Special Counsel investigation (2017–2019)

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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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  • USA Today and The New York Times reported on January 31, 2018, that Mueller's office is expected to question Mark Corallo, the former spokesman for President Trump's legal team, about his reported concerns that the president and his longtime aide Hope Hicks might have sought to obstruct justice. Corallo reportedly plans to tell investigators that Hicks told President Trump on a conference call that the Trump Jr. emails regarding his meeting with Russians "will never get out". Hicks' attorney denied the allegation. Mueller's investigators reportedly interviewed Hicks in early December 2017. Corallo had resigned from the Trump team in July 2017, reportedly because he became concerned that the president had obstructed justice.

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  • Mueller's investigators also asked about the relationship between Roger Stone and WikiLeaks founder Julian Assange, and why Trump took policy positions favorable to Russia. Stone, a longtime Republican "dirty trickster" and Trump confidant repeatedly discussed his backchannel communications with Assange and claimed knowledge of forthcoming leaks from Wikileaks. He also exchanged Twitter private messages with Guccifer 2.0, which American intelligence connected to two Russian intelligence groups that cybersecurity analysts have concluded hacked Democratic National Committee emails. The New York Times reported on November 1, 2018, that Stone and Steve Bannon exchanged emails in October 2016 about Assange's intent to release documents, and that Bannon and other former senior Trump campaign officials told Mueller's investigators of Stone's assertions that he was a conduit to Wikileaks and seemed aware of imminent document releases, although the "top tier" of the campaign was skeptical of Stone's claims. Reuters reported on May 16, 2018, that Mueller's office subpoenaed Stone's social media strategist, Jason Sullivan, the prior week to testify before a grand jury on May 18 and to provide documents, objects and electronically stored information. Reuters reported the next day that John Kakanis, Stone's driver, accountant and operative, was also subpoenaed.

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  • During his January 2019 confirmation hearings, Barr suggested the investigation's findings could be withheld from the public, as their release is not mandated by law. In June 2018, Barr had sent an unsolicited 19-page memo to deputy attorney general Rod Rosenstein and Trump attorneys arguing that the Special Counsel's approach to potential obstruction of justice by Trump was "fatally misconceived" and that, based on his knowledge, Trump's actions were within his presidential authority. In June 2017, Barr had characterized the obstruction investigation as "asinine" and that it was "taking on the look of an entirely political operation to overthrow the president". Trump stated in a February 2019 interview that he had not committed to releasing the Mueller report.

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  • The Washington Post also reported on January 23, 2018, that Mueller's office is interested in a May 2017 Oval Office conversation between Trump and Andrew McCabe, days after McCabe had automatically become acting director of the FBI when Trump dismissed Comey, allegedly for not pledging loyalty to the president. During this conversation, Trump reportedly asked McCabe for whom he had voted in the 2016 presidential election. McCabe, a lifelong Republican, replied that he had not voted in that election. On January 24, 2018, Trump denied—or did not remember—asking McCabe about his vote. Like Comey, McCabe also took contemporaneous notes of his conversations with Trump, which are reportedly now in the possession of Mueller's office.

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  • Mueller 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.

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