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- RESULT: 1
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- U.S. Department of Justice At:t:ef'fle)' Werle Predttet /,' Ma;? CeHtail'l
- Material Preteeted UHder Fed. R. Crim. P. 6(e) TABLE OF CONTENTS -VOLUME I
- INTRODUCTION TO VOLUME I .......................................................
- ................................................... 1 EXECUTIVE SUMMARY TO
- VOLUME 1. ................................................ ,
- ............................................. 4 I. THE SPECIAL COUNSEL'S
- INVESTIGATION
- ......................................................................... ,
- ....... 11 II. RUSSIAN "ACTIVE MEASURES" SOCIAL MEDIA CAMPAIGN
- ..................................................... 14 A. Structure of the
- Internet Research Agency
- ................................................................. 15 B. Funding
- and Oversight from Concord and Prigozhin
- ................................................. 16 C. The IRA Targets U.S.
- Elections ......................................................................
- ............ 19 1. The IRA Ramps Up U.S. Operations As Early As 2014
- ....................... , .............. 19 2. U.S. Operations Through IRA-
- Controlled Social Media Accounts ..................... 22 3. U.S. Operations
- Through Facebook.
- ..................................................................... 24 4. U.S.
- Operations Through Twitter
- ......................................................................... 26 a.
- Individualized Accounts ........................................................
- ........................... 26 b. IRA Botnet Activities ........................
- .............................................................. 28 5. U.S.
- Operations Involving Political Rallies
- .......................................................... 29 6. Targeting and
- Recruitment of U.S. Persons
- .......................................................... 31 7. Interactions
- and Contacts with the Trump Campaign ...........................................
- 33 a. Trump Campaign Promotion ofIRA Political Materials
- ................................. 33 b. Contact with Trump Campaign Officials in
- Connection to Rallies ................. 35 Ill. RUSSIAN HACKING AND DUMPING
- OPERATIONS .....................................................................
- 36 A. GRU Hacking Directed at the Clinton Campaign
- ....................................................... 36 1. GRU Units Target
- the Clinton Campaign
- ............................................................. 36 2. Intrusions
- into the DCCC and DNC Networks
- ..................................................... 38 a. Initial Access .....
- ................................................................................
- ............... 3 8 b. Implantation ofMalware on DCCC and DNC Networks
- ................................ 38 c. Theft of Documents from DNC and DCCC
- Networks .................................... 40 B. Dissemination of the Hacked
- Materials ......................................................................
- 41 I. DCLeaks ..................................................................
- ............................................. 41 2. Guccifer 2.0 ...............
- ................................................................................
- ............ 42 3. Use of WikiLeaks .................................. :
- .............................................................. 44 a. WikiLeaks's
- Expressed Opposition Toward the Clinton Campaign ............... 44 b.
- WikiLeaks's First Contact with Guccifer 2.0 and DCLeaks
- ........................... 45
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- U.S. Department of Justice MterHey Werk Pretittet // Ma,? Cel'ltail'I Material
- Preteeteti UH:tier Fee. R. Crim. P. 6(e) c. The GRU's Transfer of Stolen
- Materials to WikiLeaks .................................. 45 d. ? WikiLeaks
- Statements Dissembling About the Source of Stolen Materials ....................
- ................................................................................
- .... 48 C. Additional GRU Cyber Operations
- ............................................................................. 49
- l. Summer and Fall 2016 Operations Targeting Democrat-Linked Victims
- ............ 49 2. Intrusions Targeting the Administration of U.S. Elections
- ................................... 50 D. Trump Campaign and the Dissemination
- of Hacked Materials .................................. 51 l. ...................
- ........................................................................... 51
- a. Background ..................................................................
- .................................... 51 b. Contacts with the Campaign about
- WikiLeaks ................................................ 52 C. Harm to Ongoing
- Matter .................... 54 d. WikiLeaks's October 7, 2016 Release of Stolen
- Podesta Emails .................... 58 e. Donald Trump Jr. Interaction with
- WikiLeaks ................................................ 59 2. Other Potential
- Campaign Interest in Russian Hacked Materials ......................... 61 a.
- Henry Oknyansky (a/k/a Henry Greenberg)
- .................................................... 61 b. Campaign Efforts to
- Obtain Deleted Clinton Emails ...................................... 62 IV.
- RUSSIAN GOVERNMENT LINKS To AND CONTACTS WITH THE TRUMP CAMPAIGN
- ................ 66 A. Campaign Period (September 2015 -November 8, 2016)
- ......................................... 66 1. Trump Tower Moscow Project
- ............................................................................. 67
- a. Trump Tower Moscow Venture with the Crocus Group (2013-2014) ............ 67
- b. Communications with LC. Expert Investment Company and Giorgi Rtskhiladze
- (Summer and Fall 2015)
- ............................................................ 69 c. Letter of
- Intent and Contacts to Russian Government (October 2015-January 2016) ..........
- ................................................................................
- ...... 70 i. Trump Signs the Letter of Intent on behalf of the Trump
- Organization .... 70 ii. Post-LOI Contacts with Individuals in Russia
- ......................................... 72 d. Discussions about Russia Travel
- by Michael Cohen or Candidate Trump (December 2015-June 2016)
- ......................................................................... 76 i.
- Sater's Overtures to Cohen to Travel to Russia
- ........................................ 76 ii. Candidate Trump's Opportunities
- to Travel to Russia ............................ 78 2. George Papadopoulos .....
- ................................................................................
- ...... 80 a. Origins of Campaign Work
- ..............................................................................
- 81 b. Initial Russia-Related Contacts
- ........................................................................ 82 c.
- March 31 Foreign Policy Team Meeting
- ......................................................... 85 ii
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- U.S. Department of Justice AtterAe~1 \\'erk Prea1::1et // Mft)1 CeHtttil'l
- Material Preteetea UAaer Fea. R. Criffl. P. 6(e) B. Russian Hacking and Dumping
- Operations .............................................................. 175 1.
- Section 1030 Computer-Intrusion Conspiracy
- .................................................... 175 a. Background .........
- ................................................................................
- ........... 175 b. Charging Decision As to ....... 176 2. Potential Section 1030
- Violation By .............................. 179 C. Russian Government Outreach
- and Contacts ............................................................. 180
- 1. Potential Coordination: Conspiracy and Collusion
- ............................................. 180 2. Potential Coordination:
- Foreign Agent Statutes (FARA and 18 U.S.C. ? 951). 181 a. Governing Law ........
- ................................................................................
- ....... 181 b. Application .....................................................
- ................................................ 182 3. Campaign Finance .......
- ................................................................................
- ....... 183 a. Overview Of Governing Law
- ......................................................................... 184 b.
- Application to June 9 Trump Tower Meeting
- ................................................ 185 i. Thing-of-Value Element
- ......................................................................... 186
- ii. Willfulness ................................................................
- ............................. 187 iii. Difficulties in Valuing Promised
- Information ...................................... 188 c. Application to
- WikiLeaks 1.
- ....................................................................... 189 ii.
- Willfulness ....................................................................
- ......................... 190 iii. Constitutional Considerations
- ................................................................ 190 iv.
- Analysis ....................................................................
- 190 4. False Statements and Obstruction of the Investigation
- ....................................... 191 a. Overview Of Governing Law
- ......................................................................... 191 b.
- Application to Certain Individuals
- ................................................................. 192 i. George
- Papadopoulos
- ..............................................................................
- 192 11.
- .............................................................................
- 194 111. Michael Flynn .........................................................
- .............................. 194 iv. Michael Cohen ...........................
- ........................................................... 195 V.
- ..............................................................................
- 196 vi. Jeff Sessions ..........................................................
- ................................. 197 vii. Others Interviewed During the
- Investigation ....................................... 198 V
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- U.S. Department of Justice Atten1e:y? '>lork Preettet // Moy Cefttttift Material
- Preteetee Ul'leer Fee. R. Criffl.. P. 6(e) INTRODUCTION TO VOLUME I This report
- is submitted to the Attorney General pursuant to 28 C.F.R. ? 600.8(c), which
- states that, "[a]t the conclusion of the Special Counsel's work, he ... shall
- provide the Attorney General a confidential report explaining the prosecution or
- declination decisions [the Special Counsel] reached." The Russian government
- interfered in the 2016 presidential election in sweeping and systematic fashion.
- Evidence of Russian government operations began to surface in mid-2016. In June,
- the Democratic National Committee and its cyber response team publicly announced
- that Russian hackers had compromised its computer network. Releases of hacked
- materials-hacks that public reporting soon attributed to the Russian government-
- began that same month. Additional releases followed in July through the
- organization WikiLeaks, with further releases in October and November. In late
- July 2016, soon after WikiLeaks's first release of stolen documents, a foreign
- government contacted the FBI about a May 2016 encounter with Trump Campaign
- foreign policy advisor George Papadopoulos. Papadopoulos had suggested to a
- representative of that foreign government that the Trump Campaign had received
- indications from the Russian government that it could assist the Campaign
- through the anonymous release of information damaging to Democratic presidential
- candidate Hillary Clinton. That information prompted the FBI on July 31, 2016,
- to open an investigation into whether individuals associated with the Trump
- Campaign were coordinating with the Russian government in its interference
- activities. That fall, two federal agencies jointly announced that the Russian
- government "directed recent compromises of e-mails from US persons and
- institutions, including US political organizations," and, "[t]hese thefts and
- disclosures are intended to interfere with the US election process." After the
- election, in late December 2016, the United States imposed sanctions on Russia
- for having interfered in the election. By early 2017, several congressional
- committees were examining Russia's interference in the election. Within the
- Executive Branch, these investigatory efforts ultimately led to the May 2017
- appointment of Special Counsel Robert S. Mueller, III. The order appointing the
- Special Counsel authorized him to investigate "the Russian government's efforts
- to interfere in the 2016 presidential election," including any links or
- coordination between the Russian government and individuals associated with the
- Trump Campaign. As set forth in detail in this report, the Special Counsel's
- investigation established that Russia interfere~ in the 2016 presidential
- election principally through two operations. First, a Russian entity carried out
- a social media campaign that favored presidential candidate Donald J. Trump and
- disparaged presidential candidate Hillary Clinton. Second, a Russian
- intelligence service conducted computer-intrusion operations against entities,
- employees, and volunteers working on the Clinton Campaign and then released
- stolen documents. The investigation also identified numerous links between the
- Russian government and the Trump Campaign. Although the investigation
- established that the Russian government perceived it would benefit from a Trump
- presidency and worked to secure that outcome, and that the Campaign expected it
- would benefit
- RESULT: 5
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- TEXT:
- U.S. Department of Justice Atterrte~? Werk Predttet // May Cetttairt Material
- Preteetee Urteer Fee. R. Crim. P. 6(e) EXECUTIVE SUMMARY TO VOLUME I RUSSIAN
- SOCIAL MEDIA CAMPAIGN The Internet Research Agency (IRA) carried out the
- earliest Russian interference operations identified by the investigation-a
- social media campaign designed to provoke and amplify political and social
- discord in the United States. The IRA was based in St. Petersburg, Russia, and
- received funding from Russian oligarch Y evgeniy Prigozhin and companies he
- controlled. Pri ozhin is widel re orted to have ties to Russian President
- Vladimir Putin In mid-2014, the IRA sent em lo mission with instructions The IRA
- later used social media accounts and interest groups to sow discord in the U.S.
- political system through what it termed "information warfare." The campaign
- evolved from a generalized program designed in 2014 and 2015 to undermine the
- U.S. electoral system, to a targeted operation that by early 2016 favored
- candidate Trump and disparaged candidate Clinton. The IRA' s operation also
- included the purchase of political advertisements on social media in the names
- of U.S. persons and entities, as well as the staging of political rallies inside
- the United States. To organize those rallies, IRA employees posed as U.S.
- grassroots entities and persons and made contact with Trump supporters and Trump
- Campaign officials in the United States. The investigation did not identify
- evidence that any U.S. persons conspired or coordinated with the IRA. Section II
- of this report details the Office's investigation of the Russian social media
- campaign. RUSSIAN HACKING OPERATIONS At the same time that the IRA operation
- began to focus ?on supporting candidate Trump in early 2016, the Russian
- government employed a second form of interference: cyber intrusions (hacking)
- and releases of hacked materials damaging to the Clinton Campaign. The Russian
- intelligence service known as the Main Intelligence Directorate of the General
- Staff of the Russian Army (GRU) carried out these operations. In March 2016, the
- GRU began hacking the email accounts of Clinton Campaign volunteers and
- employees, including campaign chairman John Podesta. In April 2016, the GRU
- hacked into the computer networks of the Democratic Congressional Campaign
- Committee (DCCC) and the Democratic National Committee (DNC). The GRU stole
- hundreds of thousands of documents from the compromised email accounts and
- networks. Around the time that the DNC announced in mid-June 2016 the Russian
- government's role in hacking its network, the GRU began disseminating stolen
- materials through the fictitious online personas "DCLeaks" and "Guccifer 2.0."
- The GRU later released additional materials through the organization WikiLeaks.
- 4
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- U.S. Department of Justice AH:erHey \?Brit Pr6d1:1et // Mtty Cet1:tttifl
- Mttterittl Preteeted Ut1:der Fed. R. Ct1iffl. P. 6(e) The presidential campaign
- of Donald J. Trump ("Trump Campaign" or "Campaign") showed interest in
- WikiLeaks's releases of documents and welcomed their otential to damage
- candidate Clinton. Beginning in June 2016,
- llfilllillliliilfll~llliillllllilllilli forecast to senior Campaign officials
- that WikiLeaks would release information damaging to candidate Clinton.
- WikiLeaks's first release came in July 2016. Around the same time, candidate
- Trump announced that he hoped Russia would recover emails described as missing
- from a private server used b Clinton when she was Secreta of State he later said
- that he was s ? eakin sarcasticall . WikiLeaks began releasing Podesta' s stolen
- emails on October 7, 2016, less than one hour after a U.S. media outlet released
- video considered damaging to candidate Trump. Section lII of this Report details
- the Office's investigation into the Russian hacking operations, as well as other
- efforts by Trump Campaign supporters to obtain Clinton-related emails. RUSSIAN
- CONTACTS WITH THE CAMPAIGN The social media campaign and the GRU hacking
- operations coincided with a series of contacts between Trump Campaign officials
- and individuals with ties to the Russian government. The Office investigated
- whether those contacts reflected or resulted in the Campaign conspiring or
- coordinating with Russia in its election-interference activities. Although the
- investigation established that the Russian government perceived it would benefit
- from a Trump presidency and worked to secure that outcome, and that the Campaign
- expected it would benefit electorally from information stolen and released
- through Russian efforts, the investigation did not establish that members of the
- Trump Campaign conspired or coordinated with the Russian government in its
- election interference activities. The Russian contacts consisted of business
- connections, offers of assistance to the Campaign, invitations for candidate
- Trump and Putin to meet in person, invitations for Campaign officials and
- representatives of the Russian government to meet, and policy positions seeking
- improved U.S.-Russian relations. Section IV of this Report details the contacts
- between Russia and the Trump Campaign during the campaign and transition
- periods, the most salient of which are summarized below in chronological order.
- 2015. Some of the earliest contacts were made in connection with a Trump
- Organization real-estate project in Russia known as Trump Tower Moscow.
- Candidate Trump signed a Letter oflntent for Trump Tower Moscow by November
- 2015, and in January 2016 Trump Organization executive Michael Cohen emailed and
- spoke about the project with the office of Russian government press secretary
- Dmitry Peskov. The Trump Organization pursued the project through at least June
- 2016, including by considering travel to Russia by Cohen and candidate Trump.
