USS, Department of Justice Attomey Werk Prod / May- Contain Materia Protected Under Fod-R-Crim=D-6(e) assessing credibility. ‘These include whether a witness had a reason not to el the tth; whether the witness had a good memory; whether the witness had the opportunity to observe the events shout which he testified; whether the witness's testimony was corroborated by other witnesses; tnd whether anything the witness said or wrote previously contradicts his testimony. See, First Circuit Patern Jury Instructions § 1.06 (2018); Fifh Circuit Patern Jury Instructions (Criminal Cases) § 1.08 2012} Seventh Circuit Pattern Jury Instruction § 3.01 (2012), In ation to thse general fictors, we tok into account more specific factors in assessing the ercibiity of unc accounis UF the facts. Tor example, contemporaneous written notes ‘can provide strong corraborating evidence, See United Stats v. Nobles, 422 US. 225,232 (1975) (the fact that “statement appeared inthe contemporancously recorded report... would tend strongly to corroborate the javestigaloe's version of the interview"), Similarly, a witness's recitation of his account before he had any motive to fabricate also supports the witness's txedibility. See Tome v, United States, $13 U.S. 150, 158 (1995) (*A consistent statement that predates the motive is @ square rcbuttal of the charge that the testimony was contrived a5 a ‘onsequence of that motive." Finally, a witness's false description of an encounter can imply consciousness of wrongdoing. See Al-4dahi v. Obama, 613 F.3d 1102, 1107 (D.C. Cir. 2010) (noting the “welLsetled principle that false exculpatory statements are evidence—ofen strong evidence—of guilt), We applied those setled legal principles in evaluating the factual results of ur investigation “US, Department of lustce stones Work Produot Moy Conte Materia retecte- tinder hes fie Be Tr, PACTUAL RESULTS OF THE OBSTRUCTION INVESTIGATION “This section ofthe report deals the evidence we obiained. We fist provide an overview ‘of how Russa became an issue in the 2016 presidental campaign, and how candidate Tramp ‘responded. We then tuen to the key events that we investigated: the residents conduet concerning the FBL investigation of Michael Flyna; the President's reaction to public confirmation ofthe FBI's Russi investigation; events leading upto and surrounding the termination of FBI Director Comey; efforts to terminate the Special Counsel; efforts to curl the scope of the Special Counsel’s Investigation: efors to prevent disclosure oF information abut the Tune 9, 2016 Trap Towes ‘meeting between Russians and senior campaign officials; efforts to have the Attomey Genera unrecuse; and conduct towards MeGahn, Cohen, and ater witnesses. ‘We summarize the evidence we found and then analyze by reference tothe thre statutory ‘obstruction-of justice elements: obstructive act, nexus toa proceeding, and intent, We focus on ‘lements because, by regulation, he Special Counsel has “jurisdiction... to investigate. federal frimes committed in the course of, and with intent to interfere with, the Special Counsel's investigation, suchas perjury, obstruction of justice, destruction of evidence, and intimidation of witnesses” "28 CFR. § 600.4). Consistent with our jurisdiction to investigate federal ‘obstruction crimes, we gathered evidence that is relevant to the elements of those erimes and analyzed them within an elements framework—while refraining. from reaching. ultimate ‘canclisions about whether erimes were committed, forthe reasons explained above. This section Also does not addres legal and constitutional defenses raised by counsel fr the President; those defenses are analyzed in Volume I, Section I, infra ‘A. ‘The Campaign’s Response to Reports About Russian Support for Trump ‘During the 2016 campaign the media raised questions about a possible connection between the Trump Campaign and Russia? The questions intenstied after WikiLeaks released politically ‘damaging Democratic Party emails that were reported to have been hacked by Russia. Trump responded to questions about possible connections (o Russa by denying any business involvement in Russia—even though the Trump Organization had pursued a business project in Russia as late 8 June 2016, ‘Trump also expressed skepticism that Russia had hagked the emails atthe same time as he and other Campaign advisors privately sought information out any further planned WikiLeaks releases. AMer the election, when questions persisted abut possible links between Russia and the Trump Campaign, the President-Elect continued to deny any connections to Russia and privately expressed concerns that reports of Russian election Jterference might lead the public to question the legitimacy of his eletion.