Special Counsel investigation (2017–2019)

Who was the Deputy Attorney General that approved the raid on Cohen's office?

The warrant was personally approved by Deputy Attorney General Rod Rosenstein and carried out by the public corruption unit of the SDNY. Geoffrey Berman, the interim head of the SDNY, was recused from the matter; a Trump appointee, he had worked as a volunteer attorney on the Trump campaign. Further, due to the sensitive nature of the raid and the attorney–client privilege, a special "taint" team is required to review the documents to carefully separate out privileged and protected documents that may have been seized in the raid to ensure those inadmissible documents are not passed on to investigators. Legal blogger and former federal prosecutor Ken White of Popehat published a New York Times op-ed giving some background on the DOJ procedures required to approve such a raid, saying the search "suggests that the prosecutors believe they can convince a judge that communications between Mr. Trump and Mr. Cohen fall under the crime-fraud exception" of attorney-client privilege. It called the raid "highly dangerous" for both Cohen and Trump. White posted further analysis on Popehat, citing section 9-13.320 [sic] [recte 9-13.420] of the United States Attorneys' Manual, which sets the guidelines and regulations for searches of attorney premises.


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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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  • The Special Counsel investigation expanded to include Trump's and his associates' financial ties to Russia. The FBI is reviewing the financial records of Trump himself, The Trump Organization, Trump's family members, and his campaign staff, including Trump's real estate activities, which had been under federal scrutiny before the campaign. According to CNN, financial crimes may be easier for investigators to prove than any crimes stemming directly from collusion with Russia. Campaign staff whose finances are under investigation include Manafort, Flynn, Carter Page, and Trump's son-in-law Jared Kushner. At a New York real estate conference in September 2008, Donald Trump Jr. stated: "And in terms of high-end product influx into the US, Russians make up a pretty disproportionate cross-section of a lot of our assets; say in Dubai, and certainly with our project in SoHo and anywhere in New York. We see a lot of money pouring in from Russia." McClatchy reported on April 6, 2018, that Mueller's investigators that week arrived unannounced at the home of an unnamed business associate of the Trump Organization who had worked on foreign deals for the company in recent years. The investigators had warrants for electronic records and to compel sworn testimony, and were reported to be particularly interested in transactions involving Trump's attorney Michael Cohen.

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  • Mueller investigated the meeting on June 9, 2016, in Trump Tower in New York City between three senior members of Trump's presidential campaign—Kushner, Manafort, and Donald Trump Jr.—and at least five other people, including Russian lawyer Natalia Veselnitskaya, Rinat Akhmetshin, a lobbyist and former Soviet army officer who met senior Trump campaign aides, Ike Kaveladze, British publicist Rob Goldstone, and translator Anatoli Samochornov. Goldstone had suggested the meeting to Trump Jr., and it was arranged in a series of emails later made public. In one email exchange of June 3, 2016, Goldstone wrote Trump Jr. that Aras Agalarov "offered to provide the Trump campaign with some official documents and information that would incriminate Hillary and her dealings with Russia and would be very useful to your father", adding that it was "very high level and sensitive information but is part of Russia and its government's support for Mr. Trump" that he could send to Donald Trump's assistant Rhona Graff. Trump Jr. responded minutes later "Thanks Rob I appreciate that" and "if it's what you say I love it." Trump Jr. initially told the press that the meeting was held to discuss adoptions of Russian children by Americans, but after contrary media reports he added that he agreed to the meeting with the understanding that he would receive information damaging to Hillary Clinton. Mueller's team investigated the emails and the meeting, and whether President Trump later tried to hide the meeting's purpose. On July 18, 2017, Kaveladze's attorney said that Mueller's investigators were seeking information about the meeting in June 2016 from his client, and on July 21, Mueller asked the White House to preserve all documents related to the meeting. It has been reported that Manafort had made notes during the meeting. CNN reported on July 26, 2018, that anonymous sources stated that Michael Cohen was prepared to tell the Mueller investigation that Trump was aware of and approved of the June 9, 2016, meeting in advance, which Trump and Trump Jr. have repeatedly denied. CNN reported in the same story that Cohen attorney Lanny Davis had declined to comment for the report. The following day, The Washington Post reported a similar story coming from one anonymous source, although the paper did not specifically mention Russians. One month later, Davis identified himself as that source, clarifying that he could not be certain of Cohen's knowledge in the matter. Davis also asserted he had been a source for the CNN story. A CNN spokeswoman stated, "We stand by our story, and are confident in our reporting of it."

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  • Transactions under investigation include Russian purchases of Trump apartments, a SoHo development with Russian associates, the 2013 Miss Universe pageant in Moscow, transactions with the Bank of Cyprus, real estate financing organized by Kushner, and Trump's sale of a Florida mansion for $30 million over its appraised value to Russian oligarch Dmitry Rybolovlev. The special counsel team has contacted Deutsche Bank, which is the main banking institution doing business with The Trump Organization. The Wall Street Journal reported on December 6, 2017, that Deutsche Bank received a subpoena from Mueller's office earlier that fall concerning people or entities affiliated with President Trump. The original Journal story incorrectly reported that Trump's records had been subpoenaed, which The New York Times reported on April 10, 2018 prompted Trump to tell his advisers "in no uncertain terms" that the Mueller investigation must be shut down, before Mueller's office advised his attorneys the report was inaccurate.

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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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