- Spring 2016. Campaign foreign policy advisor George Papadopoulos made early
- contact with Joseph Mifsud, a London-based professor who had connections to
- Russia and traveled to Moscow in April 2016. Immediately upon his return to
- London from that trip, Mifsud told Papadopoulos that the Russian government had
- "dirt" on Hillary Clinton in the form of thousands 5
- RESULT: 7
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- TEXT:
- U.S. Department of Justice l\.ttortte~? Work Pt'od1:1et // Mtty Cotttttitt
- Mttterittl Proteeted Uttder Fed. R. Criffl. P. 6(e) of emails. One week later,
- in the first week of May 2016, Papadopoulos suggested to a representative of a
- foreign government that the Trump Campaign had received indications from the
- Russian government that it could assist the Campaign through the anonymous
- release of information damaging to candidate Clinton. Throughout that period of
- time and for several months thereafter, Papadopoulos worked with Mifsud and two
- Russian nationals to arrange a meeting between the Campaign and the Russian
- government. No meeting took place. Summer 2016. Russian outreach to the Trump
- Campaign continued into the summer of 2016, as candidate Trump was becoming the
- presumptive Republican nominee for President. On June 9, 2016, for example, a
- Russian lawyer met with senior Trump Campaign officials Donald Trump Jr., Jared
- Kushner, and campaign chairman Paul Manafort to deliver what the email proposing
- the meeting had described as "official documents and information that would
- incriminate Hillary." The materials were offered to Trump Jr. as "part of Russia
- and its government's support for Mr. Trump." The written communications setting
- up the meeting showed that the Campaign anticipated receiving information from
- Russia that could assist candidate Trump's electoral prospects, but the Russian
- lawyer's presentation did not provide such information. Days after the June 9
- meeting, on June 14, 2016, a cybersecurity firm and the DNC announced that
- Russian government hackers had infiltrated the DNC and obtained access to
- opposition research on candidate Trump, among other documents. In July 2016,
- Campaign foreign policy advisor Carter Page traveled in his personal capacity to
- Moscow and gave the keynote address at the New Economic School. Page had lived
- and worked in Russia between 2003 and 2007. After returning to the United
- States, Page became acquainted with at least two Russian intelligence officers,
- one of whom was later charged in 2015 with conspiracy to act as an unregistered
- agent of Russia. Page's July 2016 trip to Moscow and his advocacy for pro-
- Russian foreign policy drew media attention. The Campaign then distanced itself
- from Page and, by late September 2016, removed him from the Campaign. July 2016
- was also the month WikiLeaks first released emails stolen by the GRU from the
- DNC. On July 22, 2016, WikiLeaks posted thousands of internal DNC documents
- revealing information about the Clinton Campaign. Within days, there was public
- reporting that U.S. intelligence agencies had "high confidence" that the Russian
- government was.behind the theft of emails and documents from the DNC. And within
- a week of the release, a foreign government informed the FBI about its May 2016
- interaction with Papadopoulos and his statement that the Russian government
- could assist the Trump Campaign. On July 31, 2016, based on the foreign
- government rep01ting, the FBI opened an investigation into potential
- coordination between the Russian government and individuals associated with the
- Trump Campaign. Separately, on August 2, 2016, Trump campaign chairman Paul
- Manafort met in New York City with his long-time business associate Konstantin
- Kilimnik, who the FBI assesses to have ties to Russian intelligence. Kilimnik
- requested the meeting to deliver in person a peace plan for Ukraine that
- Manafort acknowledged to the Special Counsel's Office was a "backdoor" way for
- Russia to control part of eastern Ukraine; both men believed the plan would
- require candidate Trump's assent to succeed (were he to be elected President).
- They also discussed the status of the 6
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- TEXT:
- U.S. Department of Justice Atteffle'.} 'Nm?k P1:1edttet // May Cm~taitt Material
- Preteetecl Uttcler Fed. R. C1:1im. P. 6(e) Trump Campaign and Manafort's
- strategy for winning Democratic votes in Midwestern states. Months before that
- meeting, Manafort had caused internal polling data to be shared with Kilimnik,
- and the sharing continued for some period of time after their August meeting.
- Fall 2016. On October 7, 2016, the media released video of candidate Trump
- speaking in graphic terms about women years earlier, which was considered
- damaging to his candidacy. Less than an hour later, WikiLeaks made its second
- release: thousands of John Podesta's emails that had been stolen by the GRU in
- late March 2016. The FBI and other U.S. government institutions were at the time
- continuing their investigation of suspected Russian government efforts to
- interfere in the presidential election. That same day, October 7, the Department
- of Homeland Security and the Office of the Director of National Intelligence
- issued a joint public statement "that the Russian Government directed the recent
- compromises of e-mails from US persons and institutions, including from US
- political organizations." Those "thefts" and the "disclosures" of the hacked
- materials through online platforms such as WikiLeaks, the statement continued,
- "are intended to interfere with the US election process." Post-2016 Election.
- Immediately after the November 8 election, Russian government officials and
- prominent Russian businessmen began trying to make inroads into the new
- administration. The most senior levels of the Russian government encouraged
- these efforts. The Russian Embassy made contact hours after the election to
- congratulate the President-Elect and to arrange a call with President Putin.
- Several Russian businessmen picked up the effort from there. Kirill Dmitriev,
- the chief executive officer of Russia's sovereign wealth fund, was among the
- Russians who tried to make contact with the incoming administration. In early
- December, a business associate steered Dmitriev to Erik Prince, a supporter of
- the Trump Campaign and an associate of senior Trump advisor Steve Bannon.
- Dmitriev and Prince later met face-to-face in January 2017 in the Seychelles and
- discussed U.S.-Russia relations. During the same period, another business
- associate introduced Dmitriev to a friend of Jared Kushner who had not served on
- the Campaign or the Transition Team. Dmitriev and Kushner's friend collaborated
- on a short written reconciliation plan for the United States and Russia, which
- Dmitriev implied had been cleared through Putin. The friend gave that proposal
- to Kushner before the inauguration, and Kushner later gave copies to Bannon and
- incoming Secretary of State Rex Tillerson. On December 29, 2016, then-President
- Obama imposed sanctions on Russia for having interfered in the election.
- Incoming National Security Advisor Michael Flynn called Russian Ambassador
- Sergey Kislyak and asked Russia not to escalate the situation in response to the
- sanctions. The following day, Putin announced that Russia would not take
- retaliatory measures in response to the sanctions at that time. Hours later,
- President-Elect Trump tweeted, "Great move on delay (by V. Putin)." The next
- day, on December 31, 2016, Kislyak called Flynn and told him the request had
- been received at the highest levels and Russia had chosen not to retaliate as a
- result of Flynn's request. * * * On January 6, 2017, members of the intelligence
- community briefed President-Elect Trump on a joint assessment-drafted and
- coordinated among the Central Intelligence Agency, FBI, and 7
- RESULT: 9
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- TEXT:
- U.S. Department of Justice A1:1:erHey \?erk Predt1et // Mey CeHtttiH Matel'ial
- Pl'eteeted UHder Fed. R. Criffl. P. 6(e) and whether prosecution would serve a
- substantial federal interest that could not be adequately served by prosecution
- elsewhere or through non-criminal alternatives. See Justice Manual ? 9-27 .220.
- Section V of the report provides detailed explanations of the Office's charging
- decisions, which contain three main components. First, the Office determined
- that Russia's two principal interference operations in the 2016 U.S.
- presidential election-the social media campaign and the hacking-and-dumping
- violated U.S. criminal law. Many of the individuals and entities involved in the
- social media campaign have been charged with participating in a conspiracy to
- defraud the United States by undermining through deceptive acts the work of
- federal agencies charged with regulating foreign influence in U.S. elections, as
- well as related counts of identity theft. See United States v. Internet Research
- Agency, et al., No. 18-cr-32 (D.D.C.). Separately, Russian intelligence officers
- who carried out the hacking into Democratic Party computers and the personal
- email accounts of individuals affiliated with the Clinton Campaign conspired to
- violate, among other federal laws, the federal computer-intrusion statute, and
- the have been so char ed. See United States v. Ne ksho, et al., No. 18-cr-215
- D.D.C .. Second, while the investigation identified numerous links between
- individuals with ties to the Russian government and individuals associated with
- the Trump Campaign, the evidence was not sufficient to support criminal charges.
- Among other things, the evidence was not sufficient to charge any Campaign
- official as an unregistered agent of the Russian government or other Russian
- principal. And our evidence about the June 9, 2016 meeting and WikiLeaks's
- releases of hacked materials was not sufficient to charge a criminal campaign-
- finance violation. Further, the evidence was not sufficient to charge that any
- member of the Trump Campaign conspired with representatives of the Russian
- government to interfere in the 2016 election. Third, the investigation
- established that several individuals affiliated with the Trump Campaign lied to
- the Office, and to Congress, about their interactions with Russian-affiliated
- individuals and related matters. Those lies materially impaired the
- investigation of Russian election interference. The Office charged some of those
- lies as violations of the federal statements statute. Former National Security
- Advisor Michael Flynn pleaded guilty to lying about his interactions with
- Russian Ambassador Kislyak during the transition period. George Papadopoulos, a
- foreign policy advisor during the campaign period, pleaded guilty to lying to
- investigators about, inter alia, the nature and timing of his interactions with
- Joseph Mifsud, the professor who told Papadopoulos that the Russians had dirt on
- candidate Clinton .in the form of thousands of emails. Former Trump Organization
- attorney Michael Cohen leaded uilt to makin false statements to Con ress about
- the Trum Moscow ro ? ect. 9
- RESULT: 10
- PAGE: 43
- TEXT:
- U.S. Department of Justice Attem1:ey Work Prod1:1et /,' M1ty Cot1t1tit1
- Mftteri1tl Proteeted Ut1der Fed. R. Crifl'I. P. 6(e) III. RUSSIAN HACKING AND
- DUMPING OPERATIONS Beginning in March 2016, units of the Russian Federation's
- Main Intelligence Directorate of the General Staff (GRU) hacked the computers
- and email accounts of organizations, e?mployees, and volunteers supporting the
- Clinton Campaign, including the email account of campaign chairman John Podesta.
- Starting in April 2016, the GRU hacked into the computer networks of the
- Democratic Congressional Campaign Committee (DCCC) and the Democratic National
- Committee (DNC). The GRU targeted hundreds of email accounts used by Clinton
- Campaign employees, advisors, and volunteers. In total, the GRU stole hundreds
- of thousands of documents from the compromised email accounts and networks.109
- The GRU later released stolen Clinton Campaign and DNC documents through online
- personas, "DCLeaks" and "Guccifer 2.0," and later through the organization
- WikiLeaks. The release of the documents was designed and timed to interfere with
- the 2016 U.S. presidential election and undermine the Clinton Campaign. , the
- Trump Campaign about WikiLeaks's activities. The investigation was unable to
- resolve WikiLeaks's release of the stolen Podesta emails on October 7, 2016, the
- same day a video from years earlier was published of Trump using graphic
- language about women. A. GRU Hacking Directed at the Clinton Campaign 1. GRU
- Units Target the Clinton Campaign Two military units of the GRU carried out the
- computer intrusions into the Clinton Campaign, DNC, and DCCC: Military Units
- 26165 and 74455.110 Military Unit 26165 is a GRU cyber unit dedicated to
- targeting military, political, governmental, and non-governmental organizations
- outside of Russia, including in the United States.111 The unit was sub-divided
- into departments with different specialties. One department, for example,
- developed specialized malicious software "malware" , while another de artment
- conducted large-scale spearphishing campaigns.112 jfllllililliliilllilli
- lilillllll~ a bitcoin mining operation to 109 As discussed in Section V below,
- our Office charged 12 GRU officers for crimes arising from the hacking of these
- computers, principally with conspiring to commit computer intrusions, in
- violation of 18 U.S.C. ?? 1030 and 371. See Volume I, Section V.B, infra;
- Indictment, United States v. Netyksho, No. I :18-cr-215 (D.D.C. July 13, 2018),
- Doc. 1 ("Netyksho Indictment"). 110 Netyksho Indictment ,r 1. 111 Separate from
- this Office's indictment of GRU officers, in October 2018 a grand jury sitting
- in the Western District of Pennsylvania returned an indictment charging certain
- members of Unit 26165 with hacking the U.S. Anti-Doping Agency, the World Anti-
- Doping Agency, and other international sport associations. United States v.
- Aleksei Sergeyevich Morenets, No. 18-263 (W.D. Pa.). 112 A spearphishing email
- is designed to appear as though it originates from a trusted source, and
- solicits information to enable the sender to gain access to an account or
- network, or causes the recipient to 36
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- TEXT:
- U.S. Department of Justice Attarl'ley Werk Predttet // Mey Cel'ltail'l Material
- Preteeted Unaer Fed. R. Cril'l'I. P. 6(e) Unit 26165 officers appear to have
- stolen thousands of emails and attachments, which were later released by
- WikiLeaks in July 2016.136 B. Dissemination of the Hacked Materials The GRU's
- operations extended beyond stealing materials, and included releasing documents
- stolen from the Clinton Campaign and its supporters. The GRU carried out the
- anonymous release through two fictitious online personas that it created-DCLeaks
- and Guccifer 2.0-and later through the organization WikiLeaks. 1. DCLeaks The
- GRU began planning the releases at least as early as April 19, 2016, when Unit
- 26165 registered the domain dcleaks.com through a service that anonymized the
- registrant.137 Unit 26165 paid for the registration using a pool of bitcoin that
- it had mined. 138 The dcleaks.com landing page pointed to different tranches of
- stolen documents, arranged by victim or subject matter. Other dcleaks.com pages
- contained indexes of the stolen emails that were being released (bearing the
- sender, recipient, and date of the email). To control access and the timing of
- releases, pages were sometimes password-protected for a period of time and later
- made unrestricted to the public. Starting in June 2016, the GRU posted stolen
- documents onto the website dcleaks.com, including documents stolen from a number
- of individuals associated with the Clinton Campaign. These documents appeared to
- have originated from personal email accounts (in particular, Google and
- Microsoft accounts), rather than the DNC and DCCC computer networks. DCLeaks
- victims included an advisor to the Clinton Campaign, a former DNC employee and
- Clinton Campaign employee, and four other campaign volunteers.139 The GRU
- released through dcleaks.com thousands of documents, including personal
- identifying and financial information, internal correspondence related to the
- Clinton Campaign and prior political jobs, and fundraising files and
- information.140 136 Netyksho Indictment ,i 29. The last-in-time DNC email
- released by WikiLeaks was dated May 25, 2016, the same period of time during
- which the GRU gained access to the DNC's email server. Netyksho Indictment ,i
- 45. 137 Netyksho Indictment ,i 35. Approximately a week before the registration
- of dcleaks.com, the same actors attem ted to re ister the website
- electionleaks.com using the same domain registration service. 138 See
- SM-2589105, serial 181; Netyksho Indictment ,i 2l(a). 140 See, e.g., Internet
- Archive, "htt s://dcleaks.com/" archive date Nov. 10, 2016). Additionally,
- DCLeaks released documents relating to , emails belonging to_, and emails from
- 2015 relating to Republican Party employees (under the portfolio name "The
- United States Republican Party"). "The United States Republican Party" portfolio
- contained approximately 300 emails from a variety of GOP members, PACs,
- campaigns, state parties, and businesses dated between May and October 2015.
