Special Counsel investigation (Mueller investigation)

The Special Counsel investigation (Mueller investigation) refers to Robert Mueller’s investigation of possible Russian interference in the 2016 presidential election and communications between the Donald J. Trump campaign and Russian agents. Intelligence officials from multiple agencies stated that Russian agents worked to influence the American election by hacking emails of the campaign of Democratic nominee Hillary Clinton and the Democratic National Committee and magnifying divisive messages online. President Barack Obama, in his final weeks in office, ordered intelligence agencies to produce a report on Russian actions before the inauguration.

Deputy Attorney General Rod Rosenstein appointed Mueller to lead the investigation in May 2017 as a way to proceed without interference or partisanship. Mueller, a registered Republican and war veteran, had served under both Republican and Democratic presidents.

Background

Special counsels conduct investigations when the Department of Justice (DOJ) believes an investigation could present a conflict of interest or similar difficulty. Special counsels have the powers of a US attorney. They can subpoena records, prosecute anyone who interferes with an investigation, and bring criminal charges. They may share discoveries with other legal authorities, such as state attorneys. Special counsels choose their own team members from within and without the DOJ.

Special counsels report their findings in a confidential report to the attorney general, who notifies Congress and decides how much, if any, of the report may be made public. The attorney general may dismiss a special counsel for conflict of interest, dereliction of duty, good cause, incapacity, or misconduct.

Robert Mueller (pronounced MUH-ler) was chosen as special counsel because of his long and distinguished legal career. Mueller was a decorated Marine and fought during the Vietnam War. He graduated from Princeton University, earned his MA from New York University, and received his law degree from the University of Virginia. He worked as an attorney in the private sector and in the DOJ. Among his accomplishments, he prosecuted John Gotti, leader of the Gambino crime family in New York in 1991; investigated the 1988 Lockerbie plane bombing; and prosecuted Manuel Noriega, former dictator of Panama, in 1992.

President George W. Bush nominated Mueller to lead the FBI in 2001. The Senate confirmed him unanimously and he was sworn in on September 4. A week later, terrorists attacked the United States. Mueller was instrumental in developing national security policies after 9/11.

Mueller’s ten-year term as FBI head ended after Bush left office. President Obama asked Mueller to remain in his post, and he was confirmed unanimously yet again. At the end of Mueller’s term extension, Obama tapped James Comey to lead the FBI. Comey had served as deputy attorney general under Bush.

Comey was in charge of the FBI during the 2016 presidential campaign and election.

In March of 2017, Comey confirmed that the FBI was investigating contacts and possible cooperation between Trump associates and Russian agents related to the 2016 election. Among the events that prompted the investigation was a 2016 meeting between the Australian high commissioner to London, Alexander Downer, and George Papadopolous, a Trump campaign official. Downer reported that Papadopolous was claiming Russia had offered him information that could prove damaging to Clinton.

On May 9, 2017, Trump fired Comey. Trump said that he acted on the advice of Rosenstein, who was overseeing issues related to the Russia investigation because Attorney General Jeff Sessions had recused himself. Sessions had failed to disclose his own meetings with the Russian ambassador to the United States. A memo by Rosenstein cited Comey’s handling of the investigation into Clinton’s email server as the reason he had lost confidence in Comey.

Two days later, Trump said during a broadcast interview that he had decided to fire Comey before Rosenstein’s memo, and said the Russia investigation was groundless. Comey later alleged that Trump had asked him to end an FBI investigation into national security adviser Michael Flynn. Comey revealed that he had made memos following every conversation he had with Trump. Democrats demanded the appointment of a special prosecutor to handle the Trump-Russia investigation.

Overview

Rod Rosenstein appointed Mueller as special counsel on May 17, 2017. Rosenstein notified White House counsel, who informed Trump. Rosenstein and acting FBI director Andrew McCabe informed leaders of the House and Senate. The scope of the investigation was defined as any links and/or coordination between the government of Russia and any persons connected to the Trump campaign. Mueller was authorized to explore any issues that directly developed from the investigation. He recruited at least eighteen prosecutors and attorneys.

