The President Asserts that the Special Counsel has Conflicts of Interest

¶In the days following the Special Counsel 's appointment, the President repeatedly told advisors, including Priebus, Bannon, and McGahn, that Special Counsel Mueller had conflicts of interest.⁵²⁸⁵²⁸ Priebus 1/18/ 18 302, at 12; Bannon 2/14/ 18 302, at 10; McGahn 3/8/ 18 302, at l ; McGahn 12/ 14/17 302, at 10; Bannon 10/26/ 18 302, at 12. The President cited as conflicts that Mueller had interviewed for the FBI Director position shortly before being appointed as Special Counsel, that he had worked for a law fnm th at represented people affiliated with the President, an d that Mueller had disputed ceiiain fees relating to his m embership in a Trnmp golf course in Noii hern Virginia. 529 The President 's advisors pushed back on his assertion of conflicts, telling the President they did not count as true conflicts.⁵³⁰⁵³⁰ Priebus 4/3/18 302, at 3; Bannon 10/26/18 302, at 13 (confirming that he, Priebus, and McGahn pushed back on the asserted conflicts). Bannon recalled telling the President that the purported conflicts were "ridiculous" and that none of them was real or could come close to justifying precluding Mueller from serving as Special Counsel.⁵³¹⁵³¹ Bannon 10/26/18 302, at 12-13. As for Mueller's interview for FBI Director, Bannon recalled that the White House had invited Mueller to speak to the President to offer a perspective on the institution of the FBI.⁵³²⁵³² Bannon 10/26/18 302, at 12. Bannon said that, although the White House thought about beseeching Mueller to become Director again, he did not come in looking for the job.⁵³³⁵³³ Bannon 10/26/18 302, at 12. Bannon also told the President that the law firm position did not amount to a conflict in the legal community.⁵³⁴⁵³⁴ Bannon 10/26/18 302, at 12. And Bannon told the President that the golf course dispute did not rise to the level of a conflict and claiming one was "ridiculous and petty."⁵³⁵⁵³⁵ Bannon 10/26/18 302, at 13. The President did not respond when Bannon pushed back on the stated conflicts of interest.⁵³⁶⁵³⁶ Bannon 10/26/18 302, at 12.

¶On May 23, 2017, the Department of Justice announced that ethics officials had determined that the Special Counsel's prior law firm position did not bar his service, generating media reports that Mueller had been cleared to serve.⁵³⁷⁵³⁷ Matt Zapotosky & Matea Gold, Justice Department ethics experts clear Mueller to lead Russia probe, Washington Post (May 23, 2017). McGahn recalled that around the same time, the President complained about the asserted conflicts and prodded McGahn to reach out to Rosenstein about the issue.⁵³⁸⁵³⁸ McGahn 3/8/18 302, at 1; McGahn 12/14/17 302, at 10; Priebus 1/18/18 302, at 12. McGahn said he responded that he could not make such a call and that the President should instead consult his personal lawyer because it was not a White House issue.⁵³⁹⁵³⁹ McGahn 3/8/18 302, at 1. McGahn and Donaldson said that after the appointment of the Special Counsel, they considered themselves potential fact witnesses and accordingly told the President that inquiries related to the investigation should be brought to his personal counsel. McGahn 12/14/17 302, at 7; Donaldson 4/2/18 302, at 5. Contemporaneous notes of a May 23, 2017 conversation between McGahn and the President reflect that McGahn told the President that he would not call Rosenstein and that he would suggest that the President not make such a call either.⁵⁴⁰⁵⁴⁰ SC_AD_00361 (Donaldson 5/31/17 Notes). McGahn advised that the President could discuss the issue with his personal attorney but it would "look like still trying to meddle in [the] investigation" and "knocking out Mueller" would be "[a]nother fact used to claim obst[ruction] of just[ice]."⁵⁴¹⁵⁴¹ SC_AD_00361 (Donaldson 5/31/17 Notes). McGahn told the President that his "biggest exposure" was not his act of firing Comey but his "other contacts" and "calls," and his "ask re: Flynn."⁵⁴²⁵⁴² SC_AD_00361 (Donaldson 5/31/17 Notes). By the time McGahn provided this advice to the President, there had been widespread reporting on the President's request for Comey's loyalty, which the President publicly denied; his request that Comey "let[] Flynn go," which the President also denied; and the President's statement to the Russian Foreign Minister that the termination of Comey had relieved "great pressure" related to Russia, which the President did not deny.⁵⁴³⁵⁴³ See, e.g., Michael S. Schmidt, In a Private Dinner, Trump Demanded Loyalty. Comey Demurred., New York Times (May 11, 2017); Michael S. Schmidt, Comey Memorandum Says Trump Asked Him to End Flynn Investigation, New York Times (May 16, 2017); Matt Apuzzo et al., Trump Told Russians That Firing 'Nut Job' Comey Eased Pressure From Investigation, New York Times (May 19, 2017).