- According to open-source reporting, these victims shared the same 41
- RESULT: 12
- PAGE: 51
- TEXT:
- U.S. Department of Justice AtierHey Werk Predttet // Moy CeHtttiH Material
- Preteeted UHeer Fed. R. Crim. P. 6(e) In early August 2016, Twitter's suspension
- of the Guccifer 2.0 Twitter account. After it was reinstated, GRU officers
- posing as Guccifer 2.0 wrote 1;c?)Wp ,,ia private message, "thank u for writing
- back ... do u find anyt[h]ing interesting in the docs i posted?" On August 17,
- 2016, the GRU added, "please tell me if i can help u anyhow ... it would be a
- great pleasure to me." On September 9, 2016, the GRUi;(T);f posing as Guccifer
- 2.0-referred to a stolen DCCC document posted online and asked ? "what do u
- think of the info on the turnout model for the democrats entire presidential
- campaign." -responded, "pretty standard."155 The investigation did not identify
- evidence of other communications between-and Guccifer 2.0. 3. Use of WikiLeaks
- In order to expand its interference in the 20 I 6 U.S. presidential election,
- the GRU units transferred many of the documents they stole from the DNC and the
- chairman of the Clinton Campaign to WikiLeaks. GRU officers used both the
- DCLeaks and Guccifer 2.0 personas to communicate with WikiLeaks through Twitter
- private messaging and through encrypted channels, including possibly through
- WikiLeaks's private communication system. . a. WikiLeaks's Expressed Opposition
- Toward the Clinton Campaign WikiLeaks, and particularly its founder Julian
- Assange, privately expressed opposition to candidate Clinton well before the
- first release of stolen documents. In November 2015, Assange wrote to other
- members and associates of WikiLeaks that "[w]e believe it would be much better
- for GOP to win ... Dems+Media+liberals woudl [sic] then form a block to reign in
- their worst qualities. . . . With Hillary in charge, GOP will be pushing for her
- worst qualities., dems+media+neoliberals will be mute .... She's a bright, well
- connected, sadisitic sociopath."156 In March 2016, WikiLeaks released a
- searchable archive of approximately 30,000 Clinton emails that had been obtained
- through FOIA litigation.157 While designing the archive, one WikiLeaks member
- explained the reason for building the archive to another associate: 154 155 Harm
- to Ongoing Matter 156 1 l/19/15 Twitter Group Chat, Group ID 594242937858486276,
- @WikiLeaks et al. Assange also wrote that, "GOP will generate a lot oposition
- [sic], including through dumb moves. Hillary will do the same thing, but co-opt
- the liberal opposition and the GOP opposition. Hence biliary has greater freedom
- to statt wars than the GOP and has the will to do so." Id. 157 WikiLeaks,
- "Hillary Clinton Email Archive," available at https://wikileaks.org/clinton-
- emails/. 44
- RESULT: 13
- PAGE: 52
- TEXT:
- U.S. Department of Justice AttorHey Work Prodttet // Mtty Cofl:tttifl:
- Mttterittl Proteeted UHder Fed. R. Criffl. P. 6(e) [W]e want this repository to
- become "the place" to search for background on hillary's plotting at the state
- department during 2009-2013. . . . Firstly because its useful and will annoy
- Hillary, but secondly because we want to be seen to be a resource/player in the
- US election, because eit [sic] may en[]courage people to send us even more
- important leaks.158 b. WikiLeaks's First Contact with Guccifer 2.0 and DCLeaks
- Shortly after the GRU's first release of stolen documents through dcleaks.com in
- June 2016, GRU officers also used the DCLeaks persona to contact WikiLeaks about
- possible coordination in the future release of stolen emails. On June 14, 2016,
- @dcleaks _ sent a direct message to @WikiLeaks, noting, "You announced your
- organization was preparing to publish more Hillary's emails. We are ready to
- support you. We have some sensitive information too, in particular, her
- financial documents. Let's do it to ether. What do ou think about ublishin our
- info at the same moment? Thank ou."159 Around the same time, WikiLeaks initiated
- communications with the GRU persona Guccifer 2.0 shortly after it was used to
- release documents stolen from the DNC. On June 22, 2016, seven days after
- Guccifer 2.0's first releases of stolen DNC documents, WikiLeaks used Twitter's
- direct message function to contact the Guccifer 2.0 Twitter account and suggest
- that Guccifer 2.0 "[s]end any new material [stolen from the DNC] here for us to
- review and it will have a much higher impact than what you are doing."160 On
- July 6, 2016, WikiLeaks again contacted Guccifer 2.0 through Twitter's private
- messaging function, writing, "if you have anything hillary related we want it in
- the next tweo [sic] days prefab le [sic] because the DNC is approaching and she
- will solidify bernie supporters behind her after." The Guccifer 2.0 persona
- responded, "ok ... i see." WikiLeaks also explained, "we think trump has only a
- 25% chance of winning against hillary ... so conflict between bernie and hillary
- is interesting." 161 c. The GRU's Transfer of Stolen Materials to WikiLeaks Both
- the GRU and WikiLeaks sought to hide their communications, which has limited the
- Office's ability to collect all of the communications between them. Thus,
- although it is clear that the stolen DNC and Podesta documents were transferred
- from the GRU to WikiLeaks, -Investigative Technique 158 3/14/16 Twitter DM,
- @WikiLeaks to Less than two weeks earlier, the same account had been used to
- send a private message opposing the idea of Clinton "in whitehouse with her
- bloodlutt and amitions [sic] of empire with hawkish liberal-interventionist
- appointees." 11/19/15 Twitter Group Chat, Group ID 594242937858486276,
- @WikiLeaks et al. 159 6/14/16 Twitter DM, @dcleaks_ to @WikiLeaks. 160 Netyksho
- Indictment ,r 47(a). 1617/6/16 Twitter DMs, @WikiLeaks & @guccifer_2. 45
- RESULT: 14
- PAGE: 53
- TEXT:
- U.S. Department of Justice Atterttey Werk Predttet // Ma:y Cettta:itt Mttteria:l
- Preteeted Uttder Fed. R. Criffl. P. 6(e) The Office was able to identify when
- the GRU ( operating through its personas Guccifer 2.0 and DCLeaks) transferred
- some of the stolen documents to WikiLeaks through online archives set up by the
- GRU. Assan e had access to the internet from the Ecuadorian Embass in London, En
- land. On July 14, 2016, GRU officers used a Guccifer 2.0 email account to send
- WikiLeaks an email bearing the subject "big archive" and the message "a new
- attempt."163 The email contained an encrypted attachment with the name "wk dnc
- link I .txt.gpg."164 Using the Guccifer 2.0 Twitter account, GRU officers sent
- WikiLeaks an encrypted file and instructions on how to open it.165 On July 18,
- 2016, WikiLeaks confirmed in a direct message to the Gucci fer 2.0 account that
- it had "the 1 Gb or so archive" and would make a release of the stolen documents
- "this week."166 On July 22, 2016, WikiLeaks released over 20,000 emails and
- other documents stolen from the DNC computer networks.167 The Democratic
- National Convention began three days later. Similar communications occurred
- between WikiLeaks and the GRU-operated persona DCLeaks. On September 15, 2016,
- @dcleaks wrote to @WikiLeaks, "hi there! I'm from DC Leaks. How could we discuss
- some submission-related issues? Am trying to reach out to you via your secured
- chat but getting no response. I've got something that might interest you. You
- won't be disappointed, I promise."168 The WikiLeaks account responded, "Hi
- there," without further elaboration. The @dcleaks_ account did not respond
- immediately. The same day, the Twitter account@guccifer_2 sent @dcleaks_ a
- direct message, which is the first known contact between the personas.169 During
- subsequent communications, the 163 This was not the GRU's first attempt at
- transferring data to WikiLeaks. On June 29, 2016, the GRU used a Guccifer 2.0
- email accou~ted file to a WikiLeaks email account. 6/29/16 Email,
- guccifer2@mail.com (The email appears to have been undelivered.) 164 See
- SM-2589105-DCLEAKS, serial 28 (analysis). 165 6/27/16 Twitter DM, @Guccifer_2 to
- @WikiLeaks. 166 7/18/16 Twitter OM, @Guccifer_2 & @WikiLeaks. 167 "DNC Email
- Archive," WikiLeaks (Jul. 22, 2016), available at https://wikileaks.org/dnc-
- emails. 168 9/15/16 Twitter DM, @dcleaks_ to @WikiLeaks. 169 9/15/16 Twitter DM,
- @guccifer _ 2 to @dcleaks _. 46
- RESULT: 15
- PAGE: 54
- TEXT:
- U.S. Department of Justice AtterRe;? Werk Predttet // Mtt;? CeRtail'l Mftferial
- Preteeted URder Fed. R. Crim. P. 6(e) Guccifer 2.0 persona informed DCLeaks that
- WikiLeaks was trying to contact DCLeaks and arrange for a way to speak through
- encrypted emails.170 An analysis of the metadata collected from the WikiLeaks
- site revealed that the stolen Podesta emails show a creation date of September
- 19, 2016.171 Based on information about Assange's computer and its possible
- operating system, this date may be when the GRU staged the stolen Podesta emails
- for transfer to WikiLeaks (as the GRU had previously done in July 2016 for the
- DNC emails).172 The WikiLeaks site also released PDFs and other documents taken
- from Podesta that were attachments to emails in his account; these documents had
- a creation date of October 2, 2016, which appears to be the date the attachments
- were separately staged by WikiLeaks on its site.173 Beginning on September 20,
- 2016, WikiLeaks and DCLeaks resumed communications in a brief exchange. On
- September 22, 2016, a DCLeaks email account dcleaksproject@gmail.com sent an
- email to a WikiLeaks account with the subject "Submission" and the message "Hi
- from DCLeaks." The email contained a PGP-encr ted with the filename
- "wiki_mail.txt.gpg."174 %?The email, however, bears a number of similarities to
- the July 14, 2016 email in which GRU officers used the Guccifer 2.0 persona to
- give WikiLeaks access to the archive of DNC files. On September 22, 2016 (the
- same day of DCLeaks' email to WikiLeaks), the Twitter account dcleaks sent a sin
- le messa e to WikiLeaks with the strin of characters The Office cannot rule out
- that stolen documents were transferred to WikiLeaks through intermediaries who
- visited during the summer of 2016. For example, public reporting identified A d
- M"'ll M h w?kiL k . t h h . t d "th th t fi fth Investigative Technique 170 See
- SM-2589105-DCLEAKS, serial 28; 9/15/16 Twitter DM, @Guccifer_2 & @WikiLeaks. 171
- See SM-2284941, serials 63 & 64 Investigative Technique At the time, certain
- Apple operating systems used a setting that left a downloaded file's creation
- date the same as the creation date shown on the host computer. This would
- explain why the creation date on WikiLeaks's version of the files was still
- September 19, 2016. See SM-Investigative Technique 2284941, serial 62 173 When
- WikiLeaks saved attachments separately from the stolen emails, its computer
- system appears to have treated each attachment as a new file and given it a new
- creation date. See SM-2284941, serials 63 & 64. 174 See 9/22/16 Email,
- dcleaksproject@gmail.com 175 Ellen Nakashima et al., A German Hacker Offers a
- Rare Look Inside the Secretive World of Julian Assange and WikiLeaks, Washington
- Post (Jan. 17, 2018). 47
- RESULT: 16
- PAGE: 55
- TEXT:
- U.S. Department of Justice Atton=iey Work Protl1:1et // Mtl:y Cottt:tl:ifl
- Mtl:teritl:l Proteetetl UAtier Fetl. R. Criffl. P. 6(e) Investigative Technique
- . On October 7, 2016, WikiLeaks released the first emails stolen from the
- Podesta email account. In total, WikiLeaks released 33 tranches of stolen emails
- between October 7, 2016 and November 7, 2016. The releases included private
- speeches given by Clinton; 177 internal communications between Podesta and other
- high-ranking members of the Clinton Campaign; 178 and correspondence related to
- the Clinton Foundation.179 In total, WikiLeaks released over 50,000 documents
- stolen from Podesta's personal email account. The last-in-time email released
- from Podesta' s account was dated March 21, 2016, two days after Podesta
- received a spearphishing email sent by the GRU. d. WikiLeaks Statements
- Dissembling About the Source of Stolen Materials As reports attributing the DNC
- and DCCC hacks to the Russian government emerged, WikiLeaks and Assange made
- several public statements apparently designed to obscure the source of the
- materials that WikiLeaks was releasing. The file-transfer evidence described
- above and other information uncovered during the investigation discredit
- WikiLeaks's claims about the source of material that it posted. Beginning in the
- summer of 2016, Assange and WikiLeaks made a number of statements about Seth
- Rich, a former DNC staff member who was killed in July 2016. The statements
- about Rich implied falsely that he had been the source of the stolen DNC emails.
- On August 9, 2016, the @WikiLeaks Twitter account posted: "ANNOUNCE: WikiLeaks
- has decided to issue a US$20k reward for information leading to conviction for
- the murder ofDNC staffer Seth Rich."180 Likewise, on August 25, 2016, Assange
- was asked in an interview, "Why are you so interested in Seth Rich's killer?"
- and responded, "We're very interested in anything that might be a threat to
- alleged Wikileaks sources." The interviewer responded to Assange's statement by
- commenting, "I know you don't want to reveal your source, but it certainly
- sounds like you're suggesting a man who leaked information to WikiLeaks was then
- murdered." Assange replied, "If there's someone who's potentially connected to
- our publication, and that person has been murdered in suspicious t79 Netyksho
- Indictment ,r 43. 180 @WikiLeaks 8/9/16 Tweet. 48
- RESULT: 17
- PAGE: 56
- TEXT:
- U.S. Department of Justice Attort1ey Work Prndttet ,'/ May Cot1:tait1: Material
- Proteeted Ut1:der Fed. R. Cri1fl. P. 6(e) circumstances, it doesn't necessarily
- mean that the two are connected. But it is a very serious matter ... that type
- of allegation is very serious, as it's taken very seriously by us."181 After the
- U.S. intelligence community publicly announced its assessment that Russia was
- behind the hacking operation, Assange continued to deny that the Clinton
- materials released by WikiLeaks had come from Russian hacking. According to
- media reports, Assange told a U.S. congressman that the DNC hack was an "inside
- job," and purported to have "physical proof' that Russians did not give
- materials to Assange. 182 C. Additional GRU Cyber Operations While releasing the
- stolen emails and documents through DCLeaks, Guccifer 2.0, and WikiLeaks, GRU
- officers continued to target and hack victims linked to the Democratic campaign
- and, eventually, to target entities responsible for election administration in
- several states. 1. Summer and Fall 2016 Operations Targeting Democrat-Linked
- Victims On July 27 2016, Unit 26165 targeted email accounts connected to
- candidate Clinton's personal office . Earlier that day, candidate Trump made
- public statements that included the following: "Russia, if you're listening, I
- hope you're able to find the 30,000 emails that are missing. I think you will
- probably be rewarded mightily by our press."183 The "30,000 emails" were
- apparently a reference to emails described in media accounts as having been
- stored on a personal server that candidate Clinton had used while serving as
- Secretary of State. Within approximately five hours of Trump's statement, GRU
- officers targeted for the first time Clinton's personal office. After candidate
- Trump's remarks, Unit 26165 created and sent malicious links targeting 15 email
- accounts at the domain including an email account belonging to Clinton aide The
- investigation did not find evidence of earlier GRU attempts to compromise
- accounts hosted on this domain. It is unclear how the GRU was able to identify
- these email accounts, which were not public.184 Unit 26165 officers also hacked
- into a DNC account hosted on a cloud-computing service copies of the DNC da
- databases (referred to On September 20, 2016, the GRU began to generate function
- designed to allow users to produce backups of as "snapshots"). The GRU then
- stole those snapshots by moving 181 See Assange: "Murdered DNC Staffer Was
- 'Potential' WikiLeaks Source," Fox News (Aug. 25, 2016)(containing video of
- Assange interview by Megyn Kelly). 182 M. Raju & Z. Cohen, A GOP Congressman's
- Lonely Quest Defending Julian Assange, CNN (May 23, 2018). 183 "Donald Trump on
- Russian & Missing Hillary Clinton Emails," YouTube Channel C-SPAN, Posted
- 7/27/16, available at https://www.youtube.com/watch?v=3kxG8uJUsWU (starting at
- 0:41). 49
- RESULT: 18
- PAGE: 58
- TEXT:
- U.S. Department of Justice AttorHey Werle Proattet // Moy CoHtoiH Moteriol
- Proteetee UHeer Fee. R. Crtffl. P. 6(e) for vulnerabilities continued through
- the election. Unit 74455 also sent spearphishing emails to public officials
- involved in election administration and personnel a~ involved in voting
- technology. In August 2016, GRU officers targeted employees of ..... , a voting
- technology company that developed software used by numerous U.S. counties to
- manage voter rolls, and installed malware on the company network. Similarly, in
- November 2016, the GRU sent spearphishing emails to over 120 email accounts used
- by Florida county officials responsible for administering the 2016 U.S.
- election.191 The spearphishing emails contained an attached Word document coded
- with malicious software (commonly referred to as a Trojan) that permitted the
- GRU to access the infected computer.192 The FBI was separately responsible for
- this investigation. We understand the FBI believes that this operation enabled
- the GRU to gain access to the network of at least one Florida county government.
- The Office did not independently verify that belief and, as explained above, did
- not undertake the investigative steps that would have been necessary to do so.
- D. Trump Campaign and the Dissemination of Hacked Materials The Trump Campaign
- showed interest in WikiLeaks's releases hout the summer and fall of 2016. 1. a.
- Background I , Investigative Technique Investigative Technique 51
- RESULT: 19
- PAGE: 59
- TEXT:
- U.S. Department of Justice Attertte,? Werk Proclttet // Mtt'' Cettttttft
- Mttterittl Proteetecl UHcler Fecl. R. Criffl. P. 6(e) b. Contacts with the
- Campaign about WikiLeaks Harm to Ongoing Matter Harm to Ongoing Matter On June
- 12, 2016, Assange claimed in a televised interview to "have emails relating to
- Hillary Clinton which are pending publication,"194 but provided no additional
- context. ? ? ? ? ? ? ? . . ... Harm to Ongoing.Matter Harm to Ongoing Matter
- Gates recalled candidate Trump being generally frustrated that the Clinton
- emails had not been found.196 , ! Harm to Ongoing Matter Harm to Ongoing Matter
- ?; 194 See Mahita Gajanan, Julian Assange Timed DNC Email Release for Democratic
- Convention, Time (July 27, 2016) (qu.oting the June 12, 2016 television
- interview). 195 In February 2018, Gates pleaded guilty, pursuant to a 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, l:
- 17-cr-201 (D.D.C. Feb. 23, 2018), Doc. 195 ("Gates Superseding Criminal
- Information"); Plea Agreement, United States v. Richard W Gates III, 1:
- 17-cr-201 (D.D.C. Feb. 23, 2018), Doc. 205 ("Gates Plea Agreement"). Gates has
- provided information and in-comt testimony that the Office has deemed to be
- reliable. 196 Gates I 0/25/18 302, at 1-2. 197 As explained further in Volume I,
- Section IV.A.8, irifra, Manafort entered into a plea agreement with our Office.
