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184-509: The Mueller report , officially titled Report On The Investigation Into Russian Interference In The 2016 Presidential Election , is the official report documenting the findings and conclusions of former Special Counsel Robert Mueller 's investigation into Russian efforts to interfere in the 2016 United States presidential election , allegations of conspiracy or coordination between Donald Trump 's presidential campaign and Russia , and allegations of obstruction of justice . The report

368-588: A Watergate special prosecutor, and so immediately on taking office appointed Archibald Cox under a special one-time regulation. As part of his investigation, in July of that year, Cox first requested and then subpoenaed the Nixon White House tapes ; secret recordings Nixon had made of conversations in the Oval Office and elsewhere. The Nixon administration refused to produce the tapes citing executive privilege , and

552-1077: A president of the United States in Congress Assembled to preside over its deliberation as a neutral discussion moderator . Unrelated to and quite dissimilar from the later office of president of the United States, it was a largely ceremonial position without much influence. In 1783, the Treaty of Paris secured independence for each of the former colonies. With peace at hand, the states each turned toward their own internal affairs. By 1786, Americans found their continental borders besieged and weak and their respective economies in crises as neighboring states agitated trade rivalries with one another. They witnessed their hard currency pouring into foreign markets to pay for imports, their Mediterranean commerce preyed upon by North African pirates , and their foreign-financed Revolutionary War debts unpaid and accruing interest. Civil and political unrest loomed. Events such as

736-485: A pretextual justification for his decision. The four-page Barr letter was written over the course of two days in tandem with a legal memo upon which the letter ostensibly relied and was released to Congress on March 24, purporting to detail the Mueller report's conclusions and announcing Barr's decision not to charge Trump. On March 27, Mueller privately wrote to Barr, stating that Barr's March 24 letter "did not fully capture

920-501: A "disruptive" erosion of his ability to govern. Ford failed to win election to a full term and his successor, Jimmy Carter , failed to win re-election. Ronald Reagan , who had been an actor before beginning his political career, used his talent as a communicator to help reshape the American agenda away from New Deal policies toward more conservative ideology. With the Cold War ending and

1104-526: A "sweetheart" deal in Delaware where he was facing several criminal charges relates to tax evasion and firearm offenses. On 15 July 2024, federal judge Aileen Cannon , in a 93-page ruling, ruled that Jack Smith's appointment and funding were both unconstitutional under Article I, Section 9, Clause 7, of the US Constitution , which prohibits appropriations except when authorized by law. She also ruled that it

1288-586: A Republican) to investigate allegations of bribery at the Post Office Department. In 1905, Roosevelt's attorney general, Philander Knox , appointed Francis Heney as a special prosecutor to investigate the Oregon land fraud scandal . In 1924, Calvin Coolidge appointed two special counsels from the two major parties of the time, Atlee Pomerene (a Democrat ) and Owen Roberts (a Republican ), to investigate

1472-405: A chart to simplify and summarize Mueller's analysis of these episodes in the report. Jurecic does not analyze the episode that occurred when Trump was a presidential candidate or president-elect. Section A of Volume II of the report describes the events of this episode. The report states that the first possible obstruction case was during the 2016 presidential campaign, when questions "arose about

1656-409: A conclusion on what is publicly perceived as having been the raison d'être of the inquiry. Ryan Goodman has examined the Mueller report's findings on collusion. He described the findings as "a series of activities that show strong evidence of collusion. Or, more precisely, it provides significant evidence that Trump Campaign associates coordinated with, cooperated with, encouraged, or gave support to

1840-420: A conflict of interest arises or to avoid even the appearance such a conflict exists. In local state governments, special prosecutors are appointed by a judge, government official, organization, company or group of citizens to prosecute violations of law committed by one or more governmental agents and procure indictments for actions taken under color of state law. Unlike in courts having federal jurisdiction, where

2024-533: A crime was committed by members of the Trump campaign with regard to Russian interference, investigators "applied the framework of conspiracy law", and not the concept of "collusion", because collusion "is not a specific offense or theory of liability found in the United States Code, nor is it a term of art in federal criminal law". They also investigated if members of the Trump campaign "coordinated" with Russia, using

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2208-400: A crime", as investigators decided "not to apply an approach that could potentially result in a judgment that the president committed crimes". Investigators did not make a judgment about whether to charge Trump with a crime, for two main reasons: Firstly, the investigation abided by DOJ Office of Legal Counsel (OLC) opinion written in 2000 that a sitting president cannot be federally indicted ,

2392-559: A delegate for Virginia. When the Constitutional Convention convened in May 1787, the 12 state delegations in attendance ( Rhode Island did not send delegates) brought with them an accumulated experience over a diverse set of institutional arrangements between legislative and executive branches from within their respective state governments. Most states maintained a weak executive without veto or appointment powers, elected annually by

2576-463: A dominant figure in American politics. Historians believe Roosevelt permanently changed the political system by strengthening the presidency, with some key accomplishments including breaking up trusts, conservationism, labor reforms, making personal character as important as the issues, and hand-picking his successor, William Howard Taft . The following decade, Woodrow Wilson led the nation to victory during World War I , although Wilson's proposal for

2760-475: A formal "tacit agreement" approach as "an overly cautious" and "legalistic construct": To most individuals, at some point, persistent parallel conduct coupled with "multiple links" between the participants increasingly suggests that the conduct is coordinated – not coincidentally parallel.... [I]t is not surprising that many are confounded by the Special Counsel's inability, or refusal, to render

2944-534: A good deal of foreign and domestic policy without aid, interference or consent from Congress". Bill Wilson , board member of Americans for Limited Government , opined that the expanded presidency was "the greatest threat ever to individual freedom and democratic rule". Article I, Section   1 of the Constitution vests all lawmaking power in Congress's hands, and Article 1, Section 6, Clause   2 prevents

3128-482: A meeting in the Oval Office . "You were supposed to protect me", Sessions recalled Trump telling him. "Everyone tells me if you get one of these independent counsels it ruins your presidency. It takes years and years and I won't be able to do anything. This is the worst thing that ever happened to me", Trump later said, according to Sessions and Jody Hunt , Sessions' then-chief of staff. Regarding obstruction of justice,

3312-466: A month after taking office. Presidents often grant pardons shortly before leaving office, like when Bill Clinton pardoned Patty Hearst on his last day in office; this is often controversial . Two doctrines concerning executive power have developed that enable the president to exercise executive power with a degree of autonomy. The first is executive privilege , which allows the president to withhold from disclosure any communications made directly to

3496-466: A new special prosecutor had already been appointed, the case was already moot when decided, and the decision was never appealed past the district court . Jaworski continued Cox's pursuit of the White House tapes, but Nixon resisted. He raised separation of powers questions under the U.S. Constitution. Since the special counsel is a member of the executive branch , Nixon argued that the special counsel

3680-638: A new special prosecutor, James Broadhead , to continue the investigation. In 1881, James Garfield appointed the next special prosecutor, William Cook, to investigate the Star route scandal . Cook continued his investigation into the Chester Arthur administration. From 1901 to 1909, during the Theodore Roosevelt administration, special prosecutors were appointed to investigate two scandals. In 1903, Roosevelt appointed two special prosecutors (a Democrat and

3864-943: A number of issues, including representation and voting, and the exact powers to be given the central government. Congress finished work on the Articles of Confederation to establish a perpetual union between the states in November 1777 and sent it to the states for ratification . Under the Articles, which took effect on March 1, 1781, the Congress of the Confederation was a central political authority without any legislative power. It could make its own resolutions, determinations, and regulations, but not any laws, and could not impose any taxes or enforce local commercial regulations upon its citizens. This institutional design reflected how Americans believed

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4048-418: A particular matter, but the decision of whether or not to appoint the independent counsel remained with the attorney general and was not reviewable in court. If the attorney general decided not to appoint an independent counsel in response to such a request, they were only required to respond in writing with the reasons. Although the decision to appoint a special prosecutor was still made by the attorney general,

4232-504: A phone call. After the call, "candidate Trump told Gates that more releases of damaging information would be coming". The report also notes that Trump consistently said that he had no business connections to Russia, despite his company trying to build a Trump Tower in Moscow . "After the election, the President expressed concerns to advisors that reports of Russia's election interference might lead

