PAGE V2-3 1. Conduct involving FBI Director Comey and Flynn In mid-January 2017, 2. incoming National Security Advisor Michael Flynn falsely denied to the Vice President, other 3. the day after the President was told that Flynn had lied to the Vice President and had made similar 4. requested Flynn 's resignation, the President told an outside advisor, "Now that we fired Flynn the 5. with Comey . Referring to the FBI's investigation of Flynn the President said, "I hope you can 6. see your way clear to letting this go, to letting Flynn go. Hc is a good guy. I hope you can let this 7. go." Shortly after requesting Flynn 's resignation and speaking privately to Comey the President 8. that the President had not directed Flynn to discuss sanctions with Kislyak. McFarland declined 9. General Jeff Sessions began to assess whether he had to recuse himself from campaign-related investigations because of his role in the Trump Campaign. In early March, the President 10. told White House Counsel Donald McGahn to stop Sessions from recusing. And after Sessions announced his recusal on March 2‚ the President expressed anger at the decision and told advisors 11. took Sessions aside at an event and urged him to "unrecuse." Later in March, Comey publicly 12. statements to the FBI, the President invited FBI Director Comey to a private dinner at the White House and told Comey that he needed loyalty. On February 14, the day alter the President

PAGE V2-4 1. appointed by telling advisors that it was "the end of his presidency" and demanding that Sessions resign. Sessions submitted his resignation, but the President ultimately did not accept it. The 2. The President also twice called Comey directly, notwithstanding guidance from McGahn to avoid 3. direct contacts with the Department of Justice. Comey had previously assured the President that 4. the FBI was not investigating him personally, and the President asked Comey to "lift the cloud" 5. The President's termination of Comey On May 3, 2017, Comey testified in a 6. personally under investigation. Within days, the President decided to terminate Comey The 7. President insisted that the termination letter, which was written for public release, state that Comey had informed the President that he was not under investigation. The day of the firing, the White House maintained that Comey 's termination resulted from independent recommendations from the 8. Attorney General and Deputy Attorney General that Comey should be discharged for mishandling 9. the Hillary Clinton email investigation. But the President had decided to fire Comey before 10. hearing from the Department of Justice. The day after firing Comey , the President told Russian 11. cials that he had "faced great pressure because of Russia ," which had been "taken off" by Comey 's firing. The next day, the President acknowledged in a television interview that he was 12. going to fire Comey regardless of the Department of Justice's recommendation and that when he 13. In response to a question about whether he was angry with Comey about the Russia investigation, 14. adding that firing Comey "might even lengthen out the investigation." 15. the investigation: while Comey had told the President he was not under investigation, following Comey 's firing, the President now was under investigation. The President reacted to this news 16. investigation. On June 17, 2017, the President called McGahn at home and directed him to call 17. removed. McGahn did not carry out the direction, however, deciding that he would resign rather

PAGE V2-5 1. met privately with Sessions in the Oval Office and asked him to "take [a] look" at investigating Clinton . In December 2017, shortly after Flynn pleaded guilty pursuant to a cooperation 2. dictated a message for Lewandowski to deliver to Sessions The message said that Sessions should 3. was "very unfair" to the President, the President had done nothing wrong, and Sessions planned to 4. for future elections ." Lewandowski said he understood what the President wanted Sessions to do. 5. President asked about the status of his message for Sessions to limit the Special Counsel 6. would be delivered soon. Hours afier that meeting, the President publicly criticized Sessions in an 7. interview with the New York Times, and then issued a series of tweets making it clear that Sessions 's job was in jeopardy. Lewandowski did not want to deliver the President's message 8. interview with the New York Times, and then issued a series of tweets making it clear that 9. summer 2017, the President called Sessions at home and again asked him to reverse his recusal 10. from the Russia investigation. Sessions did not reverse his recusal. In October 2017, the President 11. agreement, the President met with Sessions in the Oval Office and suggested, according to notes 12. taken by a senior advisor, that if Sessions unrecused and took back supervision of the Russia 13. investigation, he would be a "hero." The President told Sessions "I'm not going to do anything 14. or direct you to do anything. I just want to be treated fairly." In response, Sessions volunteered 15. Efforts to curtail the Special Counsel's investigation. Two days after directing McGahn to have the Special Counsel removed, the President made another attempt to affect the course of 16. Efforts to have McGahn deny that the President had ordered him to have the Special 17. Counsel removed. In early 2018, the press reported that the President had directed McGahn to

PAGE V2-6 1. Conduct towards Flynn , Manafort 2. After Flynn withdrew from a joint defense 3. counsel left a message for Flynn 's attorneys reminding them of the President's warm feelings 4. towards Flynn which he said "still remains," and asking for a "heads up" if Flynn knew 5. "information that implicates the President." When Flynn 's counsel reiterated that Flynn could no 6. said he would make sure that the President knew that Flynn 's actions reflected "hostility" towards 7. Conduct involving Michael Cohen . The President's conduct towards Michael Cohen , a 8. former Trump Organization executive, changed from praise for Cohen when he falsely minimized 9. the President's involvement in the Trump Tower Moscow project, to castigation of Cohen when 10. he became a cooperating witness. From September 2015 to June 2016, Cohen had pursued the 11. to advance the deal. In 2017, Cohen provided false testimony to Congress about the project, 12. travel to Russia with him, in an effort to adhere to a "party line" that Cohen said was developed to 13. minimize the President's connections to Russia . While preparing for his congressional testimony, Cohen had extensive discussions with the President's personal counsel, who, according to Cohen 14. said that Cohen should "stay on message" and not contradict the President. After the FBI searched Cohen 's home and office in April 2018, the President publicly asserted that Cohen would not 15. to him. Cohen also discussed pardons with the President's personal counsel and believed that if 16. he stayed on message he would be taken care of. But after Cohen began cooperating with the 17. have the Special Counsel removed in June 2017 and that McGahn had threatened to resign rather 18. officials to tell McGahn to dispute thc story and create a record stating he had not been ordered to 19. have the Special Counsel removed. McGahn told those officials that the media reports were 20. accurate in stating that the President had direrted McGahn to have the Special Counsel removed. 21. The President then met with McGahn in the Oval Office and again pressured him to deny the 22. reports. In the same meeting, the President also asked McGahn why he had told the Special 23. Counsel about the President's effort to remove the Special Counsel and why McGahn took notes 24. of his conversations with the President. McGahn refused to back away from what he remembered

PAGE V2-7 1. phase covered the period from the President's first interactions with Comey through the President's 2. firing of Comey . During that time, the President had been repeatedly told he was not personally 3. under investigation. Soon atter the firing of Comey and the appointment of the Special Counsel,

PAGE V2-12 1. Advisor Michael Flynn and the Russian Ambassador; 2. asked Comey not to pursue an investigation of Flynn 3. (a) The President's January 27, 2017 dinner with former FBI Director James Comey in which 4. the President reportedly asked for Comey 's loyalty, one day after the White House had 5. (b) The President's February 14, 2017 meeting with Comey in which the President reportedly 6. (c) The President's private requests to Comey to make public the fact that the President was 7. (e) The President's stated rationales for terminating Comey on May 9, 2017, including 8. investigation was a factor in Comey 's termination; and

PAGE V2-15 1. the FBI investigation of Michael Flynn ; the President's reaction to public confirmation of the FBI's 2. unrecuse; and conduct towards McGahn , Cohen and other witnesses. 3. Russia investigation‚ events leading up to and surrounding the termination of FBI Director Comey

PAGE V2-16 1. that campaign advisor Michael Flynn was seated next to Vladimir Putin at an RT gala in Moscow 2. in December 2015 and that Flynn had appeared regularly on RT as an analyst. The press also 3. pertaining to Flynn are described in Volume I, Section IV.B.7, supra. 4. that campaign chairman Paul Manafort had done work for the Russian -backed former Ukrainian

PAGE V2-17 1. Michael Cohen , then-executive vice president of the 2. Cohen recalled that Trump responded, "oh good, alright," 3. Cohen 8/7/18 302, at 8; see a/so Volume I, Section III.D. I, supra. According to Cohen after 4. WikiLeaks's subequent release of stolen DNC emails on July 22, 2016, Tiump said to Cohen words to the effect of Cohen 9/18/18 302, at 10. Cohen 's role in the candidate's and later

PAGE V2-19 1. on developments, including possible trips by Michael Cohen to Moscow to promote the deal and 2. by Trump himself to finalize it. Cohen recalled speaking with Trump after the press conference about Trump's denial of 3. any business dealings in Russia , which Cohen regarded as untrue. Trump told Cohen that Trump 4. Tower Moscow was not a deal yet and said, "Why mention it if it is not a deal?" According to Cohen at around this time, in response to Trump's disavowal of connections to Russia , campaign 5. Cohen 9/18/18 302, at 4. 6. Cohen 9/18/18 302, at 4-5.

PAGE V2-20 1. Cohen 11/20/18 302, at 1; Cohen 9/18/18 302, at 3-5. The formation of the "party line" is

PAGE V2-22 1. Comey 11/15/17 302, at 3.

PAGE V2-24 1. The President's Conduct Concerning the Investigation of Michael Flynn 2. During the presidential transition, incoming National Security Advisor Michael Flynn had 3. U.S. sanctions imposed because of Russia 's election interference. After the press reported on Flynn 's contacts with the Russian Ambassador, Flynn lied to incoming Administration officials 4. press interviews. The FBI, which previously was investigating Flynn for other matters, 5. interviewed him about the calls in the first week after the inauguration, and Flynn told similar lies 6. that Flynn and the Russian Ambassador had discussed sanctions and that Flynn had been 7. interviewed by the FBI. The next night, the President had a private dinner with FBI Director James Comey in which he asked for Comey 's loyalty. On February 13, 2017, the President asked Flynn to resign. The following day, the President had a one-on-one conversation with Comey in which 8. he said, "I hope you can see your way clear to letting this go, to letting Flynn go." 9. Shortly after the election , President-Elect Trump announced he would appoint Michael Flynn as his National Security Advisor. For the next two months, Flynn played an active role on 10. sanctions and the impact they would have on the incoming Administration, and Flynn informed 11. Flynn 11/16/17 302, at 7; President-Elect Donald J. Trump Selects U.S. Senator Jeff Sessions for 12. Attorney General, Lt. Gen. Michael Flynn as Assistant to the President for National Security Affairs and 13. Press Release (Nov. 18, 2016); see also, e.g., Bryan Bender, Trump names Mike Flynn national security 14. Flynn 11/16/17 302, at 8-14; Priebus 10/13/17 302, at 3-5. 15. 12/29/16 Email, O'Brien to McFarland et al.; 12/29/16 Email, Bossert to Flynn et al.; 12/29/16 16. Email, McFarland to Flynn et al.; SF000001 (12/29/16 Text Message, Flynn to Flaherty) ("Tit for tat w 17. Russia not good. Russian AMBO reaching out to me today."); Flynn 1/19/18 302, at 2.

