new york times former federal lawyer says mueller has trump team where they want him

by Prof. Pete Kessler IV 3 min read

Did Trump’s lawyers send a confidential letter to Mueller?

The Times obtained copies of a confidential letter sent by President Trump’s lawyers to the special counsel, Robert S. Mueller III. Reporters added context in annotations. Below it is another letter from the president’s lawyers sent last summer.

Who is Robert Mueller and why was he appointed?

Mr. Mueller was appointed in the spring of 2017 to oversee the investigation into Russia’s election interference and whether any Trump associates conspired. Having served for decades in law enforcement, Mr. Mueller was previously best known for his 12 years as the director of the F. B. I.

Who is Robert Mueller's team?

Mueller and the deputy attorney general who appointed him, Rod Rosenstein, are both registered Republicans. Each team member brings a specific expertise. Andrew Goldstein, right, then head of the Public Corruption unit of the federal prosecutor's office, arrives for a meeting with Mayor Bill de Blasio on February 24, 2017 in New York.

Where are Mueller’s investigators coming from?

They come from familiar places: the Justice Department’s criminal division, federal prosecutors’ offices in New York and around Washington and a law firm where Mr. Mueller worked. The makeup of the team has shifted as prosecutors and others have departed and some aspects of the investigation are wrapping up.

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Why did the Mueller report go unanswered?

The release of the recording last week served as a reminder that despite the considerable evidence laid out in the 448-page Mueller report, some tantalizing questions about the president’s conduct went unanswered because investigators encountered obstacles or backed off on pursuing leads.

What is the Mueller report?

Mueller III, are now available to the public. The redacted report details his two-year investigation into Russian interference in the 2016 presidential election.

What did Dowd tell Flynn?

One way of interpreting the episode is that Mr. Dowd was telling Mr. Flynn not to provide the government with damaging information about Mr. Trump even if he cooperated in other ways, and suggesting that Mr. Trump might reward his loyalty with a pardon. But the message was ambiguous.

Why is Flynn no longer protected by attorney-client privilege?

Dowd about sending such a message to Mr. Flynn would no longer be protected by attorney-client privilege because they would be considered part of a crime.

Did Dowd and Flynn's lawyers cooperate?

Dowd and Mr. Flynn’s lawyers around the decision by their client, the president’s first national security adviser, to cooperate with Mr. Mueller’s prosecutors. That move effectively ended the joint defense agreement that the lawyers had operated under for months and that had allowed them to share information about the investigation.

Did Kelner return the call?

Mr. Kelner returned the call the next day — on Thanksgiving — according to the report, again saying that he and his client could no longer share information.

Was Flynn under investigation?

Mueller’s investigation into whether he was tied to Russia’s election interference. Mr. Flynn was also under investigation for his ties to Russia. And as Mr. Trump’s national security adviser for less than a month, he had access to many of the country’s most heavily guarded secrets.

What questions did Mueller ask?

Mueller has pursued a basic set of questions: How did Russia, on the orders of President Vladimir V. Putin, wage a campaign to illegally influence the 2016 presidential race? Did any Trump associates conspire with Russia’s interference? Has President Trump tried to obstruct the inquiry?

Who is the youngest member of the Mueller team?

He also played a role in the sentencing of Richard Pinedo, a California man who unwittingly aided the interference. The son of a journalist, Mr. Atkinson is one of the youngest members of the Mueller team. He graduated from law school eight years ago and joined the Justice Department’s national security division.

How old is Quarles?

At 72, Mr. Quarles is one of the oldest and most senior members of the team, and he has a history in Washington: He was a Watergate prosecutor. He was also one of three lawyers Mr. Mueller brought on from WilmerHale, his former firm.

How many Russian intelligence officers were indicted for hacking Hillary Clinton's 2016 campaign?

The second indictment accused 12 Russian intelligence officers in the hacking of the Democratic National Committee and Hillary Clinton’s 2016 presidential campaign.

Why did the Kremlin hold off on escalating?

Flynn, tapped as the president’s first national security adviser, asked Russia’s ambassador to the United States in late 2016 that the Kremlin hold off on escalating in response to sanctions imposed by the Obama administration over election interference.

Where do the core prosecutors come from?

They come from familiar places: the Justice Department’s criminal division, federal prosecutors’ offices in New York and around Washington and a law firm where Mr. Mueller worked.

