President tweeted, “Why didn’t A.G. Sessions replace Acting FBI Director Andrew McCabe, a Comey friend who was in charge of Clinton 661 investigation.” According to Hunt, in light of the President’s frequent public attacks, Sessions prepared another resignation letter and for the rest of the year 662 carried it with him in his pocket every time he went to the White House. Analysis In analyzing the President’s efforts to have Lewandowski deliver a message directing Sessions to publicly announce that the Special Counsel investigation would be confined to future election interference, the following evidence is relevant to the elements of obstruction of justice: a. Obstructive act. The President’s effort to send Sessions a message through Lewandowski would qualify as an obstructive act if it would naturally obstruct the investigation and any grand jury proceedings that might flow from the inquiry. The President sought to have Sessions announce that the President “shouldn’t have a Special Prosecutor/Counsel” and that Sessions was going to “meet with the Special Prosecutor to explain this is very unfair and let the Special Prosecutor move forward with investigating election meddling for future elections so that nothing can happen in future elections.” The President wanted Sessions to disregard his recusal from the investigation, which had followed from a formal DOJ ethics review, and have Sessions declare that he knew “for a fact” that “there were no Russians involved with the campaign” because he “was there.” The President further directed that Sessions should explain that the President should not be subject to an investigation “because he hasn’t done anything wrong.” Taken together, the President’s directives indicate that Sessions was being instructed to tell the Special Counsel to end the existing investigation into the President and his campaign, with the Special Counsel being permitted to “move forward with investigating election meddling for future elections.” b. Nexus to an official proceeding. As described above, by the time of the President’s initial one-on-one meeting with Lewandowski on June 19, 2017, the existence of a grand jury investigation supervised by the Special Counsel was public knowledge. By the time of the President’s follow-up meeting with

Mueller Report PDF - Page 363 Mueller Report PDF Page 362 Page 364