Mueller is investigating ties between the Trump campaign and Republican activist Peter W. Smith, who stated that he tried to obtain Hillary Clinton's emails from Russian hackers, and that he was acting on behalf of Michael Flynn and other senior Trump campaign members. Trump campaign officials have denied that Smith was working with them. In fall 2017, Mueller's team interviewed former Government Communications Headquarters cybersecurity researcher Matt Tait, who had been approached by Smith to verify the authenticity of emails allegedly hacked from Clinton's private email server. Tait reportedly told House Intelligence Committee investigators in October 2017 that he believed Smith had ties to members of Trump's inner circle—including Flynn, Steve Bannon, and Kellyanne Conway—and may have been helping build opposition research for the Trump campaign. Smith committed suicide in May 2017, several days after talking to The Wall Street Journal about his alleged efforts. Aged 81 and reportedly in failing health, he left a carefully prepared file of documents, including a statement police called a suicide note. An attorney for Smith's estate said in October 2017 that some of Smith's documents had been turned over to the Senate Intelligence Committee. The Wall Street Journal reported on October 7, 2018, that Smith had raised at least $100,000 from donors in his pursuit of the Clinton emails, that his estate had provided documents to the Mueller investigation, and that associates of Smith had been questioned by Mueller's investigators or a grand jury. The Wall Street Journal reported on October 10, 2018, that Smith had established a "professional relationship" with Flynn as early as 2015, and during the campaign was using Flynn's contacts to assist with his search for the Clinton emails. The Journal reported on October 19, 2018, that the Mueller investigation has evidence Smith may have had prior knowledge of the Guccifer 2.0 hacks. The Mueller report later confirmed significant aspects of Smith's efforts to locate the Clinton emails, including his communications about it with Flynn and campaign co-chair Sam Clovis, as well as Flynn's actions to spearhead the effort at Trump's repeated requests. In May 2019, an unredacted version of a December 2018 government sentencing memo for Flynn showed he had advised investigators that members of the Trump campaign had discussed whether to contact WikiLeaks about the release of emails.
On potential obstruction of justice by President Trump, the investigation "does not conclude that the President committed a crime", as investigators would not indict a sitting president per an Office of Legal Counsel (OLC) opinion, and would not accuse him of a crime when he cannot clear his name in court. However, the investigation "also does not exonerate" Trump, finding both public and private actions "by the President that were capable of exerting undue influence over law enforcement investigations". Ten episodes of potential obstruction by the president were described. The report states that Congress can decide whether Trump obstructed justice, and has the authority to take action against him. Attorney General Barr and Deputy Attorney General Rod Rosenstein, who had authorized the Mueller probe, decided on March 24, 2019, that the evidence was insufficient to establish a finding of obstruction of justice. Upon his resignation on May 29, 2019, Mueller stated that: "the Constitution requires a process other than the criminal justice system to formally accuse a sitting president of wrongdoing". In July 2019, Mueller testified to Congress that a president could be charged with obstruction of justice (or other crimes) after he left office.
More InfoWhen the special counsel was appointed by Rod Rosenstein in May 2017, the special counsel took over an existing counterintelligence investigation by the Federal Bureau of Investigation (FBI) into what proved to be Russian interference in the 2016 United States elections and numerous secretive links between Trump associates and Russian officials. According to reports, Australian officials informed American officials that in May 2016, a Trump presidential campaign adviser, George Papadopoulos, told the Australian High Commissioner to Britain, Alexander Downer, that Russian officials were in possession of politically damaging information relating to Hillary Clinton, the rival presidential candidate to Trump from Democratic Party. Since the FBI, in response to this information, opened an investigation into the links between Trump associates and Russian officials on July 31, 2016, the meeting between Papadopoulos and Downer is considered to be the 'spark' that led to the Mueller investigation. In February 2018, the Nunes memo, written by staff for U.S. Representative Devin Nunes, stated that the information on Papadopoulos "triggered the opening of" the original FBI investigation, rather than the Trump-Russia dossier of Christopher Steele (see below) as asserted by, among others, Trump, Nunes, Fox News hosts Steve Doocy, Ed Henry, Tucker Carlson, Sean Hannity, and Fox News contributor Andrew McCarthy.
