Barr letter, March 24, 2019

AG March 24 2019 Letter to House and Senate Judiciary Committees

The Attorney General Washington, D.C. March 24, 2019 The Honorable Lindsey Graham The Honorable Jerrold Nadler Chairman, Committee Chairman, Committee on the Judiciary on the Judiciary United States House United States Senate of Representatives 290 Russell Senate Office Building 2132 Rayburn House Office Building Washington, D.C. 20510 Washington, D.C. 20515 The Honorable Dianne Feinstein The Honorable Doug Collins Ranking Member, Committee Ranking Member, Committee on the Judiciary on the Judiciary United States House United States Senate of Representatives 331 Hart Senate Office Building 1504 Longworth House Office Building Washington, D.C. 20510 Washington, D.C. 20515 Dear Chairman Graham, Chairman Nadler, Ranking Member Feinstein, and Ranking Member Collins: As a supplement to the notification provided on Friday, March 22, 2019, I am writing today to advise you of the principal conclusions reached by Special Counsel Robert S. Mueller III and to inform you about the status of my initial review of the report he has prepared. The SpecialCounsel's Report On Friday, the Special Counsel submitted to me a "confidential report explaining the prosecution or declination decisions" he has reached, as required by 28 C.P.R. § 600.8(c). This report is entitled "Report on the Investigation into Russian Interference in the 2016 Presidential Election." Although my review is ongoing, I believe that it is in the public interest to describe the report and to summarize the principal conclusions reached by the Special Counsel and the results of his investigation. The report explains that the· Special Counsel and his staff thoroughly investigated allegations that members of the presidential campaign of Donald J. Trump, and others associated with it, conspired with the Russian government in its efforts to interfere in the 2016 U.S. presidential election, or sought to obstruct the related federal investigations. In the report, the Special Counsel noted that, in completing his investigation, he employed 19 lawyers who were assisted by a team of approximately 40 FBI agents, intelligence analysts, forensic accountants, and other professional staff. The Special Counsel issued more than 2,800 subpoenas, executed nearly 500 search warrants, obtained more than 230 orders for communication records, issued almost 50 orders authorizing use of pen registers, made 13 requests to foreign governments for evidence, and interviewed approximately 500 witnesses. .1

and individuals of convictions and indictments of a number obtained Counsel Special The disclosed. During publicly been have which all of his investigation, with connection in entities offices to other matters several also referred Counsel the Special his investigation, of the course the Special did nor indictments, any further recommend does not action. The report for further the I summarize public. Below, made to be yet have that indictments sealed any obtain Counsel report. Counsel's Special the in out set conclusions principal Counsel's The Special Election. in the 2016 U.S. Presidential Interference Russian Counsel's the Special the results of into two parts. The first describes is divided report outlines report The election. U.S. presidential 2016 the in interference Russia's into investigation associated persons by committed crimes documents and election the influence to effort Russian the a that explains further report efforts. The those in connection with government Russian the with - any Americans was whether investigation for the Special Counsel's consideration primary to conspiracies Russian the joined campaign- Trump the with associated individuals including did investigation Counsel's Special crime. The be a federal would which election, the influence with or coordinated it conspired with associated or anyone campaign the Trump find that not states: "[T]he report the As election. U.S. presidential 2016 the to influence its efforts in Russia coordinated or conspired Campaign the Trump of members that establish did not investigation 1 activities." interference its election in government Russian the with efforts Russian main two were there that determined investigation Counsel's Special The the Internet organization, a Russian by attempts involved first The election. 2016 the to influence the United in operations media and social disinformation (IRA), to conduct Agency Research As the election. with interfering of aim the with eventually discord, social to sow designed States or official campaign Trump or U.S. person any that find not did Counsel Special the above, noted the Special although in its efforts, the IRA with coordinated knowingly or conspired associate connection in entities and nationals Russian of number a against charges criminal brought Counsel activities. these with computer to conduct efforts government's the Russian involved element The second election. The the to influence information disseminate and to gather designed operations hacking and into computers hacked actors successfully government that Russian found Counsel Special Party and Democratic campaign with the Clinton affiliated from persons emails obtained including intermediaries, various through materials those disseminated publicly and organizations, a against charges criminal brought Counsel the Special activities, these on WikiLeaks. Based for States United the in computers into to hack for conspiring officers military Russian of number the find that not did Counsel Special the above, as noted But the election. influencing of purposes the Russian with or coordinated it, conspired with or anyone associated campaign, Trump to assist individuals from Russian-affiliated offers . multiple despite efforts, these in government campaign. Trump the whether also considered Counsel the Special charges, conspiracy potential In assessing activities. interference election Russian with "coordinated" campaign Trump the of members the express-between or "agreement-tacit as an "coordination" defined Counsel Special The Russian the and Campaign Trump

