61. Singman, “Special Counsel Mueller’s Team Has Only One Known Republican.”
62. “Robert S. Mueller III (1990–1993),” United States Department of Justice, https://www.justice.gov/criminal/history/assistant-attorneys-general/robert-s-mueller; CNN Wire Staff, “Obama Requests 2 More Years for FBI Chief,” CNN, May 13, 2011.
63. Brooke Singman, “More Clinton Ties on Mueller Team: One Deputy Attended Clinton Party, Another Rep’d Top Aide,” Fox News, December 8, 2017.
64. Peter Nicholas, Aruna Viswanatha, and Erica Orden, “Trump’s Allies Urge Harder Line as Mueller Probe Heats Up,” Wall Street Journal, December 8, 2017; David Shortell, “Mueller Attorney Praised Yates as DOJ Official Emails Show,” CNN, December 5, 2017.
65. Sidney Powell, “Meet the Very Shady Prosecutor Robert Mueller Has Hired for the Russia Investigation,” Daily Caller, November 20, 2017; Sidney Powell, “Political Prosecution: Mueller’s Hit Squad Covered for Clinton and Persecutes Trump Associates,” Daily Caller, December 6, 2017; Sidney Powell, “In Andrew Weissmann, the DOJ Makes a Stunningly Bad Choice for Crucial Role,” Observer, January 12, 2015.
66. Sidney Powell, “Judging by Mueller’s Staffing Choices, He May Not Be Very Interested in Justice,” The Hill, October 19, 2017.
67. Josh Gerstein, “Details Emerge on Justice Department Meeting with Reporters on Manafort,” Politico, July 8, 2018; Chuck Ross, “Mueller’s ‘Pit Bull’ Arranged Meeting with Reporters to Discuss Manafort Investigation,” Daily Caller, July 8, 2018; Sara Carter, “New Texts Reveal FBI Leaked Information to the Press to Damage Trump,” September 10, 2018, https://saraacarter.com/new-texts-reveal-fbi-leaked-information-to-the-press-to-damage-trump/.
68. Author’s interview with John Dowd, lawyer for President Trump, June 13, 2019.
69. Press Room, “Judicial Watch Obtains DOJ Documents Showing Andrew Weissmann Leading Hiring Effort for Mueller Special Counsel,” Judicial Watch, May 14, 2019.
70. Author’s interview with Rudy Giuliani, lawyer for President Trump, July 10, 2019.
71. Singman, “More Clinton Ties on Mueller Team.”
72. Brooke Singman, “Top Mueller Investigator’s Democratic Ties Raise New Bias Questions,” Fox News, December 7, 2017.
73. “Full Transcript: Mueller Testimony Before House Judiciary, Intelligence Committees,” see questioning by Rep. Kelly Armstrong.
74. Singman, “More Clinton Ties on Mueller Team.”
75. Adam Mill, “How Long Has Robert Mueller Been Like This?,” The Federalist, July 25, 2019.
76. Josh Gerstein, “Another Prosecutor Joins Trump-Russia Probe,” Politico, September 15, 2017.
77. Ibid.
78. Byron York, “Key Justice Department Officials, Including Mueller Deputy, Knew About Dossier,” Washington Examiner, January 17, 2019.
79. Gregg Jarrett, “Mueller’s Team Knew ‘Dossier’ Kicking Off Trump Investigation Was Biased and Defective,” Fox News, January 17, 2019.
80. Brooke Singman, “McCabe Says He ‘Made the Decision’ to Remove Strzok from Mueller Team: Transcript,” Fox News, May 21, 2019.
81. Bill House, “House Republicans Prepare Contempt Action Against FBI & DOJ,” Bloomberg, December 3, 2017; Julia Reinstein, “Mueller Removed an FBI Agent from His Russia Probe Due to Alleged Anti-Trump Texts,” BuzzFeed News, December 3, 2017.
82. Jerry Dunleavy and Daniel Chaitin, “Peter Strzok Said Mueller Never Asked if Anti-Trump Bias Influenced Russia Investigation Decisions,” Washington Examiner, March 14, 2019.
