T6u8JC0f

1
2RESULT: 1
3
4PAGE: 209
5
6TEXT:
7
8  U.S. Department of Justice AUeme~? Werk Pt'etittet // Mey CeHtttifl Meteriel
9  Preteeteti UHtier Fed. R. Crim. P. 6(e) 2. FBI Director Corney Publicly Confirms
10  the Existence of the Russia Investigation in Testimony Before HPSCI
11  ........................................................... 52 3. The President
12  Asks Intelligence Community Leaders to Make Public Statements that he had No
13  Connection to Russia ................................................. 55 4. The
14  President Asks Corney to "Lift the Cloud" Created by the Russia Investigation ..
15  ................................................................................
16  ........................ 57 D. Events Leading Up To and Surrounding the
17  Termination of FBI Director Corney .............................................
18  ............................................................................. 62
19  1. Corney Testifies Before the Senate Judiciary Committee and Declines to Answer
20  Questions About Whether the President is Under Investigation ............. 62 2.
21  The President Makes the Decision to Terminate Corney
22  ...................................... 64 E. The President's Efforts to Remove
23  the Special Counsel.. ........................................... 77 1. The
24  Appointment of the Special Counsel and the President's Reaction ..............
25  78 2. The President Asserts that the Special Counsel has Conflicts ofinterest...
26  .......... 80 3. The Press Reports that the President is Being Investigated for
27  Obstruction of Justice and the President Directs the White House Counsel to Have
28  the Special Counsel Removed ....................................................
29  ................................ 84 F. The President's Efforts to Curtail the
30  Special Counsel Investigation .......................... 90 1. The President
31  Asks Corey Lewandowski to Deliver a Message to Sessions to Curtail the Special
32  Counsel Investigation .........................................................
33  90 2. The President Follows Up with Lewandowski
34  ..................................................... 92 3. The President
35  Publicly Criticizes Sessions in a New York Times Interview ....... 93 4. The
36  President Orders Priebus to Demand Sessions's Resignation
37  ....................... 94 G. The President's Efforts to Prevent Disclosure of
38  Emails About the June 9, 2016 Meeting Between Russians and Senior Campaign
39  Officials ............................... 98 1. The President Learns About the
40  Existence of Emails Concerning the June 9, 2016 Trump Tower Meeting
41  ............................................................................. 98
42  2. The President Directs Communications Staff Not to Publicly Disclose
43  Information About the June 9 Meeting
44  ............................................................... 100 3. The
45  President Directs Trump Jr.'s Response to Press Inquiries About the June 9
46  Meeting ........................................................................
47  ............................ 101 4. The Media Reports on the June 9, 2016
48  Meeting ............................................... 103 H. The President's
49  Further Efforts to Have the Attorney General Take Over the Investigation .......
50  ................................................................................
51  .................. 107 1. The President Again Seeks to Have Sessions Reverse his
52  Recusal. ................... 107 2. Additional Efforts to Have Sessions Unrecuse
53  or Direct Investigations Covered by his Recusal. ...............................
54  ....................................................... 109 ii
55
56RESULT: 2
57
58PAGE: 214
59
60TEXT:
61
62  U.S. Department of Justice Attef'Ae:,? WElf'k Pt1Eltittet // Moy CElAtoiA
63  Motet1iol Pt1eteeteti UAtier Feti. R. Ct1im. P. 6(e) EXECUTIVE SUMMARY TO VOLUME
64  II Our obstruction-of-justice inquiry focused on a series of actions by the
65  President that related to the Russian-interference investigations, including the
66  President's conduct towards the law enforcement officials overseeing the
67  investigations and the witnesses to relevant events. FACTUAL RESULTS OF THE
68  OBSTRUCTION INVESTIGATION The key issues and events we examined include the
69  following: The Campaign's response to reports about Russian support for Trump.
70  During the 2016 presidential campaign, questions arose about the Russian
71  government's apparent support for candidate Trump. After WikiLeaks released
72  politically damaging Democratic Party emails that were reported to have been
73  hacked by Russia, Trump publicly expressed skepticism that Russia was
74  responsible for the hacks at the same time that he and other Campaign officials
75  privately sought information about any further planned WikiLeaks releases. Trump
76  also denied having any business in or connections to Russia, even though as late
77  as June 2016 the Trump Organization had been pursuing a licensing deal for a
78  skyscraper to be built in Russia called Trump Tower Moscow. After the election,
79  the President expressed concerns to advisors that reports of Russia's election
80  interference might lead the public to question the legitimacy of his election.
81  Conduct involving FBI Director Comey and Michael Flynn. In mid-January 2017,
82  incoming National Security Advisor Michael Flynn falsely denied to the Vice
83  President, other administration officials, and FBI agents that he had talked to
84  Russian Ambassador Sergey Kislyak about Russia's response to U.S. sanctions on
85  Russia for its election interference. On January 27, the day after the President
86  was told that Flynn had lied to the Vice President and had made similar
87  statements to the FBI, the President invited FBI Director Corney to a private
88  dinner at the White House and told Corney that he needed loyalty. On February
89  14, the day after the President requested Flynn's resignation, the President
90  told an outside advisor, "Now that we fired Flynn, the Russia thing is over."
91  The advisor disagreed and said the investigations would continue. Later that
92  afternoon, the President cleared the Oval Office to have a one-on-one meeting
93  with Corney. Referring to the FBI's investigation of Flynn, the President said,
94  "I hope you can see your way clear to letting this go, to letting Flynn go. He
95  is a good guy. T hope you can let this go." Shortly after requesting Flynn's
96  resignation and speaking privately to Corney, the President sought to have
97  Deputy National Security Advisor K.T. McFarland draft an internal letter stating
98  that the President had not directed Flynn to discuss sanctions with Kislyak.
99  McFarland declined because she did not know whether that was true, and a White
100  House Counsel's Office attorney thought that the request would look like a quid
101  pro quo for an ambassadorship she had been offered. The President's reaction to
102  the continuing Russia investigation. Tn February 2017, Attorney General Jeff
103  Sessions began to assess whether he had to recuse himself from related
104  investigations because of his role in the Trump Campaign. Tn early March, the
105  President told White House Counsel Donald McGahn to stop Sessions from recusing.
106  And after Sessions announced his recusal on March 2, the President expressed
107  anger at the decision and told advisors that he should have an Attorney General
108  who would protect him. That weekend, the President took Sessions aside at an
109  event and urged him to "unrecuse." Later in March, Corney publicly 3
110
111RESULT: 3
112
113PAGE: 242
114
115TEXT:
116
117  U.S. Department of Justice Atton'te,? Work P!'otittet // May CoHtttifl
118  Matel'ittl Proteeteti UHE:ier Feti. R. Crim. P. 6(e) 4. DOJ Officials Notify the
119  White House of Their Conc_erns About Flynn On January 26, 2017, Acting Attorney
120  General Sally Yates contacted White House Counsel Donald McGahn and informed him
121  that she needed to discuss a sensitive matter with him in person.142 Later that
122  day, Yates and Mary McCord, a senior national security official at the
123  Department of Justice, met at the White House with McGahn and White House
124  Counsel's Office attorney James Burnham.143 Yates said that the public
125  statements made by the Vice President denying that Flynn and Kislyak discussed
126  sanctions were not true and put Flynn in a potentially compromised position
127  because the Russians would know he had lied.144 Yates disclosed that Flynn had
128  been interviewed by the FBI.145 She declined to answer a specific question about
129  how Flynn had performed during that interview, 146 but she indicated that
130  Flynn's statements to the FBI were similar to the statements he had made to
131  Pence and Spicer denying that he had discussed sanctions.147 McGahn came away
132  from the meeting with the impression that the FBI had not pinned Flynn down in
133  lies, 148 but he asked John Eisenberg, who served as legal advisor to the
134  National Security Council, to examine potential legal issues raised by Flynn's
135  FBI interview and his contacts with Kislyak.149 That afternoon, McGahn notified
136  the President that Yates had come to the White House to discuss concerns about
137  Flynn.150 McGahn described what Yates had told him, and the President asked him
138  to repeat it, so he did.151 McGahn recalled that when he described the FBI
139  interview of Flynn, he said that Flynn did not disclose having discussed
140  sanctions with Kislyak, but that there may not have been a clear violation of 18
141  U.S.C. ? I 001.152 The President asked about Section 1001, and McGahn explained
142  the law to him, and also explained the Logan Act. 153 The President 142 Yates 8/
143  15/17 302, at 6. 143 Yates 8/15/17 302, at 6; McCord 7/17/17 302, at 6; SCR0l5
144  000198 (2/15/17 Draft Memorandum to file from the Office of the Counsel to the
145  President). 144 Yates 8/15/17 302, at 6-8; McCord 7/17/17 302, at 6-7; Burnham
146  11/3/17 302, at 4; SCRO l 5_000198 (2/15/17 Draft Memorandum to file from the
147  Office of the Counsel to the President). 145 McGahn 11/30/17 302, at 5; Yates
148  8/15/17 302, at 7; McCord 7/17/17 302, at 7; Burnham 11/3/17 302, at 4. 146
149  Yates 8/15/17 302, at 7; McCord 7/17/17 302, at 7. 147 SCR015_000198 (2/15/17
150  Draft Memorandum to file from the Office of the Counsel to the President);
151  Burnham 11/3/17 302, at 4. 148 McGahn 11/30/17 302, at 5. 149 SCR0l5_000198
152  (2/15/17 Draft Memorandum to file from the Office of the Counsel to the
153  President); McGahn 1 1 /30/17 302, at 6, 8. 150 McGahn 11/30/17 302, at 6;
154  SCR0l5_000278 (White House Counsel's Office Memorandum re: "Flynn Tick Tock")
155  (on January 26, "McGahn IMMEDIATELY advises POTUS"); SCR015_000198 (2/15/ 17
156  Draft Memorandum to file from the Office of the Counsel to the President). 151
157  McGahn 11/30/17 302, at 6. 152 McGahn I 1/30/17 302, at 7. 153 McGahn I 1/30/17
158  302, at 7. 31
159
160RESULT: 4
161
162PAGE: 249
163
164TEXT:
165
166  U.S. Department of Justice Atte,mey We,rk Preiclttet // Ma)' CeiAtaiH Material
167  Pre,teetecl UHcler Fee. R. Criffl. P. 6(e) On February 13, 2017, Priebus told
168  Flynn he had to resign.21? Flynn said he wanted to say goodbye to the President,
169  so Priebus brought him to the Oval Office.211 Priebus recalled that the
170  President hugged Flynn, shook his hand, and said, "We'll give you a good
171  recommendation. You're a good guy?. We'll take care ofyou."212 Talking points on
172  the resignation prepared by the White House Counsel's Office and distributed to
173  the White House communications team stated that McGahn had advised the President
174  that Flynn was unlikely to be prosecuted, and the President had determined that
175  the issue with Flynn was one of trust.213 Spicer told the press the next day
176  that Flynn was forced to resign "not based on a legal issue, but based on a
177  trust issue, [where] a level of trust between the President and General Flynn
178  had eroded to the point where [the President] felt he had to make a change."214
179  7. The President Discusses Flynn with FBI Director Corney On February 14, 2017,
180  the day after Flynn's resignation, the President had lunch at the White House
181  with New Jersey Governor Chris Christie.215 According to Christie, at one point
182  during the lunch the President said, "Now that we fired Flynn, the Russia thing
183  is over."216 Christie laughed and responded, "No way."217 He said, "this Russia
184  thing is far from over" and "[w]e'll be here on Valentine's Day 2018 talking
185  about this."218 The President said, "[w]hat do you mean? Flynn met with the
186  Russians. That was the problem. I fired Flynn. It's over."219 Christie recalled
187  responding that based on his experience both as a prosecutor and as someone who
188  had been investigated, firing Flynn would not end the investigation.220 Christie
189  said there was no way to make an investigation shorter, but a lot of ways to
190  make it longer.221 The President asked Christie what he meant, and Christie told
191  the President not to talk about the investigation even if he was 210 Priebus
192  1/18/18 302, at 9. 211 Priebus 1/18/18 302, at 9; Flynn 11/17/17 302, at 10. 212
193  Priebus 1 /18/18 302, at 9; Flynn 11117/17 302, at 10. 213 SCR004_00600 (2/16/17
194  Email, Burnham to Donaldson). 214 Sean Spicer, White House Daily Briefing,
195  C-SPAN (Feb. 14, 2017). After Flynn pleaded guilty to violating 18 U .S.C. ? I
196  00 I in December 2017, the President tweeted, "I had to fire General Flynn
197  because he lied to the Vice President and the FBI." @realDonaldTrump 12/2/17
198  (12: 14 p.m. ET) Tweet. The next day, the President's personal counsel told the
199  press that he had drafted the tweet. Maegan Vazquez et al., Trump's lawyer says
200  he was behind President's tweet about firing Flynn, CNN (Dec. 3, 2017). 215
201  Christie 2/13/19 302, at 2-3; SCR0l2b_000022 (President's Daily Diary, 2/14/17).
202  216 Christie 2/13/19 302, at 3. 217 Christie 2/13/19 302, at 3. 218 Christie
203  2/13/19 302, at 3. Christie said he thought when the President said "the Russia
204  thing" he was referring to not just the investigations but also press coverage
205  about Russia. Christie thought the more important thing was that there was an
206  investigation. Christie 2/13/19 302, at 4. 219 Christie 2/13/19 302, at 3. 22?
