On May 23, 2017, the Department of Justice announced that ethics officials had determined that the Special Counsel’s prior law firm position did not bar his 537 service, generating media reports that Mueller had been cleared to serve. McGahn recalled that around the same time, the President complained about the asserted conflicts and prodded McGahn to reach out to Rosenstein about the 538 issue. McGahn said he responded that he could not make such a call and that the President should instead consult his personal lawyer because it was not a 539 White House issue. Contemporaneous notes of a May 23, 2017 conversation between McGahn and the President reflect that McGahn told the President that he would not call Rosenstein and that he would suggest that the President not 540 make such a call either. McGahn advised that the President could discuss the issue with his personal attorney but it would “look like still trying to meddle in [the] investigation” and “knocking out Mueller” would be “[a]nother fact used to 541 claim obst[ruction] of just[ice].” McGahn told the President that his “biggest exposure” was not his act of firing Comey but his “other contacts” and “calls,” 542 and his “ask re: Flynn.” By the time McGahn provided this advice to the President, there had been widespread reporting on the President’s request for Comey’s loyalty, which the President publicly denied; his request that Comey “let[] Flynn go,” which the President also denied; and the President’s statement to the Russian Foreign Minister that the termination of Comey had relieved 543 “great pressure” related to Russia, which the President did not deny. On June 8, 2017, Comey testified before Congress about his interactions with the President before his termination, including the request for loyalty, the request that Comey “let[] Flynn go,” and the request that Comey “lift the cloud” 544 over the presidency caused by the ongoing investigation. Comey’s testimony led to a series of news reports about whether the President had obstructed 545 justice. On June 9, 2017, the Special Counsel’s Office informed the White House Counsel’s Office that investigators intended to interview intelligence community officials who had allegedly been asked by the President to push back 546 against the Russia investigation. On Monday, June 12, 2017, Christopher Ruddy, the chief executive of Newsmax Media and a longtime friend of the President’s, met at the White 547 House with Priebus and Bannon. Ruddy recalled that they told him the President was strongly considering firing the Special Counsel and that he would
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