PAGE V2-25 1. Flynn who was in the Dominican Republic at the time, and K.T. McFarland, who was slated to 2. the President-Elect and other senior staff, talked by phone about what, if anything, Flynn should 3. mentioned in those conversations that Flynn was scheduled to speak with Kislyak. Based on 4. those conversations, McFarland informed Flynn that incoming Administration officials at Mar-a-Lago did not want Russia to escalate the situation. At 4:43 p.m. that afternoon, McFarland sent 5. meeting‚ someone may have mentioned to the President-Elect that Flynn was speaking to the 6. Immediately after discussing the sanctions wtth McFarland on December 29, 2016, Flynn called Kislyak and requested that Russia respond to the sanctions only in a reciprocal manner, 7. without escalating the situation. After the call, Flynn briefed McFarland on its substance. Flynn told McFarland that the Russian response to the sanctions was not going to be escalatory 8. Statement of Offense at 2-3, United Slates v. Michael T. Flynn I:17cr-232 (D.D.C. Dec. 1, 9. 2017), Doc. 4 (Flynn Statement of Offense); Flynn 11/17/17 302, at 3-4; Flynn 11/20/17 302, at 3; 10. 4 Flynn Statement of Offense, at 3; Flynn 11/17/17 302, at 3-4; McFarland 12/22/17 302, at 6-7. 11. 12/29/16 Email, McFarland to Flynn et al. 12. McFarland 12/22/17 302, at 7. Priebus thought it was possible that McFarland had mentioned Flynn 's scheduled call with Kislyak at this meeting, although he was not certain. Priebus 1/18/18 302, at 13. Flynn Statement of Offense, at 3; Flynn 11/17/17 302‚ at 3-4. Flynn Statement of Offense, at 3; McFarland 12/22/17 302, at 7-8; Flynn 11/17/17 302, at 4.

PAGE V2-26 1. On December 31, 2016, Kislyak called Flynn and told him that Flynn 's request had been 2. Later that day, Flynn told McFarland about this follow-up conversation with Kislyak and Russia 's 3. decision not to escalate the sanctions situation based on Flynn 's request. McFarland recalled 4. that Flynn thought his phone call had made a difference. Flynn spoke with other incoming 5. Flynn recalled discussing the sanctions issue with incoming Administration official 6. Flynn said that Bannon appeared to know about Flynn 's 7. response" to the sanctions. On January 3, 2017, Flynn saw the President-Elect in person and 8. thought they discussed the Russian reaction to the sanctions, but Flynn did not have a specific 9. in response to the sanctions. When analyzing Russia 's response, they became aware of Flynn 's 10. discussion of sanctions with Kislyak. Previously, the FBI had opened an investigation of Flynn based on his relationship with the Russian government. Flynn's contacts with Kislyak became 11. Flynn 1/19/18 302, at 3; Flynn Statement of Offense, at 3. 12. @realDonaldTrump 12/30/16 (2:41 p.m. ET) tweet . 13. McFarland 12/22/17 302, at 10; see Flynn 1/19/18 302, at 4. 14. Flynn 11/1 7/17 302, at 5-6. 15. Flynn 1/19/18 302, at 4-5. Bannon recalled meeting with Flynn that day‚ but said he did not 16. Flynn 11/21/17 302, at 1; Flynn 1/19/18 302, at 5. 17. Flynn 1/19/18 302, at 6; Flynn 11/17/17 302, at 6, 18. McCord 7/17/17 302, at 2-3; Comey 11/15/17 302, at 5.

PAGE V2-27 1. Michael Cohen received a text from Russian businessman Giorgi Rtskhiladze that said, "Stopped flow of 2. Rtskhiladze to Cohen . Rtskhiladze said "tapes" referred to compromising tapes of Trump rumored to be 3. concluded, Comey spoke with the President-Elect privately to brief him on unverified, personally 4. sensitive allegations compiled by Steele. According to a memorandum Comey drafted 5. immediately after their private discussion, the President-Elect began the meeting by telling Comey he had conducted himself honorably over the prior year and had a great reputation. 6. President-Elect stated that he thought highly of Comey , looked forward to working with him, and 7. Steele reporting. Comey recalled that the President-Elect seemed defensive, so Comey decided 8. 115th Cong. (June 8, 2017) (Statement for the Record of James B. Comey former Director of the FBI, at 9. Comey 11/15/17 302, at 3; Hearing on Russian Election Interference Before the Senate Select 10. Intelligence Committee, 115th Cong. (June 8, 2017) (Statement for the Record of James B. Comey former 11. Comey 1/7/17 Memorandum, at 1. Comey began drafting the memorandum summarizing the 12. meeting immediately after it occurred. Comey 11/1.5/17 302, at 4. He finished the memorandum that 13. Comey 1/7/17 Memorandum, at I; Comey 1 1/15/17 302, at 3. Comey identified several other 14. occasions in January 2017 when the President reiterated that he hoped Comey would stay on as FBI director. 15. On January 11, President-Elect Trump called Comey to discuss the Steele reports and stated that hc thought 16. Comey was doing great and the President-Elect hoped he would remain in his position as FBI director. Comey 11/15/17 302, at 4; Hearing on Russian election Interference Before the Senate Select Intelligence 17. Committee‚ 115th Cong. (June 8, 2017) (testimony of J James B. Comey former Director of the FBI), CQ 18. enforcement, the President greeted Comey and said he looked forward to working with him. Hearing on 19. (testimony of James B. Comey former Director of the FBI), CQ Cong. Transcripts, at 22. And as discussed 20. in greater detail in Volume II, Section II.D, infra, on January 27, the President invited Comey to dinner at 21. the White House and said he was glad Comey wanted to stay on as FBI Director. 22. Comey 1/7/17 Memorandum, at 1; Comey 11/15/17 302, at 3. 23. Comey 1/7/17 Memorandum, at 1-2; Comey 11/15/17 302, at 3. Comey 's briefing included the

PAGE V2-28 1. the 2013 Miss Universe Pageant in Russia . Rtskhiladze 4/4/18 302, at12. Cohen said he spoke to Trump 2. about the issue after receiving the texts from Rtskhiladze. Cohen 9/12/18 302, at 13. Rtskhiladze said he 3. was told the tapes were fake, but he did not communicate that to Cohen . Rtskhiladze 5/10/18 302, at 7. 4. to assure him that the FBI was not investigating him personally. Comey recalled he did not 5. On January 10, 2017, the media reported that Comey had briefed the President-Elect on 6. Comey 11/15/17 302, at 3-4; Hearing on Russian election interference Before the Senate Select 7. Intelligence Committee, 115th Cong. (June 8, 2017) (Statement for the Record of James B. Comey former 8. Comey 11/15/17 302, at 3. 9. See 1/11/17 Email, Clapper to Comey ("He asked if I could put out a statement. He would prefer 10. of course that I say the documents are bogus, which, of course, I can't do."); 1/12/17 Email, Comey to 11. Clapper ("He called me at 5 yesterday and we had a very similar conversation."); Comey 11/15/17 302, at

PAGE V2-29 1. On January 12, 2017, a Washington Post columnist reported that Flynn and Kislyak 2. column questioned whether Flynn had said something to "undercut the U.S. sanctions" and 3. whether Flynn 's communications had violated the letter or spirit of the Logan Act. 4. Priebus called Flynn and told him that the President-Elect was angry about the reporting on Flynn 's 5. spoken to the "boss" and said Flynn needed to "kill the story." Flynn directed McFarland to 6. McFarland recalled that Flynn said words to the effect of, "I want to kill the story." McFarland 7. made the call as Flynn had requested although she knew she was providing false information, and 8. the Washington Post updated the column to refiect that a "Trump official" had denied that Flynn and Kislyak discussed sanctions. 9. When Priebus and other incoming Adminisuation officials questioned Flynn internally 10. Kislyak. Flynn repeated that claim to Vice President-Elect Michael Pence and to incoming press 11. Flynn 1 I/21/17 302, at 1;, Flynn 11/20/1 7 302, at 6. 12. Flynn 11/17/17 302, at 1, 8; Flynn I/19/18 302, at 7; Priebus 10/13/17 302, at 7-8; S. Miller 13. Flynn 11/1 7/I 7 302, at I, 8; Flynn I/19/18 302, at 7; S.Miller 8/31/17 302, at 10-11.

PAGE V2-30 1. Spicer denied that Flynn and Kislyak had discussed sanctions, basing those denials on their 2. conversations with Flynn . 3. The public statements of incoming Administration officials denying that Flynn and Kislyak 4. not true. Those officials were concerned that Flynn had lied to his colleagues — who in turn had 5. unwittingly misled the American public — creating a compromise situation for Flynn because the 6. Department of Justice assessed that the Russian government could prove Flynn lied . The FBI 7. investigative team also believed that Flynn 's calls with Kislyak and subsequent denials about 8. On January 20, 2017, President Trump was inaugurated and Flynn was sworn in as 9. that he had spoken with Flynn the night before, who confirmed that the calls with Kislyak were 10. concerns that Russia had leverage over Flynn based on his lies and could use that derogatory 11. On January 24, 2017, Flynn agreed to be interviewed by agents from the FBI. During 12. the interview, which took place at the White House , Flynn falsely stated that be did not ask Kislyak 13. sanctions as a result of Flynn 's request. 14. Flynn Statement of Offense, at 2. 15. Flynn Statement of Offense, at, 2. On December 1, 2017, Flynn admitted to making these false

PAGE V2-31 1. denying that Flynn and Kislyak discussed sanctions were not true and put Flynn in a potentially 2. compromised position because the Russians would know he had lied . Yates disclosed that Flynn had been interviewed by the FBI. She declined to answer a specific question about how Flynn had performed during that interview, but she indicated that Flynn 's statements to the FBI were 3. National Security Council, to examine potential legal issues raised by Flynn 's FBI interview and 4. discuss concerns about Flynn . McGahn described what Yates had told him, and the President 5. asked him to repeat it, so he did. McGahn recalled that when he described the FBI interview of Flynn he said that Flynn did not disclose having discussed sanctions with Kislyak, but that there 6. Donald McGahn and informed him that she needed to discuss a sensitive matter with him in 7. Department of Justice, met at the White House with McGahn and White House Counsel's Office 8. sanctions. McGahn came away from the meeting with the impression that the FBI had not 9. That afternoon, McGahn notified the President that Yates had come to the White House to 10. 1001, and McGahn explained the law to him, and also explained the Logan Act. The President 11. McGahn 11/30/17 302, at 5; Yates 8/15/l7 302, at 7; McCord 7/17/17 302, at 7; Bumham 12. McGahn 11/30/17 302, at 5. 13. President); McGahn 11/30/17 302, at 6, 8. 14. McGahn 11/30/17 302, at 6; SCR015 000278 ( White House Counsel's Office Memorandum 15. McGahn 11/30l17 302, at 6. 16. McGahn 11/30/17 302, at 7.

PAGE V2-32 1. with Flynn in light of what Yates had told the White House and said, "not again, this guy, this 2. Eisenberg's initial legal research into Flynn 's conduct, and specifically whether Flynn may have 3. research, Eisenberg informed McGahn that there was a possibility that Flynn had violated 18 4. prosecuted an individual under the Logan Act and that Flynn could have possible defenses, and 5. Priebus 10/13/17 302, at 8. Several witnesses said that the President was unhappy with Flynn for other reasons at this time. Bannon said that Flynn 's standing with the President was not good by 6. had warned him about Flynn shortly after the election . Bannon 2/12/18 302, at 4-5; Hicks 12/8/17 302, at 7. that the President had become unhappy with Flynn even before the story of his calls with Kislyak broke 8. and had become so upset with Flynn that he would not look at him during intelligence briefings. Priebus 9. 1/18/18 302, at 8. Hicks said that the President thought Flynn had bad judgment and was angered by tweets 10. sent by Flynn and his son, and she described Flynn as "bemg on thin ice" by early February 2017. Hicks 11. Coats, who was at the dinner, no one openly advocated terminating Comey but the consensus on 12. him was not positive. Coats told the group that he thought Comey was a good director. Coats 13. encouraged the President to meet Comey face-to-face and spend time with him before making a 14. instructed McGahn to work with Priebus and Bannon to look into the matter further and directed 15. 5. McGahn has a Follow-Up Meetin About Flynn 16. The next day, January 27, 2017, McGahn and Eisenberg discussed the results of 17. McGahn 11/30/17 302, at 7; SCR015 000198-99 (2/15/17 Draft Memorandum to file from the 18. President); McGahn 11/30/17 302, at 8.

