)Tweet 6 Hun 2/1/18 302, 24-25, 96 US. Department ofJustice Werke //Proteoted-Einder Analysis In analyzing the Presidents efforts to have Lewandowski deliver a message directing Sessions to publicly announce thatthe Special Counselinvestigation would be confined to future lectioninterference, the following evidence is relevantto the elementsofobstructionofus 4. Obstructive The President's effort to send Sessions a message through Lewandowski would qualify as an obstructive act if it would naturally obstruct the investigation and any grand jury proceedings that might flow from the inquiry ‘The President sought to have Sessions announce that the President “shouldn't have a ‘Special Prosecutor/Counsel” and that Sessions was going to “meetwith the Special Prosecutor to ‘explain this is very unfair and let the Special Prosecutor move forward with investigating election ‘meddling for futureelections so that nothing can happenin future elections.” The President wanted. Sessions to disregard his recusalfrom the investigation, which had followed from a formal DOJ ethies review, and have Sessions declare that he knew “for a fact” that “there were no Russians involved withthe campaign” because he “was there." The President further directed thatSessions should explain that the Presidentshould not be subject to an investigation “because he hasnt done anything wrong.” Taken together, the Presidents directives indicate that Sessions was being instracted to tell the Spectal Counsel to end the existinginvestigation into the President and his campaign, with the Special Counselbeing permitted to “move forward with investigating election ‘meddling for Future elections.” b. Nequstoanofficialproceeding. As described above, by thetimeofthe President's meeting with Lewandowski on June 19, 2017,the existence of a grand jury one-on-one initial investigation supervised by the Special Counsel was public knowledge. By the time of the vy be necessary 10 show that limiting the Special Counsel's investigation would have the natural and probable effect ofimpeding that grand jury proceeding ©. Intent, Substantialevidence indicatesthat the President'seffortto have Sessions limitthe seope ofthe Special Counsel's investigation to future electioninterference was intended to prevent furtherinvestigative serutiny ofthe President's and his campaign’s conduct, ‘As previously deseribed,see Volume Il, Section IIB, supra,the President knew that the wasfocused in part on his campaign,and he perceived allegationsof Russian investigation Russia interference to east doubt on the legitimacy ofhis election. The Presidentfurther knew thatthe investigationhad broadened to include his own conductand whether he had obstructedjustice ‘Those investigations would not proceedif theSpecial Counsel's jurisdiction werelimited to future electioninterference only. ‘The timing and circumstances of the Presidents actions support the conclusion that he sought that result. The Presidents intialdirection that Sessionsshould limit the Special Counsel’, investigation eamejust two days afler the President had ordered MeGahn to have the Special Counsel removed, which itself followed public reports thatthe President was personally under 7 US. Department of Justice Werke / Proteoted-Uinder investigation for obstruction ofjustice. The sequence ofthose events raises an inference that after seeking to terminate the Special Counsel, the President soughtto exclude his and his eampaign’s ‘conduct from the investigation’s scope. ‘The President raised the matter with Lewandowski again ‘on July 19, 2017,justdays after emails and information about the June 9, 2016 meeting between Russians and senior campaign officials had been publicly disclosed, generating substantial media ‘coverage and investigative interest. ‘The manner in which the Presidentated provides additional evidence ofhis intent. Rather than rely on officialchannels, the President met with Lewandowski alonein the Oval Office, ‘The Presidentselected a loyal“devotee”outsidethe White House to deliver the message, supporting an inferencethat he was working outside White House channels, including MeGahn, who had previously resisted contactingthe DepartmentofJustice about the Special Counsel. The President also did not contact the Acting Attorney General, who had just testified publicly that there was no cause to remove the Special Counsel. Instead,the President tried to use Sessions to restrict and redirectthe Special Counsel's investigation when Sessions was recused and could not properly take any action on it ‘The July 19,2017 events provide furtherevidenceofthe Presidents intent. The President followed up with Lewandowskiina separate one-on-one meeting one month afterhefirst dictated the message for Sessions, demonstrating he silsought to pursuethe request. And just hours after ‘Lewandowski assured the Presidentthatthe message would soon be delivered to Sessions, the President gave an unplanned interview to the New York Times in which he publicly atacked Sessions and raised questions about his job security. Four days later, on July 22, 2017, the residentdirected Pricbus to obtain Sessions’s resignation. That evidencecould raise an inference thatthe President wanted Sessions to realize that his job might be on the line as he evaluated whether to comply with the President's direction that Sessions publicly announce that, notwithstanding his ecusal, he was goingto confine the Special Counsel’sinvestigationto future lectioninterference. G. The President's Effortsto PreventDisclosureof Emails Aboutthe June 9,2016 Meeting Between Russians and Senior Campaign Officials Overview By June 2017,the President became aware ofemailssetting up the June 9, 2016 meeting between senior campaign officials and Russians who offered derogatory information on Hillary Clinton as “part of Russia and its government's support for Mr. Trump.” On multiple occasions in late June and early July 2017,the Presidentdirected aides not to publicly disclose the emails, and he then dictated a statement about the meeting to be issued by Donald Trump Jr. describing the meeting as about adoption. Evidence . The President Leams About the Existence of Emails Concerning the June 9, 2016Tower Tn mid-June 2017—the same week thatthe Presidentfirstasked Lewandowskito pass a ‘message to Sessions—senior Administration officials became aware ofemailsexchanged during 98 US. Department ofJustice Work Prodet / Protected Jared Kushner, and thecampaign arranging a mesting between Donald Trump Je, Paul Manafr, stated thatthe a Russian alforey.*™ ‘As deseribed in Volume I, Section TV.A.5,supra, the emails campaign with some official “crown [Prosecutor of Rusia” had offered “Yo provide the Trump dealings with Russiaas pat her and Hillary documents and information that would incriminate J. responded,“[I]i's what of"Russia and its governments suppor for Mr. Trump." ‘Trump Russian attorney and several you say Tlove i” and he, Kushner,and Manafort metwith the meetingthe Russian afomey Atthe 2016: Jue9, Toweron Trump individualat Russian ‘ther Clinton and Hillary to provided were Russia in ‘laid that fundsderived from illegal activites ‘other Democrats andthe Russian atfomey then spoke about the Magnitsky Act, 2012 USS statute that imposed financial andtravel sanctionson Russian ofiials and that had resulted ina retaliatory ban in Russia on U.S. adoptionsofRussian children” ‘Accordingto writen answers submitted by the Presidentin response to questionsfrom this Office, the President had no recollectionof learning ofthe meetingor the emails settingit up atthe time the meeting occurredoat any aher time before the election ‘The Trump Campaign had previously received a document request from SSCIthat called forthe production of variousinformation,including “(a list and a description ofall mectings” between any “individualaffliated with the Trump eampaign” and “any individual formally or informally affiliated with the Russian governmentor Russian business interests which tookplace between June 16, 2015, and 12 pm on January 20, 2017," and associated records.” Trump Organization sttomeys became aware ofthe June 9 meeting no later than the first week of June 2017, when they began interviewing the meeting participants, and the Trump Organization ‘attorneys provided the emails siting up the meeting tothe Presidents personal counsel" Mark CCorallo, who had beenhited asa spokesman for the President's personallegal team, recalledthat he leamed about the June 9 meeting around June 21 or 22,2017." Priebus recalled learning about the June 9 meeting from Fox News host Sean Hannityin late Jane 2017.9 Priebus notified one © ks 3/13/18 302, 1s Raffel 28/18 302, 82, RG000061(63/16 Email, Goldstone to Trump Jr); @DonaldTramplR 7/11/17 (1:01 am. ET) Tweet. 6 RGN00061(6/3/16 Email, Trump Jr to Goldstone); @DonaldTrumpJR 7/11/17 (1L:O1 am. ET) Tweet 6 samachoenov 7/12/17 302at 4 © Seo Volume I, Section 1V.A.S, supra (deseibing meeting in detail). writen Responses ofDonal J. Trump (Nov. 20,2018), at 8 (Response to QuestionI, Pats (a)or through (@). The President declined to answer Guesions about his knowledge ofthe June 9 mecting other events aftr theelection. ‘ DsTER_SCO_PDF_00000001-02 (5/17/17Letter, SCIto Donald J Trump forPresident,In) Goldstone 2/8/18 302at 12; 62/17 and 6/5/17 Ema, Goldstone & Garten;Raffel 2/8/18 302, at 3; Hicks 313/18 302, at 2 © Corallo 2/15/18 302,a3 © Pricbus 4/318 302, a7 US. Department ofJustice Wor May iterie-seeted ofthe President's personal attomeys, who told Priebus he was already working on it!” By late June, several advisors recalled receiving media inquiries that could relatetothe June 9 meeting 2, The President Directs Communications Staff Not to Publicly Disclose information About the June 9 Mesting ‘Communications advisors Hope Hicks and Josh Raffel recalled discussing with Jared Kushner and Ivanka Trump thatthe emails were damaging and would inevitably be leaked” Hicks and Raffel advised that the best strategy wasto proactively release the emails tothe press. ‘On or about June 22, 2017, Hicks attended a meeting in the White House residence with the President, Kushner,and Ivanka Trump.®” According to Hicks, Kushnersaid thathe wanted to fil the Presidentin on something that had been discovered in the documents he was to provideto the congressional committeesinvolving a meeting with him, Manafort, and Trump Je.Kushner broughta folder of dacumentsto the meeting and tried to show them to the President, but the Presidentstopped Kushnerand said he did not want to know abouti, shutting the conversation downs” (On June 28, 2017, Hicks viewed theemails at Kushner's attorney'soffice” She recalled being shocked by the emails because they looked “really bad."**” The next day, Hicks spoke privately with the President to mention her concern about the emails, which she understood were soon going tobe shared with Congress." The President seemed upset because too many people knew about the emails and he told Hicks tht just one lawyer should dealwith the mater." The President indicated thathe did not think the emails wouldleak, but sad they would leakifeveryone had access to ther. © Pricbus 4/5/18 302 7 © Corallo 2/18/18 302, at 3; Hicks1271/17 302, a 8; Raffel218/18 302, 3, ‘©Raffel 2/8/18 302, at 2-3; Hicks 313/18 302, at 2 ‘Raffel 2/8/18 302,2-3, 5; Hicks3/13/18 302, a2; Hicks 12/7/17 302,a8. (Hicks 127/17 302,a 67;Hicks3/13/18 302, 1 (8 Hicks 127/17 302,a7; Hick 313/18 302,a ©Hicks 127117300, a7; Hicks 313/18302,at 1. Couns!for vanka Trumpprovided anatorey profferthat is consistent with Hicks's account and with theother events involving Ivanka Teumpst for inthis section ofthe report. Kushrersaid tat he id not realtalking to the President at this ime about the june 9 mecting othe underlying emails. Kushner 4/1/18 302, at 30, Hicks 3/13/8302, at 1-2 $ Higks 3/13/18 302, 2 © Hicks 127717 302, a0 8. © Hicks 3/13/18 302, at 23; Hicks 127/17 302,a8, 6 Hicks 127117302, a8 100 US. Department ofJustice Wor MayBrtecte Laterthat day,Hicks, Kushner, and Ivanka Trump went togetherto talk to the President. Hicks recalled that Kushner told the Presidentthe June 9 meeting was nota big deal and was about Russian adoption, but that emails existed setting up the meeting. Hickssaid she wanted to get infront of the story and have TrumpJ. release the emus aspart ofaninterview with “softball questions,”‘The President said he did not want to know aboutit and they should not goto the press." Hicks warmed the Presidenttha the emails were “really bad” and the story would be “massive” when it broke,but the President was insistent that he did not wantto talk aboutit and said he did not want details." Hicksrecalled that the President asked Kushner when his document production was due.®™ Kushner responded thatit would be a couple ofweeks and the President Stonerhls "1Hicksalso recalled that the President said Kushner’attorney should the emails o whomever he needed to give them to, but the Presidentdid not think they would feleaked to thepress" Rafe later hear from Hicks that the President had directed the group not to be proactivein diselosingthe emails because the President believed they would not leak" 3. ‘The President Directs 's Response to Press Inquiries Abo ‘une 9 Meeting ‘The following week, the President departed on an overseas trip forthe G20 summit in Hamburg, Germany,accompanied by Hicks, Raffel, Kushner,and Ivanka Trump, amongothers. (On July 7, 2017, while the President was overseas, Hicks and Raffellearned thatthe New York ‘Times was working on a story about the June 9 meeting” The next day, Hicks told the President bout thestory and he directed hernot to comment.™ Hicks thoughtthe President's reaction was ‘odd because he usually considered not responding to the press tobe the ultimate sin.” Later that ‘day, Hicksand the residentagain spoke aboutthestory Hicks recalled thatthe Presidentasked (9 Hicks 127717302, at 8; Hicks 3/13/18 302, a2. Hicks 393/18 302at 2; Hicks 127717 302, a 9. 1 Hloks3/13/18 302, at2-3, ‘9 Hicks 3/13/18 302, at 2-3; Hicks 12/717 302, 9, Hicks 3/13/18 302,a3; Hicks 12117302,a9. © Hicks 313/18 302,a3, © Hicks 3/13/18 302,23, ks 127/17 302,a9. Raffel 2/8/18 302,aS Raffel 2/8/18 302, a6 © Ralfel208/18 302,a 6-7; Hicks 313/18 302, 83. Hicks 127717 302, at 10; Hicks 313/18 302, at 3. ©Hicks 127117302,at 10. Hicks 3/13/18 302, 83 101 US. Department ofJustice SMorkc//Protected-nder her what the meeting had been about, and she said that she had been told the meeting was about Russian adoption. The President responded, “thenjust say that.” (On theflight home from the G20 on July 8, 2017, Hicks obtained a draft statementabout the meeting tobe released by Trump Jr. and broughtit fo the President.” The draft statement began with a reference to the information that was offered by the Russians in setting up the was asked to have a meeting by an aequaintanceI knew from the 2013 Miss Universe pageant with an individualwho I was told might have information helpful to the eampaign.”™ Hicks again wanted to disclose the entire story, but the President directedthatthe statement not be issued because it said too much.The President told Hicks to say only that TrumpJr, took a brief ‘mecting and it was about Russian adoption.” Afterspeaking with the President, Hicks texted “Trump Jr. a revised statementon the June 9 meeting that read: Tewas short meeting, [asked Jared and Paul to stop by. We discussed 2 program about the adoption ofRussianchildren that was active and popularwith American families years ‘ago and was since ended by the Russian government, butit was not a campaign issue at ‘that me and there was no follow up.”* Hicks's text concluded, “Are you ok with this? Auributed to you."® Trump Jr responded by text message thathe wanted to add the word “primarily”before “discussed” so thatthe statement ‘would read, “We primarilydiscussed aprogram aboutthe adoption ofRussian chien.”Trump Je. texted that he wanted the change because “[t)hey started with some Hillary thing which was bs and some other nonsense which we shot dawn fast." Hicks texted back, “think that’s right 100 but boss man worried it invites alot ofquestions] [U]kimately [deferto you and [yourattorney] ‘on that word Be I knowit'simportantand I think the mention of a campaignissu adds something, to itin case we have to go further." Trump J. responded, “IFT don’t have iin there it appears asthough I'm lyinglater when they inevitably leak something."" TrumpJ's statement—adding "Hicks3/13/18 302, at 3; Hicks 12/717 302, at 10. Hicks 3/13/18 302,a3; see Hicks12/7/17 302, at 10. leks3/13/18 302,a4 Hicks 7817 Notes Hicks 3/13/18 30, at45; Hieks12/717 302,a1 Hicks 127/17 302,a 7 SCROI1a_000004 (78/17 Text Message,Hicks to Trump Jr). > SCROI1a_000004 (78117 Text Message, Hicksto Trump Jr). 9 $CRO! 1_000005 (7/8/17 Text Message, Trump Jt to Hick). ™ SRO a_000005 (1/8/17Text Message, TrumpJt to Hicks). © SCROI La_000005 (7/8/17 Text Message, Hicks to TrumpJ). 7" $CROLa_000006 (1/8/17 Text Message, TrumpJr to Hicks). 102 US, Department of Justice toric Product! Protected Contai Materil R-Crim B-6e) the word “primarily” and making other minor addtions—wasthen provided to the New York “Times.” Thefull statement provided tothe Times state: 1k.wasa short introductory meeting. asked Jared and Paul to stop by. We primarily discussed a program aboutthe adoption of Russian children that was active and popular ‘with American families years ago and was since ended by the Russian government,butit ‘was nota eampaign issue atthe time and there was nofollow up. Iwas asked to attend the meeting by an acquaintance, but was not told the name of the person I would be meeting ‘with beforehand." ‘The statement didnot mention the offerofderogatory information about Clinton orany discussion of the Magnisky Act orUS. sanctions, which were the principal subjects of the meeting, as described in VolumeI, Section IV.A.S, supra, A short while late, while stilon Air Foree One, Hicks leaned that Priebus knew about the emails, which furtherconvinced her thatationalinformationabout the June 9 meeting would Teak and the White House should be proactive and get in front ofthe story.”Hiks recalled again going tothe President to urge him that they should be fully transparent about che June 9 meeting, but heagain suid no,telling Hicks, “You've given a statement. We're done." Later on the fight home, Hicks went to the President's cabinwhere the President wason te phone with one ofhispersonalattorneys.” At one pointthe President handed the phone to ick, and the attorneytold Hicks that he had been working with Circa News on a separatestory, tnd that she should not talk tothe New York Times." 4, The Media Reportson the June 9, 2016 Meeting Before the President's light home from the G20 landed,the New York Times published its story about the June 9, 2016 meeting," In addition tothe statement from TrumpJ, the Times story also quoted a statementfom Corallo on behalfofthe Presidentslegal tam suggesting that the meeting might have beena setup by individuals working withthe firm that producedthe Steele reporting." Corallo also worked with Cirea News on a story published an hour later that 2Hicks 3/13/18 302,a6; seeJo Becker eta, Trump Team Met With LawyerLinkedto Kremlin ‘During Campaign, New Yark Times uly 8, 2017) 7See Jo Becker etal, Trump Team Met WithLawyerLinked to KremlinDuringCampaign, New York Times ly 8, 2017). 7Higks 3/1318 302, t 6; Rael 28/18 302, at 9-10, 2Higks 1279/17 302,at 12; Raffel 2/8/18 302 10. 2Hicks 3/13/18 302, at, 76Hicks 3/13/18 302 7. 7See to Becker et al, Trump Team Met With LawyerLinkedto Kremlin During Campaign, New ‘York Times uly 8, 2017); Raffel 28/18 302,a 10 7 Soe Jo Becktal Tramp Team Met With LawyerLinkedto Kremlin During Campaign, New York Times (ly8, 2017), 103 US. Department ofJustice Mod /Protected-tinder questioned whether Democratic operatives had arranged the June 9 meeting to create the Appearance ofimproper connections between Russia and Trump family members.” Hicks was upset about Corallo’s public statement and called him that evening to say the President had not approved the statement. ‘The next day, July 9, 2017, Hicks and the President called Coral together and the President criticized Corallo for the statement he had released.” Corallo told the Presidentthe statementhad been authorized and further observed that Trump Jr.'s statement was inaccurate and that a documentexisted that would contradict” Corallosaid that he purposely used the term “document” to refer totheemails setting up the June 9 meeting because he di not know what the President knew about the emails” Corallo recalled that when he refered tothe “document” on the call withthePresiden, Hicks responded that only afew people had acces o it and said “it will never get out””* Corallo ook contemporaneous nots ofthe call thatsay: “Also mention existence ofdoe. Hope says ‘only a few people haveit. It will never getout.""™Hickslater tld investigators that she had no memory ofmaking that comment and had always believed the emails ‘would eventually be leaked, but she might have been channeling the President on the phone call because it was clear to her throughout her conversations with the President thathe didnotthink the emails would leak.”® (On July 11, 2017, Trump Jr. posted redacted images of the emails setting up the June 9 ‘meeting on Twitter; the New York Times reported that hedid so“[ater being told that The Times ‘was about to publish the content of the emals."™” Later that day, the media reported thatthe President had been personally involved in preparing Trump Jr.'s intial statement to the New York ‘Times that had claimed the meeting “primarily” concerned “a program aboutthe adoption of Russian chldren.”” Overthe nextseveraldays, the President's personal counsel repeatedly and 7 See Donald TrampJr. gathered members ofcampaignformeeting with Russian lawyer before lection, Cirea News (uly 8, 2017). 7 Hicks3/13/18 302, at 8; Coralo 2/15/18 302,a 67. * Corallo 2/15/18 302,a7. ™Coral2/15/18 302,a7. 78 Conalo 215/18 302,27-9, 7 Corallo 2/15/18 302,a8 5 Corallo 2/15/18 302, at 8; Corso 7/917 Notes("Sunday 9 — Hopecalls w/ POTUSon ine”). Corll sid hei 100%confident”that Hicks said “Iwill neverget ouonthecall. Corallo 215/18 302, 9, 7 Heks 3/13/18 302,a9. 2 @DonaldFTeumpsR 7/11/17 (11:01 am. ET) Tweet Jo Becker et al, Ruslan Dir on Clinton? ‘Love h" Donald TrumpJ Sald, New York Times ily 11,2017) See, eg. Peter Haker & Maggie Haberman, Rancorat White Howse at Russa Story Refuses to Let the Page Turn, New York Times (uly 11, 2017)(reporting that the Presiden signed off" on Trump Sesstateren’). 104 US. Department ofJustice WorkMiy-Contein- Protected:tinder inaccurately denied that the Presidentplayed any rolein drafting Trump Jr.’sstatement.” After consulting withthe President on the issue, White House Press Secretary Sarah Sanders told the ‘media that the President “certainly didn't dictate”thestatement,but that “he weighed in,offered suggestionslike any father would do."Several monthslate, the President's personal counse! stated in a private communication to the Special Counsel's Office that “the President dictated a short but accurate response tothe New York Times article on behalfofhis son, Donald Trump, Jr.""The President later told the press that it was“relevant” whether he dictated the statementof and said, “Isa statementto the New York Times... That's nota statement toa high tribunal judges." E si 207Spococ 0E ho tended ie antoe I Foe ewtng UR Tune 9 meeting, On July 19, 2017, the President had his follow-up meeting with Lewandowski and then ‘met with reporters for the New York Times. In addition to criticizing Sessions in his Times interview,the President addressed the June 9, 2016 meeting and said he “didn’t know anything about the meeting”atthe time.”™ The President added, “As I've said—most other people, you know, when they call up and say, “By the way, we have information on your opponent,” think ‘most politicians — I was just with a lot of people, they said... , Who wouldn't have taken a meetinglike that?" Analysis Inanalyzing the President'sactions regardingthe disclosure ofinformation about the June ‘9 meeting, the following evidenceis relevant to the elements ofobstructionofjustice: Obstructive ast, On at least three occasions between June 29, 2017, and July 9, 2017,the President directed Hicks and others not to publicly disclose information aboutthe June See, eg, DavidWright, Trumplawyer: Presidem was awareof nothing”, CNN Gly12,2017) (quoting thePresidents personalstorey assaying, “T wasn't involved in the statement drafting a all nor ‘was the President”, see also Good Morning America, ABC (ly 12, 2017) (“The Presidentdidn't sign ‘off on anything». ThePresident wasn’ involved in ha." Meet she Press, NBC uly 16, 2017) 1 do ‘want to be clear—the President was not involved in thedeftngofthestatement”) 7Sarah Sanders, White House Daly Briefing, C-SPAN (Aug. 1, 2017} Sanders 7/3/18 302,a 9 ‘the Presidenttold Sanders he “weighed in, as any Taher would”and knew she intended to el the press ‘whathe sai) >! 