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Mueller Report: Investigation Found Russian Interference and Documented Ten Episodes of Potential Obstruction by Trump

Legal Apr 18, 2019
Our Analysis: Big Deal

The Mueller investigation produced 34 indictments, seven guilty pleas, and a conviction at trial. The report documented sweeping Russian interference in the 2016 election and identified ten episodes of potential obstruction of justice by the president, but declined to charge Trump based on DOJ policy that a sitting president cannot be indicted. More than 1,000 former federal prosecutors subsequently signed a statement that the conduct described would have resulted in criminal charges for anyone other than a sitting president. Trump later pardoned every campaign associate convicted in the probe.

Details

On April 18, 2019, the Department of Justice publicly released a redacted version of the 448-page report by Special Counsel Robert S. Mueller III on Russian interference in the 2016 presidential election. The investigation, which ran from May 17, 2017, to March 22, 2019, examined Russian efforts to influence the election, potential coordination between the Trump campaign and Russia, and potential obstruction of justice by President Trump. The probe resulted in criminal charges against 34 individuals and three companies, producing seven guilty pleas and one conviction at trial.

Background

The investigation originated from the FBI's Crossfire Hurricane inquiry, opened on July 31, 2016, after Australian diplomat Alexander Downer reported that Trump campaign foreign policy adviser George Papadopoulos had told him Russia possessed damaging information about Hillary Clinton. After Trump fired FBI Director James Comey on May 9, 2017, Deputy Attorney General Rod Rosenstein appointed Mueller as Special Counsel on May 17, 2017, to investigate "the Russian government's efforts to interfere in the 2016 presidential election," including any links or coordination with the Trump campaign.

Attorney General Jeff Sessions had recused himself from the investigation in March 2017 due to his own undisclosed contacts with Russian Ambassador Sergey Kislyak during the campaign, leaving oversight to Rosenstein. When Sessions later resigned, oversight passed to Acting Attorney General Matthew Whitaker, and then to William Barr, who was confirmed as Attorney General on February 14, 2019—both of whom had been critical of the Mueller investigation before their appointments.

Volume I: Russian Interference

The report's first volume detailed two principal methods of Russian interference in the 2016 election.

Internet Research Agency Social Media Campaign

The Internet Research Agency (IRA), a Russian organization funded by oligarch Yevgeny Prigozhin, conducted a social media disinformation campaign that supported Trump's candidacy and attacked Clinton's. On February 16, 2018, Mueller's office indicted 13 Russian nationals and three Russian entities for conspiracy to defraud the United States through this operation. The IRA created fictitious American personas, operated social media pages with hundreds of thousands of followers, and organized political rallies on U.S. soil.

Russian Military Intelligence Hacking

Russia's military intelligence agency (GRU) hacked into the computer networks of the Democratic Congressional Campaign Committee (DCCC) and the Democratic National Committee (DNC) beginning in March 2016, and separately hacked the email account of Clinton campaign chairman John Podesta. The GRU stole hundreds of thousands of documents and disseminated them through the fictitious personas "DCLeaks" and "Guccifer 2.0," and later through WikiLeaks. On July 13, 2018, Mueller indicted 12 GRU officers for their roles in these hacking operations.

Campaign Coordination Finding

The investigation examined numerous contacts between Trump campaign associates and individuals linked to the Russian government. However, the report stated that "the investigation did not establish that members of the Trump Campaign conspired or coordinated with the Russian government in its election interference activities." The report noted that coordination requires "an agreement—tacit or express—between the Trump Campaign" and Russia, and that the investigation did not find sufficient evidence to establish such an agreement.

The report emphasized it did not use the term "collusion" because it is not a specific offense under federal law. Multiple Trump associates nonetheless lied to investigators about their Russian contacts: George Papadopoulos, Rick Gates, Michael Flynn, and Michael Cohen all admitted to making false statements to federal investigators or Congress. No Trump campaign official reported their contacts with Russia or WikiLeaks to U.S. law enforcement during the campaign or transition.

Volume II: Obstruction of Justice

The report's second volume addressed whether Trump obstructed justice. Mueller's team identified ten episodes of potential obstruction while Trump was president and one prior to his election. The investigation found public and private actions "by the President that were capable of exerting undue influence over law enforcement investigations."

Key episodes included:

  • Comey firing: Mueller found "substantial evidence" that Trump fired FBI Director Comey because of Comey's unwillingness to publicly state that Trump was not personally under investigation
  • Attempt to fire Mueller: In June 2017, Trump directed White House Counsel Don McGahn to have the Special Counsel removed. McGahn refused, deciding he would resign rather than trigger what he called a potential "Saturday Night Massacre"
  • Ordering McGahn to create a false record: Trump subsequently asked McGahn to falsely deny press reports that he had ordered Mueller's firing and to create a false written record—all of which McGahn refused to do
  • Pressuring Comey on Flynn: After firing National Security Advisor Michael Flynn, Trump cleared his office for a one-on-one meeting with Comey and asked him to "let this go" regarding the FBI's investigation into Flynn
  • Efforts to limit the investigation: Trump asked former campaign manager Corey Lewandowski to deliver a message to Attorney General Sessions to publicly announce that the investigation was "very unfair" to the president and to curtail its scope

The report noted that Trump's obstruction efforts were mostly unsuccessful "because the persons who surrounded the President declined to carry out orders or accede to his requests."

