U.S. Department of Justice
Attorney Work Product // May Contain Material Protected Under Fed. R. Crim. P. 6(e)
The President then told Sessions he should resign as Attorney General.[1] Sessions agreed to submit his resignation and left the Oval Office.[2] Hicks saw the President shortly after Sessions departed and described the President as being extremely upset by the Special Counsel's appointment.[3] Hicks said that she had only seen the President like that one other time, when the Access Hollywood tape came out during the campaign.[4]
The next day, May 18, 2017, FBI agents delivered to McGahn a preservation notice that discussed an investigation related to Comey's termination and directed the White House to preserve all relevant documents.[5] When he received the letter, McGahn issued a document hold to White House staff and instructed them not to send out any burn bags over the weekend while he sorted things out.[6]
Also on May 18, Sessions finalized a resignation letter that stated, "Pursuant to our conversation of yesterday, and at your request, | hereby offer my resignation."[7] Sessions, accompanied by Hunt, brought the letter to the White House and handed it to the President.[8] The President put the resignation letter in his pocket and asked Sessions several times whether he wanted to continue serving as Attorney General.[9] Sessions ultimately told the President he wanted to stay, but it was up to the President.[10] The President said he wanted Sessions to stay.[11] At the conclusion of the meeting, the President shook Sessions's hand but did not return the resignation letter.[12]
When Priebus and Bannon learned that the President was holding onto Sessions's resignation letter, they became concerned that it could be used to influence the Department of Justice.[13] Priebus told Sessions it was not good for the President to have the letter because it
- ↑ Hunt-000041 (Hunt 5/17/17 Notes); Sessions 1/17/18 302, at 14.
- ↑ Hunt-00004 1 (Hunt 5/17/17 Notes); Sessions 1/17/18 302, at 14.
- ↑ Hicks 12/8/17 302, at 21.
- ↑ Hicks 12/8/17 302, at 21. The Access Hollywood tape was released on October 7, 2016, as discussed in Volume I, Section IIT.D.1, supra.
- ↑ McGahn 12/14/17 302, at 9; SCRO1S_000175-82 (Undated Draft Memoranda to White House Staff).
- ↑ McGahn 12/14/17 302, at 9; SCRO1S_000175-82 (Undated Draft Memoranda to White House Staff). The White House Counsel's Office had previously issued a document hold on February 27, 2017. SCRO15_000171 (2/17/17 Memorandum from McGahn to Executive Office of the President Staff).
- ↑ Hunt-000047 (Hunt 5/18/17 Notes); 5/18/17 Letter, Sessions to President Trump (resigning as Attorney General).
- ↑ Hunt-000047-49 (Hunt 5/18/17 Notes); Sessions 1/17/18 302, at 14.
- ↑ Hunt-000047-49 (Hunt 5/18/17 Notes); Sessions 1/17/18 302, at 14.
- ↑ Hunt-000048-49 (Hunt 5/18/17 Notes); Sessions 1/17/18 302, at 14.
- ↑ Sessions 1/17/18 302, at 14.
- ↑ Hunt-000049 (Hunt 5/18/17 Notes).
- ↑ Hunt-000050-51 (Hunt 5/18/17 Notes).
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