The Appointment of the Special Counsel and the President's Reaction

¶On May 17, 2017, Acting Attorney General Rosenstein appointed Robert S. Mueller, III as Special Counsel and authorized him to conduct the Russia investigation and matters that arose from the investigation.⁵⁰¹⁵⁰¹ Office of the Deputy Attorney General, Order No. 3915-2017, Appointment of Special Counsel to Investigate Russian Interference with the 2016 Presidential Election and Related Matters (May 17, 2017). The President learned of the Special Counsel's appointment from Sessions, who was with the President, Hunt, and McGahn conducting interviews for a new FBI Director.⁵⁰²⁵⁰² Sessions 1/17/18 302, at 13; Hunt 2/1/18 302, at 18; McGahn 12/14/17 302, at 4; Hunt-000039 (Hunt 5/17/17 Notes). Sessions stepped out of the Oval Office to take a call from Rosenstein, who told him about the Special Counsel appointment, and Sessions then returned to inform the President of the news.⁵⁰³⁵⁰³ Sessions 1/17/18 302, at 13; Hunt 2/1/18 302, at 18; McGahn 12/14/17 302, at 4; Hunt-000039 (Hunt 5/17/17 Notes). According to notes written by Hunt, when Sessions told the President that a Special Counsel had been appointed, the President slumped back in his chair and said, "Oh my God. This is terrible. This is the end of my Presidency. I'm fucked."⁵⁰⁴⁵⁰⁴ Hunt-000039 (Hunt 5/17/17 Notes). The President became angry and lambasted the Attorney General for his decision to recuse from the investigation, stating, "How could you let this happen, Jeff?"⁵⁰⁵⁵⁰⁵ Hunt-000039 (Hunt 5/17/17 Notes); Sessions 1/17/18 302, at 13-14. The President said the position of Attorney General was his most important appointment and that Sessions had "let [him] down," contrasting him to Eric Holder and Robert Kennedy.⁵⁰⁶⁵⁰⁶ Hunt-000040; see Sessions 1/17/18 302, at 14. Sessions recalled that the President said to him, "you were supposed to protect me," or words to that effect.⁵⁰⁷⁵⁰⁷ Sessions 1/17/18 302, at 14. The President returned to the consequences of the appointment and said, "Everyone tells me if you get one of these independent counsels it ruins your presidency. It takes years and years and I won't be able to do anything. This is the worst thing that ever happened to me."⁵⁰⁸⁵⁰⁸ Hunt-000040 (Hunt 5/17/17 Notes); see Sessions 1/17/18 302, at 14. Early the next morning, the President tweeted, "This is the single greatest witch hunt of a politician in American history!" @realDonaldTrump 5/18/17 (7:52 a.m. ET) Tweet.

¶The President then told Sessions he should resign as Attorney General.⁵⁰⁹⁵⁰⁹ Hunt-000041 (Hunt 5/17/17 Notes); Sessions 1/17/18 302, at 14. Sessions agreed to submit his resignation and left the Oval Office.⁵¹⁰⁵¹⁰ Hunt-000041 (Hunt 5/17/17 Notes); Sessions 1/17/18 302, at 14. Hicks saw the President shortly after Sessions departed and described the President as being extremely upset by the Special Counsel's appointment.⁵¹¹⁵¹¹ Hicks 12/8/17 302, at 21. Hicks said that she had only seen the President like that one other time, when the Access Hollywood tape came out during the campaign.⁵¹²⁵¹² Hicks 12/8/17 302, at 21. The Access Hollywood tape was released on October 7, 2016, as discussed in Volume I, Section III.D.1, supra.

¶The next day, May 18, 2017, FBI agents delivered to McGahn a preservation notice that discussed an investigation related to Comey's termination and directed the White House to preserve all relevant documents.⁵¹³⁵¹³ McGahn 12/14/17 302, at 9; SCR015_000175-82 (Undated Draft Memoranda to White House Staff). When he received the letter, McGahn issued a document hold to White House staff and instructed them not to send out any burn bags over the weekend while he sorted things out.⁵¹⁴⁵¹⁴ McGahn 12/14/17 302, at 9; SCR015_000175-82 (Undated Draft Memoranda to White House Staff). The White House Counsel's Office had previously issued a document hold on February 27, 2017. SCR015_000171 (2/17/17 Memorandum from McGahn to Executive Office of the President Staff).

