· 6 years ago · Apr 20, 2019, 02:12 AM
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8 U.S. Department of Justice At-1:effley Wet'k Pt'etlttet /I Ma:y CeHtttiH
9 Mat:ef'ittl Preteetetl UHtler Fee. R. Crim. P. 6(e) d. George Papadopoulos
10 Learns That Russia Has "Dirt" in the Form of Clinton Emails ....................
11 ........................................................................... 86
12 e. Russia-Related Communications With The Campaign
13 .................................... 89 f. Trump Campaign Knowledge of "Dirt"
14 ........................................................... 93 g. Additional
15 George Papadopoulos Contact..
16 ..................................................... 94 3. Carter Page ........
17 ................................................................................
18 .................... 9 5 a. Background .........................................
19 ............................................................. 96 b. Origins of
20 and Early Campaign Work
21 ............................................................. 97 c. Carter
22 Page's July 2016 Trip To Moscow
23 ........................................................ 98 d. Later Campaign
24 Work and Removal from the Campaign ............................. 102 4. Dimitri
25 Simes and the Center for the National Interest
26 ...................................... 103 a. CNI and Dimitri Simes Connect with
27 the Trump Campaign ......................... 103 b. National Interest Hosts a
28 Foreign Policy Speech at the Mayflower Hotel ...................................
29 ................................................................................
30 .. 105 c. Jeff Sessions's Post-Speech Interactions with CNI
31 ....................................... 107 d. Jared Kushner' s Continuing
32 Contacts with Simes ......................................... 108 5. June 9,
33 2016 Meeting at Trump Tower ..................................... ,
34 ......................... 110 a. Setting Up the June 9 Meeting
35 ....................................................................... 110 i.
36 Outreach to Donald Trump Jr
37 .................................................................. 110 ii.
38 Awareness of the Meeting Within the Campaign ...................................
39 114 b. TheEventsofJune9,2016
40 ............................................................................ 116
41 i. Arrangements for the Meeting
42 ................................................................ 116 ii. Conduct
43 of the Meeting
44 .......................................................................... 117
45 c. Post-June 9 Events ..........................................................
46 ............................... 120 6. Events at the Republican National
47 Convention .................................................. 123 a. Ambassador
48 Kislyak's Encounters with Senator Sessions and J.D. Gordon the Week of the RNC
49 ..................................................................... 123 b.
50 Change to Republican Party Platform
51 ............................................................ 124 7. Post-
52 Convention Contacts with Kislyak ................................ :
53 ............................ 127 a. Ambassador Kislyak Invites J.D. Gordon to
54 Breakfast at the Ambassador's Residence
55 .............................................................................
56 127 b. Senator Sessions's September 2016 Meeting with Ambassador Kislyak ......
57 127 8. Paul Manafort ...........................................................
58 ........................................... 129 a. Paul Manafort' s Ties to
59 Russia and Ukraine .................................................. 131 lll
60
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63PAGE: 6
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66
67 U.S. Department of Justice AtterAe~1 \\'erk Prea1::1et // Mft)1 CeHtttil'l
68 Material Preteetea UAaer Fea. R. Criffl. P. 6(e) B. Russian Hacking and Dumping
69 Operations .............................................................. 175 1.
70 Section 1030 Computer-Intrusion Conspiracy
71 .................................................... 175 a. Background .........
72 ................................................................................
73 ........... 175 b. Charging Decision As to ....... 176 2. Potential Section 1030
74 Violation By .............................. 179 C. Russian Government Outreach
75 and Contacts ............................................................. 180
76 1. Potential Coordination: Conspiracy and Collusion
77 ............................................. 180 2. Potential Coordination:
78 Foreign Agent Statutes (FARA and 18 U.S.C. ? 951). 181 a. Governing Law ........
79 ................................................................................
80 ....... 181 b. Application .....................................................
81 ................................................ 182 3. Campaign Finance .......
82 ................................................................................
83 ....... 183 a. Overview Of Governing Law
84 ......................................................................... 184 b.
85 Application to June 9 Trump Tower Meeting
86 ................................................ 185 i. Thing-of-Value Element
87 ......................................................................... 186
88 ii. Willfulness ................................................................
89 ............................. 187 iii. Difficulties in Valuing Promised
90 Information ...................................... 188 c. Application to
91 WikiLeaks 1.
92 ....................................................................... 189 ii.
93 Willfulness ....................................................................
94 ......................... 190 iii. Constitutional Considerations
95 ................................................................ 190 iv.
96 Analysis ....................................................................
97 190 4. False Statements and Obstruction of the Investigation
98 ....................................... 191 a. Overview Of Governing Law
99 ......................................................................... 191 b.
100 Application to Certain Individuals
101 ................................................................. 192 i. George
102 Papadopoulos
103 ..............................................................................
104 192 11.
105 .............................................................................
106 194 111. Michael Flynn .........................................................
107 .............................. 194 iv. Michael Cohen ...........................
108 ........................................................... 195 V.
109 ..............................................................................
110 196 vi. Jeff Sessions ..........................................................
111 ................................. 197 vii. Others Interviewed During the
112 Investigation ....................................... 198 V
113
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116PAGE: 18
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120 U.S. Department of Justice Atten'ley Werk Predttet /,' Ma:,? Cet'itaifl:
121 Mct1:erial Preteeted Uneer Fee. R. Criffl. P. 6Ee) I. THE SPECIAL COUNSEL'S
122 INVESTIGATION On May 17, 2017, Deputy Attorney General Rod J. Rosenstein-then
123 serving as Acting Attorney General for the Russia investigation following the
124 recusal of former Attorney General Jeff Sessions on March 2, 2016-appointed the
125 Special Counsel "to investigate Russian interference with the 2016 presidential
126 election and related matters." Office of the Deputy Att'y Gen., Order No.
127 3915-2017, Appointment of Special Counsel to Investigate Russian Interference
128 with the 2016 Presidential Election and Related Matters, May 17, 2017)
129 ("Appointment Order"). Relying on "the authority vested" in the Acting Attorney
130 General, "including 28 U.S.C. ?? 509, 510, and 515," the Acting Attorney General
131 ordered the appointment of a Special Counsel "in order to discharge [the Acting
132 Attorney General's] responsibility to provide supervision and management of the
133 Department of Justice, and to ensure a full and thorough investigation of the
134 Russian government's efforts to interfere in the 2016 presidential election."
135 Appointment Order (introduction). "The Special Counsel," the Order stated, "is
136 authorized to conduct the investigation confirmed by then-FBI Director James B.
137 Corney in testimony before the House Permanent Select Committee on Intelligence
138 on March 20, 2017," including: ' (i) any links and/or coordination between the
139 Russian government and individuals associated with the campaign of President
140 Donald Trump; and (ii) any matters that arose or may arise directly from the
141 investigation; and (iii) any other matters within the scope of 28 C.F.R. ?
142 600.4(a). Appointment Order ,r (b). Section 600.4 affords the Special Counsel
143 "the authority to investigate and prosecute federal crimes committed in the
144 course of, and with intent to interfere with, the Special Counsel's
145 investigation, such as perjury, obstruction of justice, destruction of evidence,
146 and intimidation of witnesses." 28 C.F.R. ? 600.4(a). The authority to
147 investigate "any matters that arose ... directly from the investigation,"
148 Appointment Order ,r (b)(ii), covers similar crimes that may have occurred
149 during the course of the FBI's confirmed investigation before the Special
150 Counsel's appointment. "If the Special Counsel believes it is necessary and
151 appropriate," the Order further provided, "the Special Counsel is authorized to
152 prosecute federal crimes arising from the investigation of these matters." Id.
