13. Catherine Herridge, Pamela K. Browne, and Cyd Upson, “Russian Lawyer at Center of Trump Tower Meeting Dismisses Dossier Shared With FBI,” Fox News, January 19, 2018.
14. Ibid.
15. Karoun Demirjian, “Pelosi Suggests Trump Surrogates Violated Law as Members Try to Force Votes on Matters Related to Russia Probe,” Washington Post, July 14, 2017.
16. Federal Election Commission, “Volunteer Activity,” available at https://transition.fec.gov/pages/brochures/volact.shtml.
17. Ibid.
18. United States Code, 52 U.S.C. 30121, “Contributions and Donations by Foreign Nationals.”
19. Code of Federal Regulations, 11 C.F.R. 110.20, “Prohibition on Contributions, Donations, Expenditures, Independent Expenditures, and Disbursements by Foreign Nationals.”
20. Federal Election Commission, “Volunteer Activity,” available at https://transition.fec.gov/pages/brochures/volact.shtml.
21. Code of Federal Regulations, 11 C.F.R. 100.74, “Uncompensated Services by Volunteers.”
22. Jonathan Turley, “Don Jr.’s Russia Meeting Wasn’t Collusion—Just Amateur Hour,” The Hill, July 11, 2017.
23. Robert Barnes, “If Trump Jr. Is Guilty, So Is Every Democrat Who Takes Information From ‘Dreamers,’ ” Law and Crime, July 17, 2017, available at https://lawandcrime.com/important/if-donald-trump-jr-is-guilty-so-is-every-democrat-who-takes-information-from-a-dreamer/.
24. United States Code, 52 U.S.C. 30109(d)(1)(A), “Federal Election Campaign Act: Enforcement,” available at http://uscode.house.gov/view.xhtml?req=(title:52%20section:30109%20edition:prelim); Andy Grewal, “If Trump Jr. Didn’t Know Campaign Finance Law, He Won’t Be Prosecuted,” Notice & Comment, Yale Journal on Regulation, July 16, 2017, available at http://yalejreg.com/nc/iftrump-jr-didnt-know-campaign-finance-law-he-didnt-break-it/.
25. Ellen Nakashima, Adam Entous, and Greg Miller, “Russia Ambassador Told Moscow That Kushner Wanted Secret Communications Channel with Kremlin,” Washington Post, May 26, 2017.
26. Ibid.
27. Robert F. Kennedy, Thirteen Days: A Memoir of the Cuban Missile Crisis (New York: Norton, 1969).
28. Abby Phillip, “Homeland Security Chief Defends Kushner’s Alleged Proposal for ‘Back Channel’ to the Russians as ‘A Good Thing,’ ” Washington Post, May 28, 2017.
29. Riley Beggin, “Back-Channel Communications Are Nothing New for White House,” ABC News, May 31, 2017.
30. Statement of Jared Kushner to Congressional Committees, July 24, 2017, p. 10, available at http://www.foxnews.com/politics/interactive/2017/07/24/jared-kushner-statement-to-congressional-committees.html.
31. Ibid., p. 7.
32. Ibid., p. 8.
33. Interview with Professor W. David Clinton, chairman of the Political Science Department at Baylor University, July 24, 2017.
34. Ibid.
35. United States Code, 18 U.S.C. 953, “Private Correspondence with Foreign Governments” (The Logan Act).
36. Statement of Jared Kushner to Congressional Committees, July 24, 2017, p. 7. Available at http://www.foxnews.com/politics/interactive/2017/07/24/jared-kushner-statement-to-congressional-committees.html.
37. United States Code, 18 U.S. C. 1001, “Statements of Entries Generally”; see also Questionnaire for National Security Positions, Standard Form 86, U.S. Office of Personnel Management (5 C.F.R. 731–736), available at https://www.opm.gov/forms/pdf_fill/sf86-non508.pdf.
38. Statement of Jared Kushner to Congressional Committees, July 24, 2017, p. 10. Available at http://www.foxnews.com/politics/interactive/2017/07/24/jared-kushner-statement-to-congressional-committees.html.
