Special Counsel investigation (2017–2019)

Who wrote the document that identified a man Gates' communications with GRU?

The New York Times reported, on March 28, 2018, that former Trump campaign deputy chairman Rick Gates had, in September and October 2016, frequently communicated with a man that the FBI believes is a former agent of GRU, Russia's largest foreign intelligence agency, and who had maintained active links with Russian intelligence during these communications; this disclosure was written into a court sentencing document for Alex van der Zwaan, submitted by Robert Mueller. Identified in the document as "Person A", The Times reported that the man matched the description of Konstantin Kilimnik, who, for years, was Paul Manafort's "right-hand man" in Ukraine. Gates reportedly told an associate that he knew "Person A" was a former GRU agent, although Manafort told associates he was not aware of such a connection. The Times reported on January 8, 2019, that in spring 2016 Gates and Manafort gave polling data, some of which was private to the Trump campaign, to Kilimnik, asking he pass it to Ukrainians Serhiy Lyovochkin and Rinat Akhmetov. During a closed-door court hearing on February 4, 2019, regarding false statements Manafort had made to investigators about his communications with Kilimnik, special counsel prosecutor Andrew Weissmann told judge Amy Berman Jackson that "This goes, I think, very much to the heart of what the special counsel's office is investigating," suggesting that Mueller's office continued to examine a possible agreement between Russia and the Trump campaign.


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  • Whitaker, a vocal Trump supporter, had publicly criticized the Mueller investigation on several occasions before joining the Justice Department in September 2017, asserting it was "going too far" and referring to it as a "lynch mob". Whitaker is also a personal friend of Sam Clovis, a former co-chair of the Trump campaign who has testified to Mueller's investigators and grand jury. Because of his prior statements and involvement, many Democrats and some Republicans have asserted that Whitaker's potential conflicts of interest require him to recuse himself from overseeing Mueller, although Whitaker reportedly indicated he had no intention of doing so. Justice Department ethics officials typically review conflicts of interest to recommend recusals, but their findings are not binding and are usually kept confidential.

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  • In January 2017, an assessment was released by the Office of the Director of National Intelligence, then headed by Obama appointee James Clapper, which asserted that Russian leadership had favored presidential candidate Donald Trump over rival candidate Hillary Clinton, adding that Russian President Vladimir Putin had personally ordered an "influence campaign" to harm Clinton's electoral chances and "undermine public faith in the US democratic process". It is alleged that the Russian government interfered in the 2016 presidential election by bolstering the candidacies of Trump, Bernie Sanders, and Jill Stein in order to increase political instability in the United States as well as to damage the Clinton presidential campaign.

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  • The New York Times reported, on March 28, 2018, that former Trump campaign deputy chairman Rick Gates had, in September and October 2016, frequently communicated with a man that the FBI believes is a former agent of GRU, Russia's largest foreign intelligence agency, and who had maintained active links with Russian intelligence during these communications; this disclosure was written into a court sentencing document for Alex van der Zwaan, submitted by Robert Mueller. Identified in the document as "Person A", The Times reported that the man matched the description of Konstantin Kilimnik, who, for years, was Paul Manafort's "right-hand man" in Ukraine. Gates reportedly told an associate that he knew "Person A" was a former GRU agent, although Manafort told associates he was not aware of such a connection. The Times reported on January 8, 2019, that in spring 2016 Gates and Manafort gave polling data, some of which was private to the Trump campaign, to Kilimnik, asking he pass it to Ukrainians Serhiy Lyovochkin and Rinat Akhmetov. During a closed-door court hearing on February 4, 2019, regarding false statements Manafort had made to investigators about his communications with Kilimnik, special counsel prosecutor Andrew Weissmann told judge Amy Berman Jackson that "This goes, I think, very much to the heart of what the special counsel's office is investigating," suggesting that Mueller's office continued to examine a possible agreement between Russia and the Trump campaign.

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  • The 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.

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  • The 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.

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