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      Discredited Steele Dossier Doesn't Undercut Russia Inquiry

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      Donald J. Trump and his backers say revelations about the Steele dossier show the Russia investigation was a “hoax.” That is not what the facts indicate.WASHINGTON — Former President Donald J. Trump and his allies have stepped up an effort to conflate the so-called Steele dossier with the Russia investigation following the indictment of a researcher for the document on charges that he lied to the F.B.I. about some of its sources.Mr. Trump and his supporters have long sought to use the flaws of the dossier to discredit the investigation into Russian interference in the 2016 presidential election — and the nature of numerous links between Russia and the Trump campaign — as a “hoax.”But the available evidence indicates that the dossier was largely tangential to the Russia investigation. Here is a look at the facts.What was the Steele dossier?It was a series of memos about purported Trump-Russia links written by Christopher Steele, a former British intelligence agent, during the 2016 campaign.It cited unnamed sources who claimed there was a “well-developed conspiracy of coordination” between the Trump campaign and the Russian government, and that Russia had a blackmail tape of Mr. Trump with prostitutes. In addition to giving his memos to his client, Mr. Steele gave some to the F.B.I. and reporters. Buzzfeed published 35 pages in January 2017.Many things that were not immediately apparent about the dossier have since become clearer. It grew out of a political opposition research effort to dig up information about Mr. Trump funded by Hillary Clinton’s campaign and the Democratic Party. Their law firm, Perkins Coie, contracted with a research firm called Fusion GPS, which subcontracted research about Trump business dealings in Russia to Mr. Steele. Mr. Steele in turn hired Igor Danchenko, the recently indicted researcher, to canvass for information from people he knew, including in Europe and Russia.What was the Russia investigation?It was a counterintelligence and criminal inquiry into the Russian operation to manipulate the 2016 presidential election by hacking and anonymously dumping Democratic emails and by spreading propaganda using fake accounts on American social media platforms. The scrutiny of Russia’s activities included examining the nature of links between Trump campaign associates and Russians to see if there was any coordination.The F.B.I. launched the investigation in July 2016, and a special counsel, Robert S. Mueller III, eventually took over. His March 2019 report detailed “numerous links between the Russian government and the Trump campaign” and 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.” He did not charge any Trump associate with a criminal conspiracy.Was the dossier a reliable source of information?No. It has become clear over time that its sourcing was thin and sketchy.No corroborating evidence has emerged in intervening years to support many of the specific claims in the dossier, and government investigators determined that one key allegation — that Mr. Trump’s lawyer, Michael Cohen, had met with Russian officials in Prague during the campaign — was false.When the F.B.I. interviewed Mr. Danchenko in 2017, he told the bureau that he thought the tenor of the dossier was more conclusive than was justified; for example, Mr. Danchenko portrayed the blackmail tape story as rumors and speculation that he was not able to confirm. He also said a key source had called him without identifying himself, and that he had guessed at the source’s identity. The indictment accuses Mr. Danchenko of lying about that call and of concealing that a Democratic Party-linked public relations executive was his source for a claim about Trump campaign office politics.Did the F.B.I. open the investigation because of the dossier?No. Mr. Trump and his allies have insinuated that the F.B.I. based the Russia investigation on the dossier. But when counterintelligence agents launched the effort on July 30, 2016, they did not yet know about the dossier. An inspector general report established that Mr. Steele’s reports reached that counterintelligence team on Sept. 19, 2016.The basis for the investigation was instead that WikiLeaks had disrupted the Democratic National Convention by releasing Democratic emails believed to have been stolen by Russian hackers, and that an Australian diplomat said a Trump campaign foreign policy adviser had bragged to him about apparent outreach from Russia involving an offer to help the campaign by anonymously releasing information damaging to Mrs. Clinton.Did the F.B.I. take any investigative step based on the dossier?Yes. The F.B.I. took the dossier seriously based on Mr. Steele’s reputation, and used some of it — without independent verification — for a narrow purpose that led to a dead end and became a political debacle. It included several claims from Mr. Steele’s memos in applications to wiretap Carter A. Page, a former Trump campaign foreign policy adviser with ties to Russia. In 2019, the Justice Department’s inspector general sharply criticized the F.B.I. for numerous flaws in those wiretap applications.While the dossier-tainted wiretap of Mr. Page has received significant attention, it was a small part of the overall investigation, which issued more than 2,800 subpoenas, executed nearly 500 search-and-seizure warrants, obtained more than 230 orders for communications records, made 13 requests to foreign governments under mutual legal assistance treaties, and interviewed about 500 witnesses. Mr. Page was not charged with a crime, and only a handful of the 448 pages in the Mueller report focus on him.Did investigators rely on the dossier for their findings?No. The Mueller report does not present claims from the dossier as evidence, and many of the issues focused on by investigators did not come up in the dossier.The dossier makes no mention, for example, of a July 2016 meeting at Trump Tower between Russians and senior campaign officials including Donald Trump Jr., who eagerly accepted the request for a meeting after being told they were bringing dirt on Mrs. Clinton.Nor does the dossier mention that in August 2016, Konstantin V. Kilimnik — described in the 2019 Mueller report as having “ties to Russian intelligence” and in a partly declassified, bipartisan Senate Intelligence Committee report in 2020 as a “Russian intelligence officer” with possible ties to Russia’s election interference operations — flew to the United States to meet with Mr. Trump’s campaign chairman, Paul Manafort.Investigators established that the two had discussed whether Mr. Trump, if elected, would bless a peace plan effectively allowing Russia to control eastern Ukraine, and that Mr. Manafort had shared internal polling data and campaign strategy information with Mr. Kilimnik, which the Treasury Department later said he passed on to a Russian spy agency. (The government has not declassified evidence for its escalating accusations about Mr. Kilimnik.)The Senate report said Mr. Manafort’s “willingness to share information with individuals closely affiliated with the Russian intelligence services” represented a “grave counterintelligence threat.”Did Mueller rely on the dossier for any criminal charges?No. The special counsel investigation led to indictments of 34 people and three companies. Many of those indicted — like Mr. Kilimnik — reside abroad and have not faced trial. Mr. Mueller obtained nine guilty pleas or jury convictions, including half a dozen close Trump associates. None of those indictments cited the dossier as evidence.The fact that Mr. Mueller did not obtain sufficient evidence to charge Trump associates with conspiracy is subject to disputed interpretations that overlap with the debate over the dossier’s significance. Trump supporters frame the lack of conspiracy charges as proof there was no collusion. By combining this with the false premise that there would not have been any Russia investigation without the Steele dossier, they portray Mr. Trump as a victim of a hoax.Beyond pointing out that there is a range of cooperation and coordination that falls short of the legal definition of “conspiracy,” Trump skeptics argue that Mr. Mueller never definitively got to the bottom of what happened in part because of Mr. Trump’s efforts to impede the investigation — like dangling a pardon before Mr. Manafort to keep him from cooperating.What was the main impact of the dossier?Beyond its narrow role in facilitating the F.B.I.’s wiretap of Mr. Page, the dossier’s publication had the broader consequence of amplifying an atmosphere of suspicion about Mr. Trump.Still, the dossier did not create this atmosphere of suspicion. Mr. Trump’s relationship with Russia had been a topic of significant discussion dating back to the campaign, including before the first report that Russia had hacked Democrats and before Mr. Steele drafted his reports and gave some to reporters.Among the reasons: Mr. Trump had said flattering things about Russian President Vladimir V. Putin, kept bringing on advisers with ties to Russia, had financial ties to Russia, publicly encouraged Russia to hack Mrs. Clinton, and at his nominating convention, the party dropped a plank that called for arming Ukraine against Russian-backed rebels. In March 2017, the F.B.I. publicly acknowledged that it was investigating links between Russia and Trump campaign associates. More