actions by the of addresses a number second part The report's Justice. of Obstruction the Special Counsel - that public reporting of the subject have been which of - most President a "thorough concerns. After making raising obstruction-of-justice as potentially investigated to evaluate the whether the Special Counsel considered into these matters, factual investigation" decisions but and declination standards governing prosecution conduct under Department judgment. The Special Counsel prosecutorial to make a traditional not determined ultimately conduct examined the - as to whether - one way or the other draw a conclusion not did therefore sets out report the actions investigated, the relevant of obstruction. Instead, for each constituted the Special Counsel views as what and leaves unresolved the question sides of both evidence on could be actions and intent the President's whether law and fact concerning of issues" "difficult conclude that . does not this report "while The Special Counsel states that . . as obstruction viewed him." exonerate a crime, it also does not committed the President investigation his obstruction to describe the facts of decision The Special Counsel's the whether General to determine the Attorney to it leaves conclusions any legal reaching without the the investigation, a crime. Over the course of conduct described in the report constitutes many officials regarding Department certain discussions with in office engaged Special Counsel's investigation. After obstruction the legal and factual matters at issue in the Special Counsel's of officials, Department with issues; consulting these on final report the Special Counsel's reviewing guide that federal prosecution of principles the applying Legal Counsel; and Office of the including the that and I have concluded General Rod Rosenstein Attorney decisions, Deputy our charging that to establish sufficient is not investigation Counsel's the Special during evidence developed was made without offense. Our determination an obstruction-of-justice committed the President and the indictment surround that considerations on, the constitutional based to, and is not regard 2 president. a sitting of criminal prosecution that "the In making this determination, we noted that the Special Counsel recognized crime related to was involved in an underlying that the President evidence does not establish such evidence determinative, the absence of and that, while not interference," election Russian and to obtain to obstruction. Generally speaking, respect with intent the President's bears upon doubt reasonable a beyond to prove need would government conviction, the an obstruction sustain to nexus a sufficient with conduct obstructive in intent, engaged corrupt acting with person, a that took which of actions, many President's the cataloguing proceeding. In or contemplated pending a obstructive constitute no actions that, in our judgment, view, the report identifies public place in intent, corrupt with and were done proceeding, or contemplated pending nexus to a a conduct, had guiding charging federal prosecution principles of which, under the Department's each of an obstruction-of- a reasonable doubt to establish beyond decisions, would need to be proven offense. justice Review Department's the of Status will be a report The relevant regulations contemplate that the Special Counsel's Special Counsel, 64 Fed. Reg. 37,038, General. See Office of Attorney to the report" "confidential 2 24 Op. O.L.C. Prosecution, Criminal and to Indictment Amenability President}s See A Sitting 222 (2000). 3

interest public the of mindful am I however, stated, previously have 9, 1999). As I (July 37,040-41 Counsel's the Special of as much is to release goal and intent reason, my that matter. For this in policies. Departmental and law, regulations, applicable with consistent as I can report that is apparent it review, initial my and Counsel the Special with discussions my on Based 6(e), Procedure Criminal of Rule to Federal subject be could is or that material contains report the s] occurring to "matter[ relating information of disclosure and use the on restrictions imposes which certain of disclosure limits 6(e) generally Fed. R. Crim. P. 6(e)(2)(B). Rule jury." [a] grand before e) material 6( of !d. Disclosure prosecution. and investigation criminal a in information jury grand See, e.g., 18 U.S.C. circumstances. certain crime in is a rule the in forth set limits strict the beyond the that and ensures proceedings jury grand of the integrity protects 401(3). This restriction § intended for their strictly are used jury grand ofa powers investigative invaluable and unique function. justice criminal how on in part depends the report for processing the schedule restrictions, these Given public. I have be made cannot law by that e) material the 6( identify can Department the quickly the in contained e) information all 6( identifying in Counsel the Special of assistance the requested impact could that any information identify I also must as possible. Separately, as quickly report offices. As to other has referred Counsel the Special that those including matters, ongoing other in expeditiously to move forward I will be in a position is complete, process soon as that and Departmental law, regulations, applicable of in light what can be released determining policies. * * * "the that provide regulations Counsel the Special notification, initial my in As I observed to your respective notifications that public release of' General may determine Attorney and I so determined, 28 C.P.R. § 600.9(c). I have interest." public the be in "would Committees to you. it delivering after public to the letter this disclose will Sincerely, P. Barr William General Attorney 4

Next in

Next in