U.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.
The 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.
More InfoOn 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 InfoOn January 16, 2018, The New York Times reported that Steve Bannon was subpoenaed by Mueller to testify before the standing grand jury in Washington, DC. Reuters and CNN reported the next day that Bannon had struck a deal with Mueller's team to be interviewed by prosecutors instead of testifying before the grand jury. On February 15, 2018, multiple sources reported that those interviews had taken place over several days that week. TMZ reported that Kristin M. Davis, the "Manhattan Madam" who had previously worked for Roger Stone, was subpoenaed in June 2018. On August 10, 2018, a federal judge found Stone's former aide Andrew Miller to be in contempt of court for refusing to testify before the grand jury. Also that day, the Mueller investigation subpoenaed Randy Credico, whom Stone had described as his "backchannel" to Julian Assange. The Wall Street Journal reported on November 14, 2018, that Mueller's investigators are examining whether Stone engaged in witness tampering by intimidating Credico into supporting Stone's assertions.
More InfoThe New York Times reported on January 11, 2019, that FBI counterintelligence grew concerned about Trump's ties to Russia during the 2016 campaign but held off opening an investigation because of uncertainty about how to proceed on such a sensitive matter. Trump's behavior during the days immediately before and after Comey's firing caused them to begin investigating whether Trump had been working on behalf of Russia against U.S. interests, knowingly or unknowingly. The FBI merged that counterintelligence investigation with a criminal obstruction of justice investigation related to Comey's firing. Mueller took over that investigation upon his appointment, although it was not immediately clear if he had pursued the counterintelligence angle.
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.
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