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      Mueller Scrutinized an Unidentified Member of News Media in Russia Inquiry

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      The scrutiny was one of several new disclosures the Justice Department made about investigative actions involving the news media during the Trump years.WASHINGTON — The special counsel who investigated Russia’s 2016 election interference, Robert S. Mueller III, scrutinized “a member of the news media suspected of participating in the conspiracy” to hack Democrats and make their emails public, the Justice Department disclosed on Wednesday.The deputy attorney general at the time, Rod J. Rosenstein, who was overseeing the Russia investigation, approved a subpoena in 2018 for the unnamed person’s phone and email records. He also approved seeking a voluntary interview with that person and then issuing a subpoena to force the person to testify before a grand jury, the department said.“All of this information was necessary to further the investigation of whether the member of the news media was involved in the conspiracy to unlawfully obtain and utilize the information from the hacked political party or other victims,” the department said.No member of the news media was charged with conspiring in the hack-and-dump operation, and the disclosure on Wednesday left many questions unanswered.It did not say why the person was suspected of participating in a conspiracy to interfere with the 2016 election, or whether that person ever testified before a grand jury.Nor did it define “member of the news media” to clarify whether that narrowly meant a traditional journalist or could broadly extend to various types of commentators on current events. (For example, it has been known since September 2018 that Jerome Corsi, a conspiracy theorist and political commentator, was subpoenaed that year.)A Justice Department spokesman declined to provide further clarity, and several former law enforcement officials who were familiar with the Mueller investigation did not respond to requests for information.The disclosure of the scrutiny of a member of the news media was contained in a revision to a report issued by the Trump administration about investigative activities that affected or involved the news media in 2018. The Trump-era version of that report had omitted the episode.The Justice Department under President Biden also issued reports on Wednesday covering such investigative activities in 2019, which the Trump-era department failed to issue, and in 2020. And it provided new details about leak investigations at the end of the Trump administration that sought records for reporters with CNN, The Washington Post and The New York Times.The report for 2019 disclosed another investigative matter apparently related to the special counsel’s office, which by then had issued its final report and closed down. During the prosecution of one of the people who was charged with “obstructing the investigation into Russian interference in the 2016 presidential election,” a U.S. attorney authorized subpoenaing an unnamed member of the news media for testimony, and that person agreed to comply.Prosecutors, however, ultimately did not call that person to testify at the trial. The report did not say whether any subpoena was issued, or whether obtaining one was merely approved. Nor did it say what the person would have testified about.It also did not say whether it was referring to the trial of Roger J. Stone Jr., Mr. Trump’s longtime friend, which took place in 2019. Mr. Stone was charged, among other things, with obstructing one of Congress’s Russia investigations; he was convicted, but then pardoned by Mr. Trump.The 2019 report also glancingly discussed two previously unknown episodes in which the Justice Department investigated members of the news media for “offenses arising from news gathering activities” without saying what those allegations were.One section of the report briefly discussed an investigation into one member of the news media for such offenses. It said the attorney general had authorized prosecutors to use various legal tools to force companies to turn over communications and business records about the target. (The report did not name the attorney general; President Donald J. Trump appointed William P. Barr to the post in February 2019.)In that case, the report said, investigators used a “filter team” in an effort “to minimize the review of news media-related materials and safeguard any such materials.”Another section of the 2019 report discussed an investigation into “employees of a news media entity” for such offenses. It said the attorney general had authorized investigators to conduct voluntary interviews of “two members of the news media employed by a media entity” in connection with the matter, but provided no further details.In contrast to those sparse accounts, the Justice Department also released a detailed timeline of the leak investigations late in the Trump era into sources for reporters with CNN, The Post and The Times, all of which spilled over into the Mr. Biden’s presidency and which the Biden administration disclosed earlier this year.The leak investigations involving CNN, The Times and The Post were opened in August 2017, both involving stories published or aired in preceding months. The chronology did not explain why three years later, there was a sudden urgency to go after the reporters’ communications records.Mr. Barr approved requests to try to obtain a CNN reporter’s communications records in May 2020, the chronology shows. He approved going after the Times reporters’ materials in September 2020. And on Nov. 13, after Mr. Trump lost the presidential election, Mr. Barr approved a request to try to obtain the Post reporters’ communications records.The Justice Department successfully obtained call data — records showing who called whom and when, but not what was said — for the reporters at the three organizations. The chronology said the phone companies had been legally free to reveal that they had received subpoenas, although none did.While the department ultimately obtained some email records for a CNN reporter, Barbara Starr, it did not succeed in getting email records for the Times and Post reporters whose stories were under scrutiny. The Biden-era department ultimately dropped those efforts.Still, the fight over those materials — including the imposition of gag orders on some news media executives, and a delay in notifying the reporters that their materials had been sought and in some cases obtained — spilled over into the Biden administration. The chronology showed that in April Attorney General Merrick B. Garland approved extending a delay in notifying Ms. Starr about the matter.In July, at the direction of Mr. Biden, Mr. Garland barred prosecutors and F.B.I. agents from using subpoenas, search warrants and other tools of legal compulsion to go after reporters’ communications records or force them to testify about confidential sources — a major change in Justice Department policy from practices under recent previous administrations of both parties.At the request of Mr. Garland — who also ordered the production of the timelines — the Justice Department inspector general has opened an investigation into the decision by federal prosecutors to secretly seize the data of reporters, as well as communications records of House Democrats and staff members swept up in leak investigations. More

