Days after Whitaker's appointment, Jerry Nadler, the incoming chairman of the House Judiciary Committee, asserted that Whitaker's appointment was "part of a pattern of obstruction" of the Mueller investigation and that Whitaker would be the first witness called to testify before the Committee. In an interview aired on November 18, 2018, Trump asserted he was unaware of Whitaker's previous criticisms of the Mueller investigation, later referring to one of Whitaker's previous statements, saying "There is no collusion, he happened to be right." Trump added, "I think he's very well aware politically. I think he's astute politically ... He's going to do what's right."
The New York Times reported on March 28, 2018, that in 2017, as the Mueller investigation was building its cases against Michael Flynn and Paul Manafort, former Trump attorney John M. Dowd broached the idea of presidential pardons of the men with their attorneys. The Times reported this might have indicated concerns by Trump's legal team about what the men might reveal to investigators if they agreed to cooperate with the investigation in exchange for leniency. Although legal opinions vary as to whether this discussion alone would constitute obstruction of justice, prosecutors might present it as part of a pattern of activity that points to a conspiracy to thwart the investigation. CBS News reported on March 28, 2018, that Manafort is declining a plea deal and proceeding to trial because he is expecting a pardon from Trump, citing "legal sources with knowledge of his strategy". In May 2019, an unredacted version of a December 2018 government sentencing memo for Flynn showed that he advised investigators that both before and after his guilty plea "he or his attorneys received communications from persons connected to the Administration or Congress that could have affected both his willingness to cooperate and the completeness of that cooperation."
More InfoMueller 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.
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 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 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."
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