The Steele dossier asserted that Trump attorney Michael Cohen in August 2016 had a clandestine meeting with Kremlin representatives in Prague. Cohen has stated he has never been to Prague, inviting investigators to examine his passport. McClatchy reported on April 13, 2018, that Mueller's investigators have evidence that in August or early September 2016 Cohen traveled to Prague by way of Germany. Such a trip would not have required a passport as Germany and the Czech Republic are in the Schengen Area which has abolished passport and all other types of border control at their mutual borders. On April 14, 2018, Cohen again denied he had ever been to Prague, although weeks after the 2016 election he had told journalist David Corn he had been in Prague fourteen years earlier. McClatchy reported in December 2018 that a mobile phone traced to Cohen had "pinged" cellphone towers around Prague in late summer 2016. McClatchy also reported that during that time an eastern European intelligence agency had intercepted communications between Russians, one of whom mentioned that Cohen was in Prague. The Mueller Report did not conclude Cohen had been in Prague, citing his testimony to investigators.
On 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 InfoIn 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.
More InfoThe Steele dossier asserted that Trump attorney Michael Cohen in August 2016 had a clandestine meeting with Kremlin representatives in Prague. Cohen has stated he has never been to Prague, inviting investigators to examine his passport. McClatchy reported on April 13, 2018, that Mueller's investigators have evidence that in August or early September 2016 Cohen traveled to Prague by way of Germany. Such a trip would not have required a passport as Germany and the Czech Republic are in the Schengen Area which has abolished passport and all other types of border control at their mutual borders. On April 14, 2018, Cohen again denied he had ever been to Prague, although weeks after the 2016 election he had told journalist David Corn he had been in Prague fourteen years earlier. McClatchy reported in December 2018 that a mobile phone traced to Cohen had "pinged" cellphone towers around Prague in late summer 2016. McClatchy also reported that during that time an eastern European intelligence agency had intercepted communications between Russians, one of whom mentioned that Cohen was in Prague. The Mueller Report did not conclude Cohen had been in Prague, citing his testimony to investigators.
More InfoThe Trump Organization pursued a luxury hotel and condominium project in Moscow—dubbed the Trump Tower Moscow—during the Trump presidential campaign. This project was facilitated by Michael Cohen, then an attorney for the Trump Organization, and from January 2017 to May 2018 Trump's personal attorney. Trump signed a nonbinding "letter of intent" dated October 13, 2015, to proceed with the project. The letter, also signed by Russian investor Andrei Rozov, was forwarded to Cohen by Russian-American real estate developer Felix Sater, who had worked with The Trump Organization on prior deals, including Trump SoHo and Trump International Hotel & Residence. Sater has also been involved in criminal activities involving organized crime and has served as an informant to the FBI relating to those activities. He boasted to Cohen about his connections to Vladimir Putin, saying in an email to Cohen on November 13, 2015, "Buddy our boy can become president of the USA and we can engineer it. I will get all of Putins [sic] team to buy in on this. I will manage this process." He also asserted that he had secured financing for the project through the Russian state-owned VTB Bank, which was under sanctions by the United States government. Cohen emailed Putin spokesman Dmitry Peskov in January 2016 to request assistance in advancing the project and later stated he didn't recall receiving a response. Cohen told the Senate Intelligence Committee in September 2017 that the deal was abandoned in January 2016, but in November 2018 admitted in a guilty plea that he had minimized Trump's role in the plans "to be consistent with [Trump's] political messaging" and that negotiations had actually extended through June 2016. Cohen also admitted that Peskov's office had, in fact, replied to his January 2016 email and discussed the deal with him on the phone. In a sentencing memorandum filed the day after his guilty plea, Cohen's attorneys stated he kept Trump "apprised" of the "substantive conversation" Cohen had with the Russian official, and discussed with Trump traveling to Russia to advance the project during the summer of 2016. BuzzFeed News reported on March 12, 2018, that Mueller's investigators had questioned Sater, and on April 13, 2018, reported that a former Russian spy had helped secure financing for the project. In 2010, Sater was provided business cards describing himself as "Senior Advisor to Donald Trump" with an email address at TrumpOrg.com. In a 2013 sworn affidavit, Trump said "If [Sater] were sitting in the room right now, I really wouldn't know what he looked like," and in 2015 he stated "Felix Sater, boy, I have to even think about it. I'm not that familiar with him."
More InfoWhitaker, 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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