PAGE V2-33 1. That same morning, McGahn asked Yates to return to the White House to discuss Flynn again. In that second meeting, McGahn expressed doubts that the Department of Justice would 2. bring a Logan Act prosecution against Flynn but stated that the White House did not want to take 3. action that would interfere with an ongoing FBI investigation of Flynn . Yates responded that 4. information the Department of Justice possessed pertaining to Flynn 's discussions with Kislyak. 5. object to the White House taking action against Flynn ." 6. Also on January 27, the President called FBI Director Comey and invited him to dinner 7. in law enforcement. When Bannon learned about the President's planned dinner with Comey 8. he suggested that he or Priebus also attend, but the President stated that he wanted to dine with Comey alone. Comey said that when he arrived for the dinner that evening, he was surprised 9. '" Comey 11/15/17 302, at 6„SCR012b 000001 (President's Daily Diary, 1/27/1 7);Hearing an 10. (Statement for. the Record of James B. Comey former Director of the FBI, at 2-3). 11. 115th Cong. (June 8, 2017) (Statement for the Record of James B. Comey former Director of the FBI, at 12. 3); see Comey 11/15/17 302, at 6. 13. told McGahn that he believed it was unlikely that a prosecutor would pursue a Logan Act charge 14. information provided. McGahn ended the meeting by asking Yates for access to the underlying 15. at the dinner. McGahn had previously advised the President that he should not communicate 16. President); McGahn 11/30/17 302, at 8; Yates 8/15/17 302, at 8. 17. Yates 8/15/17 302, at 9; McGahn 11/30/17 302, at 8. 18. '" Yates 9/15/17 302, at 9; Burnhain 11/3/17 302, at 5. In accordance with McGahn apos;s request, tire

PAGE V2-34 1. brought up Flynn and said, "the guy has serious judgment issues.*' 4 Comey did not comment on Flynn and the President did not acknowledge any FBI interest in or contact with Flynn ' 7 2. Comey provided an account of the dinner in a contemporaneous memo, an interview with 3. this Office, and congressional testimony. A ccording to Comey apos;s account of the dinner, the 4. President repeatedly biought up Comey apos;s future, asking whether he wanted to stay on as FBI 5. director.' ' Because the President had previously said he wanted Comey to stay on as FBI director, Comey interpreted the President's comments as an effort to create a patronage relationship by 6. having Comey ask for his job.' s Thc Pt'esident also brought up the Steele reporting that Comey had raised in the January 6, 2017 briefing and stated that hc was thinking about ordering the FBI 7. According to Comey apos;s account, at one point during the dinner the President stated, "I need 8. loyalty, I expect loyalty.'uss Comey did not respond and the conversation moved on to other 9. topics, but thc President returned to the subject of Comey apos;s job at the end of the dinner and 10. r epeated, "I need loyalty Ju s Comey responded, "You will always get honesty from me."" T h e 11. Comey I I/15/17 302, at 7; Comey 1/28/17 Memorandum, at I, 3; Hearing on Russian election 12. the Record of James B, Comey former Director of the FBI, at 3). 13. ' ' Comey 11/15/17 302, at 7; Hearing on Russian election interference Before the Senate Seleci 14. Intelligence Committee, 115th Cong. (June 8, 2017) (Statement for the Record of James B. Comey former 15. Select Intelligence Committee, 115th Cong. (June 8, 2017) (Statement for the Record of James B. Comey 16. former Director of the FBI, at 4). Comey 1/28/17 Memorandum, at 3; Hearing on Russian election interference Before the Senate 17. Select Intelligence Committee, 115th Cong. (June 8, 2017) (Statement for the Record of James B. Comey 18. Comey 1/28/17 Memorandum, at 4; Comey 11/15/17 302, at 7. 19. Comey 1/28/17 Memorandum, at 4; Comey 11/15/17 302, at 7. 20. rn Comey 1/28/18 Memorandum, at 2; Comey 11/15/17 302, at 7; Hearing on Russian election 21. the Record of James B. Comey former Director of the FBI, at 3). Comey 1/28/17 Memorandum, at 3; Comey 11/15/17 302, at 7" ‚Hearing on Russian election 22. the Record of James B. Comey former Director of the FBI, at 3-4). 23. " Comey 1/28/17 Memorandum, at 3; Comey 11/15/17 302, at 7; Hearing on Russian election 24. the Record of James B. Comey former Director of the FBI, at 4).

PAGE V2-35 1. President said, "That's what I want, honest Ioyalty." Comey said, "You will get that from 2. After Comey 's account of the dinner became public, the President and his advisors disputed 3. that he had asked for Comey 's loyalty. The President also indicated that he had not invited Comey to dinner, telling a reporter that he thought Comey had "asked for the dinner" because "he 4. wanted to stay on." But substantial evidence corroborates Comey 's account of the dinner 5. "extend[ed] a dinner invitation"to Comey on January 27. With respect to the substance of the 6. dinner conversation, Comey documented the President's request for loyalty in a memorandum he 7. began drafting the night of the dinner; senior FBI officials recall that Comey told them about 8. the loyalty request shortly after the dinner occurred; and Comey described the request while 9. Comey 1/28/17 Memorandum, at 3; Comey 11/15/17 302, at 71 Hearing on Russian election 10. the Record of James B. Comey former Director of the FBI, at 4). Comey 1/28/17 Memorandum, at 3; Comey 11/15/17 302, at 7; Hearing on Russian election 11. the Record of James B. Comey former Director of the FBI, at 4). 12. never even suggest the expectation of personal loyalty"); Ali Vitali, Trump Never Asked for Comey 's 13. as saying, "The president also never told Mr. Comey 'I need loyalty, I expect loyalty,' in form or 14. that he had never asked for Comey 's loyalty, but added that if he had asked for loyalty, "Who cares?' 15. Spicer 10/16/17 302, at 4. The President also told McGahn that he never said what Comey said he had. McGahn 12/12/17 302, at 17. 16. SCR012b_000001 (President's Daily Diary‚ 1/27/17) (reflecting that the President called Comey in the morning on January 27 and "[t]he purpose of the call was to extend a dinner invitation"). In addition, 17. two witnesses corroborate Comey 's account that the President reached out to schedule the dinner, without Comey having asked for it. Priebus 10/13/17 302, at 17 (the President asked to schedule the January 27 18. dinner because he did not know much about Comey and intended to ask him whether he wanted to stay on 19. as FBI Director); Rybicki 11/21/18 302, at 3 (recalling that Comey told him about the President's dinner 20. Comey 11/15/17 302, at 8; Hearing on Russian Election interference Before the Senate Select 21. Intelligence Committee, 115th Cong. (June 8, 2017) (Statement for the Record of James B. Comey former 22. McCabe 8/17/17 302, at 9-10; Rybicki 11/21/18 302, at 3. After leaving the White House , Comey called Deputy Director of the FBI Andrew McCabe, summarized what he and the President had 23. McCabe 8/17/17 302, at 9. Comey also convened a meeting with his senior leadership team to discuss what 24. properly. McCabe 8/17/17 302, at 10; Rybicki 11/21/18 302, at 3. In addition, Comey distributed his

PAGE V2-36 1. On February 2, 2017, Eisenberg reviewed the underlying information relating to Flynn 's 2. that could apply to Flynn 's conduct, but he did not believe the White House had enough 3. conclusion that Flynn was unlikely to be prosecuted for violating the Logan Act. Because White House officials were uncertain what Flynn had told the FBI, however, they could not assess his 4. The week of February 6, Flynn had a one-on-one conversation with the President in the 5. Oval Office about the negative media coverage of his contacts with Kislyak. Flynn recalled that 6. the dates he listed. The President asked Flynn what he and Kislyak discussed and Flynn responded that he might have talked about sanctions. 7. na Flynn 11/21/17 302, at 2. 8. w4 Flynn 11/21/17 302, at 2. 9. 'ss Flynn 11/21/17 302, at 2. 10. '" Flynn 11/21/17 302, at 2-3. 11. to penalties for lying under 18 U.S.C. 1001. Comey 's memory of the details of the dinner, 12. memorandum captured what Comey said on the telephone call immediately following the dinner. McCabe 13. There also is evidence that corroborates other aspects of the memoranda Comey wrote 14. discussions about firing Comey the President told Rosenstein and others that Comey had told him three

PAGE V2-37 1. On February 9, 2017, the Washington Post reported that Flynn discussed sanctions with 2. content of Flynn apos;s calls,iss He and other advisors then sought access to an'd reviewed the 3. underlying information about Flynn apos;s contacts with Kislyak.'w FBI Deputy Director Andrew 4. they reviewed it, recalled the. officials asking him whether Flynn apos;s conduct violated the Logan 5. . it was a possibility.2 ' Based on the evidence of Flynn apos;s contacts with Kislyak, McGahn and 6. Priebus concluded that Flynn could not have forgotten the details of th'e discussions of sanctions 7. but Eisenberg did not believe him. m After reviewing the materials and speaking with Flynn McGahn and Pi iebus concluded that Flynn should be terminated and recommended that course of 8. That weekend, Flynn accompanied the President to Mar-a-Lago. Flynn recalled that on 9. Greg Miller et al., National security adviser Flynn discussed sanctions with Russian 10. Flynn 1/19/18 302, at 9; Flynn 11/17/17 302, at 8. 11. Flynn 11/17/17 302, at 8; Flynn 1/19/18 302, at 9. 12. Flynn 1/19/18 302, at 9. 13. President); McGahn 11/30/17 302‚ at 12, 14. President); McCabe 8/17/17 302, at 11-13; Priebus 10/13/17 302, at 10; McGahn 11/30/17 302, at 12. 15. McCabe 8/17/17 302, at 13. McGahn 11/30/17 302, at 12; Priebus 1/18/18 302, at 8; Priebus 10/13/17 302, at 10; 16. McGahn 11/30/17 302, at 11; Eisenberg 11/29/17 302, at 9; Priebus 10/13/17 302, at 11. 17. President); Priebus 10/13/17 302, at 10; McGahn 11/30/17 302, at 12.

