2) The Aug. 2 Rosenstein Scope Memo was made public as a result of the Manafort trial.
Manafort challenged the validity of Rosenstein’s appointment of Special Counsel Mueller, while also arguing that Mueller’s prosecution fell outside scope of the special counsel jurisdiction.
Manafort challenged the validity of Rosenstein’s appointment of Special Counsel Mueller, while also arguing that Mueller’s prosecution fell outside scope of the special counsel jurisdiction.
3) April 2, 2018 - existence of August '17 memo was a new disclosure.
Up to that point, we knew only of original May '17 appointment document.
Contents of the Rosenstein memo remain classified and most, including members of Congress, don’t know what is within redacted sections.
Up to that point, we knew only of original May '17 appointment document.
Contents of the Rosenstein memo remain classified and most, including members of Congress, don’t know what is within redacted sections.
4) One individual has seen the unredacted version:
U.S. District Judge T.S. Ellis III, who presided over Manafort trial.
He received a copy on May 17, 2018.
U.S. District Judge T.S. Ellis III, who presided over Manafort trial.
He received a copy on May 17, 2018.
5) On 4-4-18, prior to seeing unredacted version, Judge Ellis rebuked Mueller team:
“If I look at the indictment, none of that information has anything to do with links or coordination between the Russian government and individuals associated with the campaign of Donald Trump.”
“If I look at the indictment, none of that information has anything to do with links or coordination between the Russian government and individuals associated with the campaign of Donald Trump.”
6) Judge Ellis:
“You don’t really care about Mr. Manafort’s bank fraud. You really care about what information Mr. Manafort can give you that would reflect on Mr. Trump or lead to his prosecution or impeachment or whatever.
“You don’t really care about Mr. Manafort’s bank fraud. You really care about what information Mr. Manafort can give you that would reflect on Mr. Trump or lead to his prosecution or impeachment or whatever.
7) Mueller Response:
“It’s not appropriate for the government to disclose specific subjects of an investigation when those matters may never result in a charge and when they could jeopardize ongoing criminal investigations, as well as reveal national-security matters.”
“It’s not appropriate for the government to disclose specific subjects of an investigation when those matters may never result in a charge and when they could jeopardize ongoing criminal investigations, as well as reveal national-security matters.”
8) Judge Ellis questioned the shift of other investigations, including Podesta and Michael Cohen, to the Southern District of New York (sarcastically paraphrasing):
“We’re not interested in it because we can’t use this to further our core effort, which is to get to Trump?”
“We’re not interested in it because we can’t use this to further our core effort, which is to get to Trump?”
9) On May 17, Ellis received an unredacted copy of the Rosenstein memo.
The Mueller team provided the “unredacted memorandum” under seal with the U.S. District Court’s Eastern District of Virginia.
The Mueller team provided the “unredacted memorandum” under seal with the U.S. District Court’s Eastern District of Virginia.
10) On June 26, Ellis ruled on Manafort’s dismissal motion and the validity of the Rosenstein memo.
It was a victory for the Mueller team and a seeming change in Ellis’s initial thoughts on May 4.
It was a victory for the Mueller team and a seeming change in Ellis’s initial thoughts on May 4.
11) Judge Ellis:
“The August 2 Scope Memorandum reflects that the Special Counsel was acting within his authority when he sought and obtained the Superseding Indictment against defendant in February 2018.”
“The August 2 Scope Memorandum reflects that the Special Counsel was acting within his authority when he sought and obtained the Superseding Indictment against defendant in February 2018.”
12) Judge Ellis:
“The record makes clear that the Acting Attorney General [Rosenstein] has required the Special Counsel to consult with the Acting Attorney General before investigating matters that might fall under the May 17 Appointment Order."
“The record makes clear that the Acting Attorney General [Rosenstein] has required the Special Counsel to consult with the Acting Attorney General before investigating matters that might fall under the May 17 Appointment Order."