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      Apple Says It Turned Over Data on Donald McGahn in 2018

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      The company notified Donald F. McGahn II last month that it had been subpoenaed for his account information three years ago.WASHINGTON — The Justice Department subpoenaed Apple for information in February 2018 about an account that belonged to Donald F. McGahn II, President Donald J. Trump’s White House counsel at the time, and barred the company from telling him about it, according to two people briefed on the matter.Apple told Mr. McGahn about the subpoena last month, said one of the people, who spoke on the condition of anonymity to discuss the matter. Mr. McGahn’s wife also received a similar notice from Apple, the person said.It is not clear what F.B.I. agents were investigating, whether Mr. McGahn was their specific focus or whether he was swept up in a larger net because he had communicated with someone who was under scrutiny. As the top lawyer for the 2016 Trump campaign and then the White House counsel, Mr. McGahn was in contact with numerous people who may have drawn attention either as part of the Russia investigation or a later leak inquiry.Still, the disclosure that agents had collected data of a sitting White House counsel, which they kept secret for years, is extraordinary.And it comes amid a political backlash after revelations that the Trump administration secretly seized the personal data of reporters and Democrats in Congress from phone and tech companies while investigating leaks.Democratic leaders on Capitol Hill on Sunday ratcheted up pressure on the Justice Department and former officials to provide a fuller accounting of events. They called on the head of the Justice Department’s national security division, John C. Demers, and the former deputy attorney general, Rod J. Rosenstein, to testify before Congress along with the former attorneys general Jeff Sessions and William P. Barr.A Justice Department spokesman declined to comment, as did a lawyer for Mr. McGahn. An Apple representative did not respond to a request for comment.Apple told Mr. McGahn that it had complied with the subpoena in a timely fashion but declined to tell him what it had provided the government, according to a person briefed on the matter. Under Justice Department policy, gag orders for subpoenas may be renewed for up to a year at a time, suggesting that prosecutors went to court several times to prevent Apple from notifying the McGahns earlier.In investigations, agents sometimes compile a large list of phone numbers and email addresses that were in contact with a subject, and seek to identify all those people by using subpoenas to communications companies for any account information like names, computer addresses and credit card numbers associated with them.Apple told the McGahns that it had received the subpoena on Feb. 23, 2018, according to a person briefed on the matter.Under federal law, prosecutors generally need to obtain permission from a federal judge in order to compel a company like Apple to delay notifying people that their personal information has been subpoenaed, said Paul M. Rosen, a former federal prosecutor and a partner at Crowell and Moring.“There is a lot here we don’t know, including the facts and circumstances surrounding the request for the delay and what was presented to the judge,” Mr. Rosen said. But, he added, prosecutors typically need to prove that either notifying the person “would endanger someone’s safety, risk the destruction of evidence or intimidation of witnesses, or seriously jeopardize an investigation.”The subpoena was issued by a grand jury in the Eastern District of Virginia, the other person familiar with the matter said.It is not clear why prosecutors obtained the subpoena. But several notable developments were unfolding around that time.The federal court in the Eastern District of Virginia was the center of one part of the Russia inquiry led by the special counsel, Robert S. Mueller III, that focused on Paul Manafort, a former chairman of the 2016 Trump presidential campaign.Because Mr. McGahn had been the top lawyer for the Trump campaign in 2016, it is possible that at some earlier point he had been among those in contact with someone whose account the Mueller team was scrutinizing in early 2018.Notably, Mr. Manafort had been hit with new fraud charges unsealed in the Eastern District of Virginia the day before the subpoena. Subsequent developments revealed that Mr. Mueller’s investigators were closely scrutinizing some of his communications accounts in the following days.On the other hand, the Manafort case was largely handled in the District of Columbia, where he faced separate charges. Still, the Mueller team was also working with federal prosecutors in Virginia during that period on an unregistered foreign agent case related to Turkey and a business partner of Michael T. Flynn’s, Mr. Trump’s former national security adviser who had also advised him during the 2016 campaign.It was also around that time that Mr. McGahn was involved in another matter related to the Russia investigation, one that included a leak.In late January 2018, The New York Times reported, based on confidential sourcing, that Mr. Trump had ordered Mr. McGahn the previous June to have the Justice Department remove Mr. Mueller, but Mr. McGahn had refused to do so and threatened to resign. The Washington Post confirmed that account soon after in a follow-up article.The Mueller report — and Mr. McGahn in private testimony before the House Judiciary Committee this month — described Mr. Trump’s anger at Mr. McGahn after the Times article and how he had tried to persuade Mr. McGahn to make a statement falsely denying it. Mr. Trump told aides that Mr. McGahn was a “liar” and a “leaker,” according to former Trump administration officials. In his testimony, Mr. McGahn said that he had been a source for The Post’s follow-up to clarify a nuance — to whom he had conveyed his intentions to resign — but he had not been a source for the original Times article.There are reasons to doubt that Mr. McGahn was the target of any Justice Department leak investigation stemming from that episode, however. Information about Mr. Trump’s orders to dismiss Mr. Mueller, for example, would not appear to be a classified national-security secret of the sort that it can be a crime to disclose.Yet another roughly concurrent event was a Justice Department investigation into unauthorized disclosures of information about the Russia inquiry. As part of that investigation, prosecutors sent Apple a subpoena on Feb. 6, 2018, for data on congressional staff members, their families and at least two members of Congress. Apple only recently informed those targeted because it had been prohibited from disclosing the subpoena at the time.Among those whose data was seized were two Democrats on the House Intelligence Committee: Representatives Eric Swalwell and Adam B. Schiff, both of California. Mr. Schiff, a sharp political adversary of Mr. Trump, is now the panel’s chairman. The Times first reported on that subpoena last week.Many questions remain unanswered about the events leading up to the subpoenas, including how high they were authorized in the Trump Justice Department and whether investigators anticipated or hoped that they were going to sweep in data on the politically prominent lawmakers. The subpoena sought data on 109 email addresses and phone numbers.In that case, the leak investigation appeared to have been primarily focused on Michael Bahar, then a staff member on the House Intelligence Committee. People close to Mr. Sessions and Mr. Rosenstein, the top two Justice Department officials at the time, have said that neither knew that prosecutors had sought data about the accounts of lawmakers for that investigation.It remains unclear whether agents were pursuing a theory that Mr. Bahar had leaked on his own or whether they suspected him of talking to reporters with the approval of lawmakers. Either way, it appears they were unable to prove their suspicions that he was the source of any unauthorized disclosures; the case has been closed, and no charges were brought.Speaker Nancy Pelosi on Sunday called for Mr. Barr, Mr. Sessions and Mr. Rosenstein to testify before Congress about the subpoenas. She said that what the Justice Department did under Mr. Trump went “even beyond Richard Nixon” but declined to say whether a congressional committee would compel their testimony.“Let’s hope they will want to honor the rule of law,” she said. “The Justice Department has been rogue under President Trump.”Senator Chuck Schumer of New York, the majority leader, called for anyone potentially involved in the subpoenas, including Mr. Demers, to testify before Congress. “The sins of the Trump administration just continue to pile up,” he said at a news conference in New York.“This was nothing less than a gross abuse of power, an assault on the separation of powers,” Mr. Schumer said, warning that if the men would not testify, lawmakers would subpoena them.He also called on Senate Republicans to join Democrats in voting for congressional subpoenas to compel testimony.On CBS, Senator Susan Collins, Republican of Maine, called the allegations “serious” but said only that she was backing an investigation into the matter by the Justice Department’s independent inspector general that was announced on Friday.Katie Benner More

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      McGahn Affirmed That Trump Tried to Oust Mueller

