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Dear Chairman Graham, Chairman Nadler, Ranking Member Feinstein, and Ranking Member Collins:
As a supplement to the notification provided on Friday, March 22, 2019, I am autograph today to admonish you of the arch abstracts accomplished by Special Counsel Robert S. Mueller Ill and to acquaint you about the cachet of my antecedent analysis of the address he has prepared.
The Special Counsel’s Report
On Friday, the Special Counsel submitted to me a “confidential address answer the case or atrophy decisions” he has reached, as appropriate by 28 C.F.R. 600.8(c). This address is advantaged “Report on the Analysis into Russian Arrest in the 2016 Presidential Election.” Although my analysis is ongoing, I accept that it is in the accessible absorption to call the address and to abridge the arch abstracts accomplished by the Special Counsel and the after-effects of his investigation.
The address explains that the Special Counsel and his agents thoroughly advised allegations that associates of the presidential attack of Donald J. Trump, and others associated with it, conspired with the Russian government in its efforts to baffle in the 2016 U.S. presidential election, or approved to arrest the accompanying federal investigations. In the report, the Special Counsel acclaimed that, in commutual his investigation, he active 19 attorneys who were assisted by a aggregation of about 40 FBI agents, intelligence analysts, argumentative accountants, and added able staff. The Special Counsel issued added than 2,800 subpoenas, accomplished about 500 chase warrants, acquired added than 230 orders for advice records, issued about 50 orders acceding use of pen registers, fabricated 13 requests to adopted governments for evidence, and interviewed about 500 witnesses.
The Special Counsel acquired a cardinal of indictments and aesthetics of individuals and entities in affiliation with his investigation, all of which accept been about disclosed. During the advance of his investigation, the Special Counsel additionally referred several affairs to added offices for added action. The address does not acclaim any added indictments, nor did the Special Counsel access any closed indictments that accept yet to be fabricated public. Below, I abridge the arch abstracts set out in the Special Counsel’s report.
Russian Arrest in the 2016 U.S. Presidential Election. The Special Counsel’s address is disconnected into two parts. The aboriginal describes the after-effects of the Special Counsel’s analysis into Russia’s arrest in the 2016 U.S. presidential election. The address outlines the Russian accomplishment to access the acclamation and abstracts crimes committed by bodies associated with the Russian government in affiliation with those efforts. The address added explains that a primary application for the Special Counsel’s analysis was whether any Americans including individuals associated with the Trump attack — abutting the Russian conspiracies to access the election, which would be a federal crime. The Special Counsel’s analysis did not acquisition that the Trump attack or anyone associated with it conspired or accommodating with Russia in its efforts to access the 2016 U.S. presidential election. As the address states: “[T]he analysis did not authorize that associates of the Trump Attack conspired or accommodating with the Russian government in its acclamation arrest activities. “l
The Special Counsel’s analysis bent that there were two capital Russian efforts to access the 2016 election. The aboriginal complex attempts by a Russian organization, the Internet Research Agency (IRA), to conduct bamboozlement and amusing media operations in the United States advised to sow amusing discord, eventually with the aim of interfering with the election. As acclaimed above, the Special Counsel did not acquisition that any U.S. being or Trump attack official or accessory conspired or advisedly accommodating with the IRA in its efforts, although the Special Counsel brought bent accuse adjoin a cardinal of Russian nationals and entities in affiliation with these activities.
The additional aspect complex the Russian government’s efforts to conduct computer hacking operations advised to accumulate and advertise advice to access the election. The Special Counsel begin that Russian government actors auspiciously afraid into computers and acquired emails from bodies affiliated with the Clinton attack and Democratic Party organizations, and about broadcast those abstracts through assorted intermediaries, including WikiLeaks. Based on these activities, the Special Counsel brought bent accuse adjoin a cardinal of Russian aggressive admiral for conspiring to drudge into computers in the United States for purposes of influencing the election. But as acclaimed above, the Special Counsel did not acquisition that the Trump campaign, or anyone associated with it, conspired or accommodating with the Russian government in these efforts, admitting assorted offers from Russian-affiliated individuals to abetment the Trump campaign.
1 In assessing abeyant cabal charges, the Special Counsel additionally advised whether associates of the Trump attack “coordinated” with Russian acclamation arrest activities. The Special Counsel authentic “coordination” as an “agreement—tacit or express—between the Trump Camparusign and the Russian government on acclamation interference.”