207  Christie 2/13/19 302, at 3. 221 Christie 2/13/19 302, at 3. 38
208
209RESULT: 5
210
211PAGE: 254
212
213TEXT:
214
215  U.S. Department of Justice AttarHe;? Werk Pwettet // Ma;? CaHtaiH :Material
216  Preteetee UHeer Fee. R. Griff!:. P. 6(e) to the request.256 Priebus understood
217  that McFarland was not comfortable with the President's request, and he
218  recommended that she talk to attorneys in the White House Counsel's Office.257
219  McFarland then reached out to Eisenberg.258 McFarland told him that she had been
220  fired from her job as Deputy National Security Advisor and offered the
221  ambassadorship in Singapore but that the President and Priebus wanted a letter
222  from her denying that the President directed Flynn to discuss sanctions with
223  Kislyak.259 Eisenberg advised McFarland not to write the requested letter.260 As
224  documented by McFarland in a contemporaneous "Memorandum for the Record" that
225  she wrote because she was concerned by the President's request: "Eisenberg ...
226  thought the requested email and letter would be a bad idea-from my side because
227  the email would be awkward. Why would T be emailing Priebus to make a statement
228  for the record? But it would also be a bad idea for the President because it
229  looked as if my ambassadorial appointment was in some way a quid pro quo."261
230  Later that evening, Priebus stopped by McFarland's office and told her not to
231  write the email and to forget he even mentioned it.262 Around the same time, the
232  President asked Priebus to reach out to Flynn and let him know that the
233  President still cared about him.263 Priebus called Flynn and said that he was
234  checking in and that Flynn was an American hero. 264 Priebus thought the
235  President did not want Flynn saying bad things about him.265 On March 31, 2017,
236  following news that Flynn had offered to testify before the FBI and
237  congressional investigators in exchange for immunity, the President tweeted,
238  "Mike Flynn should ask for immunity in that this is a witch hunt (excuse for big
239  election loss), by media & Dems, of 256 KTMF _00000047 (McFarland 2/26/17
240  Memorandum_ for the Record) ("I said I did not know whether he did or didn't,
241  but was in Maralago the week between Christmas and New Year's (while Flynn was
242  on vacation in Carribean) and I was not aware of any Flynn-Trump, or Trump-
243  Russian phone calls"); McFarland 12/22/ 17 302, at 17. 257 Priebus 1/18/18 302,
244  at 11. 258 McFarland 12/22/17 302, at 17. 259 McFarland 12/22/17 302, at 17. 26?
245  KTMF _ 00000048 (McFarland 2/26/17 Memorandum for the Record); McFarland
246  12/22/17 302, at 17. 261 KTMF _ 00000048 (McFarland 2/26/ 17 Memorandum for the
247  Record); see McFarland 12/22/ 17 302, at 17. 262 McFarland 12/22/17 302, at 17;
248  KTMF 00000048 (McFarland 2/26/17 Memorandum for the Record). 263 Priebus 1/18/18
249  302, at 9. 264 Priebus 1/18/18 302, at 9; Flynn 1/19/18 302, at 9. 265 Priebus
250  1/18/18 302, at 9-10. 43
251
252RESULT: 6
253
254PAGE: 258
255
256TEXT:
257
258  U.S. Department of Justice AMerf'le)' Werk Preettet // May Cetttaitt Material
259  Preteetee Utteer Fee. R. Griff!. P. 6(e) possessed information damaging to the
260  President that would give the President a personal incentive to end the FBI's
261  inquiry into Flynn's conduct. Evidence does establish that the President
262  connected the Flynn investigation to the FBI's broader Russia investigation and
263  that he believed, as he told Christie, that terminating Flynn would end "the
264  whole Russia thing." Flynn's firing occurred at a time when the media and
265  Congress were raising questions about Russia's interference in the election and
266  whether members of the President's campaign had colluded with Russia. Multiple
267  witnesses recalled that the President viewed the Russia investigations as a
268  challenge to the legitimacy of his election. The President paid careful
269  attention to negative coverage of Flynn and reacted with annoyance and anger
270  when the story broke disclosing that Flynn had discussed sanctions with Kislyak.
271  Just hours before meeting one-on-one with Corney, the President told Christie
272  that firing Flynn would put an end to the Russia inquiries. And after Christie
273  pushed back, telling the President that firing Flynn would not end the Russia
274  investigation, the President asked Christie to reach out to Corney and convey
275  that the President liked him and he was part of "the team." That afternoon, the
276  President cleared the room and asked Corney to "let[] Flynn go." We also sought
277  evidence relevant to assessing whether the President's direction to Corney was
278  motivated by sympathy towards Flynn. In public statements the President
279  repeatedly described Flynn as a good person who had been harmed by the Russia
280  investigation, and the President directed advisors to reach out to Flynn to tell
281  him the President "care[d]" about him and felt bad for him. At the same time,
282  multiple senior advisors, including Bannon, Priebus, and Hicks, said that the
283  President had become unhappy with Flynn well before Flynn was forced to resign
284  and that the President was frequently irritated with Flynn. Priebus said he
285  believed the President's initial reluctance to fire Flynn stemmed not from
286  personal regard, but from concern about the negative press that would be
287  generated by firing the National Security Advisor so early in the
288  Administration. And Priebus indicated that the President's post-firing
289  expressions of support for Flynn were motivated by the President's desire to
290  keep Flynn from saying negative things about him. The way in which the President
291  communicated the request to Corney also is relevant to understanding the
292  President's intent. When the President first learned about the FBI investigation
293  into Flynn, he told McGahn, Bannon, and Priebus not to discuss the matter with
294  anyone else in the White House. The next day, the President invited Corney for a
295  one-on-one dinner against the advice of an aide who recommended that other White
296  House officials also attend. At the dinner, the President asked Corney for
297  "loyalty" and, at a different point in the conversation, mentioned that Flynn
298  had judgment issues. When the President met with Corney the day after Flynn's
299  termination-shortly after being told by Christie that firing Flynn would not end
300  the Russia investigation-the President cleared the room, even excluding the
301  Attorney General, so that he could again speak to Corney alone. The President's
302  decision to meet one-on-one with Corney contravened the advice of the White
303  House Counsel that the President should not communicate directly with the
304  Department of Justice to avoid any appearance of interfering in law enforcement
305  activities. And the President later denied that he cleared the room and asked
306  Corney to "let[] Flynn go"-a denial that would have been unnecessary if he
307  believed his request was a proper exercise of prosecutorial discretion. 47
308
309RESULT: 7
310
311PAGE: 261
312
313TEXT:
314
315  U.s: Department of Justice At:terHey Werk Preettet // MB:)1 CeHtttin Mttterittl
316  Preteetee Under Fee. R. Crim. P. 6(e) language in the Code of Federal
317  Regulations (CFR), which Sessions considered to be clear and decisive.286
318  Sessions thought that any argument that the CFR did not apply to him was "very
319  thin."287 Sessions got the impression, based on calls he received from White
320  House officials, that the President was very upset with him and did not think he
321  had done his duty as Attorney General.288 Shortly after Sessions announced his
322  recusal, the White House Counsel's Office directed that Sessions should not be
323  contacted about the matter.289 Internal White House Counsel's Office notes from
324  March 2, 2017, state "No contact w/Sessions" and "No comms / Serious concerns
325  about obstruction."290 On March 3, the day after Sessions's recusal, McGahn was
326  called into the Oval Office.291 Other advisors were there, including Priebus and
327  Bannon.292 The President opened the conversation by saying, "I don't have a
328  lawyer."293 The President expressed anger at McGahn about the recusal and
329  brought up Roy Cohn, stating that he wished Cohn was his attorney.294 McGahn
330  interpreted this comment as directed at him, suggesting that Cohn would fight
331  for the which I have recused myself to the extent they exist."); see Exec. Order
332  No. 13775, 82 Fed. Reg. 10697 (Feb.14,2017). 286 Sessions 1/17/18 302, at 1-2.
333  28 C.F.R. ? 45.2 provides that "no employee shall participate in a criminal
334  investigation or prosecution ifhe has a personal or political relationship with
335  ... [a]ny person or organization substantially involved in the conduct that is
336  the subject of the investigation or prosecution," and defines "political
337  relationship" as "a close identification with an elected official, a candidate
338  (whether or not successful) for elective, public office, a political party, or a
339  campaign organization, arising from service as a principal adviser thereto or a
340  principal official thereof." 287 Sessions 1/17/18 302, at 2. 288 Sessions I /17
341  /I 8 302, at 3. 289 Donaldson 11/6/17 302, at 11; SC_AD _00123 (Donaldson 3/2/17
342  Notes). It is not clear whether the President was aware of the White House
343  Counsel's Office direction not to contact Sessions about his recusal. 290
344  SC_AD_00123 (Donaldson 3/2/17 Notes). McGahn said he believed the note "No comms
345  / Serious concerns about obstruction" may have referred to concerns McGahn had
346  about the press team saying "crazy things" and trying to spin Sessions's recusal
347  in a way that would raise concerns about obstruction. McGahn l l/30/17 302, at
348  19. Donaldson recalled that "No comms" referred to the order that no one should
349  contact Sessions. Donaldson 11/6/17 302, at 11. 291 McGahn 12/12/17 302, at 2.