83. Josh Delk, “GOP Senator: Mueller ‘Needs to Clean House of Partisans,’ ” The Hill, December 16, 2017; Ken Dilanian, “Republicans Step Up Attacks on Special Counsel Robert Mueller,” NBC News, December 13, 2017.
84. Deroy Murdock, “The Mueller Probe: A Year-Old Hyper-partisan Circus,” National Review, May 18, 2018.
85. Ned Ryun, “Mueller Has a Partisan Pack of Wolves and an Illegitimate Investigation,” The Hill, December 17, 2017.
86. Olivia Victoria Gazis, “House Intel Dems Slam GOP Draft Report on Russia Probe,” CBS News, March 13, 2018.
87. Camilo Montoya-Galvez, “Schiff Says Trump Faces ‘Real Prospect of Jail Time’ After Leaving Office,” CBS News, December 9, 2018.
88. Norman Eisen, tweet, February 27, 2018, https://twitter.com/NormEisen/status/968473271304941568.
89. Representative Jerrold Nadler, CNN, November 30, 2018; Representative Eric Swalwell, CNN, March 16, 2018; Senator Richard Blumenthal, MSNBC, October 17, 2018; Senator Ron Wyden, CNN, December 14, 2017; Tom Perez, NBC, “Meet the Press,” April 22, 2018; Representative Maxine Waters, Town Hall, Black Congressional Caucus Foundation, September 21, 2017; former GOP representative David Jolly, MSNBC, May 17, 2017. See also Tim Murtaugh, Director of Communications, Donald J. Trump for President, Inc., memorandum to Television Producers re “Credibility of Certain Guests,” March 25, 2019, https://www.scribd.com/document/403100260/March-25-2019-Tim-Murtaugh-Trump-Campaign-Memo-to-TV-Producers.
90. Aiden McLaughlin, “Former Acting Solicitor General Neal Katyal: Trump’s Future Looks Like It’s Behind Bars,” Mediaite, December 10, 2018.
91. “Neal Katyal: Mueller’s Report Is ‘The Beginning of the End,’ ” The Late Show with Stephen Colbert, YouTube, April 19, 2019, https://www.youtube.com/watch?v=49V9_JE4S7A.
92. Zack Beauchamp, “Legal Experts Say Donald Trump Jr. Has Just Confessed to a Federal Crime,” Vox, July 11, 2017.
93. “Hardball with Chris Matthews: Trump Defends Son, Transcript 7/17/17 Draws Contrast with Clinton,” MSNBC, July 17, 2017. See also Jonathan Turley, “Mueller’s End: A Conclusion on Collusion, but Confusion on Obstruction,” The Hill, March 24, 2019.
94. Rachel Maddow, MSNBC, January 17, 2017; Rachel Maddow, MSNBC, March 17, 2017; Nicolle Wallace, MSNBC and NBC, July 6, 2017; Mika Brzezinski, MSNBC, March 6, 2017; Mika Brzezinski, MSNBC, December 5, 2017; Lawrence O’Donnell, MSNBC, June 5, 2017; Donny Deutsch, MSNBC, May 12, 2017; Donny Deutsch, MSNBC, July 17, 2018; Carl Bernstein, CNN, July 17, 2018; Anderson Cooper, CNN, November 15, 2018; Joy Reid, MSNBC, April 8, 2018.
95. Gregg Jarrett, The Russia Hoax: The Illicit Scheme to Clear Hillary Clinton and Frame Donald Trump (New York: Broadside Books, 2018), xii, 104.
96. The Mueller Report, 167.
97. Asha Rangappa, “How Barr and Trump Use a Russian Disinformation Tactic,” New York Times, April 19, 2019.
98. Jarrett, The Russia Hoax, 105–06, 173–79.
99. Kimberley A. Strassel, “Mueller’s Report Speaks Volumes,” Wall Street Journal, April 18, 2019.
100. The Mueller Report, 41; see also 79–80.
101. Noah Bierman, “Donald Trump Invites Russia to Hack Hillary Clinton’s Emails,” Los Angeles Times, July 27, 2016.
102. James B. Comey, “Statement by FBI Director James B. Comey on the Investigation of Secretary Hillary Clinton’s Use of a Personal E-Mail System,” FBI National Press Office, July 5, 2016, https://www.fbi.gov/news/pressrel/press-releases/statement-by-fbi-director-james-b-comey-on-the-investigation-of-secretary-hillary-clinton2019s-use-of-a-personal-e-mail-system.