- We determined that he breached the agreement by being untruthful in proffer
- sessions and before the grand jury. We have generally recounted his version of
- events in this report only when his statements are sufficiently corroborated to
- be trustworthy; to identify issues on which Manafort's untruthful responses may
- themselves be of evidentiary value; or to provide Manafort's explanations for
- certain events, even when we were unable to determine whether that explanation
- was credible. His account appears here principally because it aligns with those
- of other witnesses. 198 52
- RESULT: 20
- PAGE: 60
- TEXT:
- U.S. Department of Justice Att:erttey '+\'erk Prnt=lttet // May Cetttaitt
- Material Preteetea UHaer Fee. R. Crim. P. 6(e) Michael Cohen, former executive
- vice president of the Trump Organization and special counsel to Donald J. Trump,
- 199 told the Office that he recalled an incident in which he was in candidate
- Trum 's office in Trum Tower Cohen further told the Office that, after
- WikiLeaks's subsequent release of stolen mails in July 2016, candidate Trump
- said to Cohen something to the effect of 202 199 In November 2018, Cohen pleaded
- guilty pursuant to a plea agreement to a single-count information charging him
- with making false statements to Congress, in violation of 18 U.S.C. ? l00l(a) &
- (c). He had previously pleaded guilty to several other criminal charges brought
- by the U.S. Attorney's Office in the Southern District of New York, after a
- referral from this Office. In the months leading up to his false-statements
- guilty plea, Cohen met with our Office on multiple occasions for interviews and
- provided information that the Office has generally assessed to be reliable and
- that is included in this report. 202 Cohen 9/18/18 302, at I 0. Harm to Ongoing
- Matter Harm to Ongoing Matter 203 Gates 10/25/18 302 (serial 241), at 4. 204 20S
- 53
- RESULT: 21
- PAGE: 61
- TEXT:
- U.S. Department of Justice Att:erHey Werle Predttet ,',' May CeHtttiH Mttterittl
- Preteeted UHder Fed. R. Crim. P. 6Ee) developments with WikiLeaks and separately
- told Gates to keep in touch--about future WikiLeaks releases.206 According to
- Gates, by the late summer of 2016, the Trump Campaign was planning a press
- strategy, a communications cam and messa in based on the ossible release of I
- IQI 111 LV '-'ll~VII I~ HIQLL r Clinton emails b WikiLeaks.207 208 ,: Harm to
- Ongoing Matter Harm to ungomg Matter to LaGuardia Airport. , shortly after the
- call candidate Trump told Gates that more releases of damaging information would
- be coming.209 c. Harm to Ongoing Matter Harm to Ongoing Matter ? ? ? ? ? ? ? ? ?
- u ?. -? ? Harm to Ongoing Matter 207 Gates 4/10/18 302, at 3; Gates 4/11/18 302,
- at 1-2 (SM-2180998); Gates 10/25/18 302, at 2. 208 209 Gates 10/25/18 302
- (serial 241), at 4. 210 211 ,HOM 212 Corsi first rose to public prominence in
- August 2004 when he published his book Unfit for Command: Swift Boat Veterans
- Speak Out Against John Kerry. In the 2008 election cycle, Corsi gained
- prominence for being a leading proponent of the allegation that Barack Obama was
- not born in the United States. Corsi told the Office that Donald Trump expressed
- interest in his writings, and that he spoke with Trump on the phone on at least
- six occasions. Corsi 9/6/18 302, at 3. 213 Corsi 10/31/18 302, at 2; Corsi was
- first interviewed on September 6, 2018 at the Special Counsel's offices in
- Washington, D.C. He was accompanied by counsel throughout the interview. Corsi
- was subsequently interviewed on September 17, 2018; September 21, 2018; October
- 31, 2018; November I, 2018; and November 2, 2018. Counsel was 54
- RESULT: 22
- PAGE: 63
- TEXT:
- U.S. Department of Justice Att:arttey Wat1k Pt1adttet // Mtty Catttttitt
- Mttterittl Preteeted Under Fed. R. Ct1iffl. P. 6(e) Malloch stated to
- investigators that beginnin in or about Au ust 2016, he and Corsi had multiple
- Face Time discussions about WikiLeaks ? had made a connection to Assange and
- that the hacked emails of John Podesta would be released prior to Election Day
- and would be helpful to the Trump Campaign. In one conversation in or around
- August or September 2016, Corsi told Malloch that the release of the Podesta
- emails was coming, after which "we" were going to be in the driver's seat.221
- Harm to Ongoing Matter 1if11Harm to Ongoing Matter 1i1Harm to Ongoing Matter
- 111Harm to Ongoing Matter Harm to Ongoing Matter 111Harm to Ongoing Matter -Harm
- to Ongoing Matter Harm to Ongoing Matter ? Harm to Ongoing Matter 223 224 225
- 226 227 228 Harm to Ongoing Matter Harm to Ongoing Matter Harm to Ongoing Matter
- Harm to Ongoing Matter Harm to Ongoing Matter Harm to Ongoing Matter 56
- RESULT: 23
- PAGE: 65
- TEXT:
- U.S. Department of Justice AM:erttey Wer:k Predttet // Mtty Cetttaitt Mttterial
- Preteeted Uttder FeE:I. R. Criffi. P. 6(e) d. WikiLeaks's October 7, 2016
- Release of Stolen Podesta Emails On October 7 2016 four days after the Assange
- press conference , the Washington Post published an Access Hollywood video that
- captured comments by candidate Trump some years earlier and that was expected to
- adversely affect the Campaign.239 Less than an hour after the video's
- publication, WikiLeaks released the first set of emails stolen by the GRU from
- the account of Clinton Campaign chairman John Podesta. Harm to Ongoing Matter
- 111Harm to Ongoing Matter -Harm to Ongoing Matter Harm to Ongoing Matter
- 1111Harm to Ongoing Matter Corsi said that, because he had no direct means o
- communicating with WikiLeaks, he told members of the news site WNO-who were
- participating on a conference call with him that day-to reach Assange
- immediately.244 Corsi claimed that the pressure was 239 Candidate Trump can be
- heard off camera making graphic statements about women. 240 241 242 243 244 In a
- later November 2018 interview, Corsi stated Harm to Ongoing Matter that he
- believed Malloch was on the call but then focused on other individuals who were
- on the call-invitation, which Malloch was not. (Separate travel records show
- that at the time of the call, Malloch was aboard a transatlantic flight). Corsi
- at one point stated that after WikiLeaks 's release of stolen emails on October
- 7, 2016, he concluded Malloch had gotten in contact with Assange. Corsi 11/1/18
- 302, at 6. 58
- RESULT: 24
- PAGE: 66
- TEXT:
- U.S. Department of Justice Attet'He~? Werk Prnfitiet // Mft)? CemaiH Material
- Preteetee UHeer Fee. R. Criffl. P. 6(e) enormous and recalled telling the
- conference call the Access Hollywood tape was coming.245 Corsi stated that he
- was convinced that his efforts had caused WikiLeaks to release the emails when
- they did.246 In a later November 2018 interview, Corsi stated that he thought
- that he had told people on a WND conference call about the forthcoming tape and
- had sent out a tweet asking whether anyone could contact Assange, but then said
- that maybe he had done nothing.247 The Office investigated Corsi' s allegations
- about the events of October 7 little corroboration for his alle ations about the
- da .248 However, the phone records themselves do not indicate that the
- conversation was with any of the reporters who broke the Access Hollywood sto ,
- and the Office has not otherwise been able to identif the substance of the
- conversation. However, the Office has not identified any conference call
- participant, or anyone who spoke to Corsi that day, who says that they received
- non-public information about the tape from Corsi or acknowledged having
- contacted a member of WikiLeaks on October 7, 2016 after a conversation with
- Corsi. e. Donald Trump Jr. Interaction with WikiLeaks Donald Trump Jr. had
- direct electronic communications with WikiLeaks during the campaign period. On
- September 20, 2016, an individual named Jason Fishbein sent WikiLeaks the
- password for an unlaunched website focused on Trump's "unprecedented and
- dangerous" ties 245 During the same interview, Corsi also suggested that he may
- have sent out public tweets because he knew Assange was reading his tweets. Our
- Office was unable to find evidence of any such tweets. 246_ Corsi 9/21/18 302,
- at 6-7. 247 Corsi 11/1/18 302, at 6. Harm to Ongoing Matter ??Harm to Ongoing
- Matter Harm to Ongoing Matter 59
- RESULT: 25
- PAGE: 67
- TEXT:
- U.S. Department of Justice At:tarHey 'ille,rk Pratittet // Ma;? Ce,AtttiH
- Material Pre,teeteti UHtier Feti. R. Criffl. P. 6(e) to Russia,
- PutinTrump.org.252 WikiLeaks publicly tweeted: '"Let's bomb Iraq' Progress for
- America PAC to launch "PutinTrump.org' at 9:30am. Oops pw is 'putintrump'
- putintrump.org." Several hours later, WikiLeaks sent a Twitter direct message to
- Donald Trump Jr., "A PAC run anti-Trump site putintrump.org is about to launch.
- The PAC is a recycled pro-Iraq war PAC. We have guessed the password. It is
- 'putintrump.' See 'About' for who is behind it. Any comments ?"253 Several hours
- later, Trump Jr. emailed a variety of senior campaign staff: Guys I got a weird
- Twitter DM from wikileaks. See below. I tried the password and it works and the
- about section they reference contains the next pie in terms of who is behind it.
- Not sure if this is anything but it seems like it's really wikileaks asking me
- as I follow them and it is a DM. Do you know the people mentioned and what the
- conspiracy they are looking for could be? These are just screen shots but it's a
- fully built out page claiming to be a PAC let me know your thoughts and ifwe
- want to look into it.254 Trump Jr. attached a screenshot of the "About" page for
- the unlaunched site PutinTrump.org. The next day (after the website had launched
- publicly), Trump Jr. sent a direct message to WikiLeaks: "Off the record, l
- don't know who that is but I'll ask around. Thanks."255 On October 3, 2016,
- WikiLeaks sent another direct message to Trump Jr., asking "you guys" to help
- disseminate a link alleging candidate Clinton had advocated using a drone to
- target Julian Assange. Trump Jr. responded that he already "had done so," and
- asked, "what's behind this Wednesday leak I keep reading about?"256 WikiLeaks
- did not respond. On October 12, 2016, WikiLeaks wrote again that it was "great
- to see you and your dad talking about our publications. Strongly suggest your
- dad tweets this link if he mentions us wlsearch.tk."257 WikiLeaks wrote that the
- link would help Trump in "digging through" leaked emails and stated, "we just
- released Podesta emails Part 4."258 Two days later, Trump Jr. publicly tweeted
- the wlsearch.tk link.259 ' 252 9/20/16 Twitter DM~hbein to @WikiLeaks; see
- JF00587 (9/21/16 Messages, -@jabber.cryptoparty.is ~@jabber.cryptoparty.is);
- Fishbein 9/5/18 302, at 4. When interviewed by our Office, Fishbein produced
- what he claimed to be logs from a chatroom in which the participants discussed
- U.S. politics; one of the other participants had posted the website and password
- that Fishbein sent to WikiLeaks. 253 9/20/16 Twitter DM, @WikiLeaks to
- @DonaldJTrumpJr. 254 TRUMPORG _ 28 _ 000629-33 (9/21/16 Email, Trump Jr. to
- Conway et al. (subject "Wikileaks")). 255 9/21/16 Twitter DM, @DonaldJTrumpJr to
- @WikiLeaks. 256 10/3/16 Twitter DMs, @DonaldJTrumpJr & @WikiLeaks. 257 At the
- time, the link took users to a WikiLeaks archive of stolen Clinton Campaign
- documents. 258 10/12/16 Twitter DM, @WikiLeaks to @DonaldJTrumpJr. 259
- @DonaldJTrumpJr 10/14/16 (6:34 a.m.) Tweet. 60
- RESULT: 26
- PAGE: 71
- TEXT:
- U.S. Department of Justice AM:at't=tey Wark Pra<:ittet // Moy CaHtoiH Material
- Prnteete<:i Ul'l:<:ier Fee. R. Crifl'I:. P. 6(e) and Kellyanne Conway.280 The
- investigation established that Smith communicated with at least Flynn and Clovis
- about his search for the deleted Clinton emails,281 but the Office did not
- identify evidence that any of the listed individuals initiated or directed
- Smith's efforts. In September 2016, Smith and Ledeen got back in touch with each
- other about their respective efforts. Ledeen wrote to Smith, "wondering if you
- had some more detailed reports or memos or other data you could share because we
- have come a long way in our efforts since we last visited .... We would need as
- much technical discussion as possible so we could marry it against the new data
- we have found and then could share it back to you 'your eyes only.'"282 Ledeen
- claimed to have obtained a trove of emails (from what she described as the "dark
- web") that purpo1ted to be the deleted Clinton emails. Ledeen wanted to
- authenticate the emails and solicited contributions to fund that effort. Erik
- Prince provided funding to hire a tech advisor to ascertain the authenticity of
- the emails. According to Prince, the tech advisor determined that the emails
- were not authentic.283 A backup of Smith's computer contained two files that had
- been downloaded from WikiLeaks and that were originally attached to emails
- received by John Podesta. The files on Smith's computer had creation dates of
- October 2, 2016, which was prior to the date of their release by WikiLeaks.
- Forensic examination, however, established that the creation date did not
- reflect when the files were downloaded to Smith's computer. (It appears the
- creation date was when WikiLeaks staged the document for release, as discussed
- in Volume I, Section III.B.3.c, supra.284) The investigation did not otherwise
- identify evidence that Smith obtained the files before their release by
- WikiLeaks. Smith continued to send emails to an undisclosed recipient list about
- Clinton's deleted emails until shortly before the election. For example, on
- October 28, 2016, Smith wrote that there was a "tug-of-war going on within
- WikiLeaks over its planned releases in the next few days," and that WikiLeaks
- "has maintained that it will save its best revelations for last, under the
- theory this allows little time for response prior to the U.S. election November
- 8."285 An attachment to the 280 The same recruitment document listed Jerome
- Corsi under "Independent Groups/Organizations/Individuals," and described him as
- an "established author and writer from the right on President Obama and Sec.
- Clinton." 281 Flynn 11/29/17 302, at 7-8; 10/15/16 Email, Smith to Flynn et al.;
- 8/28/16 Email, Smith to Smith (bee: Clovis et al.). 282 9/16/16 Email, Ledeen to
- Smith. 283 Prince 4/4/18 302, at 4-5. 284 The forensic analysis of Smith's
- computer devices found that Smith used an older Apple operating system that
- would have preserved that October 2, 2016 creation date when it was downloaded
- (no matter what day it was in fact downloaded by Smith). See Volume I, Section
- 111.B.3.c, supra. The Office tested this theory in March 2019 by downloading the
- two files found on Smith's computer from WikiLeaks's site using the same Apple
- operating system on Smith's computer; both files were successfully downloaded
- and retained the October 2, 2016 creation date. See SM-2284941, serial 62. 285
- 10/28/16 Email, Smith to Smith. 64
- RESULT: 27
- PAGE: 72
- TEXT:
- U.S. Department of Justice Att6rHey W6rle: Pr6dttet // May C6HtaiH Material
- Pr6teeted Una er Fee. R. Crim. P. 6(e) email claimed that WikiLeaks would
- release "All 33k deleted Emails" by "November 1st." No emails obtained from
- Clinton's server were subsequently released. Smith drafted multiple emails
- stating or intimating that he was in contact with Russian hackers. For example,
- in one such email, Smith claimed that, in August 2016, KLS Research had
- organized meetings with parties who had access to the deleted Clinton emails,
- including parties with "ties and affiliations to Russia."286 The investigation
- did not identify evidence that any such meetings occurred. Associates and
- security experts who worked with Smith on the initiative did not believe that
- Smith was in contact with Russian hackers and were aware of no such
- connection.287 The investigation did not establish that Smith was in contact
- with Russian hackers or that Smith, Ledeen, or other individuals in touch with
- the Trump Campaign ultimately obtained the deleted Clinton emails. * * * In sum,
- the investigation established that the GRU hacked into email accounts of persons
- affiliated with the Clinton Campaign, as well as the computers of the DNC and
- DCCC. The GRU then exfiltrated data related to the 2016 election from these
- accounts and computers, and disseminated that data through fictitious online
- personas (DCLeaks and Guccifer 2.0) and later through WikiLeaks. The
- investigation also established that the Trum Cam ai n dis la ed interest in the
- WikiLeaks releases, and that explained in Volume I, Section V.B, infra, the
- evidence was sufficient to support intrusion and other char es a ainst GRU
- officers for their role in election-related hackin . 286 8/31/16 Email, Smith to
- Smith. 287 Safron 3/20/18 302, at 3; Szobocsan 3/29/18 302, at 6. 65
- RESULT: 28
- PAGE: 96
- TEXT:
- U.S. Department ofJustice AtteFHe~? Werk PF0eh:1et // Mtt)' CeHtttifl MateFial
- Preteetee Uneer Fee. R. CFil'l'l.. P. 6(e) meeting).463 During that meeting,
- Mifsud told Papadopoulos that he had met with high-level Russian government
- officials during his recent trip to Moscow. Mifsud also said that, on the trip,
- he learned that the Russians had obtained "dirt" on candidate Hillary Clinton.
