The second volume of the report investigated the topic of obstruction of justice, describing ten episodes where Trump may have obstructed justice as president and one episode before he was elected, and analyzing each in terms of the criteria needed to constitute criminal obstruction. The investigation found both public and private actions "by the President that were capable of exerting undue influence over law enforcement investigations, including the Russian-interference and obstruction investigations". However, Trump mostly failed to influence it because his subordinates or associates refused to carry out his instructions. The Mueller team refrained from charging Trump with obstruction because investigators abided by a DOJ Office of Legal Counsel (OLC) opinion that a sitting president cannot stand trial, and they feared that charges would affect Trump's governing and possibly preempt a potential impeachment. In addition, investigators felt it would be unfair to accuse Trump of a crime without charges and without a trial in which he could clear his name. Since they had decided "not to make a traditional prosecutorial judgment" on whether to "initiate or decline a prosecution," the special counsel's office "did not draw ultimate conclusions about the President's conduct." The report "does not conclude that the president committed a crime", but specifically did not exonerate Trump on obstruction of justice, because investigators were not confident that Trump was innocent after examining his intent and actions. The report concluded that Congress has the authority to take further action against Trump on the question of obstruction of justice, stating that no one is above the law.
On January 25, 2019, Roger Stone, a long time advisor to Donald Trump, was arrested by the FBI at a pre-dawn raid in Florida. The indictment filed by the Office of the Special Counsel contained 7 charges, including obstruction of an official proceeding, witness tampering, and lying to congress in regard to the investigation into Russian interference in the 2016 US election and his involvement with WikiLeaks. In the charging document, prosecutors alleged that, after the first Wikileaks release of hacked DNC emails in July 2016, "a senior Trump Campaign official was directed to contact Stone about any additional releases and what other damaging information [WikiLeaks] had regarding the Clinton Campaign. Stone thereafter told the Trump Campaign about potential future releases of damaging material by [WikiLeaks]." The indictment also alleged that Stone had discussed Wikileaks releases with multiple senior Trump campaign officials. By the time of those contacts, it had been publicly reported that the DNC emails had been hacked by Russians and provided to Wikileaks. Stone was convicted of all charges in November 2019, after the conclusion of the investigation.
More InfoA total of thirty-four individuals and three companies were indicted by Mueller's investigators. Eight have pleaded guilty to or been convicted of felonies, including five Trump associates and campaign officials. None of those five convictions "involved a conspiracy between the campaign and Russians" and "Mueller did not charge or suggest charges for [...] whether the Trump campaign worked with the Russians to influence the election". The investigation was, however, more complex. On May 29, 2019, In a press conference, Mueller stated that "If we had confidence that the president clearly did not commit a crime, we would have said that. We did not, however, make a determination as to whether the president did commit a crime... 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."
More InfoGlenn R. Simpson, a co-founder of Fusion GPS, testified to the Senate Judiciary Committee on August 22, 2017, that the FBI told Christopher Steele—and then Steele told Simpson—that the FBI had "a human source from inside the Trump organization" (and, more specifically, "an internal Trump campaign source"). Simpson did not indicate when Steele received this information or when he conveyed it to Simpson. The Washington Post reported on May 8, 2018, that a longtime FBI and CIA informant had provided information about connections between Russia and the Trump campaign to FBI investigators early in their investigation. This sparked speculation that the FBI had planted a "mole" inside the Trump campaign, although it was not clear that the individual Simpson described was the same individual described by The Post. The Washington Post reported on May 9, 2018, that House Intelligence Committee Chairman Devin Nunes subpoenaed the Justice Department to provide him with all documents regarding the longtime informant; The Post quoted the subpoena as demanding "all documents referring or related to the individual referenced in Chairman Nunes' April 24, 2018, classified letter to Attorney General Sessions", although Nunes denied he had referred to any specific individual. The Justice Department resisted on the grounds that revealing the information could endanger the life of a longtime top-secret informant for the FBI and CIA, and the Trump White House—with the president's agreement—sided with the Justice Department. The New York Times reported on May 16, 2018, that at least one government informant had met several times with Trump campaign aides Carter Page and George Papadopoulos.
More InfoNBC News reported on March 30, 2018, that Ted Malloch, a London-based American professor and author who worked with the Trump campaign, had been detained and questioned by the FBI two days earlier as he arrived at Boston Logan Airport after a flight from London. He was served with a subpoena to appear for questioning by Mueller's investigators on April 13, and presented with a warrant to have his phone seized and searched. Malloch told NBC in an email that FBI agents asked him a variety of questions, including about Roger Stone, author Jerome Corsi, and WikiLeaks. CNN reported that Malloch has written a forthcoming book alleging a "deep state" within the United States government fabricated the Steele dossier to destroy Trump. Corsi was subpoenaed for questioning by Mueller's investigators in September 2018, and by November he was facing perjury charges. That month, a draft court filing showed Corsi and Stone had exchanged emails in summer 2016 indicating their knowledge of impending email "dumps" by Wikileaks. In one email, Stone directed Corsi to contact Assange, which Corsi told investigators he had ignored, although investigators found he had passed the directive to an associate in London, whom Corsi later identified as Malloch.
More InfoOn April 3, 2019, the House Judiciary Committee, which did not receive the unredacted report by its April 2 deadline, voted 24-17 along party lines to approve a resolution which authorizes subpoenas of the full report. The resolution also authorized subpoenas related to five of President Donald Trump's former top advisers, including strategist Steve Bannon, communications director Hope Hicks, chief of staff Reince Priebus, former-White House counsel Donald McGahn and counsel Annie Donaldson.
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