2019

"The Mueller report describes several acts that satisfy all of the elements for an obstruction charge: conduct that obstructed or attempted to obstruct the truth-finding process, as to which the evidence of corrupt intent and connection to pending proceedings is overwhelming. These include: · The President’s efforts to fire Mueller and to falsify evidence about that effort; · The President’s efforts to limit the scope of Mueller’s investigation to exclude his conduct; and · The President’s efforts to prevent witnesses from cooperating with investigators probing him and his campaign."

"Despite being advised by... that he could face legal jeopardy for doing so, Trump directed McGahn on multiple occasions to fire Mueller or to gin up false conflicts of interest as a pretext for getting rid of the Special Counsel. ...Trump made "repeated efforts to have McGahn deny the story" — going so far as to tell McGahn to write a letter “for our files” falsely denying that Trump had directed Mueller’s termination."

"The Special Counsel’s report establishes that the President tried to influence the decisions of both Michael Cohen and Paul Manafort with regard to cooperating with investigators. Some of this... was done in plain sight via tweets and public statements; other such behavior was done via private messages..."

"[T]hese are not matters of close professional judgment. ...to look at these facts and say that a prosecutor could not probably sustain a conviction for obstruction of justice — the standard set out in Principles of Federal Prosecution — runs counter to logic and our experience."

"[P]rosecuting obstruction of justice cases is critical because unchecked obstruction — which allows intentional interference with criminal investigations to go unpunished — puts our whole system of justice at risk."

"[T]he case was about Russia. ...Period. Full stop. That was the focus of the investigation. So, when the Papadopoulos information comes across our radar screen, it's coming across in the sense that we were always looking at Russia. ...The FBI predates the Soviet Union and the Russian Federation and so we've been thinking about Russia as a threat actor... for decades... So, this information comes in against that backdrop... This information, the Papadopoulos information, is what triggered us going down this path."

"It would've been... a dereliction of our duty not to investigate this information. ...[W]e'd been focused on the Russians as threat actors for a long, long time. Given what was going on with respect to e-mail dumps and hacking and the connection with those to the Russians in that summer and then, this thing drops. I think it would've been malpractice, a dereliction of duty... It would've been highly, highly inappropriate for us not to pursue it, and pursue it aggressively."

"This is a conversation that you and I have been having for months and months now. ...You said to me, it was about Russia. The investigation was always about Russia. [W]hen you said that, what I really take to be your meaning is that it wasn't really an investigation of the Trump folks at all. The focus of the investigation was of Russian intelligence activity."

"[T]he FBI... exists, among other things, to investigate federal crime, threats to the national security, and to collect foreign intelligence. ...That's what we're focused on. [W]ith respect to Russia in this context, our job is to detect, deter, disrupt, and defeat their operations. Lawfully... [A]s we are focused on Russia, we have groups of people that constantly... their job is to focus on nothing but Russia. As we're staring at the Russian problem, to the extent that other people, third country nationals, or Americans, or anybody else comes across our radar screen, and has a connection to the Russians in some way that looks nefarious to us, and falls within the scope of the Attorney General guidelines that authorize us to conduct investigations... If that comes across the radar screen, then we... investigate that, and run it down wherever it goes. ...[A]nd we'll deal with other Russian threats simultaneously. You're constantly staring at that problem, and to the extent that any Americans cross... our radar screen, then we will investigate that."

"I'll make a few remarks about the results of our work, but... it is important the the office's written work speak for itself."

"As alleged by the grand jury in an indictment, Russian intelligence officers who were part of the Russian military launched a concerted attack on our political system. The indictment alleges that they used sophisticated cyber techniques to hack into computers and networks used by the Clinton campaign. They stole private information and then released that information through fake online identities and through the organization Wikileaks. The releases were designed and timed to interfere with our election and to damage a presidential candidate."

"[T]he grand jury alleged in a separate indictment, a private Russian entity engaged in a social media operation where Russian citizens posed as Americans in order to influence an election."

"These indictments contain allegations and we are not commenting on guilt or the innocence of any specific defendant. Every defendant is presumed innocent unless and until proven guilty."

