ÖSTERREICH UND DIE EUROPÄISCHE DIMENSION Von David C

Home , Barr letter, Benjamin Wittes, Joseph diGenova, William Ruckelshaus

Published by ACIPSS Vol. 13, No. 2/2019

DESINFORMATION UND COVID-19: ÖSTERREICH UND DIE EUROPÄISCHE DIMENSION von David C. Jaklin

PANDEMIE-DISKURSE: ÜBER DIE INDIAʼS SECURITY OUTLOOK: AN MANGELNDE FÄHIGKEIT, MIT EXPLANATION THROUGH THE CONCENTRIC UNSICHERHEIT ZURECHTZUKOMMEN CIRCLES APPROACH von Manfred Prisching by Aditi Malhotra

THE POWER OF FEAR. SOVIET “WE NEVER SLEEP!” A DISCUSSION INTELLIGENCE, THE POLITBURO, AND WITH BRIGADIER GENERAL (RET.) THE 1979 THREAT FROM AFGHANISTAN YOSSI KUPERWASSER by Michael Fredholm by Adrian Hänni and Duncan Bare JIPSS VOL.13, NR.2/2019

MEDIENINHABER, HERAUSGEBER UND VERLEGER JIPSS ADVISORY BOARD Austrian Center for Intelligence, Propaganda Die JIPSS-Redaktion überarbeitet derzeit ihre Arbeitsprozesse, and Security Studies (ACIPSS) um insbesondere das neue Double-blind-Peer-Review- Verfahren besser integrieren zu können. Darin soll das Advisory HERAUSGEBERKOMITEE DIESER AUSGABE Board künftig aktiver eingebunden werden. Gleichzeitig Paul Schliefsteiner (Koordination) würden wir es gerne erweitern und diversifizieren. Sollten Sie über entsprechende (akademische oder praktische) Patrick Sensburg Qualifikationen verfügen und sich einbringen wollen, würden Adrian Hänni wir uns über eine Kontaktaufnahme freuen: [email protected]. Jeremy Stöhs Wenn Sie schon bisher unserem Advisory Board angehört Dieter Bacher haben, danken wir Ihnen sehr für Ihre Mitarbeit. Sollten Sie Wolfgang Göderle uns auch zukünftig unterstützen wollen, würden wir uns darüber sehr freuen und ersuchen ebenfalls um eine kurze REDAKTION/EDITORIAL COMMITTEE Nachricht an [email protected]. Martin Moll (Chefredakteur/Executive Editor) The JIPSS editorial team is currently revising its work Sarah Lang (Rezensionsredakteurin/Reviews Editor) processes, with a particular focus on better integrating the Jamie Harrison (Korrektorat und Redaktion englischsprach- new double-blind peer review process. The Advisory Board iger Beiträge/English Language Editor) is to be more actively involved in this in the future, and Dieter Bacher, Paul Schliefsteiner, Jeremy Stöhs, David consequently, we would like to expand and diversify it. If Jaklin, Carolin Schliefsteiner (Redakteure/Editors) you have appropriate (academic or practical) qualifications and would like to contribute, we would be pleased to hear EDITORIAL OFFICE UND VERLAGSANSCHRIFT from you: [email protected]. ACIPSS If you have already been a member of our Advisory Board, Attemsgasse 8/III, 8010 Graz, Austria we thank you very much for your service. If you would like [email protected] to continue to support us in the future, we would be very www.acipss.org pleased to hear from you as well and would ask you to send a short message to [email protected]. BLATTLINIE Das Journal for Intelligence, Propaganda and Security Studies Die Beiträge geben die Meinungen der Verfasserinnen (JIPSS) dient der Publikation von Forschungsergebnissen und Verfasser, aber nicht zwingend jene der Redaktion, und der Diskussion von Fragen der Nachrichtendienste, von ACIPSS oder des Herausgeberkomitees wieder. Trotz Propaganda und Sicherheitspolitik. intensiver Bemühungen und sorgfältiger Bearbeitung erfolgen alle Angaben und Informationen ohne Gewähr. LAYOUT Haftungen von ACIPSS, des Herausgeberkomitees, der Alexander J. Pfleger & Melissa Pfleger Redaktion oder der Autorinnen und Autoren sind ausdrücklich ausgeschlossen. Die verwendeten Fotos, Bilder, Grafiken COVER und Zeichnungen etc. wurden – außer in jenen Fällen, in Foto von Ilkin Zeferli, lizensiert via Shutterstock denen es anders vermerkt ist – von den Autorinnen und (Nr. 1727589901), künstlerisch interpretiert von Autoren geliefert, die laut Autorenrichtlinien ausdrücklich Alexander J. Pfleger. für die Beachtung und gegebenenfalls den Erwerb der notwendigen Bild- bzw. Reproduktionsrechte verantwortlich zeichnen. Bei allfälligen Verstößen gegen die Urheber- oder Die Publikation des JIPSS wird durch eine Förderung des Werknutzungsrechte haben sich deren Inhaber direkt an Landes Steiermark ermöglicht. die Autoren zu wenden. The publication of JIPSS is made possible thanks to the All opinions expressed are those of the individual authors, generous support from the government of Styria. and not necessarily those of the editors, ACIPSS’s, or the editorial committee. Despite intensive efforts and careful HERSTELLER processing, no responsibility is taken for the correctness ÖH-Servicebetriebe Graz of this data or information. Any liability of ACIPSS, the editorial committee, the editors or the authors is excluded. ISSN 1994 4101 All photographs, images, graphics and drawings etc. used (except in cases where otherwise noted) are supplied by the  ACIPSS authors, who are, as it is explicitly stated in the guidelines for authors, ultimately responsible for adhering to copyright laws and, if necessary, the acquisition of reproduction JIPSS is listed by rights. In the event of any copyright or reproduction right infringements, the owners of said rights have to contact the individual author(s) directly.

2 JIPSS VOL.13, NR.2/2019

INHALT/CONTENTS

6 EDITORIAL: ADRIAN HÄNNI, Crypto, Corona & Co.

Topical Essays

12 MANFRED PRISCHING, Pandemie-Diskurse: Über die mangelnde Fähigkeit, mit Unsicherheit zurechtzukommen

27 DAVID CHRISTOPHER JAKLIN, Desinformation und COVID-19: Österreich und die europäische Dimension

45 ADITI MALHOTRA, Indiaʼs Security Outlook: an Explanation through the Concentric Circles Approach

54 ANTONIO-MARIA MARTINO, Foreign (Terrorist) Fighters: Aktive Rückholung oder Strafverfolgung in der Region?

71 KATHARINA LANGWALD, Formen und Institutionen nachrichtendienstlicher Kooperation auf EU-Ebene: Ein Forschungsüberblick

84 KURT HAGER, Sicherheitspolitik in Österreich. Erkenntnisse aus der Ratspräsidentschaft und aktuelle Herausforderungen

89 GLENN HASTEDT, The Mueller Report: Its Origins, Findings, and Potential Significance

104 MICHAEL FREDHOLM, The Power of Fear. Soviet Intelligence, the Politburo, and the 1979 Threat from Afghanistan

123 SIEGFRIED BEER, Recherche, Synthese, Consulting: Die Forschungs- und Analyseabteilungen des US-Kriegs- geheimdienstes COI/OSS und Österreich, 1941-1945/50