103. Fred Wertheimer and Norman Eisen, “Trump Illegally Asked Russia to Help Him Win in 2016. He Shouldn’t Get Away with It,” USA Today, January 2, 2019.
104. The Mueller Report, 42; see also 101–02.
105. Ibid., 105–06.
106. Ibid., 106.
107. Gregg Jarrett, interview with Rudy Giuliani, July 10, 2019.
108. Nolan D. McCaskill, Alex Isenstadt, and Shane Goldmacher, “Paul Manafort Resigns from Trump Campaign,” Politico, August 19, 2016.
109. The Mueller Report, 132.
110. Sharon LaFraniere, Kenneth P. Vogel, and Maggie Haberman, “Manafort Accused of Sharing Trump Polling Data with Russian Associate,” New York Times, January 8, 2019.
111. Matt Naham, “Fmr Fed Prosecutor: It Doesn’t Get Much More ‘Collusive’ than Manafort Sharing Polling Data with Kilimnik,” Law & Crime, January 9, 2019.
113. “Company Intelligence Report 2016/080,” December 13, 2016, 9, 30, https://www.documentcloud.org/documents/3259984-Trump-Intelligence-Allegations.html.
114. The Mueller Report, 87–92.
115. Ibid., 87.
116. Joe Becker, Matt Apuzzo, and Adam Goldman, “Trump Team Met with Lawyer Linked to Kremlin During Campaign,” New York Times, July 8, 2017.
117. Tom Porter, “Donald Trump Jr. ‘Treason’ Emails Prove Russian Collusion: Tim Kaine,” Newsweek, July 11, 2017; Rachel Stockman, “ ‘This is Treason’: Some Legal Experts Say Trump Jr.’s Clinton Dirt/Russia Meeting Was Illegal,” Law & Crime, July 9, 2017.
118. United States Code, 18 U.S.C. § 371, “Conspiracy to Commit Offense or to Defraud United States.”
119. Hass v. Henkel, 216 U.S. 462 (1910); Hammerschmidt v. United States, 265 U.S. 182 (1024); see also “923. 18 U.S.C. § 371—Conspiracy to Defraud the United States,” United States Department of Justice, https://www.justice.gov/jm/criminal-resource-manual-923-18-usc-371-conspiracy-defraud-us.
120. The Mueller Report, 175.
121. Ibid., 168.
122. United States Code, 18 U.S.C. § 1349, et al., “Attempt and Conspiracy”; The Mueller Report, 168.
123. Karoun Demirjaian, “Pelosi Suggests Trump Surrogates Violated Law as Members Try to Force Votes on Matters Related to Russia Probe,” Washington Post, July 14, 2017.
124. Federal Election Commission, “Volunteer Activity,” https://transition.fec.gov/pages/brochures/volact.shtml.
125. United States Code, 52 U.S.C. § 30121, “Contributions and Donations by Foreign Nationals.”
126. Code of Federal Regulations, 11 C.F.R. § 110.20, “Prohibition on Contributions, Donations, Expenditures, Independent Expenditures, and Disbursements by Foreign Nationals.”
127. Code of Federal Regulations, 11 C.F.R. § 100.74, “Uncompensated Services by Volunteers.” See also Federal Election Commission, “Volunteer Activity,” available at https://www.fec.gov/help-candidates-and-committees/candidate-taking-receipts/volunteer-activity/.
128. The Mueller Report, 175.
129. Ibid.
130. United States Code, 52 U.S.C. § 30109(d)(1)(A), “Federal Election Campaign Act: Enforcement”; Andy Grewal, “If Trump Jr. Didn’t Know Campaign Finance Law, He Won’t Be Prosecuted,” Yale Journal on Regulation, July 16, 2017.