"The indictments allege, and the other activities in our report describe, efforts to interfere in our political system. They needed to be investigated and understood, and that is among the reasons why the Department of Justice established our office. That is also a reason we investigated efforts to obstruct the investigation. The matters we investigated were of paramount importance. It was critical for us to obtain full and accurate information from every person we questioned. When a subject of an investigation obstructs that investigation, or lies to investigators, it strikes at the core of the government's effort to find the truth and hold wrongdoers accountable."

"The Russian government interfered in the 2016 presidential election in sweeping and systematic fashion. ...In June [2016], the [DNC]... announced that Russian hackers had compromised its computer network. Releases of hacked materials—hacks that public reporting soon attributed to the Russian government—began that same month. Additional releases followed in July through the organization WikiLeaks, with further releases in October and November."

"The order appointing me [as] special counsel authorized us to investigate actions that could obstruct the investigation. ...[A]s set forth in the report after that investigation, if we had had confidence that the president clearly did not commit a crime, we would have said so. We did not, however, make a determination as to whether the president did commit a crime. The introduction to the volume two of our report explains that decision."

"It [our report] explains that under long-standing department policy, a president cannot be charged with a federal crime while he is in office. That is unconstitutional. Even if the charge is kept under seal and hidden from public view, that too is prohibited. The special counsel's office is part of the Department of Justice and by regulation, it was bound by that department policy. Charging the president with a crime was, therefore, not an option we could consider. The department's written opinion explaining the policy makes several important points that further informed our handling of the obstruction investigation. Those points are summarized in our report and I will describe two of them for you."

"First, the opinion explicitly permits the investigation of a sitting president, because it is important to preserve evidence while memories are fresh and documents [are] available. Among other things, that evidence could be used if there were co-conspirators who could be charged now. And second, the opinion says that the Constitution requires a process other than the criminal justice system to formally accuse a sitting president of wrongdoing."

"And beyond department policy, we were guided by principles of fairness. It would be unfair to potentially accuse somebody of a crime when there can be no court resolution of the actual charge."

"So that was Justice Department policy. Those were the principles under which we operated, and from them we concluded that we would not reach a determination, one way or the other, about whether the president committed a crime. That is the office's final position, and we will not comment on any other conclusions or hypotheticals about the president."

"At one point in time I requested that certain portions of the report be released . The Attorney General preferred to make the entire report public all at once, and we appreciate that the Attorney General made the report largely public. ...I certainly do not question the Attorney General's good faith in that decision."

"I hope and expect this to be the only time that I speak to you in this manner. I am making that decision myself. No one has told me whether I can or should testify, or speak further about this matter. There has been discussion about, and appearance before Congress. Any testimony from this office would not go beyond our report. It contains our findings and analysis, and the reasons for the decisions we made. We chose those words carefully and the work speaks for itself, and the report is my testimony. I would not provide information beyond that which is already public in any appearance before Congress. In addition, access to our underlying work product is being decided in a process that does not involve our office. So beyond what I have said here today, and what is contained in our written work, I do not believe it is appropriate for me to speak further about the investigation or to comment on the actions of the Justice Department or Congress..."

"The report has two parts addressing the two main issues we were asked to investigate. The first volume of the report details numerous efforts emanating from Russia to influence the election. This volume includes a discussion of the Trump campaign's response to this activity, as well as our conclusion that there was insufficient evidence to charge a broader conspiracy. And in the second volume, the report describes the results and analysis of our obstruction of justice investigation involving the president."

"[S]oon after WikiLeaks's first release of stolen documents, a foreign government contacted the FBI about... Trump Campaign foreign policy advisor . Papadopoulos had suggested to a representative of that foreign government that the Trump Campaign had received indications from the Russian government that it could assist the Campaign through the anonymous release of information damaging to... Hillary Clinton. That information prompted the FBI on July 31, 2016, to open an investigation into whether individuals associated with the Trump Campaign were coordinating with the Russian government..."

