The Mueller Report: Presented with Related Materials by The Washington Post

by The Washington Post

In January 2018, Manafort told Gates that he had talked to the President’s personal counsel and they were “going to take care of us.”2131 Manafort told Gates it was stupid to plead, saying that he had been in touch with the President’s personal counsel and repeating that they should “sit tight” and “we’ll be taken care of.”2132 Gates asked Manafort outright if anyone mentioned pardons and Manafort said no one used that word.2133

On June 15, 2018, before a scheduled court hearing that day on whether Manafort’s bail should be revoked based on new charges that Manafort had tampered with witnesses while out on bail, the President told the press, “I feel badly about a lot of them because I think a lot of it is very unfair. T mean, I look at some of them where they go back 12 years. Like Manafort has nothing to do with our campaign. But I feel so—I tell you, I feel a little badly about it. They went back 12 years to get things that he did 12 years ago? . . . I feel badly for some people, because they’ve gone back 12 years to find things about somebody, and I don’t think it’s right.”2136 In response to a question about whether he was considering a pardon for Manafort or other individuals involved in the Special Counsel’s investigation, the President said, “I don’t want to talk about that. No, I don’t want to talk about that. . ..

Immediately following the revocation of Manafort’s bail, the President’s personal lawyer, Rudolph Giuliani, gave a series of interviews in which he raised the possibility of a pardon for Manafort.

Giuliani said the comments only acknowledged that an individual involved in the investigation would not be “excluded from [a pardon], if in fact the president and his advisors . . . come to the conclusion that you have been treated unfairly.”2143

When asked about the President’s tweets, Sanders told the press, “Certainly, the President’s been clear. He thinks Paul Manafort’s been treated unfairly.”2150

The President did not take further questions.2156 In response to the President’s statements, Manafort’s attorney said, “Mr. Manafort really appreciates the support of President Trump.”2157

The President described the Special Counsel’s investigation as “a witch hunt that ends in disgrace.”2160 The next day, the President tweeted, “I feel very badly for Paul Manafort and his wonderful family. ‘Justice’ took a 12 year old tax case, among other things, applied tremendous pressure on him and, unlike Michael Cohen, he refused to ‘break’—make up stories in order to get a ‘deal.’ Such respect for a brave man!”2161

Giuliani was reported to have publicly said that Manafort remained in a joint defense agreement with the President following Manafort’s guilty plea and agreement to cooperate, and that Manafort’s attorneys regularly briefed the President’s lawyers on the topics discussed and the information Manafort had provided in interviews with the Special Counsel’s Office.2168 On November 26, 2018, the Special Counsel’s Office disclosed in a public court filing that Manafort had breached his plea agreement by lying about multiple subjects.2169 The next day, Giuliani said that the President had been “upset for weeks” about what he considered to be “the un-American, horrible treatment of Manafort.”2170 In an interview on November 28, 2018, the President suggested that it was “very brave” that Manafort did not “flip”: If you told the truth, you go to jail. You know this flipping stuff is terrible. You flip and you lie and you get—the prosecutors will tell you 99 percent of the time they can get people to flip. It’s rare that they can’t. But I had three people: Manafort, Corsi—I don’t know Corsi, but he refuses to say what they demanded.2171 Manafort, Corsi [+ + + + +] It’s actually very brave.2172 In response to a question about a potential pardon for Manafort, the President said, “It was never discussed, but I wouldn’t take it off the table. Why would I take it off the table?”2173

With regard to Flynn, the President sent private and public messages to Flynn encouraging him to stay strong and conveying that the President still cared about him before he began to cooperate with the government. When Flynn’s attorneys withdrew him from a joint defense agreement with the President, signaling that Flynn was potentially cooperating with the government, the President’s personal counsel initially reminded Flynn’s counsel of the President’s warm feelings towards Flynn and said “that still remains.” But when Flynn’s counsel reiterated that Flynn could no longer share information under a joint defense agreement, the President’s personal counsel stated that the decision would be interpreted as reflecting Flynn’s hostility towards the President. That sequence of events could have had the potential to affect Flynn’s decision to cooperate, as well as the extent of that cooperation. Because of privilege issues, however, we could not determine whether the President was personally involved in or knew about the specific message his counsel delivered to Flynn’s counsel.