29/8 Letter, President's Personal Counselt Special Counsel's Office, at 18 Remarksby President Trumpin Press Gaygle une15,2018). ™ Peter Baker et al, Excerpts From The Times's Interview With Trump, New York Times (July 19,2017. Peter Baker etal, Excerpts From The Times's Interview With Trump, New York Times (July 19,2017, 10s 9, 2016 meeting between senior campaign officals and a Russian attorney. On June 29, Hicks ‘wamed the President that the emails setting up the June 9 meeting were “really bad” and the story would be “massive” whenit broke, but the Presidenttld her and Kushner to “leave it alone.” Early on July 8,after Hicks told the President the New York Times was working on a story about the June 9 meeting,the President directed her not to comment, even though Hicks said thatthe Presidentusually considered notresponding to the press to be theultimate sin. Later that day, the President rejected Trump Jr.'s daft statement thatwould have acknowledged thatthe meeting was with “an individual who T was told might have information helpful to the campaign.” The President then dictated a statement to Hicksthatstd the meeting was about Russian adoption (which the President had twice been told was discussed at the meeting). The statementdictated by the President did not mention the offerofderogatory information aboutClinton, Each ofthese efforts by the President involved his communications team and was directed They would amount to obstuctive acts only ifthe President, by taking these actions, press, atthe Sought to withhold information from ormislead congressional investigatorsorthe Special Couns! ‘On May 17, 2017, the President's campaign received a document request from SSCI that clearly ‘covered the June 9 meeting and underlyingemails, and those documentsalso plainly would have been relevant tothe Special Counsel's investigation. Butthe evidence does not establish thatthe President took steps fo preventthe emails or other information about the June 9 meeting ffom being provided to Congress or the Special Counsel. The series of discussions in which the President sought to limit access to the emails and prevent their public release occurred in the context of developing a press strategy. The only evidence we have ofthe President discussing the production of documents to Congress or the Special Counselis the conversation on June 29, 2017, when Hicks recalled the President acknowledging that Kushner’s attorney should provide emails related to the June 9 meeting to ‘whomever he needed to give them to. We do nat have evidence of what the President discussed with his own lawyers at that time. b, Nexustoan official proceeding. As described above, bythe time ofthe President's public release oftheemails rezarding the June 9 meeting, the existence of preventthe to attempts ‘grand jury investigation supervised by the Special Counsel was public knowledge, and the President had been told thatthe emails were responsiveto congressional inquiries. To satisfy the nexus requirement, however,it would be necessary to showthat preventing the release of the cemails to the public would have the natural and probable effect of impeding the grand jury proceeding or congressional inquities. As noted above, the evidence does notestablish thatthe President sought to preventdisclosure ofthe emails in those officialproceedings. c. _Inlent. The evidence establishes the President's substantial involvement in the ‘communications strategy related to information abouthis campaign's connections to Russia and his desire to minimize public disclosures aboutthose connections. The President became aware ‘of the emailsno late than June 29, 2017, when he discussed them with Hicks and Kushner, and he could have been aware of them as early as June 2, 2017, when lawyers for the Trump ‘Organization began interviewing witnesses who participated in the June 9 meeting. The President thereafter repeatedly rejected the adviceofHicks and other staffers to publicly release information aboutthe June 9 meeting. The President expressed concern that multiple people had acvess tothe emailsand instructed Hicksthat only one lawyer should dealwith the mater, And the President 106 US. Department ofJustice SMorkc Product! Protectedinder dictated a statement to bereleased by Trump Ir in response tothe first press accountsofhe June ‘9’ meeting that sad the meeting wasabout adoption. But as described above, the evidence does not establish thatthe President intended to preventthe Special Counsel's Office or Congress from obtaining the emailssetting up the June 9 ‘meeting or other information aboutthat meeting. The statement recorded by Corallo—thatthe emails “will never get out”—can be explained as reflecting a beliethatthe emails would not be ‘made public ifthe Presidents press strategy were followed, even ifthe emails were provided to Congressandthe Special Counsel HH, The President’s Further Efforts to Havethe Attorney General Take Over the Investigation Overview From summer 2017 through 2018, the President attempted to have Attorney General Sessions reverse his recusal, take control of the Special Counsel’s investigation, and order an investigation of Hillary Clinton, Evidence 1, The President Again Seoks to Have Sessions Reverse his Revusal After returning Sessions's resignation leer at the end of May 2017, but before the President's July 19, 2017 New York Timesinterview in which he publiclycriticized Sessions for recusingfrom the Russia investigation,the Presidenttook additionalsteps to have Sessions reverse hisreeusal, In particular,atsome pointafter the May 17,2017 appointmentofthe Special Counsel, Sessions recalled, the Presidentcalled him at home and asked if Sessions would “unrecuse” himself.Accoeding to Sessions,the President asked him to reverse his recusalso thatSessions could direet the Department ofJustice to investigate and prosecute Hillary Clinton,andthe “gist” ‘of the conversation wasthatthe President wanted Sessions to unrecuse from “all of it,” including the Special Counsel's Russia investigation.” Sessions listened but did not respond, and he did not reverse his recusal ororder an investigation of Clinton.”* In early July 2017, the President asked Staff Secretary Rob Porter what he thought of [Associate Atorney General Rachel Brand.”Porterrecalled thatthe Presidentasked him if Brand ‘was good, tough, and “on the team.” The President also asked if Porter thought Brand was interested in being responsiblefrthe Special Counse!'s investigation and whether she would want © Sessions 1/17/18 302,at 15. That vas the second tne thatthe President asked Sessionsto reverse his recsfom campaigh-related investigations. See Volume Mf, Section TLC.1, supra (describing Presidents March 2017 request at Mar-a-Lagofor Sessions to unrecse). *Sessions 7718 302, at15. ™Sessions 1/1718 302at 1S. 7 porter 4/13/18 302, at 11; Porter5/8/18 302, a 6 porter 4/13/18 302, at 11; Porte SW/I8 302, at 6 107 US. Department ofJustice Werke //Proteoted-Uinder to be Attorney Generalone day." Because Porter knew Brand, the Presidentasked him to sound her out about taking responsibility for the investigation and being Attorney General.” Contemporaneous notes taken by Porter show that the President told Porterto "Keepin touch with yourfriend,”in referenceto Brand.” Later, the President asked Porter a few times in passing ‘whetherhe had spoken to Brand, bt Porter did not reach out to her because he was uncomfortable with the task.™' In asking him to reach out to Brand, Porter understood the President to want to find someone to end the Russia investigation orfire the Special Counsel, although the President never said so explicitly." Porter did not contact Brand because he was sensitive to the ‘implications ofthat ation and did not want tobe involved a chain ofeventsassociated with an effort to end theinvestigation or fre the Special Counsel." MeGahn recalled that during the summer of2017, he and the President diseussed the fact, that iSessions were no longerin his postion the Special Counsel would report directly toa non recused Attomey General." MeGahn told the President that things might not change much under ‘4 new Attomey General."* MeGahn also recalled that in or around July 2017, the President frequently brought up hisdispleasure with Sessions.” Hicks recalled that the President viewed Sessions’s recusilfrom the Russia investigation as anactofdisloyalty.In addition to criticizing. Sessions’s recusal, the President raised other concernsabout Sessions and his job performance with MeGahn and Hicks." "porter 4/13/18 302, a 11; Porter SIN/I8 302at 6. BecauseofSessions’s recuse, if Rosenstein no ‘were longerin position,Brand would, by default, become the DOV ofan charge of supervising the Special Counse's investigation, and ifoth Sessions and Rosenstein were removed,Brand would be next inlineto become Acting Attorney Generafor all DOJ matters. See 28 US.C. § 50. %pote4/13/18 302,a 1;Porter 5/8/18302, 6 % $c_RRPOO0O2O (Porter 7/0/17 Notes) ™ porter 4/13/18 302, a 1112, ©porter 4/13/18 302, at 1112. 7 porter 4/13/18 302at 11-12, Brand confirmedthatno one ever raised with her the prospec of taking over the Russia investigationor becoming Atorney General. Brand 129/19 302at2 7 MeGahn 12/14/17 302,at 1, * MeGahn 12/4/17 302,at1, ©MG12/14/17 30,at 9 7pikes3/13/18 302, 10. 71 Mean 12/14/17 302, at9 Hicks3/13/18 30, at 10. 108 US, Department ofJustice bes May: Pieced 2. AddivionaEff ons Unrecuse or Direct Investigations Cove by his Recusal Later in 2017, the President continued to urge Sessions to reverse his recusal from ‘campaign-related investigationsand considered replacing Sessions with an Attomey General who would not berecused, On October 16, 2017, the President met privately with Sessions and said that the Department of Justice was notinvestigating individuals and events thatthe President thoughtthe Department should be investigating.” According to contemporaneous notes taken by Porter, who was atthe meeting the President mentioned Clinton's emails and said, “Don’t have to tellus, just take (a} look" "Sessions did not offer any assurances or promises to the President thatthe Department of Justice would comply with that request." ‘Two days late, on October 18,2017, the Presidenttweeted, “Wow, FBI confirms report that James Comey drafted letter exonerating Crooked Hillary Clinton long before investigation was complete, Many people notinterviewed, including Clinton erself. Comey stated underoath thathe didn’t do this-obviously a fix? Where i Iustice Dept?”On October 29, 2017, the President tweeted that there was “ANGER & UNITY”overa “lack ofinvestigation” of Clinton and “the Comey fix,” and concluded: “DO SOMETHING!" (On December6, 2017,five days afterFlynn pleaded guilty to lying about his contacts with the Russian government, the Presidentasked to speak with Sessions inthe OvalOffice at the end ‘ofa cabinet meeting” During that Oval Office meeting, which Porter attended,the President ‘again suggested that Sessions could “unrecuse,”which Porter linked to taking back supervision of the Russia investigation and directing an investigation of Hillary Clinton.™* According to ‘contemporancous notestaken by Porter, the Presidentsaid, “I don't know if you could un-recuse yourself. You'd be a hero, Not telling you to do anything. Dershowitz says POTUS ean get involved, Can order AG toinvestigate. I don't wantto get involved. I'm not going oget involved, Pm not goingto do anything ordirect you to do anything. 1 just want to betreated fairy.”” ‘According to Porter's notes, Sessions responded, “We aretaking steps; whole new leadership ™ Ponte /8/18 302,a 10 79 $C RRPOQGODA (Porter 10/16/17 Noes; see Porter 58/18 302,a 10. ™ porter i818 302,a10. 7 @realDonaldTeump 10/18/17 (6:21 am, ET) Tweet; @reaDonaldTrump 10/1817 (6:27 am. EN)Tweet. % @realDonaldTrump 10/29/17 (9:53 am, ET) Tweet; @res!DonaldTrump 10/29/17 (10:02am EN)Tweet; @realDonaldTeump 10/29/17 (10:17 am. ET) Tweet. © Porter (13/18 302, at 5-6; see SC_RRPOOODS1 (Porter 124617 Notes) (12:45pm With the President, Gen. Kelly, and Sessions(who pulled in aferthe Cabinet meeting)"); SC_RRPOOOO33 Porter 121617 Notes) (*Pstcabinet meeting ~ POTUS asked me to get AG Sessions. Asked me to stay. Also 0sKelly. pore 8/18 302, at 12; Porter4/13/18 302,a 5-6 * ScRRPOODOSS (Porter12/617 Notes; see Porter /13/18 302,a 6; Porter5/8/18 302,at 12. 109 US. Department ofJustice //Protected-tinder “Attomey-Worle team, Professionals; will operate according to the law.°7 Sessions also said, “T never saw anythingthat was improper,” which Porter thought was noteworthy becauseit did not fit with the previous discussion about Clinton." Porter understood Sessions to be reassuring the President that he was on the Presidentsteam.” [At the end of December,the President told the New York Times it was “too bad” that Sessions had recused himselffrom the Russa investigation.”When asked whether Holder had been a more loyal Attorney Generalto President Obama than Sessions was to him,the President said,“I don’t want to getinto loyalty, but I will tell you that, I will say this: Holder protected President Obama. Totaly protected him. When you look at the things thtthey did, and Holder protected the president. And I have great respectforthat, I'll be honest.”Later in January,the Presidentbroughtup the idea ofreplacing Sessionsand told Porter that he wanted to “clean house” atthe DepartmentofJustice.” In a meeting inthe White House residence that Porter attended on January 27, 2018, Porter recalled thatthe President talked about the great attorneys he had inthe past with successful win records, such as Roy Cohn and Jay Goldberg, and said that one of his biggestfailings as President was that he had not surrounded himself with good attorneys, citing Sessions as an example.” The President raised Sessions's recusal and broughtup and eriicized the Special Counsel's investigation.” ‘Overthe next several months, the President continued toeriticize Sessions in tweetsand ‘media interviews and on several occasions appeared to publicly encourage him to take action in the Russia investigation despite his recusal."* On June 5, 2018, for example, the President % $C_RRPOODOSS (Porter 126/17 Note); ee Porter4/13/18 302, a6 $CRRPOODOSS (Porter 124/17 Notes); Porter 413/18302, at 6 %poner 4/13/18 302, at 67. 7Michael S. Schmidt & Michael D, Shear, Trump Says Russa Inquiry MatesUS. “Look Very Bad", New Yark Times (Dee. 28, 2017) "Michael S, Schmidt & Michael D. Shear Trump Says Russa Ingury MatesUS. “Look Very Bad", New York Times(Dee. 28, 2017) Porter 4/3/18 302at 14 6 Porter 5/8/18 302, at 15. Contemporanedus note Porter tok ofthe conversation stat, “Roy Jay Goldberg (12-0).SC_RRPOOODE?(Porter 1/27/18 Notes). (140)! Con > Porter Si/18 302at 15-16 8See, eg, GrelDonaldTrump2728/8 (9:34 am. ET) Tweet (*Whyi A.G JeffSessionsasking toinvestigatepotentially massive FISA abuse. Will take forever,has no prosecutorial InspectorGeneral the with reports on Comeyee. Isnt the LG. an Obama guy? Why not use Justice lat ondalready power @realDonaldTrump47/18 (452 pm. ET) Tweet(“Lawmakers DISGRACEFUL!"), lawyers? Department the Department oflstce of missing the Thursday angrilyaccusing are Committee Juicary House ofthe relating t0 FISA abuse, FBI, Comey, Lynch, Documents UNREDACTED over trning for Deadline goingon? BAD"); @realDonaidTrump whats walking Slow moe, much and Emails Clinton ‘McCabe, to Investigate Comey and Hilary Sessions asking Lawmakers ("GOP Tweet ET) am, (822 4/22/18 12/168 (3:37 pm. ET) Tweet @realDonaldTrump eques!); that with Goodlek Clinton@FoxNews no USS. Department ofJustice Work Product! Protectedtinder tweeted, “The Russian Witch Hunt Hoax continues, al because JefTSessions didn’t tell me he was going to recuse himself... I would have quickly picked someone else. So muchtime and money and Sessions knew better than most that there was. No ‘wasted, so many lives ruined... Collusion!" On August 1, 2018, the President tweeted that “Attorney GeneralJeff Sessions should stop this Rigged Witch Huntright now."”® On August 23, 2018, the President publicly criticized Sessions in @ press interview and suggested that prosecutions atthe Department of Justice were politically motivated because Paul Manafort had been prosecuted but Democras had not.” The Presidentsaid, “I put in an Attorney General that never took control of the Justice Department, JeffSessions."" Thatday, Sessions issued a press statement that sad, "I took control ofthe Department of lustie the day I yas sworn in... While Tam Attorney General, the actions ‘of the Department ofJustice will ntbe improperlyinfluenced by political considerations.""”The next day, the President tweeted a response: “Department of Justice will not be improperly influenced by politcal considerations.” Jeff, this is GREAT, what everyone wants,so look into all ofthe corruption on the “other side” including deleted Emails, Comey lies & leaks, Mueller conflicts, McCabe, Strzok, Page, Obr, FISA abuse, Christopher Steele & his phony and corrupt Dossier, the Clinton Foundation,illegal surveillance of Trump campaign, Russian collusion by ‘Dems and so much more. Open up the papers & documentswithout redaction? Come on Jeff, {youu ean doit, the country is wating!" ‘On November 7, 2018, the day after the midterm elections, the President replaced Sessions ‘with Sessions's chefofstafTas Acting Attorney General.” Analysis In analyzing the President'sefforts to have Sessions unrecuse himselfand regain controt ofthe Russia investigation, the following considerations and evidenceae relevant otheelements ofobstruction ofjustice: . Obsinctive To determine ifthe President'sefforts to have the Attorney General tunrecuse could qualify as an obstructive ac, i would be necessary to assess evidence on whether those actions would naturally impede the Russia investigation. That inquiry would take into accountthe supervisory role that the Attorney General, if unrecused, would play in the Russia investigation. It also would have to takeinto accountthat the Attorney General's recusalcovered (Jeff Sessions should be ashamed of himself for allowing this total HOAX to get started inthe fist place!” 7@realDonaléTeump 6/5/18 (7:31 am. ET) Tweet 7 @realDonaléTeump 8/1/18 (9:24 am. ET) Tweet Fox & FriendsInterview of PresidentTrump, Fox News (Aug. 23,2018). 7 Fox & FriendsInterview of PresidentTrump, Fox News (Aug, 23, 2018). 7 Sessions 8/23/18 Press Statement > @realDonaldTrump 8/24/18 (6:17am, ET) Tweet@ realDonaléTrump8/24/18 (6:28am. ET) Tweet 75 @realDonaldTrump 11/718 2:44 pm. ET) Tweet Mu USS. Department ofJustice Worle //Protected-Under other campaign-related matters. ‘The inquiry would not turn on what Attorney General Sessions ‘would actually doif unrecused, but on whether the efforts to reverse his recusal would naturally have had the effectof impeding the Russia investigation. (On multiple occasions in 2017, the President spoke with Sessions about reversinghis recusal so that he could take over the Russia investigation and begin an investigation and prosecution of Hillary Clinton, For example, in early summer 2017, Sessions recalled the President asking him to unrecuse, but Sessions didnot takeit asa directive. When the President raised the is ue again in December 2017,the Presidentsaid, a reconded by Porter,“Not telling {youtodo anything... I'm not going to get involved. I'm not going to do anything or direet you {wo do anything. [just want to be treated fairly.” The durationofthe Presidents efforts—which spanned from March 2017 to August 2018—and the fact that the President repeatedly criticized Sessions in public and in private for failing totell dhe President that he would have to recuse is relevant toassessing whetherthe President's efforts to have Sessions unrecuse could quality as obstructive acts b. official As described above,by mid-June 2017, the existence «grandjury investigation supervised by the Special Counsel was public knowledge. In addition, in July 2017, a diferent grand jury supervised by the Special Counsel was empaneled in the District of Columbia, and the press reported on the existence ofthis grand jury in early August 2017. Whether the conducttowards the Attomey General would havea foreseeable impact on those proceedings turns on much ofthe same evidence discussed above with respect to the cobsructive-t element . Intent. There is evidence thatatleast one purposeofthe President’s conduct toward Sessions wasto have Sessions assume controlover the Russia investigation and supervise it in a ‘way that would restrict its scope. By the summer of2017, the President was aware that the Special Counsel was investigating him personally for obstruction of justice. And the wake of the disclosures of emails about the June 9 meeting between Russians and senior members of the ‘campaign, see Volume TI, Section 1G, supra, it was evident that the investigation into the ‘campaign now included the Presidents son, son-in-law, and former campaign manager. The President had previously and unsuccessfully sought to have Sessions publicly announce that the Special Counselinvestigation would be confined to future election interference. Yet Sessions remained recused. In December 2017, shortly aterFlynn pleaded guilty,the President spoke to Sessionsinthe Oval Office with only Porterpresent and told Sessions that he would be a hero if he unrecused, Porter linked that request to the President's desire that Sessions take back supervision of the Russia investigation and direct an investigation of Hillary Clinton, The Presidentsaid in that mecting thathe “just want{ed] to be treated fairly." which could reflect his perception thatit wasunfair that he was being investigated while Hillary Clinton was not. Buta principal effectofthat act would be to restore supervision of the Russia investigation to the ‘Atomey General—a position that the President frequently suggested should be occupied by someone like Eric Holder and Bobby Kennedy, who the President described as protecting their ©gg, Del Quentin Wilbur & Byron Tau,SpecialCounsel Robert Mueller Impanes Washington in RussiaProbe, Wall Steet Journal (Aug. 3, 2017}; Carol D. Leonnig et a, Special Counsel GrandJury ‘Mule using grandjury infederalcourt in Washingapart ofRusia investigation, Washington Post (ug. 3,207. 12 US. Department of Justice Serle //rotected-tinder presidents, A reasonable inference from those statements and the President’actions is thatthe Presidentbelieved that an unrecused Attorney General would play a protective role and could shield the Presidentfrom the ongoing Russia investigation. I. The President Orders McGahn to Deny thatthe President Tried to Special Counsel Overview In late January 2018, the media reported that in June 2017 the President had ordered ‘MeGaha to have the Special Counsel fired based on purported conflicts ofinterest but MeGahn had refused, saying he would quit instead, After the story broke,the President, through hi personal counsel and two aides, sought to have McGahn deny that he had been directed to remove the Special Counsel. Each time he was approached, McGahn responded that he would notrefute the press accounts because they were accurate in reporting on the Presidents effort to have the Special Counsel removed, The Presidentlater personally met with MeGahn in the Oval Office ‘with only the ChiefofStaff present and tried to get MeGahnto say that the President never ordered him to fire the Special Counsel. MeGahn refused and insisted his memory of the President's direction to remove the Special Counsel was accurate. In that same meeting, the President challenged McGaha for takingnotesof his discussions withthe President and asked why he had told Special Counsel investigators thathe had been directed to have the Special Counselremoved, Evidence 1. Couns! thatthe PresidentTriedto Fi Reports 1 (On January 25, 2018, the New York Times reported thatin June 2017, the President had ordered MeGahn to have the Department of Justice fie the Special Counsel.””" According to the article, “[almid thefirst wave of news media reports that Mr. Mueller was examining a possible ‘obstruction ease,the president began to argue that Mr. Mueller had three conflicts of interest that disqualified him from overseeing the investgation."”* The article further reported that “(fier receiving thepresidents orderto fire Mr, Mueller,the White House counsel... refused to ask the Justice Department to dismissthe special counsel, saying he would quit intead."”” The article ‘stated thatthe president “ultimately backed down after the White House counsel threatened to resign rather than cary out the directive." After the article was published, the President 77 Michael , Schmidt& Maggie Haberman, Trump OrderedMueller Fired, but Backed Off When CounselThreatened to Out, New York Times (Jan. 25.2018) House White ™ Michael S, Schmidt & Magsie Haberman, Trop Ordered Mueller Fired, butBackedOff When ‘White HouseCounselThreatened to Quit, New York Times (an. 25.2018) 7 Michael S. Schmidt & Maggie Haberman, TrumpOrdered Mueller Fired, butBackedOffWhen ‘White Howse Counsel Threatened to Out, New York Times (Jan. 25.2018) 7% Michael8. Schmidt & Maggie Haberman, TrumpOrdered Mueller Fired, but Backed OfWhen White Howse Counsel Threatened to Quit, New York Ties (Jan. 25.2018). 113 US. Department ofJustice Mork Brut Protected-Under dismissed the story when asked aboutit by reporters, saying, “Fake news, folks. Fake news. A typical New York Times fake story.”""" ‘The next day, the Washington Post reported onthe same event but added that MeGan had nottold the President directly thathe intended to resign rather than carry out the directiveto have the Special Counsel terminated.”™ In thatrespect, the Post story clarified the Times story, which could be read to suggestthat MeGahn had told the President of his intention to quit, causing the Presidentto back down from the order to have the Special Counsel fired.” 2. The President Seeks to Have MoGahn Dispute the Press Reports (On January 26,2018, the President's personal counselcalled MeGahn's attomey and said that the President wanted McGahn to put outa statement denyingthat he had been asked to fire the Special Counsel andthathe had threatened to quit in protest"™ MeGahn’sattomey spoke with MeGahn about that request and then called the Presidents personal counselto relaythat MeGahn ‘would not make statement.” MeGiahn'sattomeyinformedthe President's personalcounsel that the Times story was accurate in reporting that the President wanted the Special Counsel removed." Accordingly, McGahn’s attomey said, although the article was inaccurate in some ‘ther respects, MeGahn could not comply with the President’ request to dispute the story.” Hicks recalled relaying to the resident that one ofhis attorneyshad spoken to MeGahns attomey about the issue."™* 7 Sophie Tatum & Kara Scannell, Trump denies he calledfor Muller'sfring, CNN (Ian. 26, 2018); Michael S. Schmidt & Maggie Haberman, Trump Ordered Mueller Fired, but Backed Off When White House Counsel Threatened to Quit, New York Times (Jan. 28, 2018). 