PAGE V2-38 1. On February 13, 2017, Priebus told Flynn he had to resign. Flynn said he wanted to say 2. President hugged Flynn shook his hand, and said, "We'll give you a good recommendation. 3. President that Flynn was unlikely to be prosecuted, and the President had determined that the issue 4. with Flynn was one of trust. Spicer told the press the next day that Flynn was forced to resign 5. and General Flynn had ... to the point where [the President] felt he had to make a change. 6. On February 14, 2017, the day after Flynn 's resignation, the President had lunch at the 7. during the lunch the President said, “Now that we fired Flynn , the Russia thing is over.” 8. here on Valentine’s Day 2018 talking about this.” The President said, “[w]hat do you mean? Flynn met with the Russians . That was the problem. I fired Flynn It’s over.” Christie recalled 9. investigated, firing Flynn would not end the investigation. Christie said there was no way to 10. Priebus 1/18/18 302, at 9; Flynn 11/17/17 302, at 10. 11. Priebus 1/18/18 302, at 9; Flynn 11/17/17 302, at 10. 12. Sean Spicer, White House Daily Briefing, C-SPAN (Feb. 14, 2017). After Flynn pleaded guilty 13. to violating 18 U.S.C. § 1001 in December 2017, the President tweeted ,“I had to fire General Flynn because 14. Trump’s lawyer says he was behind President’s tweet about firing Flynn , CNN (Dec. 3, 2017). 15. distributed to the White House communications team stated that McGahn had advised the

PAGE V2-39 1. frustrated at times. Christie also told the President that he would never be able to get rid of Flynn , “like gum on the bottom of your shoe.” 2. Christie 2/13/19 302, at 3. Christie also recalled that during the lunch, Flynn called Kushner , 3. who was at the lunch, and complained about what Spicer had said about Flynn in his press briefing that day. 4. Kushner told Flynn words to the effect of, “You know the President respects you. The President cares about you. 5. I'll get the President to send out a positive tweet about you later.” Kushner looked at the 6. President when he mentioned the tweet , and the President nodded his assent. Christie 2/13/19 302, at 3. 7. At 4 p.m. that afternoon, the President met with Comey , Sessions , and other officials for a 8. Towards the end of the lunch, the President brought up Comey and asked if Christie was 9. still friendly with him. Christie said he was. The President told Christie to call Comey and 10. lunch, the President repeated his request that Christie reach out to Comey . Christie had no 11. intention of complying with the President’s request that he contact Comey . He thought the 12. President’s request was “nonsensical” and Christie did not want to put Comey in the position of 13. attendees and stated that he wanted to speak to Comey alone. Sessions and senior advisor to the 14. SCR012b_000022 (President’s Daily Diary,2/14/17); Comey 11/15/17 302, at 9. 15. Comey 11/15/17 302, at 10; 2/14/17 Comey Memorandum, at 1; Hearing on Russian Election 16. the Record of James B. Comey , fomer Director of the FBI, at 4); Priebus 10/13/17 302, at 18 17. (confirming that everyone was shooed out “like Comey said’ in his June testimony).

PAGE V2-40 1. the conversation by saying, “I want to talk about Mike Flynn .” The President stated that Flynn had not done anything wrong in speaking with the Russians , but had to be terminated because he 2. information, but the President returned to Flynn saying “he is a good guy and has been through a lot.” 3. He is a good guy. I hope you can let this go.” Comey agreed that Flynn “is a good guy,” 4. but did not commit to ending the investigation of Flynn . Comey testified under oath that he 5. took the statement as an order to shut down the Flynn investigation). 6. the Record of James B. Comey , former Director of the FBI, at 4). Sessions recalled that the President asked 7. to speak to Comey alone and that Sessions was one of the last to leave the room; he described Comey 's 8. testimony about the events leading up to the private meeting with the President as “pretty accurate.” Sessions 1/17/18 302, at 6. Kushner had no recollection of whether the President asked Comey to stay 9. excused them, repeating that he wanted to speak only with Comey , At some point after others 10. According to Comey 's account of the meeting, once they were alone, the President began 11. Comey 11/15/17 302, at 10; Comey 2/14/17 Memorandum, at 1; Hearing on Russian Election 12. Coiney 2/14/17 Memorandum, at 2; Priebus 10/13/17 302, at 18. Comey 11/15/17 302, at 10; Comey 2/14/17 Memorandum, at 1; Hearing on Russian Election 13. the Record of James B. Comey , former Director of the FBI, at 4). 14. Comey 2/14/17 Memorandum, at 1; Hearing on Russian Election Interference Before the Senate 15. Select Intelligence Committee, 115th Cong. (June 8, 2017) (Statement for the Record of James B. Comey 16. Comey 11/15/17 302, at 10; Comey 2/14/17 Memorandum, at 2; Hearing on Russian Election 17. the Record of James B. Comey , former Director of the FBI, at 5). 18. 115th Cong. (June 8, 2017) (Statement for the Record of James B. Comey , former Director of the FBI, at 5); 19. Comey 2/14/17 Memorandum, at 2. Comey said he was highly confident that the words in quotations 20. remembered the words used by the President and wrote them down soon after the meeting. Comey 11/15/17 302, at 10-11. 21. Comey 11/15/17 302, at 10; Comey 2/14/17 Memorandum, at 2. 22. 115th Cong. (June 8, 2017) (CQ Cong. Transcripts, at 3 1) (testimony of James B. Comey , former Director 23. of the FBI). Comey further stated, “I mean, this is the president of the United States, with me alone, saying,

PAGE V2-41 1. President’s request, and they agreed not to inform FBI officials working on the Flynn case of the 2. After Flynn was forced to resign, the press raised questions about why the President waited 3. more than two weeks after the DOJ notification to remove Flynn and whether the President had 4. known about Flynn 's contacts with Kislyak before the DOJ notification. The press also 5. On February 15, 2017, the President told reporters, “General Flynn is a wonderful man. I think 6. the press included, "if [the President] was notified 17 days ago that Flynn had misled the Vice President, 7. ambassador]?") Priebus recalled that the President initially equivocated on whether to fire Flynn because 8. for a meeting with Sessions and requested that Sessions not leave Comey alone with the President 9. "' Comey 11/15/17 302, at 11; Rybicki 6/9/17 302, at 4-5; Rybicki 6/22/17 302 at 1-2; Sessions 1/17/18 302, at 6 (confirming that later in the week following Comey 's one-on-one meeting with the 10. President); Hunt 2/1/18 302, at 6 (within days of the February 14 Oval Office meeting, Comey told Sessions he did not think it was appropriate for the FBI Director to meet alone with the President); Rybicki 11/21/18 11. 302, at 4 (Rybicki helped to schedule the meeting with Sessions because Comey wanted to talk about his 12. Shortly after meeting with the President, Comey began drafting a memorandum 13. documenting their conversation. Comey also met with his senior leadership team to discuss the 14. President’s statements so the officials would not be influenced by the request. Comey also asked 15. Comey 11/15/17 302, at 11; Hearing on Russian election interference Before the Senate Select 16. Intelligence Committee, 115th Cong. (June 8, 2017) (Statement for the record of James B. Comey former 17. Comey 11/15/17 302, at 11; Rybicki 6/9/17 302, at 4; Rybicki 6/22/17 302, at 1; Hearing on 18. (Statement for the record of James B. Comey former Director of the FBI, at 5-6). 19. President in the Oval Office, Comey told the Attorney General that he did not want to be alone with the 20. Senate Select, Intelligence Committee, 115th Cong. (June 8, 2017) (Statement for the record of James B. Comey former Director of the FBI, at 6). 21. Russian officials during campaign, CNN (Feb. 15, 2017); Austin Wright, Comey briefs senators amid furor

PAGE V2-42 1. a press conference and said that he removed Flynn because Flynn "didn't tell the Vice President 2. me. The President said he did not direct Flynn to discuss sanctions with Kislyak, but it 3. In listing the reasons for terminating Flynn the President did not say that Flynn had lied to him. 4. McFarland draft an internal email that would confirm that the President did not direct Flynn to call 5. did not direct Flynn to talk to Kislyak. McFarland told Priebus she did not know whether the 6. President had directed Flynn to talk to Kislyak about sanctions, and she declined to say yes or no 7. also said that Flynn 's conduct "wasn't wrong ‚Äî what he did in terms of the information he saw." The 8. president said that Flynn was just "doing the job," and "if anything, he did something right.'

PAGE V2-43 1. but that the President and Priebus wanted a letter from her denying that the President directed Flynn to discuss sanctions with Kislyak. Eisenberg advised McFarland not to write the 2. Around the same time, the President asked Priebus to reach out to Flynn and let him know 3. that the President still cared about him. Priebus called Flynn and said that he was checking in 4. and that Flynn was an American hero. Priebus thought the President did not want Flynn saying 5. On Match 31, 2017, following news that Flynn had offered to testify before the FBI and 6. congressional investigators in exchange for immunity, the President tweeted, "Mike Flynn should 7. whether he did or didn't, but was in Mar-a-Lago the week between Christmas and New Year's (while Flynn 8. was on vacation in Carribean) and I was not aware of any Flynn -Trump, or Trump- Russian phone calls" ) 9. Priebus 1/18/18 302, at 9; Flynn 1/19/18 302, at 9.

PAGE V2-44 1. message to Flynn telling him the President felt bad for him and that he should stay strong. 2. In analyzing the President's conduct related to the Flynn investigation, the following 3. letting Flynn go.... I hope you can let this go." In analyzing whether these statements constitute 4. After Comey 's account of the President's request to "let[] Flynn go" became public, the 5. that he had asked Comey ta "let[] Flynn go" or otherwise communicated that Comey should drop 6. the investigation of Flynn . In private, the President denied aspects of Comey's account to White House advisors, but acknowledged to Priebus that he brought Flynn up in the meeting with Comey and stated that Flynn was a goad guy. Despite those denials, substantial evidence corroborates Comey 's account. 7. @realDonaldTrump 3/31/17 (7:04 a.m. ET) tweet ; see Shane Harris at al., Mike Flynn Offers 8. expressed his view that General Flynn is a decent man who served and protected our country, the President 9. General Flynn . . . This is not a truthful or accurate portrayal of the conversation between the President 10. 12/3/17 (6:I5 a.m, ET) tweet "I never asked Comey to stop investigating Flynn Just more Fake News 11. Priebus recalled that the President acknowledged telling Comey that Flynn was a good guy and 12. President denied saying to Comey that he hoped Comey would let Flynn go, but added that he was "allowed 13. Obstructive act. According to Comey 's account of his February 14, 2017 meeting 14. an obstructive act, a threshold question is whether Comey 's account of the interaction is accurate, 15. remember having a one-on-one conversation with Comey as The President also publicly denied 16. recalled that the President told her he had never asked Comey to stay behind in his office. Hicks 12/8/17 17. has never asked Mr. Comey or anyone else to end any investigation, including any investigation involving 18. and Mr. Comey . See Michael S. Schmidt, Comey Memorandum Says Trump Asked Him to End Fiynn 19. covering another Comey lie I"). 20. he hoped "everything worked out for him." Priebus 10/13/17 302, at 19. McGahn recalled that the 21. to hope." The President told McGahn he did not think he had crossed any lines. McGahn 12/14/I 7 302, at

PAGE V2-45 1. Second, Comey provided testimony about the president's request that he let[] Flynn go" 2. And the President acknowledged to Priebus and McGahn that he in fact spoke to Comey about Flynn in their one-on-one meeting. 3. having asked him to "let[] Flynn go." Comey met with the FBI leadership team, which agreed to 4. keep the President's statements closely held and not to inform the team working on the Flynn investigation so that they would not be influenced by the President's request. Comey also promptly 5. order to Comey could impede or interfere with the FBI's investigation of Flynn . While the 6. President said he "hope[d]" Comey could "let[] Flynn go," rather than affirmatively directing him 7. the FBI's investigation into Flynn . First, the President arranged the meeting with Comey so that 8. Kushner and Sessions lingered and had to be shooed out by the President, and that Priebus briefly 9. verified by Sessions , FBI Chief of Staff James Rybicki, and Jody Hunt, who was then the Attorney 10. ii See Priebus 10/13/17 302‚ at 18; Sessions 1/17/18 302, at 6. 11. First, Comey wrote a detailed memorandum of his encounter with the President on the 12. same day it occurred. Comey also told senior FBI officials about the meeting with the President 13. that day, and their recollections of what Comey told them at the time are consistent with Comey 's 14. penalties for lying under 18 U.S.C. 1001. Comey 's recollections of the encounter have remained 15. occur support Comey 's description of the event. Comey recalled that the President cleared the 16. room to speak with Comey alone after a homeland security briefing in the Oval Offlce, that 17. confirmed Comey 's account of how he ended up in a one-on-one meeting with the President. 18. General from the meeting signals that the President wanted to be alone with Comey which is 19. consistent with the delivery of a message of the type that Comey recalls, rather than a more 20. Finally, Comey 's reaction to thc President's statements is consistent with the President 21. to do so, the circumstances of the conversation show that the President was asking Comey to close 22. President meant to make a request to Comey that he did not want anyone else to hear. Second, 23. President wants. Indeed, the President repeated a version of "let this go'" three times, and Comey