153 ,r ( c ). Finally, the Acting Attorney General made applicable "Sections 600.4
154 through 600.10 of Title 28 of the Code of Federal Regulations." Id. ,r (d). The
155 Acting Attorney General further clarified the scope of the Special Counsel's
156 investigatory authority in two subsequent memoranda. A memorandum dated August
157 2, 2017, explained that the Appointment Order had been "worded categorically in
158 order to permit its public release without confirming specific investigations
159 involving specific individuals." It then confirmed that the Special Counsel had
160 been authorized since his appointment to investigate allegations that three
161 Trump campaign officials-Carter Page, Paul Manafort, and George
162 Papadopoulos-"committed a crime or crimes by colluding with Russian government
163 officials with respect to the Russian government's efforts to interfere with the
164 2016 presidential election." The memorandum also confirmed the Special Counsel's
165 authority to investigate certain other matters, including two additional sets of
166 allegations involving Manafort (crimes arising from payments he received from
167 the Ukrainian government and crimes arising from his receipt of loans 11
168
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174
175 U.S. Department of Justice Att:ert1ey Werk Predttet: // Ma~? Cet'tl:aiA Material
176 Pret:eet:ed Ut1der Fed. R. Criffl. P. 6(e) from a bank whose CEO was then
177 seeking a position in the Trump Administration); allegations that Papadopoulos
178 committed a crime or crimes by acting as an unregistered agent of the Israeli
179 government; and four sets of allegations involving Michael Flynn, the former
180 National Security Advisor to President Trump. On October 20, 2017, the Acting
181 Attorney General confirmed in a memorandum the Special Counsel's investigative
182 authority as to several individuals and entities. First, "as part of a full and
183 thorough investigation of the Russian government's efforts to interfere in the
184 2016 presidential election," the Special Counsel was authorized to investigate
185 "the pertinent activities of Michael Cohen, Richard Gates, , Roger Stone, and I"
186 "Confirmation of the authorization to investigate such individuals," the
187 memorandum stressed, "does not suggest that the Special Counsel has made a
188 determination that any of them has committed a crime." Second, with respect to
189 Michael Cohen, the memorandum recognized the Special Counsel's authority to
190 investigate "leads relate[d] to Cohen's establishment and use of Essential
191 Consultants LLC to, inter alia, receive funds from Russian-backed entities."
192 Third, the memorandum memorialized the Special Counsel's authority to
193 investigate individuals and entities who were possibly engaged in "jointly
194 undertaken activity" with existing subjects of the investigation, including Paul
195 Manafort. Finally, the memorandum described an FBI investigation opened before
196 the Special Counsel's appointment into "allegations that [then-Attorney General
197 Jeff Sessions] made false statements to the United States Senate[,]" and
198 confirmed the Special Counsel's authority to investigate that matter. The
199 Special Counsel structured the investigation in view of his power and authority
200 "to exercise all investigative and prosecutorial functions of any United States
201 Attorney." 28 C.F.R: ? 600.6. Like a U.S. Attorney's Office, the Special
202 Counsel's Office considered a range of classified and unclassified information
203 available to the FBI in the course of the Office's Russia investigation, and the
204 Office structured that work around evidence for possible use in prosecutions of
205 federal crimes (assuming that one or more crimes were identified that warranted
206 prosecution). There was substantial evidence immediately available to the
207 Special Counsel at the inception of the investigation in May 2017 because the
208 FBI had, by that time, already investigated Russian election interference for
209 nearly 10 months. The Special Counsel's Office exercised its judgment regarding
210 what to investigate and did not, for instance, investigate every public report
211 of a contact between the Trump Campaign and Russian-affiliated individuals and
212 entities. The Office has concluded its investigation into links and coordination
213 between the Russian government and individuals associated with the Trump
214 Campaign. Certain proceedings associated with the Office's work remain ongoing.
215 After consultation with the Office of the Deputy Attorney General, the Office
216 has transferred responsibility for those remaining issues to other components of
217 the Department of Justice and FBI. Appendix D lists those transfers. Two
218 district courts confirmed the breadth of the Special Counsel's authority to
219 investigate Russia election interference and links and/or coordination with the
220 Trump Campaign. See United States v. Manafort, 312 F. Supp. 3d 60, 79-83 (D.D.C.
221 2018); United States v. Manafort, 321 F. Supp. 3d 640, 650-655 (E.D. Va. 2018).
222 In the course of conducting that investigation, the Office periodically
223 identified evidence of potential criminal activity that was outside the scope of
224 the Special Counsel's authority established by the Acting Attorney General.
225 After consultation with 12
226
227RESULT: 5
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233 U.S. Department of Justice Atterttey Werle Prnat:tet // May Cef!taifl Material
234 Prnteetea URaer Fee. R. Criffl. P. 6(e) On March 17, 2016, Papadopoulos returned
235 to London.42? Four days later, candidate Trump publicly named him as a member of
236 the foreign policy and national security advisory team chaired by Senator Jeff
237 Sessions, describing Papadopoulos as "an oil and energy consultant" and an
238 "[e]xcellent guy."421 On March 24, 2016, Papadopoulos met with Mifsud in
239 London.422 Mifsud was accompanied by a Russian female named Olga Polonskaya.
240 Mifsud introduced Polonskaya as a former student of his who had connections to
241 Vladimir Putin.423 Papadopoulos understood at the time that Polonskaya may have
242 been Putin's niece but later learned that this was not true.424 During the
243 meeting, Polonskaya offered to help Papadopoulos establish contacts in Russia
244 and stated that the Russian ambassador in London was a friend of hers.425 Based
245 on this interaction, Papadopoulos expected Mifsud and Polonskaya to introduce
246 him to the Russian ambassador in London, but that did not occur.426 Following
247 his meeting with Mifsud, Papadopoulos sent an email to members of the Trump
248 Campaign's foreign policy advisory team. The subject line of the message was
249 "Meeting with Russian leadership--including Putin."427 The message stated in
250 pertinent part: I just finished a very productive lunch with a good friend of
251 mine, Joseph Mifsud, the director of the London Academy of Diplomacy--who
252 introduced me to both Putin's niece and the Russian Ambassador in London--who
253 also acts as the Deputy Foreign Minister.428 The topic of the lunch was to
254 arrange a meeting between us and the Russian leadership to discuss U.S.-Russia
255 ties under President Trump. They are keen to host us in a "neutral" city, or
256 directly in Moscow. They said the leadership, including Putin, is ready to meet
257 with us and Mr. Trump should there be interest. Waiting for everyone's thoughts
258 on moving forward with this very important issue.429 420 Papadopoulos 8/10/17
259 302, at 2. 421 Phillip Rucker & Robert Costa, Trump Questions Need for NATO,
260 Outlines Noninterventionist Foreign Policy, Washington Post (Mar. 21, 2016). 422
261 Papadopoulos 8/10/17 302, at 3; 3/24/16 Text Messages, Mifsud & Papadopoulos.
262 423 Papadopoulos 8/10/17 302, at 3. 424 Papadopoulos 8/10/17 302, at 3;
263 Papadopoulos 2/10/17 302, at 2-3; Papadopoulos Internet Search History (3/24/16)
264 (revealing late-morning and early-afternoon searches on March 24, 2016 for
265 "putin's niece," "olga putin," and "russian president niece olga," among other
266 terms). 425 Papadopoulos 8/10/17 302, at 3. 426 Papadopoulos Statement of
267 Offense ,r 8 n. l. 427 3/24/16 Email, Papadopoulos to Page et al. (8:48:21
268 a.m.). 428 Papadopoulos's statements to the Campaign were false. As noted above,
269 the woman he met was not Putin's niece, he had not met the Russian Ambassador in
270 London, and the Ambassador did not also serve as Russia's Deputy Foreign
271 Minister. 429 3/24/16 Email, Papadopoulos to Page et al. (8:48:21 a.m.). 84
272
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277TEXT:
278
279 U.S. Department of Justice AUerfl:ey \\'erk Pretittet // May Cerua.ifl Material
280 Preteeteti Ufl:tier Fee. R. Crim. P. 6(e) responded to diplomatic outreach
281 efforts from senior government officials in Asia, Europe, the Middle East,
282 Africa, [and] the Americas."592 Page received no response from the Transition
283 Team. When Page took a personal trip to Moscow in December 2016, he met again
284 with at least one Russian government official. That interaction and a discussion
285 of the December trip are set forth in Volume I, Section IV.B.6, infra. 4.