- As Papadopoulos later stated to the FBI, Mifsud said that the "dirt" was in the
- form of "emails of Clinton," and that they "have thousands of emails."464 On May
- 6, 2016, 10 days after that meeting with Mifsud, Papadopoulos suggested to a
- representative of a foreign government that the Trump Campaign had received
- indications from the Russian government that it could assist the Campaign
- through the anonymous release of information that would be damaging to Hillary
- Clinton.465 e. Russia-Related Communications With The Campaign While he was
- discussing with his foreign contacts a potential meeting of campaign officials
- with Russian government officials, Papadopoulos kept campaign officials apprised
- of his efforts. On April 25, 2016, the day before Mifsud told Papadopoulos about
- the emails, Papadopoulos wrote to senior policy advisor Stephen Miller that
- "[t]he Russian government has an open invitation by Putin for Mr. Trump to meet
- him when he is ready," and that "[t]he advantage of being in London is that
- these governments tend to speak a bit more openly in 'neutral' cities."466 On
- April 27, 2016, after his meeting with Mifsud, Papadopoulos wrote a second
- message to Miller stating that "some interesting messages [were] coming in from
- Moscow about a trip when the time is right."467 The same day, Papadopoulos sent
- a similar email to campaign manager Corey Lewandowski, telling Lewandowski that
- Papadopoulos had "been receiving a lot of calls over the last month about Putin
- wanting to host [Trump] and the team when the time is right. "468 Papadopoulos'
- s Russia-related communications with Campaign officials continued throughout the
- spring and summer of 2016. On May 4, 2016, he forwarded to Lewandowski an email
- from Timofeev raising the possibility of a meeting in Moscow, asking Lewandowski
- whether that was "something we want to move forward with."469 The next day,
- Papadopoulos forwarded the same Timofeev email to Sam Clovis, adding to the top
- of the email "Russia update."470 He included the same email in a May 21, 2016
- message to senior Campaign official Paul Manafort, under the subject line
- "Request from Russia to meet Mr. Trump," stating that "Russia has been eager to
- meet Mr. Trump for quite sometime and have been reaching out to me 463
- Papadopoulos Statement of Offense 14; 4/25/16 Text Messages, Mifsud &
- Papadopoulos. 464 Papadopoulos Statement of Offense~ 14. 465 This information is
- contained in the FBI case-opening document and related materials.
- iHferfflatiat1. is lu 111 eHfareefflefl.t seHsitive (LES) sHs f!'lttst be
- trestes ueeersiHgly iH uHy e,cten1al sisseffliHstiatt. The foreign government
- conveyed this information to the U.S. government on July 26, 2016, a few days
- after WikiLeaks's release of Clinton-related emails. The FBI opened its
- investigation of potential coordination between Russia and the Trump Campaign a
- few days later based on the information. 466 4/25/16 Email, Papadopoulos to S.
- Miller (8: 12:44 p.m.). 467 4/27/16 Email, Papadopoulos to S. Miller (6:55:58
- p.m.). 468 4/27/16 Email, Papadopoulos to Lewandowski (7:15:14 p.m.). 469 5/4/16
- Email, Papadopoulos to Lewandowski (8:14:49 a.m.). 470 5/5/16 Email,
- Papadopoulos to Clovis (7:15:21 p.m.). 89
- RESULT: 29
- PAGE: 183
- TEXT:
- U.S. Department of Justice Atterfte)' Werk Predt1et ,',' Ma:>? Cefltaifl
- Material Preteeted Uflder Fed. R. Criffl. P. 6(e) the releases, the defendants
- used the Guccifer 2.0 persona to disseminate documents through WikiLeaks. On
- July 22, 2016, WikiLeaks released over 20,000 emails and other documents that
- the hacking conspirators had stolen from the DNC. Netyksho Indictment ,i 48. In
- addition, on October 7, 2016, WikiLeaks began releasing emails that some
- conspirators had stolen from Clinton Campaign chairman John Podesta after a
- successful spearphishing operation. Netyksho Indictment ,i 49. Harm to Ongoing
- Matter Harm to Ongoing Matter b. Charging Decision As to Harm to Ongoing Matter
- Harm to Ongoing Matter -Harm to Ongoing Matter 1278 The Office also considered,
- but ruled out, charges on the theory that the post-hacking sharing and
- dissemination of emails could constitute trafficking in or receipt of stolen
- property under the National Stolen Property Act (NSPA), 18 U.S.C. ?? 2314 and
- 2315. The statutes comprising the NSPA cover "goods, wares, or merchandise," and
- lower coutts have largely understood that phrase to be limited to tangible items
- since the Supreme Court's decision in Dowling v. United States, 473 U.S. 207
- (1985). See United States v. Yijia Zhang, 995 F. Supp. 2d 340, 344-48 (E.D. Pa.
- 2014) (collecting cases). One of those post-Dowling decisions-United States v.
- Brown, 925 F.2d 1301 (10th Cir. 1991)-specifically held that the NSPA does not
- reach "a computer program in source code form," even though that code was stored
- in tangible items (i.e., a hard disk and in a three-ring notebook). Id. at
- 1302-03. Congress, in turn, cited the Brown opinion in explaining the need for
- amendments to 18 U.S.C. ? 1030(a)(2) that "would ensure that the theft of
- intangible information by the unauthorized use of a computer is prohibited in
- the same way theft of physical items [is] protected." S. Rep. 104-357, at 7
- (1996). That sequence of events would make it difficult to argue that hacked
- emails in electronic form, which are the relevant stolen items here, constitute
- "goods, wares, or merchandise" within the meaning of the NSPA. 176
- RESULT: 30
- PAGE: 208
- TEXT:
- U.S. Department of Justice At:1:6me,? W6rk Pr6tlttet // Ma,? C6Htaifl Material
- Pr6teetetl UHtler Fetl. R. Crim. P. 6(e) TABLE OF CONTENTS -VOLUME II
- INTRODUCTION TO VOLUME IT ......................................................
- ................................................... 1 EXECUTIVE SUMMARY TO
- VOLUME TI ......................................................................
- ....................... 3 I. BACKGROUND LEGAL AND EVIDENTIARY PRINCIPLES
- ................................................................ 9 A. Legal
- Framework of Obstruction_ of Justice
- ................................................................... 9 B.
- Investigative and Evidentiary Considerations
- .............................................................. 12 II. FACTUAL
- RES UL TS OF THE OBSTRUCTION INVESTIGATION
- ...................................................... 15 A. The Campaign's
- Response to Reports About Russian Support for Trump ................. 15 1.
- Press Reports Allege Links Between the Trump Campaign and Russia ..............
- 16 2. The Trump Campaign Reacts to WikiLeaks's Release of Hacked Emails
- ........... 17 3. The Trump Campaign Reacts to Allegations That Russia was
- Seeking to Aid Candidate Trump .................................................
- .......................................... 18 4. After the Election, Trump
- Continues to Deny Any Contacts or Connections with Russia or That Russia Aided
- his Election ................................ 21 B. The President's Conduct
- Concerning the Investigation of Michael Flynn .................. 24 1. Incoming
- National Security Advisor Flynn Discusses Sanctions on Russia with Russian
- Ambassador Sergey Kislyak
- ........................................................... 24 2. President-
- Elect Trump is Briefed on the Intelligence Community's Assessment of Russian
- Interference in the Election and Congress Opens Election-Interference
- Investigations
- ..................................................................... 27 3.
- Flynn Makes False Statements About his Communications with Kislyak to Incoming
- Administration Officials, the Media, and the FBI
- ................................ 29 4. DOJ Officials Notify the White House of
- Their Concerns About Flynn ............. 31 5. McGahn has a Follow-Up Meeting
- About Flynn with Yates; President Trump has Dinner with FBI Director Corney
- ....................................................... 32 6. Flynn's
- Resignation ....................................................................
- .......................... 36 7. The President Discusses Flynn with FBI Director
- Corney ................................... 38 8. The Media Raises Questions
- About the President's Delay in Terminating Flynn ...............................
- ................................................................................
- ...... 41 9. The President Attempts to Have K.T. McFarland Create a Witness
- Statement Denying that he Directed Flynn's Discussions with Kislyak
- .............. 42 C. The President's Reaction to Public Confirmation of the
- FBl's Russia Investigation .....................................................
- ............................................................ 48 I. Attorney
- General Sessions Recuses From the Russia Investigation ..................... 48
- RESULT: 31
- PAGE: 214
- TEXT:
- U.S. Department of Justice Attef'Ae:,? WElf'k Pt1Eltittet // Moy CElAtoiA
- Motet1iol Pt1eteeteti UAtier Feti. R. Ct1im. P. 6(e) EXECUTIVE SUMMARY TO VOLUME
- II Our obstruction-of-justice inquiry focused on a series of actions by the
- President that related to the Russian-interference investigations, including the
- President's conduct towards the law enforcement officials overseeing the
- investigations and the witnesses to relevant events. FACTUAL RESULTS OF THE
- OBSTRUCTION INVESTIGATION The key issues and events we examined include the
- following: The Campaign's response to reports about Russian support for Trump.
- During the 2016 presidential campaign, questions arose about the Russian
- government's apparent support for candidate Trump. After WikiLeaks released
- politically damaging Democratic Party emails that were reported to have been
- hacked by Russia, Trump publicly expressed skepticism that Russia was
- responsible for the hacks at the same time that he and other Campaign officials
- privately sought information about any further planned WikiLeaks releases. Trump
- also denied having any business in or connections to Russia, even though as late
- as June 2016 the Trump Organization had been pursuing a licensing deal for a
- skyscraper to be built in Russia called Trump Tower Moscow. After the election,
- the President expressed concerns to advisors that reports of Russia's election
- interference might lead the public to question the legitimacy of his election.
- Conduct involving FBI Director Comey and Michael Flynn. In mid-January 2017,
- incoming National Security Advisor Michael Flynn falsely denied to the Vice
- President, other administration officials, and FBI agents that he had talked to
- Russian Ambassador Sergey Kislyak about Russia's response to U.S. sanctions on
- Russia for its election interference. On January 27, the day after the President
- was told that Flynn had lied to the Vice President and had made similar
- statements to the FBI, the President invited FBI Director Corney to a private
- dinner at the White House and told Corney that he needed loyalty. On February
- 14, the day after the President requested Flynn's resignation, the President
- told an outside advisor, "Now that we fired Flynn, the Russia thing is over."
- The advisor disagreed and said the investigations would continue. Later that
- afternoon, the President cleared the Oval Office to have a one-on-one meeting
- with Corney. Referring to the FBI's investigation of Flynn, the President said,
- "I hope you can see your way clear to letting this go, to letting Flynn go. He
- is a good guy. T hope you can let this go." Shortly after requesting Flynn's
- resignation and speaking privately to Corney, the President sought to have
- Deputy National Security Advisor K.T. McFarland draft an internal letter stating
- that the President had not directed Flynn to discuss sanctions with Kislyak.
- McFarland declined because she did not know whether that was true, and a White
- House Counsel's Office attorney thought that the request would look like a quid
- pro quo for an ambassadorship she had been offered. The President's reaction to
- the continuing Russia investigation. Tn February 2017, Attorney General Jeff
- Sessions began to assess whether he had to recuse himself from related
- investigations because of his role in the Trump Campaign. Tn early March, the
- President told White House Counsel Donald McGahn to stop Sessions from recusing.
- And after Sessions announced his recusal on March 2, the President expressed
- anger at the decision and told advisors that he should have an Attorney General
- who would protect him. That weekend, the President took Sessions aside at an
- event and urged him to "unrecuse." Later in March, Corney publicly 3
- RESULT: 32
- PAGE: 226
- TEXT:
- U.S. Department of Justice AUerney Werk Pwdttet ,',' M!t)1 Centain Material
- Preteet:ecl Under Fed. R. Crim. P. 6(e) II. FACTUAL RESULTS OF THE OBSTRUCTION
- INVESTIGATION This section of the report details the evidence we obtained. We
- first provide an overview of how Russia became an issue in the 2016 presidential
- campaign, and how candidate Trump responded. We then tum to the key events that
- we investigated: the President's conduct concerning the FBI investigation of
- Michael Flynn; the President's reaction to public confirmation of the FBI's
- Russia investigation; events leading up to and surrounding the termination of
- FBI Director Corney; efforts to terminate the Special Counsel; efforts to
- curtail the scope of the Special Counsel's investigation; efforts to prevent
- disclosure of information about the June 9, 2016 Trump Tower meeting between
- Russians and senior campaign officials; efforts to have the Attorney General
- unrecuse; and conduct towards McGahn, Cohen, and other witnesses. We summarize
- the evidence we found and then analyze it by reference to the three statutory
- obstruction-of-justice elements: obstructive act, nexus to a proceeding, and
- intent. We focus on elements because, by regulation, the Special Counsel has
- "jurisdiction ... to investigate ... federal crimes committed in the course of,
- and with intent to interfere with, the Special Counsel's investigation, such as
- perjury, obstruction of justice, destruction of evidence, and intimidation of
- witnesses." 28 C.F.R. ? 600.4(a). Consistent with our jurisdiction to
- investigate federal obstruction crimes, we gathered evidence that is relevant to
- the elements of those crimes and analyzed them within an elements framework-
- while refraining from reaching ultimate conclusions about whether crimes were
- committed, for the reasons explained above. This section also does not address
- legal and constitutional defenses raised by counsel for the President; those
- defenses are analyzed in Volume II, Section III, iefra. A. The Campaign's
- Response to Reports About Russian Support for Trump During the 2016 campaign,
- the media raised questions about a possible connection between the Trump
- Campaign and Russia.7 The questions intensified after WikiLeaks released
- politically damaging Democratic Party emails that were reported to have been
- hacked by Russia. Trump responded to questions about possible connections to
- Russia by denying any business involvement in Russia-even though the Trump
- Organization had pursued a business project in Russia as late as June 2016.
- Trump also expressed skepticism that Russia had hacked the emails at the same
- time as he and other Campaign advisors privately sought information about any
- further planned WikiLeaks releases. After the election, when questions persisted
- about possible links between Russia and the Trump Campaign, the President-Elect
- continued to deny any connections to Russia and privately expressed concerns
- that reports of Russian election interference might lead the public to question
- the legitimacy of his election.8 7 This section summarizes and cites various
- news stories not for the truth of the information contained in the stories, but
- rather to place candidate Trump's response to those stories in context. Volume I
- of this report analyzes the underlying facts of several relevant events that
- were reported on by the media during the campaign. 8 As discussed in Volume I,
- while the investigation identified numerous links between individuals with ties
- to the Russian government and individuals associated with the Trump Campaign,
- the evidence was not sufficient to charge that any member of the Trump Campaign
- conspired or coordinated with representatives ofthe Russian government to
- interfere in the 2016 election. 15
- RESULT: 33
- PAGE: 228
- TEXT:
- U.S. Department of Justice Atterfle~? Werle Predttet // Muy Cefltttifl
- Mttterittl Preteeted Uf!eer Fee. R. Griff!. P. 6(e) National Convention about
- the Trump Campaign's involvement in changing the Republican platform's stance on
- giving "weapons to Ukraine to fight Russian and rebel forces."18 2. The Trump
- Campaign Reacts to WikiLeaks's Release of Hacked Emails On June 14, 2016, a
- cybersecurity firm that had conducted in-house analysis for the Democratic
- National Committee (DNC) posted an announcement that Russian government hackers
- had infiltrated the DNC's computer and obtained access to documents.19 On July
- 22, 2016, the day before the Democratic National Convention, WikiLeaks posted
- thousands of hacked DNC documents revealing sensitive internal deliberations.20
- Soon thereafter, Hillary Clinton's campaign manager publicly contended that
- Russia had hacked the DNC emails and arranged their release in order to help
- candidate Trump.21 On July 26, 2016, the New York Times reported that U.S.