More InfoThe Trump Organization pursued a luxury hotel and condominium project in Moscow—dubbed the Trump Tower Moscow—during the Trump presidential campaign. This project was facilitated by Michael Cohen, then an attorney for the Trump Organization, and from January 2017 to May 2018 Trump's personal attorney. Trump signed a nonbinding "letter of intent" dated October 13, 2015, to proceed with the project. The letter, also signed by Russian investor Andrei Rozov, was forwarded to Cohen by Russian-American real estate developer Felix Sater, who had worked with The Trump Organization on prior deals, including Trump SoHo and Trump International Hotel & Residence. Sater has also been involved in criminal activities involving organized crime and has served as an informant to the FBI relating to those activities. He boasted to Cohen about his connections to Vladimir Putin, saying in an email to Cohen on November 13, 2015, "Buddy our boy can become president of the USA and we can engineer it. I will get all of Putins [sic] team to buy in on this. I will manage this process." He also asserted that he had secured financing for the project through the Russian state-owned VTB Bank, which was under sanctions by the United States government. Cohen emailed Putin spokesman Dmitry Peskov in January 2016 to request assistance in advancing the project and later stated he didn't recall receiving a response. Cohen told the Senate Intelligence Committee in September 2017 that the deal was abandoned in January 2016, but in November 2018 admitted in a guilty plea that he had minimized Trump's role in the plans "to be consistent with [Trump's] political messaging" and that negotiations had actually extended through June 2016. Cohen also admitted that Peskov's office had, in fact, replied to his January 2016 email and discussed the deal with him on the phone. In a sentencing memorandum filed the day after his guilty plea, Cohen's attorneys stated he kept Trump "apprised" of the "substantive conversation" Cohen had with the Russian official, and discussed with Trump traveling to Russia to advance the project during the summer of 2016. BuzzFeed News reported on March 12, 2018, that Mueller's investigators had questioned Sater, and on April 13, 2018, reported that a former Russian spy had helped secure financing for the project. In 2010, Sater was provided business cards describing himself as "Senior Advisor to Donald Trump" with an email address at TrumpOrg.com. In a 2013 sworn affidavit, Trump said "If [Sater] were sitting in the room right now, I really wouldn't know what he looked like," and in 2015 he stated "Felix Sater, boy, I have to even think about it. I'm not that familiar with him."
More InfoMueller investigated the meeting on June 9, 2016, in Trump Tower in New York City between three senior members of Trump's presidential campaign—Kushner, Manafort, and Donald Trump Jr.—and at least five other people, including Russian lawyer Natalia Veselnitskaya, Rinat Akhmetshin, a lobbyist and former Soviet army officer who met senior Trump campaign aides, Ike Kaveladze, British publicist Rob Goldstone, and translator Anatoli Samochornov. Goldstone had suggested the meeting to Trump Jr., and it was arranged in a series of emails later made public. In one email exchange of June 3, 2016, Goldstone wrote Trump Jr. that Aras Agalarov "offered to provide the Trump campaign with some official documents and information that would incriminate Hillary and her dealings with Russia and would be very useful to your father", adding that it was "very high level and sensitive information but is part of Russia and its government's support for Mr. Trump" that he could send to Donald Trump's assistant Rhona Graff. Trump Jr. responded minutes later "Thanks Rob I appreciate that" and "if it's what you say I love it." Trump Jr. initially told the press that the meeting was held to discuss adoptions of Russian children by Americans, but after contrary media reports he added that he agreed to the meeting with the understanding that he would receive information damaging to Hillary Clinton. Mueller's team investigated the emails and the meeting, and whether President Trump later tried to hide the meeting's purpose. On July 18, 2017, Kaveladze's attorney said that Mueller's investigators were seeking information about the meeting in June 2016 from his client, and on July 21, Mueller asked the White House to preserve all documents related to the meeting. It has been reported that Manafort had made notes during the meeting. CNN reported on July 26, 2018, that anonymous sources stated that Michael Cohen was prepared to tell the Mueller investigation that Trump was aware of and approved of the June 9, 2016, meeting in advance, which Trump and Trump Jr. have repeatedly denied. CNN reported in the same story that Cohen attorney Lanny Davis had declined to comment for the report. The following day, The Washington Post reported a similar story coming from one anonymous source, although the paper did not specifically mention Russians. One month later, Davis identified himself as that source, clarifying that he could not be certain of Cohen's knowledge in the matter. Davis also asserted he had been a source for the CNN story. A CNN spokeswoman stated, "We stand by our story, and are confident in our reporting of it."
More InfoPreviously in August 2017, one month prior to joining the Justice Department as Sessions' chief of staff, Whitaker wrote an opinion column for CNN titled "Mueller's investigation of Trump is going too far". He stated that Mueller's investigation is a "lynch mob", that it should be limited and should not probe into Trump's finances. Whitaker also argued in 2017 that the Trump Tower meeting was neither improper nor evidence of collusion. The New York Times reported that White House aides and other people close to Trump anticipated that Whitaker would "rein in" the investigation.
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