Special Counsel investigation (2017–2019)

When did Mueller say that the president is not a criminal target?

In March 2018, Mueller's office reportedly informed Trump's attorneys that the president is not a "criminal target" but remains a "subject" of the continuing investigation. Trump's advisers were reported to be split in their interpretation of this, with some believing it was an indication that his legal exposure was low, while others expressed concern that Mueller was inducing him to agree to a personal interview, which his attorneys have discouraged him from doing for fear he might perjure himself and thus change his status from subject to target. The Post reported that Mueller also advised the attorneys that he is "preparing a report about the president's actions while in office and potential obstruction of justice". The Post referenced Justice Department guidelines, which explain:


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  • Kushner Properties—from which Jared Kushner resigned as CEO in early 2017 to serve as a senior advisor in the Trump White House—purchased the office tower located at 666 Fifth Avenue in Manhattan in 2007, just before Manhattan real estate prices fell in the Great Recession. The property has since experienced financial difficulties that the company has been attempting to resolve with new financing, without success, before the property's $1.2 billion mortgage comes due in February 2019. This effort has reportedly been complicated by Trump's election, which has caused potential lenders to avoid appearances of conflicts of interest. The matter has raised the interest of investigators who are looking at Kushner's December 2016 meeting with Sergei Gorkov, who said in a statement issued by his bank that he met with Kushner in his capacity as the then-chief executive of Kushner Properties, while Kushner assured Congress in a July 24, 2017, statement that the meeting did not involve "any discussion about my companies, business transactions, real estate projects, loans, banking arrangements or any private business of any kind". CNN reported on February 20, 2018, that Mueller's investigation has expanded beyond Kushner's contacts with Russia and now includes his efforts to secure financing for Kushner Properties from other foreign investors during the presidential transition. Kushner Properties sold the 666 Fifth Avenue building in summer 2018.

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  • The New York Times reported on April 9, 2018, that the Mueller investigation is examining a $150,000 donation Victor Pinchuk, a Ukrainian billionaire, made in September 2015 to the Donald J. Trump Foundation in exchange for a 20-minute appearance Trump made via video link to a conference in Kiev. This transaction came to light in documents the Trump Organization provided to investigators pursuant to a subpoena earlier in 2018. The donation, the largest the Foundation received in 2015 other than from Trump himself, was solicited by his attorney, Michael Cohen. The Times reported that the subpoena had demanded "documents, emails and other communications about several Russians, including some whose names have not been publicly tied to Mr. Trump".

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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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  • Kushner Properties—from which Jared Kushner resigned as CEO in early 2017 to serve as a senior advisor in the Trump White House—purchased the office tower located at 666 Fifth Avenue in Manhattan in 2007, just before Manhattan real estate prices fell in the Great Recession. The property has since experienced financial difficulties that the company has been attempting to resolve with new financing, without success, before the property's $1.2 billion mortgage comes due in February 2019. This effort has reportedly been complicated by Trump's election, which has caused potential lenders to avoid appearances of conflicts of interest. The matter has raised the interest of investigators who are looking at Kushner's December 2016 meeting with Sergei Gorkov, who said in a statement issued by his bank that he met with Kushner in his capacity as the then-chief executive of Kushner Properties, while Kushner assured Congress in a July 24, 2017, statement that the meeting did not involve "any discussion about my companies, business transactions, real estate projects, loans, banking arrangements or any private business of any kind". CNN reported on February 20, 2018, that Mueller's investigation has expanded beyond Kushner's contacts with Russia and now includes his efforts to secure financing for Kushner Properties from other foreign investors during the presidential transition. Kushner Properties sold the 666 Fifth Avenue building in summer 2018.

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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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