With respect to Manafort, there is evidence that the President’s actions had the potential to influence Manafort’s decision whether to cooperate with the government. The President and his personal counsel made repeated statements suggesting that a pardon was a possibility for Manafort, while also making it clear that the President did not want Manafort to “flip” and cooperate with the government. On June 15, 2018, the day the judge presiding over Manafort’s D.C. case was considering whether to revoke his bail, the President said that he “felt badly” for Manafort and stated, “I think a lot of it is very unfair.” And when asked about a pardon for Manafort, the President said, “I do want to see people treated fairly. That’s what it’s all about.” Later that day, after Manafort’s bail was revoked, the President called it a “tough sentence” that was “Very unfair!” Two days later, the President’s personal counsel stated that individuals involved in the Special Counsel’s investigation could receive a pardon “if in fact the [President and his advisors . . . come to the conclusion that you have been treated unfairly”—using language that paralleled how the President had already described the treatment of Manafort. Those statements, combined with the President’s commendation of Manafort for being a “brave man” who “refused to ‘break’,” suggested that a pardon was a more likely possibility if Manafort continued not to cooperate with the government. And while Manafort eventually pleaded...

While working on the congressional statement, Cohen had extensive discussions with the President’s personal counsel, who, according to Cohen, said that Cohen should not contradict the President and should keep the statement short and “tight.” After the FBI searched Cohen’s home and office in April 2018, the President publicly asserted that Cohen would not “flip” and privately passed messages of support to him. Cohen also discussed pardons with the President’s personal counsel and believed that if he stayed on message, he would get a pardon or the President would do “something else” to make the investigation end. But after Cohen began cooperating with the government in July 2018, the President publicly criticized him, called him a “rat,” and suggested his family members had committed crimes.

Cohen also discussed the project on multiple occasions with Donald Trump Jr. and Ivanka Trump.2197

Cohen thought his phone call renewed interest in the project.2206 The day after Cohen’s call with Poliakova, Sater texted Cohen, asking him to “[c]all me when you have a few minutes to chat . . . It’s about Putin they called today.”2207 Sater told Cohen that the Russian government liked the project and on January 25, 2016, sent an invitation for Cohen to visit Moscow “for a working visit.”2208

After January 2016, Cohen continued to have conversations with Sater about Trump Tower Moscow and continued to keep candidate Trump updated about those discussions and the status of the project.2210 Cohen recalled that he and Trump wanted Trump Tower Moscow to succeed and that Trump never discouraged him from working on the project because of the campaign.2211 In March or April 2016, Trump asked Cohen if anything was happening in Russia.2212 Cohen also recalled briefing Donald Trump Jr. in the spring—a conversation that Cohen said was not “idle chit chat” because Trump Tower Moscow was potentially a $1 billion deal.2213

Cohen recalled that around May 2016, he again raised with candidate Trump the possibility of a trip to Russia to advance the Trump Tower Moscow project.2214 At that time, Cohen had received several texts from Sater seeking to arrange dates for such a trip.2215 On May 4, 2016, Sater wrote to Cohen, “I had a chat with Moscow. ASSUMING the trip does happen the question is before or after the convention. . . . . Obviously the premeeting trip (you only) can happen anytime you want but the 2 big guys [is] the question. I said I would confirm and revert.”2216 Cohen responded, “My trip before Cleveland. Trump once he becomes the nominee after the convention.”2217 On May 5, 2016, Sater followed up with a text that Cohen thought he probably read to Trump: Peskov would like to invite you as his guest to the St. Petersburg Forum which is Russia’s Davos it’s June 16-19. He wants to meet there with you and possibly introduce you to either Putin or Medvedev. . . . This is perfect. The entire business class of Russia will be there as well. He said anything you want to discuss including dates and subjects are on the table to discuss.2218 Cohen recalled discussing the invitation to the St. Petersburg Economic Forum with candidate Trump and saying that Putin or Russian Prime Minister Dmitry Medvedev might be there.2219 Cohen remembered that Trump said that he would be willing to travel to Russia if Cohen could “lock and load” on the deal.2220 In June 2016, Cohen decided not to attend the St....

During the summer of 2016, Cohen recalled that candidate Trump publicly claimed that he had nothing to do with Russia and then shortly afterwards privately checked with Cohen about the status of the Trump Tower Moscow project, which Cohen found “interesting.”2223 At some point that summer, Cohen recalled having a brief conversation with Trump in which Cohen said the Trump Tower Moscow project was going nowhere because the Russian development company had not secured a piece of property for the project.2224 Trump said that was “too bad,” and Cohen did not recall talking with Trump about the proje...

Cohen said that the President’s personal counsel also conveyed that, as part of the JDA, Cohen was protected, which he would not be if he “went rogue.”