4416-419: A photo showing him holding up the front page of the conservative Washington Times splashed with a big photo of Barr and the headline: "No Russia Conspiracy, No Collusion." The American Bar Association headlined an article with the title, "Mueller finds no collusion with Russia...", which reflected a quote from Trump in the article: "'It was just announced there was no collusion with Russia,' Trump said Sunday 'It

4600-431: A presidential veto, it requires a two-thirds vote of both houses, which is usually very difficult to achieve except for widely supported bipartisan legislation. The framers of the Constitution feared that Congress would seek to increase its power and enable a "tyranny of the majority", so giving the indirectly elected president a veto was viewed as an important check on the legislative power. While George Washington believed

4784-438: A sexual harassment suit could proceed without delay, even against a sitting president. The 2019 Mueller report on Russian interference in the 2016 presidential election detailed evidence of possible obstruction of justice , but investigators declined to refer Donald Trump for prosecution based on a United States Department of Justice policy against indicting an incumbent president. The report noted that impeachment by Congress

4968-601: A sitting American president led troops in the field", though James Madison briefly took control of artillery units in defense of Washington, D.C. , during the War of 1812 . Abraham Lincoln was deeply involved in overall strategy and in day-to-day operations during the American Civil War , 1861–1865; historians have given Lincoln high praise for his strategic sense and his ability to select and encourage commanders such as Ulysses S. Grant . The present-day operational command of

5152-547: A special counsel rests with the attorney general (or acting attorney general). The current special counsel regulations specify that: The Attorney General, or in cases in which the Attorney General is recused, the Acting Attorney General, will appoint a Special Counsel when he or she determines that criminal investigation of a person or matter is warranted and— The attorney general sets the subject jurisdiction of

5336-437: A stance taken from the start of the investigation. Secondly, investigators did not want to charge Trump because a federal criminal charge would hinder a sitting president's "capacity to govern and potentially preempt constitutional process for addressing presidential misconduct", with a footnote reference to impeachment . Even if charges were recommended in a secret memo or a charging document sealed until Trump's presidency ended,

5520-536: A state visit by a foreign head of state, the president typically hosts a State Arrival Ceremony held on the South Lawn , a custom begun by John F. Kennedy in 1961. This is followed by a state dinner given by the president which is held in the State Dining Room later in the evening. As a national leader, the president also fulfills many less formal ceremonial duties. For example, William Howard Taft started

5704-413: Is head of the executive branch of the federal government and is constitutionally obligated to "take care that the laws be faithfully executed". The executive branch has over four million employees, including the military. Presidents make political appointments . An incoming president may make up to 4,000 upon taking office, 1200 of which must be confirmed by the U.S. Senate . Ambassadors , members of

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5888-497: Is saying that nobody in the campaign had any contacts with Russia. False reporting is saying that there has been no suggestion of any kind of collusion between the campaign and any Russians." Giuliani: "You just misstated my position. I never said there was no collusion between the campaign, or between people in the campaign." Cuomo: "Yes, you have." After his comments on CNN, Giuliani made statements that NPR described as an "apparent reversal" from his TV interview: He said "'there

6072-421: Is significantly shaped by the outcome of presidential elections, with presidents taking an active role in promoting their policy priorities to members of Congress who are often electorally dependent on the president. In recent decades, presidents have also made increasing use of executive orders , agency regulations, and judicial appointments to shape domestic policy. The president is elected indirectly through

6256-685: Is the 46th and current president, having assumed office on January 20, 2021. President-elect Donald Trump is scheduled to be inaugurated as the 47th president on January 20, 2025. During the American Revolutionary War , the Thirteen Colonies , represented by the Second Continental Congress in Philadelphia , declared themselves to be independent sovereign states and no longer under British rule. The affirmation

6440-556: Is to be commander-in-chief of the army and navy of the United States.   ... It would amount to nothing more than the supreme command and direction of the military and naval forces   ... while that [the power] of the British king extends to the DECLARING of war and to the RAISING and REGULATING of fleets and armies, all [of] which   ... would appertain to the legislature. [Emphasis in

6624-560: Is ultimately answerable to the president and that the president could not be compelled by a subpoena issued by his own subordinate. The tapes were ultimately released following the Supreme Court decision in United States v. Nixon . Nixon resigned the presidency on August 9, 1974, and Jaworski resigned about two and a half months later, to be replaced by his (and Cox's) deputy, Henry Ruth Jr.—who in turn resigned in 1975, leaving Charles Ruff

6808-530: The Cabinet , and various officers , are among the positions filled by presidential appointment with Senate confirmation. The power of a president to fire executive officials has long been a contentious political issue. Generally, a president may remove executive officials at will. However, Congress can curtail and constrain a president's authority to fire commissioners of independent regulatory agencies and certain inferior executive officers by statute . To manage

6992-555: The Electoral College to a four-year term, along with the vice president . Under the Twenty-second Amendment , ratified in 1951, no person who has been elected to two presidential terms may be elected to a third. In addition, nine vice presidents have become president by virtue of a president's intra-term death or resignation . In all, 45 individuals have served 46 presidencies spanning 58 four-year terms. Joe Biden

7176-631: The January 6 United States Capitol attack and handling of classified documents . On January 12, 2023, Garland appointed Robert Hur special counsel to investigate Joe Biden 's storage of classified materials. On August 11, 2023 Merrick Garland appointed David C. Weiss special counsel to investigate Joe Biden 's son Hunter Biden stemming from nearly five years of federal investigations into felony tax evasion, illegal foreign lobbying, money laundering, and other possible crimes. This development came shortly after Republicans alleged that Hunter received

7360-742: The League of Nations was rejected by the Senate. Warren Harding , while popular in office, would see his legacy tarnished by scandals, especially Teapot Dome , and Herbert Hoover quickly became very unpopular after failing to alleviate the Great Depression . The ascendancy of Franklin D. Roosevelt in 1933 led further toward what historians now describe as the Imperial presidency . Backed by enormous Democratic majorities in Congress and public support for major change, Roosevelt's New Deal dramatically increased

7544-636: The Newburgh Conspiracy and Shays' Rebellion demonstrated that the Articles of Confederation were not working. Following the successful resolution of commercial and fishing disputes between Virginia and Maryland at the Mount Vernon Conference in 1785, Virginia called for a trade conference between all the states, set for September 1786 in Annapolis, Maryland , with an aim toward resolving further-reaching interstate commercial antagonisms. When

Mueller report - Misplaced Pages Continue

7728-552: The Supreme Court of the United States . However, these nominations require Senate confirmation before they may take office. Securing Senate approval can provide a major obstacle for presidents who wish to orient the federal judiciary toward a particular ideological stance. When nominating judges to U.S. district courts , presidents often respect the long-standing tradition of senatorial courtesy . Presidents may also grant pardons and reprieves . Gerald Ford pardoned Richard Nixon

7912-464: The Teapot Dome scandal . This appointment was unique in that it was mandated under a special Congressional joint resolution, and was subject to approval in the Senate, similar to a cabinet appointment. This process was unique in the history of federal special prosecutors. In 1952, Harry Truman appointed Newbold Morris as a "special assistant to the Attorney General" to investigate the corruption at

8096-665: The Tennessee Republican Party ), @jenn_abrams, and @Pamela_Moore13 (both claimed to be Trump supporters and both had 70,000 followers). Several Trump campaign members ( Donald J. Trump Jr. , Eric Trump , Kellyanne Conway , Brad Parscale , and Michael Flynn ) linked or reposted material from the IRA's @TEN_GOP Twitter account listed above. Other people who responded to IRA social media accounts include Michael McFaul , Sean Hannity , Roger Stone , and Michael G. Flynn (Michael Flynn's son). The second method of Russian interference saw

8280-584: The Trump campaign and many of which are still being tried. The investigation issued over 2,800 subpoenas , executed almost 500 search warrants , and interviewed approximately 500 witnesses. The Mueller report included references to 14 criminal investigations that were referred to other offices, 12 of which were completely redacted in the April 18 release. The other two related to Michael Cohen and Gregory Craig , cases that were already public. Volume I starts on page 1 of