PAGE V2-46 1. investigation of Flynn was likely to lead to a grand jury investigation or prosecution. 2. , and resulted in Flynn 's 3. prosecution for violating 18 U.S.C. 1001. By the time the President spoke to Comey about Flynn DOJ officials had informed McGahn who informed the President, that Flynn 's statements 4. to senior White House officials about his contacts with Kislyak were not true and that Flynn had 5. told the same version of events to the FBI. McGahn also informed the President that Flynn 's 6. reviewed the underlying information about Flynn 's calls on February 10, 2017, they believed that Flynn could not have forgotten his conversations with Kislyak and concluded that he had been lying . In addition, the President's instruction to the FBI Director to "let[] Flynn go" suggests his 7. personal stake in the outcome of an investigation into Flynn ‚ for example, whether the President 8. was aware of Flynn 's communications with Kislyak close in time to when they occurred, such that 9. the President knew that Flynn had lied to senior White House officials and that those lies had been 10. content of Flynn 's calls when they occurred, but the evidence is inconclusive and could not be 11. relied upon to establish the President's knowledge. In advance of Flynn 's initial call with Kislyak, 12. mentioned that Flynn was scheduled to talk to Kislyak. Flynn told McFarland about the substance 13. train on Russia 's response" to the sanctions. It would have been reasonable for Flynn to have 14. wanted the President to know of his communications with Kislyak because Kislyak told Flynn his 15. "[g]reat move." And the President never said publicly or internally that Flynn had lied to him 16. Flynn 17. But McFarland did not recall providing the President-Elect with Flynn 's read-out of his 18. calls with Kislyak, and Flynn does not have a specific recollection of telling the President-Elect 19. directly about the calls. Bannon also said he did not recall hearing about the calls from Flynn 20. And in February 2017, the President asked Flynn what was discussed on the calls and whether he 21. accordingly did not produce evidence that established that the President knew about Flynn 's 22. discussions in late January 2017. The evidence also does not establish that Flynn otherwise 23. way Comey reacted at the time. 24. At the time of the president's one-on-one meeting with Comey no grand jury subpoenas

PAGE V2-47 1. to end the FBI's inquiry into Flynn 's conduct. 2. Evidence does establish that the President connected the Flynn investigation to the FBI's 3. broader Russia investigation and that he believed, as he told Christie, that terminating Flynn would 4. end "the whole Russia thing." Flynn 's firing occurred at a time when the media and Congress 5. paid careful attention to negative coverage of Flynn and reacted with annoyance and anger when 6. the story broke disclosing that Flynn had discussed sanctions with Kislyak. Just hours before 7. meeting one-on-one with Comey the President told Christie that firing Flynn would put an end to 8. the Russia inquiries. And after Christie pushed back, telling the President that firing Flynn would 9. the room and asked Comey to "let[] Flynn go." 10. We also sought evidence relevant to assessing whether the President's direction to Comey was motivated by sympathy towards Flynn In public statements the President repeatedly 11. described Flynn as a good person who had been harmed by the Russia investigation, and the 12. Priebus, and Hicks, said that the President had become unhappy with Flynn well before Flynn was 13. forced to resign and that the President was frequently irritated with Flynn Priebus said he believed 14. the President's initial reluctance to fire Flynn stemmed not from personal regard, but from concern 15. support for Flynn were motivated by the President's desire to keep Flynn from saying negative 16. into Flynn he told McGahn Bannon, and Priebus not to discuss the matter with anyone else in the 17. that Flynn had judgment issues. When the President met with Comey the day after Flynn 's 18. termination, shortly after being told by Christie that firing Flynn would not end the Russia 19. activities. And the President later denied that he cleared the room and asked Comey to "let[] Flynn go" a denial that would have been unnecessary if he believed his request was a proper exercise 20. not end the Russia investigation, the President asked Christie to reach out to Comey and convey 21. The way in which the President communicated the request to Comey also is relevant to 22. White House. The next day, the President invited Comey for a one-on-one dinner against the 23. could again speak to Comey alone. The President's decision to meet one-on-one with Comey contravened the advice of the White House Counsel that the President should not communicate

PAGE V2-48 1. President had directed Flynn to discuss sanctions with Kislyak highlights the President's concern 2. about being associated with Flynn 's conduct. The evidence does not establish that the President 3. that McFarland - who did not know the full extent of Flynn 's communications with the President 4. In early March 2017, the President learned that Sessions was considering recusing from 5. the Russia investigation and tried to prevent the recusal. After Sessions announced his recusal on 6. March 2, the President expressed anger at Sessions for the decision and then privately asked Sessions to "unrecuse" On March 20, 2017, Comey publicly disclosed the existence of the FBI's 7. Attorney General Sessions Recuses From the Russia Investigation 8. In late February 2017, the Department of Justice began an internal analysis of whether Sessions should recuse from the Russia investigatian based on his role in the 2016 Trump 9. become Attorney General, Senator Sessions had not disclosed two meetings he had with Russian 10. Ambassador Kislyak before the presidential election , leading to congressional calls for Sessions to recuse or for a special counsel to investigate Russia 's interference in the presidential election . 11. President talked about Sessions a bit, said that he had heard Comey was "doing great," and said 12. that he hoped Comey would came by to say hello when he was at the White House . Comey Sessions 1/17/18 302, at 1; Hunt 2/1/18 302, at 3. 13. E.g., Adam Entous et al., Sessions met with Russian envoys twice last year , encounters he later 14. Russia investigation. I n the days that followed, the President contacted Comey and other 15. Also on March 1, the President called Comey and said he wanted to check in and see how 16. Comey . According to an email Comey sent to his chief af staff after the call, the 17. 3/1/17 Email, Comey to Rybicki; SCR012b 000030 (President's Daily Diary, 3/1/17, reflecting 18. call with Comey at 11:55 am.) 19. 3/1/17 Email, Comey to Rybicki; see Hearing on Russian election interference Before the

PAGE V2-49 1. as an attempt by the President to find out what Comey was doing with the Flynn investigation, 2. The next morning, the President called McGahn and urged him to contact Sessions to tell 3. be concerned that a recusal would make Sessions look guilty for omitting details in his 4. Presidential Address to Congress the President had delivered earlier in the week. McGahn reached out to Sessions and reported that the President was not happy about the possibility of 5. back to the President about the call with Sessions and the President reiterated that he did not want Sessions to recuse.Throughout the day, McGahn continued trying on behalf of the President to 6. avert Sessions 's recusal by speaking to Sessions 's personal counsel, Sessions 's chief of staff, and 7. Senate Majority Leader Mitch McConnell, and by contacting Sessions himself two more times." Sessions recalled that other White House advisors also called him that day to argue against his 8. That afternoon, Sessions announced his decision to recuse from any existing or future 9. States. Sessions believed the decision to recuse was not a close call, given the applicable 10. Sessions 1/17/18 302, at 3. 11. McGahn 11/30/17 302, at 18-19; Sessions 1/17/18 302, at 3; Hunt 2/1/18 302, at 4; Donaldson 12. Sessions 1/17/18 302, at 3. 13. Attorney General Sessions Statement on Recusal, Department of Justice Press Release (Mar. 2, 14. of the United States."). At the time of Sessions 's recusal, Dana Boente, then the Acting Deputy Attorney 15. of James B. Comey former Director of the FBI) ("[H]e called me one day.. .. [H]e just called to check in 16. Comey 11/15/17 302, at 17-18. 17. him not to recuse himself,from the Russia investigation. McGahn understood the President to 18. recusal. Sessions replied that he intended to follow the rules on recusal. McGahn reported 19. McGahn 11/30/17 302, at 16. McGahn 11/30/17 302, at 16-17; see SC AD 00123 (Donaldson 3/2/17 Notes) (" Just in the 20. McGahn 1/30/17 302, at 17. 21. McGahn 11/30/17 302, at 17.

PAGE V2-50 1. language in the Code of Federal Regulations (CFR), which Sessions considered to be clear and 2. Shortly after Sessions announced his recusal, the White House Counsel's Office directed 3. that Sessions should not be contacted about the matter. Internal White House Counsel's Office 4. On March 3, the day after Sessions 's recusal, McGahn was called into the Oval Office. 5. Sessions 1/17/18 302, at 1-2. 28 C.F.R. 5 45.2 provides that "no employee shall participate in a 6. Sessions 1/17/18 302, at 2. 7. Sessions 1/17/18 302, at 3. 8. the President was aware of the White House Counsel's Office direction not to contact Sessions about his 9. saying "crazy things" and trying to spin Sessions 's recusal in a way that would raise concerns about 10. no one should contact Sessions Donaldson 11/6/17 302, at 11. 11. conversation by saying, "I don't have a lawyer."The President expressed anger at McGahn about the recusal and brought up Roy Cohn, stating that he wished Cohn was his attorney. 12. SC AD 00123 (Donaldson 3/2/17 Notes). McGahn said he believed the note "No comms / 13. Serious concerns about obstruction may have referred to concerns McGahn had about the press team 14. obstruction. McGahn 11/30/17 302, at 19. Donaldson recalled that "No comms" referred to the order that 15. McGahn 12/12/17 302, at 2. 16. McGahn 12/12/17 302, at 2. 17. McGahn 12/12/17 302, at 2. 18. McGahn 12/12/17 302, at 2. Cohn.had previously served as a lawyer for the President during

PAGE V2-51 1. asking for transition-period records relating to Flynn , indicating that the FBI was still actively 2. President whereas McGahn would not. The President wanted McGahn to talk to Sessions about 3. the recusal, but McGahn told the President that DOJ ethics officials had weighed in on Sessions 's 4. at McGahn about how weak Sessions was. Bannon recalled telling the President that Sessions 's 5. recusal was not a surprise and that before the inauguration they had discussed that Sessions would 6. That weekend, Sessions and McGahn flew to Mar-a-Lago to meet with the President. Sessions recalled that the President pulled him aside to speak to him alone and suggested that Sessions should "unrecuse" from the Russia investigation. The President contrasted Sessions with Attorneys General Holder and Kennedy, who had developed a strategy to help their presidents 7. where Sessions had not. Sessions said he had the impression that the President feared that the 8. investigation could spin out of control and disrupt his ability to govern, which Sessions could have 9. Sessions 1/17/18 302, at 3; Hunt 2/1/18 302, at 5; McGahn 12/1 2/17 302, at 3. 10. Sessions 1/17/18 302, at 3-4. 11. Sessions 1/17/18 302, at 3-4 Sessions 1/17/18 302, at 3-4. Hicks recalled that after Sessions recused, the President was angry 12. and scolded Sessions in her presence, but she could not remember exactly when that conversation occurred. 13. McGahn 12/12/17 302, at 2. McGahn 12/12/17 302, at 2. 14. McGahn 12/12/17 302, at 3. Bannon said the President saw Robert Kennedy and Eric Holder 15. McGahn 12/12/17 302, at 3.