- "intelligence agencies ha[d] told the White House they now have 'high
- confidence' that the Russian government was behind the theft of emails and
- documents from the Democratic National Committee.',22 Within the Trum Cam ai n,
- aides reacted with enthusiasm to reports of the hacks.23 discussed with Campaign
- officials that WikiLeaks would release the hacked material. Some witnesses said
- that Trump himself discussed the possibility of upcoming releases~. Michael
- Cohen, then-executive vice resident of the Trum Or anization and s ecial counsel
- to Trum , recalled hearin Cohen recalled that Trump responded, "oh good,
- alright," 18 Josh Rogin, Trump campaign guts GOP 's anti-Russia stance on
- Ukraine, Washington Post, Opinions (July 18, 2016). The Republican Platform
- events are described in Volume I, Section IV.A.6, supra. 19 Bears in the Midst:
- Intrusion into the Democratic National Committee, CrowdStrike (June 15, 2016)
- (post originally appearing on June 14, 2016, according to records of the timing
- provided by CrowdStrike); Ellen Nakashima, Russian government hackers penetrated
- DNC, stole opposition research on Trump, Washington Post (June 14, 2016). 20 Tom
- Hamburger and Karen Tumulty, WikiLeaks releases thousands of documents about
- Clinton and internal deliberations, Washington Post (July 22, 2016). 21 Amber
- Phillips, Clinton campaign manager: Russians leaked Democrats' emails to help
- Donald Trump, Washington Post (July 24, 2016). 22 David E. Sanger and Eric
- Schmitt, Spy Agency Consensus Grows That Russia Hacked D.N.C., New York Times
- (July 26, 2016). 23 Gates 4/10/18 302, at 5; Newman 8/23/18 302, at I. 24 Gates
- 4/11/18 302, at 2-3 (SM-2180998); Gates 10/25/18 302, at 2; see also Volume I,
- Section III.D. l, supra. 25 Cohen 8/7/18 302, at 8; see also Volume I, Section
- III.D. l, supra. According to Cohen, after WikiLeak~tolen DNC emails on July 22,
- 2016, Trump said to Cohen words to the effect of,~ Cohen 9/18/18 302, at 10.
- Cohen's role in the candidate's and later 17
- RESULT: 34
- PAGE: 229
- TEXT:
- U.S. Department of Justice Attef'Re~? Wef'k Pl'etittet // May CeRtaiR Material
- Preteetetl UReef" Fee. R. Crim. P. 6(e) and Harm to Ongoing Matter 26 oke to
- Trump~;;;;~;~;~;;~;.,;~; ; Manafort recalled that Trump responded that Manafort
- should keep Trump u~ty campaign manager Rick Gates said that Man~ssure about
- -information and that Manafort instructed Gates~ status updates on u com in
- releases.28 Around the same time Gates was with Trump on a trip to an airport ,
- and shortly after the call ended, Trum2 told Gates that more releases of
- damaging information would be coming.29 i:?jih??l?Uf?MhflrlfDiM -were discussed
- within the Campaign,3? and in the summer of 2016, the Campaign was planning a
- communications strategy based on the possible release of Clinton emails by
- WikiLeaks.31 3. The Trump Campaign Reacts to Allegations That Russia was Seeking
- to Aid Candidate Trump In the days that followed WikiLeaks's July 22, 2016
- release of hacked DNC emails, the Trump Campaign publicly rejected suggestions
- that Russia was seeking to aid candidate Trump. On July 26, 2016, Trump tweeted
- that it was "[c]razy" to suggest that Russia was "dealing with Trump"32 and that
- "[f]or the record," he had "ZERO investments in Russia."33 In a press conference
- the next day, July 27, 2016, Trump characterized "this whole thing with Russia"
- as "a total deflection" and stated that it was "farfetched" and "ridiculous."34
- Trump said that the assertion that Russia had hacked the emails was unproven,
- but stated that it would give him "no pause" if Russia had Clinton's emails.35
- Trump added, "Russia, if you're listening, I hope you're able to find the 30,000
- emails that are missing. I think you will probably be rewarded President's
- activities, and his own criminal conduct, is descriped in Volume II, Section
- ILK, infra, and in Volume I, Section IV.A. I, supra. 26 Cohen 8/7/18 302, at 8.
- 27 . As explained in footnote 197 of Volume I, Section III.D. l.b, supra, this
- Office has included Manafort's account of these events because it aligns with
- those of other witnesses and is corroborated to that extent. 28 Gates l 0/25/18
- 302, at 4. 29 Gates I 0/25/ 18 302, at 4. 30 Bannon 1/18/ l 9 3 02, at 3.
- 31Gates4/11/18302, at 1-2 (SM-2180998); Gates 10/25/18302, at2(messa~ formed in
- June/Jul timeframe based on claims b Assan eon June 12, 2016, ----. ).
- 32@rea!DonaldTrump 7/26/16 (6:47 p.m. ET) Tweet. 33 @realDonaldTrump 7/26/16
- (6:50 p.m. ET) Tweet. 34 Donald Trump News Conference, Doral, Florida, C-S PAN
- (July 27, 2016). 35 Donald Trump News Conference, Doral, Florida, C-SPAN (July
- 27, 2016). 18
- RESULT: 35
- PAGE: 231
- TEXT:
- U.S. Department of Justice AttorHey Work Protittet // Ma,.? CotttaiH Material
- Proteeteti UHaer Fee. R. Griff!. P. 6(e) advisors had developed a "party line"
- that Trump had no business with Russia and no connections to Russia.45 In
- addition to denying any connections with Russia, the Trump Campaign reacted to
- reports of Russian election interference in aid of the Campaign by seeking to
- distance itself from Russian contacts. For example, in August 2016, foreign
- policy advisor J.D. Gordon declined an invitation to Russian Ambassador Sergey
- Kislyak's residence because the timing was "not optimal" in view of media
- reports about Russian interference.46 On August 19, 2016, Manafort was asked to
- resign amid media coverage scrutinizing his ties to a pro-Russian political
- party in Ukraine and links to Russian business.47 And when the media published
- stories about Page's connections to Russia in September 2016, Trump Campaign
- officials terminated Page's association with the Campaign and told the press
- that he had played "no role" in the Campaign.48 On October 7, 2016, WikiLeaks
- released the first set of emails stolen by a Russian intelligence agency from
- Clinton Campaign chairman John Podesta.49 The same day, the federal government
- announced that "the Russian Government directed the recent compromises of
- e-mails from US persons and institutions, including from US political
- organizations."50 The government statement directly linked Russian hacking to
- the releases on WikiLeaks, with the goal of interfering with the presidential
- election, and concluded "that only Russia's senior-most officials could have
- authorized these activities" based on their "scope and sensitivity."51 On
- October 11, 2016, Podesta stated publicly that the FBI was investigating
- Russia's hacking and said that candidate Trump might have known in advance that
- the hacked emails were going to be released.52 Vice Presidential Candidate Mike
- Pence was asked whether the Trump 45 Cohen 11/20/18 302, at I; Cohen 9/18/18
- 302, at 3-5. The formation of the "party line" is described in greater detail in
- Volume II, Section Il.K, infra. 46 DJTFP00004953 (8/8/16 Email, Gordon to
- Pchelyakov) (stating that "[t]hese days are not optimal for us, as we are busily
- knocking down a stream of false media stories"). The invitation and Gordon's
- response are discussed in Volume I, Section IV.A.7.a, supra. 47 See, e.g., Amber
- Phillips, Paul Manafort's complicated ties to Ukraine, explained, Washington
- Post (Aug. 19, 2016) ("There were also a wave of fresh headlines dealing with
- investigations into [Manafort's] ties to a pro-Russian political party in
- Ukraine."); Tom Winter & Ken Dilanian, Donald Trump Aide Paul Manafort
- Scrutinized for Russian Business Ties, NBC (Aug. 18, 2016). Relevant events
- involving Manafort are discussed in Volume 1, Section IV.A.8, supra. 48 Michael
- Isikoff, U.S. intel officials probe ties between Trump adviser and Kremlin,
- Yahoo News (Sep. 23, 2016); see, e.g., 9/25/16 Email, Hicks to Conway & Bannon;
- 9/23/16 Email, J. Miller to Bannon & S. Miller; Page 3/16/17 302, at 2. 49
- @WikiLeaks 10/7/16 (4:32 p.m. ET) Tweet. 50 Joint Statement from the Department
- Of Homeland Security and Office of the Director of National Intelligence on
- Election Security, DHS (Oct. 7, 2016). 51 Joint Statement from the Department Of
- Homeland Security and Office of the Director of National Intelligence on
- Election Security, DHS (Oct. 7, 2016). 52 John Wagner & Anne Gearan, Clinton
- campaign chairman ties email hack to Russians, suggests Trump had early warning,
- Washington Post (Oct. 11, 2016). 20
- RESULT: 36
- PAGE: 232
- TEXT:
- U.S. Department of Justice Atteffl:e)' Werk Predttet // Ma:)? Cefl:ta:ifl:
- Ma:teria:l Preteeted Ufl:der Fed. R. Crim. P. 6(e) Campaign was "in cahoots"
- with WikiLeaks in releasing damaging Clinton-related information and responded,
- "Nothing could be further from the truth."53 4. After the Election, Trump
- Continues to Deny Any Contacts or Connections with Russia or That Russia Aided
- his Election On November 8, 2016, Trump was elected President. Two days later,
- Russian officials told the press that the Russian government had maintained
- contacts with Trump's "immediate entourage" during the campaign.54 In response,
- Hope Hicks, who had been the Trump Campaign spokesperson, said, "We are not
- aware of any campaign representatives that were in touch with any foreign
- entities before yesterday, when Mr. Trump spoke with many world leaders."55
- Hicks gave an additional statement denying any contacts between the Campaign and
- Russia: "It never happened. There was no communication between the campaign and
- any foreign entity during the campaign."56 On December 10, 2016, the press
- reported that U.S. intelligence agencies had "concluded that Russia interfered
- in last month's presidential election to boost Donald Trump's bid for the White
- House."57 Reacting to the story the next day, President-Elect Trump stated, "I
- think it's ridiculous. I think it's just another excuse."58 He continued that no
- one really knew who was responsible for the hacking, suggesting that the
- intelligence community had "no idea if it's Russia or China or somebody. It
- could be somebody sitting in a bed some place."59 The President-Elect 53 Louis
- Nelson, Pence denies Trump camp in cahoots with WikiLeaks, Politico (Oct. 14,
- 2016). 54 Ivan Nechepurenko, Russian Officials Were in Contact With Trump
- Allies, Diplomat Says, New York Times (Nov. 10, 2016) (quoting Russian Deputy
- Foreign Minister Sergey Ryabkov saying, "[t]here were contacts" and "[ cannot
- say that all, but a number of them maintained contacts with Russian
- representatives"); Jim Heintz & Matthew Lee, Russia eyes better ties with Trump;
- says contacts underway, Associated Press (Nov. 11, 2016) (quoting Ryabkov
- saying, "I don't say that all of them, but a whole array of them supported
- contacts with Russian representatives"). 55 Ivan Nechepurenko, Russian Officials
- Were in Contact With Trump Allies, Diplomat Says, New York Times (Nov. 11, 2016)
- (quoting Hicks). 56 Jim Heintz & Matthew Lee, Russia eyes better ties with
- Trump; says contacts underway, Associated Press (Nov. I 0, 2016) (quoting
- Hicks). Hicks recalled that after she made that statement, she spoke with
- Campaign advisors Kellyanne Conway, Stephen Miller, Jason Miller, and probably
- Kushner and Bannon to ensure it was accurate, and there was no hesitation or
- pushback from any of them. Hicks 12/8/17 302, at 4. 57 Damien Gayle, CIA
- concludes Russia interfered to help Trump win election, say reports, Guardian
- (Dec. 10, 2016). 58 Chris Wallace Hosts "Fox News Sunday," Interview with
- President-Elect Donald Trump, CQ Newsmaker Transcripts (Dec. 11, 2016). 59 Chris
- Wallace Hosts "Fox News Sunday," Interview with President-Elect Donald Trump, CQ
- Newsmaker Transcripts (Dec. 11, 2016). 21
- RESULT: 37
- PAGE: 253
- TEXT:
- U.S. Department of Justice AttorRey Werk Pretiuet // May CoRtaifl Material
- Preteeteti URtier Feti. R. Crim. P. 6(e) a press conference and said that he
- removed Flynn because Flynn "didn't tell the Vice President of the United States
- the facts, and then he didn't remember. And that just wasn't acceptable to
- me."247 The President said he did not direct Flynn to discuss sanctions with
- Kislyak, but "it certainly would have been okay with me if he did. I would have
- directed him to do it if I thought he wasn't doing it. I didn't direct him, but
- I would have directed him because that's his job."248 In listing the reasons for
- terminating Flynn, the President did not say that Flynn had lied to him.249 The
- President also denied having any connection to Russia, stating, "I have nothing
- to do with Russia. I told you, I have no deals there. I have no anything."250
- The President also said he "had nothing to do with" WikiLeaks's publication of
- information hacked from the Clinton campaign.251 9. The President Attempts to
- Have K.T. McFarland Create a Witness Statement Denying that he Directed Flynn's
- Discussions with Kislyak On February 22, 2017, Priebus and Bannon told McFarland
- that the President wanted her to resign as Deputy National Security Advisor, but
- they suggested to her that the Administration could make her the ambassador to
- Singapore.252 The next day, the President asked Priebus to have McFarland draft
- an internal email that would confirm that the President did not direct Flynn to
- call the Russian Ambassador about sanctions.253 Priebus said he told the
- President he would only direct McFarland to write such a letter if she were
- comfortable with it.254 Priebus called McFarland into his office to convey the
- President's request that she memorialize in writing that the President did not
- direct Flynn to talk to Kislyak.255 McFarland told Priebus she did not know
- whether the President had directed Flynn to talk to Kislyak about sanctions, and
- she declined to say yes or no 247 Remarks by President Trump in Press
- Conference, White House (Feb. 16, 2017). 248 Remarks by President Trump in Press
- Conference, White House (Feb. 16, 2017). The President also said that Flynn's
- conduct "wasn't wrong -what he did in terms of the information he saw." The
- President said that Flynn was just "doing the job," and "if anything, he did
- something right." 249 Remarks by President Trump in Press Conference, White
- House (Feb. 16, 2017); Priebus 1/18/18 302, at 9. 250 Remarks by President Trump
- in Press Conference, White House (Feb. 16, 2017). 251 Remarks by President Trump
- in Press Conference, White House (Feb. 16, 2017). 252 KTMF _ 00000047 (McFarland
- 2/26/17 Memorandum for the Record); McFarland 12/22/17 302, at 16-17. 253 See
- Priebus 1/18/18 302, at 11; see also KTMF _00000048 (McFarland 2/26/17
- Memorandum for the Record); McFarland 12/22/17 302, at 17. 254 Priebus 1 I I 8/
- 18 302, at 1 1. 255 KTMF _ 00000048 (McFarland 2/26/ 17 Memorandum for the
- Record); McFarland 12/22/17 302, at 17. 42
- RESULT: 38
- PAGE: 288
- TEXT:
- U.S. Department of Justice Attorae:,? Work Proattet // May Coataia Mtt1:erial
- Proteetee Uaaer Fee. R. Crira. P. 6(e) was pursuing the proposed Trump Tower
- Moscow project through June 2016 and candidate Trump was repeatedly briefed on
- the ro ress of those efforts.498 In addition, some witnesses said that ~s aware
- that ? ? . --at a time when public reports stated that Russian intelligence
- officials were behind the hacks, and that Trump privately sought information
- about future WikiLeaks releases.499 More broadly, multiple witnesses described
- the President's preoccupation with press coverage of the Russia investigation
- and his persistent concern that it raised questions about the legitimacy of his
- election.500 Finally, the President and White House aides initially advanced a
- pretextual reason to the press and the public for Corney's termination. In the
- immediate aftermath of the firing, the President dictated a press statement
- suggesting that he had acted based on the DOJ recommendations, and White House
- press officials repeated that story. But the President had decided to fire
- Corney before the White House solicited those recommendations. Although the
- President ultimately acknowledged that he was going to fire Corney regardless of
- the Department of Justice's recommendations, he did so only after DOJ officials
- made clear to him that they would resist the White House's suggestion that they
- had prompted the process that led to Corney's termination. The initial reliance
- on a pretextual justification could support an inference that the President had
- concerns about providing the real reason for the firing, although the evidence
- does not resolve whether those concerns were personal, political, or both. E.