8464-578: The U.S. Constitution emerged. As the nation's first president, George Washington established many norms that would come to define the office. His decision to retire after two terms helped address fears that the nation would devolve into monarchy, and established a precedent that would not be broken until 1940 and would eventually be made permanent by the Twenty-Second Amendment . By the end of his presidency, political parties had developed, with John Adams defeating Thomas Jefferson in 1796,

8648-587: The Watergate scandal , Congress enacted a series of reforms intended to reassert itself. These included the War Powers Resolution , enacted over Nixon's veto in 1973, and the Congressional Budget and Impoundment Control Act of 1974 that sought to strengthen congressional fiscal powers. By 1976, Gerald Ford conceded that "the historic pendulum" had swung toward Congress, raising the possibility of

8832-502: The Watergate scandal , the Supreme Court ruled in United States v. Nixon , 418 U.S. 683 (1974), that executive privilege did not apply in cases where a president was attempting to avoid criminal prosecution. When Bill Clinton attempted to use executive privilege regarding the Lewinsky scandal , the Supreme Court ruled in Clinton v. Jones , 520 U.S. 681 (1997), that

9016-529: The Whitewater controversy , the latter of which ultimately led to the impeachment of Bill Clinton over the Lewinsky scandal . Numerous smaller investigations into cabinet secretaries for relatively minor offenses, such as drug use, were also carried out by independent counsels during this period. During the period 1992–1994 when the independent counsel provisions were not in force, Attorney General Janet Reno appointed Robert Fiske special counsel to investigate

9200-407: The Whitewater controversy . When the law was reauthorized in 1994, Reno invoked it to order an independent counsel be appointed to investigate Whitewater, and suggested Fiske continue in that role. Instead, Ken Starr was given the job by the three-judge panel. Starr resigned and was replaced by Robert Ray in 1999 just before the expiration of the independent counsel statute. Ray formally concluded

9384-485: The convention failed for lack of attendance due to suspicions among most of the other states, Alexander Hamilton of New York led the Annapolis delegates in a call for a convention to offer revisions to the Articles, to be held the next spring in Philadelphia . Prospects for the next convention appeared bleak until James Madison and Edmund Randolph succeeded in securing George Washington 's attendance to Philadelphia as

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9568-634: The policies of the Trump Administration '". Trump responded to the news by tweeting "Great move on delay (by V. Putin) – I always knew he was very smart!" The report details that Trump was warned by Don McGahn and Priebus to not discuss about the Russian investigation with Comey, but Trump did so anyway. The Mueller report described a November 2017 voicemail Flynn's attorneys received from Trump's "personal counsel", reportedly John Dowd , who stated, "[I]f...there's information that implicates

9752-580: The 1830s and 1840s until debates over slavery began pulling the nation apart in the 1850s. Abraham Lincoln 's leadership during the Civil War has led historians to regard him as one of the nation's greatest presidents. The circumstances of the war and Republican domination of Congress made the office very powerful, and Lincoln's re-election in 1864 was the first time a president had been re-elected since Jackson in 1832. After Lincoln's assassination, his successor Andrew Johnson lost all political support and

9936-468: The 2016 United States elections , as well as the FBI investigation into links between Trump associates and Russian officials and spies that Comey was leading. The special counsel also took over the FBI investigation into whether President Trump obstructed justice with Comey. Rosenstein's authority to appoint Mueller arose due to Attorney General Jeff Sessions ' March 2017 recusal of himself from investigations into

10120-430: The 2016 presidential election by Deputy Attorney General Rod Rosenstein after the recusal of Attorney General Jeff Sessions . In December 2020, Attorney General William Barr revealed to Congress that John Durham 's investigation had been granted special counsel status on October 19. On November 18, 2022, Attorney General Garland named Jack Smith special counsel to investigate Donald Trump 's actions regarding

10304-452: The 2016 presidential election"? Benjamin Wittes has written about this: Put another way, what is the story these contacts tell if it's not one of active coordination? They surely aren't, in the aggregate, innocent. They aren't normal business practice for a presidential campaign. When Mueller asks whether they constituted some sort of third avenue for Russian interference, he's really asking, in

10488-695: The Armed Forces is delegated to the Department of Defense and is normally exercised through the secretary of defense . The chairman of the Joint Chiefs of Staff and the Combatant Commands assist with the operation as outlined in the presidentially approved Unified Command Plan (UCP). The president has the power to nominate federal judges , including members of the United States courts of appeals and

10672-458: The Australian government advised US authorities that George Papadopoulos , a foreign policy advisor in the Trump campaign, had met with one of their diplomats in May 2016 and "suggested the Trump team had received some kind of suggestion from Russia" that Russia could release information that would be damaging to Hillary Clinton. Papadopolous had received this suggestion in April 2016, well before it

10856-628: The Bureau of Internal Revenue following Congressional pressure and calls for a special prosecutor. After Morris submitted a lengthy questionnaire on personal finances to be completed by all senior executive officers, he was fired by Attorney General Howard McGrath , who was in turn fired by the president. Following the appointment of a new attorney general, the investigation was continued through regular channels. Before his May 25, 1973 appointment as Richard Nixon 's attorney general, Elliott Richardson had agreed at his Senate confirmation hearing to appoint

11040-489: The Code of Federal Regulations, Title 28, part 600 (28 CFR §600). The regulations restrict the power to fire the special counsel into the hands of the attorney general alone, and they forbid the firing of the special counsel without good cause. They are internal Department of Justice regulations deriving their power from various acts of Congress, codified at U.S. Code, Title 28, section 510 and 515 (28 U.S.C. 510 and 515). Congress has

11224-470: The Constitution grants to the president as commander-in-chief has been the subject of much debate throughout history, with Congress at various times granting the president wide authority and at others attempting to restrict that authority. The framers of the Constitution took care to limit the president's powers regarding the military; Alexander Hamilton explained this in Federalist No. 69 : The President

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11408-583: The FBI's handling of the Waco siege . In 2003, during the George W. Bush administration, Patrick Fitzgerald was appointed special counsel to investigate the Plame affair by Deputy Attorney General James Comey after the recusal of Attorney General John Ashcroft . On May 17, 2017, former FBI Director Robert Mueller was appointed special counsel to take over the previous FBI investigation of Russian interference in

11592-511: The GRU proceeded by arranging releases of damaging hacked material via the WikiLeaks organization and also GRU's false personas " DCLeaks " and " Guccifer 2.0 ". The investigation found there were at least 140 contacts between Trump or 18 of his associates with Russian nationals and WikiLeaks, or their intermediaries, though the contacts were insufficient to show an illegal conspiracy. To establish whether

11776-510: The IRA through IRA-controlled social media accounts. Additionally, in a few instances, IRA employees represented themselves as U.S. persons to communicate with members of the Trump Campaign in an effort to seek assistance and coordination on IRA-organized political rallies inside the United States", the report states. Secondly, the report details a meeting at Trump Tower in June 2016. The intent of

11960-475: The President expressed anger at Sessions for the decision and then privately asked Sessions to "unrecuse". On March 20, Comey publicly disclosed the FBI's Russia investigation . "In the days that followed, the President contacted Comey and other intelligence agency leaders and asked them to push back publicly on the suggestion that the President had any connection to the Russian election-interference effort in order to 'lift

12144-424: The President's aides and associates beyond those already filed". The report notes that Congress has the authority to decide if Trump obstructed justice, and then take further action if obstruction occurred, with investigators writing: "The conclusion that Congress may apply the obstruction laws to the president's corrupt exercise of the powers of office accords with our constitutional system of checks and balances and

12328-467: The President's repeated requests that Comey make such an announcement", the report reads. Trump boasted about the firing of Comey to the Russian foreign minister and U.S. Ambassador of Russia in an Oval Office meeting in May 2017, saying: "I just fired the head of the F.B.I. He was crazy, a real nut job. I faced great pressure because of Russia. That's taken off." Section E of Volume II of the report describes