7% The Past article stated, “Despite internalobjections, Trump decides to assert that Muellerhad unaceptable conflicts ofinterest and moved to removehim from his position... In response, MeGahn Sid he would ot remain atthe White House if Trump went thvough with the move... MeGahn did not ‘elver his resignation threatdirectly to Trump but was serious about his threat to leave." Rosalind S, Helderman & Josh Dawsey, Trump moved tofire Mueller In June, bringing White House counsel 0 the brink ofleaving, WashingtonPost Jan. 26,2018). 7Rosalind S. Helderman & Josh Dawsey, Trump moved tofire Mueller in une, bringing White “Howse counsel tothe brinkofleaving, Washington Post(Ja. 26, 2018); see MeGahn 3/817 302,a1 3-4, 7 Mean 3/8/8302, a3 (agent noe). © MeGahn 3/8/18 302,a3 (agent noe). 7 MeGahn 3/R/L8 302,a 3-4 (agent note). 7MeGahn 3/8/18 302,a 4 (agentnote) Hicks 13/18 302, a 11. Hicks also recalled thatthe President spoke onthe phonethat day ‘with ChiefofStaffJn Kelly and thatthe President sid Kelly told him that MeGahs had totally refuted the story and was going 10 put outa statement. Hicks3/13/18 302, at 11. But Kelly said that he did not speak to MeGaln whethe article ame out and did nt tll anyone fe hal done so. Kelly 8/2/18 302, at 12 14 US. Department ofJustice Mork: Brot! Protected Also on January 26, 2017, Hicks recalled that the President asked Sanders to contact MeGahn about the story." MeGahn told Sanders there was no need to respond and indicated that some ofthe article was accurate.” Consistent with that positon, MeGahn did not correct the Times sory, (On February 4,2018, Priebus appeared on Mect the Press and said he had not heard the President say that he wanted the Special Counsel fired.” After Priebus’s appearance, the Presidentcalled Pricbus and said he did a great job on Meet the Press.” ‘The President also told Priebustat the Presidenthad “never said any ofthose things about" the Special Counsel.” The next day, on February 5, 2018, the President complained about the Times article to Porter? The President told Porterthat the article was “bullshit” and he had not sought to terminate the Special Counsel.” ‘The President sad that McGahn leaked to the media to make himself look good.” The Presidentthen directed Porter to tell MeGahnto ereate a record to make lear that the President never directed McGahn tofire the Special Counsel.”” Porter thought the ‘matter should be handled by the White House communications office, but the President said he ‘wanted MeGahn to write letter to the file “for ourrecords”and wanted something beyond a press statement to demonstrate thatthe reporting was inaccurate.” ‘The President referred to MeGahn fas. “lying bastard” and said that he wanted a record from him.”” Porter recalled the President 7 Hicks 3/13/18 302, 11. Sanders didnot recall whether the President asked her to speak to MeGahin or ifshe did iton her own. Sanders 723/18 302, at2 7 Sanders 1/23/18 302, at 1-2. ™Meet the Press Interview with Reince Pricbus,NBC (Feb. 4, 2018) ™ riebus 4/3/18 302, at 10. ™pricbus 4/3/18 302, 10. porter 4/13/18 302,a 16-17. Porter didnot recall the timing ofthis discussion with the President, Porter4/13/18 302,a 17. Evidence indicates itwas February 5, 2018. On the back of pocket card dated February 5, 2018, Porter took notes that ae consistent with his description ofthe discussion: COS: (1) Leer from DM ~ Never threatened quit DIT never tod him to fie M.” SC_RRPOOOOSS (Porter Undated Notes). Pore said it waspossible he took the noteona day othethan Febriary 5. Porter 4/13/18 302, at 17. ButPorter also said that “COS” refered to mates he wanted to diseuss with Chiefof ‘taf Kelly, Porter4/118 302, a17, and Kelly took notes dated February 5, 2018, tat state “POTUS— ‘Don MeGafetter ~ Mueller + resigning.” WHO00017684(Kelly 25/18 Notes). ‘Kelly sui he did not& recall what the notes mean, but thought the President may have “mused” abouthaving MeGahn write Teter, Kelly 8/218 302,a 3. McGahn recalled that Porter spoke with him about the Presidents request boul two weeks after the New York Times story was published, which i consistent with the discussion {aking place on or about February 8. MeGahn 3/8/18 302, a4 ™ Ponte 4/13/18 302, at 17. Powter 4/13/18 302, at 17 ™ poner 4/13/18 302, at 17. ™ porter 4/13/18 302, at 17; Porter /W/18 302, at 18 ™ porter 4/13/18 302at 17; Porter 5/8/18 302, at 18. lis US. Department ofJustice Werke //Proteoted-Uinder sayingsomething to the effectof “Ifhe doesn't write eter, then maybe I'l have to get id of him.” Laterthatday, Porter spoke to MoGhn to deliver the President's message." Portertold “MeGiahin that he had to write a letter to dispute thathe was ever ordered to terminate the Special ‘Counsel MeGahn shrugged off the request, explaining thatthe media reports were true. MeGaktold Porter thatthe President had been insistent on firing the Special Counsel and that ‘MeGahn had planned to resiga ratherthan carry out the order, although he had not personally told the Presidenthe intended to quit™ Porter told MoGahonthat the President suggested that MeGahn ‘would be fired ifhe did not write the letterMeGalnn dismissed thethreat, saying thatthe optics ‘would be terrible ifthe Presidentfollowed through with fring him on that basis: MeGahin said he would not write the letterthe Presidenthad requested” Portersaid that to his knowledge the ‘issue of MeGahn’sleter never came up with the President again, but Porter did recall telling Kelly about his conversation with MeGahn.2* “The next day, on February 6, 2018, Kelly scheduled time for MeGahn to meet with him and the President inthe Oval Office to discussthe Timesarticle‘The morning ofthe mesting, the President's personal counselcalled MeGahn'sattorney and said thatthe President wasgoing to be speaking with MeGahn and MeGahn could not resign no matter what happened in the meeting” ‘The President beganthe OvalOffice meetingby telling MeGahn thatthe New York Times to correctit!" MeGahn recalled the President * porter 4/13/18 302,a 17. porta 4/13/18 302, at 17; MeGahn 3/818 302, 4 porter4/13/18 30, at 17; MeGaha 3/8/18 302, 4 © poner 4/13/18 302, at 17; MeGaba 3/8/18 302, at4 pore 4/13/18 302, at 17; MeGahn 3/8/18 302,a4 © Porter 4/13/18 302 at 17; MeGahn 3/8/18 302,a4 Porta 4/3/18 302 at 17-18; MeGahn 3/8/18 302,a4 7 Meciahn 3/8/18 302,a4 Porter 4/3/18 302, at18 ean 3/8/18 302,at 4; WHOOOO176S (Kelly 2/618 Notes). McGan recalled that, before theOval Office meeting,he told Kelly that he was not inclined wo fix the atcle. MeGahn 3/8/18 302,a4 ‘80 MeGahn 3/R/18 302, a S (agent note); 2/26/19 Email, Counsel for Don MeGahn to Special ‘Counsel's Office(confirming Febreary 6, 2018 date ofcall from the Presidents personal counsel). " MeGahn 3/8/18 302,at 4; Kelly 82/18 302,a2 * MeGahn 3/8/18 302, at 4; Kelly 82/18 302,a2, 116 USS. Department ofJustice Worl // Protected In response, McGahn acknowledged that he had not told the President directly that he planned to resign, but said that thestory was otherwise accurate”? The President asked McGahn, Did Tsay the word ‘fie'2"""" MoGahn responded, “What you sad is, “Call Rod {Rosenstein}, tell Rod that Muellerhas conflictsand ean'tbethe Special Counsel”"!* ‘The President responded, “L never sai that." The Presidentsaid he merely wanted MeGahn toraise the confit issue ‘with Rosenstein and leave itto him to decide what to do.""” MeGahn told the President he didnot ‘understand the conversation that way and instead had heard, “Call Rod. There are conflicts. Mueller has to go.”*"® “The President asked MeGahn whether he would “do a correction,” and MeGahn said no." MeGahn thought the President was testing his mettle to see how committed ‘MeGahn was to what happened." Kelly deseribed the meeting as “a litle tense.""" ‘The Presidentalso asked McGahnin the meeting whyhehad told Special Counsel'sOffice investigators thatthe President had told him to havethe Special Counsel removed." McGahn responded that he had to and that his conversations with the President were not protected by attomey-client privilege’The President then asked, “Whataboutthese notes? Why do you take notes? Lawyers don’t take notes. I never had lawyer who took notes." MeGahi responded that he keepsnotes because he isa “reallawyer” and explained that noes create a record and are nota bad thing." The Presidentsaid, “I've hada lot ofprea iawyers, like Roy Cohn. Hedid not take notes." ‘After the OvalOffice meeting concluded, Kelly recalled MeGahn telling him that MeGahn and the President “did have that conversation” about removing the Special Counsel” MeGahn recalled that Kelly saidthathe had pointed out to the President afterthe Oval Ofie that MeGahn *5MeGabn 3/8/18 302, a4 54 Metiahn 3/8/18 302,a 6; Kelly 872/18 302,at 2. 5 MeGahn 3/8/18 302,a5 "Metin 3/8/18 302,a5 "© Mecian 3/8/18 302, aS "8 MeGahn 3/8/8302, a5 > Metiahn 3/8/8302,a5;Kelly 872/18 302,a2. "9 MeGahn 3/8/18 302,a. Kelly 72/18 302, at 2 "©MeGan 38/18 302,a © MeGahn 38/18 302, at 5. * MeGahn 3/8/18 302,a , MeGabnsaid thePresidentwas referring to Donaldson’ notes,which the President thought ofas McGabn’s notes. MeGahn3/8/18 302,aS. "5 MeGahn 3/8/18 302,a5. "9 MeGahn 3/8/18 302,a5 Kelly 872/18 302, at2. uw US. Department ofJustice Worle //Broteoted-Cinder had not backed down and would not budge."* Followingthe Oval Office meeting,the President's personal counsel called MeGahn’s counsel and relayed that the President was “fine” with MeGahn. Analysis In analyzing the President’efforts to have MeGahn deny that he had been ordered to have the Special Counsel removed,te following evidence is relevant othe elements ofobstruction of Justice: ‘8. Obstructive act. The President's repeated efforts to get MeGahin to create a record ‘denying thatthe President had dieected him to removethe Special Counsel would qualify as an obstructive actif it had the natural tendeney to constrain MeGahn from testifying truthfully orto tundermine his credibility as a potentialwitness ithe testified consistentlywith his memory, rather than with what the record said ‘There is some evidence that a thetimethe New York Times and Washington Pos stories ‘were published in late January 2018, the Presidentbelieved the stories were wrong and that he had never told MeGahn to have Rosenstein remove the Special Counsel. The President correctly understoodthat MeGahn had not told the Presidentdirectly that he planned to resign. In addition, the Presiden told Priebusand Porter that he had not sought to terminate the Special Counsel, and inthe Oval Office meeting with MeGahn,the President sad, “I neversad tofire Mueller, I never said “ire” That evidence could indicate that the President was not attempting to persuade ‘MeGahn to changehisstory but wasinstead offering his own—but dfferent—recollection ofthe substance of his June 2017 conversationswith MeGahn and MeGahn’s reaction tothem. Other evidence cuts against that understandingofthe President's conduct. Aspreviously eseribed, see Volume II, Section ILE, supra, substantial evidence supports MeGahn’s account that the President had directed him to have the Special Counselremoved,including the timing and context ofthe President'sdirective; the manner in which MoGahn reacted; and the fact thatthe President had beentld the conflicts were insubstantial, were being considered by the Department ‘of Justice, and should be raised with the President's personal counsel rather than brought to MeGahn. In addition, the President's subsequent denials that he had told MeGahn to have the Special Counsel removed were carefully worded. When first asked about the New York Times story, the President sid, “Fake news,folks. Fake news. typical New York Times fake story.” ‘And when the President spoke with MeGahn in the Oval Office, he focused on whether he had used the word “fire,”saying "I never sai to fie Mueller. I never said ‘fireand “Did Tsay the ‘word “Fire"?” The President's assertion in the Oval Office meeting that he had never directed McGakn to have the Special Counsel removed thus runs counter tothe evidence. In addition, even ifthe Presidentsincerely disagreed with MeGahn's memory ofthe June 17, 2017 events, the evidence indicates thatthe President knew by the time ofthe Oval Office "2 McGuhn 3/8/18 302, at 5. Kelly did not recall discussing the Oval Office meting with the President afer the fact. Kelly $72/18 302, a2. Handwritten notes taken by Kelly state, “Don ] Mueller discussion inune, ~ Bannon Priebus- came out okay.” WHOOOD17685(Kelly 2/6/18 Notes). "©Mech 3/8/18 302, a5 (agent not) US, Department ofJustice Worle // Protected ‘meetingthat MeGahn's account differed and that MeGahn was firm in his views. Shortly after the story broke, the President's counsel told McGahn’s counselthat the President wanted MeGahn to ‘make a statement denying he had been asked to fire the Special Counsel, but MeGahin responded through his counselthat that aspectofthe story was accurate and he therefore could not comply with the President'srequest. ‘The President then directed Sanders to tell MeGahn to correct the story, but MeGahn told her he would not do so because the story was accuratein reporting on the President'sorder. Consistent with thatposition, MeGihn never issued a correction. More than a ‘week later, the President brought upte issue again with Porter, made comments indicating the President thought MeGahn had leaked the story, and directed Porter to have MeGhn cteate a ‘record denyingthat the President had tried to fire the Special Counsel. At that pointthe President said he might "have to get rid of" MeGiahn ifMcGahndid not comply. MeGahn ag in refused and told Porter, as he had told Sanders and as his counsel had told the President's counsel, thatthe Presidenthadin factordered him to have Rosenstein remove the Special Counsel. That evidence indicatesthat by tetime ofthe OvalOffice meeting the President wasaware that MeGahn did not think the story wasfalse and did not wantto issue a statement or create a written record denying factsthat MeGaha believedto be tru, The Presidentnevertheless persisted and asked MeGahn to repudiate facts that MeGahn had repeatedly said were accurate b, Nexus oan official proceeding. By January 2018, the Special Counsel's use of a grand jury had been further confirmed by the return of several indictments. ‘The President also ‘was aware thatthe Special Counsel wasinvestigating obstruction-related events because, among, other reasons, on January 8, 2018, the Special Counsel's Office provided his counsel with a detailed list of topics for a possible interview with the President*® The President knew that ‘MeGahn had personalknowledge ofmany oftheevents the Special Counsel was investigatingand that MeGhn had already been interviewed by Special Counsel investigators. And in the Oval COftice meeting, the President indicated he knew that MeGahn had told the Special Counsel's Office about the Presidents effort to remove the Special Counsel. The President challenged MeGahn for disclosing that information and for taking notes that he viewed as creating ‘unnecessary legal exposure. Thatevidence indicates the President's awarenessthat the June 17, 2017 events were relevantto the Special Counsel's investigation and any grand jury investigation ‘that might grow outofit. To establish a nexus, it would be necessary to showthat the Presidentsactions would have the natural tendeney to affect sich a proceeding ofthat they would hinder, delay, or prevent the ‘communication ofinformation to investigators. Because McGahn had spoken to Special Counsel investigators before January 2018, the President could not have been seekingto influence his prior statements in those interviews. But because MeGahn had repeatedly spoken to investigators and the obstruction inquiry was not complet,it was foresceable that he would be interviewed again (on obstrction-related topics. Ifthe President were focused solely ona press strategy in seeking to have MeGahn refute the New York Times article, a nexus to a proceeding or to further investigative interviews would not be shown. But the President's efforts to have MeGahn write a letter “or ourrecords”approximately ten days after the stories had eome out—wellpst the typical ‘129/18 Letter, Presidents Personal Counsel to Special Counse!'s Office, at 1-2 (‘In our 8, your office identified the followingtopics asareas you desired to adress with conversationofJanuary the President in onder to completeyourinvestigation oa thesubjects ofallegedcollusion and obstruction of justice”; sting16 topics). 9 US. Department ofJustice Moric / Protected-inder time to issue a correction for a news story——indicatesthe President was not focused solely on a pressstrategy, but instead likely contemplated the ongoing investigation and any proceedings arisingfrom it Intent. Substantial evidence indicatesthat in repeatedly urging MeGabn to dispute ©, that he was ordeted to havethe Special Counselterminated,the President acted forthe purpose of influencing MeGahn’s accountin order to deflect or preventfuther scrutiny of the President's ‘conduct towards the investigation Several facts support that conclusion. The President made repeated attempts to get ‘MeGahn to change his story, As described above,by the time of the last attempt, the evidence suggests thatthe President had been told on multiple occasions that MeGahn believedthe President had ordered him to havethe Special Counsel terminated. MeGahn interpreted his encounter with the President in the Oval Officeas anattemptto test his mettle and see how commited he was to his memory ofwhat had occurred. The President had already laid the groundwork for pressing MeGahn to alter his account bytelling Portethatit mightbe necessary to fire MeGahnifhe did not deny the story, and Porter relayed that statement to McGahn. Additional evidence of the President’ intent may be gleaned from the factthathis counsel was suficiently alarmed by the prospectofthe President's meetingwith MeGabn thathe called MeGahn’s counseland said that MeGahn could aot resign no matter what happened in the Oval Office that day. The President's ‘counsel was well aware of MeGahn’s resolve nottoissue what he believed tobe a false account ‘of events despite the President's request. Finally,as noted above,the President brought up the Special Counselinvestigation in his Oval Orfice meeting with MeGahn and criticized him for telling this Office about the June 17, 2017 events. The President's statements reflect his understanding—and his displeasure—that those events would be part ofan obstruction-ofjustice inquiry. J. The Presidents Conduct Towards Fynn, Manafort,SI Overview In addition to the interactions with MeGahn described above,the President has taken other actions directed at possible witnesses in the Special Counsel's investigation, including Flynn, Manafort,(and as described in the next section, Cohen. When Flynn withdrew from ajoint defense agreement with the President, the Presidents personal counsel stated that Flynn’sactions ‘would be viewed as reflecting “hostility” towardsthe President. During Manafort’s prosecution ‘and whilethejury was deliberating, the President repeatedly stated that Manafortwas being treated ‘unfairly and made it known that Manafort could receive a pardon, Evidence 1, Conduct Directed at Michael Flynn As previously noted, see VolumeIl, Sestion ILB, supra,the President asked for Flynn's resignation on February 13, 2017. Following Flynn's resignation, the President made positive public comments about Flynn, describing him asa “wonderful man,” a fine person,” and a ‘very 120 US. DepartmentofJustice Mork I Protected-inder ‘good person.The Presidentalso privately asked advisors to pass messagesto Flynn conveying thatthe President stil cared about him and encouraging him to stay strong," Inlate November 2017, Flynn began tocooperate with this Office. On November22, 2017, Flynn withdrew from ajointdefense agreement he had with the President.Flynn's counsel told the Presidents personal counseland counsel forthe White House that Flynn could nolonger have ‘confidential communications with the White House or the PresidentLater that night, the President'spersonal counse!left a voicemail forFlynn's counsel thatsaid {I]t understand your situation, butlet me see if can't state it in sarker terms... ‘wouldn't surprise me ifyou've gone onto makea dealwith... the government... {1]E there's information that implicates the President, then we've got a national security issue, ... s0, you know, we need some kind ofheads up. Um, just for the sake of [Remember what we've always said aboutthe protecting all our interests ifwe can. ° Presidentandhis feelings toward Flynn and, that still remains... (On November 23, 2017, Flynnattorneys returned thecalfrom the President'spersonal counseto acknowledge receipt ofthe voicemailFlynn's attorneys reiterated that they were no longer in a position to share information under anysort of privilege” According to Flynn's atiomeys, the President's personal counsel was indignant and yocal in his disagreement.” The Presidents personalcounsel sad that heinterpreted what they saidto him asreflectionofFlynn's "See, eg, Remarks by President Trump in Press Confrence, White House (Feb. 16, 2018) (stating that“Flynn isa fine person” and “I don't think (Flynn) did anything wrong. 1f anything, hedid Something right... You know,bewasjustdoing his job”); Interview ofDonald. Trump, NBC (May 11, 2017(stating thatFlynnise “very good person") 2 Sue Priebus 1/18/17 302, a 910(the President asked Pricbus to contactFlynn the week he was terminated to convey that the President stileared about him and felt bad about what happened to him; Priehusthought the President did not want Flynn to havea problem with him); MeFarland 12/22/17 302, at 18 (about a month oF two after Fiyan was terminated,the President asked McFarlandto get intouch with Flynn and tel hithat hewas a good guy, heshould stay strong, and the President fel bad forhim); Flynn 1/19/18 302 9(ealing the eal fom Pricbus and an additionalcll from Hicks who said she wanted to relay on behalf of the resident that the President hoped Flynn was okay); Chrisie 2/13/19 302, at3 (deseribng a phone conversationbetween Kushnerand FlynnthedayaterFlynn was fied where Kushner sui, "You know the President respects you. The President cares aboutyou. I'll get the President to send ‘outa positive wet about youlater,”andthe President noddedhis asentto Kushner'scomment promising ‘twee "©Counselfor Flynn 3/1/18 302, a "Counselfor Flyn3/1/18 302, a "5 11/20/17 Voicemail Transcript, Presidents Personal Counsel to Counsfor Michael Flynn, "Counselfor Flynn 3/1/18 302, a. * Counsel for Flynn 3/1/18 302,a "Counsel for Flynn 3/1/18 302,a 121 US. Department ofJustice Worle / Broteoted-Cinder hostility towards the President and that he planned to inform his elient ofthat interpretation.” Flynn's atlomeys understood that statement to beanattempttomake them reconsider ther position because thePresidents personal counsel believed that Flynn would bedisturbed to know that such ‘message would be conveyed to the President. ‘On December 1, 2017, Flynn pleaded guilty to making false statements pursuant to & cooperation agreement! The next day,the President told the press that he was not concerned about what Flynn might tell the Special Counsel." In response toa question about whether the Presidentstill stood behind Flynn,the President responded, “We'll see whathappens." Over the nextseveral days, the President made public statements expressing sympathy for Flynn and indicating he had not been treated fairly." On December 15, 2017, te President responded t0 a pressinquiry about whetherhe was considering a pardon for Flynn by saying, “I don't want to talk bout pardonsfor Michael Flynn yet. We'll see what happens. Let’s see. can say this: When the Justice Department, people are very, very youlook. anaryat what's gone on with the FBIand with 2. Conduct Directed at Paul Manafort (On October27, 2017, agrandjury inthe District ofColumbiaindicted Manafort and former ‘deputy campaign manager Richard Gates on multiple felony counts, and on February 22,2018, 2 tgrand jury in the Easter DistrictofVirginia indicted Manafort and Gates on additionalfelony ">Counsel for Flynn 3/1/18 302, t 2. Because ofattorney-client privilege issues, we didnotsek to interview the Presidents personal counsel about the extentt0 which he diseussed is statementsto Flynn's attorneys withthe Presiden © Counselfor Flynn 3/1/18 302, at. ©Information, UnltdStates Michael. Flynn, :17-c-232 (D.D.C. Dec. 1, 2017), Doe. 1 Plea ‘Agreement, UnitedSats v. Michae : Flynn, 1:17-er-232 (D.D.C. Dee. 1,201), Doe 3. © President Trump Remarkson Tax Reform and Michael Flynn's Gulty Plea, C-SPAN (Dee. 2, 2017) © President Trump Remarkson Tas Reform andMichael Flynn's Gulty Plea, C-SPAN (Dee. 2, 2017. See @realDonaldTrump 12/2/17(9:06 pan. ET) Tweet (*So General Flylies othe FREand his tif is destroyed,while Crooked Hillary Clinton,on that now famous FBholiday“inerogaton’with ro swearingin and no recording, lesmany ines... and nothing happens to her? Rigged system, ojust, 2 double sanderd?”), President Trump Departure Remarks, C-SPAN (Dec. 4, 2017) ("Well I fel badly forGeneral Fly, 1 fel very badly, Hes eda very strong life, And I felvery badly.” S present Tramp White House Departure, C-SPAN (Dec 18,2017). 122 counts.The charges in both cases alleged criminal conduct by Manafort that began as early as 2005 and continued through 2018.” In January 2018, Manafort told Gates that he had talked to the President’ personalcounsel and they were “goingto takecare ofus."** Manafort told Gatesit was stupid to plead, sayingthat the had beenin touchwith the President's personal counsel and repeatingthat they should “sittight” and “we'll betaken care ofGates asked Manafortoutrightifanyone mentioned pardons and “Manafort sad no one used that word.