PAGE V2-52 1. is not clear whether the President knew at that time of the FBI's recent request concerning Flynn 2. We know something on Flynn / GSA got contacted by FBI / There's something hot"). 3. On March 9, 2017, Comey briefed the "Gang of Eight" congressional leaders about the 4. to Russia . The week after Comey 's briefing, the White House Counsel 5. On March 20, 2017, Comey was scheduled to testify before HPSCI. In advance of Comey 's testimony, congressional officials made clear that they wanted Comey to provide 6. Attorney General for the Russia investigation, authorized Comey to confirm the existence of the 7. Russia investigation and agreed that Comey should decline to comment on whether any particular 8. Comey 11/15/17 302, at 13-14; SNS-Classified-0000140-44 (3/8/17 Email, Gauhar to Page et 9. FBI‚ the Department of Justice, and Comey and the notes track the background materials prepared by the 10. FBI for Comey 's briefing to the Gang of 8 on Match 9. See SNS-Classified-0000140-44 (3/8/17 Email, 11. Comey 11/15/17 302, at 16; McCabc 8/17/17, at 15; McGahn 12/14/17 302, at 1. 12. Boente 1/31/18 302, at 5; Comey 11/15/17 302, at 16-17. 13. at the time, notes taken by Annie Donaldson, then McGahn 's chief of staff, on March 12, 2017, 14. U.S.C. 1001 for lying to the FBI). SC AD 00198(Donaldson 3/16/17 Notes). Donaldson and McGahn both said they believed these were targets of SSCI. Donaldson 11/6/17 302, at 15; McGahn 12/12/17 302, 15. told McGahn those individuals were the FBI's targets).

PAGE V2-53 1. Department of Justice, Comey stated that he had "been authorized by the Department of Justice to 2. crimes were committed. Comey added that he would not comment further on what the. FBI 3. the investigation. Comey was specifically asked whether President Trump was "under 4. Comey was also asked whether the FBI was 5. According to McGahn and Donaldson‚ the President had expressed frustration with Comey before his March 20 testimony, and the testimony made matters worse. The President had 6. previously criticized Comey for too frequently making headlines and for not attending intelligence 7. briefings at the White House , and the President suspected Comey of leaking certain information 8. to the media. McGahn said the President thought Comey was acting like "his own branch of 9. B. Comey ; Comey 11/15/17 302, at 17; Boente 1/31/18 302, at 5 (confirming that the Department of Justice 10. authorized Comey 's remarks). 11. B. Comey ). 12. B. Comey . 13. B. Comey . 14. Donaldson 11/6/17 302, at 21; McGahn 12/12/17 302, at 7. 15. Donaldson 11/6/17 302, at 21; McGahn 12/12/17 302, at 6-9.

PAGE V2-54 1. Press reports following Comey 's March 20 testimony suggested that the FBI was 2. investigating the President, contrary to what Comey had told the President at the end of the January 3. Miller recalled that the President was upset with Comey 's testimony and the press coverage that 4. himself" over Comey 's testimony,. ' The President called McGahn repeatedly that day to ask him 5. seek Boente's assistance in having Comey or the Department of Justice correct the misperception 6. E.g., Matt Apuzzo et al., F.B.I. Is Investigating Trump's Russia Ties, Comey Confirms, New 7. investigated by FBI, Comey confirms, Guardian (Mar. 20, 2017); see Comey 1/6/17 Memorandum, at 2. 8. 6, 2017 intelligence assessment briefing. McGahn Donaldson, and senior advisor Stephen 9. At the President's urging, McGahn contacted Boente several times on March 21, 2017, to 10. although he did remember one conversation with McGahn around this time where McGahn asked 11. said McGahn told him the President was under a cloud and it made it hard for him to govern. 12. Boente recalled telling McGahn that there was no good way to shorten the investigation and 13. attempting to do so could erode confidence in the investigation's conclusions.Boente said McGahn agreed and dropped the issue. The President also sought to speak with Boente directly, 14. but McGahn told the President that Boente did not want to talk to the President about the request 15. Donaldson 11/6/17 302, at 16-17; S. Miller 10/31/17 302, at 4; McGahn 12/12/17 302, at 5-7. 16. Donaldson 11/6/17 302, at 16-21; McGahn 12/12/17 302, at 5-7.

PAGE V2-55 1. to intervene with Comey McGahn recalled Boente telling him in calls that day that he did not 2. think it was sustainable for Comey to stay on as FBI director for the next four years, which McGahn said he conveyed to the President. Boente did not recall discussing with McGahn or 3. anyone else the idea that Comey should not continue as FBI director. 4. In the weeks following Comey 's March 20, 2017 testimony, the President repeatedly asked 5. Coats told this Office that the President never asked him to speak to Comey about the FBI 6. SC AD 00210 (Donaldson 3/21/17 Notes); McGahn 12/12/17 302, at 7; Donaldson 11/6/17 7. 302, at 19. McGahn 12/12/17 302, at 7; Burnham 11/03/17 302, at 11.

PAGE V2-56 1. reporting that Coats was upset because the President had asked him to contact Comey to convince

PAGE V2-57 1. On the morning of March 30, 2017, the President reached out to Comey directly about the 2. Russia investigation. According to Comey 's contemporaneous record of the conversation, the 3. SCR012b 000044 (President's Daily Diary, 3/30/17, reflecting call to Comey from 8:14 - 8:24 4. a.m.); Comey 3/30/17 Memorandum, at 1 (" The President called me on my CMS phone at 8: 13 am today . 5. the Record of James B.Comey former Director of the FBI, at 6).

PAGE V2-58 1. that difficult." The President asked Comey what could be done to "lift the cloud." Comey explained "that we were running it down as quickly as possible and that there would be great 2. our work. Comey also told the President that congressional leaders were aware that the FBI 3. get that fact out." The President commented that if there was "some satellite" (which Comey took to mean an associate of the President's or the campaign) that did something, "it would be 4. good to find that out" but that he himself had not done anything wrong and he hoped Comey "would find a way to get out that we weren't investigating him. After the call ended, Comey called Boente and told him about the conversation, asked for guidance on how to respond, and said 5. On the morning of April 11, 2017, the President called Comey again. According to Comey 's contemporaneous record of the conversation, the President said he was "following up to 6. under investigation." s' Comey responded that he had passed the request to Boente but not heard 7. s ' Comey 3/30/17 Memoraiidum, at 1. Comey subsequently testified before Congress about this 8. (' June 8, 201 7) (Statement for the Record of James B. Comey former Director of the FBI, at 6); Comey 11/15/17 302, at 18. 9. " C omey 3/30/17 Memorandum, at I; Comey 11/15/17 302, at 18. 10. m' Comey 3/30/17 Memorandum, at I; Comey 11/15/17 302, at 18. 11. ' 4 Comey 3/30/1 7 Memorandum, at I; Hearing on Russian election Intevference Before the Senate 12. Select Intelligence Committee, 115th Cong. (June 8, 2017) (Statement, for the Record of James B. Comey 13. Comey 3/30/17 Memorandum, at 1; Hearing on Russian election interference Before the Senate 14. Select Intelligence Committee, 115th Cong. (June 8, 2017) (Statement for the Record of James B. Comey 15. Comey 3/30/17 Memorandum, at 1; Hearing on Russian election interference Before the Senate 16. Select Intelligence Committee, 115th Cong. (June 8, 2017) (Statement for the Record of James B. Comey 17. Comey 3/30/17 Memorandum, at 2; Boente 1/31/18 302, at 6-7; Hearing on Russian election 18. the Record of James B. Comey former Director of the FBI, at 7). 19. SCR012b 000053 (President's Daily Diary, 4/11/17, reflecting call to Comey from 8:27 - 8:31 20. a.m.); Comey 4/11/17 Memorandum, at 1 ("I returned the president's call this morning at 8:26 am EDT. 21. Comey 4/11/17 Memorandum, at 1. Comey subsequently testified before Congress about this 22. the Record of James B. Comey former Director of the FBI, at 7).

PAGE V2-59 1. asked if it was too late for him to ask Comey to step down; the President responded, "No, it's not 2. comment about Comey should be removed from the broadcast of the interview, but the President 3. had reached out to Comey twice in recent weeks. The President acknowledged that McGahn 4. President that he should not talk to Comey directly to prevent any perception that the White House 5. was interfering with investigations. The President told McGahn that Comey had indicated the 6. the Department of Justice cleared it. McGahn recalled that Boente said Comey had told him 7. there was nothing obstructive about the calls from the President, but they made Comey uncomfortable. According to McGahn Boente responded that he did not want to issue a 8. ramifications and did not want to order Comey to do it because that action could prompt the 9. Comey 4/11/17 Memorandum, at l. 10. Comey 4/11/17 Memorandum, at 1. 11. Comey 4/11/17 Memorandum, at 1. In a footnote to this statement in his memorandum, Comey wrote, "His use of these words did not fit with the flow of the call, which at that point hsd moved away 12. Later in April, the President told other attorneys in the White House Counsel's Office that he had called Comey even though he knew they had advised against direct contact. Dhillon 11/21/17 302, at 2 (recalling 13. that the President said, "I know you told me not to, but I called Comey anyway."). 14. McGahn 12/12/17 302, at 9. McGahn 12/12/17 302, at 9; see Boente 1/31/18 302, at 6 (recalling that Comey told him after 15. Later that day, the President told senior advisors, including McGahn and Priebus, that he 16. would not approve of the outreach to Comey because McGahn had previously cautioned the 17. of Justice approved that action. After speaking with the President, McGahn followed up with 18. Priebus 10/13/17 302, at 23; McGahn 12/12/17 302, at 9. 19. Priebus 10/13/17 302, at 231 McGahn 12/12/17 302, at 9; see McGahn 11/30/17 302, at 9;

PAGE V2-60 1. In analyzing the President's reaction to Sessions 's recusal and the requests he made. to 2. prevent Sessions 's recusal, and in reaching out to Coats, Pompeo, Rogers, and Comey following 3. appointment of a Special Counsel" Boente did not recall that aspect of his conversation with McGahn but did recall telling McGahn that the direct outreaches from the President to Comey were a problem. Boente recalled that McGahn agreed and said he would do what he could to 4. Coats, Pompeo, Rogers, and Comey the following evidence is relevant to the elements of 5. Obstructive act. The evidence shows that, after Comey 's March 20, 2017 6. meeting that the President asked Coats to intervene with Comey and "stop" the investigation. But 7. did not ask him to speak with Comey or to help end the investigation. The other outreaches by the 8. anything to refute the stories linking the President to Russia , and the President asked Comey to 9. yet involve grand jury proceedings. The outreaches, however, came after and were in response to Comey 's March 20, 2017 announcement that the FBI, as a part of its counterintelligence mission, 10. was conducting an investigation into Russian interference in the 2016 presidential election . Comey testified that the investigation included any links or coordination with Trump campaign 11. and the President affirmatively told Comey that if "some satellite" was involved in Russian election interference "it would be good to find that out." But the President's intent in trying to 12. McGahn 12/12/17 302, at 9-10. 13. Boente 1/31/18 302, at 7; McGahn 12/12/17 302, at 9,

PAGE V2-61 1. investigation or had links to Russia . In early March, thc President attempted to prevent Sessions 's 2. recusal, even after being told that Sessions was following DOJ conflict-of-interest rules. After Sessions recused, the White House Counsel's Office tried to cut off further contact with Sessions about the matter, although it is not clear whether that direction was conveyed to the President. The 3. President continued to raise the issue of Sessions 's recusal and, when he had the opportunity, he 4. pulled Sessions aside and urged him to unrecuse. The President also told advisors that he wanted 5. Comey‚Äôs public announcement. of the FBI's Russia investigation, is nevertheless relevant to 6. After Comey publicly confirmed the existence of the FBI's Russia investigation on March 7. 20, 2017, the President was "beside himself" and expressed anger that Comey did not issue a 8. contact Boente to request that Comey make a clarifying statement. The President then asked other 9. an ongoing investigation, the President made personal outreaches to Comey asking him to "lift the 10. based on Comey 's representations. The President complained to advisors thatif people thought 11. the Russians ' was interfering with his ability to conduct foreign affairs, and he told Comey that 12. President sought to speak with Acting Attorney General Boente directly and told McGahn to