12512-636: The President, then we've got a national security issue,...so, you know, ...we need some kind of heads up", reiterating the president's "feelings toward Flynn and, that still remains". Flynn's attorneys called Trump's attorney to reiterate that they could no longer share information with him because their joint defense agreement was canceled upon Flynn's guilty plea, at which point the attorney became "indignant and vocal in his disagreement", indicating that Trump would be advised that this represented "hostility" toward him. The New York Times reported on June 9, 2019, that Mueller's office opted to not question Dowd about

12696-550: The Russia/WikiLeaks election interference activities." The Mueller report documented 14 different forms of collusion between the Trump campaign and Russians which Goodman analyzes. Trump and many of his supporters have falsely claimed there was "no collusion", even though Mueller made no conclusion about "collusion", only about "conspiracy" or "coordination", and Mueller pushed back against such claims. Senator Lindsey Graham falsely stated "Mr. Mueller and his team concluded there

12880-636: The Russian military intelligence agency GRU hacking into email accounts owned by volunteers and employees of the Clinton presidential campaign, including that of campaign chairman John Podesta , and also hacking into "the computer networks of the Democratic Congressional Campaign Committee (DCCC) and the Democratic National Committee (DNC)". As a result, the GRU obtained hundreds of thousands of hacked documents, and

13064-421: The Russian government tried to communicate with the Trump campaign. "The investigation identified two different forms of connections between the IRA and members of the Trump Campaign. [...] First, on multiple occasions, members and surrogates of the Trump Campaign promoted – typically by linking, retweeting, or similar methods of reposting – pro-Trump or anti-Clinton content published by

13248-447: The Russian government's apparent support for candidate Trump". The report states that while Trump was publicly skeptical Russia had released emails from Democratic officials, Trump and his aides were also trying to obtain information about "any further planned WikiLeaks releases". According to the report, shortly after a WikiLeaks release, Rick Gates , then Deputy Campaign Chairman, was going to LaGuardia Airport with Trump when Trump took

13432-539: The Special Counsel in writing of the specific reason for their removal. Since the expiration of the independent counsel provisions in the Ethics in Government Act in 1999, as was the case before 1978, neither Congress nor the courts have any official role in the appointment of a special counsel; however, Congress can use other powers to pressure an administration into appointing a special counsel. This happened, for example, in

13616-586: The Special Prosecutor Act and later renamed the Independent Counsel Act, which established formal rules for the appointment of a special prosecutor. The appointment of special prosecutors varied in important ways from appointments made before and since. Majorities of either party within the House or Senate Judiciary Committee could formally request the attorney general to appoint a special prosecutor on

13800-469: The Supreme Court dismissed a case brought by a former Union spy. However, the privilege was not formally recognized by the U.S. Supreme Court until United States v. Reynolds 345 U.S. 1 (1953), where it was held to be a common law evidentiary privilege. Before the September 11 attacks , use of the privilege had been rare, but increasing in frequency. Since 2001, the government has asserted

13984-461: The Trump campaign. According to its authorizing document, which was signed by then-Deputy Attorney General Rod Rosenstein on May 17, 2017, the investigation's scope included allegations that there were links or coordination between President Donald Trump 's presidential campaign and the Russian government as well as "any matters that arose or may arise directly from the investigation". The authorizing document also included "any other matters within

14168-504: The United States ( POTUS ) is the head of state and head of government of the United States of America . The president directs the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces . The power of the presidency has grown substantially since the first president, George Washington , took office in 1789. While presidential power has ebbed and flowed over time,

14352-483: The United States and other countries. Such agreements, upon receiving the advice and consent of the U.S. Senate (by a two-thirds majority vote), become binding with the force of federal law. While foreign affairs has always been a significant element of presidential responsibilities, advances in technology since the Constitution's adoption have increased presidential power. Where formerly ambassadors were vested with significant power to independently negotiate on behalf of

14536-578: The United States becoming the world's undisputed leading power, Bill Clinton , George W. Bush , and Barack Obama each served two terms as president. Meanwhile, Congress and the nation gradually became more politically polarized, especially following the 1994 mid-term elections that saw Republicans control the House for the first time in 40 years, and the rise of routine filibusters in the Senate in recent decades. Recent presidents have thus increasingly focused on executive orders , agency regulations, and judicial appointments to implement major policies, at

14720-423: The United States, presidents now routinely meet directly with leaders of foreign countries. One of the most important of executive powers is the president's role as commander-in-chief of the United States Armed Forces . The power to declare war is constitutionally vested in Congress, but the president has ultimate responsibility for the direction and disposition of the military. The exact degree of authority that

14904-468: The White House". Presidents have been criticized for making signing statements when signing congressional legislation about how they understand a bill or plan to execute it. This practice has been criticized by the American Bar Association as unconstitutional. Conservative commentator George Will wrote of an "increasingly swollen executive branch" and "the eclipse of Congress". To allow

15088-587: The Whitewater investigation in 2003. Since the expiration of the independent counsel statute in 1999, there has been no federal statutory law governing the appointment of a special counsel. Upon the law's expiration in 1999, the Justice Department, under Attorney General Janet Reno, promulgated procedural regulations governing the appointment of special counsels. In 1999, these regulations were used by Reno to appoint John Danforth special counsel to investigate

15272-641: The actual selection of the special prosecutor was made by a three-judge panel called the Special Division, selected from the Courts of Appeals. The law did not allow special prosecutors to be removed except under specific circumstances such as wrongdoing or incapacitation. The special prosecutor provisions in the bill were temporary but were reauthorized by Congress in 1983 and 1987, expiring five years later in 1992; they were reinstated for another five years in 1994 before expiring again in 1999. The constitutionality of

15456-496: The appointment of Watergate special prosecutor Archibald Cox; senators secured a promise from Attorney General nominee Richardson to appoint a Watergate special prosecutor as a condition of his confirmation. Congress also has independent authority to investigate the president and their close associates through Congressional hearings as part of its government oversight role. Special prosecutors are appointed in state court with greater frequency than federal, and most often in cases where

15640-406: The arguments on this issue made by Supreme Court associate justice Clarence Thomas in his concurrence in the Trump v. United States case decided two weeks earlier. The 1988 Supreme Court case Morrison v. Olson had upheld appointment of special counsels, calling them "inferior officers" and not "officers". Cannon discussed that case, however, arguing that it no longer had any applicability, on

15824-399: The attention of every American". Volume II of the report addresses obstruction of justice. The investigation intentionally took an approach that could not result in a judgment that Trump committed a crime. This decision was based on an Office of Legal Counsel (OLC) opinion that a sitting president is immune from criminal prosecution , and Mueller's belief that it would be unfair to accuse

16008-425: The attorney general (or acting attorney general) from using their statutory authority to appoint a special counsel by other means, as has happened twice. Despite the passage of the Ethics in Government Act the previous year, Paul Curran was appointed to investigate Jimmy Carter's peanut business in 1979 under the attorney general's statutory authority (and was selected by him rather than by a three-judge panel as under

16192-440: The candidacies of Donald Trump and Bernie Sanders , while IRA members were to "use any opportunity to criticize" Hillary Clinton and the rest of the candidates. From June 2016, the IRA organized election rallies in the U.S. "often promoting" Trump's campaign while "opposing" Clinton's campaign. The IRA posed as Americans, hiding their Russian background, while asking Trump campaign members for campaign buttons, flyers, and posters for

16376-461: The cloud' of the ongoing investigation", the report says. Section D of Volume II of the report describes the events of this episode. "In the week leading up to Comey's May 3, 2017, Senate Judiciary Committee testimony, the President told Don McGahn that it would be the last straw if Comey did not set the record straight and publicly announce that the President was not under investigation, despite repeated requests that Comey make such an announcement,"

16560-427: The context, nature, and substance of this office's work and conclusions" and that this led to "public confusion". Barr declined Mueller's request to release the report's introduction and executive summaries ahead of the full report. On April 18, Barr held a 90-minute press conference where he and senior Justice Department officials defended Trump and their decision not to charge him with obstruction, immediately prior to

16744-486: The criminal law and Department of Justice policies. The Special Counsel shall be selected from outside the United States Government. Special Counsels shall agree that their responsibilities as Special Counsel shall take first precedence in their professional lives, and that it may be necessary to devote their full time to the investigation, depending on its complexity and the stage of the investigation. Generally,