*® [As the proceedings against Manafort progressed in cour, the President told Porter that he never liked Manafort and that Manafort did not know what he was doing on the campaign **" The President discussed with aides whether and in what way Manafort might be cooperating with the Special Counsel's investigation, and whether Manafort knew any information that would be harmful tothe President. In public, the President made statementscriticizing the prosecution and suggesting that Manafort was being teated unfairly. On lune 15,2018, before a scheduled court hearing that day ‘on whether Manafort’s bail should be revoked based on new charges that Manafort had tampered witnesses while out on bal, the President told the press, “T feelbadly about a lot ofthem "© Inditment, UnitedSats», Paul: Manafort. Jr andRichardW. Gates I, 17-201 (D.DC. (Oct, 27,2017), Doe. 13 (*Manafrt and Gates DDC. indictment";Indictment, United Sates v. PauJ Manafor Jr and RichardW. GatesI1:1%ct-83(ED. Va, Feb. 22,2018), Doc. 9(*Manajor andGes ED, Ve. Indictment”) © Manafortand Gates .D C. Indictment; Manafort andGates ED.Va, Indictment Gates 4/18/18 302, at4, In February 2018, Gates pleaded guilty, pursuant toacooperation plea agreement, to @superseding criminalinformation charging him with conspiring to defaud and commit tlie offenses (axfraud flueto reportforeignbank aecoons ndacting a an unregisteredagent fof a forign principal) against the United States, as well as making false statements to our Office. Superseding Criminal Information, UnitedStates v. Richard W. Gates I, :17--201 (D.D.C. Feb, 23,2018), Doc 195;Plea Agreement, UntiedStates v. Richard W. GatesIl :17-c-201 (DDC. Feb. 23, 2018), Doc. 205. Gateshas provided informationand in-cour testimony thatthe Office has deemed tobe telable. 9Ges 4/188 302, 84 Gates4/18/18 302, a4, Manaforttold this Office that he never tld Gates that he ha talked to the President's personal counselor suggested that they would be aken cae of. Manafort also sade hoped for a pardon but never discussed one with the President, although he noticed the President's public ‘comments shout pardons, Manafort I0//18 302, at 11. As explained in VolumeI, Sesion TV.A.8, supra,of Manafort entered into plea agreement with our Office. The U.S. District Court forthe District ‘Columbia determined tat he breached the agrement by being uruhful in proffer sessions and before the ‘randjury. Order, UnitedStates». Manafort, :17-c-201 (D.D.C. Fe. 13,2019), Doe. S03, * porter 5/8/18 302, at 1 . Priebus recalled shat the President never really liked Manafort See Prius 43/18 302 at 11. Hick sid that candidate Trumptrusted Manafort's judgment while he worked ‘on the Campaign, but she also oncehead Tramp tll Gates to keep an eye on Mara. Hicks 3/13/18, 302, at 16. * porter 58/18 302, at 11; MeGabn 12/14/17 302,a14 a3 US. Department of Justice _Attorney-AMorkeProduet// Proteoted-Cinder ‘becauseI think fot of it is very unfair. 1 mean, T look at some of them where they go back 12, years. Like Manafort hasnothing to do with our campaign. But I feel so—Ttll you, feea litle badly about it. They went back 12 years to get things that hedid 12 years ago? . feelbadly for some people, because they've gone back 12 years to find things about somebody,and I don’t think it'sright" In response to a question about whether he was considering a pardon for ‘Manafort or other individualsinvolved in the Special Counsel's investigation,the President said, “Tdon't want to talk about that. No, I don’t want to talk about that... But look, I do want t see people treated fairly. That's what it'sallabout."* Hours later, Manafor’s bail was revoked and the President tweeted, “Wow, what a tough sentence for Paul Manafort, who has represented Ronald Reagen, Bob Dole and many other top political people and campaigns. Didn't know Manafort was the head of the Mob, What about Comey and Crooked Hillary andall the others? Very unfair!" Immediately following the revocation ofManafor’sbal, the President’s personal lawyer, Rudolph Giuliani, gave seriesof interviews in which he raised the possibility of a pardon for Manafor. Gi iantold the New York Daily News that “[wJhen the whole thing is over, things might get cleaned up with some presidentialpardons." Giuliani also s in an interview that, although the President should not pardon anyone wile the Special Couns ‘ongoing, “when the investigation is concluded, he’s kind of on his own,right?"" In a CNN The interview two days later, Giulianisaid,“I guess I should clarify this once and forall... president has issued no pardons inthis investigation. The president is not going to issue pardons in this investigation. When it's over, hey, he’sthe president ofthe United States. He retains his pardon power, Nobodyi akingthataway from him."** Giuliani rejected the suggestionthat his and the President's comments could signalto defendants that they should not cooperatein a criminal prosecution because a pardon might follow,saying the comments were “certainly not intended that way."Giuliani said the comments only acknowledgedthatanindividual involved in theinvestigation would not be“excluded from {apardon] fin factthe president and hisadvisors ‘cometothe conclusion that you have been treated unfaiey.”™ Giulianiobservedthatpardons ‘were not unusual in political investigations but said, "That doesn't mean they're going to happen "9Remarksby President Trumpin Press Gagele, White House une 15,2018) * Remarks by President Trampin Press Gaggle, White House (June 15,2018) 5 @realDonaldTrump 6/5/18 (I:4lpm. ET) Tweet © Chris Sommerfeld, Rudy Giulian! saysMueller probe ‘mightgtcleanedup" with ‘presidential pardons in lght ofPaul Manafortgoing toJal, New York Daily News (une 15,2018 "©sharon LaFraniere,Judge Orders Paul Manafort Jailed Before Til, Cting New Obstruction Charges, New York Times (June18, 2018) (quoting Giuliani "Sate ofthe Union with Jake Tapper Transcript, CNN (use 17,2018); see Karoun Demin, Giulianisuggests Trump may pardon Manafort ater Mucle's probe, Washington Post (une 17,2018). 'Sate ofthe Union withJoke Tapper Transcript, CNN (June 17,2018) State ofthe Union withJake Tapper Transrit, CNN Gune 17,2018) 124 US. DepartmentofJustice Work/retected there. yeDoesn’t mean that anybody should rely onit... Big signal i, nobody has been pardoned (On July 31, 2018, Manafort’s criminal trial began in the Easter District of Virginia, ‘generating substantial news coverage." The nextday the President tweeted, “Thisis a terrible situation and Attorney General Jeff Sessionsshould stop this Rigged Witch Hunt right now,before itcontinues to stain our country any further. Bob Mueller is totaly conflicted, and his 17 Angry Democratsthat are doing his dirty work are a disgrace to USA!™* Minutes later,the President ‘tweeted, “Paul Manafort worked for Ronald Reagan, Bob Dole and many other highly prominent and respected political leaders. He worked for mefor a very short time. Why didn't government tell methat he was underinvestigation. These old charges have nothing to do Collusion—a Hoax!”Laterin the day, the President tweeted, “Looking back on history, who was treated worse, Alfonse Capone,legendary mob boss, killer and ‘Public Enemy Number One,’ or Paul ‘Manafort, political operative & Reagan/Dole darling, now servingsolitary confinement—although convicted ofnothing? Where is the Russian Collusion?™* The President's tweets about the ‘Manafor trial were widely covered by the press. When asked about the President's tweets, Sanders told the press, "Certainly, the President's beenclear, He thinks Paul Manafort's been treated unfairly."™” ‘On August 16,2018, the Manafort case was submittedto thejury and deliberations began. ‘At that time, Giulianihad recently suggested to reporters thatthe Special Counsel investigation ‘needed to be “donein the next two orthree weeks,"and mediastoriesreported that a Manatort acquittal would add to criticism thatthe Special Counselinvestigation was not worth the time and ‘expense, whereas a conviction could show that ending the investigation would be premature." “State ofthe Union with Jake Tapper Transrip, CNN(une 17,2018). See, eg Katelyn Pont, Takeawaysfram dayone ofthe PaulManafortwil, CNN uly 31, 2018); Frank Bruni, Paul Manafort's Trial Is Donald Trump's, Too, New York Times Opinion (ily 31, 2018); Rachel Weiner ea, Pan! ManafortrialDay2: Wimeses describe exiravagantclothingpurchases, ‘home remodels, lavish carspaid with wire transfers, Washington Post (Aug. 1, 2018) %©@realDonaldTrump 8//I8 (2:24 am. ET) Tweet. Later that day, when Sanders was asked the shout President's tweet,she told reporters, “It's not an order. It's the Presidents opinion.”. Sarah Sanders,White House Daily Briefing, C-SPAN (Aug. 1, 2018). % @realDonaldTrump 8/1/18 (9:34 am, ET) Tweet %@realDonaléTrump 8/1/18 (11:38 am. ET)Tweet, See, eg, Catol D. Leonnig eta, Trump calls Manafortprasecution “a hoax,”says Sessions should stop Mueller investigation “right now", Washington Post (Aug. 1, 2018); Louis Nelson, Trump ‘claims Manafort cavehas "nothing todo withcollusion”, Politico(Aug. 1.2018) ° Sarah Sanders, White House DailyBriefing, C-SPAN (Aug. 1, 2018). 8 Chyis Strom & Shannon Petypiece, Mueller Probe Doesn'r Need fo Shut Down Before Miaierms, Officials Say, Bloomberg (Aug. 1, 2018). 1 See, Katelyn Polanz etl, Manafortjuryendsfrst day ofdeliberations without a verdict, ‘NN (Aug. 16, 2018); David Voreacos, What Mueller Manafort Case Meansforthe Trump Battle t0 125 US. Department ofJustice _Astommey-Worle May-Coni e Protected ‘On August 17, 2018, asjury deliberations continued,the President commented on the tril from the South Lawn of the White House, In an impromptu exchange with reporters that lasted approximately five minutes, the President twice called the Special Counsel’s investigation a “rigged witeh hunt." When asked whether he would pardon Manafort ihe was convicted,the President said, “I don’t talk aboutthat now. I don’t talk aboutthat.*”" The Presidentthen added, ‘withoutbeingasked furtherquestion, “think the whole Manafort tial is very sad when you look at what’s going on thete. I think its a very sad day for ourcountry. He worked for me fora very short period of time, But you know what, he happens to be a very good person. And I think it's very sad whatthey've doneto Paul Manafort.™” The President did not take furtherquestions” In response to the President's statements, Manafort’s attorney ssid, "Mr. Manafort really appreciates the support of President Trump.” (On August 21, 2018,the jury found Manafort guilty on eight felony counts. Also on August 21, Michael Cohen pleaded guilty to eight offenses, including # campaign-finance violation that he said had occurred “in coordination with, and atthe direction of, a candidate for federal office.”™ The President reacted to Manafort's convictions that day by telling reporters, “Paul Manafort's a good man” and “it’s a very sad thing that happened.""* The President president Trump Remarks on Joln Brennan and Mueller Probe, C-SPAN (Aug. 17,2018). «DrumcallsManafrt “verygoodperson,” Allin with Chis Hayes (Aug. 17,2018)(ransript); Manafort "lawyer: We appreciate Trump's suppor CNN (Aug. 17, 2018) (utpwc. comideospoltcs/2018/08/17paul-manaortattomey-trump-jury-deiberationsschneiderlead-vpx.en). Transcriptat 23,UnitedStates v. Michael Cohen, 1:18-1-602(S-D.N.Y. Aug. 21,2018), Doe. 7 (Cohen 821/18 Transcrp) President Tramp Remarks on Manafort Trial, C-SPAN(Aug, 21,2018) © President Trump Remarks onManafort Trial, C-SPAN(Aug. 21,2018) 1% @reatDonaldTrump 8/22/18 (2:21 am, ET) Tweet. 126 US. Department oflstce Meret /Prtete whole thing about fipping,they call it, {know all about fliping.”*”” The President said that Aipping was “not fair" and “almost ought to be outlawed." In response to a question about whether he was considering a pardon for Manafort, the President sad, “T have great respectfor ‘what he’sdone, in terms ofwhathe’s gone through... He worked formany, many people many, ‘many years, and I would say what he did, some ofthe charges they threw against him, every constant, every lobbyist in Washington probably does." Giuliani told journalists thatthe President “really thinks Manafort has been horribly treated”and that he and the President had ren x ~ ERE 9 ERENCE Bo US. Department ofJustice Mer ! Pretected Analysis In analyzingthe President's conduc towards Flynn, Manafor, EM the follwing evidence is elevant othe elements ofbsruction ofjie ‘4 Obstructive act. The Presidents ations towards witnesses intheSpecial Counsel’s investigation would qualify as obstructive if they had the natural tendencyto prevent particular witnesses from testifying truthfully,or otherwise would have the probable effect ofinfluencing, delaying,or preventing their testimonyto law enforcement. With regard to Flynn,the President sent private and public messages to Flynn encouraging him to stay sttong and conveying that the President still cared about him before he began {0 cooperate With the government, When Flyna’s attorneys withdrew him from a joint defense agreement with the President, signaling that Flynn was potentially cooperating with the ‘government,the President's personal counsel initial y reminded Fiynn’s counselofthe Presidents ‘warm feelings towards Flynn and said “that still remains." But when Flynn’s counselreiterated that Flynn could no longer share information under a joint defense agreement, the President's personal counsel slated that the decision would be interpreted as reflecting Flynn's hostility towards the President, ‘That sequence of events could have had the potential to affect Flynn's decision to cooperate, as well asthe extent of that cooperation, Because of privilege issues, however, we could notdetermine whether the President was personally involved in or knew about the specific message his counsel delivered t Flynn's counsel. With respect to Manafort, there is evidence that the President's actions had the potentialto influence Manafort's decision whether to cooperate with the government, The President and his personal counsel made repeated statementssuggesting that a pardon was a possibility for Manafor, ‘while also making it clear thatthe President did not want Manafort to “flip” and cooperate with the government, On June 15, 2018, the day the judge presiding over Manafort’s D.C. case was ‘considering whether to revoke his bail the Presidentsaid that he “felt badly” for Manafort and stated, “I think a lt ofitis very unfair” And when asked about a pardon for Manafort, the President said, “I do wantto see people treated fairly. That's what it's all about.” Later that day, after Manafor’s bail was revoked, the President called it a “tough sentence” that was "Very unfair!” Two days later,the Presidents personal counselslated that individuals involved in the Special Counse’s investigation could receive a pardon “ifn fact the [Phresidentand is advisors ‘come fo the conclusion that you have beenteated unfarly”—using language that paralleled how the President had already described the treatment of Manafort. Those statements, combined ‘with the President's commendation ofManafor forbeing a “brave man” who “refused t “break’,” suggested that a pardon was a more likely possibility if Manafort continued not to cooperate with the government, And while Manafort eventually pleaded guilty pursuant to # cooperation agreement, he was ound to have violated the agreementbylying to investigators. ‘The President's public statements during the Manafort trial, including during jury deliberations, also had the potential to influence the trialjury. On the second day of trial, for ‘example, the Presidentcalled the prosecution a “terrible situation” and a “hoax” that “continues to stain our country”and referred to Manafart as a “Reagan/Dole darling” who was“serving solitary confinement” even though he was “convicted ofnothing.” Those statements were widely picked ‘up by the press, While jurors were instructed not to watch or read news storiesaboutthe ease and BI US. Department ofJustice Moric ProductMay- Protected-tinder are presumed to follow those instructions, the Presidents statements during the trial generated substantial media coverage that could have reached jurotsif they happened to seethe statements fof leamed about them from others. And the Presidents statements during jury deliberationsthat ‘Manafort “happens to be a very good person” and that “t's very sad whatthey've done to Paul ‘Manafort” hadthe potential to influencejurors who learned ofthe statements, whichthe President ‘madejust as jurors were considering whether to convietor aequt Manafort, Flyan, Mana, actions towards TePresident'sol ‘Nexusan ffi seeing.ding ct aig en ct BRUM ye principally occured when both Sechinevidal. The Prescot oso speulated and pressAndreports Office Course’ Spell investigationbythe emia sreunder Presiden’ the investigation. withthe Special Counsel's ty would cooperate {bout whether The valvingbm. ote oficial proceedings enmered wes dey anafon aout towardsstatements conduct «rnin him during Manaort chargesagainst theprospect Maneforeand Prondenmade of Manafort“iping”ocetred when the about comments Presidents the And tral wesclerthe Special Counsel eontined to verce and jury proceeding, Intent, Evidence conceming the Presidents intent related to Flynn asa potential witness is inconclusive. As previously noted, because of privilege issues we donothave evidence cstablishing whether the President knew about or was involved in his counsel’s communications ‘with Flynn's counsel stating that Fly's decisionto withdraw fromthe joint defense agreement land cooperate with the goverment would be viewed as reflecting “hostility” towards the President. And regardless of whatthe President'spersonal counsel communicated, the President continued to express sympathy for Flynn after he pleaded guilty pursuant to a cooperation ‘agreement, stating that Flynn had “led a very strong life” and the President “fefit] very badly” aboutwhathad happened to him. Evidence concerningthe President's conduct towards Manafort indicates that the President intended to encourage Manafort to not cooperate with the goverment. Before Manafort was convicted,the President repeatedly stated that Manafort had been treated unfairly. One day after ‘Manafort was convicted on eight felony charges and potentially faced a lengthy prison term, the Presidentsaid that Manafort was “a brave man” for refusing to“break” and that “ipping” “almost ‘oughtto be outlawed.” At the same time, although the President had privately told aides he did rotlike Manafor, he publicly called Manafort “a good man’ and said he had a“‘wonderful family.” ‘And when the President was asked whether he was considering a pardon for Manafort, the President did not respond directly and instead said he had “great respectfor what [Manafort's done, in terms of what he's gone through.” ‘The President added that “someof the chargesthey threw against him, every consultant, every lobbyist in Washington probably does.” In light ofthe President's counsel's previous statementsthatthe investigations “mightgetcleaned up with some presidential pardons” and that a pardon would be possible ifthe President “come(s} to the ‘conclusion that you have been treated unfairly,” the evidence supports the inference that the 132 US. Department ofJustice Work I Protected President intended Manafortto believe that he could receive pardon, which would make ‘cooperation withthe government asa means ofobaininga lesser sentence unnecessary, ‘Wealso examined theevidence ofthePresident's intentin making public statements about Manafort atthe beginning of histral and when thejury was deliberating. Someevidence supports ‘conclusionthat the President intended, at least in par, to influence the jury. Thetral generated widespread publicity,and asthejury began to deliberate, commentators suggested that anacquittal ould add to pressure to endthe Special Counsel’ investigation. By publicly statingom the second day ofdeliberationsthat Manafort“happenstobea very good person” and that “it's very sad what they've done to Paul Manafort” right after calling the Special Counsel's investigation “rigged witch hun,” the Presidents statementscould, if they reached jurors, have the natural tendency to engender sympathy for Manafort among jurors, and a factfinder could infer thatthe President intendedthat result. But there aralternative explanations for the President's comments, including that he genuinely felt soery for Manafort or that his goal was nottoinfluence the jury but to influence public opinion. ‘The President's comments also could have been intended to continue sending a message to Manafort that a pardon was possible, As described above, the President madehis comments about Manafort being very good person” immediately after declining to answer a question about whether he would pardon Manafort USS. Department ofJustice Wc Prout Brveeted-bder K. The President's Conduct Involving Michael Cohen Overview The President’s conduct involving Michael Cohen spans the full period of our investigation. During the campaign, Cohen pursued the Trump Tawer Moscow project on behalf ‘of the Trump Organization. Cohen briefed candidate Trump on the project numerous times, including discussing whetherTrump should travel to Russia to advance the deal, ARer the media began questioning Trump's connections to Russia, Cohen promoted a “party ine” that publicly distanced Trump from Russia and asserted he had no businessthere. Cohen continued to adhere 1 thatparty line in 2017, when Congress asked him to provide documents and testimony in its Russia investigation. In an attempt to minimize the President’s connections to Russia, Cohen submitted a leerto Congress falsely stating that he only briefed Trump on the Trump Tower Moscow projectthree times, that he didnotconsider asking Trump to travelto Russia, that Cohen had not receiveda response toan outreach he made tothe Russian government, and thatthe project ‘ended in January 2016, before the frst Republican caucus orprimary. While working on the ‘congressionalstatement, Cohen had extensive discussions with the President's personal counsel, ‘who,according to Cohen,said that Cohen should not contradict the Presidentand should keep the statement short and “tight” After the FBI searched Cohen’s home and officein April 2018, the Presidentpublicly asserted that Cohen would not “lip”and privately passed messages ofsupport tohim. Cohen also discussed pardonswith the President's personal counsel and believed that if he stayed on message, he would get a pardon or the President would do “something else" to make the investigation end. Butafter Cohen began cooperating withthe government in July 2018, the President publicly criticized him, called him a “ra,” and suggested his family members had ‘committed erimes. Evidence 1, Candidate Trump's Awareness of and Involvement in the Trump Tower Moscow Project ‘The President’interactionswith Cohen a a witness tookplace against the background of the President's involvementin the Trump Tower Moscow project. AAs described in dealin Volume f, Section 1V.A.L, supra, from September 2015 until at least June 2016, the Trump Organization pursued a Trump Tower Moscow projectin Russa with negotiations conducted by Cohen, then-executivevice presidentof the Trump Organization and special counsel to Donald J. Trump.” The Trump Organization had previously and % In August 2018 and November 2018, Cohen pleaded guilty to multiple crimes of deception, including making false statements to Congress about the Trump Tower Moscow projec, as described ater inthis setion. When Cohen first met with investigators frm this Offic, he repeated thesame lies he told Congress about the Trump Tower Moscow project Coben 87/18 302, at 12-17. Butafter Cohen pleaded ‘guilty to offensesintheSouthern DistrictofNew York on August 21,2018,he met with investigators again and correctedthe record. The Office: found Cohen’s testimony in these subsequent proffer sessions to be ‘consistent with and corrborated by other informationobtained inthe courseofthe Oie's investigation, ‘TheOffice's sentencingsubmissionin Coben'scriminal ease stated: “Stating wit is second meeting with the [Special Counsel’s Office]in September 2018, the defendant has accepted responsibility nat ony for 4 US. Department ofJustice _Attommey-Worle / rotected unsuecessfully pursued a buildingprojectin Moscow.""" According to Cohen, in approximately September 2015 he obtained intemal approval from Trump to negotiate on behalfof the Trump Organization to havea Russian corporation builda towerin Moscow that licensed the Trump name and brand"" Cohen thereafter had numerousbrief conversations with Trump about the project." Cohenrecalled thatTrump wanted to be updated on anydevelopments with TrumpTower Moscow and on several occasions brought the project up with Cohen to ask what was happening onit." Cohen also discussed the project on multiple oceasions with Donald Trump Jr. and Ivanka Trump?" In the fall of 2015, Trump signed a Letter ofIntentforthe project that specified highly Iucrtive terms forthe Trump Organization”® In December 2015, Felix Sater, who was handling ‘negotiations between Cohen and the Russian corporation, asked Cohen for'a copy of his and ‘Trump's passports to facilitate travel to Russia to meet with goverment officals and possible Financing partners” Cohen recalled diseussing the trip with Trump and requesting « copy of “Trump's passport from Trump's personasecretary, Rhona Graff.” By January 2016, Cohen had ecome frustrated that Sater had notset up a meeting with Russian government officals, so Cohen reached out directly by email to the office of Dmitry through his false statements concerningthe [Trump Tower] Moscow Project, but also his broader efforts contacts public statementsand testimony before Congress to minimizehis olin, andwhat heknewabout, The Fetween the [Trump Organization]and Russian interests during the couse ofthe campaign... information provided by Cohen about the [Trump Tower] Moscow Project in these proffer sessionsis ‘consistent withand corroborated by other information obtained inthe couse ofthe (Special Counsel's also Office's]investigation... The defendant, without prompting by the [Special Counse’s Office), contacts comected other false and misleadingstatement that he had made concerning his outreach to and ‘withRussian officials duringthe courseofthe campaign.” Gov't SentencingSubmission at, UnitedSans {MichaelCohen, :18-r-850(S.D.N.Y. Dee 7, 2018), Doc.AtCohen's sentencing, out Office tofurther while aking eare and being careful note texpltned that Coben had "provided valuable information... ‘what he knows and what he doesnt know.” Transcript at 19, UnitedSats v. Michael Cohen, 1:18--850 (SDNY. Dec. 12,2018), Doc. 17 (Cohen 12/12/18 Transrp). 