286 Dimitri Simes and the Center for the National Interest Members of the Trump
287 Campaign interacted on several occasions with the Center for the National
288 Interest (CNI), principally through its President and Chief Executive Officer,
289 Dimitri Simes. CNI is a think tank with expertise in and connections to the
290 Russian government. Simes was born in the former Soviet Union and immigrated to
291 the United States in the 1970s. In April 2016, candidate Trump delivered his
292 first speech on foreign policy and national security at an event hosted by the
293 National Interest, a publication affiliated with CNI. Then-Senator Jeff Sessions
294 and Russian Ambassador Kislyak both attended the event and, as a result, it
295 gained some attention in relation to Sessions's confirmation hearings to become
296 Attorney General. Sessions had various other contacts with CNI during the
297 campaign period on foreign-policy matters, including Russia. Jared Kushner also
298 interacted with Simes about Russian issues during the campaign. The
299 investigation did not identify evidence that the Campaign passed or received any
300 messages to or from the Russian government through CNI or Simes. a. CNI and
301 Dimitri Simes Connect with the Trump Campaign CNI is a Washington-based non-
302 profit organization that grew out of a center founded by former President
303 Richard Nixon.593 CNI describes itself "as a voice for strategic realism in U.S.
304 foreign policy," and publishes a bi-monthly foreign policy magazine, the
305 National Interest.594 CNI is overseen by a board of directors and an advisory
306 council that is largely honorary and whose members at the relevant time included
307 Sessions, who served as an advisor to candidate Trump on national security and
308 foreign policy issues.595 Dimitri Simes is president and CEO of CNI and the
309 publisher and CEO of the National Jnterest.596 Simes was born in the former
310 Soviet Union, emigrated to the United States in the early 1970s, and joined CNI'
311 s predecessor after working at the Carnegie Endowment for International 593
312 Simes 3/8/18 302, at 1-2. 594 About the Center, CNI, available at
313 https://cftni.org/about/. 595 Advisory Counsel, CNl, available at
314 https://web.archive.org/web/20161030025331/ http://cftni.org/about/advisory-
315 council/; Simes 3/8/18 302, at 3-4; Saunders 2/15/18 302, at 4; Sessions 1/17/18
316 302, at 16. 596 Simes 3/8/18 302, at 2. 103
317
318RESULT: 7
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320PAGE: 113
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322TEXT:
323
324 U.S. Department of Justice A.tlerRe:,,? Werk Pretlttet // May CeRtai:R Material
325 Preteetetl Untler Fetl. R. Crim. P. 6(e) On April 25, 2016, Saunders booked
326 event rooms at the Mayflower to host both the speech and a VIP reception that
327 was to be held beforehand.619 Saunders understood that the receptionat which
328 invitees would have the chance to meet? candidate Trump--would be a small
329 event.620 Saunders decided who would attend by looking at the list of CNI' s
330 invitees to the speech itself and then choosing a subset for the reception.621
331 CNI's invitees to the reception included Sessions and Kislyak.622 The week
332 before the speech Simes had informed Kislyak that he would be invited to the
333 speech, and that he would have the opportunity to meet Trump.623 When the pre-
334 speech reception began on April 27, a receiving line was quickly organized so
335 that attendees could meet Trump.624 Sessions first stood next to Trump to
336 introduce him to the members of Congress who were in attendance.625 After those
337 members had been introduced, Simes stood next to Trump and introduced him to the
338 CNI invitees in attendance, including Kislyak.626 Simes perceived the
339 introduction to be positive and friendly, but thought it clear that Kislyak and
340 Trump had just met for the first time.627 Kislyak also met Kushner during the
341 speech reception. The two shook hands and chatted for a minute or two, during
342 which Kushner recalled Kislyak saying, "we like what your candidate is saying
343 ... it's refreshing."628 Several public reports state that, in addition to
344 speaking to Kushner at the pre-speech reception, Kislyak also met or conversed
345 with Sessions at that time.629 Sessions stated to investigators, however, that
346 he did not remember any such conversation.630 Nor did anyone else affiliated
347 with CNI or the National Interest specifically recall a conversation or meeting
348 between Sessions and Kislyak at the pre-speech reception.631 It appears that, if
349 a conversation occurred at the pre-speech reception, it was a brief one
350 conducted in public view, similar to the exchange between Kushner and Kislyak.
351 619 Saunders 2/15/18 302, at 11-12; C00006651-57 (Mayflower Group Sales
352 Agreement). 620 Saunders 2/15/18 302, at 12-13. 621 Saunders 2/15/18 302, at 12.
353 622 C00002575 (Attendee List); C00008536 (4/25/16 Email, Simes to Kushner
354 (4:53:45 p.m.)). 623 Simes 3/8/18 302, at 19-20. 624 Simes 3/8/18 302, at 21.
355 625 Simes 3/8/18 302, at 21. 626 Simes 3/8/18 302, at 21. 627 Simes 3/8/18 302,
356 at 21. 628 Kushner 4/11/18 302, at 4. 629 See, e.g., Ken Dilanian, Did Trump,
357 Kushner, Sessions Have an Undisclosed Meeting With Russian?, NBC News (June 1,
358 2016); Julia Ioffe, Why Did Jeff Sessions Really Meet With Sergey Kislyak, The
359 Atlantic (June 13, 2017). 630 Sessions 1/17/18 302, at 22. 631 Simes 3/8/18 302,
360 at 21; Saunders 2/15/18 302, at 14, 21; Boyd 1/24/18 302, at 3-4; Heilbrunn
361 2/1/18 302, at 6; Statement Regarding President Trump's April 27, 2016 Foreign
362 Policy Speech at the Center for the National Interest, CNI (Mar. 8, 2017). 106
363
364RESULT: 8
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366PAGE: 114
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369
370 U.S. Department of Justice Atteffle~? Werk Pfeattet // Mtty Cefltttifl
371 Mt1terittl Preteetea Umler Fee. R. Criffl. P. 6(e) The Office found no evidence
372 that Kislyak conversed with either Trump or Sessions after the speech, or would
373 have had the opportunity to do so. Simes, for example, did not recall seeing
374 Kislyak at the post-speech luncheon,632 and the only witness who accounted for
375 Sessions's whereabouts stated that Sessions may have spoken to the press after
376 the event but then departed for Capitol Hill.633 Saunders recalled, based in
377 part on a food-related request he received from a Campaign staff member, that
378 Trump left the hotel a few minutes after the speech to go to the airport. 634 c.
379 Jeff Sessions's Post-Speech Interactions with CNI In the wake of Sessions' s
380 confirmation hearings as Attorney General, questions arose about whether
381 Sessions's campaign-period interactions with CNI apart from the Mayflower speech
382 included any additional meetings with Ambassador Kislyak or involved Russian-
383 related matters. With respect to Kislyak contacts, on May 23, 2016, Sessions
384 attended CNI 's Distinguished Service Award dinner at the Four Seasons Hotel in
385 Washington, D.C.635 Sessions attended a pre-dinner reception and was seated at
386 one of two head tables for the event. 636 A seating chart prepared by Saunders
387 indicates that Sessions was scheduled to be seated next to Kislyak, who appears
388 to have responded to the invitation by indicating he would attend the event.637
389 Sessions, however, did not remember seeing, speaking with, or sitting next to
390 Kislyak at the dinner.638 Although CNI board member Charles Boyd said he may
391 have seen Kislyak at the dinner,639 Simes, Saunders, and Jacob Heilbrunn--editor
392 of the National Interest-all had no recollection of seeing Kislyak at the May 23
393 event.64? Kislyak also does not appear in any of the photos from the event that
394 the Office obtained. In the summer of 2016, CNI organized at least two dinners
395 in Washington, D.C. for Sessions to meet with experienced foreign policy
396 professionals.641 The dinners included affiliated individuals, such as Richard
397 Burt and Zalmay Khalilzad, a former U.S. ambassador to Afghanistan and Iraq and
398 the person who had introduced Trump before the April 27, 2016 foreign-632 Simes
399 3/8/18 302, at 22; Heilbrunn 2/1/18 302, at 7. 633 Luff 1 /30/18 302, at 4. 634
400 Saunders 2/15/18 302, at 15. 635 Sessions 1/17 /18 302, at 22; Saunders 2/15/18
401 302, at 17. 636 Saunders 2/15/18 302, at 17; C00004779-80 (5/23/16 Email,
402 Cantelmo to Saunders & Hagberg (9:30: 12 a.m.); C00004362 (5/23/16 Email, Bauman
403 to Cantelmo et al. (2:02:32 a.m.). 637 C00004362 (5/23/16 Email Bauman to
404 Cantelmo et al. (2:02:32 a.m.). 638 Sessions 1/17/18 302, at 22. 639 Boyd
405 1/24/18 302, at 4. 640 Simes 3/8/18 302, at 23; Saunders 2/15/18 302, at 18;