PAGE V2-62 1. Events Leading Up To and Surrounding the Termination of FBI Bdrector Comey Overview 2. Comey was scheduled to testify before Congress on May 3, 2017. Leading up to that 3. testimony, the President continued to tell advisors that he wanted Comey to make public that the 4. President was not under investigation. At the hearing, Comey declined to answer questions about 5. going to fire Comey and on May 9, he did so, using his official termination letter to make public 6. The President decided to fire Comey before receiving advice or a recommendation from the 7. it to a recommendation from the Department of Justice based on Comey 's handling of the Clinton 8. to his recommendation, the President acknowledged that he intended to fire Comey regardless of 9. On May 3, 2017, Comey was scheduled to testify at an FBI oversight hearing before the 10. President said that it would be the last straw if Comey did not take the opportunity to set the record 11. hearing, Comey declined to answer questions about the status of the Russia investigation, stating 12. completed. " Comey also declined to answer questions about whether investigators had "ruled 13. Called Comey ‚Äî Day we told him not to? 'You are not under investigation' NK/China/Sapping 14. Transcripts, at 70) (May 3, 2017) (testimony by FBI Director James Comey). Comey repeated this point 15. email investigation. After Deputy Attorney General Rod Rosenstein resisted attributing the firing 16. had previously told McGahn that the perception that the President was under investigation was 17. McGahn 12/12/17 302, at 10-11. 18. McGahn 12/12/17 302, at 7, 10-11 (McGahn believed that two foreign leaders had expressed

PAGE V2-63 1. and Sessions 's Chief of Staff Jody Hunt. At that meeting, the President asked McGahn how 2. upset and directed his anger at Sessions . According to notes written by Hunt, the President said, 3. authority with foreign leaders. Sessions responded that he had had no choice but to recuse, and 4. it was a mandatory rather than discretionary decision. Hunt recalled that Sessions also stated at 5. Sessions 1/17/18 302, at 8; Hunt 2/1/18 302; at 8. Sessions 1/17/18 302, at 8; Hunt-000021 (Hunt 5/3/17 Notes); McGahn 3/8/18 302, at 6. 6. Sessions 11/17/18 302, at 8-9. 7. invesdgated") Sessions 1/17/18 302, at 8 (Sessions recalled that a Chinese leader had said to the President 8. Sessions 1/17/18 302, at 8; Hunt-000022 (Hunt 5/31/17 Notes). 9. whether the FBI had "ruled out the president of the United States." Comey was also asked at the hearing about his decision to announce 11 days before the 10. presidential election that the FBI was reopening the Clinton email investigation. Comey stated 11. In the afternoon following Comey 's testimony, thc President met with McGahn Sessions , 12. Comey had done in his testimony and McGahn relayed that Comey had declined to answer 13. Comey . 14. (CQ Cong. Transcripts, at 17) (testimony by FBI Director James B. Comey '). 15. (CQ Cong. Transcripts, at 92) (testimony by FBI Director James B. Comey .

PAGE V2-64 1. President should consider replacing Comey as FBI director. According to Sessions when the 2. meeting concluded, it was clear that the President was unhappy with Comey but Sessions did not 3. Sessions 1/17/18 302, at 9. 4. think the President had made the decision to terminate Comey 5. Bannon recalled that the President brought Comey up with him at least eight times on May 6. know any Russians . There was no collusion" Bannon told the President that he could not fire Comey because "that ship had sailed" Bannon also told the President that firing Comey was 7. various advisors and family members, including Jared Kushner and senior advisor Stephen Miller

PAGE V2-65 1. important to the President to show that Comey was not being terminated based on any such 2. investigation. According to Miller, the President wanted to establish as a factual matter that Comey had been under a "review period" and did not have assurance from the President that he 3. Director Comey . While I greatly appreciate your informing me, on three separate occasions, that I 4. went on to critique Comey 's judgment and conduct, including his May 3 testimony before the 5. leakers accountable. The letter stated that Comey had "asked [the President] at dinner shortly 6. advisors, including McGahn Priebus, and Miller, and informed them he had decided to terminate Comey . The President read aloud the first paragraphs of the termination letter he wrote with 7. SCR013c_000003-06 (Draft Termination Letter to FBI Director Comey 8. SCR013_c_000003-06 (Draft Termination Letter to FBI Director Comey . Kushner said that the 9. termination letter reflected the reasons the President wanted to fire Comey and was the truest represeiitation 10. SCR013c_000003 (Draft Termination Letter to FBI Director Comey . 11. McGahn 12/12/17 302, at 11; Priebus 10/13/17 302, at 24; S. Miller 10/31/17 302, at 11; Dhillon

PAGE V2-66 1. and suggested that White House Counsel's Office attorneys should talk with Sessions and Rod Rosenstein , who had recently been confirmed as the Deputy Attorney General. McGahn said 2. that previously scheduled meetings with Sessions and Rosenstein that day would be an opportunity 3. At noon, Sessions Rosenstein and Hunt met with McGahn and White House Counsel 4. to fire Comey and asked for Sessions 's and Rosenstein 's views. Sessions and Rosenstein criticized Comey and did not raise concerns about replacing him. McGahn and Dhillon said the 5. fact that neither Sessions nor Rosenstein objected to replacing Comey gave them peace of mind 6. Office meeting was scheduled later that day so that Sessions and Rosenstein could discuss the 7. At around 5 p.m., the President and several White House officials met with Sessions and Rosenstein to discuss Comey . The President told the group that he had watched Comey 's May 8. Dhillon 11/21/17 302, at 7-9, Sessions 1/17/18 302, at 9; McGahn 12/12/17 302, at 13. 9. authority to terminate Comey without cause." In an effort to slow down the decision-making 10. process, McGahn told the President that DOJ leadership was currently discussing Comey 's status 11. to find out what they thought about firing Comey 12. that the President's decision to fire Comey was not an attempt to obstruct justice. 13. (the President announced in an irreversible way that he was firing Comey ; Eisenberg 11/29/17 302, at 13 14. (the President did not leave whether or not firing Comey up for discussion); Priebus 10/13/17 302, at 25; 15. Because of the Attorney General's recusal, Rosenstein became the Acting Attorney General for the Russia 16. Rosenstein 5/23/17 302, at 2; McGahn 12/12/17 302, at 14; eee Gauhar-000057 (Gauhar 5/16/17 17. Office attorney Uttam Dhillon at the White House . McGahn said that the President had decided 18. &Dhillon 302 11/21/17, at 6; Eisenberg 11/29/17 302, at 13; McGahn 12/12/17 302, at 11. 19. McGahn 12/12/17 302, at 12, 13; S. Miller 10/31/17 302, at 11; Dhillon 11/21/17 302, at 7. 20. McGahn 12/12/17 302, at 12. 21. Dhillon 11/21/17 302, at 7; McGahn 12/12/17 302, at 13; Gauhar-000056 (Gauhsr 5/16/17 22. 16, 2017). McGahn 12/12/17 302, at 13; see Gauhar-000056 (Gauhar 5/16/17 Notes). 23. McGahn 12/I 2/17 302, at 13; Dhillon 11/21/I 7 302, at 9.

PAGE V2-67 1. President said that Comey should be removed and asked Sessions and Rosenstein for their 2. views. Hunt, who was in the room, recalled that Sessions responded that he had previously 3. President was adamant that he be fired. The group discussed the possibility that Rosenstein and Sessions could provide a recommendation in writing that Comey should be removed. The 4. Sessions 1/17/18 302, at 10; see Gauhar-000058 (Gauhar 5/16/17 Notes) (POTUS to AG: What 5. Sessions 1/17/18 302 at 10; McCabe 9/26/17 302, at 13; see Gauhar-000059 (Gauhar 5/16/17 6. testimony over the weekend and thought that something was "not right" with Comey The 7. recommended that Comey be replaced. McGahn and Dhillon said Rosenstein described his 8. concerns about Comey 's handling. of the Clinton email investigatian. 9. and the discussion turned to the mechanics of how to fire Comey and whether the President's letter 10. should be used. McGahn and Dhillon urged the President to permit Comey to resign, but the 11. recommendation the fact that Comey had refused to confirm that the President was not personally 12. the fact that although Comey talks about the investigation he refuses to say that the President is not under 13. investigation...So it would be good if your recommendation would make mention of the fact that Comey 14. President agreed and told Rosenstein to draft a memorandum, but said he wanted to receive it first 15. thing the next morning. Hunt's notes reflect that the President told Rosenstein to include in his 16. under investigation. According to notes taken by a senior DOJ official of Rosenstein 's 17. Rosenstein responded that the Russia investigation was not the basis of his 18. Rosenstein he would appreciate it if Rosenstein put it in his letter anyway. When Rosenstein 19. McCabe 9/26/17 302, at 13; Rosenstein 5/23/17 302, at 2; see Gauhar-000059 (Gauhat' 5/16/17 20. Hunt-600028 (Hunt 5/8/17 Notes). McGahn 12/12/17 302, at 13.

PAGE V2-68 1. On May 9, Hunt delivered to the White House a letter from Sessions recommending Comey 's removal and a memorandum from Rosenstein addressed to the Attorney General, titled 2. for the firing than what was in Rosenstein 's and Sessions apos;s memoranda.44i The President asked 3. Rosenstein 5/23/17 302, at 4; McGahn 12/12/17 302, at 15; 5/9/17 Letter, Sessions to President 4. Memorandum, Rosenstein to Sessions (concluding with, "The way the Director handled the conclusion of 5. left the meeting, he knew that Comey would be terminated, and he told DOJ colleagues that his 6. own reasons for replacing Comey were "not [the President's] reasons." 7. Miller to draft a new termination letter and directed Miller to say in the letter that Comey had 8. end?" because she was worried that the decision to terminate Comey and the manner in which it was carried 9. Rosenstein 5/23/17 302, at 2; Gauhar-000059 (Gauhar 5/16/17 Notes) ("DAG reasons not their 10. "Restoring Public Confidence in the FBI," McGahn recalled that the President liked the DOJ 11. informed the President three times that he was not under investigation. McGahn , Priebus, and 12. Dhillon objected to including that language, but the President insisted that it be included. McGahn , Priebus, and others perceived that language to be the most important part of the letter to 13. S. Miller 10/31/17 302, at 12; McGahn 12/12/17 302, at 15; Hunt-000032 (Hunt 5/9/17 Notes). 14. McGahn 12/12/17 302, at 15; S. Miller 10/31/17 302, at 12; Dhillon 11/21/17 302, at 8, 101

PAGE V2-69 1. stated in the letters by Rosenstein and Sessions . To announce Comey 's termination, the White House released a statement, which Priebus thought had been dictated by the President. In full, 2. recommendations of both Deputy Attorney General Rod Rosenstein and Attorney General Jeff Sessions . 3. thc President. Dhillon made a final pitch to the President that Comey should be permitted to 4. press team to the Oval Office, where they were told that Comey had been terminated for the reasons 5. the statement read: "Today, President Donald J. Trump informed FBI Director James Comey that 6. President at the White House . The President told McCabe that he had fired Comey because of 7. the decisions Comey had made in the Clinton email investigation and for many other reasons. 8. The President asked McCabe if he was aware that Comey had told the President three times that 9. FBI disliked Comey and whether McCabe was part of the "resistance" that had disagreed with Comey 's decisions in the Clinton investigation. McCabe told the President that he knew Comey had told the President he was not under investigation, that most people in the FBI felt positively 10. about Comey and that McCabe worked "very closely" with Comey and was part of all the 11. thc line that said Comey advised the President on three separate occasions that the President was not under 12. investigation). According to Hunt's notes, the reference to Comey 's statement would indicate that 13. "'notwithstanding" Comey 's having informed the President that he was not under investigation, the 14. President was terminating Comey Hunt-000032 (Hunt 5/9/17 Notes). McGahn said he believed the 15. President wanted the language included so that people would not think that the President had terminated Comey because the President was under investigation. McGahn 12/12/17 302, at 15, 16. McGahn 12/12/17 302, at 15; Donaldson 11/6/17 302, at 25‚ see SC AD 00342 (Donaldson 17. Spicer 10/16/17 302, at 9; McGahn 12/12/17 302, at 16.