350  292 McGahn 12/12/17 302, at 2. 293 McGahn 12/12/17 302, at 2. 294 McGahn
351  12/12/17 302, at 2. Cohn had previously served as a lawyer for the President
352  during his career as a private businessman. Priebus recalled that when the
353  President talked about Cohn, he said Cohn would win cases for him that had no
354  chance, and that Cohn had done incredible things for him. Priebus 4/3/18 302, at
355  5. Bannon recalled the President describing Cohn as a winner and a fixer,
356  someone who got things done. Bannon 2/14/18 302, at 6. 50
357
358RESULT: 8
359
360PAGE: 262
361
362TEXT:
363
364  U.S. Department of Justice Attel'fl:e~? Werk Preclttet // MB:y CetttB:itt
365  MB:teriB:I Preteetea Uttcler Feel. R. Critfl. P. 6(e) President whereas McGahn
366  would not.295 The President wanted McGahn to talk to Sessions about the recusal,
367  but McGahn told the President that DOJ ethics officials had weighed in on
368  Sessions's decision to recuse.296 The President then brought up former Attorneys
369  General Robert Kennedy and Eric Holder and said that they had protected their
370  presidents.297 The President also pushed back on the DOJ contacts policy, and
371  said words to the effect of, "You're telling me that Bobby and Jack didn't talk
372  about investigations? Or Obama didn't tell Eric Holder who to investigate?"298
373  Bannon recalled that the President was as mad as Bannon had ever seen him and
374  that he screamed at McGahn about how weak Sessions was.299 Bannon recalled
375  telling the President that Sessions's recusal was not a surprise and that before
376  the inauguration they had discussed that Sessions would have to recuse from
377  campaign-related investigations because of his work on the Trump Campaign.300
378  That weekend, Sessions and McGahn flew to Mar-a-Lago to meet with the
379  President.301 Sessions recalled that the President pulled him aside to speak to
380  him alone and suggested that Sessions should "unrecuse" from the Russia
381  investigation.302 The President contrasted Sessions with Attorneys General
382  Holder and Kennedy, who had developed a strategy to help their presidents where
383  Sessions had not.303 Sessions said he had the impression that the President
384  feared that the investigation could spin out of control and disrupt his ability
385  to govern, which Sessions could have helped avert if he were still overseeing
386  it.304 On March 5, 2017, the White House Counsel's Office was informed that the
387  FBI was asking for transition-period records relating to Flynn-indicating that
388  the FBI was still actively investigating him.305 On March 6, the President told
389  advisors he wanted to call the Acting Attorney 295 McGahn 12/12/17 302, at 2.
390  296 McGahn 12/12/17 302, at 2. 297 McGahn 12/12/17 302, at 3. Bannon said the
391  President saw Robert Kennedy and Eric Holder as Attorneys General who protected
392  the presidents they served. The President thought Holder always stood up for
393  President Obama and even took a contempt charge for him, and Robert Kennedy
394  always had his brother's back. Bannon 2/14/18 302, at 5. Priebus recalled that
395  the President said he had been told his entire life he needed to have a great
396  lawyer, a "bulldog," and added that Holder had been willing to take a contempt-
397  of-Congress charge for President Obama. Priebus 4/3/18 302, at 5. 298 McGahn
398  12/12/17 302, at 3. 299 Bannon 2/14/18 302, at 5. 300 Bannon 2/14/18 302, at 5.
399  301 Sessions 1/17/18 302, at 3; Hunt 2/1/18 302, at 5; McGahn 12/12/17 302, at
400  3. 302 Sessions 1/17/18 302, at3-4. 303 Sessions 1/17/18 302, at3-4 304 Sessions
401  1 /17/18 302, at 3-4. Hicks recalled that after Sessions recused, the President
402  was angry and scolded Sessions in her presence, but she could not remember
403  exactly when that conversation occurred. Hicks 12/8/17 302, at 13. 305 SC_AD
404  _000 I 37 (Donaldson 3/5/17 Notes); see Donaldson 11/6/17 302, at 13. 51
405
406RESULT: 9
407
408PAGE: 263
409
410TEXT:
411
412  U.S. Department of Justice Attorfl:e,.? Work Protittet // Ma,.? Cofl:taifl:
413  Material Proteetee Ufl:eer Fee. R. Criffl. P. 6(e) General to find out whether
414  the White House or the President was being investigated, although it is not
415  clear whether the President knew at that time of the FBI's recent request
416  concerning Flynn.306 2. FBI Director Corney Publicly Confirms the Existence of
417  the Russia Investigation in Testimony Before HPSCI On March 9, 2017, Corney
418  briefed the "Gang of Eight" congressional leaders about the FBI's investigation
419  of Russian interference, including an identification of the principal U.S.
420  subjects of the investigation.307 Although it is unclear whether the President
421  knew of that briefing at the time, notes taken by Annie Donaldson, then McGahn'
422  s chief of staff, on March 12, 2017, state, "POTUS in panic/chaos ... Need
423  binders to put in front of POTUS. (1) All things related to Russia."308 The week
424  after Corney's briefing, the White House Counsel's Office was in contact with
425  SSCI Chairman Senator Richard Burr about the Russia investigations and appears
426  to have received information about the status of the FBI investigation.309 On
427  March 20, 2017, Corney was scheduled to testify before HPSCI.310 In advance of
428  Corney's testimony, congressional officials made clear that they wanted Corney
429  to provide information about the ongoing FBI investigation.311 Dana Boente, who
430  at that time was the Acting Attorney General for the Russia investigation,
431  authorized Corney to confirm the existence of the Russia investigation and
432  agreed that Corney should decline to comment on whether any particular
433  individuals, including the President, were being investigated.312 306 Donaldson
434  11/6/17 302, at 14; see SC_ AD_ 000168 (Donaldson 3/6/17 Notes) ("POTUS wants to
435  call Dana [then the Acting Attorney General for campaign-related
436  investigations]/ Is investigation I No/ We know something on Flynn/ GSA got
437  contacted by FBI/ There's something hot"). 307 Corney 11/15/17 302, at 13-14;
438  SNS-Classified-0000140-44 (3/8/17 Email, Gauhar to Page et al.). 308 SC_AD
439  _00188 (Donaldson 3/12/18 Notes). Donaldson said she was not part of the
440  conversation that led to these notes, and must have been told about it from
441  others. Donaldson 11/6/17 302, at 13. 309 Donaldson 11/6/17 302, at 14-15. On
442  March 16, 2017, the White House Counsel's Office was briefed by Senator Burr on
443  the existence of "4-5 targets." Donaldson 11 /6/17 302, at 15. The "targets"
444  were identified in notes taken by Donaldson as "Flynn (FBI was ~ooking for phone
445  records"; "Comey~Manafort (Ukr + Russia, not campaign)";~ "Carter Page ($
446  game)"; and "Greek Guy" (potentially referring to George Papadopoulos, later
447  charged with violating 18 U.S.C. ? 1001 for lying to the FBI). SC_AD_00l98
448  (Donaldson 3/16/17 Notes). Donaldson and McGahn both said they believed these
449  were targets ofSSCI. Donaldson 11/6/17 302, at 15; McGahn 12/12/17 302, at 4.
450  But SSCI does not fotmally investigate individuals as "targets"; the notes on
451  their face reference the FBI, the Department of Justice, and Corney; and the
452  notes track the background materials prepared by the FBI for Corney's briefing
453  to the Gang of8 on March 9. See SNS-Classified-0000140-44 (3/8/17 Email, Gauhar
454  to Page et al.); see also Donaldson 11 /6/17 302, at 15 (Donaldson could not
455  rule out that Burr had told McGahn those individuals were the FBI's targets).
456  310 Hearing on Russian Election Tampering Before the House Permanent Select
457  Intelligence Committee, I 15th Cong. (Mar. 20, 2017). 311 Corney 11/15/17 302,
458  at 16; McCabe 8/17/17, at 15; McGahn 12/14/17 302, at I. 312 Boente 1/31/18 302,
459  at 5; Corney I I /15/17 302, at 16-17. 52
460
461RESULT: 10
462
463PAGE: 265
464
465TEXT:
466
467  U.S. Department of Justice At:tort1ey Work Proattet II May Cot1tait1 Material
468  Proteetea Ut1aer Fee. R. Crim. P. 6(e) Press reports following Corney's March 20
469  testimony suggested that the FBI was investigating the President, contrary to
470  what Corney had told the President at the end of the January 6, 2017
471  intelligence assessment briefing.321 McGahn, Donaldson, and senior advisor
472  Stephen Miller recalled that the President was upset with Corney's testimony and
473  the press coverage that followed because of the suggestion that the President
474  was under investigation.322 Notes from the White House Counsel's Office dated
475  March 21, 2017, indicate that the President was "beside himself' over Corney's
476  testimony.323 The President called McGahn repeatedly that day to ask him to
477  intervene with the Department of Justice, and, according to the notes, the
478  President was "getting hotter and hotter, get rid?"324 Officials in the White
479  House Counsel's Office became so concerned that the President would fire Corney
480  that they began drafting a memorandum that examined whether the President needed
481  cause to terminate the FBI director.325 At the President's urging, McGahn
482  contacted Boente several times on March 21, 2017, to seek Boente's assistance in
483  having Corney or the Department of Justice correct the misperception that the
484  President was under investigation.326 Boente did not specifically recall the
485  conversations, although he did remember one conversation with McGahn around this
486  time where McGahn asked if there was a way to speed up or end the Russia
487  investigation as quickly as possible.327 Boente said McGahn told him the
488  President was under a cloud and it made it hard for him to govern.328 Boente
489  recalled telling McGahn that there was no good way to shorten the investigation