16928-461: The criminal statutes prohibit 'homicide' not 'shooting'." Volume II starts on page 208 of the official PDF file of the report and details potential instances of obstruction of justice. Page numbering in the file restarts with Volume II. According to the report, upon learning that Mueller had been appointed as Special Counsel, Trump said "Oh my God. This is terrible. This is the end of my presidency. I'm fucked", to Jeff Sessions when they were having

17112-544: The death of William Henry Harrison and subsequent poor relations between John Tyler and Congress led to further weakening of the office. Including Van Buren, in the 24 years between 1837 and 1861, six presidential terms would be filled by eight different men, with none serving two terms. The Senate played an important role during this period, with the Great Triumvirate of Henry Clay , Daniel Webster , and John C. Calhoun playing key roles in shaping national policy in

17296-428: The definition of "coordination" as having "an agreement – tacit or express – between the Trump campaign and the Russian government on election interference." Investigators further elaborated that merely having "two parties taking actions that were informed by or responsive to the other's actions or interests" was not enough to establish coordination. The special counsel identified two methods

17480-457: The deposed British system of Crown and Parliament ought to have functioned with respect to the royal dominion : a superintending body for matters that concerned the entire empire. The states were out from under any monarchy and assigned some formerly royal prerogatives (e.g., making war, receiving ambassadors, etc.) to Congress; the remaining prerogatives were lodged within their own respective state governments. The members of Congress elected

17664-523: The dispute was fought in court until October. After a Court of Appeals instructed the president to comply with the special prosecutor's subpoena, Nixon ordered the special prosecutor fired. In a constitutional crisis that became known as the Saturday Night Massacre , both the attorney general and deputy attorney general (who had both made promises regarding the special prosecutor in their Senate confirmation hearings) resigned rather than carry out

17848-485: The election. The first method of Russian interference was done through the Internet Research Agency (IRA), waging "a social media campaign that favored presidential candidate Donald J. Trump and disparaged presidential candidate Hillary Clinton ". The IRA also sought to "provoke and amplify political and social discord in the United States". By February 2016, internal IRA documents showed an order to support

18032-423: The events of this episode. Special prosecutor While the most prominent special prosecutors have been those appointed since the 1870s to investigate presidents and those connected to them, the term can also be used to refer to any prosecutor appointed to avoid a conflict of interest or appearance thereof. The concept originates in state law: "state courts have traditionally appointed special prosecutors when

18216-461: The executive branch may draft legislation and then ask senators or representatives to introduce these drafts into Congress. Additionally, the president may attempt to have Congress alter proposed legislation by threatening to veto that legislation unless requested changes are made. Many laws enacted by Congress do not address every possible detail, and either explicitly or implicitly delegate powers of implementation to an appropriate federal agency. As

18400-467: The expense of legislation and congressional power. Presidential elections in the 21st century have reflected this continuing polarization, with no candidate except Obama in 2008 winning by more than five percent of the popular vote and two, George W. Bush and Donald Trump , winning in the Electoral College while losing the popular vote. The nation's Founding Fathers expected the Congress , which

18584-504: The federal government by issuing various types of directives , such as presidential proclamation and executive orders . When the president is lawfully exercising one of the constitutionally conferred presidential responsibilities, the scope of this power is broad. Even so, these directives are subject to judicial review by U.S. federal courts, which can find them to be unconstitutional. Congress can overturn an executive order through legislation. Article II, Section 3, Clause 4 requires

18768-461: The federal level in the U.S.) is generally differentiated by the time period to which they are being applied. The term 'special prosecutor' was used throughout the Watergate era, but was replaced by the less confrontational 'independent counsel' in the 1983 reauthorization of the Ethics in Government Act. Those appointed under that act after 1983 are generally referred to as 'independent counsels'. Since

18952-522: The first U.S. president, firmly established military subordination under civilian authority . In 1794, Washington used his constitutional powers to assemble 12,000 militia to quell the Whiskey Rebellion , a conflict in Western Pennsylvania involving armed farmers and distillers who refused to pay an excise tax on spirits. According to historian Joseph Ellis , this was the "first and only time

19136-497: The first presidentially-appointed special counsel in 1875. In 1875, Ulysses Grant appointed the first federal special prosecutor, John B. Henderson , to investigate the Whiskey Ring scandal. After attempting to stifle Henderson's investigation of the president's personal secretary, Grant fired Henderson on the grounds that Henderson's statements to a grand jury regarding Grant were impertinent. Following criticism, Grant appointed

19320-522: The first truly contested presidential election. After Jefferson defeated Adams in 1800, he and his fellow Virginians James Madison and James Monroe would each serve two terms, eventually dominating the nation's politics during the Era of Good Feelings until Adams' son John Quincy Adams won election in 1824 after the Democratic-Republican Party split. The election of Andrew Jackson in 1828

19504-456: The fourth and final Watergate special prosecutor. Acting under his existing appointment as Watergate special prosecutor, Ruff conducted an unrelated investigation into whether Gerald Ford had misused campaign funds while a congressman, clearing the new president of any wrongdoing. Inspired in part by Watergate, in 1978 Congress passed the Ethics in Government Act . Title VI of this act was known as

19688-417: The government to act quickly in case of a major domestic or international crisis arising when Congress is not in session, the president is empowered by Article II, Section   3 of the Constitution to call a special session of one or both houses of Congress. Since John Adams first did so in 1797, the president has called the full Congress to convene for a special session on 27 occasions. Harry S. Truman

19872-492: The grounds that it concerned special counsels appointed under the special statutory authority of the Independent Counsels Act, which law Congress had since allowed to expire, and hence Smith's appointment was not made under it. In 1999, the Department of Justice under Attorney General Janet Reno promulgated regulations for the future appointment of special counsels. As of 2018 , these regulations remain in effect in

20056-580: The growing federal bureaucracy, presidents have gradually surrounded themselves with many layers of staff, who were eventually organized into the Executive Office of the President of the United States . Within the Executive Office, the president's innermost layer of aides, and their assistants, are located in the White House Office . The president also possesses the power to manage operations of

20240-474: The head of the executive branch, presidents control a vast array of agencies that can issue regulations with little oversight from Congress. In the 20th century, critics charged that too many legislative and budgetary powers that should have belonged to Congress had slid into the hands of presidents. One critic charged that presidents could appoint a "virtual army of 'czars'—each wholly unaccountable to Congress yet tasked with spearheading major policy efforts for

20424-598: The illegality of their conduct; secondly, the office expected difficulty in valuing the promised information that "exceeded the threshold for a criminal violation" of $ 2,000 for a criminal violation and $ 25,000 for a felony punishment. The Report cited several impediments to investigators' ability to acquire information, including witnesses invoking their Fifth Amendment right against self-incrimination, witnesses deleting electronic communications or using encrypted or self-destructing messaging apps, limitations of interviewing attorneys or individuals asserting they were members of

20608-479: The independent counsel law expired in 1999, the term 'special counsel' has been used. This is the term used in the current U.S. government regulations concerning the appointment of special counsels, such as Title 28 CFR . While the term 'special prosecutor' is sometimes used in historical discussions of such figures before 1983, the term 'special counsel' appears to have been frequently used as well, including, for example, in contemporary newspaper accounts describing

20792-411: The individual committed an underlying crime. On obstruction of justice, the report "does not conclude that the President committed a crime, [and] it also does not exonerate him". Since the special counsel's office had decided "not to make a traditional prosecutorial judgment", they "did not draw ultimate conclusions about the President's conduct". The report "does not conclude that the president committed

20976-445: The information could still be leaked. In addition, the special counsel's office rejected the alternative option of accusing Trump of committing a crime without bringing a charge. Investigators felt that this alternative option would be unfair to Trump, as there would be no trial in which Trump could clear his own name. The special counsel's office did not exonerate Trump on obstruction of justice because they were not confident that Trump

21160-486: The investigation and individuals involved in it who could possess evidence adverse to the president, while in private, the president engaged in a series of targeted efforts to control the investigation." However, President Trump's "efforts to influence the investigation were mostly unsuccessful, but that is largely because the persons who surrounded the President declined to carry out orders or accede to his requests." This prevented further obstruction of justice charges "against