406 Heilbrunn 2/1/18 302, at 7. 641 Simes 3/8/18 302, at 31; Saunders 2/15/18 302,
407 at 19; Burt 2/9/18 302, at 9-1 0; Khalilzad 1/9/18 302, at 5. 107
408
409RESULT: 9
410
411PAGE: 130
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413TEXT:
414
415 U.S. Department of Justice AUem.ey Wet?lc Pt'edt1et // May Centain Material
416 Preteeted Under Fed. R. Criffl. P. 6(e) himself.773 The individual who conveyed
417 Veselnitskaya's request to Samochornov stated that he did not expressly
418 condition payment on following Veselnitskaya's answers but, in hindsight,
419 recognized that by sending the transcript, Samochornov could have interpreted
420 the offer of assistance to be conditioned on his not contradicting
421 Veselnitskaya's account.774 Volume II, Section 11.G, infra, discusses
422 interactions between President Trump, Trump Jr., and others in June and July
423 2017 regarding the June 9 meeting. 6. Events at the Republican National
424 Convention Trump Campaign officials met with Russian Ambassador Sergey Kislyak
425 during the week of the Republican National Convention. The evidence indicates
426 that those interactions were brief and non-substantive. During platform
427 committee meetings immediately before the Convention, J.D. Gordon, a senior
428 Campaign advisor on policy and national security, diluted a proposed amendment
429 to the Republican Party platform expressing support for providing "lethal"
430 assistance to Ukraine in response to Russian aggression. Gordon requested that
431 platform committee personnel revise the proposed amendment to state that only
432 "appropriate" assistance be provided to Ukraine. The original sponsor of the
433 "lethal" assistance amendment stated that Gordon told her (the sponsor) that he
434 was on the phone with candidate Trump in connection with his request to dilute
435 the language. Gordon denied making that statement to the sponsor, although he
436 acknowledged it was possible he mentioned having previously spoken to the
437 candidate about the subject matter. The investigation did not establish that
438 Gordon spoke to or was directed by the candidate to make that proposal. Gordon
439 said that he sought the change because he believed the proposed language was
440 inconsistent with Trump's position on Ukraine. a. Ambassador Kislyak's
441 Encounters with Senator Sessions and J.D. Gordon the Week of the RNC In July
442 2016, Senator Sessions and Gordon spoke at the Global Partners in Diplomacy
443 event, a conference co-sponsored by the State Department and the Heritage
444 Foundation held in Cleveland, Ohio the same week as the Republican National
445 Convention (RNC or "Convention").775 Approximately 80 foreign ambassadors to the
446 United States, including Kislyak, were invited to the conference.776 On July 20,
447 2016, Gordon and Sessions delivered their speeches at the conference.777 In his
448 speech, Gordon stated in pertinent part that the United States should have
449 better relations with 773 Samochornov 7 /13/17 302, at 1. 774 775 Gordon 8/29/17
450 302, at 9; Sessions 1/17/18 302, at 22; Allan Smith, We Now Know More About why
451 Jeff Sessions and a Russian Ambassador Crossed Paths at the Republican
452 Convention, Business Insider (Mar. 2, 2017). 776 Gordon 8/29/17 302, at 9; Laura
453 DeMarco, Global Cleveland and Sen. Bob Corker Welcome International Republican
454 National Convention Guests, Cleveland Plain Dealer (July 20, 2016). 777 Gordon
455 8/29/17 302, at 9; Sessions 1/17/18 302, at 22. 123
456
457RESULT: 10
458
459PAGE: 204
460
461TEXT:
462
463 U.S. Department of Justice Atterney Werk Pl'ed1:1et // May Cetttaifl Material
464 Preteeted Under Fed. R. Crim. P. 6(e) vi. Jeff Sessions As set forth in Volume
465 I, Section IV.A.6, supra, the investigation established that, while a U.S.
466 Senator and a Trump Campaign advisor, former Attorney General Jeff Sessions
467 interacted with Russian Ambassador Kislyak during the week of the Republican
468 National Convention in July 2016 and again at a meeting in Sessions' s Senate
469 office in September 2016. The investigation also established that Sessions and
470 Kislyak both attended a reception held before candidate Trump's 197
471
472RESULT: 11
473
474PAGE: 214
475
476TEXT:
477
478 U.S. Department of Justice Attef'Ae:,? WElf'k Pt1Eltittet // Moy CElAtoiA
479 Motet1iol Pt1eteeteti UAtier Feti. R. Ct1im. P. 6(e) EXECUTIVE SUMMARY TO VOLUME
480 II Our obstruction-of-justice inquiry focused on a series of actions by the
481 President that related to the Russian-interference investigations, including the
482 President's conduct towards the law enforcement officials overseeing the
483 investigations and the witnesses to relevant events. FACTUAL RESULTS OF THE
484 OBSTRUCTION INVESTIGATION The key issues and events we examined include the
485 following: The Campaign's response to reports about Russian support for Trump.
486 During the 2016 presidential campaign, questions arose about the Russian
487 government's apparent support for candidate Trump. After WikiLeaks released
488 politically damaging Democratic Party emails that were reported to have been
489 hacked by Russia, Trump publicly expressed skepticism that Russia was
490 responsible for the hacks at the same time that he and other Campaign officials
491 privately sought information about any further planned WikiLeaks releases. Trump
492 also denied having any business in or connections to Russia, even though as late
493 as June 2016 the Trump Organization had been pursuing a licensing deal for a
494 skyscraper to be built in Russia called Trump Tower Moscow. After the election,
495 the President expressed concerns to advisors that reports of Russia's election
496 interference might lead the public to question the legitimacy of his election.
497 Conduct involving FBI Director Comey and Michael Flynn. In mid-January 2017,
498 incoming National Security Advisor Michael Flynn falsely denied to the Vice
499 President, other administration officials, and FBI agents that he had talked to
500 Russian Ambassador Sergey Kislyak about Russia's response to U.S. sanctions on
501 Russia for its election interference. On January 27, the day after the President
502 was told that Flynn had lied to the Vice President and had made similar
503 statements to the FBI, the President invited FBI Director Corney to a private
504 dinner at the White House and told Corney that he needed loyalty. On February
505 14, the day after the President requested Flynn's resignation, the President
506 told an outside advisor, "Now that we fired Flynn, the Russia thing is over."
507 The advisor disagreed and said the investigations would continue. Later that
508 afternoon, the President cleared the Oval Office to have a one-on-one meeting
509 with Corney. Referring to the FBI's investigation of Flynn, the President said,
510 "I hope you can see your way clear to letting this go, to letting Flynn go. He
511 is a good guy. T hope you can let this go." Shortly after requesting Flynn's
512 resignation and speaking privately to Corney, the President sought to have
513 Deputy National Security Advisor K.T. McFarland draft an internal letter stating
514 that the President had not directed Flynn to discuss sanctions with Kislyak.
515 McFarland declined because she did not know whether that was true, and a White
516 House Counsel's Office attorney thought that the request would look like a quid
517 pro quo for an ambassadorship she had been offered. The President's reaction to
518 the continuing Russia investigation. Tn February 2017, Attorney General Jeff
519 Sessions began to assess whether he had to recuse himself from related
520 investigations because of his role in the Trump Campaign. Tn early March, the
521 President told White House Counsel Donald McGahn to stop Sessions from recusing.
522 And after Sessions announced his recusal on March 2, the President expressed
523 anger at the decision and told advisors that he should have an Attorney General
524 who would protect him. That weekend, the President took Sessions aside at an
525 event and urged him to "unrecuse." Later in March, Corney publicly 3
526
527RESULT: 12
528
529PAGE: 235
530
531TEXT:
532
533 U.S. Department of Justice AMsfl'l:ey Wark Prmittct // Mtty Csl'l:taiH Material
534 Prnteetee UHec1? Fee. R. Criffl. P. 6(e) B. The President's Conduct Concerning
535 the Investigation of Michael Flynn Overview During the presidential transition,
536 incoming National Security Advisor Michael Flynn had two phone calls with the
537 Russian Ambassador to the United States about the Russian response to U.S.
538 sanctions imposed because of Russia's election interference. After the press
539 reported on Flynn's contacts with the Russian Ambassador, Flynn lied to incoming