Interview

135 “We Never Sleep!” A Discussion with Brigadier General (Retired) Yossi Kuperwasser of the IDF Intelligence Research Division about Jointness in Intelligence and the Israeli Approach by Adrian Hänni and Duncan Bare

Documentation

144 THOMAS GOISER, CLAUDIA KÖRMER, Bewachung ohne Ausbildung, ohne Standards? Erkenntnisse und Impulse aus dem KIRAS-Projekt AQUS: Ausbildungs- und Qualitätsstandards für SicherheitsdienstleisterInnen

152 DAVID CHRISTOPHER JAKLIN, Militärische Geheimdienste am Vorabend des Ersten Weltkriegs/Military Intelligence on the Eve of the First World War

Book & Film Reviews

157 Katherine Ellison, Susan Kim (eds.), A Material History of Medieval and Early Modern Ciphers. Cryptography and the History of Literacy; Katherine Ellison, A Cultural History of Early Modern English Cryptography Manuals (Sarah Lang)

160 Walter Fuchs, Roland Sedivy, Thomas Simon, Das k.u.k. Verbrecheralbum/The Criminal Album of the Austro-Hungarian Monarchy (Christian Bachhiesl)

162 Vince Houghton, The Nuclear Spies. Americaʼs Atomic Intelligence Operation against Hitler and Stalin (Martin Moll)

164 Thomas Riegler, Österreichs geheime Dienste. Vom Dritten Mann bis zur BVT-Affäre (Walter Blasi)

166 Jeffrey D. Simon, The Alphabet Bomber. A Lone Wolf Terrorist Ahead of his Time (Florian Hartleb)

168 Florian Hartleb, Lone Wolves – The New Terrorism of Right-Wing Single Actors (Jannis Jost)

171 Michael V. Hayden, The Assault on Intelligence. American National Security in an Age of Lies (Siegfried Beer)

174 Mark M. Lowenthal, The Future of Intelligence (Johanna Fürst)

176 Propaganda: The Art of Selling Lies (Stefan Auer)

178 The Distant Barking of Dogs (Cordula Simon)

Articles marked with are double-blind peer reviewed.

5 JIPSS VOL.13, NR.2/2019, 89-103

Glenn Hastedt THE MUELLER REPORT: ITS ORIGINS, FINDINGS, AND POTENTIAL SIGNIFICANCE

Glenn Hastedt has a PhD in political science from Indiana University. He is professor and chair of the Justice Studies Department at James Madison University. Has- tedt is the author of American Foreign Policy: Past, Present, and Future (Lanham-New York-London 122020) and has published widely in the field of intelligence policy. Contact: [email protected]

Zusammenfassung: DER MUELLER-REPORT: ENTSTEHUNG, BEFUNDE, BEDEUTUNG

Im Juni und Juli 2016 veröffentlichten DCLeaks und WikiLeaks etwa 19.000 Emails von führenden Funktio- nären des Democratic National Committee. Im Oktober bestätigte das US-Department of Homeland Security, dass die geleakten Mails das Ergebnis der US-Präsidentschaftswahl beeinflussen sollten. Die Entdeckung dieser Leaks, die folgende Untersuchung des Federal Bureau of Investigation (FBI) und die Kontroverse, die diese Untersuchung begleitete, führten im Mai 2017 zur Ernennung eines Special Counsels, Robert Mueller, um die russische Einmischung in die Wahl von 2016 zu untersuchen. Sein Bericht beschreibt umfassende und systematische russische Einmischung in diese Wahl. Er nennt zahlreiche Kontakte zwischen Personen mit Verbindungen zur russischen Regierung und Donald Trumps Wahlkämpfern, kommt jedoch zum Schluss, dass keine ausreichenden Beweise für strafrechtliche Anklagen vorlägen. Der Mueller-Report prüft auch die Frage, ob es während der Untersuchung zu einer Behinderung der Justiz gekommen ist. Die Schlussfolge- rung lautet: „If we had confidence after a thorough investigation of the facts the President did not commit obstruction of justice we would so state. Based on the facts and the applicable legal standards, however, we are unable to reach that judgment […] Accordingly, while this report does not conclude that the President committed a crime, it also does not exonerate him.“ Dieser Artikel stellt zunächst die Untersuchung Muellers in ihren historischen Kontext. Danach werden die Ereignisse, die zur Untersuchung führten, deren Befunde, die Reaktionen auf die Veröffentlichung des Berichts und die Kommentare von Justizminister William Barr diskutiert. Abschließend erfolgt eine Beurteilung der Bedeutung des Mueller-Reports.

On 17 May 2017 Deputy Attorney General Rod Ro- sufficient to establish that the President committed senstein appointed Robert S. Mueller III as special an obstruction of justice offense.”2 Barr’s conclusion investigator “to investigate Russian interference in and public comments he made prior to the release the 2016 presidential election and related matters.”1 of a redacted version of Mueller’s report were at Mueller’s 22 month investigation formally ended on times inconsistent with its findings. Mueller obser- 22 March 2019 when he submitted his report to At- ved that Barr’s summary “did not fully capture the torney General William Barr. On 24 March, Barr sent context, nature, and substance” of the investigative Congress a four-page letter summarizing the report’s undertaking and that “if we had confidence that the findings. It concluded that he and Rosenstein found president clearly did not commit a crime, we would “the evidence gathered by the special counsel is not have said so.”3 The significance of the Mueller Report

89 HASTEDT, THE MUELLER REPORT: ITS ORIGINS, FINDINGS, AND POTENTIAL SIGNIFICANCE © Various

Fig. 1: Apart from the U.S. Department of Justice, several publishers and retailers released Mueller’s report, at least in redacted form. lies not just in its findings but the place it occupies in close ally of Grant and was employed by the Tre- the larger dynamics of American politics. We begin asury Department. Another target was his personal by placing the Mueller investigation in a historical secretary who was the recipient of gifts and sought to context and then examine the events leading to the head off the investigation. Initially Grant supported investigation, its findings, the reaction to the report the investigation but after indictments were handed and Barr’s comments, and conclude by making judg- down against these individuals, Grant sought to cur- ments about the implications of the Mueller Report. tail it and fired Henderson. In the end, testimony by Grant secured the release of his personal aide. 110 HISTORICAL CONTEXT OF THE MUELLER people were convicted and over $ 3 million in taxes INVESTIGATION were recovered. A second case involving the use of a special In two important respects, the Mueller investigation prosecutor was the 1920s Teapot Dome Scandal. was not without precedent. First, it was not the first This case centered on Albert Fall who as Secretary instance in which a special prosecutor was appointed of the Interior for then President Warren Harding to investigate allegations of misconduct or lawbrea- accepted bribes from oil companies in exchange for king.4 Second, foreign interference in elections is not new.5 The first special prosecutor investigated the “Whiskey Ring” in President Ulysses S. Grant’s administration in 1875. Begun as a political support group for Grant’s reelection and other Republican candidates, the Whiskey Ring soon evolved into a collection of whiskey distillers, Internal Reve- nue Service agents, Treasury Department clerks, storekeepers, and others operating out of St. Louis, Milwaukee, and Chicago who drained off liquor tax revenues at the rate of an estimated $ 1.5 million per year. In 1874, Grant appointed Benjamin Bristow to be Secretary of the Treasury. Upon learning of the Whiskey Ring, Bristow – without the knowledge of Grant or the Attorney General – set in motion an undercover campaign to terminate its operations. In © Thomas Nast May 1875, some 300 members of the Whiskey Ring Fig. 2: The Mueller investigation was not the were arrested. The following month Grant appointed first instance in which a special prosecutor John Henderson as special prosecutor to investigate was appointed to investigate allegations of misconduct or lawbreaking. Already in 1875 the Whiskey Ring in hopes of avoiding charges of President Grant appointed John Brooks Henderson conflict of interest. One of its key founders was a to investigate the “Whiskey Ring”.