21344-534: The law was affirmed by a 7–1 decision of the Supreme Court in the case of Morrison v. Olson . Roughly twenty special prosecutors (called independent counsels after 1983) were appointed under the Ethics in Government Act and its reauthorizations during the Jimmy Carter , Ronald Reagan , George H. W. Bush , and Bill Clinton administrations. These include significant investigations into the Iran–Contra affair and

21528-470: The law), ostensibly because the alleged wrongdoing preceded the passage of the act. Patrick Fitzgerald's appointment as special counsel in 2003 was specifically not made under the 28 CFR 600 regulation. The special counsel regulations specify that a special counsel must be a lawyer from outside the US government, while Fitzgerald was already a federal prosecutor at the time of his appointment. The decision to appoint

21712-461: The leader of the nation with the largest economy by nominal GDP , the president possesses significant domestic and international hard and soft power . For much of the 20th century, especially during the Cold War , the U.S. president was often called "the leader of the free world". Article II of the Constitution establishes the executive branch of the federal government and vests executive power in

21896-422: The legislature to a single term only, sharing power with an executive council, and countered by a strong legislature. New York offered the greatest exception, having a strong, unitary governor with veto and appointment power elected to a three-year term, and eligible for reelection to an indefinite number of terms thereafter. It was through the closed-door negotiations at Philadelphia that the presidency framed in

22080-482: The material from being passed to Congress , despite earlier reassurance by Barr that Trump would not exert privilege. While the report concludes that the investigation "did not establish that members of the Trump campaign conspired or coordinated with the Russian government in its election interference activities", investigators had an incomplete picture of what happened due in part to some communications that were encrypted, deleted, or not saved, as well as testimony that

22264-494: The matter being investigated and/or prosecuted. The choice of whom to appoint is to be made by the attorney general with the following guidelines: An individual named as Special Counsel shall be a lawyer with a reputation for integrity and impartial decisionmaking, and with appropriate experience to ensure both that the investigation will be conducted ably, expeditiously and thoroughly, and that investigative and prosecutorial decisions will be supported by an informed understanding of

22448-483: The media, information obtained through subpoenas that was screened from investigators due to legal privilege, and false or incomplete testimony provided by witnesses. While "conspiracy" or "coordination" was not proven, Mueller's report left many unanswered questions, such as whether the myriad secret contacts between Trump associates and Russians, which they lied about, constituted, using Mueller's words, "a third avenue of attempted Russian interference with or influence on

22632-469: The meeting that the sanctions situation could be 'cooled down' and not escalated". Priebus recalls that President-Elect Trump viewed the sanctions "as an attempt by the Obama Administration to embarrass him by delegitimizing his election". Later that evening, Flynn called Kislyak and requested how Russia should respond to the newly-placed U.S. sanctions: "only in a reciprocal manner, without escalating

22816-476: The meeting was to exchange "dirt" on the Clinton campaign . There was speculation that Trump Jr. told his father. However, the special counsel could not find any evidence that he did. The office declined to pursue charges for two reasons: the office "did not obtain admissible evidence" that would meet the burden of proof principle beyond a reasonable doubt that the campaign officials acted with general knowledge about

23000-506: The office as a position of global leadership. His successors, Harry Truman and Dwight D. Eisenhower , each served two terms as the Cold War led the presidency to be viewed as the " leader of the free world ", while John F. Kennedy was a youthful and popular leader who benefited from the rise of television in the 1960s. After Lyndon B. Johnson lost popular support due to the Vietnam War and Richard Nixon 's presidency collapsed in

23184-527: The order to fire Cox. Solicitor General Robert Bork , who was third in line at the Department of Justice, then fired Cox. Initially, the Nixon White House announced that the office of the special prosecutor had been abolished, but after public outcry Nixon instead had Bork appoint Leon Jaworski as the second Watergate special prosecutor. The firing was ruled illegal in the case of Nader v. Bork , but, as

23368-423: The original.] In the modern era, pursuant to the War Powers Resolution , Congress must authorize any troop deployments longer than 60 days, although that process relies on triggering mechanisms that have never been employed, rendering it ineffectual. Additionally, Congress provides a check to presidential military power through its control over military spending and regulation. Presidents have historically initiated

23552-405: The power to directly limit the firing of special prosecutors or to delegate that power to the Attorney General. An agency regulation promulgated within the authority granted by statute has the force and effect of law, is binding upon the body that issues it, and can not be arbitrarily revoked. The existence of a law or regulations specifying the process to appoint a special counsel has not stopped

23736-412: The presidency has played an increasingly significant role in American political life since the beginning of the 20th century, carrying over into the 21st century with notable expansions during the presidencies of Franklin D. Roosevelt and George W. Bush . In modern times, the president is one of the world's most powerful political figures and the leader of the world's only remaining superpower . As

23920-516: The president (and all other executive branch officers) from simultaneously being a member of Congress. Nevertheless, the modern presidency exerts significant power over legislation, both due to constitutional provisions and historical developments over time. The president's most significant legislative power derives from the Presentment Clause , which gives the president the power to veto any bill passed by Congress . While Congress can override

24104-406: The president believes are needed. Additionally, the president can attempt to shape legislation during the legislative process by exerting influence on individual members of Congress. Presidents possess this power because the Constitution is silent about who can write legislation, but the power is limited because only members of Congress can introduce legislation. The president or other officials of

24288-461: The president in the performance of executive duties. George Washington first claimed the privilege when Congress requested to see Chief Justice John Jay 's notes from an unpopular treaty negotiation with Great Britain . While not enshrined in the Constitution or any other law, Washington's action created the precedent for the privilege. When Nixon tried to use executive privilege as a reason for not turning over subpoenaed evidence to Congress during

24472-504: The president is authorized to adjourn Congress if the House and Senate cannot agree on the time of adjournment; no president has ever had to exercise this power. Suffice it to say that the President is made the sole repository of the executive powers of the United States, and the powers entrusted to him as well as the duties imposed upon him are awesome indeed. Nixon v. General Services Administration , 433 U.S. 425 (1977) ( Rehnquist, J. , dissenting ) The president

24656-492: The president of a crime even without charging him because he would have no opportunity to clear his name in court; furthermore it would undermine Trump's ability to govern and preempt impeachment . As such, the investigation "does not conclude that the President committed a crime"; however, "it also does not exonerate him", with investigators not confident of Trump's innocence. The report describes ten episodes where Trump may have obstructed justice while president and one before he

24840-422: The president personally has absolute immunity from court cases is contested and has been the subject of several Supreme Court decisions. Nixon v. Fitzgerald (1982) dismissed a civil lawsuit against by-then former president Richard Nixon based on his official actions. Clinton v. Jones (1997) decided that a president has no immunity against civil suits for actions taken before becoming president and ruled that

25024-497: The president to "receive Ambassadors." This clause, known as the Reception Clause, has been interpreted to imply that the president possesses broad power over matters of foreign policy, and to provide support for the president's exclusive authority to grant recognition to a foreign government. The Constitution also empowers the president to appoint United States ambassadors, and to propose and chiefly negotiate agreements between

25208-512: The president to recommend such measures to Congress which the president deems "necessary and expedient". This is done through the constitutionally-based State of the Union address, which usually outlines the president's legislative proposals for the coming year, and through other formal and informal communications with Congress. The president can be involved in crafting legislation by suggesting, requesting, or even insisting that Congress enact laws that

25392-486: The president's veto power with the Line Item Veto Act . The legislation empowered the president to sign any spending bill into law while simultaneously striking certain spending items within the bill, particularly any new spending, any amount of discretionary spending, or any new limited tax benefit. Congress could then repass that particular item. If the president then vetoed the new legislation, Congress could override

25576-504: The president. The state secrets privilege allows the president and the executive branch to withhold information or documents from discovery in legal proceedings if such release would harm national security . Precedent for the privilege arose early in the 19th century when Thomas Jefferson refused to release military documents in the treason trial of Aaron Burr and again in Totten v. United States 92 U.S. 105 (1876), when