540 Administration officials by saying he had not discussed sanctions on the calls.
541 The officials publicly repeated those lies in press interviews. The FBI, which
542 previously was investigating Flynn for other matters, interviewed him about the
543 calls in the first week after the inauguration, and Flynn told similar lies to
544 the FBI. On January 26, 2017, Department of Justice (DOJ) officials notified the
545 White House that Flynn and the Russian Ambassador had discussed sanctions and
546 that Flynn had been interviewed by the FBT. The next night, the President had a
547 private dinner with FBI Director James Corney in which he asked for Corney's
548 loyalty. On February 13, 2017, the President asked Flynn to resign. The
549 following day, the President had a one-on-one conversation with Corney in which
550 he said, "I hope you can see your way clear to letting this go, to letting Flynn
551 go." Evidence 1. Incoming National Security Advisor Flynn Discusses Sanctions on
552 Russia with Russian Ambassador Sergey Kislyak Shortly after the election,
553 President-Elect Trump announced he would appoint Michael Flynn as his National
554 Security Advisor.78 For the next two months, Flynn played an active role on the
555 Presidential Transition Team (PTT) coordinating policy positions and
556 communicating with foreign government officials, including Russian Ambassador to
557 the United States Sergey Kislyak.79 On December 29, 2016, as noted in Volume II,
558 Section TT.A.4, supra, the Obama Administration announced that it was imposing
559 sanctions and other measures on several Russian individuals and entities.80 That
560 day, multiple members of the PTT exchanged emails about the sanctions and the
561 impact they would have on the incoming Administration, and Flynn informed
562 members of the PTT that he would be speaking to the Russian Ambassador later in
563 the day.81 78 Flynn 11/16/17 302, at 7; President-Elect Donald.I Trump Selects
564 US. Senator Jeff Sessions for Attorney General, Lt. Gen. Michael Flynn as
565 Assistant to the President for National Security Affairs and US. Rep. Mike
566 Pompeo as Director of the Central Intelligence Agency, President-Elect Donald J.
567 Trump Press Release (Nov. 18, 2016); see also, e.g., Bryan Bender, Trump names
568 Mike Flynn national security adviser, Politico, (Nov. 17, 2016). 79 Flynn 11
569 /16/17 302, at 8-14; Priebus I 0/13/17 302, at 3-5. 80 Statement by the
570 President on Actions in Response to Russian Malicious Cyber Activity and
571 Harassment, The White House, Office of the Press Secretary (Dec. 29, 2016). 81
572 12/29/16 Email, O'Brien to McFarland et al.; 12/29/16 Email, Bossert to Flynn et
573 al.; 12/29/16 Email, McFarland to Flynn et al.; SF00000 I (12/29/16 Text
574 Message, Flynn to Flaherty) ("Tit for tat w Russia not good. Russian AMBO
575 reaching out to me today."); Flynn 1/19/18 302, at 2. 24
576
577RESULT: 13
578
579PAGE: 280
580
581TEXT:
582
583 U.S. Department of Justice AH6rttey W6rk Pr6clttet // May C6tttaiH Material
584 Pr6teetecl Uflcler Fecl. R. Crim. P. 6(e) the President.445 Dhillon made a final
585 pitch to the President that Corney should be permitted to resign, but the
586 President refused.446 Around the time the President's letter was finalized,
587 Priebus summoned Spicer and the press team to the Oval Office, where they were
588 told that Corney had been terminated for the reasons stated in the letters by
589 Rosenstein and Sessions.447 To announce Corney's termination, the White House
590 released a statement, which Priebus thought had been dictated by the
591 President.448 In full, the statement read: "Today, President Donald J. Trump
592 informed FBI Director James Corney that he has been terminated and removed from
593 office. President Trump acted based on the clear recommendations of both Deputy
594 Attorney General Rod Rosenstein and Attorney General Jeff Sessions."449 That
595 evening, FBI Deputy Director Andrew McCabe was summoned to meet with the
596 President at the White House.450 The President told McCabe that he had fired
597 Corney because of the decisions Corney had made in the Clinton email
598 investigation and for many other reasons.451 The President asked McCabe if he
599 was aware that Corney had told the President three times that he was not under
600 investigation.452 The President also asked McCabe whether many people in the FBI
601 disliked Corney and whether McCabe was part of the "resistance" that had
602 disagreed with Corney's decisions in the Clinton investigation.453 McCabe told
603 the President that he knew Corney had told the President he was not under
604 investigation, that most people in the FBI felt positively about Corney, and
605 that McCabe worked "very closely" with Corney and was part of all the decisions
606 that had been made in the Clinton investigation.454 445 Dhillon 11/21/17 302, at
607 10; Eisenberg 11/29/17 302, at 15 (providing the view that the President's
608 desire to include the language about not being under investigation was the
609 "driving animus of the whole thing"); Burnham 11/3/17 302, at 16 (Burnham knew
610 the only line the President cared about was the line that said Corney advised
611 the President on three separate occasions that the President was not under
612 investigation). According to Hunt's notes, the reference to Corney's statement
613 would indicate that "notwithstanding" Corney's having informed the President
614 that he was not under investigation, the President was terminating Corney.
615 Hunt-000032 (Hunt 5/9/17 Notes). McGahn said he believed the President wanted
616 the language included so that people would not think that the President had
617 terminated Corney because the President was under investigation. McGahn 12/12/17
618 302, at 15. 446 McGahn 12/12/17 302, at 15; Donaldson 11/6/17 302, at 25; see
619 SC_AD_00342 (Donaldson 5/9/17 Notes) ("Resign vs. Removal. -POTUS/removal.").
620 447 Spicer 10/16/17 302, at 9; McGahn 12/12/17 302, at 16. 448 Priebus I OJ 13/
621 l 7 302, at 28. 449 Statement of the Press Secretary, The White House, Office of
622 the Press Secretary (May 9, 2017). 450 McCabe 9/26/17 302, at 4; SCR025_000044
623 (President's Daily Diary, 5/9/17); McCabe 5/10/17 Memorandum, at 1. 451 McCabe
624 9/26/17 302, at 5; McCabe 5/10/17 Memorandum, at I. 452 McCabe 9/26/17 302, at
625 5; McCabe 5/10/17 Memorandum, at 1-2. 453 McCabe 9/26/17 302, at 5; McCabe
626 5/10/17 Memorandum, at 1-2. 454 McCabe 9/26/ 17 302, at 5; McCabe 5/ 10/ 17
627 Memorandum, at 1-2. 69
628
629RESULT: 14
630
631PAGE: 306
632
633TEXT:
634
635 U.S. Department of Justice AttarAe)' 'Nark Pradttet // Ma)" CarttaiA Material
636 Pl'ateetea Urtaer Fea. R. Crim. P. 6(e) accomplish by firing Sessions, pointing
637 out there was an investigation before and there would be an investigation
638 after.642 Early the following morning, July 22, 2017, the President tweeted, "A
639 new INTELLIGENCE LEAK from the Amazon Washington Post, this time against A.G.
640 Jeff Sessions. These illegal leaks, like Corney's, must stop!"643 Approximately
641 one hour later, the President tweeted, "So many people are asking why isn't the