90 JIPSS VOL.13, NR.2/2019 exclusive drilling rights to government property near A different reality lay beneath the surface. In Janu- Teapot Dome, Wyoming and two sites in California. ary 1972, G. Gordon Liddy, Finance Counsel for the Congress had designated the oil on these sites for Committee for the Re-Election of the President, and future use by the Navy, which was transitioning its former presidential aide John Ehrlichman presented ships from using coal to oil. Fall convinced Harding a plan to Attorney General John Mitchell and Presi- to transfer control over the oil reserves from the dential Counsel John Dean organized around illegal Navy to his office. Fall then leased exclusive drilling activities targeting the Democratic Party to help get rights to the Teapot Dome and California properties Nixon re-elected. Mitchell initially rejected the plan to two of his close friends without putting the sites but later endorsed a revised version that included out for bids. In return, Fall received a $ 100,000 burglarizing the Democratic National Committee no-interest loan and gifts totaling over $ 400,000. headquarters to photograph key documents and Word of the arrangement soon leaked to the press. place wiretaps on phones. This plan was carried out In order to repress stories, one of those who recei- in May. Not all of the wiretaps worked and a second ved a contract, Harry Sinclair, paid $ 1 million to burglary was organized whose mission would be to publishers of the Denver Post and two oilmen who fix a wiretap placed on phones that had been secretly claimed the process cheated them. Harding himself installed the prior month. These were the burglars is suspected of having taken money from Sinclair in who were caught. a business deal. Harding unexpectedly died in office An attempt to cover up any link between the in 1923. Calvin Coolidge became president. By this burglars and the Nixon administration soon began. time, the Senate had begun investigations into Fall’s Dean and Acting FBI Director L. Patrick Gray each many dealings. Now two special prosecutors, one a separately destroyed evidence in Hunt’s safe linking Republican senator, the other a Democratic senator, him to the operation. Nixon instructed Chief of Staff were appointed to continue the investigations. In John Haldeman to have the CIA block the FBI’s in- the course of the investigations, Sinclair refused to vestigation into where money found in the possession answer some of the questions put to him arguing of the burglars came from. These cover-up efforts Congress could not inquire into his private life. The failed. Press reporting by Bob Woodward and Carl Supreme Court rejected this claim. Sinclair served six Bernstein that drew upon information given them months in prison for contempt of Congress and jury by an anonymous source (“Deep Throat”) created tampering. Fall served nine months in jail. A 1927 significant political pressure on the Nixon admi- Supreme Court decision voided the lease agreements. nistration to provide additional information. So too The third case began with a break-in to the head- did the establishment of a Senate select committee quarters of the Democratic National Committee in under the leadership of Sam Ervin to investigate the Watergate office complex by five men on 17 June Watergate. As pressure grew, Nixon sought to shift 1972. A security guard discovered the operation and the blame away from himself. Nixon asked for the called police. The FBI was brought into the case resignations of Haldeman and Ehrlichman. He also and quickly found the name of E. Howard Hunt, a authorized his new attorney General Elliott Richardson former CIA officer, in one of their address books. to appoint a special prosecutor. Richardson appointed It soon became known that all of the burglars had Archibald Cox. connections to the Republican National Committee. Nixon’s effort to shift blame away from him to In August, President Richard Nixon publicly stated his aides failed when it became known that Nixon that his White House staff was not involved in the had routinely tape recorded all his conversations. break-in and characterized it as a third-rate burglary. Cox subpoenaed these tapes. Nixon refused citing In October, the press reported that the FBI had con- executive privilege and ordered Cox to drop the cluded the break-in was part of a large-scale political subpoena. When Cox refused on 20 October 1973, spying and sabotage operation to advance Nixon’s Nixon ordered Richardson to fire him. Richardson re-election by the Republican National Committee. resigned in protest. Next Deputy Attorney General All of the burglars either pled guilty or were con- William Ruckelshaus was ordered to fire Cox. He victed on 30 January 1973. Nixon had arranged for too resigned in what became known as the “Saturday hundreds of thousands of dollars to be delivered to Night Massacre”. Ultimately Solicitor General Robert the burglars in return for keeping silent. Bork fired Cox. The political storm that followed led

91 HASTEDT, THE MUELLER REPORT: ITS ORIGINS, FINDINGS, AND POTENTIAL SIGNIFICANCE to Bork hiring Leon Jaworski as special prosecutor to groups. A joint statement by Senator Diane Feinstein continue the investigation. The question of executive and Congressman Adam Schiff, both Democrats privilege was ultimately decided by the Supreme serving on their respective congressional intelli- Court on 24 July 1974 when it ruled 8-0 against gence committees, on 22 September 2016 gave Nixon who was ordered to release the subpoenaed added credence to this conclusion. They asserted tapes which he did on 30 July. Later that month the that based on information provided to them by the House Judiciary Committee voted out three articles intelligence community, Russia was “making a of impeachment (obstruction of justice, abuse of serious and concerted effort to influence the U.S. power, and contempt of Congress). On 9 August election.” Their goal in making this statement ap- following the release of yet another damning tape peared to be to pressure the Obama administration recording in which he is heard approving the cover into taking a more aggressive policy with regard up and facing near certain conviction by the Senate, to Russian interference in the election. The Obama Nixon resigned. administration’s position had been to wait until the Foreign interference in elections also is not new. FBI had completed its investigation.7 As Donald Trump noted in his conversation with Some two weeks later, on 8 October, the Obama Russian officials in 2017, he was not concerned about administration officially accused Russia of stealing Russian interference in the U.S. election because the and disclosing emails from the Democratic National U.S. did so in other countries.6 The Cold War period Committee and key individuals. A statement issued saw a series of efforts by the U.S. to influence elec- by the Department of Homeland Security confirmed tions. Two notable cases involved Italy and Chile. that the leaked emails were intended to influence the The U.S. engaged in a variety of efforts to influence outcome of the presidential election. It noted that the the 1948 Italian election. They included short wave intelligence community was not certain as to who was radio broadcasts asserting that the Italian Communist responsible but added “in most cases [it] originated Party, should it win, would send workers to gulags; from servers operated by a Russian company.” The coordinating a mass letter writing campaign from Department of Homeland Security stopped short of the Italian Diaspora in the U.S. back to Italy; and alleging the Russian government was responsible forging letters discrediting communist party leaders for those probes.8 The FBI had been following the that were supposedly written by party officials. U.S. activities of Russian operatives and members of the covert electoral intervention in Chile began under Trump presidential campaign since July 2016 as part of president John F. Kennedy, who directed that money operation Crossfire Hurricane. They did so in response be provided secretly to a number of anti-communist to information passed to U.S. government officials parties. The 1962 and 1964 elections saw the CIA by Australian officials concerning comments made provide the governing Christian Democratic Party by Trump campaign advisor George Papadopoulos with $ 4 million in aid to defeat Salvador Allende’s to the effect that Russia possessed highly damaging Socialist Workers Party, mostly through radio and information about Hillary Clinton. A declassified print advertising campaigns. In between elections, document and accompanying emails released on the CIA sought to solidify Christian Democratic rule July 24, 2020 by John Ratcliffe, Director of National through such measures as establishing right-wing Intelligence, to Republican Senators investigating think tanks to distribute propaganda, bribe legislators, the origins of the Russian investigation revealed and train demonstrators. These efforts failed in 1970 that the intelligence agents who gave candidate Do- when Allende was elected. nald Trump his first intelligence briefing on August 17, 2016 were involved in that investigation. The BACKGROUND TO THE MUELLER INVESTIGATION summary notes of that meeting indicated that the intelligence agents “actively listened for topics or In June and July 2016, DCLeaks and WikiLeaks questions regarding the Russian Federation.”9 After released some 19,000 emails involving leading another round of WikiLeaks releases, a federal judge Democratic National Committee officials. Guccifer approved a request from the FBI to investigate Carter 2.0 claimed to be the source of the leaks. Numerous Page, a former Trump advisor who the FBI suspected cybersecurity firms asserted that the leaks were to be a Russian agent. Others investigated included part of a coordinated attack by Russian intelligence retired General Michael Flynn, soon to be Trump’s