Cohen recalled that the President’s personal counsel reminded him that “the President loves you” and told him that if he stayed on message, the President had his back.2247

Between August 18, 2017, when the statement was in an initial draft stage, and August 28, 2017, when the statement was submitted to Congress, phone records reflect that Cohen spoke with the President’s personal counsel almost daily.2271 On August 27, 2017, the day before Cohen submitted the statement to Congress, Cohen and the President’s personal counsel had numerous contacts by phone, including calls lasting three, four, six, eleven, and eighteen minutes.2272 Cohen recalled telling the President’s personal counsel, who did not have first-hand knowledge of the project, that there was more detail on Trump Tower Moscow that was not in the statement, including that there were more communications with Russia and more communications with candidate Trump than the statement reflected.2273 Cohen stated that the President’s personal counsel responded that it was not necessary to elaborate or include those details because the project did not progress and that Cohen should keep his statement short and “tight” and the matter would soon come to an end.2274 Cohen recalled that the President’s personal counsel said “his client” appreciated Cohen, that Cohen should stay on message and not contradict the President, that there was no need to muddy the water, and that it was time to move on.2275 Cohen said he agreed because it was what he was expected to do.2276 After Cohen later pleaded guilty to making false statements to Congress about the Trump Tower Moscow project, this Office sought t...

On April 9, 2018, FBI agents working with the U.S. Attorney’s Office for the Southern District of New York executed search warrants on Cohen’s home, hotel room, and office.2295 That day, the President spoke to reporters and said that he had “just heard that they broke into the office of one of my personal attorneys—a good man.”2296 The President called the searches “a real disgrace” and said, “It’s an attack on our country, in a true sense. It’s an attack on what we all stand for.”2297 Cohen said that after the searches he was concerned that he was “an open book,” that he did not want issues arising from the payments to women to “come out,” and that his false statements to Congress were “a big concern.”2298 A few days after the searches, the President called Cohen.2299 According to Cohen, the President said he wanted to “check in” and asked if Cohen was okay, and the President encouraged Cohen to “hang in there” and “stay strong.”2300 Cohen also recalled that following the searches he heard from individuals who were in touch with the President and relayed to Cohen the President’s support for him.2301 Cohen recalled that[# # # # # # # # # # # # # #], a friend of the President’s, reached out to say that he was with “the Boss” in Mar-a-Lago and the President had said “he loves you” and not to worry.2302 2303 2304 Cohen recalled that [# # # # # # # # # # # # # # # # # # # # # ## # # # #]for the Trump Organization, told him, “the boss loves you.”1U2U And Cohen said that [# # # ...

In an email that day to Cohen, Costello wrote that he had spoken with Giuliani.2309 Costello told Cohen the conversation was “Very Very Positive[.] You are ‘loved’. . . they are in our corner. . . . Sleep well tonight[], you have friends in high places.”2310

Cohen said that following these messages he believed he had the support of the White House if he continued to toe the party line, and he determined to stay on message and be part of the team.2311 At the time, Cohen’s understood that his legal fees were still being paid by the Trump Organization, which he said was important to him.2312 Cohen believed he needed the powe...

Cohen also recalled speaking with the President’s personal counsel about pardons after the searches of his home and office had occurred, at a time when the media had reported that pardon discussions were occurring at the White House.2314 Cohen told the President’s personal counsel he had been a loyal lawyer and servant, and he said that after the searches he was in an uncomfortable position and wanted to know what was in it for him.2315 According to Cohen, the President’s personal counsel responded that Cohen should stay on message, that the investigation was a witch hunt, and that everything would be fine.2316 Cohen understood based on this conversation and previous conversations about pardons with the President’s personal counsel that as long as he stayed on message, he would be taken care of by the President, either through a pardon or through the investigation being shut down.2317 On April 24, 2018, the President responded to a reporter’s inquiry whether he would consider a pardon for Cohen with, “Stupid question.”2318 On June 8, 2018, the President said he “hadn’t even thought about” pardons for Manafort or Cohen, and continued, “It’s far too early to be thinking about that. They haven’t been convicted of anything. There’s nothing to pardon.”2319 And on June 15, 2018, the President expressed sympathy for Cohen, Manafort, and Flynn in a press interview and said, “I feel badly about a lot of them, because I think a lot of it is very unfair.”2320

‘Michael Cohen asks judge for no Prison Time.’ You mean he can do all of the TERRIBLE, unrelated to Trump, things having to do with fraud, big loans. Taxis, etc., and not serve a long prison term? He makes up stories to get a GREAT & ALREADY reduced deal for himself, and get his wife and father-in-law (who has the money?) off Scott Free. He lied for this outcome and should, in my opinion, serve a full and complete sentence.”2343