39. Questionnaire for National Security Positions, Standard Form 86C, U.S. Office of Personnel Management (5 C.F.R. 731–736), available at https://www.opm.gov/Forms/pdf_fill/SF86C.pdf.
40. Cox v. Louisiana, 379 U.S. 559 (1965), available at https://www.law.cornell.edu/supremecourt/text/379/559.
41. Representative Nancy Pelosi, “Pelosi Statement on Attorney General Sessions’ Apparent Perjury on Russian Meetings,” Press Release, March 1, 2017, available at https://pelosi.house.gov/news/press-releases/pelosi-statement-on-attorney-general-sessions-apparent-perjury-on-russian.
42. Alana Abramson, “Here’s Exactly What Jeff Sessions Said About Russia at His Confirmation Hearing,” Time, March 2, 2017.
43. Lauren Carroll, “In Context: What Jeff Sessions Told Al Franken About Meeting Russian Officials,” PolitiFact, March 2, 2017, available at http://www.politifact.com/truth-o-meter/article/2017/mar/02/context-what-jeff-sessions-told-al-franken-about-m/.
44. Fox News, “Sessions, Russian Ambassador Reportedly Spoke Twice During Presidential Campaign,” Fox News, March 2, 2017.
45. Aaron Blake, “Transcript of Jeff Sessions’s Recusal News Conference, Annotated,” Washington Post, March 2, 2017.
46. Attorney General Jeff Sessions, “Prepared Remarks to the United States Senate Select Committee on Intelligence,” Department of Justice, June 13, 2017.
47. Aaron Blake, “Transcript of Jeff Sessions’s Recusal News Conference, Annotated.”
48. Ibid.
49. Deirdre Shesgreen, “Claire McCaskill Accused of Lying in Attack on Jeff Sessions,” USA Today, March 2, 2017.
50. Fox News, “Sessions Not Alone: Russian Ambassador Also Met with Numerous Democrats,” Fox News, March 3, 2017.
51. Kaitlan Collins, “Russian Ambassador Sergey Kislyak Appeared as Obama White House Visitor at Least 22 Times,” Daily Caller, March 2, 2017.
52. NBC News, Trump Tweets Old Photos of Schumer, Pelosi with Russian Leaders,” NBC News, March 3, 2017.
53. United States Code, 18 U.S.C. 1621, “Perjury Generally.”
54. Politico Staff, “Transcript: Jeff Sessions’ Testimony on Trump and Russia,” Politico, June 13, 2017.
55. Ibid.
56. Ibid.
57. Manu Raju and Evan Perez, “First on CNN: AG Sessions Did Not Disclose Russia Meetings in Security Clearance Form, DOJ says,” CNN, May 25, 2017.
58. Brian Flood, “CNN Quietly Backtracks Another Report Tying Trump Campaign to Russia,” Fox News, December 11, 2017.
Chapter 9: Flynn’s Firing, Sessions’s Recusal, and the Canning of Comey
1. Greg Miller and Adam Goldman, “Head of Pentagon Intelligence Agency Forced Out, Officials Say,” Washington Post, April 30, 2014.
2. Ibid.
3. Chuck Ross, “Here’s What Prompted Michael Flynn to Register as an Agent of Turkey,” Daily Caller, March 31, 2017.
4. David S. Cloud and Christine Mai-Duc, “Retired Army Gen. Michael Flynn Delivers Fiery Speech to Emptying Convention Hall,” Los Angeles Times, July 20, 2016; Stephen Dinan, “Michael Flynn Calls for Hillary Clinton to Quit Race, Go to Prison,” Washington Times, July 18, 2016.
