Conduct Directed at Paul Manafort

¶On October 27, 2017, a grand jury in the District of Columbia indicted Manafort and former deputy campaign manager Richard Gates on multiple felony counts, and on February 22, 2018, a grand jury in the Eastern District of Virginia indicted Manafort and Gates on additional felony counts.⁸⁴⁶⁸⁴⁶ Indictment, United States v. Paul J. Manafort, Jr. and Richard W. Gates III, 1:17-cr-201 (D.D.C. Oct, 27, 2017), Doc. 13 ("Manafort and Gates D.D.C. Indictment"); Indictment, United States v. Paul J. Manafort, Jr. and Richard W. Gates III, 1:18-cr-83 (E.D. Va. Feb. 22, 2018), Doc. 9 ("Manafort and Gates E.D. Va. Indictment") The charges in both cases alleged criminal conduct by Manafort that began as early as 2005 and continued through 2018.⁸⁴⁷⁸⁴⁷ Manafort and Gates D.D.C. Indictment; Manafort and Gates E.D. Va. Indictment.

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¶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."⁸⁴⁸⁸⁴⁸ Gates 4/18/18 302, at 4. In February 2018, Gates pleaded guilty, pursuant to a cooperation plea agreement, to a superseding criminal information charging him with conspiring to defraud and commit multiple offenses (i.e., tax fraud, failure to report foreign bank accounts, and acting as an unregistered agent of a foreign principal) against the United States, as well as making false statements to our Office. Superseding Criminal Information, United States v. Richard W. Gates III, 1:17-cr-201 (D.D.C. Feb. 23, 2018), Doc. 195; Plea Agreement, United States v. Richard W. Gates III, 1:17-cr-201 (D.D.C. Feb. 23, 2018), Doc. 205. Gates has provided information and in-court testimony that the Office has deemed to be reliable.Show full note 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."⁸⁴⁹⁸⁴⁹ Gates 4/18/18 302, at 4. Gates asked Manafort outright if anyone mentioned pardons and Manafort said no one used that word.⁸⁵⁰⁸⁵⁰ Gates 4/18/18 302, at 4. Manafort told this Office that he never told Gates that he had talked to the President's personal counsel or suggested that they would be taken care of. Manafort also said he hoped for a pardon but never discussed one with the President, although he noticed the President's public comments about pardons. Manafort 10/1/18 302, at 11. As explained in Volume I, Section IV.A.8, supra, Manafort entered into a plea agreement with our Office. The U.S. District Court for the District of Columbia determined that he breached the agreement by being untruthful in proffer sessions and before the grand jury. Order, United States v. Manafort, 1:17-cr-201 (D.D.C. Feb. 13, 2019), Doc. 503.Show full note

¶As the proceedings against Manafort progressed in court, the President told Porter that he never liked Manafort and that Manafort did not know what he was doing on the campaign.⁸⁵¹⁸⁵¹ Porter 5/8/18 302, at 11. Priebus recalled that the President never really liked Manafort. See Priebus 4/3/18 302, at 11. Hicks said that candidate Trump trusted Manafort's judgment while he worked on the Campaign, but she also once heard Trump tell Gates to keep an eye on Manafort. Hicks 3/13/18 302, at 16. The President discussed with aides whether and in what way Manafort might be cooperating with the Special Counsel's investigation, and whether Manafort knew any information that would be harmful to the President.⁸⁵²⁸⁵² Porter 5/8/18 302, at 11; McGahn 12/14/17 302, at 14.

¶In public, the President made statements criticizing the prosecution and suggesting that Manafort was being treated unfairly. 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. I 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."⁸⁵³⁸⁵³ Remarks by President Trump in Press Gaggle, White House (June 15, 2018). 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. . . . But look, I do want to see people treated fairly. That's what it's all about."⁸⁵⁴⁸⁵⁴ Remarks by President Trump in Press Gaggle, White House (June 15, 2018). Hours later, Manafort's bail was revoked and the President tweeted, "Wow, what a tough sentence for Paul Manafort, who has represented Ronald Reagan, Bob Dole and many other top political people and campaigns. Didn't know Manafort was the head of the Mob. What about Comey and Crooked Hillary and all the others? Very unfair!"⁸⁵⁵⁸⁵⁵ @realDonaldTrump 6/15/18 (1:41 p.m. ET) Tweet.