642 A.G. or Special Council looking at the many Hillary Clinton or Corney crimes.
643 33,000 e-mails deleted?"644 Later that morning, while aboard Marine One on the
644 way to Norfolk, Virginia, the President told Priebus that he had to get Sessions
645 to resign immediately.645 The President said that the country had lost
646 confidence in Sessions and the negative publicity was not tolerable.646
647 According to contemporaneous notes taken by Priebus, the President told Priebus
648 to say that he "need[ ed] a letter of resignation on [his] desk immediately" and
649 that Sessions had "no choice" but "must immediately resign."647 Priebus replied
650 that if they fired Sessions, they would never get a new Attorney General
651 confirmed and that the Department of Justice and Congress would turn their backs
652 on the President, but the President suggested he could make a recess appointment
653 to replace Sessions.648 Priebus believed that the President's request was a
654 problem, so he called McGahn and asked for advice, explaining that he did not
655 want to pull the trigger on something that was "all wrong."649 Although the
656 President tied his desire for Sessions to resign to Sessions's negative press
657 and poor performance in congressional testimony, Priebus believed that the
658 President's desire to replace Sessions was driven by the President's hatred of
659 Sessions's recusal from the Russia investigation.650 McGahn told Priebus not to
660 follow the President's order and said they should consult their personal
661 counsel, with whom they had attorney-client privilege.651 McGahn 642 Hunt 2/1
662 /18 302, at 23-24; Hunt 7/21/17 Notes, at 1-2. 643 @realDonaldTrump 7/22/17
663 (6:33 a.m. ET) Tweet. 644 @realDonaldTrJ.!mp 7/22/17 (7:44 a.m. ET) Tweet. Three
664 minutes later, the President tweeted, "What about all of the Clinton ties to
665 Russia, including Podesta Company, Uranium deal, Russian Reset, big dollar
666 speeches etc." @realDonaldTrump 7/22/17 (7:47 a.m. ET) Tweet. 645 Priebus
667 1/18/18 302, at 13-14. 646 Priebus 1/18/18 302, at 14; Priebus 4/3/18 302, at
668 4-5; see RP_ 000073 (Priebus 7/22/17 Notes). 647 RP _000073 (Priebus 7/22/17
669 Notes). 648 Priebus 4/3/18 302, at 5. 649 Priebus 1/18/18 302, at 14; Priebus
670 4/3/18 302, at 4-5. 650 Priebus 4/3/18 302, at 5. 651 RP _000074 (Priebus
671 7/22/17 Notes); McGahn 12/14/17 302, at 11; Priebus 1/18/18 302, at 14. Priebus
672 followed McGahn's advice and called his personal attorney to discuss the
673 President's request because he thought it was the type of thing about which one
674 would need to consult an attorney. Priebus 1/18/18 302, at 14. 95
675
676RESULT: 15
677
678PAGE: 307
679
680TEXT:
681
682 U.S. Department of Justice Att:arHey Wark Pr0Ei1:1et // May CaHtail'l Material
683 Prateetea UHEier Fea. R. Crim. P. 6(e) and Priebus discussed the possibility
684 that they would both have to resign rather than carry out the President's order
685 to fire Sessions.652 That afternoon, the President followed up with Priebus
686 about demanding Sessions's resignation, using words to the effect of, "Did you
687 get it? Are you working on it?"653 Priebus said that he believed that his job
688 depended on whether he followed the order to remove Sessions, although the
689 President did not directly say so.654 Even though Priebus did not intend to
690 carry out the President's directive, he told the President he would get Sessions
691 to resign.655 Later in the day, Priebus called the President and explained that
692 it would be a calamity if Sessions resigned because Priebus expected that
693 Rosenstein and Associate Attorney General Rachel Brand would also resign and the
694 President would be unable to get anyone else confirmed.656 The President agreed
695 to hold off on demanding Sessions's resignation until after the Sunday shows the
696 next day, to prevent the shows from focusing on the firing.657 By the end of
697 that weekend, Priebus recalled that the President relented and agreed not to ask
698 Sessions to resign.658 Over the next several days, the President tweeted about
699 Sessions. On the morning of Monday, July 24, 2017, the President criticized
700 Sessions for neglecting to investigate Clinton and called him "beleaguered."659
701 On July 25, the President tweeted, "Attorney General Jeff Sessions has taken a
702 VERY weak position on Hillary Clinton crimes (where are mails & DNC server) &
703 Intel leakers!"660 The following day, July 26, the President tweeted, "Why
704 didn't A.G. Sessions replace Acting FBI Director Andrew McCabe, a Corney friend
705 who was in charge of Clinton investigation."661 According to Hunt, in light of
706 the President's frequent public attacks, Sessions prepared another resignation
707 letter and for the rest of the year carried it with him in his pocket every time
708 he went to the White House.662 652 McGahn 12/14/17 302, at 11; RP_000074
709 (Priebus 7/22/17 Notes) ("discuss resigning together"). 653 Priebus 1/18/18 302,
710 at 14; Priebus 4/3/18 302, at 4. 654 Priebus 4/3/ 18 302, at 4. 655 Priebus
711 1/18/18 302, at 15. 656 Priebus 1/18/18 302, at 15. 657 Priebus l /18/ 18 302,
712 at 15. 658 Priebus 1/18/18 302, at 15. 659 @realDonaldTrump 7/24/17 (8:49 a.m.
713 ET) Tweet ("So why aren't the Committees and investigators, and of course our
714 beleaguered A.G., looking into Crooked Hillarys crimes & Russia relations?").
715 660 @realDonaldTrump 7/25/17 (6: I 2 a.m. ET) Tweet. The President sent another
716 tweet shortly before this one asking "where is the investigation A.G."
717 @realDonaldTrump 7/25/17 (6:03 a.m. ET) Tweet. 661 @realDonaldTrump 7/26/17
718 (9:48 a.m. ET) Tweet. 662 Hunt 2/ 1 / 18 302, at 24-25. 96
719
720RESULT: 16
721
722PAGE: 321
723
724TEXT:
725
726 U.S. Department of Justice AUtmte, Werk Pr0euet // Ma,? C0ntain Matertal
727 Pr0teetee Under Fee. R. Critt1. P. 6(e) team. Professionals; will operate
728 according to the law."760 Sessions also said, "I never saw anything that was
729 improper," which Porter thought was noteworthy because it did not fit with the
730 previous discussion about Clinton.761 Porter understood Sessions to be
731 reassuring the President that he was on the President's team.762 At the end of
732 December, the President told the New York Times it was "too bad" that Sessions
733 had recused himself from the Russia investigation.763 When asked whether Holder
734 had been a more loyal Attorney General to President Obama than Sessions was to
735 him, the President said, "I don't want to get into loyalty, but I will tell you
736 that, I will say this: Holder protected President Obama. Totally protected him.
737 When you look at the things that they did, and Holder protected the president.
738 And (have great respect for that, I'll be honest."764 Later in January, the
739 President brought up the idea ofreplacing Sessions and told Porter that he
740 wanted to "clean house" at the Department of Justice.765 In a meeting in the
741 White House residence that Porter attended on January 27, 2018, Porter recalled
742 that the President talked about the great attorneys he had in the past with
743 successful win records, such as Roy Cohn and Jay Goldberg, and said that one of
744 his biggest failings as President was that he had not surrounded himself with
745 good attorneys, citing Sessions as an example.766 The President raised
746 Sessions's recusal and brought up and criticized the Special Counsel's
747 investigation.767 Over the next several months, the President continued to
748 criticize Sessions in tweets and media interviews and on several occasions
749 appeared to publicly encourage him to take action in the Russia investigation
750 despite his recusal.768 On June 5, 2018, for example, the President 760 SC_
751 RRP000033 (Porter 12/6/17 Notes); see Porter 4/13/18 302, at 6. 761 SC_
752 RRP000033 (Porter 12/6/17 Notes); Porter 4/13/18 302, at 6. 762 Porter 4/13/18
753 302, at 6-7. 763 Michael S. Schmidt & Michael D. Shear, Trump Says Russia
754 Inquiry Makes US. "Look Very Bad", New York Times (Dec. 28, 2017). 764 Michael
755 S. Schmidt & Michael D. Shear, Trump Says Russia Inquiry Makes US. "Look Very
756 Bad", New York Times (Dec. 28, 2017). 765 Porter 4/13/18 302, at 14. 766 Porter
757 5/8/18 302, at 15. Contemporaneous notes Porter took of the conversation state,
758 "Roy Cohn (14-0) / Jay Goldberg (12-0)." SC_RRP000047 (Potter 1/27/18 Notes).
759 767 Porter 5/8/18 302, at 15-16. 768 See, e.g., @realDonaldTrump 2/28/18 (9:34
760 a.m. ET) Tweet ("Why is A.G. Jeff Sessions asking the Inspector General to
761 investigate potentially massive FISA abuse. Will take forever, has no
762 prosecutorial power and already late with reports on Corney etc. Isn't the I.G.