- The President's Efforts to Remove the Special Counsel Overview The Acting
- Attorney General appointed a Special Counsel on May 17, 2017, prompting the
- President to state that it was the end of his presidency and that Attorney
- General Sessions had failed to protect him and should resign. Sessions submitted
- his resignation, which the President ultimately did not accept. The President
- told senior advisors that the Special Counsel had conflicts of interest, but
- they responded that those claims were "ridiculous" and posed no obstacle to the
- Special Counsel's service. Department of Justice ethics officials similarly
- cleared the Special Counsel's service. On June 14, 2017, the press reported that
- the President was being personally investigated for obstruction of justice and
- the President responded with a series of tweets 498 See Volume II, Section II.K.
- l, infra. 499 See Volume l, Section ITLD.1, supra. 500 In addition to whether
- the President had a motive related to Russia-related matters that an FBI
- investigation could uncover, we considered whether the President's intent in
- firing Corney was connected to other conduct that could come to light as a
- result of the FBT's Russian-interference investigation. In paiticular, Michael
- Cohen was a potential subject of investigation because of his pursuit of the
- Trump Tower Moscow project and involvement in other activities. And facts
- uncovered in the Russia investigation, which our Office referred to the U.S.
- Attorney's Office for the Southern District of New York, ultimately led to the
- conviction of Cohen in the Southern District ofNew York for campaign-finance
- offenses related to payments he said he made at the direction of the President.
- See Volume II, Section II.K.5, infra. The investigation, however, did not
- establish that when the President fired Corney, he was considering the
- possibility that the FBI's investigation would uncover these payments or that
- the President's intent in firing Corney was otherwise connected to a concern
- about these matters coming to light. 77
- RESULT: 39
- PAGE: 339
- TEXT:
- U.S. Department of Justice Atterttey Werk Pl'ea1:1et // May CentaiH Material
- Preteetea Uttaer Fee. R. Crim. P. 6(e) Manafort."887 In an interview on November
- 28, 2018, the President suggested that it was "very brave" that Manafort did not
- "flip": 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.888 Manafort, Corsi . It's actually very brave.889 Tn
- 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?"890 3. Harm to Ongoing Matter Harm to Ongoing Matter Harm
- to Ongoing Matter :?? Harm to Ongoing Matter aHarm to Ongoing Matter IIIHarm to
- Ongoing Matter 887 Stephen Collinson, Trump appears consumed by Mueller
- investigation as details emerge, CNN (Nov. 29, 2018). 888 "Corsi" is a reference
- to Jerome Corsi, 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
- fro~'s Office because he was "not going to sign a lie." Sara Murray & Eli
- Watkins,~ says he won't agree to plea deal, CNN (Nov. 26, 2018). 889 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 ofDems is viciously telling
- witnesses to lie about facts & they will get relief. This is our Joseph McCarthy
- Era!" @rea!DonaldTrump 11/28/18 (8:39 a.m. ET) Tweet. 890 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).
- Harm to Ongoing Matter Harm to Ongoing Matter Harm to Ongoing Matter Harm to
- Ongoing Matter 128
- RESULT: 40
- PAGE: 368
- TEXT:
- U.S. Department of Justice Atter11ey Werk Preettet // May Cetttaitt Material
- Preteetee U11eer Fee. R. Cril'H. P. 6(e) Second, many obstruction cases involve
- the attempted or actual cover-up of an underlying crime. Personal criminal
- conduct can furnish strong evidence that the individual had an improper
- obstructive purpose, see, e.g., United States v. Willoughby, 860 F.2d 15, 24 (2d
- Cir. 1988), or that he contemplated an effect on an official proceeding, see,
- e.g., United States v. Binday, 804 F.3d 558, 591 (2d Cir. 2015). But proof of
- such a crime is not an element of an obstruction offense. See United States v.
- Greer, 872 F.3d 790, 798 (6th Cir. 2017) (stating, in applying the obstruction
- sentencing guideline, that "obstruction of a criminal investigation is
- punishable even if the prosecution is ultimately unsuccessful or even if the
- investigation ultimately reveals no underlying crime"). Obstruction of justice
- can be motivated by a desire to protect non-criminal personal interests, to
- protect against investigations where underlying criminal liability falls into a
- gray area, or to avoid personal embarrassment. The injury to the integrity of
- the justice system is the same regardless of whether a person committed an
- underlying wrong. In this investigation, the evidence does not establish that
- the President was involved in an underlying crime related to Russian election
- interference. But the evidence does point to a range of other possible personal
- motives animating the President's conduct. These include concerns that continued
- investigation would call into question the legitimacy of his election and
- potential uncertainty about whether certain events-such as advance notice of
- WikiLeaks's release of hacked information or the June 9, 2016 meeting between
- senior campaign officials and could be seen as criminal activity by the
- President, his campaign, or his family. Third, many of the President's acts
- directed at witnesses, including discouragement of cooperation with the
- government and suggestions of possible future pardons, occurred in public view.
- While it may be more difficult to establish that public-facing acts were
- motivated by a corrupt intent, the President's power to influence actions,
- persons, and events is enhanced by his unique ability to attract attention
- through use of mass communications. And no principle of law excludes public acts
- from the scope of obstruction statutes. If the likely effect of the acts is to
- intimidate witnesses or alter their testimony, the justice system's integrity is
- equally threatened. 2. Although the events we investigated involved discrete
- acts-e.g., the President's statement to Corney about the Flynn investigation,
- his termination of Corney, and his efforts to remove the Special Counsel-it is
- important to view the President's pattern of conduct as a whole. That pattern
- sheds light on the nature of the President's acts and the inferences that can be
- drawn about his intent. a. Our investigation found multiple acts by the
- President that were capable of exetting undue influence over law enforcement
- investigations, including the Russian-interference and obstruction
- investigations. The incidents were often carried out through one-on-one meetings
- in which the President sought to use his official power outside of usual
- channels. These actions ranged from efforts to remove the Special Counsel and to
- reverse the effect of the Attorney General's recusal; to the attempted use of
- official power to limit the scope of the investigation; to direct and indirect
- contacts with witnesses with the potential to influence their testimony. Viewing
- the acts collectively can help to illuminate their significance. For example,
- the President's direction to McGahn to have the Special Counsel removed was
- followed almost immediately by his direction to Lewandowski to tell the Attorney
- General to limit the scope of the Russia investigation to prospective election-
- interference only-a temporal connection that suggests that both acts were taken
- with a related purpose with respect to the investigation. 157
- RESULT: 41
- PAGE: 400
- TEXT:
- U.S. Department of Justice At:t:orflc)' Work Proauet II Ma)' CoHtaifl Material
- Protcetca UHElcr Fea. R. Crim. P. 6(c) APPENDIX B: GLOSSARY The following
- glossary contains names and brief descriptions of individuals and entities
- referenced in the two volumes of this report. It is not intended to be
- comprehensive and is intended only to assist a reader in the reading the rest of
- the report. Agalarov, Aras Agalarov, Emin Akhmetov, Rinat Akhmetshin, Rinat
- Aslanov, Dzheykhun (Jay) Assange, Julian Aven, Petr Bannon, Stephen (Steve)
- Baranov, Andrey Berkowitz, A vi Boente, Dana Bogacheva, Anna Bossert, Thomas
- (Tom) Referenced Persons Russian real-estate developer ( owner of the Crocus
- Group); met Donald Trump in connection with the Miss Universe pageant and helped
- arrange the June 9, 2016 meeting at Trump Tower between Natalia Veselnitskaya
- and Trump Campaign officials. Performer, executive vice president of Crocus
- Group, and son of Aras Agalarov; helped arrange the June 9, 2016 meeting at
- Trump Tower between Natalia Veselnitskaya and Trump Campaign officials. Former
- member in the Ukrainian parliament who hired Paul Manafort to conduct work for
- Ukrainian political pai1y, the Party of Regions. U.S. lobbyist and associate of
- Natalia Veselnitskaya who attended the June 9, 2016 meeting at Trump Tower
- between Veselnitskaya and Trump Campaign officials. Head of U.S. department of
- the Internet Research Agency, which engaged in an "active measures" social media
- campaign to interfere in the 2016 U.S. presidential election. Founder of
- WikiLeaks, which in 2016 posted on the internet documents stolen from entities
- and individuals affiliated with the Democratic Party. Chairman of the board of
- Alfa-Bank who attempted outreach to the Presidential Transition Team in
- connection with anticipated post-election sanctions. White House chief
- strategist and senior counselor to President Trump (Jan. 2017-Aug.2017); chief
- executive of the Trump Campaign. Director of investor relations at Russian
- state-owned oil company, Rosneft, and associate of Carter Page. Assistant to
- Jared Kushner. Acting Attorney General (Jan. 2017 -Feb. 2017); Acting Deputy
- Attorney General (Feb. 2017 -Apr. 2017). Internet Research Agency employee who
- worked on "active measures" social media campaign to interfere in in the 2016
- U.S. presidential election; traveled to the United States under false pretenses
- in 2014. Former homeland security advisor to the President who also served as a
- senior official on the Presidential Transition Team. B-1
- RESULT: 42
- PAGE: 403
- TEXT:
- U.S. Department of Justice Attort1e:,? Work Pl'oEluet // Ma:,? Cot1tain Material
- ProteeteEI Ut1tler Fetl. R. Crim. P. 6(e) Fabrizio, Anthony (Tony) Fishbein,
- Jason Flynn, Michael G. (a/k/a Michael Flynn Jr.) Flynn, Michael T. Foresman,
- Robert (Bob) Futerfas, Alan Garten, Alan Gates, Richard (Rick) III Gerson,
- Richard (Rick) Gistaro, Edward Glassner, Michael Goldstone, Robert Gordon,
- Jeffrey (J.D.) Gorkov, Sergey Graff, Rhona Partner at the research and
- consulting firm Fabrizio, Lee & Associates. He was a pollster for the Trump
- Campaign and worked with Paul Manafort on Ukraine-related polling after the
- election. Attorney who performed worked for Julian Assange and also sent
- WikiLeaks a password for an unlaunched website PutinTrump.org on September 20,
- 2016. Son of Michael T. Flynn, National Security Advisor (Jan. 20, 2017-Feb. 13,
- 2017). National Security Advisor (Jan. 20, 2017 -Feb. 13, 2017), Director of the
- Defense Intelligence Agency (July 2012-Aug.7, 2014), and Trump Campaign advisor.
- He pleaded guilty to lying to the FBI about communications with Ambassador
- Sergey Kislyak in December 2016. Investment banker who sought meetings with the
- Trump Campaign in spring 2016 to discuss Russian foreign policy, and after the
- election met with Michael Flynn. Outside counsel for the Trump Organization and
- subsequently personal counsel for Donald Trump Jr. General counsel of the Trump
- Organization. Deputy campaign manager for Trump Campaign, Trump Inaugural
- Committee deputy chairman, and longtime employee of Paul Manafort. He pleaded
- guilty to conspiring to defraud the United States and violate U.S. laws, as well
- as making false statements to the FBI. New York hedge fund manager and associate
- of Jared Kushner. During the transition period, he worked with Kirill Dmitriev
- on a proposal for reconciliation between the United States and Russia. Deputy
- Director of National Intelligence for Intelligence Integration. Political
- director of the Trump Campaign who helped introduce George Papadopoulos to
- others in the Trump Campaign. Publicist for Emin Agalarov who contacted Donald
- Trump Jr. to arrange the June 9, 2016 meeting at Trump Tower between Natalia
- Veselnitskaya and Trump Campaign officials. National security advisor to the
- Trump Campaign involved in changes to the Republican party platform and who
- communicated with Russian Ambassador Sergey Kislyak at the Republican National
- Convention. Chairman of Vnesheconombank (VEB), a Russian state-owned bank, who
- met with Jared Kushner during the transition period. Senior vice-president and
- executive assistant to Donald J. Trump at the Trump Organization. B-4
- RESULT: 43
- PAGE: 406
- TEXT:
- U.S. Department of Justice AUor1rn)1 Work Prodttet // May Cm1taitt Material
- Proteeted Uttder Fed. R. Crim. P. 6(e) Malloch, Theodore (Ted) Manafort, Paul
- Jr. Mashburn, John McCabe, Andrew McCord, Mary McFarland, Kathleen (K.T.)
- McGahn, Donald (Don) Medvedcv, Dmitry Melnik, Yuriy Mifsud, Joseph Miller, Matt
- Miller, Stephen Millian, Sergei Mnuchin, Steven Miiller-Maguhn, Andrew Nader,
- George Netyksho, Viktor the Magnitsky Act, which imposed financial and travel
- sanctions on Russian officials. Chief executive officer of Global Fiduciary
- Governance and the Roosevelt Group. He was a London-based associate of Jerome
- Corsi. Trump campaign member (March 2016-Aug. 2016) and chairman and chief
- strategist (May 2016 -Aug. 2016). Trump administration official and former
- policy director to the Trump Campaign. Acting director of the FBI (May 2017
- -Aug. 2017); deputy director of the FBI (Feb. 2016 -Jan. 2018). Acting Assistant
- Attorney General (Oct. 2016-May 2017). Deputy White House National Security
- Advisor (Jan. 2017-May 2017). White House Counsel (Jan. 2017 -Oct. 2018). Prime
- Minister of Russia. Spokesperson for the Russian Embassy in Washington, D.C.,
- who connected with George Papadopoulos on social media. Maltese national and
- former London-based professor who, immediately after returning from Moscow in
- April 2016, told George Papadopoulos that the Russians had "dirt" in the form of
- thousands of Clinton emails. Trump Campaign staff member who was present at the
- meeting of the National Security and Defense Platform Subcommittee in July 2016.
- Senior advisor to the President. Founder of the Russian American Chamber of
- Commerce who met with George Papadopoulos during the campaign. Secretary of the
- Treasury. Harm to Ongoing Matter Member of hacker association Chaos Computer
- Club and associate of Julian Assange, founder of WikiLeaks. Advisor to the
- United Arab Emirates's Crown Prince who arranged a meeting between Kirill
- Dmitriev and Erik Prince during the transition period. Russian military officer
- in command of a unit involved in Russian hacand-release operations to interfere
- in the 2016 U.S. presidential election. B-7
- RESULT: 44
- PAGE: 407
- TEXT:
- U.S. Department of Justice Att:erne)" Werle Prnelttet // Ma)' CeRtaiR Material
- Prnteeteel UReief Feel. R. Crim. P. 6(e) Oganov, Georgiy Oknyansky, Henry (a/k/a
- Henry Greenberg) Page, Carter Papadopoulos, George Parscale, Bradley Patten,
- William (Sam) Jr. Peskov, Dmitry Phares, Walid Pinedo, Richard Podesta, John Jr.
- Podobnyy, Victor Poliakova, Elena Polonskaya, Olga Pompeo, Michael Porter,
- Robert Priebus, Reince Advisor to Oleg Deripaska and a board member of
- investment company Basic Element. He met with Paul Manafort in Spain in early
- 2017. Florida-based Russian individual who claimed to have derogatory
- information pertaining to Hillary Clinton. He met with Roger Stone in May 2016.
- Foreign policy advisor to the Trump Campaign who advocated Russian views and
- made July 2016 and December 2016 visits to Moscow. Foreign policy advisor to the
- Trump Campaign who received information from Joseph Mifsud that Russians had
- "dirt" in the form of thousands of Clinton emails. He pleaded guilty to lying to
- the FBI about his contact with Mifsud. Digital media director for the 2016 Trump
- Campaign. Lobbyist and business partner of Konstantin Kilimnik. Deputy chief of
- staff of and press secretary for the Russian presidential administration.