92 JIPSS VOL.13, NR.2/2019 national security advisor, and Paul Manafort, Trump’s Congress stepped up its engagement in the matter as campaign chairman. the Senate Select Intelligence Committee, the House Trump and his supporters called into question the Permanent Select Committee on Intelligence, and the legitimacy of the FBI’s investigation into connections Senate Judiciary Committee announced they were between the Trump campaign and Russia citing the beginning investigations into Russian interference Steele Dossier, which became public on 10 January in the presidential election. 2017.10 This 35-page collection of intelligence reports Less than one month into Trump’s administration, for a private intelligence organization, Fusion GPS, Flynn resigned as national security advisor for lying written by Christopher Steele, the former head of the to the FBI over contacts with Russian officials du- Russian desk of the British intelligence service MI6, ring the presidential transition. As the investigation claimed that Trump campaign officials worked with progressed, Trump became increasingly dissatisfied Russians to interfere in the 2016 presidential election with Attorney General Jeff Sessions, to whom the hoping to elect Trump. Fusion GPS had originally FBI reports. Because Sessions had met with Russian been contacted by Republican “never Trump” sup- Ambassador to the U.S., Sergei Kislyak in 2016, porters to gather information on Trump’s business when he was still a member of the Senate, Sessions and entertainment activities. When it was clear Trump recused himself from any involvement in the inves- would be the Republican nominee they ended their tigation. With Sessions’ decision to recuse himself, relationship with Fusion GPS. It then reached out supervision of the FBI’s investigation fell to Deputy to a law firm representing Hillary Clinton and the Attorney General Rod Rosenstein. Trump did not want Democratic National Committee to see if they would Sessions to recuse himself and asserted in July 2017 be interested in continuing to fund the project. Once that had Sessions told him he would do so Trump hired to do so, Fusion GPS subcontracted the research would not have nominated him for the position of to Steele’s firm. There was nothing inherently illegal Attorney General. Sessions ultimately resigned on for either Republicans or Democrats contracting to 7 November 2018, the day after the midterm elections, obtain this information. It is a common means used stating he did so at Trump’s request. to obtain data about an opponent. Steele claims to have found “troubling information about the connections between Trump and the Russian government.” Acting on his own, Steele forwarded the material to British and American intelligence officials. That information was both well received and lost in the bureaucracy. It rose to the top in September when Steele gave a briefing to FBI officials about his report. In December, Senator John McCain received a copy of the Steele Dossier and shared it with FBI Director James Comey who

on 6 January informed President-elect Trump of its Investigation for Bureau © Federal existence but not of its links to the Democratic Party. Fig. 3: FBI Director James Comey during a July The FBI agreed to pay Steele to continue collecting 5, 2016 press briefing at FBI Headquarters on the investigation of Hillary Clinton’s use of information after receiving the Steele Dossier. This a personal e-mail system. arrangement ended when the Steele Dossier became public. Trump was also unhappy with FBI Director Comey’s The FBI’s investigation and revelations of con- handling of the investigation into allegations of tacts between the Trump campaign and Russians Russian interference in the 2016 presidential elec- continued after the election and into the Trump tion. Matters came to head with his 3 May 2017 administration. In January 2017, the intelligence testimony before the Senate Judiciary Committee community officially stated that Russian President where he declined to answer questions about whether Vladimir Putin had ordered a covert operation to Trump personally was under investigation. Trump help elect Trump by promoting disagreement and lashed out at Sessions saying: “This is terrible Jeff. friction among the American public. In early 2017, It’s all because you recused […] You left me on an

93 HASTEDT, THE MUELLER REPORT: ITS ORIGINS, FINDINGS, AND POTENTIAL SIGNIFICANCE island.”11 Sessions defended himself saying he had the 2016 presidential election and related matters.” no choice but to recuse. Two days after Comey’s Mueller took over the FBI investigation into Russian testimony, Trump began drafting a letter announcing interference in the election. In testimony to Congress Comey’s firing. Trump fired Comey on 9 May 2017. on 20 March 2017, Comey identified the terms of According to the announcement, Trump acted on the that investigation as being to examine: recommendation of Sessions and Rosenstein. In a 1. Any links and/or connections between the letter to Trump, Rosenstein asserted that Comey’s Russian government and individuals associated leadership had damaged the reputation and credibility with the campaign of President Donald Trump. of the FBI. In reality, Trump solicited the letters to 2. Any matters that arose or may arise directly support his decision. Public reference also was made from the investigation. to Comey losing the support of FBI personnel as a 3. Any other matters within the scope of 28 C.F.R. justification. Later this was admitted not to be true. 6004(a).15 Comments made to the press by Trump suggested When informed of the establishment of a special that his dissatisfaction with the Russian investigation investigator by Sessions, Trump responded: “Oh my played a major role in this decision: “I said to myself, God. This is terrible. This is the end of my presidency. ‘You know this Russia thing with Trump and Russia is I’m f----d.”16 Trump sought to force Mueller to with- a made up story.’”12 Right after the firing, in a meeting draw from the investigation by repeatedly claiming in the White House with Russian Foreign Minister in private conversations and public statements that Sergey Lavrov and the Russian Ambassador to the Mueller had two conflicts of interest.17 First, Trump U.S., Sergey Kislyak, Trump stated: “I just fired the asserted Mueller had sought and been interviewed head of the FBI. He was crazy, a real nut job […] I for the position of FBI Director but Trump turned faced great pressure because of Russia. That’s taken him down. Then White House Chief Strategist Steve off […] I’m not under investigation.”13 Additional Bannon reported that this was not the case. Second, links to the role that the Russian probe placed in Trump asserted that Mueller had been involved in Comey’s firing were found in events just prior to a “nasty and contentious” dispute over Mueller’s his dismissal. The day before his firing, Comey membership fees with Trump’s National Sterling reportedly sought additional funding for the inves- Golf Course. Mueller left the club but denied there tigation. And, hours before Comey’s firing, federal was a dispute. White House advisors indicated to prosecutors issued jury subpoenas to associates of Trump that this did not constitute a conflict of interest. Michael Flynn, who had briefly served as national security advisor before having to resign for lying to MUELLER REPORT FINDINGS: VOLUME I the FBI over contacts with Russian officials during the presidential transition. Volume I presents the results of the Special Counsel’s With Comey’s firing political pressures to create a investigation into Russian interference in the 2016 special prosecutor reached new heights. These pres- presidential election and its interactions with the sures increased even more with the 16 May public Trump presidential campaign. The report outlined release of Comey’s personal memo regarding his how Russia interfered in the presidential election meetings with Trump. In a 14 February meeting, one primary in a “sweeping and systematic fashion” day after Flynn resigned as national security adviser, through 1) a social media campaign and 2) cyber Trump said to Comey: “I hope you can see your way hacking and information dumping operations. The to letting this [the investigation into Flynn] go […] report also identified numerous links between in- He is a good guy.”14 Comey later admitted he released dividuals with ties to the Russian government and the memo in hope of getting the administration to individuals associated with the Trump campaign. appoint a special prosecutor. It concluded there was not sufficient evidence to On 17 May Rosenstein appointed Robert Mueller support criminal charges. as special investigator. Mueller had extensive govern- Russia’s social media campaign began with ef- ment experience serving as an assistant attorney gene- forts by the Internet Research Agency (IRA), a St ral, acting deputy attorney general and most recently Petersburg-based firm funded by a Russian oligarch as director of the FBI from 2001-2013. Mueller’s reportedly with close ties to Putin. Its objective was charge was “to investigate Russian interference with to “provoke and amplify political and social discord