25760-493: The president. The power includes the execution and enforcement of federal law and the responsibility to appoint federal executive, diplomatic, regulatory, and judicial officers. Based on constitutional provisions empowering the president to appoint and receive ambassadors and conclude treaties with foreign powers, and on subsequent laws enacted by Congress, the modern presidency has primary responsibility for conducting U.S. foreign policy. The role includes responsibility for directing

25944-404: The previous thirty years worked towards "undivided presidential control of the executive branch and its agencies". She criticized proponents of the unitary executive theory for expanding "the many existing uncheckable executive powers—such as executive orders, decrees, memorandums, proclamations, national security directives and legislative signing statements—that already allow presidents to enact

26128-454: The principle that no person is above the law." This phrase was interpreted as a possible reference to Congress potentially initiating impeachment proceedings against President Trump. Some sources such as FactCheck.org , PBS NewsHour , and The New York Times describe the report as detailing eleven episodes where Trump may have possibly obstructed justice; one episode as a presidential candidate or president-elect, and ten episodes while Trump

26312-424: The privilege also could not be used in civil suits. These cases established the legal precedent that executive privilege is valid, although the exact extent of the privilege has yet to be clearly defined. Additionally, federal courts have allowed this privilege to radiate outward and protect other executive branch employees but have weakened that protection for those executive branch communications that do not involve

26496-503: The privilege in more cases and at earlier stages of the litigation, thus in some instances causing dismissal of the suits before reaching the merits of the claims, as in the Ninth Circuit 's ruling in Mohamed v. Jeppesen Dataplan, Inc. Critics of the privilege claim its use has become a tool for the government to cover up illegal or embarrassing government actions. The degree to which

26680-494: The process for going to war, but critics have charged that there have been several conflicts in which presidents did not get official declarations, including Theodore Roosevelt 's military move into Panama in 1903, the Korean War , the Vietnam War , and the invasions of Grenada in 1983 and Panama in 1989. The amount of military detail handled personally by the president in wartime has varied greatly. George Washington,

26864-473: The prosecution or declination decisions reached by the Special Counsel." The current special counsel regulations specify that: The Special Counsel may be disciplined or removed from office only by the personal action of the Attorney General. The Attorney General may remove a Special Counsel for misconduct, dereliction of duty, incapacity, conflict of interest, or for other good cause, including violation of Departmental policies. The Attorney General shall inform

27048-538: The prosecutorial language available to him, what to make of them.... To my mind, anyway, that's the story Mueller told in this section. It may not be a crime, but it is a very deep betrayal. George Croner of the Foreign Policy Research Institute has also expressed his concerns with what he describes as a "curiously flaccid" approach taken by Mueller in dealing with what the public would normally interpret as "coordination". He sees Mueller's dependence on

27232-442: The public release of the Mueller report. Following the release of the Mueller report, Barr's letter was widely criticized as an intentionally misleading effort to shape public perceptions in favor of Trump, with commentators identifying significant factual discrepancies. On May 1, Barr testified that he "didn't exonerate" Trump on obstruction as "that's not what the Justice Department does" and that neither he nor Rosenstein had reviewed

27416-462: The public to question the legitimacy of his election". Section B of Volume II of the report describes the events of this episode. The report outlines Michael Flynn 's, Trump's first National Security Advisor, contact with Russian Ambassador Sergey Kislyak , shortly after the Obama Administration imposed sanctions against Russia on December 29, 2016. Later that day, K. T. McFarland , "who

27600-515: The rallies. The Mueller report detailed that the IRA spent $ 100,000 for over 3,500 Facebook advertisements , which included anti-Clinton and pro-Trump advertisements. The report lists IRA-created groups on Facebook to include "purported conservative groups" (e.g. 'Tea Party News'), "purported Black social justice groups" (e.g. 'Blacktivist') "LGBTQ groups" (e.g. 'LGBT United'), "and religious groups" (e.g. 'United Muslims of America'). The IRA Twitter accounts included @TEN_GOP (claiming to be related to

27784-433: The regular government attorney was disqualified from a case, whether for incapacitation or interest." Because district attorneys' offices work closely with police, some activists argue that cases of police misconduct at the state and local level should be handled by special prosecutors. The terms 'special prosecutor', 'independent counsel', and 'special counsel' have the same fundamental meaning, and their use (at least at

27968-421: The report and focuses on Russian interference and allegations of "conspiracy" or "coordination" between Trump's presidential campaign and Russia, "not the concept of 'collusion'". The Mueller report found that the Russian government "interfered in the 2016 presidential election in sweeping and systematic fashion" and "violated U.S. criminal law". The report relayed two methods by which Russia attempted to influence

28152-426: The report stated that the investigation "did not establish that the President was involved in an underlying crime related to Russian election interference", but investigators wrote that obstruction of justice could still occur "regardless of whether a person committed an underlying wrong". Trump, Barr, Rudy Giuliani and others have persistently and incorrectly maintained that an individual cannot obstruct justice unless

28336-409: The report states. Trump told his aides that he was going to fire Comey on May 5, and did so on May 9. The report notes that Trump fired Comey before he received a recommendation by the Justice Department. "Substantial evidence indicates that the catalyst for the President's decision to fire Comey was Comey's unwillingness to publicly state that the President was not personally under investigation, despite

28520-414: The scope of 28 CFR § 600.4(a) "; enabling the special counsel "to investigate and prosecute" any attempts to interfere with its investigation, "such as perjury , obstruction of justice, destruction of evidence , and intimidation of witnesses ". The Special Counsel investigation ran from May 17, 2017, to March 22, 2019, and resulted in thirty-four indictments , including against several former members of

28704-527: The situation". Afterwards, Flynn briefed McFarland on the call. Flynn said that the Russian response to the sanctions "was not going to be escalatory because Russia wanted a good relationship with the Trump Administration ". On December 30, Russian President Vladimir Putin announced that Russia "would not take retaliatory measures in response to the sanctions at that time and would instead 'plan . . . further steps to restore Russian-US relations based on

28888-487: The size and scope of the federal government, including more executive agencies. The traditionally small presidential staff was greatly expanded, with the Executive Office of the President being created in 1939, none of whom require Senate confirmation. Roosevelt's unprecedented re-election to a third and fourth term, the victory of the United States in World War II , and the nation's growing economy all helped established

29072-402: The special counsel him or herself decides when an investigation will terminate, with or without formal charges being pursued. The special counsel typically issues a final report on their investigation at this time. The current special counsel regulations specify that "At the conclusion of the Special Counsel's work, he or she shall provide the Attorney General with a confidential report explaining

29256-561: The special counsel: The jurisdiction of a Special Counsel shall be established by the Attorney General. The Special Counsel will be provided with a specific factual statement of the matter to be investigated. The jurisdiction of a Special Counsel shall also include the authority to investigate and prosecute federal crimes committed in the course of, and with intent to interfere with, the Special Counsel's investigation, such as perjury, obstruction of justice, destruction of evidence, and intimidation of witnesses; and to conduct appeals arising out of

29440-419: The terms "special counsel" and "independent counsel" have a uniform definition, in state court meanings of legal terms continually vary, but with "special prosecutor" referencing the appointment of an attorney (supra) in contemplation of representation and prosecution of one or more government agent(s) for unlawful conduct. United States President [REDACTED] [REDACTED] The president of

29624-600: The tradition of throwing out the ceremonial first pitch in 1910 at Griffith Stadium , Washington, D.C., on the Washington Senators's Opening Day . Every president since Taft, except for Jimmy Carter , threw out at least one ceremonial first ball or pitch for Opening Day, the All-Star Game , or the World Series , usually with much fanfare. Every president since Theodore Roosevelt has served as honorary president of

29808-615: The underlying evidence in the report. In July 2019, Mueller testified to Congress that a president could be charged with crimes including obstruction of justice after the president left office. On May 9, 2017, President Donald Trump dismissed former Director of the Federal Bureau of Investigation , James Comey , who had been leading an ongoing Federal Bureau of Investigation (FBI) investigation into links between Trump associates and Russian officials and spies . This investigation, code named Crossfire Hurricane , began in July 2016 after