490  and attempting to do so could erode confidence in the investigation's
491  conclusions.329 Boente said McGahn agreed and dropped the issue.330 The
492  President also sought to speak with Boente directly, but McGahn told the
493  President that Boente did not want to talk to the President about the request
494  321 E.g., Matt Apuzzo et al., F.B.I. ls Investigating Trump's Russia Ties,
495  Corney Confirms, New York Times (Mar. 20, 20 I 7); Andy Greenberg. The FBI Has
496  Been Investigating Trump's Russia Ties Since July, Wired (Mar. 20, 2017); Julie
497  Borger & Spencer Ackerman, Trump-Russia collusion is being investigated by FBI,
498  Corney confirms, Guardian (Mar. 20, 2017); see Corney 1/6/17 Memorandum, at 2.
499  322 Donaldson 11/6/17 302, at 16-17; S. Miller I 0/31/17 302, at 4; McGahn
500  12/12/17 302, at 5-7. 323 SC_AD_00213 (Donaldson 3/21/17 Notes). The notes from
501  that day also indicate that the President referred to the "Corney bombshell"
502  which "made [him] look like a fool." SC_AD_00206 (Donaldson 3/21/17 Notes). 324
503  SC_AD_00210 (Donaldson 3/21/17 Notes). 325 SCR0l6_000002-05 (White House
504  Counsel's Office Memorandum). White House Counsel's Office attorney Uttam
505  Dhillon did not recall a triggering event causing the White House Counsel's
506  Office to begin this research. Dhmon I 1/21/17 302, at 5. Metadata from the
507  document, which was provided by the White House, establishes that it was created
508  on March 21, 2017. 326 Donaldson 11/6/17 302, at 16-21; McGahn 12/12/17 302, at
509  5-7. 327 Boente 1/31/18 302, at 5. 328 Boente 1/31 /I 8 302, at 5. 329 Boente
510  1/31/18 302, at 5. 330 Boente 1/31/18 302, at 5. 54
511
512RESULT: 11
513
514PAGE: 270
515
516TEXT:
517
518  U.S. Department of Justice Attet'Hey Werle Preattet // May CeHtaifl Material
519  Prnteetea UHEler Fee. R. Ct1i1t1. P. 6(e) have the White House Counsel contact
520  DOJ leadership.370 The President said he would take that step.371 The President
521  then ~dded, "Because I have been very loyal to you, very loyal, we had that
522  thing, you know."372 In a televised interview that was taped early that
523  afternoon, the President was asked if it was too late for him to ask Corney to
524  step down; the President responded, "No, it's not too late, but you know, I have
525  confidence in him. We'll see what happens. You know, it's going to be
526  interesting."373 After the interview, Hicks told the President she thought the
527  President's comment about Corney should be removed from the broadcast of the
528  interview, but the President wanted to keep it in, which Hicks thought was
529  unusual.374 Later that day, the President told senior advisors, including McGahn
530  and Priebus, that he had reached out to Corney twice in recent weeks.375 The
531  President acknowledged that McGahn would not approve of the outreach to Corney
532  because McGahn had previously cautioned the President that he should not talk to
533  Corney directly to prevent any perception that the White House was interfering
534  with investigations.376 The President told McGahn that Corney had indicated the
535  FBI could make a public statement that the President was not under investigation
536  if the Department of Justice approved that action.377 After speaking with the
537  President, McGahn followed up with Boente to relay the President's understanding
538  that the FBI could make a public announcement if the Department of Justice
539  cleared it.378 McGahn recalled that Boente said Corney had told him there was
540  nothing obstructive about the calls from the President, but they made Corney
541  uncomfortable.379 According to McGahn, Boente responded that he did not want to
542  issue a statement about the President not being under investigation because of
543  the potential political ramifications and did not want to order Corney to do it
544  because that action could prompt the 37? Corney 4/11/17 Memorandum, at I. 371
545  Corney 4/11 /17 Memorandum, at I. 372 Corney 4/11/17 Memorandum, at I. In a
546  footnote to this statement in his memorandum, Corney wrote, "His use of these
547  words did not fit with the flow of the call, which at that point had moved away
548  from any request ofme, but I have recorded it here as it happened." 373 Maria
549  Bartiromo, Interview with President Trump, Fox Business Network (Apr. 12, 2017);
550  SCR012b_000054 (President's Daily Diary, 4/11/17, reflecting Bartiromo interview
551  from 12:30 -12:55 p.m.). 374 Hicks 12/8/17 302, at 13. 375 Priebus 10/ 13/17
552  302, at 23; McGahn 12/12/17 302, at 9. 376 Priebus 10/13/17 302, at 23; McGahn
553  12/12/17 302, at 9; see McGahn 11/30/17 302, at 9; Dhillon 11 /21/17 302, at 2
554  (stating that White House Counsel attorneys had advised the President not to
555  contact the FBI Director directly because it could create a perception he was
556  interfering with investigations). Later in April, the President told other
557  attorneys in the White House Counsel's Office that he had called Corney even
558  though he knew they had advised against direct contact. Dhillon 11/21/17 302, at
559  2 (recalling that the President said, "I know you told me not to, but I called
560  Corney anyway."). 377 McGahn 12/12/17 302, at 9. 378 McGahn 12/12/17 302, at 9.
561  379 McGahn 12/12/17 302, at 9; see Boente 1 /31/18 302, at 6 (recalling that
562  Corney told him after the March 30, 2017 call that it was not obstructive). 59
563
564RESULT: 12
565
566PAGE: 272
567
568TEXT:
569
570  U.S. Department of Justice At:torRe)' Work Pfot:ittet // Mtt)' CoRtttifl
571  Material Proteetet:i Uflt:ier Fet:i. R. Crim. P. 6(e) Corney's public
572  announcement of the FBT's Russia investigation, is nevertheless relevant to
573  understanding what motivated the President's other actions towards the
574  investigation. The evidence shows that the President was focused on the Russia
575  investigation's implications for his presidency-and, specifically, on dispelling
576  any suggestion that he was under investigation or had links to Russia. In early
577  March, the President attempted to prevent Sessions's recusal, even after being
578  told that Sessions was following DOJ conflict-of-interest rules. After Sessions
579  recused, the White House Counsel's Office tried to cut off further contact with
580  Sessions about the matter, although it is not clear whether that direction was
581  conveyed to the President. The President continued to raise the issue of
582  Sessions's recusal and, when he had the opportunity, he pulled Sessions aside
583  and urged him to unrecuse. The President also told advisors that he wanted an
584  Attorney General who would protect him, the way he perceived Robert Kennedy and
585  Eric Holder to have protected their presidents. The Pr.esident made statements
586  about being able to direct the course of criminal investigations, saying words
587  to the effect of, "You're telling me that Bobby and Jack didn't talk about
588  investigations? Or Obama didn't tell Eric Holder who to investigate?" After
589  Corney publicly confirmed the existence of the FBT's Russia investigation on
590  March 20, 2017, the President was "beside himself' and expressed anger that
591  Corney did not issue a statement correcting any misperception that the President
592  himself was under investigation. The President sought to speak with Acting
593  Attorney General Boente directly and told McGahn to contact Boente to request
594  that Corney make a clarifying statement. The President then asked other
595  intelligence community leaders to make public statements to refute the
596  suggestion that the President had links to Russia, but the leaders told him they
597  could not publicly comment on the investigation. On March 30 and April I I,
598  against the advice of White House advisors who had informed him that any direct
599  contact with the FBI could be perceived as improper interference in an ongoing
600  investigation, the President made personal outreaches to Corney asking him to
601  "lift the cloud" of the Russia investigation by making public the fact that the
602  President was not personally under investigation. Evidence indicates that the
603  President was angered by both the existence of the Russia investigation and the
604  public reporting that he was under investigation, which he knew was not true
605  based on Corney's representations. The President complained to advisors that if
606  people thought Russia helped him with the election, it would detract from what
607  he had accomplished. Other evidence indicates that the President was concerned
608  about the impact of the Russia investigation on his ability to govern. The
609  President complained that the perception that he was under investigation was
610  hurting his ability to conduct foreign relations, particularly with Russia. The
611  President told Coats he "can't do anything with Russia," he told Rogers that
612  "the thing with the Russians" was interfering with his ability to conduct
613  foreign affairs, and he told Corney that "he was trying to run the country and
614  the cloud of this Russia business was making that difficult." 61
615
616RESULT: 13
617
618PAGE: 277
619
620TEXT:
621
622  U.S. Department of Justice Attei=Re)' Wei=lc Pi=eti1:1et // Mil)' CeRtaiR
623  Matei=ial Pi=eteeteti Uruier Feti. R. Criffi. P. 6(e) Miller and conveyed that
624  the decision had been made and was not up for discussion.417 The President told
625  the group that Miller had researched the issue and determined the President had
626  the authority to terminate Corney without cause.418 In an effort to slow down
627  the decision-making process, McGahn told the President that DOJ leadership was
628  currently discussing Corney's status and suggested that White House Counsel's
629  Office attorneys should talk with Sessions and Rod Rosenstein, who had recently
630  been confirmed as the Deputy Attorney General.419 McGahn said that previously
631  scheduled meetings with Sessions and Rosenstein that day would be an opportunity
632  to find out what they thought about firing Comey.420 At noon, Sessions,
633  Rosenstein, and Hunt met with McGahn and White House Counsel's Office attorney
634  Uttam Dhillon at the White House.421 McGahn said that the President had decided
635  to fire Corney and asked for Sessions's and Rosenstein's views.422 Sessions and
636  Rosenstein criticized Corney and did not raise concerns about replacing him.423
637  McGahn and Dhillon said the fact that neither Sessions nor Rosenstein objected
638  to replacing Corney gave them peace of mind that the President's decision to
639  fire Corney was not an attempt to obstruct justice.424 An Oval Office meeting
640  was scheduled later that day so that Sessions and Rosenstein could discuss the
641  issue with the President.425 At around 5 p.m., the President and several White
642  House officials met with Sessions and Rosenstein to discuss Comey.426 The
643  President told the group that he had watched Corney's May 417 S. Miller I 0/31 /
644  17 302, at I I ( observing that the President started the meeting by saying,
645  "I'm going to read you a letter. Don't talk me out of this. I've made my
646  decision."); Dhillon 11/21/17 302, at 6 (the President announced in an
647  irreversible way that he was firing Corney); Eisenberg 11/29/17 302, at 13 (the
648  President did not leave whether or not to fire Corney up for discussion);
649  Priebus 10/13/17 302, at 25; McGahn 12/12/17 302, at 11-12. 418 Dhillon 302
650  11/21/17, at 6; Eisenberg 11/29/17 302, at 13; McGahn 12/12/_l 7 302, at I 1.
651  419 McGahn 12/12/17 302, at 12, 13; S. Miller 10/31/17 302, at 11; Dhillon
652  11/21/17 302, at 7. Because of the Attorney General's recusal, Rosenstein became
653  the Acting Attorney General for the Russia investigation upon his confirmation
654  as Deputy Attorney General. See 28 U.S.C. ? 508(a) ("In case of a vacancy in the
655  office of Attorney General, or of his absence or disability, the Deputy Attorney
656  General may exercise all the duties of that office"). 420 McGahn 12/12/17 302,
657  at 12. 421 Dhillon 1 l/21/17 302, at 7; McGahn 12/12/17 302, at 13;
658  Gauhar-000056 (Gauhar 5/16/17 Notes); see Gauhar-000056-72 (2/11/19 Memorandum
659  to File attaching Gauhar handwritten notes) ("Ms. Gauhar determined that she
660  likely recorded all these notes during one or more meetings on Tuesday, May 16,
661  2017."). 422 McGahn 12/12/17 302, at 13; see Gauhar-000056 (Gauhar 5/16/17
662  Notes). 423 Dhillon l I /21/17 302, at 7-9; Sessions 1/17/18 302, at 9; McGahn
663  12/12/17 302, at 13. 424 McGahn 12/12/17 302, at 13; Dhillon 11/21/17 302, at 9.
664  425 Hunt-000026 (Hunt 5/8/17 Notes); see Gauhar-000057 (Gauhar 5/16/17 Notes).
665  426 Rosenstein 5/23/17 302, at 2; McGahn 12/12/17 302, at 14; see Gauhar-000057
666  (Gauhar 5/16/17 Notes). 66
667
668RESULT: 14
669
670PAGE: 279
671
672TEXT:
673
674  U.S. Department of Justice AMerHey Werk Prea:t:tet // Mti:)' Genta.if! Material
675  Preteetea: Una:er Fee. R. Crim. P. 6(e) left the meeting, he knew that Corney
676  would be terminated, and he told DOJ colleagues that his own reasons for
677  replacing Corney were "not [the President's] reasons."439 On May 9, Hunt
678  delivered to the White House a letter from Sessions recommending Corney's
679  removal and a memorandum from Rosenstein, addressed to the Attorney General,
680  titled "Restoring Public Confidence in the FBJ."440 McGahn recalled that the
681  President liked the DOJ letters and agreed that they should provide the
682  foundation for a new cover letter from the President accepting the
683  recommendation to terminate Comey.441 Notes taken by Donaldson on May 9
684  reflected the view of the White House Counsel's Office that the President's
685  original termination letter should"[ n Jot [seethe] light of day" and that it
686  would be better to offer"[ n ]o other rationales" for the firing than what was
687  in Rosenstein's and Sessions's memoranda.442 The President asked Miller to draft
688  a new termination letter and directed Miller to say in the letter that Corney
689  had informed the President three times that he was not under investigation.443
690  McGahn, Priebus, and Dhillon objected to including that language, but the
691  President insisted that it be included.444 McGahn, Priebus, and others perceived
692  that language to be the most important part of the letter to 439 Rosenstein
693  5/23/17 302, at 2; Gauhar-000059 (Gauhar 5/16/17 Notes) ("DAG reasons not their
694  reasons [POTUS)"); Gauhar-000060 (Gauhar 5/16/17 Notes)(" 1st draft had a
695  recommendation. Took it out b/c knew decision had already been made."). 440
696  Rosenstein 5/23/17 302, at 4; McGahn 12/12/17 302, at 15; 5/9/17 Letter,
697  Sessions to President Trump ("Based on my evaluation, and for the reasons
698  expressed by the Deputy Attorney General in the attached memorandum, I have
699  concluded that a fresh start is needed at the leadership of the FBI."); 5/9/17
700  Memorandum, Rosenstein to Sessions (concluding with, "The way the Director
701  handled the conclusion of the email investigation was wrong. As a result, the
702  FBI is unlikely to regain public and congressional trust until it has a Director
703  who understands the gravity of the mistakes and pledges never to repeat them.