94 JIPSS VOL.13, NR.2/2019

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ORDER NO. 3915-2017 APPOINTMENT OF SPECIAL COUNSEL TO INVESTIGATE RUSSIAN INTERFERENCE WITH THE 2016 PRESIDENTIAL ELECTION AND RELATED MATTERS

By virtue of the authority vested in me as Acting Attorney General, including 28 U.S.C. §§ 509, 510, and 515, in order to discharge my responsibility to provide supervision and management of the Department of Justice, and to ensure a full and thorough investigation of the Russian government's efforts to interfere in the 2016 presidential election, I hereby order as follows:

(a) Robert S. Mueller III is appointed to serve as Special Counsel for the United States Department of Justice.

(b) The Special Counsel is authorized to conduct the investigation confirmed by then-FBI Director James B. Corney in testimony before the House Permanent Select Committee on Intelligence on March 20, 2017, including:

(i) any links and/or coordination bet ween the Russian government and individuals associated with the campaign of President Donald Trump; and

(ii) any matters that arose or may arise directly from the investigation; and

(iii) any other matters within the scope of 28 C.F.R. § 600.4(a).

(c) If the Special Counsel believes it is necessary and appropriate, the Special Counsel is authorized to prosecute federal crimes arising from the investigation of these matters.

(d) Sections 600.4 through 600. l 0 of Title 28 of the Code of Federal Regulations are applicable to the Special Counsel.

1 Date ' © Department of Justice, Office of Public Affairs of Justice, © Department Fig. 4: Robert Mueller was appointed by Deputy Attorney General Rod Rosenstein as special counsel overseeing an investigation into Russian interference in the 2016 U.S. presidential election. in the United States.”18 The Mueller Report estimated IRA representatives came to the U.S. in mid-2014 that the IRA’s social media accounts reached tens of to gather intelligence and engage in other tasks that millions of Americans. One Facebook account, the the report did not reveal. Its information warfare “United Muslims of America,” had over 300,000 campaign evolved from a generalized operation de- followers before being shut down in mid-2017. Fa- signed to undermine the U.S. electoral system to one cebook calculated that before being shut down IRA that in early 2016 began to favor Trump’s candidacy accounts made over 80,000 posts.19 In January 2018, and attack Clinton. Listed among the IRA’s activities Twitter identified over 3,800 IRA related accounts were staging rallies in which they hid their identity and calculated that in the ten weeks prior to the 2016 by claiming to be U.S. grassroots organizations and election they made approximately 176,000 tweets.20 in which they made contact with Trump campaign

95 HASTEDT, THE MUELLER REPORT: ITS ORIGINS, FINDINGS, AND POTENTIAL SIGNIFICANCE officials. The IRA also bought political advertisements indicated it could help Trump’s campaign by releasing on social media in the names of U.S. persons and this information. Attempts were made to arrange a organizations. The report concluded that it did not meeting with Russian government officials but failed. find any evidence that U.S. persons conspired with Summer 2016: On 9 June, a Russian lawyer met or coordinated with the IRA.21 with Donald Trump Jr., Jared Kushner, and Paul Taking place alongside of the IRA’s social media Manafort to give them information that had been campaign was a cyber-hacking operation conducted described as “official documents and information that by the Main Intelligence Directorate of the General would incriminate Hillary.” They were characterized Staff of the Russian Army (GRU).22 In March 2016, it as “part of Russia and its government support for Mr. began hacking the email accounts of Clinton campaign Trump.” The information provided did not contain workers including John Podesta, the campaign chair. the promised information. Within a week the DNC The following month it hacked into the computer announced that it had been hacked by a Russian networks of the Democratic National Committee firm. The following month campaign foreign policy (DNC) and the Democratic Congressional Campaign advisor Carter Page gave a keynote address at the Committee. The GRU obtained hundreds of thousands New Economic School in Moscow. Page travelled of documents through these efforts. In mid-June, the at his own expense but while in Moscow met with DNC revealed that its computers had been hacked at least two Russian intelligence officers. In August, and the GRU began releasing the stolen documents Manafort met with a long-time business associate, first through Guccifer 2.0 and DCLeaks and then in Konstantin Kilimnik, at his request. Kilimnik gave July through WikiLeaks.23 Coinciding with IRA’s Manafort a peace plan for Ukraine that Manafort social media campaign and the GRU cyber-hacking would later characterize in testimony as a “backdoor” campaign were a series of contacts between Trump for Russia to control part of Ukraine. Manafort also campaign officials and persons with ties to the Russian provided Kilimnik with internal election polling data. government. The report concluded that the Russian Fall 2016: On 7 October, within one hour of the government perceived it would benefit from Trump’s release of a critical video of Trump, WikiLeaks re- election as president and that the Trump campaign leased thousands of emails that the GRU had stolen expected to benefit electorally from the stolen and from John Podesta’s account. released information. The report, however “did not Post-2016 Election: Immediately after the elec- establish that members of the Trump campaign cons- tion, the Russian Embassy contacted President-Elect pired or coordinated with the Russian government in Trump and arranged a phone conversation with Putin. its election interference activities.” Mueller’s report Subsequently numerous efforts were made by Russian identified a series of contacts between Russian and businessmen with ties to the Russian government Trump campaign officials. It identified six as most to engage with the incoming administration. Kirill salient to the investigation.24 Dmitriev, head of the Russian sovereign wealth fund, 2015: These contacts were made in connection met with Erik Prince, an associate of Steve Bannon, to a Trump real estate project in Moscow commonly to discuss U.S.-Russia relations. He later met with a referred to as the Trump Tower Moscow. By 15 No- friend of Jared Kushner to write up a reconciliation vember, Trump signed a Letter of Intent. In January plan between Russia and the U.S. On 29 December 2016, Michael Cohen emailed and spoke with Russian 2016, President Obama imposed new sanctions on government press secretary Dmitry Peskov about the Russia for interfering in the election. Following the project. The Trump organization pursued the Trump announcement, Michael Flynn, who would become Tower Moscow project including a trip to Moscow Trump’s national security advisor, contacted the by Trump through at least June 2016. Russian ambassador and asked that Russia not res- Spring 2016: George Papadopoulos contacted a pond by escalating the situation. The next day Putin Joseph Mifsud, a London-based professor who had announced that Russia would not take immediate connections to Russia. Mifsud went to Moscow in retaliatory action. Trump tweeted in response: “great April and informed Papadopoulos that the Russian move.”25 The report “did not establish that members government had “dirt” on Clinton consisting of of the Trump campaign conspired or coordinated with thousands of emails. Papadopoulos then informed the Russian government in its election interference an Australian government official that Russia had activities.”26

