, 22 tweets, 6 min read Read on Twitter
1/ THREAD: between Comey firing (May 7) and Mueller appointment (May 17), McCabe opened an investigation into obstruction of justice, naming Trump. Rosenstein's appointment order mentioned collusion investigation "confirmed" to HPSCI on March 20, but NOT McCabe obstruction file.
2/ I wonder whether Rosenstein even knew that McCabe had opened obstruction investigation.
3/ Mueller muscled past any potential lacuna in the order in respect to obstruction PRIOR to May 17 appointment by unilaterally asserting that Rosenstein's phrase covers "similar" allegations during prior FBI investigation. Not objecting to decision, but noting careful wording
4/ I'll bet that McCabe's investigation opening failed to comply with DIAG policies on multiple counts- dig here. Mueller Report uncharacteristically contained no history of origin of obstruction counts. Like Athena, obstruction counts emerged "fully grown and dressed for battle"
5/ Mueller Report says that, "after appointment", SCOffice "obtained evidence" of six events "relating to" potential obstruction of justice by Trump. Five related to Comey era, while the sixth (Trump Tower) related to incident that emerged early in Mueller era- late Jun/early Jul
6/ interestingly, applying the Mueller Report's own analysis (as I'll show below), the case in respect to these original six obstruction allegations is singularly weak. To the extent that Trump was calling bullshit on original obstruction as well as collusion, he was right.
7/ Trump got really mad at damaging leaks about obstruction investigation by Special Council Office and/or intel community. This is when he had to be restrained by his lawyers from acting precipitously and when he made his most incautious statements.
8/ it's an interesting exercise to isolate the flimsiness of the Comey-era obstruction allegations, which I'll proceed to do in this thread over the next day or so.
9/ before dealing with specifics, as commenter reminded me, McCabe testified to Senate Intelligence Committee on May 11, 2017, during period between Comey firing and Mueller appointment in which McCabe opened obstruction investigation
washingtonpost.com/news/post-poli…
10/ Mueller Report failed to disclose exact date on which McCabe opened obstruction investigation. McCabe memoir theatlantic.com/politics/archi… says that he talked to Trump in evening of May 9 after Comey firing; that he convened Russia team in (morning) May 10, that Trump phoned ..
11/ during May 10 meeting, that he met with Trump, McGahn, Priebus in afternoon May 10 at White House.
12/ McCabe said that he took action "after speaking to Trump hours after" Trump fired Comey.
time.com/5529458/andrew…
13/ considerable detail in McCabe interview with CBS web.archive.org/web/2019021921…

McCabe opened TWO investigations. "did Trump fire Comey to impede the investigation into whether Russia interfered with election" . "If so, was Trump acting on behalf of the Russian government?"
14/ from CBS interview, it appears that McCabe opened the two investigations in his May 10 morning meeting with "Russia team", the morning prior to his May 10 afternoon meeting with White House and day before his May 11 testimony to Senate Intelligence Committee
15/ McCabe said that the predicate for the investigations were "Trump's own statements": 1) that he had asked Comey to "drop the investigation" into Flynn; and 2) that Trump had "asked" Rosenstein to write memo justifying Comey firing, with memo to include a "surprise" request
16/ the Mueller Report contains important new information on this incident, information which has thus far received little/no comment. According to McCabe, Trump asked Rosenstein to "put Russia in memo", which Rosenstein was reluctant to do and didn't do.
17/ Trump referred to Russia in Lester Holt interview, with his comments being widely misinterpreted.
18/ McCabe then discussed the "predication" of the investigations (which should have complied with DIAG requirements for "sensitive" investigations.) His first predicate was Trump's derogatory comments about investigation. On this point, Mueller Report shows Trump was right.
19/ Trump was right that there was no collusion: the FBI, which was relying on the fraudulent Steele dossier, was chasing non-existent phantoms, a hunt for non-existent witches.
20/ McCabe listed four predicate events: 1) T "specifically asked [Comey] to discontinue investigation of Flynn"; 2) T fired Comey & "specifically asked Rosenstein to write memo", "told Rod to include Russia in memo"; 3) Trump public comments on NBC & to Russians in Oval Office
21/ McCabe purported to explain predicate for counter-intelligence file: that Trump's decision to fire Comey had caused them to "wonder" if there was "an inappropriate relationship, a connection between this president and our most fearsome enemy, the government of Russia"?
22/ will return to this later. Starting up another interesting chronology.
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