704  Having refused to admit his errors, the Director cannot be expected to implement
705  the necessary ?corrective actions."). 441 S. Miller 10/31/17 302, at 12; McGahn
706  12/12/17 302, at 15; Hunt-000031 (Hunt 5/9/17 Notes). 442 SC_AD _00342
707  (Donaldson 5/9/17 Notes). Donaldson also wrote "[i]s this the beginning of the
708  end?" because she was worried that the decision to terminate Corney and the
709  manner in which it was carried out would be the end of the presidency. Donaldson
710  11/6/17 302, at 25. 443 S. Miller 10/31/17 302, at 12; McGahn 12/ 12/17 302, at
711  15; Hunt-000032 (Hunt 5/9/17 Notes). 444 McGahn 12/12/17 302, at 15; S. Miller
712  10/31/17 302, at 12; Dhillon 11/21/17 302, at 8, 10; Priebus l 0/13/ I 7 302, at
713  27; Hunt 2/1/18 302, at 14-15; Hunt-000032 (Hunt 5/9/17 Notes). 68
714
715RESULT: 15
716
717PAGE: 281
718
719TEXT:
720
721  U.S. Department of Justice A1:torfle~? Worlc Proettet // Ma:y Cofltttifl
722  Material Proteetee UAeer Fee. R. Crim. P. 6(e) Later that evening, the President
723  told his communications team he was unhappy with the press coverage of Corney's
724  termination and ordered them to go out and defend him.455 The President also
725  called Chris Christie and, according to Christie, said he was getting "killed"
726  in the press over Corney's termination.456 The President asked what he should
727  do.457 Christie asked, "Did you fire [Corney] because of what Rod wrote in the
728  memo?", and the President responded, "Yes."458 Christie said that the President
729  should "get Rod out there" and have him defend the decision.459 The President
730  told Christie that this was a "good idea" and said he was going to call
731  Rosenstein right away.460 That night, the White House Press Office called the
732  Department of Justice and said the White House wanted to put out a statement
733  saying that it was Rosenstein's idea to fire Comey.461 Rosenstein told other DOJ
734  officials that he would not participate in putting out a "false story."462 The
735  President then called Rosenstein directly and said he was watching Fox News,
736  that the coverage had been great, and that he wanted Rosenstein to do a press
737  conference.463 Rosenstein responded that this was not a good idea because if the
738  press asked him, he would tell the truth that Corney's firing was not his
739  idea.464 Sessions also informed the White House Counsel's Office that evening
740  that Rosenstein was upset that his memorandum was being po1trayed as the reason
741  for Corney's termination.465 In an unplanned press conference late in the
742  evening of May 9, 2017, Spicer told reporters, "It was all [Rosenstein]. No one
743  from the White House. It was a DOJ decision."466 That evening and the next
744  morning, White House officials and spokespeople continued to maintain that the
745  455 Spicer 10/16/17 302, at 11; Hicks 12/8/17, at 18; Sanders 7/3/18 302, at 2.
746  456 Christie 2/13/ I 9 302, at 6. 457 Christie 2/13/19 302, at 6. 458 Christie
747  2/13/19 302, at 6. 459 Christie 2/13/19 302, at 6. 46? Christie 2/13/19 302, at
748  6. 461 Gauhar-000071 (Gauhar 5/16/17 Notes); Page Memorandum, at 3 (recording
749  events of 5/16/17); McCabe 9/26/17 302, at 14. 462 Rosenstein 5/23/17 302, at
750  4-5; Gauhar-000059 (Gauhar 5/16/17 Notes). 463 Rosenstein 5/23/17 302, at 4-5;
751  Gauhar-000071 (Gauhar 5/16/17 Notes). 464 Gauhar-000071 (Gauhar 5/16/17 Notes).
752  DOJ notes from the week of Corney's firing indicate that Priebus was "screaming"
753  at the DOJ public affairs office trying to get Rosenstein to do a press
754  conference, and the DOJ public affairs office told Priebus that Rosenstein had
755  told the President he was not doing it. Gauhar-000071-72 (Gauhar 5/16/17 Notes).
756  465 McGahn 12/12/17 302, at 16-17; Donaldson 11/6/17 302, at26-27; Dhillon
757  11/21/17 302, at 11. 466 Jenna Johnson, After Trump fired Corney, White House
758  staff scrambled to explain why, Washington Post (May 10, 2017) (quoting Spicer).
759  70
760
761RESULT: 16
762
763PAGE: 283
764
765TEXT:
766
767  U.S. Department of Justice AUoffle'.Y Work Proeuet // May CoRtaifl Material
768  Proteetee Ufl:eer Fee. R. Criffl. P. 6(e) employees.474 The President said he
769  had received "hundreds" of messages from FBI employees indicating their support
770  for terminating Comey.475 The President also told McCabe that Corney should not
771  have been permitted to travel back to Washington, D.C. on the FBI's airplane
772  after he had been terminated and that he did not want Corney "in the building
773  again," even to collect his belongings.476 When McCabe met with the President
774  that afternoon, the President, without prompting, told McCabe that people in the
775  FBI loved the President, estimated that at least 80% of the FBI had voted for
776  him, and asked McCabe who he had voted for in the 2016 presidential election.477
777  ? In the afternoon of May 10, 2017, deputy press secretary Sarah Sanders spoke
778  to the President about his decision to fire Corney and then spoke to reporters
779  in a televised press conference.478 Sanders told reporters that the President,
780  the Department of Justice, and bipartisan members of Congress had lost
781  confidence in Corney, "[a]nd most importantly, the rank and file of the FBI had
782  lost confidence in their director. Accordingly, the President accepted the
783  recommendation of his Deputy Attorney General to remove James Corney from his
784  position."479 In response to questions from reporters, Sanders said that
785  Rosenstein decided "on his own" to review Corney's performance and that
786  Rosenstein decided "on his own" to come to the President on Monday, May 8 to
787  express his concerns about Corney. When a reporter indicated that the "vast
788  majority" of FBI agents supported Corney, Sanders said, "Look, we've heard from
789  countless members of the FBI that say very different things."48? Following the
790  press conference, Sanders spoke to the President, who told her she did a good
791  job and did not point out any inaccuracies in her comments.481 Sanders told this
792  Office that her reference to hearing from "countless members of the FBI" was a
793  "slip of the tongue."482 She also recalled that her statement in a separate
794  press interview that rank-and-file FBI agents had lost confidence in Corney was
795  a comment she made "in the heat of the moment" that was not founded on
796  anything.483 Also on May I 0, 2017, Sessions and Rosenstein each spoke to McGahn
797  and expressed concern that the White House was creating a narrative that
798  Rosenstein had initiated the decision to 474 McCabe 5/10/l 7 Memorandum, at 1.
799  475 McCabe 5/ I 0/17 Memorandum, at I. 476 McCabe 5/10/17 Memorandum, at I;
800  Rybicki 6/13/17 302, at 2. Corney had been visiting the FBl's Los Angeles office
801  when he found out he had been terminated. Corney 11 /15/17 302, at 22. 477
802  McCabe 5/10/17 Memorandum, at 1-2. McCabe's memorandum documenting his meeting
803  with the President is consistent with notes taken by the White House Counsel's
804  Office. See SC_AD_00347 (Donaldson 5/10/17 Notes). ? 478 Sanders 7/3/18 302, at
805  4; Sarah Sanders, White House Daily Briefing, C-SPAN (May I 0, 2017). 479 Sarah
806  Sanders, White House Daily Briefing, C-SPAN (May I 0, 2017); Sanders 7 /3/ 18
807  302, at 4. 480 Sarah Sanders, White House Daily Briefing, C-SP AN (May I 0,
808  2017). 481 Sanders 7 /3/18 302, at 4. 482 Sanders 7/3/18 302, at 4. 483 Sanders
809  7/3/18 302, at 3. 72
810
811RESULT: 17
812
813PAGE: 284
814
815TEXT:
816
817  U.S. Department of Justice AU6t=l'ley W6rlt Pt=6dttet // Moy Col'ltttil'l
818  Material Pt=6teeted Urtder Fed. R. Critfl. P. 6(e) fire Comey.484 The White
819  House Counsel's Office agreed that it was factually wrong to say that the
820  Department of Justice had initiated Corney's termination,485 and McGahn asked
821  attorneys in the White House Counsel's Office to work with the press office to
822  correct the narrative.486 The next day, on May 11, 2017, the President
823  participated in an interview with Lester Holt. The President told White House
824  Counsel's Office attorneys in advance of the interview that the communications
825  team could not get the story right, so he was going on Lester Holt to say what
826  really happened.487 During the interview, the President stated that he had made
827  the decision to fire Corney before the President met with Rosenstein and
828  Sessions. The President told Holt, "I was going to fire regardless of
829  recommendation . . . . [Rosenstein] made a recommendation. But regardless of
830  recommendation, I was going to fire Corney knowing there was no good time to do
831  it."488 The President continued, "And in fact, when I decided to just do it, I
832  said to myself-I said, you know, this Russia thing with Trump and Russia is a
833  made-up story. It's an excuse by the Democrats for having lost an election that
834  they should've won."489 In response to a question about whether he was angry
835  with Corney about the Russia investigation, the President said, "As far as I'm
836  concerned, I want that thing to be absolutely done properly."490 The President
837  added that he realized his termination of Corney "probably maybe will confuse
838  people" with the result that it "might even lengthen out the investigation," but
839  he "ha[d] to do the right thing for the American people" and Corney was "the
840  wrong man for that position."491 The President described Corney as "a showboat"
841  and "a grandstander," said that "[t]he FBI has been in turmoil," and said he
842  wanted "to have a really competent, capable director."492 The President affirmed
843  that he expected the new FBI director to continue the Russia investigation.493
844  On the evening of May 11, 2017, following the Lester Holt interview, the
845  President tweeted, "Russia must be laughing up their sleeves watching as the
846  U.S. tears itself apart over a Democrat EXCUSE for losing the election."494 The
847  same day, the media reported that the President had demanded that Corney pledge
848  his loyalty to the President in a private dinner shortly 11. 484 McGahn 12/12/17
849  302, at 16-17; Donaldson 11/6/17 302, at 26; see Dhillon 11/21/17 302, at 485
850  Donaldson 11 /6/ 17 302, at 27. 486 McGahn 12/12/17 302, at 17. 487 Dhillon
851  11/21/17 302, at 11. 488 Interview with President Donald Trump, NBC (May 11,
852  2017) Transcript, at 2. 489 Interview with President Donald Trump, NBC (May 11,
853  2017) Transcript, at 2. 490 Interview with President Donald Trump, NBC (May 11,
854  2017) Transcript, at 3. 491 Interview with President Donald Trump, NBC (May 11,
855  2017) Transcript, at 3. 492 Interview with President Donald Trump, NBC (May 11,