9" See Volume Section IV.A.1, supra (noting that starting natleast 2013, severalemployeesof the Tramp Organization,including then-president ofthe organization DonaldJ. Trump,pursued a Trump “Tower Moscow deal with several Rusian counterparts), °° Cohen 9/12/18 302at 1; Cohen 87/18 302,a15. 9 Cohen 9/12/18 302, at 2,4 Cohen 912/18 302,a4 Cohen 9/12/18 302, at 4,10 5 MOc-#-000618-25 (10/28/15 Letoffet,signed by Donald J. Trump, Trump Acquisition, LLC and Andrey Rozov,LC. Expert Investment Company); Cohen 9/12/18 302, a 3; Writen Responses ‘ofDonald J. Trump (Nov. 20,2018),a 15 (Response to Question I, Pars (a) through (g) 6 y4DC-H.-000600(12/19/15 Email, Sater to Cohen) © Cohen 9/1218 302, aS 13s USS. Department ofJustice _Atiomey-Worke //rotected-Uinder Peskov, who was Putin’s deputy chiefofstaffand press seretay.""* On January 20,2016, Cohen received an email responsefrom Elena Poliakova,Peskoy’s personalassistant, and phone records ‘confirm that they then spoke forapproximately twenty minutes, duringwhich Cohen described the Trump Tower Moscow projectand requested assistance in moving the project forward.” Cohen recalled briefing candidate Trump about thecal soon afterwards.*® Cohen told Trump he spoke ‘with a woman he identified 2s “someone from the Kremlin,” and Cohen reported thatshe was very professionaland asked detailed questions aboutthe project." Cohen recalled telling Trump he Wished the Trump Organization had assistants who were as competent as the woman from the Kremlin Cohen thought his phoneeal renewed interest ntheprojectThe day after Cohen's call with Poiakova, Sater texted Cohen, askinghim to [cll me when you haveafew minutes to chat Ws aboutPutin they called today.”Sater tld Cohen thatthe Russian government likedthe projectand on January 25,2016, sent an invitation for Cohen to visit Moscow “for a working visi” After the outreach from Sater, Cohen recalled telling Trump that he was waitingto hear ‘back on movingthe project forward™ ‘After January 2016, Cohen continued to have conversationswith SateraboutTrump Tower Moscow and continued to Keep candidate Trump updated about those discussions and the status ‘of the project)” Cokten recalled thatheand Trump wanted Trump Tower Moscow to succeed and that Trump never discouraged him ffom workingon the project because ofthe campaign?” In ‘March or April 2016, Trump asked Cohen if anything was happeningin Russia.””” Cohen also 7 See FSOO00M (12/30/15 Text Message, Cohen to Sater); TRUMPORGMC_000233 (1/11/16to Email, Cohen Email, Cohen (0 pepeskova@prpress got); MDC-H-000600 to(V/4/16 gov.) pr_peskova(@prpress. Cohen Email, (1/16/16 000235 info@rpressgovru); TRUMPORG.MC_ 1/20/16 ail, Poiakova to Cohen; Call Reords ofMichael Cohen. (Shoving » 22-minutecll on January 20,2016, between Cohenandthe number Poiakova provided inher email); Coen 912/18 302, at 23. Afterthe eal, Coen sived Poliakova's contact information in his Trump Organization Outlook contact list, 1/20/16 Cohen Mierosoft Outlook Entry (6:22 am). Cohen L1/20/18 302, a Cohen 11/20/18 302, at$6; Cohen 11/12/18302, a4 Cohen 11/20/18 302, at 5. % Cohen 912/18 302,a. °° FSO0OL (1/21/16 Text Message,Sater & Cohen), 5 Cohen 912/18 302,a 5; 1/28/16 Email, Cohen (attachment). Cohen 11/20/18302, at 5 * Cohen 9/12/18 202,a 6, In later congressional testimony, Cohen stated that he briefed Trump ‘on the project approximately six times after January 2016. Hearing on Issues Related to Trump Onganiction Before the House Oversightand Reform Commitee, 116 Cong (Feb. 27, 2019)(CQ Cong. Transcriptsa 24 (testimony of MichaelCohen). Cohen 9/12/18 302,at6 Cohen 9/18/18 302,a4 136 US. Department ofJustice Wor: Brodvet / reteeted recalled briefing Donald Trump Jr. inthe spring—a conversation that Cohen said was not idle chit chat” because Trump Tower Moscow waspotentially a $1 billiondea.” ‘Cohen recalled that around May 2016,he again raised with candidateTrumpthe possibility ‘of a tip to Russia to advance the Trump Tower Moseow project." At that time, Cohen had received several texts from Sater secking fo arrange dates for such a trip” On May 4, 2016, Sater ‘wrote to Cohen, “I had a chat with Moscow. ASSUMINGthe trip does happen the question is before orafterthe convention... Obviouslythe premeetingtrip (you only)can happen anytime ‘you want but the 2 big guys[is] the question. I said I would confirm and revert." Cohen responded, “My trip before Cleveland. Trump once he becomes the nominee ater the convention." On May 5, 2016, Sater followed up witha text that Cohen thought he probably read to Trump: Pskov wouldlike to invite you as his guest totheSt.Petersburg Forum which is Russia's Davos i's June 16-19. He wants to meetthere with you and possibly introduce you tcither Putin or Medvedev. This is perfect. The entre business classofRussa wil bethere as well. He said anythingyou want to discuss including dates and subjects are on the table to discuss.° Cohen recalled discussing the invitation to the St. Petersburg Economic Forum with candidate Trump and saying that Putin or Russian Prime Minister Dmitry Medvedev might be there. Cohen remembered that Trump said that he would be willing to travelto Russia ifCohen could “lock and load”on the deal” Ip June 2016, Cohen decided not to attendthe St. Petersburg Economie Forum because Sater had not obtained a formal invitation for Cohen from Peskov.”™ Cohen sad he had a quick conversation with Trump atthat time butdid nottell him that the project ‘was over because he did not want Trump to complain that the deal was on-again-off‘were revived.” Daring the summer of2016, Cohen recalled that candidate Trump publicly el had nothing to do with Russia and then shortly afterwards privately checked with Cohen about the status of the Trump Tower Moscow project, which Cohen found “inteesting."*® At some point Cohen 9/12/18 302,a 10. Cohen 9/12/18 302, a7. Cohen 9/12/18 302,a7 °° FSOODIS(5/4/16 Text Message, Sater to Cohen). °" FS00015 (S/4/16 Text Message, Cohento Sater) * FS00016-17(S/5/16 Text Messages,Sater & Coker, Coen 9/12/18 302, at 7. © Cohen 9/12/18 302, at. ° Cohen 9/12/18 302, at 7.8. © Coben 9/12/18 302at 8 *© Cohen 3/19/19 302,a2. 137 US. Department ofJustice Sori Prodet/ Protected-inder that summer, Cohen recalled having a brief conversation with Trump in which Cohen said the Trump Tower Moscow project was going nowhere because the Russian development company had not secured apiece of property forthe project! Trump said that was “too bad,” and Cohen did ot recall alking with Trump aboutthe projectafter that™® Cohen said that at no time during the campaign did Trump tell him not to pursue the project or that the project should be abandoned." Candidate Trumy Adhere to “Party Line” Di ines 2. Cober From Russia ‘Aspreviously discussed,see VolumeISectionIIA, supra, when questionsaboutpossible Russian support for candidate Trump emerged duringthe 2016 presidential campaign, Trump denied having any personal, financial, or business connection to Russia, which Cohen deseribed as the “partyline” oF “message” to follow for Trumpand hissenior advisors.” ‘After the election, the Trump Organization sought to formally close out certain deals in advance ofthe inauguration.Cohen recalled that Trump Tower Moscowwason telist ofdeals to beclosed out”® In approximately January 2017, Cohen began receivinginquiries from the ‘media about Trump Tower Moscow, and he recalled speaking tothe President-Elect when those inquires came in” Cohen was concerned that truthful answers about the Trump Tower Moscow project might notbe consistent with the “message” thatthe President-Elect had no relationship with Russia." Inan effort to “stay on message,” Cohen told a New York Times reporter thatthe Trump Tower Moscow deal was not feasible and had endedin January 2016. Cohen recalled that this, \was part ofa “script”or taking points he had developed with President-Elect Trump and others to Cohen 3/19/19 302, a2. Coben could not eal the precise timing ofthisconversation, but aid he thought it occuredin une of July 2016, Coben recalled that the conversionhappened at some pointat ater eandidate Trump was publicly statingtat he had notingto do with Russia. Cohen 3/1119302, 2 > Cohen3/19/19 302,a 2. © Cohen 3/19/19 302,a2. Cohen 11/20/18 302, st 1; Coen 9/18/18 302, 3, 5Cohen9/12/18 302, at 9 5 Cohen 9/18/18 302, at 1-2; se abo Rskhiadze 4/4/18 302, a 8-9, © Cohen 918/18 302, at 1-2 °F Cohen 9/18/18 302,a3. Cohen 11/2018 302, 4 > Cohen 9/18/18 302,at 5, The article was published on February 19,2017, and reported that Sater and Cohen had been working on plan fora Trump Tower Moscow "as cently asthe fll of 2015" but had come toa halt becauseofthe presidential campaign. Consistent with Cohen's intended party line ‘messagethe article stated, “Cohen said theTrump Organization had received liter ofintentfora project in Moscow from a Russian realestate developer at that time but determined thatthe project was nat feasible.” Megan Twahey& Scot Shane,4 Back-ChannelPlanfor Ukraine andRussia, CourtesyofTrump Associates, New York Times (Feb. 19,2017). 138 US. Department ofJustice Mork: Brot! Proteoted-tinder dismiss the idea of substantial connection betweenTrump and RussiaCohen saithat he discussed thetalking points with Trump but that he did not explicit tll Trump he thoughtthey ‘were untrue because Trump already knew they were untrue." Cohen thoughtitwas important to Say the deal was donein January 2016, rather than acknowledge that talks continued in May and June 2016, because it limited the period when candidate Trump could be alleged to have @ relationship with Russia to an early pointinthe campaign,before Trump had become the paty’s ‘presumptive nominee.”® 3. mits False Statements to Congress Minimizing the ‘Moscow Project Accordance with the Party Line In early May 2017, Cohen received requests from Congress to provide testimony and ‘documentsin connection with congressional investigations of Russian interferencein the 2016 election.” At that time, Cohen understood Congress's interest in him to be focused on the allegations inthe Steele reporting concerninga meeting Cohen allegedly had with Russianofficials in Prague during the campaign.” Cohen had never traveled to Prague and was not concerned about those allegations, which hebelieved were provably falseOn May 18, 2017, Cohen met With the President to discuss the request ftom Congress, and the Presidentinstructed Cohen that he should cooperate because there was nothingthere." Cohen eventuallyentered into ajoint defense agreement (IDA) withthe President and other individuals who were part of the Russia investigation?” In the months leading up to his congressionaltestimony, Cohen frequently spoke with the President's personalcounselCohen "Cohen 9/18/18 302,aS Coben 918/18 302at 6 Cohen 912/18 302, at 10 °* p-S'0-000000328(9/17 Lette, HPSCI to Cohen; P-SCO-000000331 (5/12/17 Letter, SSCT toCoben) Cohen 11/20/18302, 23. * Cohen 11/20/18 302, t 23. Cohen 11/12/18 302, a2;Cohen 11/20/19 302, a 3. > Cohen 11/12/18 302, 2 *¥ Cohen 11/1218 302, at 2-3; Coben 11/20/18, at 246, Cohen told investigators about his ‘conversationswith the Presidents personalcounsel after waving any privilege of his vnand afer this (Officeadvised his counsel notto provideanycommunicationsthatwould be covered byanyotherprivilege, including communications protected by ajoint defense or common interest privilege. AS a result, most of ‘what Cohen told us about his conversations with the President's personalcounselconcerned what Cohen ‘had communicatedto the President's personal counsel,and natwhatwas aiin response. Cohen described certain statements made by the President's personal counsel, however, thataresetforth inthis section. Cohen and his counsel were beter positioned than this Oficeto evaluuie whether any privilege protected those statement because they had knowledge ofthe Scope ofther joint defense agreementand access to privilegedcommunicationtat may haveprovided contextfr evaluating thestatements they shared. After Interviewing Cohenabout these matters, we asked the residents personal counselihe wished to provide information to vs abouthis conversations with Cohenrelated to Cohen's congressional testimony about 139 US. Department ofJustice Mork Predict! Protected-inder sid that in those conversationthe President's personalcounsel would sometimes say that he had justbeenwith thePresident." Cohenrecalledthat the President's personal counsel told him the IDA was working weltogether and assured him that there was nothing there and iftheystayed on messagethe investigations would come to an end soon.” AL tat time, Cohen's legalbills were being paid by the Trump Organization;*' and Cohen was told not to worry because the investigations would be over by summer orfll of 2017." Cohen said thatthe President's ‘personal counse! also conveyed that, as part ofthe JDA, Cohen was protected, which he would not be ifhe “went rogue."Cohen recalled thatthe President's personal counsel remined him that “the President loves you" and told him that ifhe stayed on message, the Presidenthad his back." Tn August 2017, Cohen began draftinga statement aboutTrump Tower Moscow to submit to Congress along with his document production.The final version ofthe statement contained several false statements about the projec." First, although the Trump Organization continued to pprsue the project until at least June 2016, the statement said, “The proposal was under ‘considerationatthe Trump Organization from September2015 untilthe end ofJanuary 2016. By the end ofJanuary 2016, I determined thatthe proposal was notfeasible fora variety ofbusiness reasons and should not be pursued further. Based on my business determination, the Trump ‘Organization abandoned the proposal."Second,although Cohen and candidate Trump had discussed possible travel o Russia by Trump to pursue the venture, the statement sid, “Despite ‘overtures byMr, Sater, I never considered asking Mr. Trump to travel to Russia in connection with this proposal. I told Mr. Sater that Mr. Trump would not travel to Russia unless there was a definitive agreement in place."Third,although Cohen had regularly briefed Trump on the status ‘Trump Tower Moscow. ThePresidentspersonal counsel declined and, through is ovcounsel, indicated that he could notdisagarcgate informationhe had obtained from Cohen from information he had obtained fom other parties inthe IDA. In view oftheadmonition this Office gave to Cohen's course to withhold ‘communications tht could be covered by privilege, the President's personal counsel's uncertainty about ‘the provenanceof his own knowledge, the burden ona privilege holderto establish the elements to support ‘claim ofprivilege, and the substance ofthe statementthemselves, we have inched relevant statements ‘Cohen provided inthis report. Ifthe statements were to be used in context beyondthis repo, further analysis could be warated ° Coben 11/20/18 302, 86 %° Cohen 11/20/18 302, 2,4 Cohen 11/2018 302, 4 ° Cohen 918/18 302, at 8; Coben 11/20/18 302, at 3-4 * Cohen 11/20/18 302, 4 Cohen 9/18/18 302, 1 ; Cohen 11/20/18302, at 2. = p-S0-000003680 and P-SCO-0000003687 (8/1617 Email and Atachment, MichaelCohen's Counsel to Caen). Cohen saiditwas nothisidea to write alterto CongressaboutTumTowerMoseow. Coen 9/18/18 302, 7. "+ p-SC0-00000478(Statementof Michael D. Cohen,Esq, (Aug. 28,2017). > p.$€0-00009478 (Statement ofMichael D. Cohen, sq, (Aug. 28,2017). 4 p.SO-00000478(StatementofMichael D. Cohen, Esq. (Aug, 28, 2017), 140 US, Department ofJustice Work ! resected Fed Grin Be) ‘ofthe projet and had numerous conversations abouti, the statementsaid,“Mr. Trump was never in contact with anyone about this proposal other than me on three occasions, includingsigninga ‘non-binding leter ofintentin 2015." Fourth,although Cohen's outreach to Peskoy in January 2016 had resulted ina lengthy phone call with a representative from the Kremlin, the statement ‘tid that Cohen did “not recall any response to my email[to Peskov],nor any other contacts by ‘me with Mr, Peskov or other Russian government officials aboutthe proposa.”7"" ‘Cohen’s statement wascirculated in advance to,and edited by, members of the IDA." Before the statement was finalized, early drafts contained a sentencestating, “The building project led me to make limited contacts with Russian government officials.” In thefinalversion ofthe statement, that line was deleted." Cohen thoughthe was told that it was a decision ofthe JDA to lake out that sentence, and he did not push back onthe deletion.” Cohen recalled that he told the President's personal counselthathe would nat contest a decision ofthe IDA." Cohen also recalled that in drafting his statement for Congress, he spoke with the President's personal counsel about a differentissue that connected candidate Trump to Russia: Cohen'sefforts to set up a meeting between Trumpand Putin in New York during the 2015 United [Nations General Assembly.” In September 2015, Cohen had suggested the meeting to Trump, ‘who told Cohen to reach out to Putin's officeaboutit?” Cohen spoke and emailed with a Russian officialabout a possible meetingand recalled that Trump asked him multipletimes forupdates on the proposed meetingwith Putin: When Cohen called the Russianofficial a second time, she told him it would not follow properprotocol for Putin to meet with Trump, and Cohen relayed that ° P-SCO-00000478 (Statementof Michael D. Cohen,Esq. (Aug. 28, 2017), °°" P-SCO-00000478 (StatementofMichael D. Cohen,Esq. (Aug. 28,2017), 7 Coben 9/12/18 302, at8-9, Cohen alsotestified in Congress that the President's counsel reviewed and edited the saiement. Hearing on IsuesRelated to Trump Organization Before the Howse OversightandReform Commie,116% Cong (Feb. 27,2019) (CQ Cong. Transcripts, at 2-25)(testimony Cohen). Because afconcerns about the coran interes privilege,we dd notobtain or review byall Michael draftsofCohen's statement. Based onthe drafts thatwere releasedthrough this Office's filter process, ‘it appears thatthe substance ofthe four principalfalse statements described above were contained in an try drat prepared by Cohen and hi counsel, P-SCO-0000003680 and P-SCO-0000003687 (8/16/17 imal and Atachment, Cohen's counsel toCohen). ° p-S10-0000003687 (8/16/17 Draft StatementofMichael Cohen); Cohen 11/20/18 302,a4 ° Coben 1/20/18 302, at 4, different line stating thatChen did “not ecall any responseto my ‘email [to Peskow in January 2016], nor any other contacts by me with Mr. Peskoy or ether Russian {government of icials about the propora” remainedin the dra. See P-SCO-0000009478 (Statementof ‘MichaelD. Cohen, Esq. (Aug. 28,2017), “Cohen 1/20/18 302,a4 * Cohen 11/20/18 302, a Cohen 9/18/18 302, a10-11 © Cohen 9/18/18 302, at11; Cohen 11/12/18 302,a4 Cohen 9/18/18 302, a 11; Cohen 11/12/18 302,aS 14 USS. Department ofJustice Worle ! Protected message to Trump.” Cohen anticipated he mightbe asked questions about the proposed Trumpatin mecting when he testified before Congress because hehad talked about the potential mecting fn Sean Hannity's radio show." Cohen recalled explaining to the Presidents personal counsel the “whole story” ofthe attempt to set up a meeting between Trump and Putin and Trump'srole init?" Cohen recalled thathe andthe President's personal counseltalked about keeping Trump ‘utofthe narrative,andthePresident'spersonal counsel told Cohen the story was not relevant and should not be inluded in hisstatementto Congress." Cohen said that his “agenda” in submiting the statement to Congress with false representations abouthe Trump Tower Moscowprojet was to minimize links betweentheproject andthe President, givethefalseimpression tat the project had ended before the fist presidental Primaries, and shut down further inquiry into Trump Tower Moscow,with theaim ofTimiting the ongoing Russia investigations." Cohen said he wanted to protect the President and be loyal 0 bynot contradicting anythingthe President had sai. Cohen recalledhe was concerned that, ithetld theuth abougeting responsefrom th Kremlin or speakingto candidateTrumpabout travel to Russia to pursue theproject, he would contradict the message that no connectionexisted between Trump and Russia, and he rationalized his decision to provide false testimony because the deal never happenedHe was not concerned thatthe story would be contradicted by individuals whoknew it was false because hewas sticking otheparty lineadhered o bythe whole sroup™ Cohen wanted the suppor ofthe President and the White use, and he believed that following the pany ine would help put an end 10 the Special Counsel and congressional investgatons™” Between August 18,2017, when the statement was in aninitial draft stage, and August 28, 2017, when te statementwassubmited 1o Congres, phone records reflect that Cohen spoke with the President's personal counsel almost daly."* On August 27, 2017, the day before Cohen Cohen 11/12/18 302, tS Cohen 9/18/18 302, at 1 Cohen 319/19 302,312 ° Cohen 3/19/19 302, at 2; see Cohen 9/18/18 302, at 11 (recalling tht he was told that if he stayed on message and kept the President out ofthe narrative,the President would havehisback) PCohen 9/12/18 302, at Information at 45, Unltd States ¥. Michael Cohen, 1:18cr-850 (SDNY. Nov- 29,2018), Doe. 2 (Cohen Information), % Cohen 11/20/18 302, a4 Cohen 11/20/18 302,a 4; Cohen 1/12/18 302, at 23, 4,6 Coben 9/12/18 302, 9, ° Cohen 9/2/18 302, t £9. ° Cohen 11/12/18 302, a 2-3; Cohen 11/20/18 302, at 5; Call Records of Michael Cohen (Reflecting thee contacts on August 18, 2017 (24 seconds; $ minutes 25 seconds; and 10 minutes SR ‘ssconds)twocontacts on August 19 (23 secondsand 24 minutes 26 seconds); three contacts on August 23 ( seconds; 20 minutes 33 seconds; and 5 minutes 8 seconds); one contacton August 24 (11 minutes 58 seconds); 18 contacts on August 27(28seconds; 4 minutes 37 seconds; 1 minute 16 seconds; minutes 35 142 USS. Department ofJustice hocBt! Protected submitted the statement to Congress, Cohen and the President's personal counsel had numerous contacts by phone,including calls lasting theee, four, six,eleven, and eighteen minutes.” Cohen recalled telling the President's personal counsel, who did not have first-hand knowledge of the project, that there was more detail on Trump Tower Moscow that was notin the statement, including that there were more communications with Russia and more communications with candidate Trump than the statement reflected’”® Cohen stated that the President’s personal ‘counsel responded tat itwas not necessary to elaborate or include those details because the project ‘not progressand that Cohen should Keephis statement short and “tight”and the maiterwould soon come to an end:”! Cohen recalled thatthe President's personal counselsaid “his elient” Appreciated Cohen, that Cohen should stay on message and not contradict the President, thtthere ‘as no need to muddy the water, and that tas time to move on”* Cohen said he agreed because it was what he was expected todo.” AfterCohen laterpleaded pulty to making false statements to Congress about the Trump Tower Moscow project, this Office sought to speak with the President's personal counsel about these conversations with Cohen, but counsel declined, citing potential privilege concerns.” Atthe same time that Cohen finalized his writen submission to Congress, he served as & sourcefor a Washington Post story published on August 27, 2017, that reported in depth forthe first time thatthe Trump Organization was “pursuing a planto develop a massive Trump Tower in Moscow”atthe same time as candidate Trump was “running for presidentin late 2015 and early 2016:The article reported tht“the project was abandoned atthe end ofJanuary 2016, just before the presidential primaries began, several people familiar with the proposalsad.” Cohen recalled that in speaking tothe Post he held to the false story that negotiations forthe dealceased in January 20167 seconds; 6 minutes 16 seconds; minutes 10 seconds;3 minutes $ seconds; 18 minutes $5seconds; 4 ‘minutes 56 seconds; I1 minutes 6 seconds; 8 scconds; 3 seconds; 2 seconds 2 seconds) * Cohen 11/2018 302, at 5; Call Records ofMichael Cohen. (Reflecting 14 contacts on August 27,2017 (28 seconds; 4 minutes 37 seconds; minute 16 seconds; minutes 35 seconds; 6 minutes 16 seconds; /minutes 10 seconds; 3 minutes 5 seconds; 18 minutes $5 seconds; # minutes $6 sevonds; 11 minutes 6 seconds; seconds; 3 seconds; 2 seconds; 2 seconds). Cohen 1/20/18302at 5. Cohen 11/20/18 302, tS. Cohen aso vaguely recalled telling the President's personal counsel thathe spoke with a wornan frm the Kremlin andtat the President's personalcounsel respondedtothe effect of0 what?”because the deal never happened. Cohen 11/20/18 302, tS Cohen 11/20/18 302, a5. Cohen 11/20/18 302, a ° 29/19 email, Counsel for personal counsel to the Presidentto Special Counsel's Offi. 5 Cohen 9/18/18 302, at 7; Carl D. Leoanig eta, Trump's business sought dealon a Trump Towerin Moscow while he ranforpresident, Washington Post (Aug. 27,2017) Carol D. Leong et a, Trump's busines sought deal on a Tramp Tower in Moscow while he ranfor president, Washington Post (Aug. 27,2017). Cohen9/18/18 302,a7. M3 US. Department ofJustice Work Bend! Bmmeeted ‘On August 28, 2017, Cohen submitted his statement about the Trump Tower Moscow project to Congress™ Cohen did not recall talking tothe residentabout the specifiesofwhat the statement said or what Cohen would lair testify to about Trump Tower Moscow.” He recalled speaking to the President more generally about how he planed to stay on message in his testimony." On September 19, 2017, in anticipation of his impending testimony, Cohen orchestrated the publi releaseohs opening remarksto Congress,which eiticized the allegations in the Steele materialand claimed that the Trump Tower Moscow project “was terminated in Janwary of 2016; which occurred before the Towa caueus and months before the very fist primary."Cohen said the release ofhis opening remarks was intended to shape the narrative and ltother people who might be witnesses know what Cohen was saying so they could follow the same message.Cohen said his devision was meant to mirror Jared Kushner's decision to release & statement in advance of Kushner's congressionaltestimony, which the President's personalcounselhad told Cohen the President iked.