- Foreign policy advisor to the Trump Campaign and co-secretary general of the
- Transatlantic Parliamentary Group on Counterterrorism (TAG). U.S. person who
- pleaded guilty to a single-count information of identity fraud. Clinton campaign
- chairman whose email account was hacked by the GRU. WikiLeaks released his
- stolen emails during the 2016 campaign. Russian intelligence officer who
- interacted with Carter Page while operating inside the United States; later
- charged in 2015 with conspiring to act as an unregistered agent of Russia.
- Personal assistant to Dmitry Peskov who responded to Michael Cohen's outreach
- about the Trump Tower Moscow project in January 2016. Russian national
- introduced to George Papadopoulos by Joseph Mifsud as an individual with
- connections to Vladimir Putin. U.S. Secretary of State; director of the Central
- Intelligence Agency (Jan. 2017-Apr. 2018). White House staff secretary (Jan.
- 2017 -Feb. 2018). White House chief of staff (Jan. 2017 -July 2017); chair of
- the Republican National Committee (Jan. 2011-Jan. 2017). Prigozhin, Yevgeniy
- Head of Russian companies Concord-Catering and Concord Management and
- Consulting; supported and financed the Internet Research Agency, which engaged
- in an "active measures" social media campaign to interfere in the 2016 U.S.
- presidential election. B-8
- RESULT: 45
- PAGE: 412
- TEXT:
- U.S. Department of Justice Attorney \\'erk Prodttet // Ma)? C0Htait1 ~foterial
- Proteeted Ut1de1? Ped. R. Cri1T1. P. 6(e) Russian International Affairs Council
- Silk Road Group St. Petersburg International Economic Forum Tatneft
- Transatlantic Parliamentary Group on Counterterrorism Unit 26165 (GRU) Unit
- 74455 (GRU) Valdai Discussion Club WikiLeaks Russia-based nonprofit established
- by Russian government decree. It is associated with the Ministry of Foreign
- Affairs, and its members include Ivan Timofeev, Dmitry Peskov, and Petr Aven.
- Privately held investment company that entered into a licensing agreement to
- build a Trump-branded hotel in Georgia. Annual event held in Russia and attended
- by prominent Russian politicians and businessmen. Russian energy company.
- European group that sponsored a summit between European Parliament lawmakers and
- U.S. persons. George Papadopoulos, Sam Clovis, and Walid Phares attended the TAG
- summit in July 2016. GRU military cyber unit dedicated to targeting military,
- political, governmental, and non-governmental organizations outside of Russia.
- It engaged in computer intrusions of U.S. persons and organizations, as well as
- the subsequent release of the stolen data, in order to interfere in the 2016
- U.S. presidential election. GRU military unit with multiple departments that
- engaged in cyber operations. It engaged in computer intrusions of U.S. persons
- and organizations, as well as the subsequent release of the stolen data, in
- order to interfere in the 2016 U.S. presidential election. Group that holds a
- conference attended by Russian government officials, including President Putin.
- Organization founded by Julian Assange that posts information online, including
- data stolen from private, corporate, and U.S. Government entities. Released data
- stolen by the GRU during the 2016 U.S. presidential election. B-13
- RESULT: 46
- PAGE: 421
- TEXT:
- U.S. Department of Justice Atlef'fle)1 \ltet'k Pt1eclttet // Moy CeHtttiH
- Motet1iol Prnteetecl UHE:ier Fee. R. Ct1iffl. P. 6(e) e. On October 7, 2016,
- emails hacked from the account of John Podesta were released by WikiLeaks. ? i.
- Where were you on October 7, 2016? ii. Were you told at any time in advance of,
- or on the day of, the October 7 release that Wikileaks possessed or might
- possess emails related to John Podesta? If yes, describe who told you this,
- when, and what you were told. iii. Are you aware of anyone associated with you
- or your campaign, including Roger Stone, reaching out to Wikileaks, either
- directly or through an intermediary, on or about October 7, 2016? If yes,
- identify the person and describe the substance of the conversations or contacts.
- f. Were you told of anyone associated with you or your campaign, including Roger
- Stone, having any discussions, directly or indirectly, with Wikileaks, Guccifer
- 2.0, or DCLeaks regarding the content or timing of release of hacked emails? If
- yes, describe who had such contacts, how you became aware of the contacts, when
- you became aware of the contacts, and the substance of the contacts. g. From
- June 1, 2016 through the end of the campaign, how frequently did you communicate
- with Roger Stone? Describe the nature of your communication(s) with Mr. Stone.
- i. During that time period, what efforts did Mr. Stone tell you he was making to
- assist your campaign, and what requests, if any, did you make of Mr. Stone? ii.
- Did Mr. Stone ever discuss Wikileaks with you or, as far as you were aware, with
- anyone else associated with the campaign? If yes, describe what you were told,
- from whom, and when. iii. Did Mr. Stone at any time inform you about contacts he
- had with Wikileaks or any intermediary of WikiLeaks, or about forthcoming
- releases of information? If yes, describe what Stone told you and when. h. Did
- you have any discussions prior to January 20, 2017, regarding a potential pardon
- or other action to benefit Julian Assange? If yes, describe who you had the
- discussion(s) with, when, and the content of the discussion(s). i. Were you
- aware of any efforts by foreign individuals or companies, including those in
- Russia, to assist your campaign through the use of social media postings or the
- organization of rallies? If yes, identify who you discussed such assistance
- with, when, and the content of the discussion(s). C-6
- RESULT: 47
- PAGE: 430
- TEXT:
- U.S. Department of Justice Atterfl:e)" \\'erk PreEiuet // May Cofl:taifl:
- Material Prnteeted UHEier Fee. R. Cri1fl. P. 6(e) with input from various
- outside advisors and was based on publicly available material, including, in
- particular, information from the book CUnton Cash by Peter Schweizer. The Pulse
- Nightclub terrorist attack took place in the early morning hours of Sunday, June
- 12, 2016. In light of that tragedy, I gave a speech directed more specifically
- to national security and terrorism than to the Clintons. That speech was
- delivered at the Saint Anselm College Institute of Politics in Manchester, New
- Hampshire, and, as reported, opened with the following: This was going to be a
- speech on Hillary Clinton and how bad a President, especially in these times of
- Radical Islamic Terrorism, she would be. Even her former Secret Service Agent,
- who has seen her under pressure and in times of stress, has stated that she
- lacks the temperament and integrity to be president. There will be plenty of
- oppo1tunity to discuss these important issues at a later time, and I will
- deliver that speech soon. But today there is only one thing to discuss: the
- growing threat of terrorism inside of our borders. I continued to speak about
- Mrs. Clinton's failings throughout the campaign, using the information prepared
- for inclusion in the speech to which I referred on June 7, 2016. Response to
- Question I, Part (h) I have no recollection of being told during the campaign
- that Vladimir Putin or the Russian government "suppotted" my candidacy or
- "opposed" the candidacy of Hillary Clinton. However, I was aware of some reports
- indicating that President Putin had made complimentary statements about me.
- Response to Question I, Part (i) I have no recollection of being told during the
- campaign that any foreign government or foreign leader had provided, wished to
- provide, or offered to provide tangible support to my campaign. II. Russian
- Hacking / Russian Efforts Using Social Media / WikiLeaks a. On June 14, 2016, it
- was publicly reported that computer hackers had penetrated the computer network
- of the Democratic National Committee (DNC) and that Russian intelligence was
- behind the unauthorized access, or hack. Prior to June 14, 20 I 6, were you
- provided any information about any potential or actual hacking of the computer
- systems or email accounts of the DNC, the Democratic Congressional Campaign
- Committee (DCCC), the Clinton Campaign, Hillary Clinton, or individuals
- associated with the Clinton campaign? If yes, describe who provided this
- information, when, and the substance of the information. 10 C-15
- RESULT: 48
- PAGE: 431
- TEXT:
- U.S. Department of Justice Atterfte~? \l/erk Proa1:1et // May Ce11tai11 Material
- Proteetea U11aer Fea. R. Crim. P. 6(e) b. On July 22, 2016, WikiLeaks released
- nearly 20,000 emails sent or received by Democratic party officials. 1. Prior to
- the July 22, 2016 release, were you aware from any source that WikiLeaks,
- Guccifer 2.0, DCLeaks, or Russians had or potentially had possession of or
- planned to release emails or information that could help your campaign or hurt
- the Clinton campaign? If yes, describe who you discussed this issue with, when,
- and the substance of the discussion(s). 11. After the release of emails by
- WikiLeaks on July 22, 2016, were you told that WikiLeaks possessed or might
- possess additional information that could be released during the campaign? If
- yes, describe who provided this information, when, and what you were told. c.
- Are you aware of any communications during the campaign, directly or indirectly,
- between Roger Stone, Donald Trump, Jr., Paul Manafort, or Rick Gates and (a)
- WikiLeaks, (b) Julian Assange, (c) other representatives of WikiLeaks, (d) Gucci
- fer 2.0, (e) representatives of Gucci fer 2.0, or (f) representatives of
- DCLeaks? If yes, describe who provided you with this information, when you
- learned of the communications, and what you know about those communications. d.
- On July 27, 2016, you stated at a press conference: "Russia, if you're
- listening, I hope you're able to find the 30,000 emails that are missing. I
- think you will probably be rewarded mightily by our press." 1. Why did you make
- that request of Russia, as opposed to any other country, entity, or individual?
- ii. In advance of making that statement, what discussions, if any, did you have
- with anyone else about the substance of the statement? iii. Were you told at any
- time before or after you made that statement that Russia was attempting to
- infiltrate or hack computer systems or email accounts of Hillary Clinton or her
- campaign? If yes, describe who provided this information, when, and what you
- were told. e. On October 7, 2016, emails hacked from the account of John Podesta
- were released by WikiLeaks. i. Where were you on October 7, 20 I 6? ii. Were you
- told at any time in advance of, or on the day of, the October 7 release that
- WikiLeaks possessed or might possess emails related to John Podesta? If yes,
- describe who told you this, when, and what you were told. 11 C-16
- RESULT: 49
- PAGE: 432
- TEXT:
- U.S. Department of Justice AtterRey Werk Presttet // Ma)' Cm~taiR Material
- Preteetes UAser Fee. R. Criffl. P. 6(e) iii. Are you aware of anyone associated
- with you or your campaign, including Roger Stone, reaching out to WikiLeaks,
- either directly or through an intermediary, on or about October 7, 2016? If yes,
- identify the person and describe the substance of the conversations or contacts.
- f. Were you told of anyone associated with you or your campaign, including Roger
- Stone, having any discussions, directly or indirectly, with WikiLeaks, Guccifer
- 2.0, or DCLeaks regarding the content or timing of release of hacked emails? If
- yes, describe who had such contacts, how you became aware of the contacts, when
- you became aware of the contacts, and the substance of the contacts. g. From
- June 1, 2016 through the end of the campaign, how frequently did you communicate
- with Roger Stone? Describe the nature of your communication(s) with Mr. Stone.
- 1. During that time period, what efforts did Mr. Stone tell you he was making to
- assist your campaign, and what requests. if any, did you make of Mr. Stone? ii.
- Did Mr. Stone ever discuss WikiLeaks with you or, as far as you were aware, with
- anyone else associated with the campaign? If yes, describe what you were told,
- from whom. and when. iii. Did Mr. Stone at anytime inform you about contacts he
- had with WikiLeaks or any intermediary of WikiLeaks. or about forthcoming
- releases of information? If yes, describe what Stone told you and when. h. Did
- you have any discussions prior to January 20, 2017, regarding a potential pardon
- or other action to benefit Julian Assange? If yes, describe who you had the
- discussion(s) with, when, and the content of the discussion(s). i. Were you
- aware of any efforts by foreign individuals or companies, including those in
- Russia, to assist your campaign through the use of social media postings or the
- organization of rallies? If yes, identify who you discussed such assistance
- with, when, and the content of the discussion(s). Response to Question II, Part
- (a) I do not remember the date on which it was publicly reported that the DNC
- had been hacked, but my best recollection is that I learned of the hacking at or
- shortly after the time it became the subject of media reporting. I do not recall
- being provided any information during the campaign about the hacking of any of
- the named entities or individuals before it became the subject of media
- reporting. 12 C-17
- RESULT: 50
- PAGE: 433
- TEXT:
- U.S. Department of Justice Atterfte)' Werk Pret:ittet // May Cm1taift Material
- Prnteetet:i lJFtt:ier Fet:i. R. Crim. P. 6(e) Response to Question U, Part (b) I
- recall that in the months leading up to the election there was considerable
- media reporting about the possible hacking and release of campaign-related
- information and there was a lot of talk about this matter. At the time, I was
- generally aware of these media reports and may have discussed these issues with
- my campaign staff or others, but at this point in time -more than two years
- later -I have no recollection of any particular conversation, when it occurred,
- or who the participants were. Response to Question II, Part (c) I do not recall
- being aware during the campaign of any communications between the individuals
- named in Question II (c) and anyone I understood to be a representative of
- WikiLeaks or any of the other individuals or entities referred to in the
- question. Response to Question II, Part (d) I made the statement quoted in
- Question II (d) in jest and sarcastically, as was apparent to any objective
- observer. The context of the statement is evident in the full reading or viewing
- of the July 27, 2016 press conference, and I refer you to the publicly available
- transcript and video of that press conference. I do not recall having any
- discussion about the substance of the statement in advance of the press
- conference. I do not recall being told during the campaign of any efforts by
- Russia to infiltrate or hack the computer systems or email accounts of Hillary
- Clinton or her campaign prior to them becoming the subject of media repo11ing
- and I have no recollection of any particular conversation in that regard.
- Response to Question II, Part (e) I was in Trump Tower in New York City on
- October 7, 2016. I have no recollection of being told that WikiLeaks possessed
- or might possess emails related to John Podesta before the release of Mr.
- Podesta's emails was reported by the media. Likewise, I have no recollection of
- being told that Roger Stone, anyone acting as an intermediary for Roger Stone,
- or anyone associated with my campaign had communicated with WikiLeaks on October
- 7, 2016. Response to Question II, Part (0 I do not recall being told during the
- campaign that Roger Stone or anyone associated with my campaign had discussions
- with any of the entities named in the question regarding the content or timing
- of release of hacked emails. Response to Question ll, Part (g) I spoke by
- telephone with Roger Stone from time to time during the campaign. I have no
- recollection of the specifics of any conversations I had with Mr. Stone between
- June 1.2016 and 13 C-18
- RESULT: 51
- PAGE: 434
- TEXT:
- U.S. Department of Justice Attert1ey Werk Preelttet // Mft)' CefttEtiH
- MEtteriEtl Prateeteel UHder Fed. R. Cri1fl. P. 6(e) November 8, 2016. I do not
- recall discussing WikiLeaks with him, nor do I recall being aware of Mr. Stone
- having discussed WikiLeaks with individuals associated with my campaign,
- although I was aware that WikiLeaks was the subject of media reporting and
- campaign-related discussion at the time. Response to Question II, Part (h) I do
- not recall having had any discussion during the campaign regarding a pardon or
- action to benefit Julian Assange. Response to Question II, Part (i) I do not
- recall being aware during the campaign of specific effo11s by foreign
- individuals or companies to assist my campaign through the use of social media
- postings or the organization of rallies. III. The Trump Organization Moscow
- Project a. In October 2015, a "Letter of Intent," a copy of which is attached as
- Exhibit B, was signed for a proposed Trump Organization project in Moscow (the
- "Trump Moscow project"). 1. When were you first informed of discussions about
- the Trump Moscow project? By whom? What were you told about the project? ii. Did
- you sign the letter of intent? b. In a statement provided to Congress, attached
- as Exhibit C, Michael Cohen stated: "To the best of my knowledge, Mr. Trump was
- never in contact with anyone about this proposal other than me on three
- occasions, including signing a non-binding letter of intent in 2015." Describe
- all discussions you had with Mr. Cohen, or anyone else associated with the Trump
- Organization, about the Trump Moscow project, including who you spoke with,
- when, and the substance of the discussion(s). c. Did you learn of any
- communications between Michael Cohen or Felix Sater and any Russian government
- officials, including officials in the office of Dmitry Peskov, regarding the
- Trump Moscow project? If so, identify who provided this info1mation to you,
- when, and the substance of what you learned. d. Did you have any discussions
- between June 2015 and June 2016 regarding a potential trip to Russia by you
- and/or Michael Cohen for reasons related to the Trump Moscow project? If yes,
- describe who you spoke with, when, and the substance of the discussion(s). e.
- Did you at any time direct or suggest that discussions about the Trump Moscow
- project 14 C-19
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