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      The former White House counsel testified behind closed doors last week about the former president’s attempts to interfere with the Russia investigation.WASHINGTON — Donald F. McGahn II, who served as White House counsel to former President Donald J. Trump, has told lawmakers that episodes involving him in the Russia report by the special counsel, Robert S. Mueller III, were accurate — including one Mr. Trump has denied in which the president pressed him to get the Justice Department to remove Mr. Mueller.A 241-page transcript of Mr. McGahn’s closed-door testimony from last week, released on Wednesday by the House Judiciary Committee, contained no major revelations. But it opened a window on Mr. McGahn’s struggles to serve as the top lawyer in a chaotic White House, under a president who often pushed the limits of appropriate behavior.“They don’t teach you this in law school,” Mr. McGahn said of one episode he witnessed in which Mr. Trump was trying to get his attorney general at the time, Jeff Sessions, to resign because he had recused himself from the Russia investigation.Mr. McGahn was a major witness to many of the episodes outlined in the second volume of the Mueller report, which focused on actions Mr. Trump took to obstruct the investigation. After then-Attorney General William P. Barr — who said none of those episodes amounted to a chargeable crime — released most of the report in 2019, Democrats subpoenaed Mr. McGahn, hoping for a dramatic televised hearing.But the Trump Justice Department fought to block the subpoena, leading to a protracted and complex court battle. It came to an end when the Biden Justice Department struck a deal with House Democrats to permit Mr. McGahn to testify, but under strict limits: It would take place in private, and he could only be asked about information in the public portions of the Mueller report.While the testimony was belated and limited, the chairman of the Judiciary Committee, Representative Jerrold Nadler, Democrat of New York, portrayed it as important.“Mr. McGahn provided the committee with substantial new information,” Mr. Nadler said in a statement accompanying the transcript release. He added, “All told, Mr. McGahn’s testimony gives us a fresh look at how dangerously close President Trump brought us to, in Mr. McGahn’s words, the ‘point of no return.’”Mr. McGahn used that phrase when a staff lawyer for House Democrats grilled him at length about Mr. Trump’s efforts to get him to tell the deputy attorney general at the time, Rod J. Rosenstein, to remove Mr. Mueller over a dubious claim that the special counsel had a conflict of interest — which Mr. McGahn refused to do, believing it could “cause this to spiral out of control.”After Mr. Trump called him at home on a Saturday in 2017 to pressure him again to tell Mr. Rosenstein to oust Mr. Mueller, for example, Mr. McGahn testified, he was deeply concerned.“After I got off the phone with the president, how did I feel?” he said. “Oof. Frustrated, perturbed, trapped. Many emotions.”Fearing that conveying the directive might instead prompt Mr. Rosenstein to resign and touch off a crisis akin to President Nixon’s Saturday Night Massacre during the Watergate scandal, Mr. McGahn instead prepared to resign if Mr. Trump did not relent. He told several colleagues at the White House about his intention, although not Mr. Trump himself. But the crisis instead blew over for a time.In his testimony, Mr. McGahn acknowledged that he was afraid that if Mr. Trump removed Mr. Mueller or otherwise interfered with the investigation, the action would be used to accuse the president of obstruction of justice. But he was also careful to frame his concerns as being about public relations, without acknowledging that any legal lines were ever crossed.“It didn’t mean the president was meddling, but certainly it would be easily made to look that way,” Mr. McGahn said.The internal furor over Mr. Trump’s previous attempt to oust Mr. Mueller reignited in January 2018, when The New York Times and then The Washington Post reported on the encounter.Mr. Trump was enraged and pushed Mr. McGahn to make a statement denying that the episode had happened, but he refused to do so — because, he said, The Times story was substantially accurate. (Mr. McGahn said that The Post’s follow-up to The Times story was clearer on one issue — whether he had conveyed his threat directly to Mr. Trump — because Mr. McGahn had been a source for The Post in order to explain that nuance.)Mr. McGahn had by then also already told Mr. Mueller’s team about the event — Mr. Trump had ordered him to cooperate with the special counsel — and he feared that Mr. Mueller would consider charging him with making a false statement to law enforcement officials if he contradicted his account.Mr. McGahn also called Mr. Trump’s claim that he never even suggested firing Mr. Mueller “disappointing,” because Mr. Trump “certainly entertained the idea. Certainly seemed to ask a number of people about it. Certainly had a number of conversations with me about something along those lines.”The fight over whether Mr. McGahn would falsely say that Mr. Trump had never asked him to have the special counsel removed by Mr. Rosenstein also led to a vivid moment in the Mueller report where Mr. Trump chastised Mr. McGahn for keeping notes of their conversations, saying it was not something that Roy M. Cohn — a notorious lawyer who was disbarred for unethical conduct, but who Mr. Trump admired — would have done. Cohn died in 1986.“I didn’t really respond,” Mr. McGahn said. “I’ve made my point. And this was not the first time that Roy Cohn has sort of — the ghost of Roy had come into the Oval Office, so it didn’t seem to be a point worth responding to and, you know, he’s the president, he gets the last word.” More

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      McGahn Breaks Little New Ground in Closed-Door Testimony