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MUELLER REPORT FINDINGS: VOLUME II 1. The Trump campaign’s response to reports about Russian support for Trump Volume II presents information and conclusions on 2. Conduct involving FBI Director Comey and the Special Counsel’s obstruction of justice investiga- Michael Flynn tion of President Trump. It is divided into two parts. 3. The President’s reaction to the continuing The first presents the key considerations that guided Russian investigation this aspect of the Mueller investigation. The second 4. The President’s termination of Comey part presents the factual results of the obstruction 5. The appointment of a Special Counsel and investigation. Four key considerations guided the efforts to remove him Special Counsel’s investigation into the question of 6. Efforts to curtail the Special Counsel’s inves- obstruction.27 First, the report acknowledged that tigation traditionally such investigations are built around a 7. Further efforts to have the Attorney General binary endpoint: a decision will be made whether take control of the investigation or not to initiate a prosecution. The Mueller report 8. Efforts to have McGahn deny that the President decided not to follow this traditional logic. One reason had ordered him to have the Special Counsel for not doing so was an opinion issued by the Office removed of Legal Counsel that “the indictment of criminal 9. Conduct towards Flynn, Manafort [redacted] prosecution of a sitting president would impermissibly 10. Conduct involving Michael Cohen undermine the capacity of the executive branch to In carrying out its investigation of these cases, perform its constitutionally assigned functions.” This the Special Counsel was guided by a set of legal would be in violation of constitutional separation of considerations. With regard to the legal framework powers. The report concluded that since the Special used it was noted that obstruction is based on three Counsel is an attorney in the Department of Justice elements.28 First, there must be an obstructive act. it accepted this position. In this regard the report notes that “even an impro- Second, the report concluded that even though a per motive can render an actor’s conduct criminal sitting president could not be prosecuted, a criminal even when the conduct would otherwise be lawful investigation of a sitting president was permissible. and within the actor’s authority.” Second, a nexus Further, a president does not have immunity after (link) between the obstructive act and an official leaving office and individuals associated with a proceeding. Third, there must exist corrupt intent. presidential obstruction of office are subject to pro- These three points were used to evaluate each of the secution while the president is in office. A thorough ten cases examined. The Special Counsel rejected investigation was also important in order to protect statutory and constitutional defenses put forward by the integrity of the criminal justice system and pre- the President’s counsel that would have prohibited serve evidence. the investigation.29 Most significantly, it concluded Third, it decided not to follow the Justice Manual’s “with respect to whether the President can be found standards for prosecuting and declination decisions. to have obstructed justice by exercising his powers That manual states the standard is to determine if under Article II in the Constitution, we concluded the person’s actions constituted a federal offense. that Congress has authority to prohibit a President’s Instead, the Special Counsel’s investigation decided corrupt use of his authority in order to protect the “not to apply an approach that could potentially integrity of the administration of justice.” result in a judgment that the President committed Based on these considerations the report concluded crimes” concluding that “fairness concerns counseled “if we had confidence after a thorough investigation against potentially reaching that judgment when no of the facts the President did not commit obstruction charges can be brought” because “in the absence of of justice we would so state. Based on the facts and a trial the individual has no adversarial opportunity the applicable legal standards, however, we are for name clearing before an impartial adjudicator.” unable to reach that judgment […] Accordingly, Fourth, if after a thorough investigation it was found while this report does not conclude that the President the President clearly did not commit obstruction of committed a crime, it also does not exonerate him.”30 justice the report would say so. The Special Counsel’s In reaching this conclusion, the Special Counsel’s report examined ten cases: report put forward a set of three overriding factual

97 HASTEDT, THE MUELLER REPORT: ITS ORIGINS, FINDINGS, AND POTENTIAL SIGNIFICANCE issues that supported its overall judgment.31 First trial he was found guilty of lying to Congress. He was the nature of presidential power. It was noted was sentenced to up to 40 months in prison. Days that the President’s position as head of the Executive before his sentence was to begin, President Trump Branch gave him unique and powerful means of in- commuted Stone’s sentence. This action brought an fluencing official proceedings, subordinate officers, immediate response from Mueller, who made his first and potential witnesses. Second, the absence of direct public statement since appearing before Congress evidence of an underlying crime related to Russian in July 2019. In an op-ed piece for the Washington election interference required consideration of other Post Mueller wrote: possible motives for the president’s conduct. Third, “The Russia investigation was of paramount many of the President’s acts directed at witnesses importance. Stone was prosecuted and convicted took place in public view. It found this to be unusual because he committed federal crimes. He remains a but concluded that no principle of law places public convicted felon, and rightly so. The jury ultimately acts beyond the reach of obstruction laws. convicted Stone of obstruction of a congressional investigation, five counts of making false statements to Congress and tampering with a witness. Because his sentence has been commuted, he will not go to prison. But his conviction stands.”33 Michael Cohen pled guilty to charges he lied about efforts to build a Trump Tower in Moscow that included phone calls with an aide of Putin. Cohen also pled guilty to tax fraud and campaign finance violations for which he was sentenced to federal prison. Cohen entered prison in early May 2019 but was released

© The White House © The White one year later due to the COVID-19 pandemic and Fig. 5: The Special Council’s report does not conclude that the President committed a crime was to serve the remainder of his three-year sentence but it also does not exonerate him. under house arrest. In early July 2020, Cohen was returned to custody for violating the conditions of MUELLER INVESTIGATION: INDICTMENTS his parole. Cohen filed a petition for his immediate release from prison arguing the return to custody In addition to its findings regarding Russian interfe- was an attempt by Trump to stop him from writing rence in the 2016 presidential election and charges of an account of his time with the president. On July obstructionism, the Special Counsel’s investigation 23, a federal judge agreed with Cohen and ordered also resulted in a number of indictments.32 In Feb- him released from prison to home confinement.34 ruary 2018, 13 Russian nationals and three Russian Michael Flynn admitted he lied about his contacts companies were indicted on charges that they had with the Russian ambassador during the presidential posed as Americans, planted false news stories, and transition in his testimony to the FBI. Flynn’s sen- placed divisive ads on social media in an effort to tencing was delayed in return for cooperating with interfere in American politics during the 2016 elec- prosecutors. Two years later, in January 2020, Flynn tion campaign. In July 2018, 12 Russian military sought to remove his guilty plea citing “bad faith” officers were indicted on charges that they hacked on the government investigators. Early speculation into email accounts of the Democratic National Com- interpreted this as an effort to obtain a pardon from mittee and Hillary Clinton and then released them. Trump. The case remained in legal limbo for several The Russian Foreign Ministry rejected this second months. Where the Department of Justice sought to round of indictments arguing there was insufficient have the case dismissed, the presiding judge delayed evidence. Several individuals linked to Trump were doing so by requesting a review of the decision. also indicted largely on the grounds that they lied Speculation now focused on Flynn joining the Trump to Congress and the FBI. Roger Stone was charged re-election team. with lying to Congress about his efforts to seek George Papadopoulos admitted lying about im- information from WikiLeaks. Arrested in January portant details of his meeting with Mifsud, who 2019, Stone pled not guilty but in a November 2019 provided him with forewarning about the Russian