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¶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 told the New York Daily News that "[w]hen the whole thing is over, things might get cleaned up with some presidential pardons."⁸⁵⁶⁸⁵⁶ Chris Sommerfeldt, Rudy Giuliani says Mueller probe 'might get cleaned up' with 'presidential pardons' in light of Paul Manafort going to jail, New York Daily News (June 15, 2018). Giuliani also said in an interview that, although the President should not pardon anyone while the Special Counsel's investigation was ongoing, "when the investigation is concluded, he's kind of on his own, right?"⁸⁵⁷⁸⁵⁷ Sharon LaFraniere, Judge Orders Paul Manafort Jailed Before Trial, Citing New Obstruction Charges, New York Times (June 15, 2018) (quoting Giuliani). In a CNN interview two days later, Giuliani said, "I guess I should clarify this once and for all. . . . The president has issued no pardons in this investigation. The president is not going to issue pardons in this investigation. . . . When it's over, hey, he's the president of the United States. He retains his pardon power. Nobody is taking that away from him."⁸⁵⁸⁸⁵⁸ State of the Union with Jake Tapper Transcript, CNN (June 17, 2018); see Karoun Demirjian, Giuliani suggests Trump may pardon Manafort after Mueller's probe, Washington Post (June 17, 2018). Giuliani rejected the suggestion that his and the President's comments could signal to defendants that they should not cooperate in a criminal prosecution because a pardon might follow, saying the comments were "certainly not intended that way."⁸⁵⁹⁸⁵⁹ State of the Union with Jake Tapper Transcript, CNN (June 17, 2018). 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."⁸⁶⁰⁸⁶⁰ State of the Union with Jake Tapper Transcript, CNN (June 17, 2018). Giuliani observed that pardons were not unusual in political investigations but said, "That doesn't mean they're going to happen here. Doesn't mean that anybody should rely on it. . . . Big signal is, nobody has been pardoned yet."⁸⁶¹⁸⁶¹ State of the Union with Jake Tapper Transcript, CNN (June 17, 2018).

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¶On July 31, 2018, Manafort's criminal trial began in the Eastern District of Virginia, generating substantial news coverage.⁸⁶²⁸⁶² See, e.g., Katelyn Polantz, Takeaways from day one of the Paul Manafort trial, CNN (July 31, 2018); Frank Bruni, Paul Manafort's Trial Is Donald Trump's, Too, New York Times Opinion (July 31, 2018); Rachel Weiner et al., Paul Manafort trial Day 2: Witnesses describe extravagant clothing purchases, home remodels, lavish cars paid with wire transfers, Washington Post (Aug. 1, 2018). The next day, the President tweeted, "This is a terrible situation and Attorney General Jeff Sessions should stop this Rigged Witch Hunt right now, before it continues to stain our country any further. Bob Mueller is totally conflicted, and his 17 Angry Democrats that are doing his dirty work are a disgrace to USA!"⁸⁶³⁸⁶³ @realDonaldTrump 8/1/18 (9:24 a.m. ET) Tweet. Later that day, when Sanders was asked about the President's tweet, she told reporters, "It's not an order. It's the President's opinion." Sarah Sanders, White House Daily Briefing, C-SPAN (Aug. 1, 2018). Minutes later, the President tweeted, "Paul Manafort worked for Ronald Reagan, Bob Dole and many other highly prominent and respected political leaders. He worked for me for a very short time. Why didn't government tell me that he was under investigation. These old charges have nothing to do with Collusion—a Hoax!"⁸⁶⁴⁸⁶⁴ @realDonaldTrump 8/1/18 (9:34 a.m. ET) Tweet. Later in the day, the President tweeted, "Looking back on history, who was treated worse, Alfonse Capone, legendary mob boss, killer and 'Public Enemy Number One,' or Paul Manafort, political operative & Reagan/Dole darling, now serving solitary confinement—although convicted of nothing? Where is the Russian Collusion?"⁸⁶⁵⁸⁶⁵ @realDonaldTrump 8/1/18 (11:35 a.m. ET) Tweet. The President's tweets about the Manafort trial were widely covered by the press.⁸⁶⁶⁸⁶⁶ See, e.g., Carol D. Leonnig et al., Trump calls Manafort prosecution "a hoax," says Sessions should stop Mueller investigation "right now", Washington Post (Aug. 1, 2018); Louis Nelson, Trump claims Manafort case has "nothing to do with collusion", Politico (Aug. 1. 2018). 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."⁸⁶⁷⁸⁶⁷ Sarah Sanders, White House Daily Briefing, C-SPAN (Aug. 1, 2018).