29992-407: The veto by its ordinary means, a two-thirds vote in both houses. In Clinton v. City of New York , 524 U.S. 417 (1998), the U.S. Supreme Court ruled such a legislative alteration of the veto power to be unconstitutional. For most of American history, candidates for president have sought election on the basis of a promised legislative agenda. Article II, Section 3, Clause 2 requires

30176-520: The veto should only be used in cases where a bill was unconstitutional, it is now routinely used in cases where presidents have policy disagreements with a bill. The veto – or threat of a veto – has thus evolved to make the modern presidency a central part of the American legislative process. Specifically, under the Presentment Clause, once a bill has been presented by Congress, the president has three options: In 1996, Congress attempted to enhance

30360-494: The voicemail as potential obstruction of justice, possibly leading to Trump, because the ambiguity of the voicemail raised concerns of violating attorney-client privilege and protracted litigation. Section C of Volume II of the report describes the events of this episode. After Trump learned that then-Attorney General Jeff Sessions planned to recuse himself from the Special Counsel investigation, Trump sought to prevent Session's move. "After Sessions announced his recusal on March 2,

30544-449: The world's most expensive military , which has the second-largest nuclear arsenal . The president also plays a leading role in federal legislation and domestic policymaking. As part of the system of separation of powers , Article I, Section   7 of the Constitution gives the president the power to sign or veto federal legislation. Since modern presidents are typically viewed as leaders of their political parties, major policymaking

30728-488: Was a complete and total exoneration'." In a January 2019 interview with CNN's Chris Cuomo , Trump's attorney, Rudy Giuliani undermined Trump's claim when he "claimed Wednesday night that he 'never said there was no collusion' between President Trump's campaign and Russia leading up to the 2016 presidential election." Giuliani: [complained about] "false reporting" on the Russia investigation. Cuomo: "Mr. Mayor, false reporting

30912-555: Was a significant milestone, as Jackson was not part of the Virginia and Massachusetts elite that had held the presidency for its first 40 years. Jacksonian democracy sought to strengthen the presidency at the expense of Congress, while broadening public participation as the nation rapidly expanded westward. However, his successor, Martin Van Buren , became unpopular after the Panic of 1837 , and

31096-504: Was available as a remedy. As of October 2019, a case was pending in the federal courts regarding access to personal tax returns in a criminal case brought against Donald Trump by the New York County District Attorney alleging violations of New York state law. As head of state , the president represents the United States government to its own people and represents the nation to the rest of the world. For example, during

31280-519: Was clearly innocent, after examining "evidence [they] obtained about the President's actions and intent". The "investigation found multiple acts by the President that were capable of exerting undue influence over law enforcement investigations, including the Russian-interference and obstruction investigations". The report noted that once Trump was aware that he was personally being investigated for obstruction of justice, he started "public attacks on

31464-551: Was disallowed by Article II Section 2 Clause 2, which requires principal officers to be appointed by the President and confirmed by the Senate. Therefore, she dismissed the classified documents case that a grand jury under Smith had brought against former president Donald Trump. Smith's office announced that it would appeal the ruling to the United States Court of Appeals for the Eleventh Circuit . Cannon's ruling adopted

31648-511: Was elected, noting that he privately tried to "control the investigation". The report further states that Congress can decide whether Trump obstructed justice and take action accordingly, referencing impeachment. Even before seeing the Mueller report, Barr had already decided not to charge Trump with obstruction of justice. To this end, upon receiving the report, he tasked the Office of Legal Counsel (OLC) with writing an internal memo that would provide

31832-552: Was false, incomplete, or declined. The report states that Russian interference in the 2016 presidential election was illegal and occurred "in sweeping and systematic fashion", and was welcomed by the Trump campaign as it expected to benefit from such efforts. It also identified multiple links between Trump associates and Russian officials and spies , about which several persons connected to the campaign made false statements and obstructed investigations. Mueller later stated that his investigation's findings of Russian interference "deserves

32016-603: Was made in the Declaration of Independence , which was written predominantly by Thomas Jefferson and adopted unanimously on July 4, 1776, by the Second Continental Congress. Recognizing the necessity of closely coordinating their efforts against the British , the Continental Congress simultaneously began the process of drafting a constitution that would bind the states together. There were long debates on

32200-539: Was nearly removed from office, with Congress remaining powerful during the two-term presidency of Civil War general Ulysses S. Grant . After the end of Reconstruction , Grover Cleveland would eventually become the first Democratic president elected since before the war, running in three consecutive elections (1884, 1888, 1892) and winning twice. In 1900, William McKinley became the first incumbent to win re-election since Grant in 1872. After McKinley's assassination by Leon Czolgosz in 1901, Theodore Roosevelt became

32384-422: Was no collusion by President Trump in any way, shape or form' and that he had 'no knowledge of any collusion by any of the thousands of people who worked on the campaign'." Randall Eliason has questioned whether collusion is not a crime: "Saying the president is off the hook because there is no crime called 'collusion' is akin to claiming the president could shoot someone on 5th Avenue and escape prosecution because

32568-500: Was no collusion." House Minority Leader Kevin McCarthy stated "Nothing we saw today changes the underlying results of the 22-month-long Mueller investigation that ultimately found no collusion". In an April 18, 2019, press conference, Attorney General William Barr "noted that, as the president 'said from the beginning, there was in fact no collusion' with Moscow's attempts to interfere in the election". Representative Matt Gaetz tweeted

32752-544: Was opened by the acting FBI Director at the time, Andrew McCabe , who cited multiple reasons including Comey's firing. After McCabe was later fired from the FBI, he confirmed that he had opened the obstruction investigation, and gave additional reasons for its launch. Eight days after Comey's dismissal, then- Deputy Attorney General Rod Rosenstein appointed Robert Mueller , under 28 CFR § 600.1 , as special counsel to take over and expand an existing FBI counterintelligence investigation into possible Russian interference in

32936-420: Was president: Attorney General William Barr stated that there are ten episodes of potential obstruction. Other sources such as The Washington Post and The Hill also report ten episodes; both omit the episode when Trump was a presidential candidate or president-elect. CBS News counts ten episodes, omitting the one involving Corey Lewandowski . Quinta Jurecic, the managing editor of Lawfare , created

33120-689: Was publicly reported that Russia had damaging information about Clinton (the Democratic National Committee had in June 2016 announced that a Russian hack occurred). Papadopoulos later testified that this "damaging information" was in the form of hacked emails that were stolen from the Democratic Party. Over 130 Democratic lawmakers of the United States Congress called for a special counsel to be appointed in reaction to Comey's firing. CNN reported that within eight days of Comey's dismissal, an FBI investigation on Trump for obstruction of justice

33304-505: Was slated to become the Deputy National Security Advisor ... talked by phone about what, if anything, Flynn should communicate to Kislyak about the sanctions". The report details that based on those conversations, "McFarland informed Flynn that incoming Administration officials at Mar-a-Lago did not want Russia to escalate the situation". Former Chief of Staff Reince Priebus "recalled that McFarland may have mentioned at

33488-415: Was submitted to Attorney General William Barr on March 22, 2019, and a redacted version of the 448-page report was publicly released by the Department of Justice (DOJ) on April 18, 2019. It is divided into two volumes. The redactions from the report and its supporting material were placed under a temporary "protective assertion" of executive privilege by then-President Trump on May 8, 2019, preventing

33672-483: Was the first branch of government described in the Constitution , to be the dominant branch of government; however, they did not expect a strong executive department. However, presidential power has shifted over time, which has resulted in claims that the modern presidency has become too powerful, unchecked, unbalanced, and "monarchist" in nature. In 2008 professor Dana D. Nelson expressed belief that presidents over

33856-684: Was the most recent to do so in July 1948, known as the Turnip Day Session . In addition, prior to ratification of the Twentieth Amendment in 1933, which brought forward the date on which Congress convenes from December to January, newly inaugurated presidents would routinely call the Senate to meet to confirm nominations or ratify treaties. In practice, the power has fallen into disuse in the modern era as Congress now formally remains in session year-round, convening pro forma sessions every three days even when ostensibly in recess. Correspondingly,

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