"That fall, two federal agencies jointly announced that the Russian government "directed recent compromises of e-mails... intended to interfere with the US election process." After the election... the United States imposed sanctions... By early 2017, several congressional committees were examining Russia's interference..."

"[I]nvestigatory efforts... led to the May 2017 appointment of Special Counsel Robert S. Mueller, III. The order... authorized him to investigate "the Russian government's efforts to interfere in the 2016 presidential election," including any links or coordination between the Russian government and individuals associated with the Trump Campaign."

"Russia interfered in the 2016 presidential election principally through two operations. First... a social media campaign... favored... Trump and disparaged... Clinton. Second, ...computer-intrusion operations against... the Clinton Campaign and... then released stolen documents."

"The investigation... identified numerous links between the Russian government and the Trump Campaign. Although the investigation established that the Russian government perceived it would benefit from a Trump presidency... and that the Campaign expected it would benefit electorally from information stolen and released through Russian efforts, the investigation did not establish that members of the Trump Campaign conspired or coordinated with the Russian government in its election interference activities."

"A statement that the investigation did not establish particular facts does not mean there was no evidence of those facts."

"In evaluating whether evidence about collective action of multiple individuals constituted a crime, we applied the framework of conspiracy law, not the concept of "." ...But collusion is not a specific offense or theory of liability... in the United States Code, nor is it a term of art in federal criminal law. For those reasons, the Office's focus in analyzing questions of joint criminal liability was on conspiracy... we addressed the factual question whether members of the Trump Campaign "coordinat[ed]"—a term that appears in the appointment order—with Russian election interference activities. Like collusion, "coordination" does not have a settled definition in federal criminal law. We understood coordination to require an agreement—tacit or express—between the Trump Campaign and the Russian government on election interference. That requires more than the two parties taking actions that were informed by or responsive to the other's actions or interests. We applied the term coordination in that sense when stating... that the investigation did not establish that the Trump Campaign coordinated with the Russian government in its election interference activities."

"Volume I describes the factual results of the Special Counsel's investigation of Russia's interference in the 2016 presidential election and its interactions with the Trump Campaign. Section I describes the scope of the investigation. Sections II and III describe the principal ways Russia interfered in the 2016 presidential election. Section IV describes links between the Russian government and individuals associated with the Trump Campaign. Section V sets forth the Special Counsel's charging decisions."

"Volume II addresses the President's actions towards the FBI's investigation into Russia's interference in the 2016 presidential election and related matters, and his actions towards the Special Counsel's investigation. Volume II separately states its framework and the considerations that guided that investigation."

"The (IRA) carried out the earliest Russian interference operations identified...—a social media campaign designed to provoke and amplify political and social discord in the United States. The IRA... received funding from Russian oligarch and companies he controlled. Prigozhin is widely reported to have ties to... Putin."

"In mid-2014, the IRA sent employees to the United States on an intelligence-gathering mission..."

"The IRA later used social media accounts and interest groups to sow discord... through... "." The campaign evolved from a generalized program designed... to undermine the U.S. electoral system... The IRA' s operation also included the purchase of political advertisements on social media in the names of U.S. persons and entities, as well as the staging of political rallies... To organize those rallies, IRA employees posed as U.S. grassroots entities and persons and made contact with Trump supporters and Trump Campaign officials... Section II... details... the Russian social media campaign."

"[T]he Russian government employed a second form of interference: cyber intrusions (hacking) and releases of hacked materials damaging to the Clinton Campaign. ...the Main Intelligence Directorate of the General Staff of the Russian Army (GRU) carried out these operations. ...The GRU stole hundreds of thousands of documents from the compromised email accounts and networks. ...disseminating stolen materials through the fictitious online personas " " and "." The GRU later released additional materials through the organization WikiLeaks."

"The ...("Trump Campaign" or "Campaign") showed interest in WikiLeaks's releases of documents and welcomed their potential to damage candidate Clinton."

"WikiLeaks began releasing Podesta's stolen emails on October 7, 2016, less than one hour after a U.S. media outlet released video considered damaging to candidate Trump. Section III... details... Russian hacking operations, as well as other efforts by Trump Campaign supporters to obtain Clinton-related emails."