¶On August 16, 2018, the Manafort case was submitted to the jury and deliberations began. At that time, Giuliani had recently suggested to reporters that the Special Counsel investigation needed to be "done in the next two or three weeks,"⁸⁶⁸⁸⁶⁸ Chris Strohm & Shannon Pettypiece, Mueller Probe Doesn't Need to Shut Down Before Midterms, Officials Say, Bloomberg (Aug. 15, 2018). and media stories reported that a Manafort acquittal would add to criticism that the Special Counsel investigation was not worth the time and expense, whereas a conviction could show that ending the investigation would be premature.⁸⁶⁹⁸⁶⁹ See, e.g., Katelyn Polantz et al., Manafort jury ends first day of deliberations without a verdict, CNN (Aug. 16, 2018); David Voreacos, What Mueller's Manafort Case Means for the Trump Battle to Come, Bloomberg (Aug. 2, 2018); Gabby Morrongiello, What a guilty verdict for Manafort would mean for Trump and Mueller, Washington Examiner (Aug. 18, 2018). On August 17, 2018, as jury deliberations continued, the President commented on the trial from the South Lawn of the White House. In an impromptu exchange with reporters that lasted approximately five minutes, the President twice called the Special Counsel's investigation a "rigged witch hunt."⁸⁷⁰⁸⁷⁰ President Trump Remarks on John Brennan and Mueller Probe, C-SPAN (Aug. 17, 2018). When asked whether he would pardon Manafort if he was convicted, the President said, "I don't talk about that now. I don't talk about that."⁸⁷¹⁸⁷¹ President Trump Remarks on John Brennan and Mueller Probe, C-SPAN (Aug. 17, 2018). The President then added, without being asked a further question, "I think the whole Manafort trial is very sad when you look at what's going on there. I think it's a very sad day for our country. He worked for me for a very short period of time. But you know what, he happens to be a very good person. And I think it's very sad what they've done to Paul Manafort."⁸⁷²⁸⁷² President Trump Remarks on John Brennan and Mueller Probe, C-SPAN (Aug. 17, 2018). The President did not take further questions.⁸⁷³⁸⁷³ President Trump Remarks on John Brennan and Mueller Probe, C-SPAN (Aug. 17, 2018). In response to the President's statements, Manafort's attorney said, "Mr. Manafort really appreciates the support of President Trump."⁸⁷⁴⁸⁷⁴ Trump calls Manafort "very good person," All In with Chris Hayes (Aug. 17, 2018) (transcript); Manafort lawyer: We appreciate Trump's support, CNN (Aug. 17, 2018) (https://www.cnn.com/videos/politics/2018/08/17/paul-manafort-attorney-trump-jury-deliberations- schneider-lead-vpx.cnn).

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¶On August 21, 2018, the jury found Manafort guilty on eight felony counts. Also on August 21, Michael Cohen pleaded guilty to eight offenses, including a campaign-finance violation that he said had occurred "in coordination with, and at the direction of, a candidate for federal office."⁸⁷⁵⁸⁷⁵ Transcript at 23, United States v. Michael Cohen, 1:18-cr-602 (S.D.N.Y. Aug. 21, 2018), Doc. 7 (Cohen 8/21/18 Transcript). The President reacted to Manafort's convictions that day by telling reporters, "Paul Manafort's a good man" and "it's a very sad thing that happened."⁸⁷⁶⁸⁷⁶ President Trump Remarks on Manafort Trial, C-SPAN (Aug. 21, 2018). The President described the Special Counsel's investigation as "a witch hunt that ends in disgrace."⁸⁷⁷⁸⁷⁷ President Trump Remarks on Manafort Trial, C-SPAN (Aug. 21, 2018). 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!"⁸⁷⁸⁸⁷⁸ @realDonaldTrump 8/22/18 (9:21 a.m. ET) Tweet.