131. The Mueller Report, 175–76.
132. Byron York, “How Pundits Got Key Part of Trump-Russia Story All Wrong,” Washington Examiner, March 18, 2017.
133. Byron York, “The Personal Cost of the Trump-Russia Investigation,” Washington Examiner, April 23, 2019.
134. The Mueller Report, 128–30.
135. Kevin G. Hall, “Mueller Report States Cohen Was Not in Prague. It Is Silent on Whether a Cohen Device Pinged There,” McClatchy, April 18, 2019.
136. The Mueller Report, 52–62.
137. Ibid., 127.
138. Ibid., 159–63, 181–82.
139. Jan Crawford, “William Barr Interview: Read the Full Transcript,” CBS News, May 31, 2019.
140. Author’s interview with John Dowd, June 13, 2019.
141. Ibid.
142. Byron York, “When Did Mueller Know There Was No Collusion?,” Washington Examiner, April 26, 2019.
143. Andrew McCarthy, “How Long Has Mueller Known There Was No Trump-Russia Collusion?,” Fox News, March 26, 2019.
144. Author’s interview with John Dowd, June 13, 2019.
145. Ibid.
146. “The Trump Legal Team’s Jan. 29, 2018, Confidential Memo to Mueller,” at “The Trump Lawyers’ Confidential Memo to Mueller, Explained,” June 2, 2018.
147. Author’s interview with John Dowd, June 13, 2019.
148. Author’s interview with Jay Sekulow, attorney for President Trump, June 19, 2019.
149. Author’s interview with John Dowd, June 13, 2019.
150. Ibid.
151. In re: Sealed Case (Espy), 121 F.3d at 756 (United States Court of Appeals, District of Columbia Circuit), 1997.
152. The Mueller Report. See also Associated Press, “Full Text of Trump’s Answers to Mueller’s Questions,” Chicago Tribune, April 18, 2019.
153. “Mueller Appears to Have Edited Voicemail Transcript Between John Dowd and Flynn Lawyer,” Fox News, June 3, 2019.
154. Ibid.
155. Author’s interview with John Dowd, June 13, 2019.
156. Author’s interview with Rudy Giuliani, July 10, 2019.
157. “Transcript: Former Trump Attorney John Dowd’s Interview on ABC News’ the Investigation Podcast,” ABC News, February 12, 2019, 5.
158. Ibid.
159. Constitution of the United States of America, Article II, Section 2 (appointments and pardons); Article II, Section 3 (“take care” clause).
160. Constitution of the United States of America, Article II, Section 3, Clause 4.
161. Alan Dershowitz, “Trump Well Within Constitutional Authority on Comey, Flynn—Would This Even Be a Question if Hillary Were President?,” Fox News, June 12, 2017.
162. Constitution of the United States of America, Article II, Section 1, Clause 1.
163. United States v. Nixon, 418 U.S. 683, 693 (1974); United States v. Fokker Servs., B.V., 818 F. 3d 733, 737 (D.C. Cir. 2016); Wayte v. United States, 470 U.S. 598, 607 (1985).
164. United States v. Armstrong, 517 U.S. 456, 464 (1996). See also Henry L. Chambers, Jr., “The President, Prosecutorial Discretion, Obstruction of Justice, and Congress,” University of Richmond Law Review, Symposium Book, vol. 52, February 26, 2018.
165. “Constitutionality of Legislation Extending the Term of the FBI Director,” United States Department of Justice, June 20, 2011, https://www.justice.gov/file/18356/download.
166. Joseph Hinks, “Read Former FBI Director James Comey’s Farewell Letter to Colleagues,” Time, May 11, 2017.
167. Testimony of Attorney General William Barr, Senate Judiciary Committee, May 1, 2019.
168. Alan Dershowitz, “Introduction to the Mueller Report,” 10.
169. Ibid.
170. “This Day in History: Ford Explains His Pardon to Congress,” History, November 16, 2009, updated July 7, 2019, https://www.history.com/this-day-in-history/ford-explains-his-pardon-of-nixon-to-congress.
