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.
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.
More InfoThe Special Counsel investigation was an investigation of Russian interference in the 2016 United States elections, alleged links between associates of Donald Trump and Russian officials and possible obstruction of justice by Trump, conducted by special prosecutor Robert Mueller from May 2017 to March 2019. It was also called the Russia investigation, the Mueller probe, and the Mueller investigation. Prior to the appointment of the Special Counsel, the Federal Bureau of Investigation (FBI) has been, starting in July 2016, covertly investigating activities by Russian operatives and by members of the Trump presidential campaign, under the code name "Crossfire Hurricane". The investigation culminated with the Mueller Report which concluded that — though the Trump campaign welcomed Russian interference and expected to benefit from it — there was insufficient evidence to bring any conspiracy charges against Trump or his associates. The Report did not reach a conclusion about possible obstruction of justice, citing a Justice Department guideline that prohibits the federal indictment of a sitting president.
More InfoThe special counsel appointment on May 17, 2017, came after protests, mostly from Democrats, over President Trump firing the FBI Director James Comey on May 9, 2017. In Congress, in reaction to Comey's firing, over 130 Democratic lawmakers called for a special counsel to be appointed, over 80 Democratic lawmakers called for an independent investigation, while over 40 Republican lawmakers expressed questions or concerns. Complicating the situation, Comey arranged to leak to the press classified information, notes from an interview with the president where Trump asked him to end the probe into Michael Flynn. Comey would later be rebuked by the Department of Justice's Office of Inspector General for this action. Trump fired Comey on the recommendations of Attorney General Jeff Sessions and Deputy Attorney General Rod Rosenstein.
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 InfoThe 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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