¶Also on May 18, Sessions finalized a resignation letter that stated, "Pursuant to our conversation of yesterday, and at your request, I hereby offer my resignation."⁵¹⁵⁵¹⁵ Hunt-000047 (Hunt 5/18/17 Notes); 5/18/17 Letter, Sessions to President Trump (resigning as Attorney General). Sessions, accompanied by Hunt, brought the letter to the White House and handed it to the President.⁵¹⁶⁵¹⁶ Hunt-000047-49 (Hunt 5/18/17 Notes); Sessions 1/17/18 302, at 14. The President put the resignation letter in his pocket and asked Sessions several times whether he wanted to continue serving as Attorney General.⁵¹⁷⁵¹⁷ Hunt-000047-49 (Hunt 5/18/17 Notes); Sessions 1/17/18 302, at 14. Sessions ultimately told the President he wanted to stay, but it was up to the President.⁵¹⁸⁵¹⁸ Hunt-000048-49 (Hunt 5/18/17 Notes); Sessions 1/17/18 302, at 14. The President said he wanted Sessions to stay.⁵¹⁹⁵¹⁹ Sessions 1/17/18 302, at 14. At the conclusion of the meeting, the President shook Sessions's hand but did not return the resignation letter.⁵²⁰⁵²⁰ Hunt-000049 (Hunt 5/18/17 Notes).

¶When Priebus and Bannon learned that the President was holding onto Sessions's resignation letter, they became concerned that it could be used to influence the Department of Justice.⁵²¹⁵²¹ Hunt-000050-51 (Hunt 5/18/17 Notes). Priebus told Sessions it was not good for the President to have the letter because it would function as a kind of "shock collar " th at the President could use any time he wanted; Priebus said th e President had "DOJ by the throat."⁵²²⁵²² Hunt-000050 (Hunt 5/ 18/ 17 Notes); Priebus 10/13/ 17 302, at 21 ; Hunt 2/ 1/18 302, at 21. Priebus an d Bannon told Sessions they would attempt to get the letter back from the President with a notation that he was not accepting Sessions ' s resignation .523

¶On May 19, 2017, the President left for a trip to the Middle East.⁵²⁴⁵²⁴ SCR026_ 000110 (President's Daily Diaiy, 5/ 19/ 17). Hicks recalled that on th e President's flight from Saudi Arabia to Tel Aviv, the President pulled Sessions's resignation letter from his pocket, showed it to a group of senior advisors, and asked th em what he should do about it.⁵²⁵⁵²⁵ Hicks 12/8/ 17 302, at 22. Dming the trip, Priebus asked about the resignation letter so he could return it to Sessions, but the President told him that the letter was back at the White House, somewhere in the residence.⁵²⁶⁵²⁶ Priebus 10/ 13/ 17 302, at 21. Hunt's notes state that when Piiebus returned from the trip, Pliebus told Hunt that the President was supposed to have given him the letter, but when he asked for it, the President "slapped the desk" and said he had forgotten it back at the hotel. Hunt-000052 (Hunt Notes, undated). It was not until May 30, three days after the President returned from the ti·ip, that the President returned the letter to Sessions with a notation saying, "Not accepted."⁵²⁷⁵²⁷ Hunt-000052-53 (Hunt 5/30/17 Notes); 5/ 18/ 17 Letter, Sessions to Pi·esident Tnnnp (resignation letter). Robeit Poiter, who was the White House Staff Secretaiy at the time, said that in the days after the President returned from the Middle East trip, the President took Sessions' s letter out of a drawer in the Oval Office and showed it to Poiter. Poiter 4/ 13/ 18 302, at 8.