Special Counsel investigation (2017–2019)

When did Trump nominate Whitaker as acting Attorney General?

Trump requested and received the resignation of Attorney General Jeff Sessions the day after the 2018 midterm elections, following months of criticizing Sessions for recusing himself from overseeing the Mueller investigation, stating in July 2017, "if he was going to recuse himself, he should have told me before he took the job and I would have picked somebody else." Trump appointed Matthew Whitaker, Sessions' chief of staff since September 2017, as Acting Attorney General. While Whitaker was Sessions' chief of staff, White House chief of staff John Kelly described him as the West Wing's "eyes and ears" in the DOJ, which Trump considered hostile to him. Prior to joining the Justice Department, Whitaker had publicly criticized the Mueller investigation on several occasions, asserting it was "going too far", referring to it as a "lynch mob", and suggested it could be impeded by cutting its budget. Trump had seen Whitaker's supportive commentaries on CNN during the summer of 2017 and that July Whitaker was interviewed by White House counsel Don McGahn to join the Trump legal team as an "attack dog" against Mueller. During an interview with The Daily Caller on November 14, 2018, Trump was asked who he might be considering to assume the permanent attorney general position, mentioning Whitaker. Unprompted, Trump stated, "as far as I'm concerned this is an investigation that should have never been brought...It's an illegal investigation".


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  • Yahoo News reported that Mueller's team was examining whether the joint RNC–Trump campaign data operation—which was directed on Trump's side by Brad Parscale and managed by Trump's son-in-law Jared Kushner—was related to the activities of Russian trolls and bots aimed at influencing the U.S. electorate. Also that month, the Democratic ranking members of the House Oversight and Judiciary committees asked their respective Republican chairmen to subpoena two of the data firms hired by Trump's campaign for documents related to Russia's election interference, including the firm headed by Parscale. On February 27, 2018, Trump selected Parscale to serve as campaign manager on his 2020 reelection campaign. NBC News reported on February 28, 2018, that Mueller's investigators asked witnesses pointed questions about whether Trump was aware that Democratic emails had been stolen before that was publicly known, and whether he was involved in their strategic release. This is the first reported indication that Mueller's investigation is specifically examining whether Trump was personally involved in collusive activities.

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  • Reuters reported on March 29, 2018, that the special counsel is examining an event at the 2016 Republican National Convention at which Jeff Sessions had conversations with Russian ambassador Sergei Kislyak. Investigators are also looking into how and why language deemed hostile to Russia was removed from the Republican party's platform document during the convention. Mueller's office is also inquiring whether Sessions had private conversations with Kislyak at a Trump speech at the Mayflower Hotel in April 2016.

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  • As the Mueller investigation progressed, Trump repeatedly expressed anger over Attorney General Sessions' decision to recuse. In July 2017, Trump said that Sessions should have informed him about Sessions' impending recusal before Trump even nominated him, then Trump would have nominated someone else for Attorney General. In May 2018, Trump said that he wished that he had nominated someone other than Sessions for Attorney General. In August 2018, Trump declared that Sessions' job was safe at least until the November 2018 United States midterm elections. Sessions resigned as Attorney General on November 7, 2018, the day after the midterm elections, writing that he had resigned at Trump's request.

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  • Whitaker, a vocal Trump supporter, had publicly criticized the Mueller investigation on several occasions before joining the Justice Department in September 2017, asserting it was "going too far" and referring to it as a "lynch mob". Whitaker is also a personal friend of Sam Clovis, a former co-chair of the Trump campaign who has testified to Mueller's investigators and grand jury. Because of his prior statements and involvement, many Democrats and some Republicans have asserted that Whitaker's potential conflicts of interest require him to recuse himself from overseeing Mueller, although Whitaker reportedly indicated he had no intention of doing so. Justice Department ethics officials typically review conflicts of interest to recommend recusals, but their findings are not binding and are usually kept confidential.

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  • The New York Times reported on February 14, 2017, that phone records and communications intercepts showed that Trump associates—including members of the Trump campaign—had "repeated contacts" with senior Russian intelligence officials during the 2016 campaign. Paul Manafort was the only Trump associate who was specifically identified as participating in these communications. In addition, some senior Trump associates, including Kushner, Trump Jr., Sessions, Flynn and Manafort, had direct contacts with Russian officials during 2016. In congressional testimony the following June, Comey stated the Times report was "in the main" not true. The Times reported that during the intervening months, its sources continued to believe the reporting was "solid." In July 2020, the Senate Judiciary Committee released notes taken contemporaneously with the Times report by FBI Counterintelligence Division chief Peter Strzok indicating his skepticiam about the Times' reporting, writing, “We have not seen evidence of any officials associated with the Trump team in contact with [intelligence officers]" and "“We are unaware of ANY Trump advisors engaging in conversations with Russian intelligence officials.” The Times stood by its account, subsequently reporting that the released notes did not provide a fully accurate representation of Strzok's knowledge. Michael Flynn was forced to resign as National Security Advisor on February 13, 2017, after it was revealed that on December 29, 2016, the day that Obama announced sanctions against Russia, Flynn had discussed the sanctions with Russian ambassador Kislyak. Flynn had earlier acknowledged speaking to Kislyak but denied discussing the sanctions. Also in December 2016, Flynn and presidential advisor Jared Kushner met with Kislyak hoping to set up a direct, secure line of communication with Russian officials about which American intelligence agencies would be unaware. Jared Kushner also met with Sergei Gorkov, the head of the Russian state-owned bank Vnesheconombank (VEB), which has been subject to U.S. economic sanctions since July 2014. Flynn and Kushner failed to report these meetings on their security clearance forms.

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