** Cohen recalled that on September 20, 2017, after Cohen's opening remarks had been printed by the media, the President's personal counsel told him tha the President was pleased with theTrump Tawer Moscow statementthat had gone ut." On October 24 and 25, 2017, Cohen testified before Congress and repeated the false statements he had included in ‘his written statement about Trump Tower Moseow.'"Phone records show that Cohen spoke with the President's personal counsel immediately after his testimony on both days." 4. The Presid MessagesofSup ort to Cohen In January 2018, the media reported that Cohen had arranged a $130,000 payment during the campaign to prevent a woman from publicly discussing analleged sexual encounter she had ° p-SCO-000009477 - 9478 (8/28/17 Letter and Attachment,Cohen to SSC. Cohen 11/12/18 302, at 2;Cohen 9/12/18 302,a9, "© Cohen 9/12/18 302, a9 "© Cohen 9/18/18 302,a7; 48, eg, READ: Michael Cohen'sstatementothe Senate intelligence ‘cammitee, CNN (Sept. 19,2017). "© Cohen 9/18/18 302, 7. "©Cohen 9/18/18 302, at 7; Cohen 11/20/18 302,a6 "©" Cohen 11/20/18 302, at 6. Phone reconts show that the President's personal counse alld ‘Cohen on the morning ofSeptember 20,2017, and they spoke forapproximately 11 minutes, and that they had two more contacts that day, one ofwhichlasted spproximately 18 minutes. Call Records ofMichae! ‘Cohen. (Reflecting thee contacts on September 20, 2017, wih ells lasting for 11 minutes 3 seconds;2 secondsand 18 minutes 38seconds) "5 Cohen information,a 4; ExecutiveSesion,Permanent Select Commitee on Intelligence, US. HouseofRepresentatives, Interview ofMichael Cohen (Oct 24,2017), at 10 17119. 0% Call Records of Michael Cohen. (Reflecting two contacts on October 24,2017 (12 minutes 8 seconds and & minutes 27 secondsandthre contacts on October 25,2017 (I second; 4 minutes 6 seconds; and 6 minutes 6 second). 144 U.S. Department ofJustice Proected P r o d u e t / Werke ‘with the President before he ran foroffice."®” This Office did not investigate Cohen’s campaignperiod payments to women." However,those events, as described here,are potentially relevant to the Presidents and his personal counsels interactions with Cohen asa witness who later began to cooperate withthe government. (On February 13, 2018, Cohen release a statement to news organizations that stated, “In & private tansttion in 2016, used my own personalfunds to facilitate a paymentof$130,000 to [the woman}, Neither the Trump Organization nor the Trump campaign was 2 party to the transaction with [the woman], and aeither reimbursed me forthe payment, either diretly or testified that he had indirectly.""In congressional testimony on February 27, 2019, CohenPresidenthad directed the that and resident discussed what to say about the payment withthe Cohen to say tat the President “was not knowledgeable of[Cohen's] actions”in making the payment" On February 19, 2078, the day after the New York Times wrote a detailed sory tributing the payment to Cohen and deseriing Cohen asthe Presidents“ixer,” Cohen received aoor text message from the President's personalcounsel that stated, “Client says thanks for what you On April 9, 2018, FBI agents working with the U.S. Atlomey's Office forthe Southem District ofNew York executed search warrantson Cohen's home,hotel room, and office"? That day,the President spoke to reporters and said that he had “just heard that they broke into the office ‘of one ofmy personal attorneys—a good man.”"°"" The President called the searches “a real disgrace” and said,“I's an attack on our country,in a true sense. I's an attack on what we all "07 See, , Michael Rothfeld & Joe Palazzolo, Trump Lawyer Arranged$130,000 Paymentfor Adult Film Star'sStence, WalSteet Journal(an. 12,2018). "0% The Office was authorized to investigate Cohen's establishment and use of Essential Consultants LLC,which Cohen crated to facilitate the $130,000 payment during the eampaign,based on ‘evidence thattheentity received fundsfrom Russan-backedents. Cohen'suse of Essential Consultants to facilitate the $130,000 payment tothe woman dring the campaign was pat ofthe Ofie's referral of ‘etd Cohen-teated matfers to the US. Attorney's Ofice for the SoutherDistrict ofNew York. "0 See e.g, Mark Berman,Longtime Trump attorneysayshe made $130,000payment to Stormy Daniels with hls money, Washington Post(Feb. 142018) "30 fearing om sues Related to Trump Organisation Beforethe House Oversight and Reform Commitee, 16"Cong. Feb. 27,2019)(CQ Cong, Transits, at 147-48(testimonyofMichaelCohen). “Toll records show that Cohen was connected to a White House phone number for approximately five ‘minutes on January 19,2018, and for approximately seven minutes on January 30,2018, and that Cohen Called Melania Trumps ell phone sever! times between Janary 26,2018, and January 30,2018. Call Recards ofMichel Coben, st2/19/18 Text Message, residents personal counsel to Cohen; se Jim Rutenberg etal, Tools ofTramp's Fixer: Payouts, Inimidationand the Tabloids, New York Times(Feb, 18,2018). 82 Gov't Opp. to Def. Mot. for Temp. Resteining Ordet, I the Matter ofSearch Warrants ExecutedonApril 9, 2018, \8n}-3161 (S.D.N.Y. Ap. 13,2018), Doc. (On April 9, 2018, agents from the New Yorkfeloffice ofthe Federal Bureau ofInvestigation... eecuted search warrants for Michac! ‘Cohen's residence, hotel om, oie, safety deposit box, and clectonic devices”) "Remarks by President Trump Before Meeting wit Senior Miltary Leadership, White House (Apr. 9, 2018) 145 US. Department ofJustice //Protected Worl stand for"®"* Cohen said thataftr the searches he was concermed that he was “an open book,” that he did not wantissues arising from the payments to women to “eome out,” and that his false statements to Congress were “a big concern.” to Cohen, the [A few daysafter the searches, the Presidentcalled CohenAccording resident encouraged President said he wanted to “checkin” and asked ifCoen was okay,andthe Cohen to “hangin thre” and “stay strong."Cohenalso recalled that following the searches he heard from individuals who were fn ouch wih the Presiden and relayed to Coen the President's President's, reached out suppor for him." Cohen recaled thMIME frend ofthe said “he loves you" and had thePresident Mara-bagoand in Boss” "the wih was he sythat to forthe Trump tot to worry.” Cohen recalled tha a end Organization, told him, “the bos lovesyour"™ And Cohensaid a] ofthe Presiden’, told him, “everyone knowsthe boss has your back.™ (On orabout April 17, 2018, Cohen began speaking with an attorney, Robert Costello, who had a close relationship with Rudolph Giuliani, one of the President's’ personal lawyers.°2 Costello told Cohen that he had a “back channelofcommunication” to Giuliani, and that Giuliani had said the “channel” was“crucial”and “must be maintained.”"" On April20, 2018,the New ‘York Times published an article aboutthe Presidents relationship with andtreatment ofCohen." “The Presidentresponded witha series oftweets predicting that Cohen would not“ip”: ‘The New York Times and a third rate reporter... are going out ofther way to destroy “Michael! Cohen ad hisrelationship with me in the hope that hewll lip.” They use nonexistent ‘sources’ and a drunkidrugged up loser who hates Michael, a fine person with & ‘wonderful family. Michael isa businessman forhisown accountlawyer who [have always Tiked & respected. Most people will lip ifthe Governmentlets them out oftrouble,even "SH Remarks by President Trump Before Meeting with Senior Miltary Leadership, White House (Apr 9, 2018) 9 Cohen, 1/17/18 302,at11 Cohen 3/19/19 302at4 7 Cohen3/19/19 302, at 4 8% Coen 9/1218 302, 11 2 Cohen 912/18 302, a IL 20 Cohen 912/18 302,at 1 "1 Cohen 912/18 302, at 1 2 4/17/18 Email, Citron to Cohen; 4/19/18 Email, Costello to Cohen; MC-SCO-001 (1/7/18, redacted billing statementfrom Davidof, Hutcher & Citron to Cohen, 14721/18 Email, Costello to Cohen. "© See Maggie Haberman etal, Michoel Cohen Has Sald He Would Take a Bulletfor Tramp. Maybe NotAnymore, New York Times (Apr 2, 2018). 146 USS. Department ofJustice Fed-R-Crim-P-6fe) Worle // Proteoted-Uinder if ie means lying or making up stories. Sorry, {don’t see Michael doing that despite the horrible Witch Hunt and the dishonest medial Inan email that dayto Cohen, Costello wrote that he had spoken with Giuliani.Costello told Cohenthe conversation was “Very Very Positive. You are ‘loved’... they arein our corner ‘Sleep well tonight(}, you havefriends in high places.” CCohen said that following these messages he believed he had the support ofthe White Houseifhe continued to toe the party line,and he determined to stay on message and be part of the team."Atte time, Cohen's understoodthat his legalfeeswere silbeing paid bythe Trump Organization, which he said was important to him." Cohen believed he needed the power ofthe Presidentto take care ofhim,so he needed to defend the President and slay on message." Cohen also recalled speaking with the President's personal counsel about pardons after the searches ofhis home and office had occurred,ata time when the media had reported that pardon discussions were occurringatthe White House."" Cohen told the President's personal counsel hhe had been a loyal lawyer and servant, and he said that afterthe searches he was in an ‘uncomfortable position and wanted to know what was in it for him!"According to Cohen, the President's personal counselresponded that Cohen should stay on message,thatthe investigation ‘was a witch hunt, and that everything would be fineCohen understood based on this ‘conversation and previous conversations about pardons with the Pesident’s personal counsel that 4s long as he stayed on message, he would be taken care of by the President, either through a pardonor through the investigation being shutdown." "5 @realDonaldTrump 4/21/18 (9:10 am. ET) Tweets "8421/18 Email, Cosello to Cohen 10°491/18 Emil, Costello to Cohen, CEO "8 Cohen 9/12/18 302,a II "©Cohen912/18 302, at 10, "© Cohen 912/18 302, at 10, "1 Cohen 11/20/18302at 7. Ata White House pressbriefing onApril 23,2018in responseto or the other nthe President ‘questionabout whether the White House had “close[d] the door one way taken place somethingthat purdoning MichaelCohen,” Sanders said, Ils aed to close the door on or may not everhast happen. [donlike to diseus or comment on hypothetical situations that may that case, but we don't1 would have refer you fo personal attorneys to comment on anything specific regarding tnything at this point” Sarah Sanders, White House Daly Briefing, C-SPAN (Apr. 23, 2018). © Cohen1/20/18 302at 7; Chen 3/19/19 302, a3 59 Cohen 319/19 302, at 3, 4 Cohen 3/19/19 302,at 3-4 147 US. Department ofJustice Werle //Proteeted-Linder (On April 24, 2018, the President responded to a reporter's inguiry whether he would considera pardon for Cohen with, “Stupid queston."®** On June 8, 2018,the President said he “hadn't even thought about” pardons for Manafort or Cohen, and continued, “Is far to early to be thinking aboutthat. They haven't been convicted ofanything. There’s nothing to pardon.”""™ ‘And on June 15, 2018, the President expressed sympathy for Cohen, Manafort, and Flynn in a pressinterview and said, “I feel badly about a lot of them, because T think a ofit is very wna." 5. ‘The President'sConductAfterCohen Began Cooperating with the Government OnJuly 2,2018, ABC News reported based onan “exclusive”interview with Cohen that Cohen “strongly signaled his willingness to cooperate with special counsel Robert Mueller and federal prosecutors in the Southern District of New York—evenifthat puts President Trump in jeopardy."That week,the media reported that Cohen had added an attomey tohislegal team ‘who previously had worked as legaladvisorto PresidentBill Clinton." ‘Beginning onJuly 20, 2018, the media reported onthe existence ofa recording Cohen had made ofa conversation he had with candidate Trump about a payment made toa second woman ‘who said she had had an affair with Trump.On July 21, 2018,the President responded: “inconceivable thatthe government would break into a lawyer'soffice (early in the morming)— almost unheard of, Even moreinconceivable that a lawyer would tape a elent—totally unheard ‘of& pethaps illegal. The good newsisthat yourfavorite President did nothing wrong!”"* On July 27, 2018, after the media reported that Cohen was willing to inform investigators that Donald ‘Trump Jr. told hisfather aboutthe June 9, 2016 meeting to get “dirt” on Hillary Clinton,the President weeted: “[S]othe Fake News doesn’t waste my time with dumb questions, NO, T did NOT knowofthe meeting with my son, Don jr. Sounds to melike someoneis trying to make up "9% Remarks by President Trump and President Macron ofFrance Before Restricted Bilateral ‘Mestng, The White House (Ape. 26,2018) 1% Presiden DanaldTrump Holds MediaAvailabilty Before Departingfr the G-7Sumit, CQ [Newsmaker Transcripts (June 8, 2018) 1 Remarksby President Trump in Press Gagale, The White House (June 15,2018), "4 EXCLUSIVE: Michael Cohen says family and country, not President Trump, is his first loyalty’, ABC Gly 2,2018). Cohen std inthe interview, "To be crystal clear, my wife, my daughter and ‘my son ad this county have my first loyalty.” "89 See eg., Darren Samuclon, Michael Cohen hives Clinton scandal veteran Lamy Davis, Politico (July 8, 2018) "8 Se, e.g, Mat Apuzzo eta, Michael Cohen Secretly Taped Tramp Diseusing Payment 10 Playboy Model, New York Times July 20, 2018) "08@realDonalTrump 7/21/18 (8:10 am. ET) Tweet "88 See. Jim Suto,Cuomo Prime Time Transript, CNN (Iuly 26,2018). Las US. Department ofJustice Mork Predict! Protected-inder storiesin order to get himselfout ofan unrelatedjam (Taxi cabs maybe?). He even retained Bill ‘and Crooked Hillary's lawyer. Gee, I wonderithey helped him make thechoice!"®® ‘On August 21, 2018, Cohen pleaded guiltin the Southem District of New York to eight felony charges, including two counts of campaign-finance violations based on the payments he had made duringthe final weeks ofthe campaign to women who said they had affairs with the President." During the plea heating, Cohen stated that he had worked “at the direction of” the candidate in making those payments." The next day, the President contrasted Cohen's cooperation with Manafor'’s refusalto cooperate, tweeting,“I feelvery badly for Paul Manafort and his wonderfulfamily. ‘Justice’ took a 12 year old tax ease, among other things, applied tremendous pressure on him and, unlike Michael Cohen, he refused to “break’—make up stories in orderto get a “deal.” Such respectfora brave man!™™* On September 17, 2018, this Office submited writen questions to the President that included questions about the Trump Tower Moscow project and attached Cohen's written statementto Congress and the Letter ofIntentsigned by the President." Among other issues, the questionsasked the President to desribe the timingand substance of discussions he had with Cohen aboutthe project, whether they discussed a potential trip to Russia, and whether the President“at any time direct{ed} or suggest[ed] that discussions about the Trump Moscow project should cease" or whetherthe President was “informed at any time that the projet had been abandoned.”"™ ‘On November 20, 2018, the President submitted writen responses thadidnotanswerthose {questions about Trump Tower Moscow directly and did not provide any information about the tim ng of the candidate's discussions with Cohen aboutthe project or whetherhe participated in any discussions about the project being abandoned or no longer pursued." Instead, the President's answers stated in relevantpart Thad few conversations with Mr. Cohen onthis subject. As[recall they were brief, and they were not memorable. I was notenthused about the proposal, and I do not recall any discussion oftavel to Russia in connection with it.I do not remember discussing it with "8 @realDonaldTrump 727/18 (7:26 am, ET) Tweet, @realDonaldTeump7/2718 7:38 asm. ET) 727/18 (7:56 am. ET) Tweet. At the time ofthese tweets the press had @retlDonaldTrump Tweet; reported that Cohen's financial interestin taxicab medallions werebeing scrutinized by investigators ‘See,eg, MattApuzz0 etal, MichaelCohenSecretly Taped TrumpDiscussingPayment to Playboy Model, ‘New Yerk Times lly 20, 2018) "4 Cohen Information, °°Cohen 821/18 Transcript, a 23. ‘0 @realDonaldTrump 8/22/18 (9:21 am, ET) Tweet. "© 9/17/18 Later, Special Counsel's Office to President's Personal Counsel attaching written questions forthe President, with attachments), 8 9/17/18 Leter, Special Counsel's Office to President's Personal Counsel (attaching writen _qustionsforthe President), Question Il, Pats (a) through (@). 10Write Responses ofDonald J. Tramp (Nov. 20,2018). 149 USS. Department ofJustice Mork /Protected-inder anyone else atthe Trump Organization, although itis possible. I do not recall being aware at the time ofany communications between Mr. Cohen and Felix Sater and any Russian governmentofficial regarding the Letter of Intent. (On November 29, 2018, Cohen pleaded guilty to making false statements to Congress on based hisstatementsabout the TrumpTower Moscow project." Ina plea agreement with this Office, Cohen agreed to “provide truthful information regarding any and all matters as to which this Office deems relevant."Later on November 29, after Cohen's guilty plea had become public, the President spoketo reporters about the Trump Tower Moscow projec, saying: decided not to do the projet... I decided ultimately not to doit. There would have been nothing wrong ifdid doit, 11 did do it, there would have been nothing wrong. That ‘was my business... twas an optionthatI devided not todo, I decided not todo it. I was running my ‘The primary reason... T'was focused on runningforPresident... have won,in wouldn’t I that chance good a was ‘There campaigning. was I while ‘business lose lots of I should why And business. which ease T would've gone back into the ‘opportunities? people ‘The President also said that Cohen was“a weak person. And by beingpetweak,unlikeother So sentence. reduced a dois to uying he's what And person. weak isa watch—he you that Cohen's up brought also President about."The knew everybody that lyingaboutaproject he's story to Congress regarding the Trump Tower Moscow project: “So here's theandlor ‘writen submis ion testified in the House Go back and lok atthe paper that Michael Cohen wrote before he“Even {Cohen} wasright, it Senate. Ietaked about his position" The President added,during the ifcampaign." doesn't matter because was allowed t do whatever I wanted In light ofthePresident'spublic statements following Cohen's guilty plea that he “decided do notto the project," this Office again sought information from the President about whether he participated in any discussions aboutthe project being abandoned orno longer pursued,including When he“decided notto do the project," who he spoketo aboutthat decision, and what motivated "8 Writen ResponsesofDonald J Trump (Nov. 20,2018), at 15 (Response to Question Il, Parts (@) trough (@) "1 Cohen infomation; Cohon 8721/18 Transcript. "2 plea Agreementat4, UnitedStates v. Michael Cohen,1:18In Sper»: United States, 564 US. , 1S 2011, the Supreme Court substantially abandoned -Rogay’s reading ofthe residualclase, and in Johnson»: UnitedStates,135 8, Ct.2551 (2018), the Court lnvalidated the residual clauseas unconsttuonally vague. Begays analysis ofthe word “otherwise”is thus of limited value 162 US. DepartmentofJustice or Moy- Heteeted ‘commencementor conductofproceeding, and notjust to acts that make evidence unavailable or impair its integrity. Section 1512(c)(2)'sbreadth is reinforced bythe similarity ofits language tothe omnibus clause of 18 U.S.C.§ 1508, which covers anyone who “corruptly . obstructs, or impedes, ot endeavors to influence, obstruct, or impede, the due administration ofjustice.” That clause of Section 1508 follows two morespecific clauses that protectjurors,judges, and court officers. The ‘omnibus clause has nevertheless been construed to be “ar more general in scope than the earlier clauses ofthe statute.” UnitedStates v. Aguila, $15 US, $93, 399 (1995). “The omnibus clause is essentially @ catch-all provision which generally prohibits conductthat interferes withthe due ‘administrationofjustice." UnitedStaesv. Brenson, 104 F-3d 1267, 1275(11th Cir, 1997). Courts have accordingly given it a“non-restrctive reading." UnitedStaesv. Kumar, 617 F.3d 612, 620, (2d Cit. 2010); i at 620.7 (collecting cases from theThird, Fourth, Sixth, Seventh, and Eleventh CCireuits), Asone court has explained,the omnibus lause “prohibits ets that are similar in result, rather than manner, to the conduct described in the first part of the statute.” United States v. Howard, 569 F.2d 1331, 1333 (Sth Cir. 1978). While the specific clauses “forbid certain means ‘of obstructingjustice the omnibus clause aims at obstruction ofjusticeitself, regardless ofthe ‘means use to reach tharesult." 1d. (collecting cases). Given thesimilarity ofSection 1512(€)2) to Section 1503's omnibus clause, Congress would haveexpected Section 1512(c)(2)to coveracts that produced similar result to the evidence-impairmentprovisions—i. theresult ofobstructing justice—rather than covering only acts that were similar in manner. Read this way, Section 1512(@)(2)serves a distinet function in the federal obstruction-of-justice statutes: it eaptures corrupt conduct, other than document destruction, that has the natural tendency to obstruct contemplated as well as pending proceedings. Section 1512(c)2) overlaps with other obstruction statutes,but it does not render them superfluous. Section 1503, for example, which covers pending grand jury and judicial proceedings, and Section 1505, which covers pending administrative and congressional reach “endeavors to influence, obstruct, orimpede” the proceedings—a broadertest proceedings, far inchoateviolations than Section 1512(6)(2)'s “attempt” standard, which requires a substantial step towardsa completed offense, See United Staesv, Sampson, 898 F.3d 287, 302 (24 Ci. 2018) C[E}fforts to witness tamper that rise tothe level ofan ‘endeavor’ yet fall short ofan ‘aternpt” cannot be prosecuted under § 1512."); United States v. Leisure, 844 F.2d 1347, 1366-1367 (8th Cit, 1988)(collecting cases recognizing the difference between the “endeavor” and “attempt” standards). And 18 US.C. § 1519, which prohibits destruction of documents or records in ‘contemplation of an investigation or proceeding, does not require the “nexus” showing under Aguilar, which Section 1512(€)2) demands. See, e.g, United States v. Yielding, 657 F.3d 688, 712 th Cir. 2011) (The requisite knowledge andintent [underSection 1519] canbe presenteven if the accused lacks knowledge that heislikely to sueceed in obstructing the mattr."); United States. Gray, 642 F.3d 371, 376-377 (24 Cir. 2011) (*{l]n enacting § 1519, Congressrejected ‘any requirement tha the government prove a link between adefendant's eonduet and animminent ‘or pending official proceeding.”). The existence ofeven “substantial”overlap isnot “uncommon” in eriminalstatutes. Loughrin, $73 U.S. a 359 nA; see Shaw, 1378. Ct at 458-469; Aguilar, 515 US. at 616 (Scalia J, dissenting) (“The fact that there is now some overlap between § 1503 and is no mote intolerable than the fact that there some overlap between the omnibus clause § 1512 ‘of § 1503 and the other provisions of § 1503 itself). But given that Seetions 1503, 1505,and 163 US. Department ofJustice Attomey-SWork: ! Protected-tinder Materil Grim-Pfe} 1519 each reach conductthat Section 1512(c)2) does not, the overlap provides noreasonto give Section 1512(6)() anartificially limited construction. See Shaw, 137 8, Ct at 469." 3. The Legislative History ofSection 1512(¢}2) Does Not Justify Narrowing Its Tew “Given the straightforward statutory command”in Section 1$12(e)(2),“there is no reason to resort to legislative history.” UnitedStates v. Gonzales, 520 US. 1, 6(1997). Inany event, the legislative history ofSection 1512(¢)2)is nota reason to impose extratextual limitations on its reach. ‘Congress enacted Section 1512(c)(2) aspart the Sarbanes-Oxley Act of2002, Pub. L. No. 107-204, Tit. XI, § 1102, 116 Stat. 807. ‘The relevant section of the statute was entitled “Tampering with a Record or Otherwise Impeding an Official Proceeding.” 