5. Edward-Isaac Dovere and Matthew Nussbaum, “Obama Warned Trump About Flynn, Officials Say,” Politico, May 8, 2017.
6. Michael D. Shear, “Obama Warned Trump About Hiring Flynn, Officials Say,” New York Times, May 8, 2017.
7. Rich Lowry, “No, Michael Flynn Didn’t Violate the Logan Act,” National Review, December 1, 2017.
8. David E. Sanger, “Obama Strikes Back at Russia for Election Hacking,” New York Times, December 29, 2016.
9. Statement of The Offense, U.S. v. Michael Flynn, United States District Court for The District of Columbia, November 30, 2017.
10. Letter of Senator Charles Grassley, chairman of the Committee on the Judiciary, May 11, 2018, https://www.judiciary.senate.gov/imo/media/doc/2018-05-11%20CEG%20to%20DOJ%20FBI%20(Flynn%20Transcript).pdf.
11. Statement of The Offense, U.S. v. Michael Flynn, United States District Court for The District of Columbia, November 30, 2017.
12. United States Code, 18 U.S.C. 1001, “Statements or Entries Generally.”
13. Nicole Darrah, “Michael Flynn Selling Home to Pay for Legal Fees After Pleading Guilty in Trump Probe,” Fox News, March 6, 2018.
14. The Editorial Board,
“The Flynn Information,” Wall Street Journal, December 1, 2017.
15. Jim Sciutto and Marshall Cohen, “Flynn Worries About Son in Special Counsel Probe,” CNN, November 9, 2017.
16. United States Code, 18 U.S.C. 1001, “Statements or Entries Generally.”
17. Evan Perez, “Flynn Changed Story to FBI, No Charges Expected,” CNN, February 17, 2017.
18. The Editorial Board, “The Flynn Information,” Wall Street Journal, December 1, 2017.
19. Andrew C. McCarthy, “On Strzok, Let’s Wait for the Evidence,” National Review, December 6, 2017; Andrew C. McCarthy, “The Curious Michael Flynn Guilty Plea,” National Review, February 13, 2018.
20. Byron York, “Comey Told Congress FBI Agents Didn’t Think Michael Flynn Lied,” Washington Examiner, February 12, 2018.
21. Brady v. Maryland, 373 U.S. 83 (1963); See also United States v. Agurs, 427 U.S. 97, 107 (1976).
22. Mollie Hemingway, “Revealed: Peter Strzok Had Personal Relationship with Recused Judge in Michael Flynn Case,” Federalist, March 16, 2018; Sara A. Carter, “New Text Messages Reveal FBI Agent Was Friends with Judge in Flynn Case,” March 21, 2018, available at https://saraacarter.com/explosive-text-messages-reveal-judge-in-flynn-case-was-friends-with-strzok/.
23. Ibid.
24. Mollie Hemingway, “Revealed: Peter Strzok Had Personal Relationship with Recused Judge in Michael Flynn Case.”
25. Nedra Pickler, “Justice Department Lawyers in Contempt for Withholding Stevens Documents,” Associated Press, February 14, 2009.
26. Erika Bolstad and Richard Maur, “U.S. Attorney General Ends Stevens Prosecution,” Anchorage Daily News, April 1, 2019.
27. Order of the U.S. District Court for The District of Columbia (Criminal No. 17-232-10 EGS), Judge Emmet G. Sullivan, pp. 2 and 3, February 16, 2018.
28. Ibid.
29. United States Code, 18 U.S.C. 953, “Private Correspondence with Foreign Governments” (The Logan Act).
30. Waldron v. British Petroleum Co., 231 Fed. Supp. 72 (1964).
31. Statement of the Offense, U.S. v. Michael Flynn, United States District Court for The District of Columbia, November 30, 2017.
32. Donald J. Trump, President, Twitter, December 22, 2016, available at https://twitter.com/realDonaldTrump/status/811928543366148096.
33. CBS/Associated Press, “U.N. Security Council Votes 14-0 to Condemn Israeli Settlement Construction,” CBS News, December 23, 2016.
34. The Constitution of the United States, Article II, Section 3.
35. Byron York, “Comey Told Congress FBI Agents Didn’t Think Michael Flynn Lied.”
36. Ibid.
37. Washington Post Staff, “Full Transcript: Sally Yates and James Clapper Testify on Russian Election Interference,” Washington Post, May 8, 2017.
