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NEW: Transcript of previously secret proffer from Mueller's top appellate lawyer and counselor Michael Dreeben confirms Andy McCabe opened an obstruction of justice investigation into the president *before* the appointment of Robert Mueller as Special Counsel
THREAD
THREAD
Check this thread for background on the relevant court case (a FOIA lawsuit initially trying to get the Comey memos released, then trying to get released the justification for not releasing them):
Some key points of the proffer along with some observations. A link to the full transcript is at the end. It's short, the entire court session only took 10 minutes.
That POTUS was under investigation for obstruction of justice obviously isn't new. But *exactly* WHEN that investigation started hasn't been confirmed. This formerly secret "proffer" narrows it down to between May 9 (@Comey fired) and May 17 (Mueller appointed as SC) 
My belief is that the obstruction investigation paperwork on POTUS was opened by McCabe on May 10 or 11 2017. Why: because there was already an investigative file open at least before May 12 - which is when Comey gave his memos to the FBI, as covered here:
Dreeben confirms that Trump was a "subject" of the obstruction of justice investigation. That's not new either, but it is curious. If you opened an obstruction case pretty solely based on Comey being fired *by Trump* who *else* could ever be the "target" of such an investigation?
Mueller's report pretty much admits that the entire obstruction investigation was actually into the president's conduct, so it's clear the word games here are to pretend Trump isn't the target and they just want to get his side of the story.
Except, according to Trump lawyer John Dowd (speaking to @ByronYork) - Mueller told him personally on March 5 2018 that the president was a "witness-slash-subject" with "no exposure" 🚨🤔 washingtonexaminer.com/opinion/column…
But, just a few weeks before agreeing with Dowd that Trump had "no exposure", Dreeben made this secret proffer - on behalf of Mueller - just a few weeks earlier on Jan 22 2018...
...where a few things are now clear:
a) Trump is *at minimum* a subject, not a mere witness
b) Trump's really the *target*
c) Trump's the only logical target of an investigation started into his conduct
Did Mueller mislead Dowd? 🤔
a) Trump is *at minimum* a subject, not a mere witness
b) Trump's really the *target*
c) Trump's the only logical target of an investigation started into his conduct
Did Mueller mislead Dowd? 🤔
Remember: Comey was the FBI Director & he knew Trump had asked if he could possibly "see his way clear" to "let go" Flynn. Comey DID NOT open an obstruction investigation. So the only reason to open one after Comey is fired is: because Comey got fired. And his buddy McCabe did it
Oh and if it turns out that McCabe opened that obstruction investigation on May 10 2017, then the later excuse that the FBI did it because of what Trump said to Lester Holt is a lie, because that interview wasn't until May 11. Can someone ask Mueller this if he ever testifies? 🤔
It's also now obvious in retrospect that Rosenstein's appointment order letter to Mueller made specific reference to regulation 20 CFR 600.4 to cover obstruction of justice since it would have been easier just to say all the regulations applied to the Special Counsel
Oh & the reason the obstruction investigation starting almost immediately after Comey was fired isn't *new* is because it was leaked to Collusion Media reporters at the Washington Post on June 14 2017. Obviously by either McCabe - or more likely, Mueller's team (who don't leak!)
Finally, the proffer reveals Dreeben's precise role on the Special Counsel ("Counselor" to Mueller) and that he was involved at all stages of the investigation.
/ENDS
/ENDS
Full transcript: documentcloud.org/documents/5992…