98 JIPSS VOL.13, NR.2/2019 hacking operation. In September 2018, Papadopoulos special counsel’s legal theories.”37 On 24 March, was sentenced to 14 days in prison with 12 months Barr sent Congress a four page letter summarizing of supervised release and required to do 200 hours of the report’s findings.38 community service. After 12 days in prison, he was released and placed under 12 months of supervised release. As presented in his 2019 book Deep State Target, Papadopoulos repeatedly asserted that he had been entrapped by intelligence officials as part of a plot to justify FBI surveillance of the Trump presidential bid. Paul Manafort was convicted in August 2018 of tax fraud involving the more than $ 60 million he received as a consulting fee from Russia-friendly Ukrainian politicians. He later pled guilty to not having registered as a foreign agent for his Uk- rainian consulting work. A second trial ended in a mistrial. Manafort would later enter into an agreement with prosecutors in which he pled guilty to charges of conspiracy to defraud the U.S. and witness tampering. In November 2018, Mueller reported that Manafort had violated his plea deal by repeatedly lying to investigators. As a result, a © FBI judge voided the plea agreement. Subsequently, Fig. 6: Robert Mueller served as the sixth Director of the FBI from 2001 to 2013 under on March 7, 2019, Manafort was sentenced to 47 Presidents George W. Bush and Barack Obama. months in prison. A short time later, an additional 43 months were added to his sentence by another A press conference by Barr preceded the release of judge. In May 2020, Manafort was released from a redacted version of Mueller’s Report to the public prison due to COVID-19 pandemic concerns and on 18 April. Justice Department rules do not require placed under home confinement. The decision met that the Special Counsel’s report be made public but with some opposition because Manafort’s case did this may be done if it is judged to be in the public not fully meet the guidelines established for granting interest. Pressure quickly arose for its release. Con- such release. gressional Democrats pressed for access to the full report arguing that information it contained may be RELEASE AND REACTION TO THE critical to continuing congressional investigations into MUELLER REPORT election interference by foreign powers and obstruction of justice. To that end in March the House voted Mueller’s 22 months investigation formally ended on 420-0 in favor of a nonbinding resolution calling the 22 March 2019 when it was submitted to Attorney White House to release the full report. Republicans General Barr. Both Matthew Whitaker, who served blocked an effort by Senate Democrats to pass a si- as Acting Attorney General after Sessions, and his milar resolution. On 3 April, still not having received successor William Barr made critical comments a copy of the report, the House Judiciary Committee about Mueller’s investigation prior to succeeding authorized on a party line vote issuing a subpoena Sessions. Whitaker asserted Mueller’s investiga- to force Barr to provide them with a copy of the tion was a “lynch mob.”35 In a memo to Deputy report. On 19 April, the chair of the House Judiciary Attorney General Rod Rosenstein, Barr said the Committee issued a subpoena for the release of the approach to investigating potential obstruction of full unredacted report to the committee. When the justice charges against Trump was “fatally miscon- deadline for doing so passed, the committee began ceived.”36 His public comments upon the release proceedings to vote Barr in contempt of Congress. of the report echoed this position when he stated Trump sought to derail the vote by invoking executive that he and Rosenstein “disagreed with some of the privilege but that effort failed.

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Critical responses to the release of a redacted and White House documents, directing senior aides version of the Mueller Report on 18 April were swift. to testify freely and asserting no privilege claims.”43 Speaking in defense of the Report, Ex-Nixon White This statement conflicted with the reality that Trump House Counsel James Dean asserted on CNN that declined interview requests, and more than 30 times the report was more damning than the Watergate, he answered that he did not recall, remember, or have Iran Contra, and Ken Starr Reports: “This is clear an independent recollection of information sought.44 obstructionism.”39 One line of critical commentary The report also found Trump’s written answers to be focused on Barr’s letter.40 In his letter to Congress “inadequate” and identified at least 77 specific cases Barr stated, “the investigation did not establish where individuals affiliated with the Trump campaign that members of the Trump campaign conspired lied to Congress, public authorities or the press.45 or coordinated with the Russian government in its The Special Counsel’s office judged that lies to it election interference activities.” Left out of Barr’s impeded the investigation but chose not to pursue a conclusion was the full sentence from which he subpoena to compel Trump to testify because of the quoted: “Although the investigation established that “substantial delay” that would have been caused to the Russian government perceived it would benefit the investigation. from a Trump presidency and worked to secure that Mueller was also critical of Barr’s summary. In a outcome, and that the Campaign expected it would letter to Barr on 27 March he complained that Barr’s benefit electorally from the information stolen and summary “did not fully capture the context, nature, released through Russian efforts, the investigation and substance” of the investigative undertaking.46 did not establish that members of the Trump cam- Mueller continued, “there is now public confusion paign conspired or coordinated with the Russian about critical aspects of the results of our investi- government in its election interference activities.”41 gation. This threatens to undermine […] full public In his public statements before the release of the confidence in the outcome of the investigation.” report, Barr asserted “there was no evidence of Trump Mueller reiterated his concerns with Barr’s summary campaign collusion with the Russian government’s in his public testimony before the House Judiciary hacking.”42 This assertion was made notwithstanding and Intelligence Committees on 24 July stating, “if the Mueller Report’s position that “in evaluating we had confidence that the president clearly did not whether evidence about collective action of multiple commit a crime, we would have said so.”47 Five days individuals constituted a crime, we applied the con- later, on 29 May, Mueller resigned as Special Counsel. cept of conspiracy law, not the concept of collusion.” President Trump did not wait for the official release The report went on to note that “collusion is not a of the Mueller Report to comment. Hours before it specific offense or theory of liability found in the was made public, Trump released a video in which United States Code, nor is it a term of art in federal he proclaimed ten times there was “no collusion” and criminal law.” In his news conference, Barr asserted showed him proclaiming “this is an illegal takedown “the White House fully cooperated with the special that failed.”48 Trump also went on Twitter where he investigation, providing unfettered access to campaign called the Mueller investigation “the Greatest Poli- tical Hoax of all time” and tweeted “Crimes were committed by Crooked Dirty Cops and DNC/The Dirty Democrats.” Earlier that morning, Rudolph Giuliani, Trump’s personal lawyer, announced that he was “ready to rumble” with a counter-report.49 Minutes after its release Kevin McCarthy, Republican House leader, stated, “Case closed.”50 Press commentators zeroed in on discrepancies between Barr’s summary of the Mueller Report and the contents of the report as well as its politi-

© United States Department of Justice of Department States United © cal implications. Fox News legal analyst Andrew Fig. 7: William Barr made critical comments Napolitano characterized the report as “deceptive,” about Mueller’s investigation prior to being sworn into office of Attorney General in Feb- “dumb and insulting […] and a foolish attempt to ruary 2019. sanitize” its conclusions.51 Benjamin Wittes in the