763 an Obama guy? Why not use Justice Depattment lawyers? DISGRACEFUL!");
764 @realDonaldTrump 4/7/18 (4:52 p.m. ET) Tweet ("Lawmakers of the House Judiciary
765 Committee are angrily accusing the Department of Justice of missing the Thursday
766 Deadline for turning over UNREDACTED Documents relating to FISA abuse, FBI,
767 Corney, Lynch, McCabe, Clinton Emails and much more. Slow walking-what is going
768 on? BAD!"); @realDonaldTrump 4/22/18 (8:22 a.m. ET) Tweet ("'GOP Lawmakers
769 asking Sessions to Investigate Corney and Hillary Clinton.' @FoxNews Good luck
770 with that request!"); @realDonaldTrump 12/16/18 (3:37 p.m. ET) Tweet 110
771
772RESULT: 17
773
774PAGE: 322
775
776TEXT:
777
778 U.S. Department of Justice Ai:tarttey Wark P1?aettet // Mtty Catttttitt Material
779 Pwteetee Utteer Fee. R. Crim. P. e(e) tweeted, "The Russian Witch Hunt Hoax
780 continues, all because Jeff Sessions didn't tell me he was going to recuse
781 himself. ... I would have quickly picked someone else. So much time and money
782 wasted, so many lives ruined ... and Sessions knew better than most that there
783 was No Collusion!"769 On August 1, 2018, the President tweeted that '"Attorney
784 General Jeff Sessions should stop this Rigged Witch Hunt right now."770 On
785 August 23, 2018, the President publicly criticized Sessions in a press interview
786 and suggested that prosecutions at the Department of Justice were politically
787 motivated because Paul Manafo11 had been prosecuted but Democrats had not.771
788 The President said, "I put in an Attorney General that never took control of the
789 Justice Department, JeffSessions."772 That day, Sessions issued a press
790 statement that said, "I took control of the Department of Justice the day I was
791 sworn in .... While I am Attorney General, the actions of the Department of
792 Justice will not be improperly influenced by political considerations."773 The
793 next day, the President tweeted a response: '"Department of Justice will not be
794 improperly influenced by political considerations.' Jeff, this is GREAT, what
795 everyone wants, so look into all of the corruption on the 'other side' including
796 deleted Emails, Corney lies & leaks, Mueller conflicts, McCabe, Strzok, Page,
797 Ohr, FISA abuse, Christopher Steele & his phony and corrupt Dossier, the Clinton
798 Foundation, illegal surveillance of Trump campaign, Russian collusion by Dems
799 -and so much more. Open up the papers & documents without redaction? Come on
800 Jeff, you can do it, the country is waiting!"774 On November 7, 2018, the day
801 after the midterm elections, the President replaced Sessions with Sessions's
802 chief of staff as Acting Attorney General.775 Analysis In analyzing the
803 President's efforts to have Sessions unrecuse himself and regain control of the
804 Russia investigation, the following considerations and evidence are relevant to
805 the elements of obstruction of justice: a. Obstructive act. To determine if the
806 President's effo11s to have the Attorney General unrecuse could qualify as an
807 obstructive act, it would be necessary to assess evidence on whether those
808 actions would naturally impede the Russia investigation. That inquiry would take
809 into account the supervisory role that the Attorney General, if unrecused, would
810 play in the Russia investigation. It also would have to take into account that
811 the Attorney General's recusal covered ("Jeff Sessions should be ashamed of
812 himself for allowing this total HOAX to get started in the first place!"). 769
813 @realDonaldTrump 6/5/18 (7:31 a.m. ET) Tweet. 770 @realDonaldTrump 8/1 /18 (9:24
814 a.m. ET) Tweet. 771 Fox & Friends Interview of President Trump, Fox News (Aug.
815 23, 2018). 772 Fox & Friends Interview of President Trump, Fox News (Aug. 23,
816 2018). 773 Sessions 8/23/18 Press Statement. 774 @real Donald Trump 8/24/18 (6:
817 17 a.m. ET) Tweet;@ realDonaldTrump 8/24/18 (6:28 a.m. ET) Tweet. 775
818 @realDonaldTrump 11/7/18 (2:44 p.m. ET) Tweet. I 11
819
820RESULT: 18
821
822PAGE: 336
823
824TEXT:
825
826 U.S. Department of Justice Attorf!e::,? '.Vork Proe1:1et // May Cof!taifl
827 Material Proteetee Urtt:ler Fet:I. R. Crim. P. 6(e) here. Doesn't mean that
828 anybody should rely on it. ... Big signal is, nobody has been pardoned yet.
829 ,,s61 On July 31, 2018, Manafort's criminal trial began in the Eastern District
830 of Virginia, generating substantial news coverage.862 The next day, the
831 President tweeted, "This is a terrible situation and Attorney General Jeff
832 Sessions should stop this Rigged Witch Hunt right now, before it continues to
833 stain our country any further. Bob Mueller is totally conflicted, and his 17
834 Angry Democrats that are doing his dirty work are a disgrace to USA!"863 Minutes
835 later, the President tweeted, "Paul Manafort worked for Ronald Reagan, Bob Dole
836 and many other highly prominent and respected political leaders. He worked for
837 me for a very short time. Why didn't government tell me that he was under
838 investigation. These old charges have nothing to do with Collusion-a Hoax!"864
839 Later in the day, the President tweeted, "Looking back on history, who was
840 treated worse, Alfonse Capone, legendary mob boss, killer and 'Public Enemy
841 Number One,' or Paul Manafort, political operative & Reagan/Dole darling, now
842 serving solitary confinement-although convicted of nothing? Where is the Russian
843 Collusion?"865 The President's tweets about the Manafort trial were widely
844 covered by the press.866 When asked about the President's tweets, Sanders told
845 the press, "Certainly, the President's been clear. He thinks Paul Manafort's
846 been treated unfairly."867 On August 16, 2018, the Manafort case was submitted
847 to the jury and deliberations began. At that time, Giuliani had recently
848 suggested to reporters that the Special Counsel investigation needed to be "done
849 in the next two or three weeks,"868 and media stories reported that a Manafort
850 acquittal would add to criticism that the Special Counsel investigation was not
851 worth the time and expense, whereas a conviction could show that ending the
852 investigation would be premature.869 861 State of the Union with Jake Tapper
853 Transcript, CNN (June 17, 2018). 862 See, e.g., Katelyn Polantz, Takeaways from
854 day one of the Paul Manafort trial, CNN (July 31, 2018); Frank Bruni, Paul
855 Manafort 's Trial Is Donald Trump's, Too, New York Times Opinion (July 31,
856 2018); Rachel Weiner et al., Paul Manafort trial Day 2: Witnesses describe
857 extravagant clothing purchases, home remodels, lavish cars paid with wire
858 transfers, Washington Post (Aug. 1, 2018). 863 @realDonaldTrump 8/1/18 (9:24
859 a.m. ET) Tweet. Later that day, when Sanders was asked about the President's
860 tweet, she told reporters, "It's not an order. It's the President's opinion."
861 Sarah Sanders, White House Daily Briefing, C-SPAN (Aug. 1, 2018). 864
862 @realDonaldTrump 8/1/18 (9:34 a.m. ET) Tweet. 865 @realDonaldTrump 8/1/18 (11
863 :35 a.m. ET) Tweet. 866 See, e.g., Carol D. Leonnig et al., Trump calls Manafort
864 prosecution "a hoax," says Sessions should stop Mueller investigation "right
865 now", Washington Post (Aug. 1, 2018); Louis Nelson, Trump claims Manafort case
866 has "nothing to do with collusion", Politico (Aug. I. 2018). 867 Sarah Sanders,
867 White House Daily Briefing, C-SPAN (Aug. 1, 2018). 868 Chris Strohm & Shannon
868 Pettypiece, Mueller Probe Doesn't Need to Shut Down Before Midterms, Officials
869 Say, Bloomberg (Aug. 15, 2018). 869 See, e.g., Katelyn Polantz et al., Manafort
870 jury ends first day of deliberations without a verdict, CNN (Aug. 16, 2018);
871 David Voreacos, What Mueller's Manafort Case Means for the Trump Battle to 125
872
873RESULT: 19
874
875PAGE: 402
876
877TEXT:
878
879 U.S. Department of Justice Attorfte)' '.\'erk Product// Ma)' Co1,tai1, Material
880 Protected U1,der Fed. R. Criltl.. P. 6(e) Conway, Kellyanne Counselor to
881 President Trump and manager of the Trump Campaign. Corallo, Mark Spokesman for
882 President Trump's personal legal team (June 2017 -July 2017). Corsi, Jerome
883 Costello, Robert Credico, Randolph (Randy) Davis, Richard (Rick) Jr. Dearborn,
884 Rick Dempsey, Michael Denman, Diana Deripaska, Oleg Dhillon, Uttam Dmitriev, Ki
885 rill Donaldson, Annie Dvorkovich, Arkady Dvoskin, Evgeney Eisenberg, John
886 Erchova, Lana (a/k/a Lana Alexander) Attorney who represented he had a close
887 relationship with Rudolph Giuliani, the President's personal counsel. Radio talk
888 show host who interviewed Julian Assange in 2016. Partner with Pegasus
889 Sustainable Century Merchant Bank, business partner of Paul Manafort, and co-
890 founder of the Davis Manafort lobbying firm. Former White House deputy chief of
891 staff for policy who previously served as chief of staff to Senator Jeff
892 Sessions. Office of Director of National Intelligence official who recalled
893 discussions with Dan Coats after Coats's meeting with President Trump on March
894 22, 2017. Delegate to 2016 Republican National Convention who proposed a
895 platform plank amendment that included armed support for Ukraine. Russian
896 businessman with ties to Vladimir Putin who hired Paul Manafort for consulting
897 work between 2005 and 2009. Attorney in the White House Counsel's Office (Jan.