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      A transcript of the former White House counsel’s appearance, which ended a two-year dispute between the Justice Department and Congress over a subpoena, will be made public next week.WASHINGTON — Donald F. McGahn II, the former White House counsel, answered detailed questions from Congress behind closed doors on Friday about President Donald J. Trump’s efforts to impede the Russia investigation. But Mr. McGahn provided few new revelations, according to people familiar with his testimony.The fact that Mr. McGahn spoke to Congress at all was significant after a multiyear legal battle by the Trump Justice Department to block an April 2019 subpoena for his testimony. That dispute ended last month, when President Biden’s Justice Department, House Democrats and a lawyer for Mr. McGahn reached a compromise under which he finally showed up.Still, the interview by the House Judiciary Committee, attended by only a half dozen or so lawmakers on a summer Friday when Congress was on recess, was an anticlimactic conclusion to a saga that once dominated Capitol Hill. When Democrats first subpoenaed Mr. McGahn, they believed his testimony under oath and on live television could help build public support for impeaching Mr. Trump for obstruction of justice and other matters.Instead, in the time it took to sort out a tangled legal battle, questions about the events Mr. McGahn witnessed have largely faded into the background or been carefully detailed by the special counsel, Robert S. Mueller III. Mr. Trump’s presidency turned up newer issues for which the House impeached him twice — and the Senate acquitted him both times.“I believe we have been vindicated in terms of the intimacy of his involvement and the ultimate conclusions of the Mueller report,” Representative Sheila Jackson Lee, Democrat of Texas, told reporters as she exited the session. “The Congress has to be respected with its subpoena and oversight responsibilities.“Today, we asserted that right,” she added.But under the strict limits imposed by the terms of the deal, Mr. McGahn’s appearance broke little new ground, according to those familiar with it, who spoke on the condition of anonymity because they were not authorized to discuss it. The agreement limited questioning to matters that were described in the publicly available portions of Mr. Mueller’s report.Mr. McGahn will have up to a week to review a transcript for accuracy before it is made public. But the people said that he hewed closely to the account he had already given the special counsel, often telling committee lawyers that his recollections of events from four years ago were no longer sharp.Republicans were pleased to declare the interview a waste of time as they left the session after more than five hours of questioning.“Today, we have the House Democrats on the Judiciary Committee relitigating the Mueller report,” said Representative Jim Jordan of Ohio, the top Republican on the Judiciary Committee. “Don McGahn hasn’t been White House counsel for three years.”Mr. McGahn was a witness to many episodes described in the second volume of the Mueller report, which centered on potential obstruction of justice issues; his name appears there more than 500 times.In June 2017, for example, Mr. Trump called Mr. McGahn at home and ordered him to tell Rod Rosenstein, the deputy attorney general, to fire Mr. Mueller over a dubious claim that the special counsel had a conflict of interest. Mr. McGahn refused and was prepared to resign before Mr. Trump backed off, according to the Mueller report.After the report became public, Mr. Trump claimed on Twitter that he had never told Mr. McGahn to fire Mr. Mueller. Two people familiar with the hearing on Friday said that the session had spent a lengthy period going over that episode, and that Mr. McGahn had testified under oath that the account in Mr. Mueller’s report was accurate.The report also described a related episode that followed a January 2018 report by The New York Times that first brought to public light Mr. Trump’s failed attempt to have Mr. Mueller fired. Mr. Trump tried to bully Mr. McGahn into creating “a record stating he had not been ordered to have the special counsel removed” while also shaming the lawyer for taking notes about their conversations. But Mr. McGahn refused to write the memo.Mr. McGahn was also a major witness to several other episodes recounted in the obstruction volume of Mr. Mueller’s report, including the White House’s handling of the Justice Department’s concerns that Mr. Trump’s first national security adviser, Michael T. Flynn, was vulnerable to blackmail by Russia over false statements he had made about his conversations with the country’s ambassador. Mr. McGahn was also part of deliberations leading to Mr. Trump’s firing of James B. Comey Jr., the F.B.I. director.Mr. Trump had directed Mr. McGahn to speak with Mr. Mueller’s investigators in 2017. In 2019, as it became clear that Mr. McGahn had become a chief witness to many of Mr. Trump’s actions that raised obstruction of justice concerns, the president’s allies — like his personal lawyer Rudy Giuliani — began attacking him.The attacks left Mr. McGahn in a delicate position. He is a hero to the conservative legal movement because he was the chief architect of the Trump administration’s judicial selection process, which filled the federal bench with Federalist Society-style appointees. But Mr. McGahn’s law firm, Jones Day, has many Republican-oriented clients; if Mr. Trump were to order the party faithful to shun the firm as punishment, it could be financially devastating.Democrats were eager to claim Mr. McGahn’s testimony on Friday as a victory despite the lack of new disclosures, saying it upheld the principle that a White House could not prevent a key administration official from testifying before Congress. It added a second precedent to one created in 2009, when the new administration of President Barack Obama struck a deal to end litigation he had inherited over whether President George W. Bush’s former White House counsel, Harriet Miers, would testify about firings of United States attorneys.But because the compromise agreement to permit Mr. McGahn to testify effectively cut short the litigation, a federal appeals court never issued any binding precedent to resolve the long-running ambiguity over whether Congress can sue the executive branch in a subpoena dispute. That means the next time such a clash arises, Mr. Biden or a future president can again stonewall Congress and litigate the same issue all over again.Representative Jerrold Nadler, Democrat of New York and the chairman of the Judiciary Committee, said Mr. McGahn “shed new light on several troubling events today.” But the congressman also described the belated nature of the testimony as a mixed bag.“In one sense, today is a great victory for congressional oversight. By securing Mr. McGahn’s testimony, we have made clear that the executive branch must respect our subpoenas,” he said. “On the other hand, two years is clearly too long to wait to enforce a valid subpoena, and the Trump era has taught us that Congress can no longer depend on good-faith cooperation with our committees.”Mr. Nadler said he planned to advance legislation that would resolve legal disputes over subpoenas to executive branch officials more quickly. More

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      Robert Mueller will take law students behind the decision-making process of the Russia inquiry.