38. Ibid.
39. Ibid.
40. Adam Shaw, “Shock Claim About FBI’s Michael Flynn Interview Raises Questions,” Fox News, February 14, 2018.
41. Transcript of “Meet the Press,” NBC News, April 29, 2018, https://www.nbcnews.com/meet-the-press/meet-press-april-29-2018-n869906; transcript of “Special Report with Bret Baier,” “James Comey on Clinton Probe, Russia Investigation,” Fox News, April 26, 2018, http://www.foxnews.com/transcript/2018/04/26/james-comey-on-clinton-probe-russia-investigation.html.
42. House Permanent Select Committee on Intelligence, “Report on Russian Active Measures,” p. 54, March 22, 2018, https://intelligence.house.gov/uploadedfiles/final_russia_investigation_report.pdf.
43. Letter by Senator Charles Grassley, chairman of Senate Committee on the Judiciary, May 11, 2018; https://www.judiciary.senate.gov/imo/media/doc/2018-05-11%20CEG%20to%20DOJ%20FBI%20(Flynn%20Transcript).pdf.
44. David Ignatius, “Why Did Obama Dawdle on Russia’s Hacking?,” Washington Post, January 12, 2017.
45. United States Code, 18 U.S.C. 798, “Disclosure of Classified Information.”
46. Washington Post Staff, “Full Transcript: Sally Yates and James Clapper Testify on Russian Election Interference.”
47. Greg Miller, Adam Entous, and Ellen Nakashima, “National Security Adviser Flynn Discussed Sanctions with Russian Ambassador, Despite Denials, Officials Say,” Washington Post, February 9, 2017.
48. Politico Staff, “Transcript: Jeff Sessions’ Testimony on Trump and Russia,” Politico, June 13, 2017.
49. Eliza Relman, “Jeff Sessions Explains Why He Recused Himself from Trump Campaign-Related Investigations,” Business Insider, June 13, 2017.
50. Fox News Staff, “Transcript: What Is Trump’s Endgame with Sessions?,” Fox News, July 25, 2017.
51. Politico Staff, “Transcript: Jeff Sessions’ Testimony on Trump and Russia.”
52. Washington Post Staff, “Full Transcript: FBI Director James Comey Testifies on Russian Interference in 2016 Election,” Washington Post, March 2017.
53. Code of Federal Regulations, 28 C.F.R. 45.2, “Disqualification Arising from Personal or Political Relationship.”
54. Washington Post Staff, “Full Transcript: FBI Director James Comey Testifies on Russian Interference In 2016 Election.”
55. Andrew C. McCarthy, “Attorney General Sessions’s Recusal Was Unnecessary,” National Review, June 13, 2017; Andrew C. McCarthy, “A Special Prosecutor . . . for What?,” National Review, March 3, 2017.
56. Matt Zapotosky, “Attorney General Declines to Provide Any Details on Clinton Email Investigation,” Washington Post, July 12, 2017.
57. Michael S. Schmidt and Maggie Haberman, “Trump Humiliated Jeff Sessions After Mueller Appointment,” New York Times, September 14, 2017.
58. Ibid.; Kelly Cohen, “Jeff Sessions Sent Trump a Resignation Letter in May After Humiliating Oval Office Meeting: Report,” Washington Examiner, September 14, 2017.
59. Hearing Before the Committee on the Judiciary, “Oversight of the Federal Bureau of Investigation,” Testimony of James B. Comey, September 28, 2016, available at https://judiciary.house.gov/wp-content/uploads/2016/09/114-91_22125.pdf; Washington Post Staff, “Read the Full Testimony of FBI Director James Comey In Which He Discusses Clinton Email Investigation, Washington Post, May 3, 2017.
60. Memorandum for the Attorney General, “Restoring Public Confidence in the FBI,” Rod Rosenstein, deputy attorney general, May 9, 2017.