13) Judge Ellis:
“The Acting Attorney General has required the Special Counsel to follow the procedures for gaining additional jurisdiction should the Special Counsel wish to exercise the authority set out in [the May 17 Appointment Order].”
“The Acting Attorney General has required the Special Counsel to follow the procedures for gaining additional jurisdiction should the Special Counsel wish to exercise the authority set out in [the May 17 Appointment Order].”
14) The special counsel investigation is the continuation of the FBI’s probe of “Russian Interference in the 2016 Presidential election - and any potential links or coordination between the Russian government and President Trump’s campaign organization.”
15) Comey noted in his memos that he informed Trump at least three separate times that he wasn’t the subject of the FBI investigation that was later assumed by Mueller.
He did so in 2017 on Jan. 6, Jan. 28, and March 30.
He did so in 2017 on Jan. 6, Jan. 28, and March 30.
16) During a March 30, 2017, call with Trump, Comey also noted he had “briefed the leadership on exactly what we were doing and who we were investigating.
Comey noted he “had told him we weren’t investigating him and that I had told Congressional leadership the same thing.”
Comey noted he “had told him we weren’t investigating him and that I had told Congressional leadership the same thing.”
17) The congressional leadership briefing likely took place on March 15, 2017, as noted in a Jan. 4 memo from Grassley:
“In response to the Committee’s inquiries, the Chairman and Ranking Member received a briefing on March 15, 2017, from then-Director James B. Comey, Jr.
“In response to the Committee’s inquiries, the Chairman and Ranking Member received a briefing on March 15, 2017, from then-Director James B. Comey, Jr.
18) That briefing addressed the Russia investigation, the FBI’s relationship with Steele, and the FBI’s reliance on Mr. Steele’s dossier in two applications it filed for surveillance under the Foreign Intelligence Surveillance Act (FISA)."
19) "On March 17, 2017, the Chairman [Grassley] and Ranking Member [Feinstein] were provided copies of the two relevant FISA applications, which requested authority to conduct surveillance of Carter Page."
20) On March 17, 2017, the Senate Intelligence Committee received a “Classified Document [which] contained both SECRET and TOP SECRET information, including SECRET-level information regarding the identity and activities of the individual referred to in this Indictment as Male-1.”
21) The classified document almost certainly refers to the FISA applications received by the Senate Judiciary Committee on the same day.
Comey would have also briefed SSCI leadership on the Russia investigation at or around the same time as he briefed Grassley and Feinstein.
Comey would have also briefed SSCI leadership on the Russia investigation at or around the same time as he briefed Grassley and Feinstein.
22) Sessions was replaced on an acting basis by Matthew G. Whitaker, who had been Sessions’s chief of staff.
While Rosenstein remained in his current position, it was reported that Whitaker would assume authority over the special counsel investigation.
While Rosenstein remained in his current position, it was reported that Whitaker would assume authority over the special counsel investigation.
23) Whitaker has almost certainly seen the Aug. 2, 2017, memo given its critical nature with regard to the Mueller probe.
Rosenstein remains in his position.
It seems likely that, similarly to Judge Ellis, Whitaker found nothing "untoward" in the Aug. 2, 2017, memo.
Rosenstein remains in his position.
It seems likely that, similarly to Judge Ellis, Whitaker found nothing "untoward" in the Aug. 2, 2017, memo.
24) In a July 15 interview with @MariaBartiromo House Intell Chairman Devin Nunes pointed out a startling fact:
The Muller indictment in July contains the same information as the March 22 House Intelligence Committee Russia report.
The Muller indictment in July contains the same information as the March 22 House Intelligence Committee Russia report.
25) “Almost everything in the indictment, we knew about. On March 22, we released our findings that you have in front of you right there. All you had to do was get Page 4, and you only had to read Chapter 2, and you would have had nearly everything that’s in the indictment."
26) The Mueller investigation, intentionally or otherwise, has three times confirmed there was no collusion on the part of the Trump campaign, while also providing a legal determination that Nunes and his report on Russian interference were correct.
/End
/End