The Decision Not to Charge

Mueller's team declined to make a traditional prosecutorial judgment on obstruction. This decision rested on a Department of Justice Office of Legal Counsel opinion that a sitting president cannot be indicted. Mueller further reasoned that it would be unfair to accuse the president of a crime when he could not be charged and thus would have no opportunity to clear his name at trial.

The report stated: "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, however, we are unable to reach that judgment."

The report indicated that Congress could decide whether Trump obstructed justice, and had the constitutional authority to take action. In his May 29, 2019 public statement upon resigning, Mueller said: "The Constitution requires a process other than the criminal justice system to formally accuse a sitting president of wrongdoing." In July 2019 congressional testimony, Mueller confirmed that a president could be charged with crimes including obstruction after leaving office.

Attorney General Barr's Handling

On March 24, 2019—two days after receiving the report—Attorney General Barr sent a four-page letter to Congress describing what he called the report's "principal conclusions." Barr stated that he and Deputy Attorney General Rosenstein had concluded the evidence was insufficient to establish obstruction of justice. Barr testified in May 2019 that neither he nor Rosenstein reviewed the underlying evidence before reaching this conclusion.

Three days after Barr's letter, Mueller wrote to Barr expressing concern that Barr's summary "did not fully capture the context, nature, and substance" of the investigation's findings, and that there was "public confusion about critical aspects of the results of our investigation." Mueller requested release of the report's introductions and executive summaries.

On April 18, Barr held a 90-minute press conference defending Trump and the decision not to charge him with obstruction immediately before the redacted report was released to the public. Following the release, Barr's letter was widely criticized as an intentionally misleading effort to shape public perception in Trump's favor, with analysts identifying significant discrepancies between Barr's characterizations and the report's actual findings. The New York Times reported that Barr's letter omitted information and quoted sentence fragments out of context in ways that significantly altered the report's findings, including omission of language indicating Trump could be subject to indictment after leaving office.

Indictments and Convictions

The investigation produced 34 indictments and three corporate indictments, with seven guilty pleas and one conviction at trial. Mueller also referred 14 criminal matters to other components of the Department of Justice. Key cases involving Trump associates included:

  • Paul Manafort (Trump campaign chairman): Found guilty of eight felony counts of tax evasion and bank fraud; later pleaded guilty to conspiracy and obstruction of justice. Sentenced to approximately 7.5 years in prison
  • Michael Flynn (National Security Advisor): Pleaded guilty to lying to the FBI about his contacts with Russian Ambassador Kislyak
  • Roger Stone (longtime Trump adviser): Convicted on all seven counts including obstruction, witness tampering, and lying to Congress about his communications with WikiLeaks. Sentenced to 40 months
  • Michael Cohen (personal attorney): Pleaded guilty to lying to Congress about the Trump Organization's pursuit of a Trump Tower Moscow project during the campaign. Separately sentenced to three years for tax evasion, bank fraud, and campaign finance violations
  • Rick Gates (deputy campaign chairman): Pleaded guilty to conspiracy and lying to investigators. Sentenced to 45 days in jail, three years of probation, and 300 hours of community service after cooperating extensively
  • George Papadopoulos (foreign policy adviser): Pleaded guilty to lying to the FBI about his Russian contacts. Sentenced to 14 days in prison

Additionally, 25 Russian nationals were indicted—13 for the social media operation and 12 GRU officers for the hacking campaign—though none are likely to face a U.S. courtroom.

Former Prosecutors' Statement

In May 2019, more than 1,000 former federal prosecutors who served under both Republican and Democratic administrations signed an open letter stating that the conduct described in the Mueller Report would, for any person not covered by the OLC policy, "result in multiple felony charges for obstruction of justice." The letter stated: "We believe strongly that, but for the OLC memo, the overwhelming weight of professional judgment would come down in favor of prosecution for the conduct outlined in the Mueller Report."

Trump's Pardons of Investigation Targets

During his first term, Trump pardoned or commuted the sentences of every campaign associate convicted in the Mueller investigation. In November 2020, he pardoned Michael Flynn. In December 2020, he pardoned Paul Manafort, Roger Stone, George Papadopoulos, and Alex van der Zwaan—the five individuals convicted or who pleaded guilty in connection with the probe. Trump did not pardon Rick Gates or Michael Cohen, both of whom had cooperated extensively with prosecutors.

Mueller's report had documented how Trump signaled to Manafort and Stone about the possibility of pardons during their criminal proceedings. Trump had publicly praised Manafort's refusal to cooperate and commended Stone for having "guts" not to testify against him, while calling cooperating witness Cohen a "rat." Lead Mueller prosecutor Andrew Weissmann described the pardons as "what you would expect to get if you gave the pardon power to a mob boss."

Trump's Response

Trump repeatedly characterized the investigation as a "witch hunt" and a "hoax" throughout its duration and afterward. He claimed the report provided "complete and total exoneration"—a characterization that contradicted the report itself, which explicitly stated it "does not exonerate" the president. When then-Attorney General Sessions informed Trump that Mueller had been appointed, a notetaker recorded Trump saying: "Oh my God. This is terrible. This is the end of my Presidency. I'm fucked."

Trump refused the Special Counsel's requests for an in-person interview. His written responses were characterized by Mueller's office as "incomplete" and "imprecise," with Trump stating on more than 30 occasions that he did not "recall" or "remember" or have "an independent recollection."