171. Eric Lichtblau and Davan Maharaj, “Clinton Pardon of Rich a Saga of Power, Money,” Los Angeles Times, February 18, 2001.
172. The Mueller Report, 333.
173. Franklin v. Massachusetts, 502 U.S. 799 (1992); Public Citizen v. Department of Justice, 491 U.S. 440 (1989).
174. Jack Goldsmith, “The Mueller Report’s Weak Statutory Interpretation Analysis,” Lawfare, May 11, 2019.
175. “The Constitutional Separation of Powers Between the President and Congress,” Department of Justice, May 7, 1996, https://www.justice.gov/file/20061/download, 178.
176. The Mueller Report, 323.
177. Ibid., 335; Dershowitz, “Introduction to the Mueller Report,” 11.
178. Office of Legal Counsel, “A Sitting President’s Amenability to Indictment and Criminal Prosecution,” Department of Justice, 1973 (updated on October 16, 2000, and December 10, 2018), https://www.justice.gov/sites/default/files/olc/opinions/2000/10/31/op-olc-v024-p0222_0.pdf.
179. The Mueller Report, 194.
180. Robert Mueller, “Full Transcript of Mueller’s Statement on Russia Investigation,” New York Times, May 29, 2019.
181. Testimony of Attorney General William Barr, Senate Judiciary Committee, May 1, 2019. See also Meg Wagner, Veronica Rocha, Brian Ries, and Amanda Wills, “William Barr Testifies on the Mueller Report,” CNN, May 1, 2019; Alan Neuhauser, “Barr Surprised Mueller Didn’t Decide on Obstruction,” U.S. News & World Report, May 1, 2019.
182. Politico Staff, “Transcript: Attorney General William Barr’s Press Conference Remarks Ahead o
f Mueller Report Release,” Politico, April 18, 2019; Zachary Basu, “Transcript: Bill Barr Answers Questions About Mueller Report,” Axios, April 18, 2019.
183. Testimony of Attorney General William Barr, Senate Judiciary Committee, May 1, 2019. According to Barr, “He [Mueller] said that in the future the facts of a case against a president might be such that a special counsel would recommend abandoning the OLC opinion, but this is not such a case.”
184. Mueller, “Full Transcript of Mueller’s Statement on Russia Investigation.”
185. Ibid.
186. Jonathan Turley, “Mueller Must Testify Publicly to Answer Three Critical Questions,” The Hill, June 1, 2019.
187. “Full Text of the Starr Report,” submitted by the Office of the Independent Counsel, reprinted by Washington Post, September 9, 1998.
188. Ibid.; see also Joseph diGenova, “Mueller Wants Americans to Believe Trump Is a Criminal and It’s Up to Congress to Impeach Him,” Fox News, May 29, 2019.
189. Mueller, “Full Transcript of Mueller’s Statement on Russia Investigation.”
190. Jonathan Turley, “Robert Mueller ‘No Questions’ Routine Is Absolute Nonsense,” The Hill, May 30, 2019.
191. Ibid.
192. Crawford, “William Barr Interview: Read the Full Transcript.”
193. William Barr, Attorney General, letter to Lindsey Graham, Chairman, Committee on the Judiciary, March 24, 2019. https://www.nytimes.com/interactive/2019/03/24/us/politics/barr-letter-mueller-report.html.
194. Ibid.
195. “Full Transcript: Mueller Testimony Before House Judiciary, Intelligence Committees,” see questioning by Rep. Ted Lieu.
196. Ibid., see opening statement by Mueller, afternoon session.
197. Ibid.
198. United States Code, 18 U.S.C. §§ 1503, 1505, 1512, 1515. See also The Mueller Report, 204–08.
199. United States Code, 18 U.S.C. §§ 1505, 1512.
200. United States Code, 18 U.S.C. § 1512(b).
201. United States Code, §§ 1505, 1515; United States v. Richardson, 676 F. 3d 491, 508 (5th Cir. 2012); United States v. Gordon, 710 F. 3d 1124, 1151 (10th Cir. 2013).
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