61. Ibid.
62. Ibid.
Chapter 10: Obstruction of Justice
1. “Rod Rosenstein Full Remarks to Congress on Comey Memo,” Axios, May 19, 2017.
2. Politico Staff, “Full Text: James Comey Testimony Transcript on Trump and Russia,” p. 32, Politico, June 8, 2017.
3. James B. Comey, Confidential Presidential Memorandum, FBI, January 28, 2017; Peter Kasperowicz, “James Comey Promised Trump: ‘I Don’t Leak,’ ” Washington Examiner, April 19, 2018.
4. Politico Staff, “Full Text: James Comey Testimony on Trump and Russia,” Politico, June 8, 2017.
5. Ibid.
6. Ibid.
7. Michael S. Schmidt, “Comey Memo Says Trump Asked Him to End Flynn Investigation,” May 16, 2017; David Lauter, “Trump Asked Comey to Shut Down Investigation of Flynn, New York Times Reports,” Los Angeles Times, May 16, 2017.
8. Ibid., New York Times.
9. John Wagner, “ ‘I Never Asked Comey to Stop Investigating Flynn’: Trump Goes on Tweetstorm About the FBI,” Washington Post, December 3, 2017.
10. Ibid.
11. United States Code, 18 U.S.C. 1505, “Obstruction of Proceedings Before Departments, Agencies, And Committees.”
12. United States Code, 18 U.S.C. 1515(b), “Definitions for Certain Provisions; General Provision.”
13. Arthur Andersen v. United States, 544 U.S. 696 (2005).
14. Interview with Fred Tecce, assistant U.S. attorney for the Eastern District of Pennsylvania and Special Assistant U.S. Attorney at the Department of Justice, April 1, 2018.
15. James B. Comey, “Statement for the Record,” Senate Selection Committee on Intelligence, p. 5, June 8, 2017.<
br />
16. Politico Staff, “Full Text: James Comey Testimony on Trump and Russia,” p. 20, Politico, June 8, 2017.
17. Ibid., p. 20.
18. Ibid., p. 9.
19. United States Code, 18 U.S.C. 4, “Misprision of Felony.”
20. Neal v. United States, 102 F.2d 643 (1939) at 649; see also Sullivan v. United States, 411 F2d 556 (1969) and United States v. Daddano, 432 F2d 1119 (1970).
21. James B. Comey, “Statement for the Record,” Senate Selection Committee on Intelligence, p. 5, June 8, 2017.
22. Politico Staff, “Full Text: James Comey Testimony on Trump and Russia,” p. 66, Politico, June 8, 2017.
23. Ibid.
24. Constitution of the United States of America, Article II, Section 1.
25. 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.
26. Chris Wallace, interview with President Barack Obama, Fox News Sunday, Fox News, April 10, 2016.
27. Statement by FBI Director James B. Comey on the Investigation of Secretary Hillary Clinton’s Use of a Personal Email System, FBI National Press Office, July 5, 2016.
28. Constitution of the United States of America, Article II, Section 3.
29. Andrew Prokop, “3 Potential Problems for an Obstruction of Justice Case Against Trump,” Vox, January 25, 2018.
30. U.S. Citizenship and Immigration Services, “2014 Executive Actions on Immigration,” available at https://www.uscis.gov/archive/2014-executive-actions-immigration.
31. Interview with Doug Burns, former assistant U.S. attorney for the Eastern District of New York, March 30, 2018.
32. Joseph Hinks, “Read Former FBI Director James Comey’s Farewell Letter to Colleagues,” Time, May 11, 2017.
33. Memorandum for the Attorney General, “Restoring Public Confidence in the FBI,” Rod Rosenstein, deputy attorney general, May 9, 2017.
34. Jeff Sessions, Office of the Attorney General, Correspondence to President Donald Trump, May 9, 2017.
35. William Cummings, “Full Text of Trump’s Letter Telling Comey He’s Fired,” USA Today, May 9, 2017.
The Russia Hoax Page 31