856  2017) Transcript, at 1, 5. 493 Interview with President Donald Trump, NBC (May
857  11, 2017) Transcript, at 7. 494 @rea!DonaldTrump 5/11 /l 7 ( 4:34 p.m. ET)
858  Tweet. 73
859
860RESULT: 18
861
862PAGE: 286
863
864TEXT:
865
866  U.S. Department of Justice Atl6ffle)" W6rlt PF6duet // May C6Htttifl Mtttefittl
867  PF6teeteE:i UHder Fed. R. Crim. P. 6(e) though McCabe told the President he had
868  worked "very closely" with Corney and was part of all the decisions made in the
869  Clinton investigation. b. Nexus to a proceeding. The nexus element would be
870  satisfied by evidence showing that a grand jury proceeding or criminal
871  prosecution arising from an FBI investigation was objectively foreseeable and
872  actually contemplated by the President when he terminated Corney. Several facts
873  would be relevant to such a showing. At.the time the President fired Corney, a
874  grand jury had not begun to hear evidence related to the Russia investigation
875  and no grand jury subpoenas had been issued. On March 20, 2017, however, Corney
876  had announced that the FBI was investigating Russia's interference in the
877  election, including "an assessment of whether any crimes were committed." It was
878  widely known that the FBI, as part of the Russia investigation, was
879  investigating the hacking of the DNC's computers-a clear criminal offense. In
880  addition, at the time the President fired Corney, evidence indicates the
881  President knew that Flynn was still under criminal investigation and could
882  potentially be prosecuted, despite the President's February 14, 2017 request
883  that Corney "let[] Flynn go." On March 5, 2017, the White House Counsel's Office
884  was informed that the FBI was asking for transition-period records relating to
885  Flynn-indicating that the FBI was still actively investigating him. The same
886  day, the President told advisors he wanted to call Dana Boente, then the Acting
887  Attorney General for the Russia investigation, to find out whether the White
888  House or the President was being investigated. On March 31, 2017, the President
889  signaled his awareness that Flynn remained in legal jeopardy by tweeting that
890  "Mike Flynn should ask for immunity" before he agreed to provide testimony to
891  the FBI or Congress. And in late March or early April, the President asked
892  McFarland to pass a message to Flynn telling him that the President felt bad for
893  him and that he should stay strong, further demonstrating the President's
894  awareness of Flynn's criminal exposure. c. Intent. Substantial evidence
895  indicates that the catalyst for the President's decision to fire Corney was
896  Corney's unwillingness to publicly state that the President was not personally
897  under investigation, despite the President's repeated requests that Corney make
898  such an announcement. In the week leading up to Corney's May 3, 2017 Senate
899  Judiciary Committee testimony, the President told McGahn that it would be the
900  last straw if Corney did not set the record straight and publicly announce that
901  the President was not under investigation. But during his May 3 testimony,
902  Corney refused to answer questions about whether the President was being
903  investigated. Corney's refusal angered the President, who criticized Sessions
904  for leaving him isolated and exposed, saying "You left me on an island." Two
905  days later, the President told advisors he had decided to fire Corney and
906  dictated a letter to Stephen Miller that began with a reference to the fact that
907  the President was not being investigated: "While I greatly appreciate you
908  informing me that I am not under investigation concerning what I have often
909  stated is a fabricated story on a Trump-Russia relationship .... " The President
910  later asked Rosenstein to include "Russia" in his memorandum and to say that
911  Corney had told the President that he was not under investigation. And the
912  President's final termination letter included a sentence, at the President's
913  insistence and against McGahn's advice, stating that Corney had told the
914  President on three separate occasions that he was not under investigation. The
915  President's other stated rationales for why he fired Corney are not similarly
916  supported by the evidence. The termination letter the President and Stephen
917  Miller prepared in Bedminster 75
918
919RESULT: 19
920
921PAGE: 290
922
923TEXT:
924
925  U.S. Department of Justice Attorne,-? Work Proattet// Me:y Coftte:ifl Material
926  Proteetea Uflcler Fe?!. R. Criffl. P. 6(e) The President then told Sessions he
927  should resign as Attorney General.509 Sessions agreed to submit his resignation
928  and left the Oval Office.510 Hicks saw the President shortly after Sessions
929  departed and described the President as being extremely upset by the Special
930  Counsel's appointment.511 Hicks said that she had only seen the President like
931  that one other time, when the Access Hollywood tape came out during the
932  campaign.512 The next day, May 18, 2017, FBI agents delivered to McGahn a
933  preservation notice that discussed an investigation related to Corney's
934  termination and directed the White House to preserve all relevant documents.513
935  When he received the letter, McGahn issued a document hold to White House staff
936  and instructed them not to send out any burn bags over the weekend while he
937  sorted things out.514 Also on May 18, Sessions finalized a resignation letter
938  that stated, "Pursuant to our conversation of yesterday, and at your request, I
939  hereby offer my resignation."515 Sessions, accompanied by Hunt, brought the
940  letter to the White House and handed it to the President.516 The President put
941  the resignation letter in his pocket and asked Sessions several times whether he
942  wanted to continue serving as Attorney General.517 Sessions ultimately told the
943  President he wanted to stay, but it was up to the President. 518 The President
944  said he wanted Sessions to stay.519 At the conclusion of the meeting, the
945  President shook Sessions's hand but did not return the resignation letter.520
946  When Priebus and Bannon learned that the President was holding onto Sessions's
947  resignation letter, they became concerned that it could be used to influence the
948  Department of Justice.521 Priebus told Sessions it was not good for the
949  President to have the letter because it 509 Hunt-000041 (Hunt 5/17/17 Notes);
950  Sessions 1/17/18 302, at 14. 510 Hunt-000041 (Hunt 5/17/17 Notes); Sessions
951  1/17/18 302, at 14. 511 Hicks 12/8/17 302, at 21. 512 Hicks 12/8/17 302, at 21.
952  The Access Hollywood tape was released on October 7, 2016, as discussed in
953  Volume I, Section III.D.1, supra. 513 McGahn 12/14/17 302, at 9;
954  SCR015_000175-82 (Undated Draft Memoranda to White House Staff). 514 McGahn
955  12/14/17 302, at 9; SCRO 15_0001 75-82 (Undated Draft Memoranda to White House
956  Staff). The White House Counsel's Office had previously issued a document hold
957  on February 27, 2017. SCRO 15_000171 (2/17 /17 Memorandum from McGahn to
958  Executive Office of the President Staff). 515 Hunt-000047 (Hunt 5/18/17 Notes);
959  5/18/17 Letter, Sessions to President Trump (resigning as Attorney General). 516
960  Hunt-000047-49 (Hunt 5/18/17 Notes); Sessions 1/17/18 302, at 14. 517
961  Hunt-000047-49 (Hunt 5/18/17 Notes); Sessions 1/17/18 302, at 14. 518
962  Hunt-000048-49 (Hunt 5/18/17 Notes); Sessions 1/17/I 8 302, at 14. 519 Sessions
963  1/17/18 302, at 14. 520 Hunt-000049 (Hunt 5/18/17 Notes). 521 Hunt-000050-51
964  (Hunt 5/18/17 Notes). 79
965
966RESULT: 20
967
968PAGE: 293
969
970TEXT:
971
972  U.S. Department of Justice A~erHe~? \\'erk Predttet // Moy CeHtoiH Material
973  Preteeted UHaer Fee. R:. Crim. P. 6(e) just[ice]."541 McGahn told the President
974  that his "biggest exposure" was not his act of firing Corney but his "other
975  contacts" and "calls," and his "ask re: Flynn."542 By the time McGahn provided
976  this advice to the President, there had been widespread reporting on the
977  President's request for Corney's loyalty, which the President publicly denied;
978  his request that Corney "let[] Flynn go," which the President also denied; and
979  the President's statement to the Russian Foreign Minister that the termination
980  of Corney had relieved "great pressure" related to Russia, which the President
981  did not deny.543 On June 8, 2017, Corney testified before Congress about his
982  interactions with the President before his termination, including the request
983  for loyalty, the request that Corney "let[] Flynn go," and the request that
984  Corney "lift the cloud" over the presidency caused by the ongoing
985  investigation.544 Corney's testimony led to a series of news reports about
986  whether the President had obstructedjustice.545 On June 9, 2017, the Special
987  Counsel's Office informed the White House Counsel's Office that investigators
988  intended to interview intelligence community officials who had allegedly been
989  asked by the President to push back against the Russia investigation.546 On
990  Monday, June 12, 2017, Christopher Ruddy, the chief executive ofNewsmax Media
991  and a longtime friend of the President's, met at the White House with Priebus
992  and Bannon.547 Ruddy recalled that they told him the President was strongly
993  considering firing the Special Counsel 541 SC_AD_00361 (Donaldson 5/31/17Notes).
994  542 SC AD 00361 (Donaldson 5/31 / 17 Notes). 543 See, e.g., Michael S. Schmidt,
995  In a Private Dinner, Trump Demanded Loyalty. Corney Demurred., New York Times
996  (May 11, 2017); Michael S. Schmidt, Corney Memorandum Says Trump Asked Him to
997  End Flynn Investigation, New York Times (May 16, 2017); Matt Apuzzo et al.,
998  Trump Told Russians That Firing 'Nut Job' Corney Eased Pressure From
999  Investigation, New York Times (May 19, 2017). 544 Hearing on Russian Election
1000  Interference Before the Senate Select Intelligence Committee, I 15th Cong. (June
1001  8, 2017) (Statement for the Record of James B. Corney, former Director of the
1002  FBI, at 5-6). Corney testified that he deliberately caused his memorandum
1003  documenting the February 14, 2017 meeting to be leaked to the New York Times in
1004  response to a tweet from the President, sent on May 12, 2017, that stated "James
1005  Corney better hope that there are no 'tapes' of our conversations before he
1006  starts leaking to the press!," and because he thought sharing the memorandum
1007  with a reporter "might prompt the appointment of a special counsel." Hearing on
1008  Russian Election Interference Before the Senate Select Intelligence Committee,
1009  115th Cong. (June 8, 2017) (CQ Cong. Transcripts, at 55) (testimony by James B.