¶On June 8, 2017, Comey testified before Congress about his interactions with the President before his termination, including the request for loyalty, the request that Comey "let[] Flynn go," and the request that Comey "lift the cloud" over the presidency caused by the ongoing investigation.⁵⁴⁴⁵⁴⁴ Hearing on Russian Election Interference Before the Senate Select Intelligence Committee, 115th Cong. (June 8, 2017) (Statement for the Record of James B. Comey, former Director of the FBI, at 5-6). Comey testified that he deliberately caused his memorandum documenting the February 14, 2017 meeting to be leaked to the New York Times in response to a tweet from the President, sent on May 12, 2017, that stated "James Comey better hope that there are no 'tapes' of our conversations before he starts leaking to the press!," and because he thought sharing the memorandum with a reporter "might prompt the appointment of a special counsel." Hearing on Russian Election Interference Before the Senate Select Intelligence Committee, 115th Cong. (June 8, 2017) (CQ Cong. Transcripts, at 55) (testimony by James B. Comey, former Director of the FBI).Show full note Comey's testimony led to a series of news reports about whether the President had obstructed justice.⁵⁴⁵⁵⁴⁵ See, e.g., Matt Zapotosky, Comey lays out the case that Trump obstructed justice, Washington Post (June 8, 2017) ("Legal analysts said Comey's testimony clarified and bolstered the case that the president obstructed justice."). On June 9, 2017, the Special Counsel's Office informed the White House Counsel's Office that investigators intended to interview intelligence community officials who had allegedly been asked by the President to push back against the Russia investigation.⁵⁴⁶⁵⁴⁶ 6/9/17 Email, Special Counsel's Office to the White House Counsel's Office. This Office made the notification to give the White House an opportunity to invoke executive privilege in advance of the interviews. On June 12, 2017, the Special Counsel's Office interviewed Admiral Rogers in the presence of agency counsel. Rogers 6/12/17 302, at 1. On June 13, the Special Counsel's Office interviewed Ledgett. Ledgett 6/13/17 302, at 1. On June 14, the Office interviewed Coats and other personnel from his office. Coats 6/14/17 302, at 1; Gistaro 6/14/17 302, at 1; Culver 6/14/17 302, at 1.Show full note

¶On Monday, June 12, 2017, Christopher Ruddy, the chief executive of Newsmax Media and a longtime friend of the President's, met at the White House with Priebus and Bannon.⁵⁴⁷⁵⁴⁷ Ruddy 6/6/18 302, at 5. Ruddy recalled that they told him the President was strongly considering firing the Special Counsel and that he would do so precipitously, without vetting the decision through Administration officials.⁵⁴⁸⁵⁴⁸ Ruddy 6/6/18 302, at 5-6. Ruddy asked Priebus if Ruddy could talk publicly about the discussion they had about the Special Counsel, and Priebus said he could.⁵⁴⁹⁵⁴⁹ Ruddy 6/6/18 302, at 6. Priebus told Ruddy he hoped another blow up like the one that followed the termination of Comey did not happen.⁵⁵⁰⁵⁵⁰ Ruddy 6/6/18 302, at 6. Later that day, Ruddy stated in a televised interview that the President was "considering perhaps terminating the Special Counsel" based on purported conflicts of interest.⁵⁵¹⁵⁵¹ Trump Confidant Christopher Ruddy says Mueller has "real conflicts" as special counsel, PBS (June 12, 2017); Michael D. Shear & Maggie Haberman, Friend Says Trump Is Considering Firing Mueller as Special Counsel, New York Times (June 12, 2017). Ruddy later told another news outlet that "Trump is definitely considering" terminating the Special Counsel and "it's not something that's being dismissed."⁵⁵²⁵⁵² Katherine Faulders & Veronica Stracqualursi, Trump friend Chris Ruddy says Spicer's 'bizarre' statement doesn't deny claim Trump seeking Mueller firing, ABC (June 13, 2017). Ruddy's comments led to extensive coverage in the media that the President was considering firing the Special Counsel.⁵⁵³⁵⁵³ See, e.g., Michael D. Shear & Maggie Haberman, Friend Says Trump Is Considering Firing Mueller as Special Counsel, New York Times (June 12, 2017).

¶White House officials were unhappy with that press coverage and Ruddy heard from friends that the President was upset with him.⁵⁵⁴⁵⁵⁴ Ruddy 6/6/18 302, at 6-7. On June 13, 2017, Sanders asked the President for guidance on how to respond to press inquiries about the possible firing of the Special Counsel.⁵⁵⁵⁵⁵⁵ Sanders 7/3/18 302, at 6-7. The President dictated an answer, which Sanders delivered, saying that "[w]hile the president has every right to" fire the Special Counsel, "he has no intention to do so."⁵⁵⁶⁵⁵⁶ Glenn Thrush et al., Trump Stews, Staff Steps In, and Mueller Is Safe for Now, New York Times (June 13, 2017); see Sanders 7/3/18 302, at 6 (Sanders spoke with the President directly before speaking to the press on Air Force One and the answer she gave is the answer the President told her to give).

¶Also on June 13, 2017, the President's personal counsel contacted the Special Counsel's Office and raised concerns about possible conflicts.⁵⁵⁷⁵⁵⁷ Special Counsel's Office Attorney 6/13/17 Notes. The President's counsel cited Mueller's previous partnership in his law firm, his interview for the FBI Director position, and an asserted personal relationship he had with Comey.⁵⁵⁸⁵⁵⁸ Special Counsel's Office Attorney 6/13/17 Notes. That same day, Rosenstein had testified publicly before Congress and said he saw no evidence of good cause to terminate the Special Counsel, including for conflicts of interest.⁵⁵⁹⁵⁵⁹ Hearing on Fiscal 2018 Justice Department Budget before the Senate Appropriations Subcommittee on Commerce, Justice, and Science, 115th Cong. (June 13, 2017) (CQ Cong. Transcripts, at 14) (testimony by Rod Rosenstein, Deputy Attorney General). Two days later, on June 15, 2017, the Special Counsel's Office informed the Acting Attorney General's office about the areas of concern raised by the President's counsel and told the President's counsel that their concerns had been communicated to Rosenstein so that the Department of Justice could take any appropriate action.⁵⁶⁰⁵⁶⁰ Special Counsel's Office Attorney 6/15/17 Notes.