Where did Prelogar go to law school?

Prelogar deferred her admission to Harvard Law School to pursue a Fulbright scholarship in St. Petersburg, Russia, and went on to clerk for two Supreme Court justices, Ruth Bader Ginsburg and Elena Kagan. She also once competed in the Miss America pageant as Miss Idaho.

What did Trump's lawyers say about Mueller?

Mueller in January. The letter was a response to his request that Mr. Trump agree to be questioned about allegations that he committed obstruction of justice. The lawyers argued that Mr. Mueller does not need to talk to the president and laid out a series of claims that foreshadow a potential fight over a subpoena, were the special counsel to try to force the president to testify.

Why did the FBI request an interview with the Special Counsel?

It is our understanding that the reason behind the request for the interview is to allow the Special Counsel’s office to complete its report. After reviewing the list of topics you presented, it is abundantly clear to the undersigned that all of the answers to your inquiries are contained in the exhibits and testimony that have already been voluntarily provided to you by the White House and witnesses, all of which clearly show that there was no collusion with Russia, and that no FBI investigation was or even could have been obstructed.

What are the President's remarks?

Reading the entire interview, the fair reading of the President’s remarks demonstrates that the President: 1 Fired Mr. Comey for incompetence; 2 Knew, based on the timing of the firing, that his action could actually lengthen the Russian investigation and in any event would not terminate it; 3 Demonstrated, with his comments to Mr. Holt about the Russia investigation, that he was not concerned about the continuation of any current investigation, even a now-lengthier investigation, because he knows there is no “collusion” to uncover; and 4 Made it clear that he was willing, even expecting, to let the investigation take more time, though he thinks it is ridiculous, because he believes that the American people deserve to have a competent leader of the FBI.

What did Flynn say about the FBI?

Flynn stated that FBI agents met with him to inform him that their investigation was over.”. The second occurred on a telephone call on February 10, 2017, wherein Mr. McGahn, Mr. Priebus, and the Vice President confronted Lt. Gen. Flynn concerning his discussions with Ambassador Kislyak.

Who was the former National Security Advisor?

In our most recent meeting, you mentioned the possibility of obstruction in connection with the case of former National Security Advisor and Lt. Gen. Michael Flynn ( Ret.) “Lt. Gen. Flynn”), and that you desired to speak with the President specifically regarding his conversation with then-Director Comey one day after the President fired Lt. Gen. Flynn for lying to the Vice President. You have already been provided the testimony of White House Counsel and his extensive internal file memo as well as the testimony and notes of the President’s Chief of Staff, Reince Priebus “Mr. Priebus”), and other members of the White House Counsel’s office. According to former Mr. Comey, the following occurred at a February 14, 2017, meeting between him and the President:

Why did Trump not violate the law?

director as part of a cover-up of wrongdoing, his lawyers say he still did not violate the law because he was exercising powers the Constitution has granted exclusively to him. Under this view, it would be unconstitutional to apply obstruction-of-justice statutes enacted by Congress to limit how a president chooses to use his power to supervise the executive branch.

When did the President meet with Comey?

The President’s meeting on February 14, 2017 , with then-Director James Comey; Any other relevant information regarding former National Security Advisor Michael Flynn; The President’s awareness of and reaction to investigations by the FBI, the House and the Senate into possible collusion;

What did Mueller tell the president's lawyers?

Mueller has told the president’s lawyers that he needs to talk to their client to determine whether he had criminal intent to obstruct the investigation into his associates’ possible links to Russia’s election interference. If Mr. Trump refuses to be questioned, Mr. Mueller will have to weigh their arguments while deciding whether to press ahead with a historic grand jury subpoena.

What is Mueller investigating?

Mueller is investigating whether Mr. Trump, by dictating the comment, revealed that he was trying to cover up proof of the campaign’s ties to Russia — evidence that could go to whether he had the same intention when he took other actions.

What is the Mueller letter?

Mueller is reviewing actions and conversations involving senior White House officials, including the president, the vice president and the White House counsel.

Why can't the president obstruct the investigation into Russia?

Mueller III, and obtained by The New York Times — contends that the president cannot illegally obstruct any aspect of the investigation into Russia’s election meddling because the Constitution empowers him to, “if he wished, terminate the inquiry, or even exercise his power to pardon.”