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      Robert S. Mueller III will teach a course at the University of Virginia’s law school intended to take students inside his investigation that concluded Russia had interfered in the 2016 election to help Donald J. Trump, the university announced on Wednesday.The course, called “The Mueller Report and the Role of the Special Counsel,” will be taught by Mr. Mueller alongside three former federal prosecutors: James L. Quarles III, Andrew D. Goldstein and Aaron Zebley, who was Mr. Mueller’s deputy. Mr. Mueller recruited the three men to work on the investigation, which spanned two years of the Trump administration.Mr. Mueller will lead at least one of six in-person classes and said that he hoped to bring in other top prosecutors as guest speakers, according to the university.The course will cover the investigation chronologically, from the hiring of Mr. Mueller as special counsel in 2017 until the inquiry’s conclusion in 2019. The instructors also intend to explain the challenges that prosecutors faced and “the legal and practical context” behind critical decisions, the university said.The final class is expected to focus on obstruction of justice and the role of special counsels in presidential accountability. The Mueller report detailed actions by Mr. Trump that many legal experts said were sufficient to ask a grand jury to indict him on charges of obstruction of justice, but Attorney General William P. Barr cleared him of obstruction soon after the report was completed.The announcement of the course is likely to revive curiosity around the Russian inquiry, which Mr. Trump repeatedly derided as a “witch hunt” and of which Mr. Mueller has seldom spoken publicly. He was a reluctant witness during a closely watched congressional hearing in July 2019, where he testified for nearly seven hours, giving many clipped answers and largely not straying from his report’s conclusions.Last summer, Mr. Mueller wrote an opinion essay for The Washington Post the day after Mr. Trump commuted the prison sentence of his longtime friend Roger J. Stone Jr., a political operative. In the essay, Mr. Mueller defended the prosecution of Mr. Stone for federal crimes as part of the Russia inquiry.“We made every decision in Stone’s case, as in all our cases, based solely on the facts and the law and in accordance with the rule of law,” Mr. Mueller wrote.Mr. Zebley told the University of Virginia that the course instructors would rely on public records to explain the path of the investigation.After the inquiry ended, Mr. Mueller, Mr. Zebley and Mr. Quarles left the Justice Department and returned to the private law firm WilmerHale in Washington, where they are partners. Mr. Goldstein is now a partner at the firm Cooley in Washington. Mr. Mueller and Mr. Zebley are both alumni of the University of Virginia’s law school.All four lawyers had notable careers at the Justice Department and said they were looking forward to sharing those experiences with students, according to the university.“I look forward to engaging with the students this fall,” Mr. Mueller said. More

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      Prosecutors Investigating Whether Ukrainians Meddled in 2020 Election

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      The Brooklyn federal inquiry has examined whether former and current Ukrainian officials tried to interfere in the election, including funneling misleading information through Rudolph W. Giuliani.Federal prosecutors in Brooklyn have been investigating whether several Ukrainian officials helped orchestrate a wide-ranging plan to meddle in the 2020 presidential campaign, including using Rudolph W. Giuliani to spread their misleading claims about President Biden and tilt the election in Donald J. Trump’s favor, according to people with knowledge of the matter. More

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      Justice Dept. Fights to Keep Secret a Memo on Clearing Trump in Russia Inquiry