1010  Corney, former Director of the FBI). 545 See, e.g., Matt Zapotosky, Corney lays
1011  out the case that Trump obstructed justice, Washington Post (June 8, 2017)
1012  ("Legal analysts said Corney's testimony clarified and bolstered the case that
1013  the president obstructed justice."). 546 6/9/17 Email, Special Counsel's Office
1014  to the White House Counsel's Office. This Office made the notification to give
1015  the White House an opportunity to invoke executive privilege in advance of the
1016  interviews. On June 12, 2017, the Special Counsel's Office interviewed Admiral
1017  Rogers in the presence of agency counsel. Rogers 6/12/17 302, at I. On June 13,
1018  the Special Counsel's Office interviewed Ledgett. Ledgett 6/13/17 302, at I. On
1019  June 14, the Office interviewed Coats and other personnel from his office. Coats
1020  6/14/17 302, at 1; Gistaro 6/14/17 302, at I; Culver 6/14/17 302, at I. 547
1021  Ruddy 6/6/18 302, at 5. 82
1022
1023RESULT: 21
1024
1025PAGE: 295
1026
1027TEXT:
1028
1029  U.S. Department of Justice Ath:>fRey \\'erk Preattet // Ma,? CeRtaiR Material
1030  Preteetecl URcler Fea. R. Crim. P. 6(e) Office informed the Acting Attorney
1031  General's office about the areas of concern raised by the President's counsel
1032  and told the President's counsel that their concerns had been communicated to
1033  Rosenstein so that the Department of Justice could take any appropriate
1034  action.560 3. The Press Reports that the President is Being Investigated for
1035  Obstruction of Justice and the President Directs the White House Counsel to Have
1036  the Special Counsel Removed On the evening of June l 4, 20 l 7, the Washington
1037  Post published an article stating that the Special Counsel was investigating
1038  whether the President had attempted to obstructjustice.561 This was the first
1039  public report that the President himself was under investigation by the Special
1040  Counsel's Office, and cable news networks quickly picked up on the report.562
1041  The Post story stated that the Special Counsel was interviewing intelligence
1042  community leaders, including Coats and Rogers, about what the President had
1043  asked them to do in response to Corney's March 20, 20 l 7 testimony; that the
1044  inquiry into obstruction marked "a major turning point" in the investigation;
1045  and that while "Trump had received private assurances from then-FBI Director
1046  James B. Corney starting in January that he was not personally under
1047  investigation," "[ o ]fficials say that changed shortly after Corney's
1048  firing."563 That evening, at approximately l 0:3 l p.m., the President called
1049  McGahn on McGahn' s personal cell phone and they spoke for about l 5 minutes.564
1050  McGahn did not have a clear memory of the call but thought they might have
1051  discussed the stories reporting that the President was under investigation.565
1052  Beginning early the next day, June 15, 2017, the President issued a series of
1053  tweets acknowledging the existence of the obstruction investigation and
1054  criticizing it. He wrote: "They made up a phony collusion with the Russians
1055  story, found zero proof, so now they go for obstruction of justice on the phony
1056  story. Nice";566 "You are witnessing the single greatest WITCH HUNT in American
1057  political history-led by some very bad and conflicted people!";567 and "Crooked
1058  H destroyed phones w/ hammer, 'bleached' emails, & had husband meet w/AG days
1059  560 Special Counsel's Office Attorney 6/15/17 Notes. 561 Devlin Barrett et al.,
1060  Special counsel is investigating Trump for possible obstruction of justice,
1061  officials say, Washington Post (June 14, 2017). 562 CNN, for example, began
1062  running a chyron at 6:55 p.m. that stated: "WASH POST: MUELLER INVESTIGATING
1063  TRUMP FOR OBSTRUCTION OF JUSTICE." CNN, (June 14, 2017, published online at 7:
1064  15 p.m. ET). 563 Devlin Barrett et al., Special counsel is investigating Trump
1065  for possible obstruction of justice, officials say, Washington Post (June 14,
1066  2017). 564 SCR026_000183 (President's Daily Diary, 6/14/17) (reflecting call
1067  from the President to McGahn on 6/14/17 with start time 10:31 p.m. and end time
1068  10:46 p.m.); Call Records of Don McGahn. 565 McGahn 2/28/ 19 302, at 1-2. McGahn
1069  thought he and the President also probably talked about the investiture ceremony
1070  for Supreme Court Justice Neil Gorsuch, which was scheduled for the following
1071  day. McGahn 2/28/18 302, at 2. 566 @rea!DonaldTrump 6/15/ l 7 (6:55 a.m. ET)
1072  Tweet. 567 @realDonaldTrump 6/15/17 (7:57 a.m. ET) Tweet. 84
1073
1074RESULT: 22
1075
1076PAGE: 296
1077
1078TEXT:
1079
1080  U.S. Department of Justice Attemey Werk Predttct // May Cefl:taifl: Material
1081  Prntcctcd Ufl:der Fed. R. Crim. P. 6(e) before she was cleared-& they talk about
1082  obstruction?"568 The next day, June 16, 2017, the President wrote additional
1083  tweets criticizing the investigation: "After 7 months of investigations &
1084  committee hearings about my 'collusion with the Russians,' nobody has been able
1085  to show any proof. Sad!";569 and "I am being investigated for firing the FBI
1086  Director by the man who told me to fire the FBI Director! Witch Hunt."570 On
1087  Saturday, June 17, 2017, the President called McGahn and directed him to have
1088  the Special Counsel removed.571 McGahn was at home and the President was at Camp
1089  David.572 In interviews with this Office, McGahn recalled that the President
1090  called him at home twice and on both occasions directed him to call Rosenstein
1091  and say that Mueller had conflicts that precluded him from serving as Special
1092  Counsel.573 On the first call, McGahn recalled that the President said something
1093  like, "You gotta do this. You gotta call Rod."574 McGahn said he told the
1094  President that he would see what he could do.575 McGahn was perturbed by the
1095  call and did not intend to act on the request.576 He and other advisors believed
1096  the asserted conflicts were "silly" and "not real," and they had previously
1097  communicated that view to the President.577 McGahn also had made clear to the
1098  President that the White House Counsel's Office should not be involved in any
1099  effort to press the issue of conflicts.578 McGahn was concerned about having any
1100  role in asking the Acting Attorney General to fire the Special Counsel because
1101  he had grown up in the Reagan era and wanted to be more like Judge 568
1102  @realDonaldTrump 6/15/17 (3:56 p.m. ET) Tweet. 569 @rea!DonaldTrump 6/16/17
1103  (7:53 a.m. ET) Tweet. 570 @realDonaldTrump 6/16/17 (9:07 a.m. ET) Tweet. 571
1104  McGahn 3/8/18 302, at 1-2; McGahn 12/14/17 302, at 10. 572 McGahn 3/8/18 302, at
1105  I, 3; SCR026_000196 (President's Daily Diary, 6/17/17) (records showing
1106  President departed the White House at 11 :07 a.m. on June 17, 2017, and arrived
1107  at Camp David at 11 :37 a.m.). 573 McGahn 3/8/ l 8 302, at 1-2; McGahn 12/14/ 17
1108  302, at I 0. Phone records show that the President called McGahn in the
1109  afternoon on June 17, 2017, and they spoke for approximately 23 minutes.
1110  SCR026_000196 (President's Daily Diary, 6/17/17) (reflecting call from the
1111  President to McGahn on 6/17/17 with start time 2:23 p.m. and end time 2:46
1112  p.m.); (Call Records of Don McGahn). Phone records do not show another call
1113  between McGahn and the President that day. Although McGahn recalled receiving
1114  multiple calls from the President on the same day, in light of the phone records
1115  he thought it was possible that the first call instead occurred on June 14,
1116  2017, shortly after the press reported that the President was under
1117  investigation for obstruction of justice. McGahn 2/28/19 302, at 1-3. While
1118  McGahn was not certain of the specific dates of the calls, McGahn was confident
1119  that he had at least two phone conversations with the President in which the.
1120  President directed him to call the Acting Attorney General to have the Special
1121  Counsel removed. McGahn 2/28/19 302, at 1-3. 574 McGahn 3/8/ 18 302, at I. 575
1122  McGahn 3/8/18 302, at 1. 576 McGahn 3/8/18 302, at 1. 577 McGahn 3/8/ I 8 302,
1123  at 1-2. 578 McGahn 3/8/18 302, at 1-2. 85
1124
1125RESULT: 23
1126
1127PAGE: 301
1128
1129TEXT:
1130
1131  U.S. Department of Justice AtterHe'.'," 1Nork Proettet // May CoHtttifl Material
1132  Preteetee UHeer Fee. R. Criffl. P. 6(e) to avoid: a criminal investigation into
1133  his own conduct that was the subject of widespread media attention. The evidence
1134  indicates that news of the obstruction investigation prompted the President to
1135  call McGahn and seek to have the Special Counsel removed. By mid-June, the
1136  Department of Justice had already cleared the Special Counsel's service and the
1137  President's advisors had told him that the claimed conflicts of interest were
1138  "silly" and did not provide a basis to remove the Special Counsel. On June 13,
1139  2017, the Acting Attorney General testified before Congress that no good cause
1140  for removing the Special Counsel existed, and the President dictated a press
1141  statement to Sanders saying he had no intention of firing the Special Counsel.
1142  But the next day, the media reported that the President was under investigation
1143  for obstruction of justice and the Special Counsel was interviewing witnesses
1144  about events related to possible obstruction-spurring the President to write
1145  critical tweets about the Special Counsel's investigation. The President called
1146  McGahn at home that night and then called him on Saturday from Camp David. The
1147  evidence accordingly indicates that news that an obstruction investigation had
1148  been opened is what led the President to call McGahn to have the Special Counsel
1149  terminated. There also is evidence that the President knew that he should not
1150  have made those calls to McGahn. The President made the calls to McGahn after
1151  McGahn had specifically told the President that the White House Counsel's
1152  Office-and McGahn himself-could not be involved in pressing conflicts claims and
1153  that the President should consult with his personal counsel if he wished to
1154  raise conflicts. Instead of relying on his personal counsel to submit the
1155  conflicts claims, the President sought to use his official powers to remove the
1156  Special Counsel. And after the media reported on the President's actions, he
1157  denied that he ever ordered McGahn to have the Special Counsel terminated and
1158  made repeated efforts to have McGahn deny the story, as discussed in Volume II,
1159  Section II.I, infra. Those denials are contrary to the evidence and suggest the
1160  President's awareness that the direction to McGahn could be seen as improper. F.
1161  The President's Efforts to Curtail the Special Counsel Investigation Overview
1162  Two days after the President directed McGahn to have the Special Counsel
1163  removed, the President made another attempt to affect the course of the Russia
1164  investigation. On June 19, 2017, the President met one-on-one with Corey
1165  Lewandowski in the Oval Office and dictated a message to be delivered to
1166  Attorney General Sessions that would have had the effect of limiting the Russia
1167  investigation to future election interference only. One month later, the
1168  President met again with Lewandowski and followed up on the request to have
1169  Sessions limit the scope of the Russia investigation. Lewandowski told the
1170  President the message would be delivered soon. Hours later, the President
1171  publicly criticized Sessions in an unplanned press interview, raising questions
1172  about Sessions's job security. 1. The President Asks Corey Lewandowski to
1173  Deliver a Message to Sessions to Curtail the Special Counsel Investigation On
1174  June 19, 2017, two days after the President directed McGahn to have the Special
1175  Counsel removed, the President met one-on-one in the Oval Office with his former
1176  campaign 90
1177
1178RESULT: 24
1179
1180PAGE: 324
1181
1182TEXT:
1183
1184  U.S. Department of Justice Alteme~' Werk Preclttet // Ma)' Cet1:tait1: Material
1185  Preteetecl URcler Fecl. R. Crit'l'I. P. 6(e) presidents. A reasonable inference
1186  from those statements and the President's actions is that the President believed
1187  that an unrecused Attorney General would play a protective role and could shield
1188  the President from the ongoing Russia investigation. I. The President Orders
1189  McGahn to Deny that the President Tried to Fire the Special Counsel Overview In
1190  late January 2018, the media reported that in June 2017 the President had
1191  ordered McGahn to have the Special Counsel fired based on purported conflicts of
1192  interest but McGahn had refused, saying he would quit instead. After the story
1193  broke, the President, through his personal counsel and two aides, sought to have
1194  McGahn deny that he had been directed to remove the Special Counsel. Each time
1195  he was approached, McGahn responded that he would not refute the press accounts
1196  because they were accurate in reporting on the President's effort to have the
1197  Special Counsel removed. The President later personally met with McGahn in the
1198  Oval Office with only the Chief of Staff present and tried to get McGahn to say
1199  that the President never ordered him to fire the Special Counsel. McGahn refused
1200  and insisted his memory of the President's direction to remove the Special
1201  Counsel was accurate. In that same meeting, the President challenged McGahn for
1202  taking notes of his discussions with the President and asked why he had told
1203  Special Counsel investigators that he had been directed to have the Special
1204  Counsel removed. Evidence I. The Press Reports that the President Tried to Fire
1205  the Special Counsel On January 25, 2018, the New York Times reported that in
1206  June 2017, the President had ordered McGahn to have the Department of Justice
1207  fire the Special Counsel.777 According to the article, "[a]mid the first wave of
1208  news media reports that Mr. Mueller was examining a possible obstruction case,
1209  the president began to argue that Mr. Mueller had three conflicts of interest
1210  that disqualified him from overseeing the investigation."778 The article further
1211  reported that "[a]fter receiving the president's order to fire Mr. Mueller, the
1212  White House counsel ... refused to ask the Justice Department to dismiss the
1213  special counsel, saying he would quit instead."779 The article stated that the
1214  president "ultimately backed down after the White House counsel threatened to
1215  resign rather than carry out the directive."780 After the article was published,
1216  the President 777 Michael S. Schmidt & Maggie Haberman, Trump Ordered Mueller
1217  Fired, but Backed Off When White House Counsel Threatened to Quit, New York
1218  Times (Jan. 25.2018). 778 Michael S. Schmidt & Maggie Haberman, Trump Ordered
1219  Mueller Fired, but Backed Off When White House Counsel Threatened to Quit, New
1220  York Times (Jan.25.2018). 779 Michael S. Schmidt & Maggie Haberman, Trump
1221  Ordered Mueller Fired, but Backed Off When White House Counsel Threatened to
1222  Quit, New York Times (Jan.25.2018). 780 Michael S. Schmidt & Maggie Haberman,
1223  Trump Ordered Mueller Fired, but Backed Off When White House Counsel Threatened
1224  to Quit, New York Times (Jan.25.2018). 113
1225
1226RESULT: 25
1227
1228PAGE: 325
1229
1230TEXT:
1231
1232  U.S. Department of Justice AttorHe)' Werle Prot:ltiet // May Cot1taiH Material
1233  Proteetet:I Ut1t:ler Feel. R. Criffl. P. 6(e) dismissed the story when asked
1234  about it by reporters, saying, "Fake news, folks. Fake news. A typical New York
1235  Times fake story."781 The next day, the Washington Post reported on the same
1236  event but added that McGahn had not told the President directly that he intended
1237  to resign rather than carry out the directive to have the Special Counsel
1238  terminated.782 In that respect, the Post story clarified the Times story, which
1239  could be read to suggest that McGahn had told the President of his intention to
1240  quit, causing the President to back down from the order to have the Special
1241  Counsel fired.783 2. The President Seeks to Have McGahn Dispute the Press
1242  Reports On January 26, 2018, the President's personal counsel called McGahn 's
1243  attorney and said that the President wanted McGahn to put out a statement
1244  denying that he had been asked to tire the Special Counsel and that he had
1245  threatened to quit in protest.784 McGahn's attorney spoke with McGahn about that
1246  request and then called the President's personal counsel to relay that McGahn
1247  would not make a statement.785 McGahn 's attorney informed the President's
1248  personal counsel that the Times story was accurate in reporting that the
1249  President wanted the Special Counsel removed.786 Accordingly, McGahn's attorney
1250  said, although the article was inaccurate in some other respects, McGahn could
1251  not comply with the President's request to dispute the story.787 Hicks recalled
1252  relaying to the President that one of his attorneys had spoken to McGahn's
1253  attorney about the issue.788 781 Sophie Tatum & Kara Scannell, Trump denies he
1254  called for Mueller's firing, CNN (Jan. 26, 2018); Michael S. Schmidt & Maggie
1255  Haberman, Trump Ordered Mueller Fired, but Backed Off When White House Counsel
1256  Threatened to Quit, New York Times (Jan. 25, 2018). 782 The Post article stated,
1257  "Despite internal objections, Trump decided to assert that Mueller had
1258  unacceptable conflicts of interest and moved to remove him from his position. .
