The New York Times reported, on March 28, 2018, that former Trump campaign deputy chairman Rick Gates had, in September and October 2016, frequently communicated with a man that the FBI believes is a former agent of GRU, Russia's largest foreign intelligence agency, and who had maintained active links with Russian intelligence during these communications; this disclosure was written into a court sentencing document for Alex van der Zwaan, submitted by Robert Mueller. Identified in the document as "Person A", The Times reported that the man matched the description of Konstantin Kilimnik, who, for years, was Paul Manafort's "right-hand man" in Ukraine. Gates reportedly told an associate that he knew "Person A" was a former GRU agent, although Manafort told associates he was not aware of such a connection. The Times reported on January 8, 2019, that in spring 2016 Gates and Manafort gave polling data, some of which was private to the Trump campaign, to Kilimnik, asking he pass it to Ukrainians Serhiy Lyovochkin and Rinat Akhmetov. During a closed-door court hearing on February 4, 2019, regarding false statements Manafort had made to investigators about his communications with Kilimnik, special counsel prosecutor Andrew Weissmann told judge Amy Berman Jackson that "This goes, I think, very much to the heart of what the special counsel's office is investigating," suggesting that Mueller's office continued to examine a possible agreement between Russia and the Trump campaign.
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 InfoThe 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.
More InfoMueller's legal team has been consistently attacked as biased against President Trump, who once referred to this team as "The 13 Angry Democrats". According to Politifact, while 13 of the 17 team members are indeed Democrats (the rest unaffiliated to either of the two major parties), however, Mueller himself is a registered Republican, and choosing to hire or not hire career attorneys on the basis of political affiliation is contrary to both Justice Department policy and federal law.
More InfoU.S. intelligence agencies in January 2017 concluded "with high confidence" that the Russian government interfered in the election by hacking into the computer servers of the Democratic National Committee (DNC) and the personal Gmail account of Clinton campaign chairman John Podesta and forwarding their contents to WikiLeaks, as well as by disseminating fake news promoted on social media, and by penetrating, or trying to penetrate, the election systems and databases of multiple U.S. states. de Volkskrant reported on January 25, 2018, that Dutch intelligence agency AIVD had penetrated the Russian hacking group Cozy Bear in 2014 and in 2015 observed them hack the DNC in real time, as well as capturing the images of the hackers via a security camera in their workspace. The New York Times reported on July 18, 2018, that American, British and Dutch intelligence services had observed stolen DNC emails on Russian military intelligence networks. NBC News reported on March 1, 2018, that Mueller was assembling a case for criminal charges against Russians who carried out the hacking and leaking. Those charges were brought on July 13, 2018.
More InfoThe special counsel also took over an FBI investigation on whether President Trump had committed obstruction of justice, which began within eight days after Trump's dismissal of FBI Director James Comey. CNN reported in December 2018 that then-acting FBI Director Andrew McCabe started the investigation based on Comey's firing—which had been recommended in writing by Rosenstein in what became known as the Comey memo—and also Comey's allegation that Trump had asked him to stop investigating Trump's former national security adviser Michael Flynn. In February 2019, McCabe, since fired from the FBI, confirmed he launched the obstruction of justice investigation for those reasons, and gave additional reasons such as Trump's multiple depictions of the investigation into Trump associates and Russia as a "witch hunt", as well as Trump allegedly telling Deputy Attorney General Rod Rosenstein to mention the Russia probe in Rosenstein's memo to recommend firing Comey, and Trump's comments to the Russian ambassador and NBC relating Comey's firing to the Russia probe.
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