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      The move put the Biden administration in the position of defending the secrecy of a memo related to the disputed decision to clear President Donald J. Trump.WASHINGTON — The Biden administration has decided to fight a legal battle to keep secret most of a Trump-era Justice Department memo related to Attorney General William P. Barr’s much-disputed declaration in 2019 that cleared President Donald J. Trump of illegally obstructing justice in the Russia investigation.In a late-night filing on Monday, the Justice Department appealed part of a scathing district court ruling that ordered it to make public the entire memo. Two senior department officials wrote the document at the same time that they were helping Mr. Barr draft a letter to Congress claiming that the evidence in the report, which was still secret at the time, was insufficient to charge Mr. Trump with a crime.The still-redacted portion of the document examines nearly a dozen episodes presented as raising obstruction of justice concerns that were detailed in the report by the special counsel, Robert S. Mueller III, and has at least two sections, according to two people briefed on it.One laid out potential legal theories under which Mr. Trump could have been prosecuted, the people said. The other examined whether the evidence for any of the episodes constituted proof beyond a reasonable doubt. The memo is said to conclude that no charge was viable.The decision to keep hiding that analysis from public scrutiny puts the Biden administration in the politically awkward position of trying to cover up a record that would shed new light on an act by Mr. Barr that Democrats consider notorious. But it also enables the department to defend two institutional interests: its ability to keep internal legal analysis secret and the actions of career officials whom a judge accused of misleading the court.The Justice Department did release the first page and a half of the nine-page memo. While Mr. Mueller had declined to render a judgment about whether to prosecute Mr. Trump because the department’s policy was not to charge a sitting president, the memo said that Mr. Barr should offer his opinion of the evidence to shape public understanding of the report.“Although the special counsel recognized the unfairness of levying an accusation against the president without bringing criminal charges, the report’s failure to take a position on the matters described therein might be read to imply such an accusation if the confidential report were released to the public,” wrote Steven A. Engel and Edward C. O’Callaghan, two senior Justice Department officials during the Trump administration.The department also consented to releasing additional portions of the ruling this month by Judge Amy Berman Jackson, in which she had labeled its previous filings to her about the memo as “disingenuous.” Portions of her ruling that discussed the first part of the memo had been redacted.The court on Tuesday unsealed a more fulsome version of the ruling. It revealed that Judge Jackson had also accused the department of having “deliberately obscured” material in the memo that contradicted the notion that Mr. Barr needed to offer a public opinion about the prosecutorial merit of the evidence amassed by Mr. Mueller. The exercise, she said, was instead “purely hypothetical” and fundamentally about “getting a jump on public relations.”Noting that she had discovered the existence of this first part of the memo only after she insisted on reading it for herself rather than relying on the department’s representations about it, Judge Jackson also wrote: “D.O.J. made a strategic decision to pretend as if the first portion of the memorandum was not there and to avoid acknowledging that what the writers were actually discussing was how to neutralize the impact of the report in the court of public opinion.”The new Justice Department filing apologized for — but also defended — its Barr-era assertions to the court about the memo. It said that department officials could have been clearer, but that they were nevertheless accurate on the central legal question: whether the nature of the memo was pre-decisional and deliberative and thus exempt from disclosure. Any missteps, it argued, did not warrant releasing the entire document.Mr. Barr’s claim that the evidence did not show that Mr. Trump had committed any chargeable crime of obstruction has been widely criticized as deeply misleading. Among other fallout, a government watchdog group, CREW, filed a Freedom of Information Act lawsuit in the United States District Court in Washington seeking disclosure materials about the matter, leading to the fight over the memo.The Mueller report itself — which Mr. Barr permitted to become public weeks after his letter to Congress created an impression that the fruits of the inquiry had cleared Mr. Trump of obstruction — detailed several actions by Mr. Trump that many legal specialists say were sufficient to ask a grand jury to indict him on charges of obstruction of