January 12, 2019
Special counsel Robert Mueller took over the inquiry into Trump when he was appointed, days after FBI officials opened it.
Star Tribune File Photos: President Donald Trump and former FBI director James Comey.
By Adam Goldman, Michael S. Schmidt and Nicholas Fandos New York Times
WASHINGTON – In the days after President Donald Trump fired James Comey as FBI director, law enforcement officials became so concerned by the president’s behavior that they began investigating whether he had been working on behalf of Russia against American interests, according to former law enforcement officials and others familiar with the investigation.
The inquiry carried explosive implications. Counterintelligence investigators had to consider whether the president’s own actions constituted a possible threat to national security. Agents also sought to determine whether Trump was knowingly working for Russia or had unwittingly fallen under Moscow’s influence.
The investigation the FBI opened into Trump also had a criminal aspect, which has long been publicly known: whether his firing of Comey constituted obstruction of justice.
Agents and senior FBI officials had grown suspicious of Trump’s ties to Russia during the 2016 campaign but held off on opening an investigation into him, the people said, in part because they were uncertain how to proceed with an inquiry of such sensitivity and magnitude. But the president’s activities before and after Comey’s firing in May 2017, particularly two instances in which Trump tied the Comey dismissal to the Russia investigation, helped prompt the counterintelligence aspect of the inquiry, the people said.
Special counsel Robert Mueller took over the inquiry into Trump when he was appointed, days after FBI officials opened it. That inquiry is part of Mueller’s broader examination of how Russian operatives interfered in the 2016 election and whether any Trump associates conspired with them. It is unclear whether Mueller is still pursuing the counterintelligence matter, and some former law enforcement officials outside the investigation have questioned whether agents overstepped in opening it.
The criminal and counterintelligence elements were coupled together into one investigation, former law enforcement officials said in interviews in recent weeks, because if Trump had ousted the head of the FBI to impede or even end the Russia investigation, that was both a possible crime and a national security concern. The FBI’s counterintelligence division handles national security matters.
If the president had fired Comey to stop the Russia investigation, the action would have been a national security issue because it naturally would have hurt the bureau’s effort to learn how Moscow interfered in the 2016 election and whether any Americans were involved, according to James Baker, who served as FBI general counsel until late 2017. He privately testified in October before House investigators who were examining the FBI’s handling of the full Russia inquiry.
“Not only would it be an issue of obstructing an investigation, but the obstruction itself would hurt our ability to figure out what the Russians had done, and that is what would be the threat to national security,” Baker said in his testimony, portions of which were read to the New York Times. Baker did not explicitly acknowledge the existence of the investigation of Trump to congressional investigators.
No evidence has emerged publicly that Trump was secretly in contact with or took direction from Russian government officials. An FBI spokeswoman and a spokesman for the special counsel’s office both declined to comment.
Rudy Giuliani, a lawyer for the president, sought to play down the significance of the investigation. “The fact that it goes back a year and a half and nothing came of it that showed a breach of national security means they found nothing,” Giuliani said Friday, though he acknowledged that he had no insight into the inquiry.
The cloud of the Russia investigation has hung over Trump since even before he took office, though he has long vigorously denied any illicit connection to Moscow. The obstruction inquiry, revealed by the Washington Post a few weeks after Mueller was appointed, represented a direct threat that he was unable to simply brush off as an overzealous examination of a handful of advisers. But few details have been made public about the counterintelligence aspect of the investigation.
The decision to investigate Trump himself was an aggressive move by FBI officials who were confronting the chaotic aftermath of the firing of Comey and enduring the president’s verbal assaults on the Russia investigation as a “witch hunt.”
A vigorous debate has taken shape among some former law enforcement officials outside the case over whether FBI investigators overreacted in opening the counterintelligence inquiry during a tumultuous period at the Justice Department. Other former officials noted that those critics were not privy to all of the evidence and argued that sitting on it would have been an abdication of duty.
The FBI conducts two types of inquiries, criminal and counterintelligence investigations. Unlike criminal investigations, which are typically aimed at solving a crime and can result in arrests and convictions, counterintelligence inquiries are generally fact-finding missions to understand what a foreign power is doing and to stop any anti-American activity, like thefts of U.S. government secrets or covert efforts to influence policy. In most cases, the investigations are carried out quietly, sometimes for years. Often, they result in no arrests.