¶In a Fox News interview on August 22, 2018, the President said: "[Cohen] makes a better deal when he uses me, like everybody else. And one of the reasons I respect Paul Manafort so much is he went through that trial—you know they make up stories. People make up stories. This whole thing about flipping, they call it, I know all about flipping."⁸⁷⁹⁸⁷⁹ Fox & Friends Exclusive Interview with President Trump, Fox News (Aug. 23, 2018) (recorded the previous day). The President said that flipping was "not fair" and "almost ought to be outlawed."⁸⁸⁰⁸⁸⁰ Fox & Friends Exclusive Interview with President Trump, Fox News (Aug. 23, 2018) (recorded the previous day). In response to a question about whether he was considering a pardon for Manafort, the President said, "I have great respect for what he's done, in terms of what he's gone through. . . . He worked for many, many people many, many years, and I would say what he did, some of the charges they threw against him, every consultant, every lobbyist in Washington probably does."⁸⁸¹⁸⁸¹ Fox & Friends Exclusive Interview with President Trump, Fox News (Aug. 23, 2018) (recorded the previous day). Giuliani told journalists that the President "really thinks Manafort has been horribly treated" and that he and the President had discussed the political fallout if the President pardoned Manafort.⁸⁸²⁸⁸² Maggie Haberman & Katie Rogers, "How Did We End Up Here?" Trump Wonders as the White House Soldiers On, New York Times (Aug. 22, 2018). The next day, Giuliani told the Washington Post that the President had asked his lawyers for advice on the possibility of a pardon for Manafort and other aides, and had been counseled against considering a pardon until the investigation concluded.⁸⁸³⁸⁸³ Carol D. Leonnig & Josh Dawsey, Trump recently sought his lawyers' advice on possibility of pardoning Manafort, Giuliani says, Washington Post (Aug. 23, 2018).

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¶On September 14, 2018, Manafort pleaded guilty to charges in the District of Columbia and signed a plea agreement that required him to cooperate with investigators.⁸⁸⁴⁸⁸⁴ Plea Agreement, United States v. Paul J. Manafort, Jr., 1:17-cr-201 (D.D.C. Sept. 14, 2018), Doc. 422. 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.⁸⁸⁵⁸⁸⁵ Karen Freifeld & Nathan Layne, Trump lawyer: Manafort said nothing damaging in Mueller interviews, Reuters (Oct. 22, 2018); Michael S. Schmidt et al., Manafort's Lawyer Said to Brief Trump Attorneys on What He Told Mueller, New York Times (Nov. 27, 2018); Dana Bash, Manafort team briefed Giuliani on Mueller meetings, CNN, Posted 11/28/18, available at https://www.cnn.com/videos/politics/2018/11/28/manafort-lawyers-keeping-trump-lawyers-giuliani- updated-mueller-probe-bash-sot-nr-vpx.cnn; see Sean Hannity, Interview with Rudy Giuliani, Fox News (Sept. 14, 2018) (Giuliani: "[T]here was a quote put out by a source close to Manafort that the plea agreement has, and cooperation agreement has, nothing to do with the Trump campaign. . . . Now, I know that because I've been privy to a lot of facts I can't repeat.").Show full note 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.⁸⁸⁶⁸⁸⁶ Joint Status Report, United States v. Paul J. Manafort, Jr., (D.D.C Nov. 26, 2018), Doc. 455. 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."⁸⁸⁷⁸⁸⁷ Stephen Collinson, Trump appears consumed by Mueller investigation as details emerge, CNN (Nov. 29, 2018). In an interview on November 28, 2018, the President suggested that it was "very brave" that Manafort did not "flip":

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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.⁸⁸⁸⁸⁸⁸ "Corsi" is a reference to Jerome Corsi, an associate of Roger Stone who was involved in efforts to coordinate with WikiLeaks and Assange, and who stated publicly at that time that he had refused a plea offer from the Special Counsel's Office because he was "not going to sign a lie." Sara Murray & Eli Watkins, Roger Stone associate says he won't agree to plea deal, CNN (Nov. 26, 2018). Manafort, Corsi and Roger Stone. It's actually very brave.⁸⁸⁹⁸⁸⁹ Marisa Schultz & Nikki Schwab, Oval Office Interview with President Trump: Trump says pardon for Paul Manafort still a possibility, New York Post (Nov. 28, 2018). That same day, the President tweeted: "While the disgusting Fake News is doing everything within their power not to report it that way, at least 3 major players are intimating that the Angry Mueller Gang of Dems is viciously telling witnesses to lie about facts & they will get relief. This is our Joseph McCarthy Era!" @realDonaldTrump 11/28/18 (8:39 a.m. ET) Tweet.Show full note

¶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?"⁸⁹⁰⁸⁹⁰ Marisa Schultz & Nikki Schwab, New York Post Oval Office Interview with President Trump: Trump says pardon for Paul Manafort still a possibility, New York Post (Nov. 28, 2018).