898 2017-June 2018). Head of the Russian Direct Investment Fund (RDlF); met with
899 Erik Prince in the Seychelles in January 2017 and, separately, drafted a Russia
900 reconciliation plan with Rick Gerson. Chief of staff to White House Counsel
901 Donald McGahn (Jan.2017 -Dec. 2018). Deputy prime minister of the Russian
902 Federation and chairman of the board of directors of the New Economic School in
903 Moscow. He met with Carter Page twice in 2016. Executive of Gen bank in Crimea
904 and associate of Felix Sater. Attorney in the White House Counsel's Office and
905 legal counsel for the National Security Council. Ex-wife of Dmitry Klokov who
906 emailed Ivanka Trump to introduce Klokov to the Trump Campaign in the fall of
907 2015. B-3
908
909RESULT: 20
910
911PAGE: 404
912
913TEXT:
914
915 U.S. Department of Justice /\Horney \l/01?k Prodttet // May Cot?taitt Material
916 Prntectcd Uttdcr Fed. R. Crim. P. 6(c) Hawker, Jonathan Heilbrunn, Jacob Hicks,
917 Hope Holt, Lester Hunt, Jody Ivanov, Igor Ivanov, Sergei Kasowitz, Marc Katsyv,
918 Denis Katsyv, Peter Kaveladze, IrakJi (Ike) Kaverzina, Irina Kelly, John
919 Khalilzad, Zalmay Kilimnik, Konstantin Kislyak, Sergey Klimentov, Denis Harm to
920 Ongoing Matter Public relations consultant at FTI Consulting; worked with Davis
921 Manafort International LLC on public relations campaign in Ukraine. Editor of
922 the National Interest, the periodical that officially hosted candidate Trump's
923 April 2016 foreign policy speech. White House communications director (Aug. 2017
924 -Mar. 2018) and press secretary for the Trump Campaign. NBC News anchor who
925 interviewed President Trump on May 11, 2017. Chief of staff to Attorney General
926 Jeff Sessions (Feb. 2017 -Oct. 2017). President of the Russian International
927 Affairs Council and former Russian foreign minister. Ivan Timofeev told George
928 Papadopoulos that Ivanov advised on arranging a "Moscow visit" for the Trump
929 Campaign. Special representative of Vladimir Putin, former Russian deputy prime
930 minister, and former FSB deputy director. In January 2016, Michael Cohen emailed
931 the Kremlin requesting to speak to Ivanov. President Trump's personal counsel
932 (May 2017 -July 2017). Son of Peter Katsyv; owner of Russian company Prevezon
933 Holdings Ltd. and associate of Natalia Veselnitskaya. Russian businessman and
934 father of Denis Katsyv. Harm to Ongoing Matter Vice president at Crocus Group
935 and Aras Agalarov's deputy in the United States. He participated in the June 9,
936 2016 meeting at Trump Tower between Natalia Veselnitskaya and Trump Campaign
937 officials. Employee of the internet Research Agency, which engaged in an "active
938 measures" social media campaign to interfere in the 2016 U.S. presidential
939 election. White House chief of staff (July 2017 -Jan.2019). U.S. special
940 representative to Afghanistan and former U.S. ambassador. He met with Senator
941 Jeff Sessions during foreign policy dinners put together through the Center for
942 the National Interest. Russian-Ukrainian political consultant and long-time
943 employee of Paul Manafort assessed by the FBI to have ties to Russian
944 intelligence. Former Russian ambassador to the United States and current Russian
945 senator from Mordovia. Employee of the New Economic School who informed high-
946 ranking Russian government officials of Carter Page's July 2016 visit to Moscow.
947 B-5
948
949RESULT: 21
950
951PAGE: 405
952
953TEXT:
954
955 U.S. Department of Justice Atlorrrn)' Werle Prodttet // May CoHtaiH Material
956 Proteeted UHder Fed. R. Crim. P. 6(e) Klimentov, Dmitri Klokov, Dmitry Kobyakov,
957 Anton Krickovic, Andrej Krylova, Aleksandra Kushner, Jared Kuznetsov, Sergey
958 Landrum, Pete Lavrov, Sergey Ledeen, Barbara Ledeen, Michael Ledgett, Richard
959 Lewandowski, Corey Luff, Sandra Lyovochkin, Serhiy Magnitsky, Sergei Brother of
960 Denis Klimentov who contacted Kremlin press secretary Dmitri Peskov about Carter
961 Page's July 2016 visit to Moscow. Executive for PJSC Federal Grid Company of
962 Unified Energy System and former aide to Russia's minister of energy. He
963 communicated with Michael Cohen about a possible meeting between Vladimir Putin
964 and candidate Trump. Advisor to Vladimir Putin and member of the Roscongress
965 Foundation who invited candidate Trump to the St. Petersburg International
966 Economic Forum. Professor at the Higher School of Economics who recommended that
967 Carter Page give a July 2016 commencement address in Moscow. Internet Research
968 Agency employee who worked on "active measures" social media campaign to
969 interfere in the 2016 U.S. presidential election; traveled to the United States
970 under false pretenses in 2014. President Trump's son-in-law and senior advisor
971 to the President. Russian government official at the Russian Embassy to the
972 United States who transmitted Vladimir Putin's congratulations to President-
973 Elect Trump for his electoral victory on November 9, 2016. Advisor to Senator
974 Jeff Sessions who attended the September 2016 meeting between Sessions and
975 Russian Ambassador Sergey Kislyak. Russian minister of foreign affairs and
976 former permanent representative of Russia to the United Nations. Senate staffer
977 and associate of Michael Flynn who sought to obtain Hillary Clinton emails
978 during the 2016 U.S. presidential campaign period. Member of the Presidential
979 Transition Team who advised on foreign policy and national security matters.
980 Deputy director of the National Security Agency (Jan.2014-Apr. 2017); present
981 when President Trump called Michael Rogers on March 26, 2017. Campaign manager
982 for the Trump Campaign (Jan. 2015 -June 2016). Legislative director for Senator
983 Jeff Sessions; attended a September 2016 meeting between Sessions and Russian
984 Ambassador Sergey Kislyak. Member of Ukrainian parliament and member of
985 Ukrainian political party, Opposition Bloc Party. Russian tax specialist who
986 alleged Russian government corruption and died in Russian police custody in
987 2009. His death prompted passage of B-6
988
989RESULT: 22
990
991PAGE: 410
992
993TEXT:
994
995 U.S. Department of Justice Attorne)' Wol'lt Prod1:1et // Ma)' CorHaiR Mate,?ial
996 Prnteeted URder Fed. R. Criffl. P. 6(e) Yates, Sally Yatsenko, Sergey Zakharova,
997 Maria Zayed al Nahyan, Mohammed bin Alfa-Bank Acting Attorney General (Jan. 20,
998 2017 -Jan. 30, 2017); Deputy Attorney General (Jan. 10, 2015 -Jan. 30, 2017).
999 Deputy chief financial officer of Gazprom, a Russian state-owned energy company,
1000 and associate of Carter Page. Director of the Russian Ministry of Foreign
1001 Affair's Information and Press Department who received notification of Carter
1002 Page's speech in July 2016 from Denis Klimentov. Crown Prince of Abu Dhabi and
1003 deputy supreme commander of the United Arab Emirates (UAE) armed forces.
1004 Entities and Organizations Center for the National Interest (CNI) Russia's
1005 largest commercial bank, which is headed by Petr Aven. U.S.-based think tank
1006 with expertise in and connections to Russia. CNI's publication, the National
1007 Interest, hosted candidate Trump's foreign policy speech in April 2016. Concord
1008 Crocus Group or Crocus International DCLeaks Democratic Congressional Campaign
1009 Committee Democratic National Committee Duma Gazprom Global Energy Capital, LLC
1010 Global Partners in Diplomacy Umbrella term for Concord Management and
1011 Consulting, LLC and Concord Catering, which are Russian companies controlled by
1012 Yevgeniy Prigozhin. A Russian real-estate and property development company that,
1013 in 2013, hosted the Miss Universe Pageant, and from 2013 through 2014, worked
1014 with the Trump Organization on a Trump Moscow project. Fictitious online persona
1015 operated by the GRU that released stolen documents during the 2016 U.S.
1016 presidential campaign period. Political committee working to elect Democrats to
1017 the House of Representatives; hacked by the GRU in April 2016. Formal governing
1018 body for the Democratic Party; hacked by the GRU in April 2016. Lower House of
1019 the national legislature of the Russian Federation. Russian oil and gas company
1020 majority-owned by the Russian government. Investment and management firm founded
1021 by Carter Page. Event hosted in partnership with the U.S. Department of State
1022 and the Republican National Convention. In 2016, Jeff Sessions and J .D. Gordon
1023 delivered speeches at the event and interacted with Russian Ambassador Sergey
1024 Kislyak. B-11