Trump had caught the attention of FBI counterintelligence agents when he called on Russia during a campaign news conference in July 2016 to hack into the emails of his opponent, Hillary Clinton. Trump had refused to criticize Russia on the campaign trail, praising President Vladimir Putin. And investigators had watched with alarm as the Republican Party softened its convention platform on Ukraine crisis in a way that seemed to benefit Russia.
Other factors fueled the FBI’s concerns, according to the people familiar with the inquiry. Christopher Steele, a former British spy who worked as an FBI informant, had compiled memos in mid-2016 containing unsubstantiated claims that Russian officials tried to obtain influence over Trump by preparing to blackmail and bribe him.
In the months before the 2016 election, the FBI was also already investigating four of Trump’s associates over their ties to Russia. The constellation of events disquieted FBI officials who were simultaneously watching as Russia’s campaign unfolded to undermine the presidential election by exploiting existing divisions among Americans.
“In the Russian Federation and in President Putin himself, you have an individual whose aim is to disrupt the Western alliance and whose aim is to make Western democracy more fractious in order to weaken our ability, America’s ability and the West’s ability to spread our democratic ideals,” Lisa Page, a former bureau lawyer, told House investigators in private testimony reviewed by the Times.
“That’s the goal, to make us less of a moral authority to spread democratic values,” she added. Parts of her testimony were first reported by the Epoch Times.
And when a newly inaugurated Trump sought a loyalty pledge from Comey and later asked that he end an investigation into the president’s national security adviser, the requests set off discussions among FBI officials about opening an inquiry into whether Trump had tried to obstruct that case.
But law enforcement officials put off the decision to open the investigation until they had learned more, according to people familiar with their thinking. As for a counterintelligence inquiry, they concluded that they would need strong evidence to take the sensitive step of investigating the president, and they were also concerned that the existence of such an inquiry could be leaked to the news media, undermining the entire investigation into Russia’s meddling in the election.
After Comey was fired on May 9, 2017, two more of Trump’s actions prompted them to quickly abandon those reservations.
The first was a letter Trump wanted to send to Comey about his firing, but never did, in which he mentioned the Russia investigation. In the letter, Trump thanked Comey for previously telling him he was not a subject of the FBI’s Russia investigation.
Even after the deputy attorney general, Rod Rosenstein, wrote a more restrained draft of the letter and told Trump that he did not have to mention the Russia investigation — Comey’s poor handling of the Clinton email investigation would suffice as a fireable offense, he explained — Trump directed Rosenstein to mention the Russia investigation anyway.
He disregarded the president’s order, irritating Trump. The president ultimately added a reference to the Russia investigation to the note he had delivered, thanking Comey for telling him three times that he was not under investigation.
The second event that troubled investigators was an NBC News interview two days after Comey’s firing in which Trump appeared to say he had dismissed Comey because of the Russia inquiry.
“I was going to fire Comey knowing there was no good time to do it,” he said. “And in fact, when I decided to just do it, I said to myself — I said, you know, this Russia thing with Trump and Russia is a made-up story. It’s an excuse by the Democrats for having lost an election that they should’ve won.”
Trump’s aides have said that a fuller examination of his comments demonstrates that he did not fire Comey to end the Russia inquiry. “I might even lengthen out the investigation, but I have to do the right thing for the American people,” Trump added. “He’s the wrong man for that position.”
As FBI officials debated whether to open the investigation, some of them pushed to move quickly before Trump appointed a director who might slow down or even end their investigation into Russia’s interference. Many involved in the case viewed Russia as the chief threat to American democratic values.
“With respect to Western ideals and who it is and what it is we stand for as Americans, Russia poses the most dangerous threat to that way of life,” Page told investigators for a joint House Judiciary and Oversight Committee investigation into Moscow’s election interference.
FBI officials viewed their decision to move quickly as validated when a comment the president made to visiting Russian officials in the Oval Office shortly after he fired Comey was revealed days later.
“I just fired the head of the FBI. He was crazy, a real nut job,” Trump said, according to a document summarizing the meeting. “I faced great pressure because of Russia. That’s taken off.”
Published: January 11, 2019