I never directed Michael Cohen to break the law. . . . Those charges were just agreed to by him in order to embarrass the president and get a much reduced prison sentence, which he did—including the fact that his family was temporarily let off the hook. As a lawyer, Michael has great liability to me!2346

On December 16, 2018, the President tweeted, “Remember, Michael Cohen only became a ‘Rat’ after the FBI did something which was absolutely unthinkable & unheard of until the Witch Hunt was illegally started. They BROKE INTO AN ATTORNEY’S OFFICE! Why didn’t they break into the DNC to get the Server, or Crooked’s office?”2347

[I]n order to get his sentence reduced, [Cohen] says “I have an idea, I’ll ah, tell—I’ll give you some information on the president.” Well, there is no information. But he should give information maybe on his father-in-law because that’s the one that people want to look at because where does that money—that’s the money in the family. And I guess he didn’t want to talk about his father-in-law, he’s trying to get his sentence reduced. So it’s ah, pretty sad. You know, it’s weak and it’s very sad to watch a thing like that.2348 On January 18, 2019, the President tweeted, “Kevin Corke, @FoxNews ‘Don’t forget, Michael Cohen has already been convicted of perjury and fraud, and as recently as this week, the Wall Street Journal has suggested that he may have stolen tens of thousands of dollars. . . .’ Lying to reduce his jail time! Watch father-in-law!”2349

On January 23, 2019, Cohen postponed his congressional testimony, citing threats against his family.2350 The next day, the President tweeted, “So interesting that bad lawyer Michael Cohen, who sadly will not be testifying before Congress, is using the lawyer of Crooked Hillary Clinton to represent him—Gee, how did that happen?”2351 Also in January 2019, Giuliani gave press interviews that appeared to confirm Cohen’s account that the Trump Organization pursued the Trump Tower Moscow project well past January 2016. Giuliani stated that “it’s our understanding that [discussions about the Trump Moscow project] went on throughout 2016. Weren’t a lot of them, but there were conversations. Can’t be sure of the exact date. But the president can remember having conversations with him about it. . . . The president also remembers—yeah, probably up—could be up to as far as October, November.”2352 In an interview with the New York Times, Giuliani quoted the President as saying that the discussions regarding the Trump Moscow project were “going on from the day I announced to the day I won.”2353 On January 21, 2019, Giuliani issued a statement that said: “My recent statements about discussions during the 2016 campaign between Michael Cohen and candidate Donald Trump about a potential Trump Moscow ‘project’ were hypothetical and not based on conversations I had with the president.”2354

Before Cohen began to cooperate with the government, the President publicly and privately urged Cohen to stay on message and not “flip.” Cohen recalled the President’s personal counsel telling him that he would be protected so long as he did not go “rogue.” In the days and weeks that followed the April 2018 searches of Cohen’s home and office, the President told reporters that Cohen was a “good man” and said he was “a fine person with a wonderful family . . . who I have always liked & respected.” Privately, the President told Cohen to “hang in there” and “stay strong.” People who were close to both Cohen and the President passed messages to Cohen that “the President loves you,” “the boss loves you,” and “everyone knows the boss has your back.” Through the President’s personal counsel, the President also had previously told Cohen “thanks for what you do” after Cohen provided information to the media about payments to women that, according to Cohen, both Cohen and the President knew was false. At that time, the Trump Organization continued to pay Cohen’s legal fees, which was important to Cohen. Cohen also recalled discussing the possibility of a pardon with the President’s personal counsel, who told him to stay on message and everything would be fine. The President indicated in his public statements that a pardon had not been ruled out, and also stated publicly that “[mjost people will flip if the Government lets them out of trouble” but that he “d[idn’t] see Michael doing ...

Finally, the President’s statements insinuating that members of Cohen’s family committed crimes after Cohen began cooperating with the government could be viewed as an effort to retaliate against Cohen and chill further testimony adverse to the President by Cohen or others. It is possible that the President believes, as reflected in his tweets, that Cohen “ma[d]e[] up stories” in order to get a deal for himself and “get his wife and father-in-law . . . off Scott Free.” It also is possible that the President’s mention of Cohen’s wife and father-in-law were not intended to affect Cohen as a witness but rather were part of a public-relations strategy aimed at discrediting Cohen and deflecting attention away from the President on Cohen-related matters. But the President’s suggestion that Cohen’s family members committed crimes happened more than once, including just before Cohen was sentenced (at the same time as the President stated that Cohen “should, in my opinion, serve a full and complete sentence”) and again just before Cohen was scheduled to testify before Congress. The timing of the statements supports an inference that they were intended at least in part to discourage Cohen from further cooperation.