justice.Those actions included Mr. Trump’s attempt to bully his White House counsel, Donald F. McGahn II, into putting out a statement or writing a memo that would falsely deny that the president had directed him to fire Mr. Mueller — effectively falsifying evidence that would have contradicted Mr. McGahn’s witness testimony about that event.Mr. McGahn, who refused to relay directions to remove Mr. Mueller and to later falsely deny that episode, according to the Mueller report, will privately testify next week before the House Judiciary Committee about such matters.Mr. Trump’s actions also included dangling a potential pardon to his former campaign chairman, Paul Manafort, to encourage him not to cooperate with investigators.Mr. Trump later pardoned Mr. Manafort, who had refused to cooperate with Mr. Mueller about certain key matters.Testifying before the Senate Judiciary Committee in May 2019, Mr. Barr offered some explanations for why he did not think charges were merited for a few of the 10 episodes that the Mueller report had recounted as raising obstruction concerns. One of the people said that testimony drew upon and dovetailed with the still-hidden portions of the memo.“We took each of the 10 episodes, and we assessed them against the analytical framework that had been set forth by the special counsel,” Mr. Barr said at the time. “And we concluded that the evidence developed during the special counsel’s investigation was not sufficient to establish that the president committed an obstruction of justice offense.”For example, several episodes centered on Mr. Trump’s use, or attempted use, of his power to remove subordinate officials in the executive branch. They included his firing in 2017 of the F.BI. director James B. Comey Jr. — the act that led to Mr. Mueller’s appointment — and his unsuccessful efforts to persuade subordinates to have Mr. Mueller fired.Mr. Barr testified that “as a matter of law,” the obstruction statutes enacted by Congress did not limit the president’s power to remove a special counsel.That view, which is contested, comports with his own sweeping theory of presidential power. Still, in the deliberations, department officials also focused on the lack of historical precedent for prosecuting a current or former president for firing a subordinate, the two people said.In his testimony, Mr. Barr also maintained that the evidence was insufficient to prove that Mr. Trump had deliberately sought to criminally obstruct the investigation, apart from legal theories.For example, Mr. Barr said, a major reason that Mr. Trump fired Mr. Comey was his “refusal to tell the public what he was privately telling the president, which was that the president was not under investigation.” Mr. Trump’s rationale for trying to fire Mr. Mueller was a purported conflict of interest, and had Mr. Trump succeeded, Mr. Barr said, a replacement would “presumably” have been appointed.But the Trump Justice Department never made public its comprehensive analysis of all the episodes the Mueller report laid out. That is the analysis the Biden administration is seeking to keep secret.Judge Jackson had given the department until Monday night to respond to her order to disclose the memo — and, by extension, her finding that officials had been “disingenuous to this court” about its nature in court filings by arguing that it could be lawfully kept secret.In addition to officials omitting the existence of the first part of the memo in descriptions of it that were submitted to her, Judge Jackson also blasted the characterization of the document as pre-decisional. Mr. Barr, she wrote, had already decided not to initiate any prosecution of Mr. Trump when the memo was written, and it was instead about strategy and arguments that could be mustered to support that decision.In its filing, the Biden Justice Department said that the previous filings “could have been clearer, and it deeply regrets the confusion that caused.” But it also insisted that the department’s “declarations and briefs were accurate and submitted in good faith.”The department also put forward a narrow view of the problems with its previous statements about the memo, focusing on imprecision about whether Mr. Barr had been considering whether to commence a prosecution of Mr. Trump at that moment — as it had suggested in some places — or whether he was opining on whether Mr. Trump could be charged after he left office.Although Mr. Engel and Mr. O’Callaghan completed the memo after Mr. Barr had decided to say the evidence would not support obstruction charges, the department argued that the legal analysis portion of the memo memorialized advice they had provided before Mr. Barr made that decision.“The government acknowledges that its briefs could have been clearer, and it deeply regrets the confusion that caused,” the Biden Justice Department’s filing said. “But the government’s counsel and declarants did not intend to mislead the court, and the government respectfully submits” that any missteps still did not warrant releasing the entire memo.Katie Benner More