U.S. Department of Justice
Attorney Work Product // May Contain Material Protected Under Fed. R. Crim. P. 6(e)
Press reports following Comey's March 20 testimony suggested that the FBI was investigating the President, contrary to what Comey had told the President at the end of the January 6, 2017 intelligence assessment briefing.[1] McGahn, Donaldson, and senior advisor Stephen Miller recalled that the President was upset with Comey's testimony and the press coverage that followed because of the suggestion that the President was under investigation.[2] Notes from the White House Counsel's Office dated March 21, 2017, indicate that the President was "beside himself" over Comey's testimony.[3] The President called McGahn repeatedly that day to ask him to intervene with the Department of Justice, and, according to the notes, the President was "getting hotter and hotter, get rid?[4] Officials in the White House Counsel's Office became so concerned that the President would fire Comey that they began drafting a memorandum that examined whether the President needed cause to terminate the FBI director.[5]
At the President's urging, McGahn contacted Boente several times on March 21, 2017, to seek Boente's assistance in having Comey or the Department of Justice correct the misperception that the President was under investigation.[6] Boente did not specifically recall the conversations, although he did remember one conversation with McGahn around this time where McGahn asked if there was a way to speed up or end the Russia investigation as quickly as possible.[7] Boente said McGahn told him the President was under a cloud and it made it hard for him to govern.[8] Boente recalled telling McGahn that there was no good way to shorten the investigation and attempting to do so could erode confidence in the investigation's conclusions.[9] Boente said McGahn agreed and dropped the issue.[10] The President also sought to speak with Boente directly, but McGahn told the President that Boente did not want to talk to the President about the request
- ↑ E.g., Matt Apuzzo et al., F.B.I. Is Investigating Trump's Russia Ties, Comey Confirms, New York Times (Mar. 20, 2017); Andy Greenberg. The FBI Has Been Investigating Trump's Russia Ties Since July, Wired (Mar. 20, 2017); Julie Borger & Spencer Ackerman, Trump-Russia collusion is being investigated by FBI, Comey confirms, Guardian (Mar. 20, 2017); see Comey 1/6/17 Memorandum, at 2.
- ↑ Donaldson 11/6/17 302. at 16-17; S. Miller 10/31/17 302, at 4; McGahn 12/12/17 302, at 5-7.
- ↑ SC_AD_00213 (Donaldson 3/21/17 Notes). The notes from that day also indicate that the President referred to the "Comey bombshell" which "made [him] look like a fool." SC AD 00206 (Donaldson 3/21/17 Notes).
- ↑ $C AD_00210 (Donaldson 3/21/17 Notes).
- ↑ SCRO16 000002-05 (White House Counsel's Office Memorandum). White House Counsel's Office attorney Uttam Dhillon did not recall a triggering event causing the White House Counsel's Office to begin this research. Dhillon 11/21/17 302, at 5. Metadata from the document, which was provided by the White House, establishes that it was created on March 21, 2017.
- ↑ Donaldson 11/6/17 302, at 16-21; McGahn 12/12/17 302, at 5-7.
- ↑ Boente 1/31/18 302, at 5.
- ↑ Boente 1/31/18 302, at 5.
- ↑ Boente 1/31/18 302, at 5.
- ↑ Boente 1/31/18 302, at 5.
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