PAGE V2-70 1. press, coverage of Comey 's termination and ordered them to go out and defend him. The 2. press over Comey 's termination. The President asked what he should do. Christie asked, 3. White House wanted to put out a statement saying that it was Rosenstein 's idea to fire Comey 4. coverage had been great, and that he wanted Rosenstein to do a press conference. Rosenstein responded that this was not a good idea because if the press asked him, he would tell the truth that Comey 's firing was not his idea. Sessions also informed the White House Counsel's Office that 5. evening that Rosenstein was upset that his memorandum was being portrayed as the reason for Comey 's termination. 6. Gauhar-000071 (Gauhar 5/16/17 Notes). DOJ notes from the week of Comey 's firing indicate 7. The President then called Rosenstein directly and said he was watching Fox News, that the 8. Rosenstein 5/23/17 302, at 4-5; Gauhar-000059 (Gauhar 5/16/17 Notes). 9. Rosenstein 5/23/17 302, at 4-5; Gauhar-000071 (Gauhar 5/16/17 Notes). 10. that Priebus was "screaming' at the DOJ public affairs office trying to get Rosenstein to do a press 11. conference, and the DOJ public affairs office told Priebus that Rosenstein had told the President he was not

PAGE V2-71 1. received from Rosenstein and Sessions 2. President's decision to terminate Comey was driven by the recommendations the President 3. prior day to terminate Comey telling Lavrov and Kislyak; "I just fired the head of the F.B.I. He 4. politicizing the investigation into Russia 's actions, James Comey created unnecessary pressure on 5. and obviously, the termination of Comey would not have ended it. Once again, the real story is 6. President about his comments to Lavrov, the President said it was good that Comey was fired 7. comments on the Comey termination by Vice President Pence). 8. the Comey termination letter to Stephen Miller. SCR08 001274 (5/10/17 Email‚ Ciaramella to Kelly et al. 9. Matt Apuzzo et al., Trump Told Russians That Firing "Nut Job" Comey Eased Pressure From 10. President had said similar things about Comey in an off-the-record meeting with reporters on May 18, 2017, 11. calling Comey a "nut job" and "crazy"). 12. Lavrov, he did not look concerned and said of Comey, "he is crazy."m' When McGahn asked the 13. McGahn 12/12/17 302, at 18.

PAGE V2-72 1. Also on May 10, 2017, Sessions and Rosenstein each spoke, to McGahn and expressed 2. indicating their support for terminating Comey . The President also told McCabe that Comey should not have been permitted to travel back to Washington, D.C. on the FBI's airplane after he 3. had been terminated and that he did not want Comey "in the building again," even to collect his 4. President about his decision to fire Comey and then spoke to reporters in a televised press 5. members of Congress had lost confidence in Comey "[a]nd most importantly, the rank and file of 6. recommendatian of his Deputy Attorney General to remove James Comey from his position." 7. review Comey 's performance and that Rosenstein decided "on his own" to come to the President 8. on Monday, May 8 to express his concerns about Comey When a reporter indicated that the "vast 9. majority" of FBI agents supported Comey Sanders said, "Look, we've heard from countless 10. interview that rank-and-file FBI agents had lost confidence in Comey was a comment she made 11. McCabe 5/10/17 Memorandum, at 1; Rybicki 6/13/17 302, at 2. Comey had been visiting the 12. FBI's Los Angeles office when he found out he had been terminated. Comey 11/15/17 302, at 22. 13. In response to questions from reporters, Sanders said that Rosenstein decided "on his own'" to 14. concern that the White House was creating a narrative that Rosenstein had initiated the decision to

PAGE V2-73 1. really happened. During the interview, the President stated that he had made the decision to fire Comey before the President met with Rosenstein and Sessions . The President told Holt, "I was 2. fire Comey . The White House Counsel's Office agreed that it was factually wrong to say that 3. the Department of Justice had initiated Comey 's termination, and McGahn asked attorneys in 4. regardless of recommendation, I was going to fire Comey knowing there was no good time to do 5. In response to a question about whether he was angry with Comey about the Russia 6. properly. The President added that he realized his termination of Comey "probably maybe will 7. to do the right thing for the American people" and Comey was "the wrong man for that position." 8. The President described Comey as "a showboat" and "a grandstander," said that "[t]he FBI has 9. President had demanded that Comey pledge his loyalty to the President in a private dinner shortly 10. McGahn 12/1 2/17 302, at 16-17; Donaldson 11/6/17 302, at 26; see Dhillon 11/21/17 302, at 11. McGahn 12/12/17 302, at 17.

PAGE V2-74 1. as an excuse for losing the election ." The President also tweeted , " James Comey better hope 2. In analyzing the President's decision to fire Comey the following evidence is relevant to 3. Obstructive act. The act of firing Comey removed the individual overseeing the 4. FBI's Russia investigation. The President knew that Comey was personally involved in the 5. investigation based on Comey 's briefing of the Gang of Eight, Comey 's March 20, 2017 public 6. testimony about the investigation, and the President's one-on-one conversations with Comey 7. Firing Comey would qualify as an obstructive act if it had the natural and probable effect 8. or other law enforcement officials in their conduct of the Russia investigation. The President fired Comey abruptly without offering him an opportunity to resign, banned him from the FBI building, 9. highly critical of the investigation; for example, three days after firing Comey the President 10. could not fire the FBI. The White House issued a press statement the day after Comey was fired 11. that said, "The investigation would have always continued, and obviously, the termination of Comey would not have ended it." In addition, in his May 11 interview with Lester Holt, the 12. President stated that he understood when he made the decision to fire Comey that the action might 13. Michael S. Schmidt, In a private Dinner, Trump Demanded Loyalty. Comey Demurred, New

PAGE V2-75 1. that Flynn was still under criminal investigation and could potentially be prosecuted, despite the 2. President's February 14, 2017 request that Comey "let Flynn go." On March 5, 2017, the White House Counsels Office was informed that the FBI was asking for transition-period records 3. relating to Flynn , indicating that the FBI was still actively investigating him. The same day, the 4. On March 31, 2017, the President signaled his awareness that Flynn remained in legal jeopardy by 5. tweeting that "Mike Flynn should ask for immunity" before he agreed to provide testimony to the 6. message to Flynn telling him that the President felt bad for him and that he should stay strong, 7. further demonstrating the President's awareness of Flynn 's criminal exposure. 8. investigated. Comey 's refusal angered the President, who criticized Sessions for leaving him 9. though McCabe told the President he had worked "very closely" with Comey and was part of all 10. objectively foreseeable and actually contemplated by the president when he terininated Comey 11. Several facts would be relevant to such a showing. At, the time the President fired Comey 12. subpoenas had been issued. On March 20, 2017, however, Comey had announced that the FBI 13. In addition, at the time the President fired Comey evidence indicates the President knew 14. to fire Comey was Comey 's unwillingness to publicly state that the President was not personally 15. under investigation, despite the President's repeated requests that Comey make such an 16. announcement. In the week leading up to Comey 's May 3, 2017 Senate Judiciary Committee 17. testimony‚ the President told McGahn that it would be the last straw if Comey did not set the record 18. 3 testimony, Comey refused to answer questions about whether the President was being 19. advisors he had decided to fire Comey and dictated a letter to Stephen Miller that began with a 20. " Russia " in his memorandum and to say that Comey had told the President that he was not under 21. insistence and against McGahn 's advice, stating that Comey had told the President on three 22. The President's other stated rationales for why he fired Comey are not similarly supported 23. story on a Trump- Russia relationship .... " The President later asked Rosenstein to include

PAGE V2-76 1. investigation into his campaign. The day atter learning about the FBI's interview of Flynn the 2. to personal and political concerns. Although the President publicly stated during and after the election that he had no connection to Russia , the Trump Organization, through Michael Cohen , 3. "this Russia business" was making it difficult to run the country, The President told Sessions and McGahn that foieign leaders had expressed sympathy to him for being under investigation and that 4. been very loyal to you, very loyal, we had that thing, you know." After the President learned of Sessions 's recusal from the Russia investigation, the President was furious and said he wanted an 5. cited Comey 's handling of the Clinton email investigation, and the President told McCabe he fired Comey for that reason. But the facts surrounding Comey 's handling of the Clinton email 6. had made it clear to both Comey and the President's senior staff in early 2017 that he wanted Comey to stay on as director. And Rosenstein articulated his criticism of Comey 's handling of the Clinton investigation after the President had already decided to fire Comey . The President's draft 7. press after Comey 's termination that the White House had heard from "countless" FBI agents who 8. had lost confidence in Comey . But the evidence does not support those claims. The President told Comey at their January 27 dinner that "the people of the FBI really like [him]," no evidence 9. suggests that the President heard otherwise before deciding to terminate Comey and Sanders 10. We also considered why it was important to the President that Comey announce publicly 11. foreign affairs, particularly in dealings with Russia . The President told Comey that the "cloud" of 12. may have viewed Comey as insubordinate for his failure to make clear in the May 3 testimony that 13. President had a one-on-one dinner with Comey against the advice of senior aides, and told Comey he needed Comey 's "loyalty." When the President later asked Comey for a second time to make 14. The evidence does not establish that the termination of Comey was designed to cover up a

PAGE V2-77 1. particular, Michael Cohen was a potential subject of investigation because of his pursuit of the Trump 2. York, ultimately led to the conviction of Cohen in the Southern District of New York for campaign-finance 3. the President to state that it was the end of his presidency and that Attorney General Sessions had 4. failed to protect him and should resign. Sessions submitted his resignation, which the President 5. press and the public for Comey 's termination. In the immediate aftermath of the firing, the 6. decided to fire Comey before the White House solicited those recommendations. Although the 7. President ultimately acknowledged that he was going to fire Comey regardless of the Department 8. resist the White House 's suggestion that they had prompted the process that led to Comey 's 9. investigation could uncover, we considered whether the President's intent in firing Comey was connected 10. II.K,S, infra. The investigation, however, did not establish that when the President fired Comey he was 11. intent in firing Comey was otherwise connected to a concern about these matters coming to light.

PAGE V2-78 1. from the investigation. The President learned of the Special Counsel's appointment from Sessions who was with the President, Hunt, and McGahn conducting interviews for a new FBI 2. Director. Sessions stepped out of thc Oval Office to take a call from Rosenstein who told him 3. about the Special Counsel appointment, and Sessions then returned to inform the President of the 4. news."' According to notes written by Hunt, when Sessions told the President that a Special