Obstruction of Justice. The report’s additional allotment addresses a cardinal of accomplishments by the Admiral — best of which accept been the accountable of accessible advertisement — that the Special Counsel advised as potentially adopting obstruction-of-justice concerns. Afterwards authoritative a “thorough absolute investigation” into these matters, the Special Counsel advised whether to appraise the conduct beneath Department standards administering case and atrophy decisions but ultimately bent not to accomplish a acceptable prosecutorial judgment. The Special Counsel accordingly did not draw a cessation — one way or the added — as to whether the advised conduct constituted obstruction. Instead, for anniversary of the accordant accomplishments investigated, the address sets out affirmation on both abandon of the catechism and leaves changing what the Special Counsel angle as “difficult issues” of law and actuality apropos whether the President’s accomplishments and absorbed could be beheld as obstruction. The Special Counsel states that “while this address does not achieve that the Admiral committed a crime, it additionally does not absolve him.”
The Special Counsel’s accommodation to call the facts of his obstruction analysis afterwards extensive any acknowledged abstracts leaves it to the Attorney General to actuate whether the conduct declared in the address constitutes a crime. Over the advance of the investigation, the Special Counsel’s appointment affianced in discussions with assertive Department admiral apropos abounding of the acknowledged and absolute affairs at affair in the Special Counsel’s obstruction investigation. Afterwards reviewing the Special Counsel’s final address on these issues; consulting with Department officials, including the Appointment of Acknowledged Counsel; and applying the attempt of federal case that adviser our charging decisions, Deputy Attorney General Rod Rosenstein and I accept assured that the affirmation developed during the Special Counsel’s analysis is not acceptable to authorize that the Admiral committed an obstruction-of-justice offense. Our assurance was fabricated afterwards attention to, and is not based on, the built-in considerations that beleaguer the allegation and bent case of a sitting president.
In authoritative this determination, we acclaimed that the Special Counsel accustomed that “the affirmation does not authorize that the Admiral was complex in an basal abomination accompanying to Russian acclamation interference,” and that, while not determinative, the absence of such affirmation bears aloft the President’s absorbed with account to obstruction. About speaking, to access and sustain an obstruction conviction, the government would charge to prove above a reasonable agnosticism that a person, acting with base intent, affianced in adverse conduct with a acceptable antecedent to a awaiting or advised proceeding. In allocation the President’s actions, abounding of which took abode in accessible view, the address identifies no accomplishments that, in our judgment, aggregate adverse conduct, had a antecedent to a awaiting or advised proceeding, and were done with base intent, anniversary of which, beneath the Department’s attempt of federal case allegorical charging decisions, would charge to be accurate above a reasonable agnosticism to authorize an obstruction-ofjustice offense.
Status of the Department’s Review
The accordant regulations contemplate that the Special Counsel’s address will be a “confidential report” to the Attorney General. See Appointment of Special Counsel, 64 Fed. Reg. 37,038, 37,040-41 (July 9, 1999). As I accept ahead stated, however, I am alert of the accessible absorption in this matter. For that reason, my ambition and absorbed is to absolution as abundant of the Special Counsel’s address as I can constant with applicative law, regulations, and Departmental policies.
Based on my discussions with the Special Counsel and my antecedent review, it is credible that the address contains actual that is or could be accountable to Federal Aphorism of Bent Procedure 6(e), which imposes restrictions on the use and acknowledgment of advice apropos to “matter[s] occurring afore [a] admirable jury.” Fed. R. Crim. P. 6(e)(2)(B). Aphorism 6(e) about banned acknowledgment of assertive admirable board advice in a bent analysis and prosecution. Id. Acknowledgment of 6(e) actual above the austere banned set alternating in the aphorism is a abomination in assertive circumstances. See, e.g., 18 U.S.C.
401 (3). This brake protects the candor of admirable board affairs and ensures that the different and invaluable analytic admiral of a admirable board are acclimated carefully for their advised bent amends function.
Given these restrictions, the agenda for processing the address depends in allotment on how bound the Department can analyze the 6(e) actual that by law cannot be fabricated public. I accept requested the abetment of the Special Counsel in anecdotic all 6(e) advice independent in the address as bound as possible. Separately, I additionally charge analyze any advice that could appulse added advancing matters, including those that the Special Counsel has referred to added offices. As anon as that action is complete, I will be in a position to move advanced agilely in free what can be appear in ablaze of applicative law, regulations, and Departmental policies.
As I empiric in my antecedent notification, the Special Counsel regulations accommodate that “the Attorney General may actuate that accessible absolution of’ notifications to your corresponding Committees “would be in the accessible interest.” 28 C.F.R. 600.9(c). I accept so determined, and I will acknowledge this letter to the accessible afterwards carrying it to you.
 See A Sitting Admiral ‘s Amenability to Allegation and Bent Prosecution, 24 Op. O.L.C. 222 (2000).
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