The President’s efforts to influence the investigation were mostly unsuccessful, but that is largely because the persons who surrounded the President declined to carry out orders or accede to his requests. Comey did not end the investigation of Flynn, which ultimately resulted in Flynn’s prosecution and conviction for lying to the FBI. McGahn did not tell the Acting Attorney General that the Special Counsel must be removed, but was instead prepared to resign over the President’s order. Lewandowski and Dearborn did not deliver the President’s message to Sessions that he should confine the Russia investigation to future election meddling only. And McGahn refused to recede from his recollections about events surrounding the President’s direction to have the Special Counsel removed, despite the President’s multiple demands that he do so. Consistent with that pattern, the evidence we obtained would not support potential obstruction charges against the President’s aides and associates beyond those already filed.

Rather, our analysis led us to conclude that the obstruction-of-justice statutes can validly prohibit a President’s corrupt efforts to use his official powers to curtail, end, or interfere with an investigation.

Applying the Court’s framework for analysis, we concluded that Congress can validly regulate the President’s exercise of official duties to prohibit actions motivated by a corrupt intent to obstruct justice.

The President has no more right than other citizens to impede official proceedings by corruptly influencing witness testimony.

Because we determined not to make a traditional prosecutorial judgment, we did not draw ultimate conclusions about the President’s conduct.

At the same time, if we had confidence after a thorough investigation of the facts that the President clearly did not commit obstruction of justice, we would so state. Based on the facts and the applicable legal standards, we are unable to reach that judgment.

A lifelong friend said that after Vietnam, Mueller “went from being this affable, good guy, good athlete” to having the “backbone and the steel that he has today.” But Mueller doesn’t talk about those harrowing months in the jungle. “That is not his style. He doesn’t brag about himself.”

Trump has said he had bone spurs in his foot. During his presidential campaign, Trump said he could not recall which foot had the spurs. Later, his campaign said he had them in both heels. At another point, a campaign statement said that in 1969, Trump was fit for service and “had his draft number been selected, he would have proudly served.” His draft lottery number was 356 out of 366—high enough that he almost certainly would have been spared from mandatory service.

But by 1995, he was ensconced in the $400,000-a-year luxury of a white-collar litigation job in the Washington office of a Boston law firm, Hale and Dorr. It was not a happy time. “He hated it,” said Wilner, the longtime friend. “He couldn’t stand selling his services to defend people he thought might be guilty. . . . There was no hesitation for Bob in leaving a lucrative job to . . . do what he thought was helping make the world a better place.” So one day, Mueller called the District’s local prosecutor, U.S. Attorney Eric H. Holder Jr., and asked for a job, not handling the office’s big national cases but working the line, prosecuting homicides on the streets of Washington. He wanted no title, no supervisory position. He told Holder that he was shaken by all of the killings in Washington, then the nation’s murder capital, and that he just wanted to try homicide cases. “I was taken aback,” Holder recalled. He reminded Mueller that coming to work at the “Triple Nickel”—as the prosecutors’ office at 555 Fourth Street NW was called—would mean a pay cut of more than 75 percent, a big step down in stature and a daunting job. The District, plagued with a crack cocaine epidemic and about 400 homicides a year, was a nightmare for prosecutors, who faced huge caseloads and witnesses who often were too scared to talk. Mueller said he knew what he was getting into. Holder hired him but insisted on giving him a title—senior litigation counsel—and eventually made him head of the homici...

”The key to the way I promote is bravado,” he wrote in “Trump: The Art of the Deal,” his best-selling book. “I play to people’s fantasies. People may not always think big themselves, but they can still get very excited by those who do. That’s why a little hyperbole never hurts.”

While working on his first hotel project in 1976, Trump persuaded a New York Times reporter to profile him as “a major New York builder,” even though he had never built a thing and had no financing.

After Mueller did a stint as U.S. attorney in San Francisco, President George W. Bush nominated him to direct the FBI. He was sworn in on Sept. 4, 2001, one week before the planes hit the twin towers. For the next 12 years, in both Republican and Democratic administrations, Mueller led the FBI through one of the most difficult periods in its history. The bureau shifted from a domestic law enforcement agency largely focused on criminal threats to a global intelligence organization reoriented to fight terrorism.

Mueller usually avoided the limelight. He frustrated his speechwriters by crossing out every “I” in speeches they wrote for him. It wasn’t about him, he told them: “It’s about the organization.”

For four decades, Trump toyed with the idea of entering politics. He changed his party registration seven times between 1999 and 2012—he was a Democrat twice, a Republican three times and an independent. In 2000, he briefly ran for president under the Reform Party banner. Once, when asked in a television interview why he was a Republican, he said, “I have no idea.”