16 Stat. 807 (mphasis added). That ttle indicates that Congress intended the two clauses to haveindependent effect, Section 1512(e)was added asa floor amendment inthe Senate and explained asclosinga certain “loophole” with respectto “document shredding.” See 148 Cong. Rec. S6545 (uly 10, 2002) (Sen. Lott); id. at S6549-S6550 (Sen. Hatch). But those explanationsdonot limit the enacted text. See Pitsion Coal Group v. Sebben, 488 U.S. 10S, 115 (1988) (“I]t is not the law that a statute can have no effects which are notexplicitly mentioned in its legislative history.”);see also Encino Motorears, LLC y. Navarro, 138 S. Ct. 1134, 1143 (2018) (“Even if Congress did not foresee all ofthe applications ofthe statue, that is no reason notto give the statutory text a fair reading."). The floor statements thus eannot detractfrom the meaning ofthe enacted text. See Barnhart». Sigmon Coal Co., $34 US. 438, 457 (2002) (“Floor statements from two Senators cannot amend the clear and unambiguous language ofastatute. We see no reasonto give preater weight to the views of two Senators than to the collective votes of both Houses, which are ‘memorialized in the unambiguous statutory tex."), That principle has particular foree where one ofthe proponents ofthe amendment to Section 1512 introduced his remarks as only “briefly elaborating} on some of the specific provisions contained in this bill” 148 Cong, Rec. $6550 (Sen. Hateh). Indeed, the language Congress used in Section 1512(6)(2)—prohibiting “corruptly obstructing], influene{ing}, or impedfing] any official proceeding” or attempting to do so— parallels a provision that Congress considered years earlier in a bill designed to strengthen protections against witnes tamperingand obstruction ofjustice. Whilethe earlierprovisionis not ‘direct antecedent ofSection 1512(€)(2), Congress's understanding of the broad scope of the "88 The Supreme Cou’ decisionin Marinellov. UnitedState, 138 S.Ct 1101 2018), des not support imposing a non-extal imitation on Section 1512(€\2). Marinllo interpreted te ax ostucton ‘Satute, 26 US. § 7212(a), to require ‘nexus’ between the defendants conduct and a particular ‘administrative proceeding.” dat 1109. "The Court adopted that construction in light ofthesimilar interpretationgiven to “ether odstuetion provisions, id (citing Aguilar andArthurAndersen, as well laws, fir warning,and eit, ‘considerationsofcontext, legislative history, structure ofthecriminal 41106-1108. The type of"nexuseloment the Court adoptedin Marinelloaieady applies under Section 1512(6\(), andthe remaining considerations the Court ited do notjustify readinginto Section 1512(0\2) language thatisnt there, See Bate. UnitedStates, 522 U.S. 23,2 (1997)(the Court ordinarily resists] reading words oelements ino statue tatdo nat appearon its fic." 164 USS. Department ofJustice Work//Protected carler provision is instructive. Recognizing that“the proper administration ofjustice may be impeded orthwarted”by a “variety ofeorrupt methods... limited only by the imagination ofthe criminally inclined,” S. Rep. No. 532, 97th Cong., 2d Sess. 17-18 (1982), Congress considered a Bill that would have amended Section 1512 by making ita erime, inter alia, when a person “corruptly... influences, obstructs,or impedes..the enforcementand prosecution offederal law,” “administration ofa law under which an official proceeding is being or may be conducted,” ‘oF the “exercise of« Federallegislative power ofinquiry.” 1d. at 17-19 (quoting 8. 2420). The Senate Committe explained that: [ihe purpose of preventing an obstruction of or miscarriage ofjustice cannot be fully tarred out by a simple enumeration of the commonly prosecuted obstruction offenses. ‘There must also be protection against the rare type ofconductthatis the product ofthe inventive eriminal mind and which also thwarts justice. 1d, at 18, The report gave examples ofconduct “actually prosecuted under the current residual clause [in 18 U.S.C, § 1503], which would probably not be covered in this series [of provisions] without a residual clause.” Ve. One prominent example was “[a] conspiracy to cover up the ‘Watergate burglary and its aftermath by having the CentralIntelligence Ageney seck to interfere with an ongoing FBIinvestigation ofthe burglary.” Id. citing United Stares . Haldeman, 559 F.2d 31 (D.C. Cir. 1976)). The report therefore indicates a congressional awareness not onlythat residual-clause language resembling Section 15122) broadly covers a wide variety of obstructive conduct, but also that such language reaches the improper use of governmental processes to obstruct justice—specifically,the Watergate cover-up orchestrated by White House officialsincluding the President himself. See Haldeman, 559 F.3d at 51,86-87, 120-129, 162." 4, General Principles of Statutory Construction Do Not Suagest That Seetion 2) Inapplicable to the Conductin Investigation The requirement of fair warning in criminal law, the interest in avoiding due process ‘concemsin potentially vague statutes,andtherule oflenity do not justify narrowing the reach of Section 1512(c)2)'s text." 1. As with other criminallaws, the Supreme Court has “exercised restraint” in interpreting ‘obstruction-ofjustice provisions, both outofrespectfor Congress's rolein defining erimesand in the interest of providing individuals with “fair warning” of what a criminal statute prohibits. Marinello . United Staes, 138 8. Ct. 101, 1106 (2018); Arthur Andersen, 544 US. at 703; TO" The Senate wlimately accepted the House version ofthe bill, which excluded an amnibus clause. See United States v. Poindesor, 951 F.2d 369, 382-383 (D.C Cit 1991(acing history ofthe proposed omnibus provision inthe witnes-potetion legislation). During the oor debate on the bi Senator Heinz, ne oftheiiators and primary backers othe legislation, expandthattheomnibus cause of the witness-protection measure at issue and Iikely “duplicative” of other was beyond the scope ‘bstractonlaws, 128 Cong, Rec, 26,810 (1982) (Sen. Heinz), presumably refering to Sections 1503 and 1505, "Inaseparate section addressingconsiderations unique to thepresideney, we consider priniples ofstatutory constriction relevantin that context. See VolumeI, Section II.B.L, infra 165 US. Department ofJustice osc BretMay- Brseeted Aguilar, $15 US. at 599-602, In severalobstructioncases, the Court has imposed a nexus test that ‘equiresthathe wrongful conduct targeted bythe provision be sufficiently connectedto an official proceeding to ensure the requisite eulpebilty. Marinello, 138 S. Ct at 1109; Arthur Andersen, 544 U.S. at 707-708; Aguilar, 515 USS. at 600-602, Section 1512(6)(2) has been interpreted 10 require similar nexus. See, eg, United States v- Young, 916 F-3d 368, 386 (4th Cir. 2019); United States v, Petruk, 781 34 438, 445 (8h Cir. 2015); United States v. Philips, 583 F.3d 1261, 1264 (10th Ci. 2009); UnitedStates v. Reich, 479 F-3d 179,186 (2d Ci. 2007). Tosatisfy the nexus requirement, the government must show as an objective matter that a defendantacted ‘manner that is likely toobstructjustice,” suchthat the statute “excludes defendants who have an evil purpose but use means that would only unnaturally and improbably be successful.” ‘Aguilar, 515 US. at 601-602 (intemal quotation marks omitted); see id. at $99 (‘the endeavor ‘must have the natural and probable effect ofinterfering with the due administration ofjustice”) (internal quotation marks omitted). The government must also show as a subjective matter that the actor “contemplated a particular, foreseeable proceeding” Peirut, 781 F.3d at 445. Those requirements alleviate faie-warning concems by ensuring that obstructive conducthas a close enough connection to existing or future proceedings to implicate the dangers targeted by the obstruction laws and thatthe individual actually hasthe obstructive result in mind, 'b. Courts also seek toconstrucstatutes to avoid due process vagueness concerns. See, MeDonnellv, UnitedStates, 136 8. Ct. 2355, 2373 2016); Skilling v. UnitedStates, 61 US. 358, 368, 402-404 (2010). Vagueness doctrine requiresthat a statute definea crime “with sufficient ‘efiniteness thatordinary people ean understand whatconduct is prohibited” and "in a mannerthat does nat encourage arbitrary and discriminatory enforcement.” Id. at 402-403 (internal quotation ‘marks omitted), The obstruction statutes’ requirement ofacting “eorruplly”satisfies that test “Acting ‘corruptly’ within the meaning of § 1512(@)(2) means acting with an improper purpose and to engage in conduct knowingly and dishonesty with the specific intent to subvert, impede or obstruct” the relevant proceeding. United States v. Gordon, 710 F.3d 1124, 1151 (10th Cir, 2013) (some quotation marks omitted). ‘The majority opinion in Aguilar did not address the defendant's vagueness challenge tothe word “corruptly,” $15 US. at 600 n. 1, but Justice Scalia’s separate opinion did reach that issueand would have rejected the challenge, i. at 616-617 (Scalia, J, joined by Kennedy and Thomas, JJ, concurring in part and dissenting in part). “Statutory language need not be colloquial," Justice Seal explained, and “the term ‘corruptly’in eriminal laws hasa longstanding end well-accepted meaning. It denotes an act done with an intent o give some advantage inconsistent with official duty and the rights ofothers.” Jd. at 616 (Internat {quotation marks omitted;citing lower court authority and legal dictionaries). Justice Scalia added that the context of obstructing jury proceedings, any claim ofignorance of wrongdoing is incredible” Id. at 617, Lower courts have also rejected vagueness challenges to the word “corruptly.” See, e.., UnitedStates v, Edwards, 869 F.3d 490, 501-502 (7th 2017); United States v. Brenson, 104 F.3d 1267, 1280-1281 (I1th Cie. 1997); UnitedSites v. Howard, 569 F.2d 1331, 1336 n.9 (Sth Cie. 1978). This well-established intentstandard precludes the need to limit the obstruction statuesto only certain kindsofinherently wrongfulconduct." °8 in United States v.Poinderter, 981 F.2d 369 (D.C. Cit, 1991, the court ofappealsfound the term “conruply” in IB U.S.C. § 1505 vague as applied to a person who provided false information 10 Congress. After suggestingthatthe word "crruplly”was vague onis face, 951 F.2d at 378, the cour 166 US. Department ofJustice Work roc Meterieretected «. Finally, the rule oflenity doesnotjustify treating Section 1512(c)2)as a prohibition on evidence impairment, as opposed to an omnibus clause. The rule oflenity is an interpretive principle that resolves ambiguity in criminal laws in favor of the less-severe construction, Clevelandv. UnitedStates, 831 US. 12,25 (2000). “[AJs[the Court has]repeatedly emphasized,” however,the rule of lenity applies onlyif, after considering text,structure, history and purpose, ‘there remains a grievous ambiguity or uncertainty inthe statue such thatthe Court must simply ‘guess as to what Congress intended.” Abramskiv. United Staes, 573 U.S. 169, 188 n.10 (2014) (internal quotation marks omitted). The rule has been cited, for example,in adopting a narrow ‘meaning of“tangible object” in anobstruction statute whenthe prohibition’s title,history,and lst ‘of prohibited acts indicated a focus on destruction ofrecords. See Yates v. United Sates, 135 S, Ct. 1074, 1088 2015) (plurality opinion) (interpreting “tangible object” in the phrase “record, document, of tangible object” 18 U.S.C. § 1519 to mean an item capable of recording or preserving information). Here, asdiscussed above, the tex, structure, and history of Section 1512(@)2) leaves no “grievous ambiguity” about the statue's meaning. Section 1512(€)2) definesa structurally independent general prohibition on obstructionofofficial proceedings, 5, Other Obstruction Statutes Might Apply to th is Investigation Regardless whether Section 1512((2) covers all corrupt acts that obstruct,influence, or impede pending or contemplated proceedings, other statutes would apply to such conduct in pending proceedings, provided thatthe remaining statutory elements are satisfied. As discussed above,the omnibus clause 18 U.S.C. § 1503(a) applies generally to obstruction of pending Jjudicialand grand proceedings." See Aguilar, 515 U.S. at 598 (noting that the clause is “far more general scope”than preceding provisions), Section 1503(a)’s protections extend to ‘witness tampering and to other obstructive conduct that has a nexusto pending proceedings. See Sampson, 898 F.3d at 298-303 & n.6 (collecting cass from eightcircuits holding that Section 1503 covers witness-elated obstructive conduct, and cabining prior circuit authority). And Section 1505broadly criminalizesobstructive conductaimed at pending agency and congressional proceedings."See, e.., United States v. Rainey, 997 F.3d 234, 241-247 (Sth Ci. 2014). ‘concluded thatthe statute did nat clearly aly’ to corupt conductby the person himself andthe “core” ‘onde towhich Seeion 1505 could eonstitationaly be applied was one personinfluencinganother person to violate legaldiy. 1d. at 379-386, Congress later enacted provision overturning that result by ‘providing that “fas used in (Section 1505, the term "corruptly" mens ating with an improper purpose, personally orby influencing another,including by making a false or misleading statement, or withholding, ‘concealing, altering,or destroying a documentor other information.” 18 U-.C. § 15150). Other courts have declined to follow Poindexter einer by limiting tte Section 1508 and the specific conducttissue in that catese Brenson, 108 F-34 at 1280-1281; reading tas nartowlylimited to cetin types ofconduc, 00 United Sater. Morrison, 98 .34619, 629-630(D.C. Cit. 1996);or by noting thati predated Arthur Andersen’interpretation ofthe term “eorruply,” see Edwards, 869 F 3at SO-S02 "Section 1503() provides for erminalpunishment of Whoever... corruptly or by threats or force, oF by any threatening letter or communication, iniuencs, abstracts, oimpedes, or endeavors fo influence, obstruct, of impede, the die administrationofjustice. "Section 1505provides forcriminal punishmentof 167 US. DepartmentofJustice Wor !Brtected Finally, 18 USC. § 1512(6}G) eriminalizes tampering with witnesses to prevent the communication ofinformation about a crime to law enforcement, The nexus inquiry articulated in Aguilar—that anindividual has “knowledge that his actions are likely to affect the judicial proceeding.” 515 US. at $99—does notapply to Section 1512(6)3). See UnitedStates v. Byrne, 4435F.3d 16,24-25(Ist Ci. 2006). The nexusinquiry turnsinstead on the actors intent o prevent ‘communicationsto federallaw enforcement official. See Fowler v. United States, 63 U.S, 668, 673-678 (2011), In sum, in light ofthe breadth ofSection 1512(6)(2) and the other obstruction statutes, an argument thatthe conduct at issue inthis investigation falls outside the scope of the obstruction lawslacks merit, B. Constitutional Defenses to Applying Obstruction-Of-Justice Statutes to Presidential Conduct “The Presidenthas broaddiscretion to directcriminalinvestigations. The Constitution vests the “executive Power”inthe President and enjoinshim to “take Care thatthe Lawsbe faithfully executed.” U.S. CONST. ARTE, §§ 1, 3. Those powers and duties form the foundation of prosecutorial disretion. See United States v. Armstrong, 517 U.S. 456, 464 (1996) (Attorney Generaland United States Attorneys “havethis latitude because they are designated by statute as the Presidents delegates to help him discharge his constitutionalresponsibilty to “take Care that the Lawsbe faithfully executed."). ‘The Presidentalso has authority to appoint officers of the United Statesand to remove those whom hehas appointed. U.S. CONST. ARTI, §2, 2 (granting authority to the President to appoint all officers withthe advice and consent ofthe Senate,but providing that Congress may vest the appointmentofinferior officers inthe President alone,the heads of departments, ofthe courts oflaw); see also Free Enterprise Fund v. Public Company ‘Accounting Oversight Board, $61 US. 477, 492-493, 509 (2010) (deseribing removal authority as flowing from the Presidents “responsibility to take care thatthe laws be faithfully executed”), ‘Although the Presidenthas broad authority under Article I, that authority coexists with Congress's Article I power 10 enact laws that protect congressional proceedings, federal investigations, the courts, and grand juries against corrupt efforts to undermine their Function. Usually, those constitutional powers function in harmony, with the President enforcing the criminal laws under Article Ilo protectagainst corrupt obstructive acs. But when the President's official actions come into conflict with the prohibitions in the obstruction statutes, any constitutional tension is reconciled through separation-of:powers analysis. ‘Whoever corruptly... influencesobstructs, or impodes orendeavors to influence, obstruct, or impede the duand proper administrationofthe law underwhich any pending proceedingis being had before any department or agency ofthe United States, or the due {nd proper exercise ofthe power ofinquiry under which any inquiry orinvestigation being habyeitherHouse, or any commie ofeither House oranyjointcommitteeofthe Congres 168 U.S. Department ofJustice Mork // Protected-inder ‘The President's counsel has argued that “the Presidents exercise of his constitutional ‘authority... to terminate an FBI Directorand to close investigations... cannot constitutionally ‘constitute obstruction ofjustie."!% As noted above, no Department of Justice position or Supreme Court precedent directly resolved this issue. We did not find counsel's contention, however,to accord with our reading of the Supreme Court authority addressing separation-ofpowers issues, Applying the Court's framework for analysis, we concluded that Congress ean validly regulate the President'sexercise ofoffical duties to prohibit ations motivated bya corrupt intent to obstructjustice, Thelimited effecton presidentalpower that results from that restriction ‘would nat impermissibly underminethe President's ability o perform his Article Il functions. 1, The Requirement of a Clear Stat tutes to Presidential ‘Conduet Does Not Limit the Obstruction Statutes Before addressing Article Mt issues direetly, we consider one threshold statutoryconstruction principle that i unique tothe presidency: “The principle that generalstatutes must be read as notapplyingtothe President if they do not expressly apply where application would arguably limit the President's constitutional role." OLC, Application of 28 USC. §458 10 Presidential Appointments of Federal Judges, 19 Op. OL-C. 350, 352 (1995). This “clear statement rule,” id, ha its sourcein two prineiples: statutes should be eonstrued toavoid serious constitutional questions, and Congress should not be assumed to have altered the constitutional separation of powers without clea assurance thatit intended that result. OLC, The Constiaional Separation ofPowers Between the Presidentand Congress, 0 Op. 0.1.C. 124, 178 (1996). ‘The Supreme Court has applied tht clear-statementrule in several cases. In oneleading case, the Court construed the Administrative Procedure Act, $ US.C. § 701 ef seq., not to apply to judicial reviewofpresidential action. Franklin , Massachusetts, 505 U.S. 788, 800-801 (1992), ‘The Court explained that it “would require an expressstatement by Congress before assuming it intended the President's performance ofhis statutoryduties to be reviewedfor abuse ofdiscretion.” 1d. a 801. In another case,the Court interpreted the word “utilized” in the Federal Advisory Committee Act (FACA), 5 US.C. App. to apply only to the use of advisory committees established directly or indirectly by the government, thereby excluding the American Bar "Association'sadviceto the Departmentoflustice aboutfederaljudicialcandidates. Publie Citizen ». UnitedStates Department ofJustice, 491 U.S. 440, 455, 462-467 (1989). The Court explained ‘that a broaderinterpretation oftheterm “utilized”in FACA would raise serious questions wiether the statute “infinged unduly onthe President's ArticleI power to nominate federal judges and violated the docteine of separation of powers." Id, at 466-467. Another case found that an ‘established canon ofstatutory construction applied with “special force”to provisions that would impinge on the President's foreign-affirs powers ifconstrued broadly. Sale v. Haitian Centers Council, 509 U.S. 155, 188 (1993) (applying the presumption against extraterritorial application tw construe the Refugee Actof 1980 asnot governingin an overseas context where it could affect “foreign and military afairs for which the President has unique responsibilty”). See Application 623/17 Letter, Presidents Personal Counsel to Special Counsel's Office, at 2m. 1 169 US. Department ofJustice Moric Bend! Pretest of28 USC. § 458 10 Presidential AppointmentsofFederal Judges, 19 Op. O:L.C. at 353-354 (iseussing Frantlin, Public Citizen, and Sale. ‘The Department ofJustice has elied on this clear-statement prinsiple to interpret certain stautes a8 not applying othe Presidenta all, smilrto the approach taken in Franklin. Se, et Memorandum for Richard T, Burress, Office ofthe President, from Laurence H. Silberman, Deputy Attorney General, Re: Confer of Inerest Problems Arising out of the President's Amendment to ‘Nomination ofNelson A. Rockefeller tobe Vice President underthe Twenty-Fifth US.C. § 208, 18 statute, rest (riminalcnflict-ote 1974) 28, (Aug. 2,5 at Consintion, the to certain apply oto text statutory interpret does not apply tothe President). OtherOL opinions of28 USC. presidential or executive actions becauseofconstitutional eoncems. See Application § 458 to Presidential Appointments ofFederal Judges, 19 Op. O1.C.at 350357 (consanguinity limitations on court appoinmens, 28 USC. § 458, found inapplicable to “presidential appointments ofjudges tothe federal judiciary"); Consrains Imposed by 18 USC. § 1913 on funds ‘Lobbying Efforts, '3 Op. 0.L.C. 300,304-306 (1989) (limitation onthe use ofappropriated and President the y b communications certain to inapplicable found lobbyingprograms cerain for executive official), But OLC hasalso recognized that this clearstatement rule “does not apply with respect 0 4 statutethat raisesno separation ofpowers questions were it to be applied tothe Presiden,”such asthe federal bribery statute, 18 US.C. § 201. Application of 28 US.C. § 458 10 Presidential AppointmentsofFederal Judges, 19 Op. O.L-C. at 357 n.11. OLC explained that “application ‘of § 201 raises no separation of powers question, let alone a serious one,” because [t]he ‘Constitution confersno powerinthe President to receive bribes.”Jd. In supportofthatconclusion, ‘OLC noted constitutional provisions that forbid increases inthe President's compensation while in office, “which is what a bribe would funetion to do," i. (citing U.S. CONST. ART. IL § I, el. 7), andthe express constitutional power of“Congress to impeach[and convict] a President fr, inter aliabribery,” i. (citing U.S. CONST. ARF TL, § 4. Under OLC's analysis, Congress ean permissibly criminalize certain obstructive conduct by the President, such as suboning perjury, intimidating witnesses, or fabricating evidence, because those prohibitionrise no sepaation-of-powers questions. See Application of28 U.S.C. $458 to Presidential Appointments of Federal Judges, 19 Op. OL.C. at 357 n.11. The Constitution does not authorizethe Presidentto engage in such conduct, and those actions would transgressthe President'sduty to “take Care thatthe Laws befaithfully executed.” USS. CoNsr, ARTI, §§ 3. In view of those cleatly permissible applications of the obstruction statutes to the President, Franklin's holding that the Presidentisentirely excluded from a statute absent a clear statement would not applyin this context. ‘A more limited application ofaclear-statementre to exclude from theobstruction statutes actsby the President—for example,removing prosecutors or ending investigations certain only Tor corrupt reasons—would be difficult to implement as a matterof statutory interpretation. tis rot obvious how a clearstatement rule would apply to an omnibus provision like Section 1512(@)() to exclude corruptly motivated obstructive acs only when carried out in the President's conduct ofoffice, No statulory term could easly bear that specialized meaning. Forexample,the ‘word “corruptly”has a well-established meaning thatdoesnot exclude exercisesof offical power for cortupt ends, Indeed, an established definition states that “cotruptiy” means action with an 170 US. Department ofJustice Wore Marretevted nent to secure an improper advantage “inconsistentwith official duy and the vights ofothers.” [BALLENTINE'S LAW DICTIONARY 276 (3d ed. 1969)(emphasis added). And it would be contrary to ondinary rules ofstatutory constuction to adopt an unconventionalmeaning ofa statutory term conly when applied to the President. See United Staes v. Santos, $53 US. 507, 522 (2008) (plurality opinion ofScalia, J.) (rejecting proposal to “givf]the same word, in the same statutory provision, different meanings indifferentfactual contexts"); cf: Public Citizen, 491 USS. at 4624467 (givingtheterm “utilized”in the FACA a uniform meaning to avoid constitutionalquestions). Nor could such an exclusion draw on a separate and established background interpretive ‘presumption, such asthe presumption agains extraterritriality applied in Sale. Theprinciple that ‘courts will construe a statue to avoid serious constitutional questions “is not a license forthe judiciary to rewrite language enacted by the legislature." Salinas v. United States, 22 USS. 52, 59-60 (1997). “It is one thing to acknowledge and accept well defined (or even newly enunciated), generally applicable, background principles ofassumed legislative intent. Iti quite another to espouse the broad propositionthat criminal statutes do not have to be read as broadly as theyare written,but are subjectto ease-by-case exceptions.” Brogan v. United States, 522 USS. 398, 406 (1998). ‘When a proposed construction “wouldthus funetion as an extra-extual limit on a statute's} ‘compass”thereby preventingte statute “from applying to a host ofcass falling within its clear terms," Loughrin, 573 U.S. at 357, itis doubtfulthatthe construction would reflect Congress’s intent. Thais particulary so wit respect obstructionstatues, which “have been given a broad and all-inclusive meaning.” Rainey, 757 F3d-at 245 (discussing Seetions 1503 and 1505) (internal ‘quotation marks omitted). Accordingly, since no established principle of interpretation would ‘exclude the presidential conduct we have investigated from statutes such as Sections 1503, 150S, 1512(0), and 1512(@)@), we proceed to examine the separation-of-powers issues that could be raised as an Article I defense tothe application ofthose statutes. 