Mueller started on the periphery, with people such as Papadopolous, who were minor figures in the Trump campaign. He then worked his way up the chain to the inner circle. Flynn, for example, lied to Vice President Mike Pence when he said he had no contacts with Russia. Flynn had been paid to attend an event in Moscow in December 2015 and sat beside Vladimir Putin, the president of Russia. Mueller’s team investigated Rich Gates, a campaign deputy, to get information about campaign manager Paul Manafort. Flynn pled guilty; Manafort went to trial and was found guilty. Both men later cut deals with investigators.

The investigation also targeted Michael Cohen, Trump’s personal lawyer. The FBI raided his offices and residences. Cohen gave evidence against Trump, testified publicly before Congress, and was sentenced to three years imprisonment. With each development, Trump attacked the probe. He mischaracterized Mueller and the other investigators as angry Democrats. He used Twitter to call the investigation a “witch hunt.” As of February 2019, the New York Times estimated Trump had attacked the investigation more than one thousand times.

Despite media speculation and Trump’s Twitter attacks, the team remained tight-lipped. Mueller delivered his report to US Attorney General Bill Barr on Friday, March 22, 2019. Barr issued a four-page summary two days later. He stated that Mueller had not found evidence of criminal behavior regarding the Trump campaign and Russia. Trump used Barr’s words to claim complete vindication.

On April 18, Barr released a redacted copy of the report. The information it contained contradicted the earlier assertions by Barr and Trump, and listed about a dozen instances of Trump telling his subordinates to take illegal action. The report made no judgment on whether or not Trump obstructed justice, leaving that determination to Congress and the Department of Justice. Mueller’s team reported multiple contacts between the Trump campaign and Russia, and Trump’s bid for the White House benefited from Russian interference, such as politically sponsored online commentary. Mueller’s report neither proved beyond a reasonable doubt nor ruled out cooperation with the Russians.

All told, the investigation netted criminal charges against three companies and thirty-four individuals, seven guilty pleas, and one trial conviction. In addition to Americans, Mueller indicted thirteen Russian nationals and three Russian groups.

Bibliography

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Gregorian, Dareh. “Meet Mueller’s Team: The Best Prosecutors in the Business or ‘Angry Democrats’?” NBC News, 23 Mar. 2019, www.nbcnews.com/politics/donald-trump/meet-mueller-s-team-best-prosecutors-business-or-angry-democrats-n976226. Accessed 26 Apr. 2019.

Kruzel, John. “No Evidence FBI Officials’ Texts Deliberately Erased, as Donald Trump Said.” PolitiFact, 19 Dec. 2018, www.politifact.com/truth-o-meter/statements/2018/dec/19/donald-trump/no-evidence-fbi-officials-texts-deliberately-erase/. Accessed 26 Apr. 2019.

Levenson, Eric. “Here’s a Timeline Leading Up to James Comey’s Firing and the Fallout It Unleashed.” CNN, 16 May 2017, www.cnn.com/2017/05/11/politics/trump-comey-timeline/index.html. Accessed 24 Apr. 2019.

Parsons, Christi. “U.S. Will Retaliate Against Russian Interference in the Election, Obama Says.” Los Angeles Times, 16 Dec. 2016, www.latimes.com/nation/politics/trailguide/la-na-trailguide-updates-u-s-will-retaliate-against-russian-1481920111-htmlstory.html. Accessed 24 Apr. 2019.

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Valverde, Miriam. “In Context: Comparing Bill Barr’s Summary of Mueller’s Findings to the Publicly Released Report.” PolitiFact, 18 Apr. 2019, www.politifact.com/truth-o-meter/article/2019/apr/18/context-comparing-bill-barrs-summary-mueller-repor/. Accessed 26 Apr. 2019.

Vincent, Michael. “How Robert Mueller Used Mob Boss Prosecution Tactics in the Russia Probe.” ABC, 19 Apr. 2019, www.abc.net.au/news/2019-04-20/mueller-mob-style-investigation/10702382. Accessed 26 Apr. 2019.

Watkins, Eli. “Who Is Robert Mueller?” CNN, 17 Apr. 2019, www.cnn.com/2019/04/17/politics/who-is-robert-mueller/index.html. Accessed 24 Apr. 2019.