* > Tis seston summarizes and ites various news stories nat forthe truth of the ifaraton comand in thesis, bat ater o place candidate Trump's respons o tose stories in context. Volume ofthis report analyzes the undrying fc of several relevant events that were reported on by tbe mei shving the campaign * As discussed in Volume I while he investigation identified numerous links between individuals ith tiesto the Rossin governs and individuals associated withthe Trump Campaign, the evidence ‘was not sufficient to charge that any member of the Trump Campaign conspired or coordinated with representatives of the Russian goverment to trfre inthe 2016 election 1sU.S. Department of Justice Astomey er Predict / May- Contain Motori rotected-tinder Fed-R-CrimB-bte} 1. Press Reports Allege Links Between the Trump Campaign and Russia On June 16, 2015, Donald J. Trump declared his intent to seek nomination 3s the Republican candidate for President? By early 2016, he distinguished himself among Republican ‘candidates by speaking of closer ties with Russia! saying he would get along well with Russian President Viadimir Putin! questioning whether the NATO alliance was obsolete," and praising Putin asa “strong leader.” The press reported that Russian political analysts and commentators perceived Trump as favorable to Russ Beginning in February 2016 and continuing through the summer, the medi reported that several Trump campaign advisors appeared to have tiesto Russia. For example, the pres reported that campaign advisoe Michael Flynn was seated next to Vladimir Putin at an RT gala in Moscow in December 2015 and that Fly had appeared regularly on RT as an analyst ‘The press also reported that foreign policy advisor Carter Page had ties toa Russian state-run gas company, and ‘that campaign chairman Paul Manafort had done work forthe “Russian-backed former Ukrainian president Viktor Yanukovych."” In addition, the press raised questions during the Republican ® @reaiDonaléTramp 616/15 (11:57 am. ET) Tweet "© Se, eg Meet the Press Ieteriew with Donald J. Temp, NBC (Dec. 202015) (Trump: “think 't would bea psitve thing if Russia andthe United Stes scaly go along); President Candidate Donald Tromp News Conference, Hanahan, South Carolin, C-SPAN (Feb 15,2016) ("You want to make ‘good dal forthe county, you watt deal with Russia”). See, eg, Andersom Cooper 360 Degrees, CNN (ly 8, 2015) (think et along with [Putin] fine; Andrew Raley, Dump Saye He Would “Get long Very Well” With Pui, NSC (lly 30, 2015) (quoting Trump assaying °T dink I would get along very wel with Vladimir Putin.” "Se, @roalDonald Trump Tweet 324/16 (747 aim. ET); @rea!DonaldTrump Tweet 24/16 (59am.F1). See, eg Met the Press Interview with Donald J. Trump, NBC (Des. 20, 2015) Puta i 2 strong leader, What am I gonna say, he's a weak leader? He's making minesmeat out of our President." Demat! Trump Campaign Ral in Vandalia, Ohio, C-SPAN (Mar. 12,2016) (1 sai [Putin] was & tong leader, which he iT mean, he might be bad, he might be good, But he's strong leader"). ° See, Andrew Osborn, From Rusia with lve: why the Krann Backs Trump, Reuters (Mar 24,2016); Robert Zubin, Tramps The Kremlin's Confidate, National Review (Apt. 4,201). ° Se, eg, Mark Hosenbll& Steve Holland, Trump Being acted By ex-U'SLiudenan General who favor clover asia es, Reuters (Feb. 26 2016), Tom Hamburger etal, Inside Tramp facial es 1 Russia on his wma flatery of Vani’ Pun, Washington Post une 1, 2016). Certain matters pertining to Flynn ar deseribed in Volume, Seton 1V..7, supra. ° See eg, Zachary Mider, Trump's New Rusia Advtor Has Deep Tes o Kremlin's Gazprom, Bloomberg (Mat. 30,2016): Julia Toes, Whois Carter Page?, Politico (Sep. 23, 2016). Certain matters portaining to Page are deserted in Volume, Section IVA, supra "Traey Wilkinson Jn ashi Republican platform doce calor arming Ubaine aga Rasa spurring ourage, Los Angeles Times Gly 21,2016), Josh Rogin, Trayp campaign guts GOP's ant ‘Russia stance on Ukraine, Washington Post ly 18, 206). 16