Who is the special counsel for the President?

The special counsel, Robert S. Mueller III, will likely reach one of two conclusions about the president: Either there is evidence that he broke the law, or there is not. Mike Schmidt, a New York Times reporter, explains the possible outcomes.

Who wrote the letter to the Special Counsel?

Hand-delivered to the special counsel’s office in January and written by two of the president’s lawyers at the time, John M. Dowd and Jay A. Sekulow, the letter offers a rare glimpse into one side of the high-stakes negotiations over a presidential interview.

Did Trump's lawyers cooperate with Mueller?

Over the past year, the president’s lawyers have mostly cooperated with the inquiry in an effort to end it more quickly. Mr. Trump’s lawyers say he deserves credit for that willingness, citing his waiver of executive privilege to allow some of his advisers to speak with Mr. Mueller.

How many people have been charged with the Mueller investigation?

Since Mueller's appointment as special counsel in May 2017, at least 18 prosecutors and lawyers have worked on the inquiry, which is tasked with investigating "any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump" and any matters that "may arise directly from the investigation." The probe resulted in 34 people and three companies being criminally charged, and there have been seven guilty pleas and one trial conviction.

Who was the special prosecutor for Nixon?

From 1973 to 1975, he was an assistant special prosecutor for the Watergate Special Prosecution Force, which helped force Richard Nixon out of office and prosecuted a number of Nixon administration officials. Jeannie Rhee worked with Mueller and Quarles at WilmerHale. She rejoined the firm in 2011, resuming work advising clients who are ...

What did Kyle Freeny do?

Kyle Freeny left in October, returning to DOJ's money laundering and asset forfeiture section. She'd worked on the Manafort case, and on the indictment of a dozen Russians charged with hacking into the emails of the Democratic National Committee and Hillary Clinton's campaign chairman.

What was the name of the company that was investigated by Weissmann?

Weissmann's greatest successes and failures came when he directed the task force investigating Enron, a giant energy company based in Texas that collapsed in 2001. The team racked up over 30 convictions in the highly complex case, but one of them, involving the company's outside auditing firm Arthur Andersen, was reversed by the Supreme Court.

Who is Aaron Zebley?

Aaron Zebley is another WilmerHale alum and is especially close to Mueller; he was his chief of staff at the FBI. Zebley is also a former FBI agent who was involved in an international hunt for al Qaeda terrorists before the Sept. 11, 2001, terrorist attacks.

Who prosecuted the CityTime case?

Goldstein, a former Time magazine reporter and high school teacher, also prosecuted the CityTime case, involving an automated timekeeping project for New York City employees that exploded in cost from an expected $63 million to more than 10 times that in what the Department of Justice called “the largest municipal fraud and kickback scheme in history.” The probe, the department said, was "a dogged investigation that involved tracing payments through more than 150 foreign and domestic accounts, poring through hundreds of thousands of emails and project documents, interviewing more than 100 witnesses, and securing cooperation from two key insiders."

Did Goldstein get charged with bribery?

But Goldstein was also involved in the 2017 decision not to charge New York City Mayor Bill de Blasio in a bribery probe even though a campaign donor pleaded guilty to trying to get favorable treatment through his contributions, The New York Times reported. While court documents said de Blasio took steps to benefit the donor in exchange for the contributions, federal prosecutors decided not to pursue charges against him because of "the high burden of proof" and "the particular difficulty in proving criminal intent in corruption schemes where there is no evidence of personal profit," Goldstein's then-boss, acting Manhattan U.S. Attorney Joon Kim, said at the time.

Background

The financial statements of the Trump Organization 's holdings are private, as are Donald Trump 's personal tax returns, and there exist a wide range of estimates of the organization's true value.

History

In August 2018, Manhattan District Attorney (DA) Cyrus Vance Jr. was reported to be considering criminal charges against the organization and two of its senior executives for their accounting of then-Trump personal attorney Michael Cohen 's hush money payment to Stormy Daniels. In August 2019, Vance subpoenaed Mazars for Trump's tax returns.

Reactions

In December 2020, in response to Trump telling Sean Hannity that "The president out the door needs to pardon his whole family and himself because they want this witch hunt to go on in perpetuity, they're so full of rage and insanity against the president," some news outlets speculated that the president might preemptively pardon his children in connection with the criminal case.

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