2. ‘Separation-of-Powers Principle 1¢ Conclusion that Congress Mas Validly Prohibit Corrupt Obstructive i Through the President's Official ‘When Congress imposesa limitation on the exercise ofArticleII powers, the limitation’ validity depends on whetherthe measure “disrupts the balance between the coordinate branches.” ison v. AdministratorofGeneral Services, 433 U.S. 425, 443 (1977), “Even when a branch does not arrogate powerto itself... the separation-of-powers doctrine requires that a branch not impair another in the performanceofits constitutional duties.” Lovingv. United States, S17 US. 748, 757 (1996). The “separation of powers does not mean,” however,“thatthe branches ‘ought to have no partial agencyin, oF no controul aver the actsof each other." Clinton . Jones, $20 U.S, 681, 703 (1997)(quotingJames Madison, The Federalist No.47, pp.325-326 (J, Cooke ed. 1961) (emphasis omitted). In thiscontext, a balancing test applies fo assess separation-of-powersists, Applying that test here, we concluded that Congress can validly make obstruction-ofjustice stalutes applicable to corruptly motivated official acts of the President without impermissibly undermining his Article Il functions. m USS. DepartmentofJustice War May-Contai Breteeted 44, The Supreme Court's Separation-of-Powers Balancing Test Applies In This Context A congressionally imposedlimitation on presidential actionis assessed todetermine “he ‘extent to which it prevents the Executive Branch from accomplishingits constitutionallyassigned functions,” and, ifthe “potential for disruption present]... whether that impacti justified by an overriding need to promote objectives within the constitutional authority of Congress.” ‘Adminstrator ofGeneral Services, A¥3 US. at 443; see Nixon v. Fitzgerald, 457 US. 731,753 754 (1982); UnitedStats v. Nizon, 418 US. 683,70-707(1974). That balancing test applies to ‘congressional regulation ofpresidentalpower through the obstruction-of-justice laws.” When an Article I powerhas not been “explicitly assigned bythe text ofthe Constitution to be within the sole province ofthe President,butrather was thought to be encompassed within the general grant to the Presidentofthe “executive Power," the Court has balanced competing constitutional considerations. Public Citizen, 491 US. at 484 (Kennedy, J, concurring in the judgment,joined by Rehnquist, CJ, and O'Connor, J). As Justice Kennedy noted in Public Citizenthe Court has applied balancing testo restrictions on“the President's power to remove Executive officers, a power (that)... is not conferred by any explicit provision in the text ofthe Constitution (asi the appointment power), but ratheris inferred to bea necessary part ofthe grant ofthe ‘executive Power.” 1d. (cting Morrison v. Olson, 487 U.S, 654, 694 (1988), and Myers v. UnitedStates, 272 US. 82, 115-116 (1926)). Consistent with that statement, Morrison sustained. ‘8 good-cause limitation on the removal of an inferior officer with defined prosecutorial responsibilities after determining that the limitation did not impermissibly undermine the President's ability to perform his Article Il functions. 487 US. at 691-693, 695-696. The Court has also evaluated other general executive-powerclaimsthrough a balancing test. For example, the Court evaluate the President's claim ofan absolute privilege for presidentialcommunications about his official acts by balancing that interest against the Judicial Branch’s need for evidence in ‘criminal case, UnitedStates v. Nixon, supra (recognizinga qualified constitutional privilege for presidential communications on official matters). The Court hasalso upheld a law that provided for archival access to presidential records despitea claim ofabsolute presidentalprivilege ove the records. Administrator ofGeneral Services, 433 US. at 43-445, 451-455. The analysis in those eases supports applying a balancing test to assess the eonstitutionality of applying the obstruction-ofjustice statutes to presidentialexercisesofexecutive power. COnly ina few instances has the Court applied a different framework. When the President's poweris “both ‘exclusive’ and “conelusive’ on the issue," Congress is precluded from regulating its exercise. Zivotofily v, Kerry, 135 8, Ct. 2076, 2084 (20153). In Zivorofey,for example, the ‘Cour followed “Iustice Jackson'sfamiliartripartite framework” in Youngstown Sheet & Tube Co, Sawyer, 343 U.S, $79, 635-638 (1952)(Jackson,J, concurring), and held thatthe Presidents "7 OLC applied such«balancing tetin coneluding thatthe President isnot subject to eviminal prosceution while im office,relyingon many ofthe sameprecedents discussed inthis section. See A Sting President's Amenabiliy to Indicoment and Crininal Prosecution, 4 Op. O..C. 222, 233.238, 44-245 and Clinton . Jones, nd quoting (2000)lyingon, interaia, UnitedState v. Non, Nisonv. Fitzgerald applied in the tex). OLC that Nixon ¥. Service General of Administrator fom legalstandard the siting President is finingtata in on relied initally had analyse”it balancing tht"(se recognized fat 24, bytheCour.” ofanalysis mode adoptedastheappropriate “been prosecutionhad fom jimmie in US. Department ofJustice Mork Brodit Protected May-Conti Pe} authorityto recognize foreign nations is exclusive, 1d. at 2083, 2094. See also Public Citizen 491 USS. at485-486 (Kennedy,1, concurring in thejudgment) (citing the powerto grant pardons under USS. Cowst., ART. Il, §2, el. 1, and the Presentment Clauses for legislation, U.S. CONST., ART. I, §7, Cls. 2, 3, as examples ofexclusive presidental powers by virtue ofconstitutional txt). But even when a power is exclusive, “Congress’ powers,and its central role in making laws, give it substantial authority regarding many ofthe policy determinations that precede and follow” the Presidents act. Zivotofoly, 135 S.C, at 2087, Forexample, although the President's powerto grant pardons is exclusiveand notsubjectto congressional regulation,see United States +. Klein, 80 US. (13 Wall) 128, 147-148 (1872), Congress has theauthorityto prohibit the corrupt use of“anything ofvalue"to influence the testimony ofanother person inajudicial, congressional, for agency proceeding, 18 U.S.C. § 201(b\3)—which would include the offer or promise of a pardon to induce a person ta testify falsely or not to testify at al . The offer ofa pardon would precede the act ofpardoning and thus be within Congress's power to regulate even if the pardon itselfisnot. Just asthe Specch or Debate Clause, U.S. CONST, ART. § 6, cl.1, absolutely protects Iegislative acts,but nota legislators “taking or agreeing to take money for a promise to act in a certain way . fort is takingthe bribe, not performance ofthe ilieit compact, that i a criminal act,” United Stas v, Brewster, 408 US. $01, 526 (1972) (emphasis omitted),the promise of a pardon to corruptly influence testimony would not be a constitutionally immunized act. The pplication ofobstruction statutesto such promises therefore would raise no serious separation‘of-powers issue b. The Effect of Obstruction-of-Justce Statutes on the President's Capacity to Perform HisArticle IResponsibilitiesis Limited Underthe Supreme Couns balancing test for analyzing separation-of-powers issues, the first tasis to assess the degree to which applying obstruction-ofjusticestatutes to presidential actions affects the Presidents ability to cary out his Antcle Il responsibilities. Adminstrator of General Services, 433 US. at 443. Asdiscussed above, applying obstrution-of justice statutes topresidentialconductthat does not involve the President'sconduct ofoffice—such as influencing the testimony ofwitnesses—is constitutionally unproblematic. The President hasno more right than other citizensto impedeoficial proceedings by corruptly influencingwitness testimony. The ‘conduct would be equally improper whether effectuated through directefforts to produce false testimony or suppress the truth, or through the actual, threatened, or promised use of official powers fo achieve the same result The Presidents actionin curtailing criminal investigations or prosecutions, or discharging law enforcement offical, raisesdifferent questions. Each type ofaction involvesthe exercise of executive diseetion in furtherance ofthePresident's duty to “take Care that the Lawsbe faithfully executed.” U.S. CONST., ART. Il, § 3. Congress may not supplantthe President's exercise of executive power to supervise prosecutions or to remove officers who occupy law enforcement positions. See Bowsher v, Synar, 478 U.S. 714, 726-727 (1986) (“Congress cannot reserve for iself the power of removal of an officer charged with the execution of the laws except by impeachment... [Because thestructure ofthe Constitution does notpermit Congressto execute is the laws, . [this kind of congressional control over the exceution of the laws... constitutionally impermissible”). Yet the obstrction-of justice statutes donot aggrandize power in Congress or usurp executive authority. Instead, they impose a discrete limitation on conduct In US. Department ofJustice Wor May Mteriartieteeted ‘only when it is taken with the “corrupt” intent to obstruct justice. The obstruction statutes thus ‘would restrict presidentialaction only by prohibiting the Presidentffom acting to obstructofficial proceedings forthe improper purpose ofprotecting his own interests. See Volume Il, Section TILA, supra, ‘The directeffect on the President'sfreedom ofaction would correspondingly bea limited ‘one. A preclusion of“corrupt” official actionis nota majorintrusion on Article II powers. For ‘example,the proper supervision oferiminal law doesnot demandfreedom forthe Presidentto act ‘withtheintention of shielding himselffrom eriminal punishment, avoiding financial liability, or Preventing personal embarrassment. To the contrary, a statute that prohibits ficial action undertaken for such personal purposes furthers, ather than hindersthe impartial and evenhanded ‘administration of the law. And the Constitution does not mandate that the President have unfettered authority to direct investigations or prosecutions, with no limits whatsoever, inorder to ‘carry outhis Antile Ifunctions. See Heekler v. Chaney, 470 U.S. 821, 833 (1985) (‘Congress may limit an agency's exercise of enforcement powerifit wishes, either by setting substantive priorities, orby otherwise circumscribing an agency's powertodiseriminate amongissues oF cases it will pursue"; United States v, Nixon, 418 US. at 707 (tJo read the Art. II powers of the President as providing an absolute privilege {to withhold confidential communications from a ‘criminal tral... would upset the constitutionalbalance of‘a workable government’and gravely impair the role ofthe courts under At. IT). ‘Nor must the President have unfettered authorityto remove all Exeeutive Branch officials involved in the execution of the laws. ‘The Constitution establishes that Congress haslegislative authority to structure the Executive Branch by authorizing Congress to create executive ‘departments and officer postions and to specify how inferior officers are appointed. E.g., US. CONST. ART. I, § 8, cl. 18 (Necessary and Proper Clause); ART. Il, § 2, el. Opinions Clause); Ant Il, §2, 2 (Appointments Clause);see Free Enerprise Fund, 561 U.S, at 499, While the President'sremoval power isan importantmeans ofensuring that offices faithfully execute the law, Congress hasa recognized authority to place certain limits onremoval. Id. at 493-495. ‘The President's removal powers are at their zenith with respectto principalofficers—that is,officers who must be appointed by the President and who report to him directly. See Free Enterprise Fund, 561 US. at 493, $00, ‘The President's “exclusive and ilimitable power of removal” ofthose principalofficers furthers “the Presidents ability to ensure that the laws are faithfully executed.” 1d. at 493,498 (internal quotation marks omitted); Myers, 272 U.S. at 627, ‘Thus,“there arc some‘purely executive”officals who must be removable by the President at will ithe is able to accomplishhis constitutionalrole.” Morrison, 487 US. at 650; Myers, 272 U.S. at 134 (the President's “cabinet officers mustdohis wil," and“[i]he moment thathe loses confidence in the intelligence, ability,judgment, orloyalty of any one of them, he must have the power fo remove him without delay"); ef Humphrey's Executor v. United States, 295 US. 602 (1935) (Congress has the power to create independent agenciesheaded byprincipal officers removable ‘only for good cause), In light of those constitutional precedents, it may be that the obstruction statutes could not be constitutionally applied to limit the removal ofa cabinet officer such as the ‘Atorney General. See 5 USC. § 101; 28 US.C. § 503. In that context, at least absent circumstances showing that the President was clearly attempting to thwart accountability for personal conduct while evading ordinary political checks and balances, even the highly limited m4 US. Department ofJustice Werk May-ContainProtected Materil Fed regulation imposedbythe obstructionstatutes could possibly intrude too deeply on the President's freedom to select and supervise the members ofhis cabinet. ‘The removal ofinferiorofficersin contrast, need not necessarilybeat wil forthe President to fulfill his constitutionally assigned role in managing the Executive Branch. “(I]nferor officers are officers whose work is directed and supervised at some level by other officers appointed by the Presidentwith the Senate's consent.” Free Enterprise Fund, 61 U.S. at $10 (quoting Edmond United States, 520 US, 651, 663 (1997)) (internal quotation marks omitted). ‘The Supreme ‘Court has long recognized Congress's authority to placefor-cause limitations on the President's ‘removalof“inferiorOfficers" whoseappointment may be vested in the head ofa department. US. Const, ART. Il, § 2, el. 2. See United States v. Perkins, 116 USS. 483, 485 (1886) (“The ‘constitutionalauthority in Congress to thus vest the appointment [of inferior officers inthe heads ‘of departments] implies authority to limit, restrict, and regulate the removal by such laws as ‘Congress may enact in relation to the officers so appointed") (quoting lower court decision); ‘Morrison, 487 US, at 689 0.27(citing Perkins);accordid at 723-724 & n. (Scalia,J, dissenting) that Perkin is “established”law); se also Free Enterprise Fund, 561 U.S. at 493(recognizingPerkins 495(citing and Morrison). Thecategoryofinferiorofficers includes both the FBIDirector and the Special Counsel, each of whom reports to the Attomey General. See 28 US.C. §§ S09, 515(a), 531; 28 CFR. Part 600. Theit work is thus “directed and supervised” by a presidental appointed, Senate-confirmed officer. See In re: GrandJury Investigation, __ F.3d __, 2019 WL. 921692, at °3-"4 (D.C. Cir. Feb. 26, 2019)(holding thatthe Special Counsel isan “inferiorofficer” for constitutional purposes). ‘Where the Constitution permits Congress to imposea good-cause limitation onthe removal Branch officer,the Constitution should equally permit Congress to bar removal Executive an of for the corrupt purpose of obstructing justice. Limiting the-range of permissible reasons for removalto exclude a “corrupt” purpose imposes lesser restraint on the Presidentthan requiring an affirmative showing of good cause, It follows that for such inferior officers, Congress may constitutionally restrict the President's removal authority if that authority was exercised forthe corrupt purpose ofobstructingjustice. And evenif particular inferioroffice's position might be of such importance to the execution of the lawsthatthe President must have at-will removal authority, the obstruction-ofjustice statutes could stil be constitutionally applied to forbid removal for a corrupt reason" A narrow and diserete limitation on removalthat precluded corruptaction would eave ample room for all other consideration,including disagreement over policy or loss of confidence in the officer's judgment or commitment. A corrupt-purpose prohibition therefore would not undermine the President's ability to perform his Article I functions. Accordingly, because the separation-of-powers question is “whether the removal restrictions are of such a nature that they impede the President’s ability to perform his ‘constitutional duty,” Morrison, 487 U.S. at 691, a resrietion on removing an inferiorofficer for 8 "8 Although the FBI director isaninferiorofficer, he is appointedby the Presiden and removable by him at will, ee 28 USC. § $32 noe,anditis notclear that Congress coudconstitutionally provide the FFI director with good-eause tenure protection. See OLC, ConstitutionalofLegislation Extending the Term ofthe FBI Direcor, 2011 WL2566125,at*3 (OC. June 20,2011)enure protection foranoficer ‘with the FBIDiectr’s broad investigative,administrative, and policymaking responsibilities would raise «serious constitutional question whether Congress had "impede(d] the Presidents ability to perform his ‘onstittionalduty” to akecare tha thels be faithfully executed”) (quotingMorrison,487 US. a 691). 15 US. Department ofJustice Worle ! Bretected ‘corupt reason—a reason grounded in achieving personal rather than official ends—does not seriously hinder the President’ performance ofhis duties. The Presidentretains broad latitude to supervise investigations and remove officials, circumscribed in this context only by the requirementthat he notactfor eorrupt personalpurposes." 6 Congress Has Power to Protect Congressional, Grand Jury, and JudicialProceedings Against Corrupt ActsfromAny Source ‘Where a law imposes a burden on the President's performance of Anticle Il functions, separation-oF-powers analysis considers whether the statutory measure “is justified by an overriding need to promote objectives within the constitutional authority of Congress.” Administrator ofGeneral Services, 433 U.S. at 443, Here, Congress enacted the obstruction-ofjustice statutes to protect, among other things, the integrity ofits own proceedings, grand jury investigations, and federalcriminal trials. Those objectives are within Congress's authority and servestrong governmental interests. i, Congress has Article I authorityto define generally applicable criminal law and applyit to all persons—including the President. Congress clearly has authority to protect its own legislative functions against corrupt efforts designed to impede legitimate fact-gathering and lawmaking efforts, See Watkins v. United States, 354 U.S, 178, 187, 206-207 (1957); Chapman +, UnitedStates, § App. D.C. 122, 130 (1895). Congress also has authorityto establish a system ‘of federal courts, which inludes the power to protectthe judiciary against obstructive acts, See USS. CONST, ART. § 8, cls 9, 18 ("The Congress shall have Power To constitute Tribunals inferior to the supreme Court” and “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing powers"). The long lineage ofthe obstruction-oFjustice statutes, which can be traced to atleast 1831, attests fo the nevessity for that protection. See An Act Declaratory ofthe Law Concerning Contempts ofCourt, 4 Stat. 487-488 § 2 (1831) (making ita crime if*anyperson or persons shall corruptly... endeavor toinfluence, intimidate,or impede any juror,witness, of officer,in any court ofthe United States,in the discharge ofhis duty, or shall, corruptly obstruct, or impede, or endeavorto obstruct or impede, the due administration ofjustice therein”), ‘The Article TH courts have an equally strong interest in being protected against acts, obstructive whatevertheir source. As the Supreme Court explained in UnitedStates v. Nixon, ‘primary constitutional duty ofthe Judicial Branch”is “to dojustice in eriminal prosecutions.” 4IBUS. at 707; accord Cheney v. UnitedStates District Courtforthe District ofColumbia, 542 US. 367, 384 (2004). In Nikon, the Court rejected the President’claim of absolute executive privilege because “the allowance of the privilege to withhold evidence that is demonstrably "9" The obstruction statutes donot disqualify the residentfrom acting ina case simply because hh has a personal interestin it or becausehis owe conduct may be tissue. As the Departmentof Justice hs made cleat, claim of a conflict ofinteres, sanding alone, cannotdeprive the Presidentofthe ability to full his constintional function. See,eg, OLC, Application of 28 USC. § 458 to Presidential AppoinimensofFederal Judges, 19 O.1.C. Op. 386 (iting Memorandum for Richard T. Buress, Office “ofthe President, from Laurence H. Silberman, Deputy Atorney General, Re: ConicofInterest Problems “Avising out ofthe President's Nomination ofNelson A. Rockefeller tbe VicePresident under the Twent= ‘Fifth Amendment to the Contnon, a2, 5 (Aug, 28,197). 176 US. Department oflustice nic Martone breste relevantin a criminaltial would cutdeeply into the guarantee ofdue process of law and gravely impair the basic function of the courts.” 407 US. at 712. As Nixon illustrate, the need to ‘safeguard judicialintegrity is compelling constitutional interest. Se id. at 709 (noting thatthe denial offull disclosure ofthe facts surrounding relevant presidential communicationsthreatens “(the very integrity ofthe judicial system and public confidencein the system") iil, Finally, the grandjury cannot achieve itsconstitutionalpurpose absentprotection from ‘corrupt acts. Serious federal criminal charges generally reach the Article III coutbased on an indictment issued by a grand jury. Cobbledickv. United States, 309 U.S. 323, 327 (1940) (“The Constitution itself makesthe grand jury a part ofthe judicial process”). And the grand jury's function is enshrined in the Fifth Amendment. U.S. CONST. AMEND, V. (‘fo person shallbe held to answer”for serious erime “unless on a presentment or indietment ofa Grand Jury”). *[T]he ‘whole theory of [the grand jury's) function is that it belongs to no branch of the institutional government, serving as a kind of buffer or referee between the Government and the people,” UnitedStaesv. Williams, 504 US. 36, 47 (1992), “pledged to indict no one because of prejudice and to free no one because ofspecial favor.” Costello v. United States, 350 U.S. 359, 362 (1956), Ifthe grand jury were not protected against corruptinterference from all persons, is function as an independentcharging body would be thwarted. And an impartial grand jury investigation to determine whether probable cause exists to indict is vital to the eriminaljusticeprocess ‘The final stepin the constitutionalbalancing process is to assess whether the separationcof-powers doctrine permits Congress to take action within its constitutional authority notwithstanding the potential impact on Article Il functions. See Administrator of General Services, 433 U.S. 443; see also Morrison, 487 US. at691-693,695-696; United States w. Nixon, 418 US. at 711-712._ In the case ofthe obstruction-oFjustice statutes, our assessment of the weighing ofinterests leads us to conclude that Congresshas the authority to impose the limited restritionscontained in those statuteson the Presidents official eonduetto protect the integrity ‘of important functions ofother branches of government, {A general ban on corrupt action does not unduly intrude on the Presidents responsibility to“take Carethatthe Lawsbe faithfully executed.” U.S. Cowsr. ARTI, §§3.'%Tothe contrary, the concept of“aithful execution” connotesthe use ofpower inthe interest ofthe public,notin the office holder's personalinterests, See 1 Samuel Johnson, A Dictionary of the English Language 763 (1758) (*fithflly” de. 3: “w]ith strictadherence to duty and allegiance”). And immunizing the President from the generally applicable criminal prohibition against corrupt ‘obstruction of official proceedingswould seriously impair Congress's power fo enactlaws “to ‘promote objectives within [its] constitutionalauthority," Administrator ofGeneral Services, 433 US. at 425i, protecting the integrity oits own proceedings and the proceedings ofAmiteTT ‘courts and grandjuries. "As noted above, the President’selection and removalofprincipal executiveofficers may have ‘unique consiutionl status m US. Department ofJustice Moric May- Mterie-Brsectet Accordingly, based onthe analysis above, we were not persuaded by the argument that the President has blanket constitutional immunity to engage in acts that would corruptly obstruct justice through the exercise ofotherwise-valid Article II powers." 3 i her the President Violated the Obstruct ‘Not Chill his his Anticle Il Duties Applying the obstruction statutes to the President's official conduct would involve determining as a factual matter whetherhe engaged in an obstructive act, whether the act had a nexus to official proceedings, and whetherhe was motivated by corrupt intent. But applying those standards to the Presidents official conduct should not hinder his ability to perform his Article IL duties. Cf Nixon v. Fitzgerald, 457 U.S. at 752-753 & 0.32 (takinginto account chilling effect on the Presidentin adopting a constitutionalrule ofpresidential immunity from private civil damages action based on officialduties). Several safeguatds would preventa chilling effect: the existence ofsettled legal standards, the presumptionofregularityin prosecutorialactions, andthe existence ‘of evidentiary limitationson probing the President's motives. And historical experience confirms that noimpermissiblechill should exist, 4. As an initial matter, the tem “corruptly”sets a demanding standard. It requires a ‘concrete showing that a person acted with an intent to obtain an “improper advantage for {himself ‘or someone else,inconsistent with official duty and the rights of others.” BALLENTINE’S LAW DICTIONARY 276 (3d ed. 1969); see United States v. Pasha,797 F.3d 122, 1132 (D.C. Cir. 2015); Aguilar, 515 US. at 616 (Scalia J, concurring in part and dissenting in part). Thatstandard parallels the President'sconstitutionalobligation to ensure thefaithfulexecution of thelaws. And virtually everything that the President does in the routine conduct of office will have a clear ‘governmentalpurpose and will not be contrary to hisoficialduty. Accordingly,the President has ‘no reason tobechilled in those actions because,in virtuallyall instances, there will be no credible basisfor suspecting a corrupt personal motive. ‘That pointisillustrated by examples of conduct that would and would not satisfy the stringent conrupt-motive standard, Direct or indirectaction by the President to end a criminal investigation into his own or his family members’ conduct to protect against personal ‘embarrassment orlegallability would constitute a core example ofcorruptly motivated conduct. So too would action to halt an enforcement proceeding that directly and adversely affected the Presidents financialinterests for the purpose of protecting those interests. In those examples, "= possible remedy trough impeachment fr abuses ofpower would not substitute for potential