1259  . . In response, McGahn said he would not remain at the White House if Trump
1260  went through with the move .... McGahn did not deliver his resignation threat
1261  directly to Trump but was serious about his threat to leave." Rosalind S.
1262  Helderman & Josh Dawsey, Trump moved to fire Mueller in June, bringing White
1263  House counsel to the brink of leaving, Washington Post (Jan. 26, 2018). 783
1264  Rosalind S. Helderman & Josh Dawsey, Trump moved to fire Mueller in June,
1265  bringing White House counsel to the brink of leaving, Washington Post (Jan. 26,
1266  2018); see McGahn 3/8/17 302, at 3-4. 784 McGahn 3/8/ 18 302, at 3 ( agent
1267  note). 785 McGahn 3/8/18 302, at 3 (agent note). 786 McGahn 3/8/18 302, at 3-4
1268  (agent note). 787 McGahn 3/8/18 302, at 4 (agent note). 788 Hicks 3/13/18 302,
1269  at 11. Hicks also recalled that the President spoke on the phone that day with
1270  Chief of Staff John Kelly and that the President said Kelly told him that McGahn
1271  had totally refuted the story and was going to put out a statement. Hicks
1272  3/13/18 302, at 11. But Kelly said that he did not speak to McGahn when the
1273  article came out and did not tell anyone he had done so. Kelly 8/2/18 302, at
1274  1-2. 114
1275
1276RESULT: 26
1277
1278PAGE: 401
1279
1280TEXT:
1281
1282  U.S. Department of Justice At1:on10y 'Nork Produet // May Contain Material
1283  Proteeted Uncler Fed. R. Cril'l'I. P. 6(e) Boyarkin, Viktor Boyd, Charles Boyko,
1284  Yuriy Brand, Rachel Browder, William (Bill) Bulatov, Alexander Burchik, Mikhail
1285  Burck, William Burnham, James Burt, Richard Bystrov, Mikhail Calamari, Matt
1286  Caputo, Michael Chaika, Yuri Christie, Chris Clapper, James Clovis, Samuel Jr.
1287  Coats, Dan Cobb,Ty Cohen, Michael Corney, James Jr. Employee of Russian oligarch
1288  Oleg Deripaska. Chairman of the board of directors at the Center for the
1289  National Interest, a U.S.-based think tank with operations in and connections to
1290  Russia. Member of the Ukrainian political party Opposition Bloc and member of
1291  the Ukrainian parliament. Associate Attorney General (May 2017 -Feb. 2018).
1292  Founder of Hermitage Capital Management who lobbied in favor of the Magnitsky
1293  Act, which imposed financial and travel sanctions on Russian officials. Russian
1294  intelligence official who associated with Carter Page in 2008. Executive
1295  director of the Internet Research Agency, which engaged in an "active measures"
1296  social media campaign to interfere in the 2016 U.S. presidential election.
1297  Personal attorney to Don McGahn, White House Counsel. Attorney in the White
1298  House Counsel's Office who attended January 2017 meetings between Sally Yates
1299  and Donald McGahn. Former U.S. ambassador who had done work Alfa-Bank and was a
1300  board member of the Center for the National Interest. General director of the
1301  Internet Research Agency, which engaged in an "active measures" social media
1302  campaign to interfere in the 2016 U.S. presidential election. Chief operating
1303  officer for the Trump Organization. Trump Campaign advisor. Prosecutor general
1304  of the Russian Federation who also maintained a relationship with Aras Agalarov.
1305  Former Governor of New Jersey. Director of National Intelligence (Aug. 2010
1306  -Jan. 2017). Chief policy advisor and national co-chair of the Trump Campaign.
1307  Director of National Intelligence. Special Counsel to the President (July 2017
1308  -May 2018). Former vice president to the Trump Organization and special counsel
1309  to Donald Trump who spearheaded an effo11 to build a Trump-branded property in
1310  Moscow. He admitted to lying to Congress about the project. Director of the
1311  Federal Bureau of Investigation (Sept. 4, 2013 -May 9, 2017). B-2
1312
1313RESULT: 27
1314
1315PAGE: 402
1316
1317TEXT:
1318
1319  U.S. Department of Justice Attorfte)' '.\'erk Product// Ma)' Co1,tai1, Material
1320  Protected U1,der Fed. R. Criltl.. P. 6(e) Conway, Kellyanne Counselor to
1321  President Trump and manager of the Trump Campaign. Corallo, Mark Spokesman for
1322  President Trump's personal legal team (June 2017 -July 2017). Corsi, Jerome
1323  Costello, Robert Credico, Randolph (Randy) Davis, Richard (Rick) Jr. Dearborn,
1324  Rick Dempsey, Michael Denman, Diana Deripaska, Oleg Dhillon, Uttam Dmitriev, Ki
1325  rill Donaldson, Annie Dvorkovich, Arkady Dvoskin, Evgeney Eisenberg, John
1326  Erchova, Lana (a/k/a Lana Alexander) Attorney who represented he had a close
1327  relationship with Rudolph Giuliani, the President's personal counsel. Radio talk
1328  show host who interviewed Julian Assange in 2016. Partner with Pegasus
1329  Sustainable Century Merchant Bank, business partner of Paul Manafort, and co-
1330  founder of the Davis Manafort lobbying firm. Former White House deputy chief of
1331  staff for policy who previously served as chief of staff to Senator Jeff
1332  Sessions. Office of Director of National Intelligence official who recalled
1333  discussions with Dan Coats after Coats's meeting with President Trump on March
1334  22, 2017. Delegate to 2016 Republican National Convention who proposed a
1335  platform plank amendment that included armed support for Ukraine. Russian
1336  businessman with ties to Vladimir Putin who hired Paul Manafort for consulting
1337  work between 2005 and 2009. Attorney in the White House Counsel's Office (Jan.
1338  2017-June 2018). Head of the Russian Direct Investment Fund (RDlF); met with
1339  Erik Prince in the Seychelles in January 2017 and, separately, drafted a Russia
1340  reconciliation plan with Rick Gerson. Chief of staff to White House Counsel
1341  Donald McGahn (Jan.2017 -Dec. 2018). Deputy prime minister of the Russian
1342  Federation and chairman of the board of directors of the New Economic School in
1343  Moscow. He met with Carter Page twice in 2016. Executive of Gen bank in Crimea
1344  and associate of Felix Sater. Attorney in the White House Counsel's Office and
1345  legal counsel for the National Security Council. Ex-wife of Dmitry Klokov who
1346  emailed Ivanka Trump to introduce Klokov to the Trump Campaign in the fall of
1347  2015. B-3
1348
1349RESULT: 28
1350
1351PAGE: 406
1352
1353TEXT:
1354
1355  U.S. Department of Justice AUor1rn)1 Work Prodttet // May Cm1taitt Material
1356  Proteeted Uttder Fed. R. Crim. P. 6(e) Malloch, Theodore (Ted) Manafort, Paul
1357  Jr. Mashburn, John McCabe, Andrew McCord, Mary McFarland, Kathleen (K.T.)
1358  McGahn, Donald (Don) Medvedcv, Dmitry Melnik, Yuriy Mifsud, Joseph Miller, Matt
1359  Miller, Stephen Millian, Sergei Mnuchin, Steven Miiller-Maguhn, Andrew Nader,
1360  George Netyksho, Viktor the Magnitsky Act, which imposed financial and travel
1361  sanctions on Russian officials. Chief executive officer of Global Fiduciary
1362  Governance and the Roosevelt Group. He was a London-based associate of Jerome
1363  Corsi. Trump campaign member (March 2016-Aug. 2016) and chairman and chief
1364  strategist (May 2016 -Aug. 2016). Trump administration official and former
1365  policy director to the Trump Campaign. Acting director of the FBI (May 2017
1366  -Aug. 2017); deputy director of the FBI (Feb. 2016 -Jan. 2018). Acting Assistant
1367  Attorney General (Oct. 2016-May 2017). Deputy White House National Security
1368  Advisor (Jan. 2017-May 2017). White House Counsel (Jan. 2017 -Oct. 2018). Prime
1369  Minister of Russia. Spokesperson for the Russian Embassy in Washington, D.C.,
1370  who connected with George Papadopoulos on social media. Maltese national and
1371  former London-based professor who, immediately after returning from Moscow in
1372  April 2016, told George Papadopoulos that the Russians had "dirt" in the form of
1373  thousands of Clinton emails. Trump Campaign staff member who was present at the
1374  meeting of the National Security and Defense Platform Subcommittee in July 2016.
1375  Senior advisor to the President. Founder of the Russian American Chamber of
1376  Commerce who met with George Papadopoulos during the campaign. Secretary of the
1377  Treasury. Harm to Ongoing Matter Member of hacker association Chaos Computer
1378  Club and associate of Julian Assange, founder of WikiLeaks. Advisor to the
1379  United Arab Emirates's Crown Prince who arranged a meeting between Kirill
1380  Dmitriev and Erik Prince during the transition period. Russian military officer
1381  in command of a unit involved in Russian hacand-release operations to interfere
1382  in the 2016 U.S. presidential election. B-7