Wikisource

Page:Report On The Investigation Into Russian Interference In The 2016 Presidential Election.pdf/262

This page has been validated.

U.S. Department of Justice

Attorney Work Product // May Contain Material Protected Under Fed. R. Crim. P. 6(e)

language in the Code of Federal Regulations (CFR), which Sessions considered to be clear and decisive.[1] Sessions thought that any argument that the CFR did not apply to him was "very thin."[2] Sessions got the impression, based on calls he received from White House officials, that the President was very upset with him and did not think he had done his duty as Attorney General.[3]

Shortly after Sessions announced his recusal, the White House Counsel's Office directed that Sessions should not be contacted about the matter.[4] Internal White House Counsel's Office notes from March 2, 2017, state "No contact w/Sessions" and "No comms / Serious concerns about obstruction."[5]

On March 3, the day after Sessions's recusal, McGahn was called into the Oval Office.[6] Other advisors were there, including Priebus and Bannon.[7] The President opened the conversation by saying, "I don't have a lawyer."[8] The President expressed anger at McGahn about the recusal and brought up Roy Cohn, stating that he wished Cohn was his attorney. [9] McGahn interpreted this comment as directed at him, suggesting that Cohn would fight for the

    which I have recused myself to the extent they exist."); see Exec. Order No. 13775, 82 Fed. Reg. 10697 (Feb. 14, 2017).

  1. ↑ Sessions 1/17/18 302, at 1-2. 28 C.F.R. § 45.2 provides that "no employee shall participate in a criminal investigation or prosecution if he has a personal or political relationship with … [a]ny person or organization substantially involved in the conduct that is the subject of the investigation or prosecution," and defines "political relationship" as "a close identification with an elected official, a candidate (whether or not successful) for elective, public office, a political party, or a campaign organization, arising from service as a principal adviser thereto or a principal official thereof."
  2. ↑ Sessions 1/17/18 302, at 2.
  3. ↑ Sessions 1/17/18 302, at 3.
  4. ↑ Donaldson 11/6/17 302, at 11; SC_AD_00123 (Donaldson 3/2/17 Notes). It is not clear whether the President was aware of the White House Counsel's Office direction not to contact Sessions about his recusal.
  5. ↑ SC_AD_00123 (Donaldson 3/2/17 Notes). McGahn said he believed the note "No comms / Serious concerns about obstruction" may have referred to concerns McGahn had about the press team saying "crazy things" and trying to spin Sessions's recusal in a way that would raise concerns about obstruction. McGahn 11/30/17 302, at 19. Donaldson recalled that "No comms" referred to the order that no one should contact Sessions. Donaldson 11/6/17 302, at 11.
  6. ↑ McGahn 12/12/17 302, at 2.
  7. ↑ McGahn 12/12/17 302, at 2.
  8. ↑ McGahn 12/12/17 302, at 2.
  9. ↑ McGahn 12/12/17 302, at 2. Cohn had previously served as a lawyer for the President during his career as a private businessman. Priebus recalled that when the President talked about Cohn, he said Cohn would win cases for him that had no chance, and that Cohn had done incredible things for him. Priebus 4/3/18 302, at 5. Bannon recalled the President describing Cohn as a winner and a fixer, someone who got things done. Bannon 2/14/18 302, at 6.

50

Retrieved from "https://en.wikisource.org/w/index.php?title=Page:Report_On_The_Investigation_Into_Russian_Interference_In_The_2016_Presidential_Election.pdf/262&oldid=9496898"