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Atlantic commented: “Barr did not lie in any of his outcomes. While Republicans and Democrats in statements […] but it is possible to mislead without Washington spar over the likelihood and significance lying.”52 Joseph diGenova, an informal advisor to of foreign interference, U.S. government agencies Trump and commentator at Fox News observed: expect it to happen. The Department of Defense, the “Democrats will not accept any result short of remo- Department of Homeland Security, the Cybersecurity ving the president from office. No amount of legal and Infrastructure Security Agency (CISA), and the exoneration will stop the political witch hunt.”53 Director of National Intelligence have declared elec- Amanda Marcotte in Salon observed that “there’s tion security to be “a top priority.”57 The Director of no chance that anyone actually changed their mind CISA asserted: “The Russians will – are continuing about what they think happened between Russia and to try to destabilize – our form of government.”58 the Trump campaign.”54 FBI Director Christopher Wray defined Russian interference efforts as “an ongoing threat” and “a JUDGING THE IMPACT OF THE MUELLER dress rehearsal for the big show in 2020.”59 Ob- REPORT servers noted in 2019 that Russia was testing new disinformation tactics in Africa as well as using many Upon the public release of the redacted version of of the same tactics employed in 2016 such as using the Mueller Report, the Washington Post observed: local accounts to post inflammatory messages.60 “The Mueller investigation may have concluded but Security officials warned that in addition to Russia, Washington’s political wars were as hot as ever.”55 China and Iran were expected to try to meddle in Expectations that controversies over the conclusions the 2020 election. An early indication of the validity reached by the Mueller Report and the approach it of such concerns was the January 2020 revelation followed would form the centerpiece of the next that the Russian military had hacked the Ukrainian round of political wars were not fully realized. gas company on whose Board of Directors Hunter Instead, they took a back seat to the impeachment Biden served, the son of presidential candidate Joe proceedings that grew out of Trump’s foreign policy Biden, who was also a central figure in the charges towards Ukraine. Still, the influence of the Mueller that led to Trump’s impeachment. Six months later, Report on the effort to impeach President Trump was Joe Biden, who had recently been briefed by intelli- present just below the surface. The centerpiece of the gence officials on foreign influence in the upcoming Ukraine affair was a telephone call between Trump presidential election, singled out Russia as the major and Ukrainian President Volodymyr Zelensky in threat to do so again.61 which Trump sought help from Ukraine in gathering A second area where some see the Mueller Re- information on the son of Joe Biden, who at the time port as having the potential for a long-term impact was seeking the Democratic presidential nomination. is on presidential-congressional relations. Most In return, Trump would release military aid approved pointedly, the report highlights the extent to which by Congress but held up by his administration. That Trump has embraced the notion of an imperial phone call took place one day after Mueller testified presidency unchecked by effective congressional for seven hours before two congressional committees or judicial restraints in the rhetoric he employs effectively ending the investigation that did not indict and his resistance to providing requested oversight Trump of obstruction or conspiring with Russia in information. The question here is whether Trump is the 2016 presidential election. As one commentator an aberration or part of a developing populist trend. put it, now “the president was a free man.”56 Evidence suggests he is not an aberration. Power Looking more broadly to the future, the impact struggles between the White House and Congress of the Mueller Report is likely to be felt in several are not new but of late they have been growing as areas. One is the 2020 presidential election and bipartisanship and civility fade and the stakes rise. beyond. The Mueller Report provides clear docu- During the Obama administration, when Republicans mentation of extensive efforts by Russia to influence repeatedly opposed Obama’s nominees, Democrats the 2016 presidential election and sow dissent within altered the rules so that only a simple majority was American society. It may well serve as the base line needed to approve them. At the end of Obama’s used for judging the degree of success and depth of presidency, Senate Republicans, who were now the involvement of foreign efforts to influence election majority, refused to hold hearings on his Supreme

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Court nominee. Today’s presidential-congressional Lastly, a frequently voiced concern today is over conflicts are in many respects more far reaching. For politicizing intelligence. Trump’s actions responding example, the struggle over Trump’s tax records could to investigations into Russian interference in the 2016 either produce a powerful shield for future presidents presidential election threaten to deepen this worry. shielding them from congressional inquiries or place In June 2017, Trump directed Attorney General Barr them in a position where pre-presidential business to examine the origins of the government’s Russia dealings might be investigated. Similarly at stake investigation with the power to declassify secret in current battles between Trump and Congress is intelligence. In doing so Trump asserted: “We’re the ability of Congress to force staff members to exposing everything.”64 As John Sipher, a former reveal the contents of private conversations with CIA station chief, noted the president’s directive the president. undercut the authority of Director of National Intelli- In related fashion, the Mueller Report can be gence, Dan Coats, who is responsible for protecting expected to provide a key component of the foun- intelligence and potentially provided the president dational information used to describe and assess with political weapons to use against intelligence the inner workings of the Trump administration. agencies in searching for a scapegoat in a way that Its findings confirmed widespread perceptions that a classified investigation would not. Highlighting while Trump routinely asserts “nobody disobeys my the politicized atmosphere that already exists was orders,” the opposite is true.62 The Mueller Report testimony by Barr, who said: “Spying [on Trump also brings out how disorganized the Trump transi- campaign advisors] did occur” and was “a big deal.” tion and presidency have been by documenting the This contrasts with FBI Director Wray’s response numerous failed efforts by individuals associated when questioned if he had any evidence of illegal with the Russian government and the frustrations surveillance against individuals associated with the they felt in trying to make contacts with the Trump campaign. Wray replied: “I don’t think I personally administration.63 have any evidence of that sort.”65

ENDNOTES

1 Department of Justice, Washington, DC, Report on the Investigation Into Russian Interference In The 2016 Presidential Election, March 2019, Appendix A-1. Hereafter cited as the Mueller Report. 2 Read Attorney General William Barr’s Summary of the Mueller Report, in: New York Times, March 24, 2019. 3 Lawfare, Document: Robert Mueller’s Letter to Bill Barr, May 1, 2019. 4 For an overview, see Fred Lucas, A Short History of Special Counsels and Presidents, in: Daily Signal, June 12, 2017. 5 Paul Baines, Nigel Jones, Influence and Interference in Foreign Elections, in: The RUSI Journal 16 (2018), 12-19. 6 Shane Harris et al., Trump told Russian officials in 2017 he wasn’t concerned about Moscow’s interference in U.S. election, in: Washington Post, September 9, 2019. 7 Greg Miller, Key Lawmakers Accuse Russia of Campaign to Disrupt U.S. Election, in: Washington Post, September 22, 2016, A1. 8 David Sanger, Charlie Savage, U.S. Says Russia Directed Hacks to Influence Elections, in: New York Times, October 8, 2016, 1. 9 Zachary Evens, FBI Agents Who Opened Crossfire Hurricane Gave Trump His First Intelligence Briefing as Candidate in 2016, in: National Review, July 24, 2020. 10 Scott Shane et al., How a Sensational Unverified Dossier Became a Crisis for Donald Trump, in: New York Times, January 12, 2017. 11 Mueller Report, Vol. 2, 63. 12 Devlin Barrett, Philip Rucker, Trump said he was thinking of Russia controversy when he decided to fire Comey, in: Washington Post, May 11, 2017. 13 Matt Apuzzo et al., Trump Told Russians That firing “Nut Job” Comey Eased Pressure From Investigation, in: New York Times, May 19, 2017. 14 Michael Schmidt, Comey Memo Says Trump Asked Him to End Flynn Investigation, in: New York Times, May 15, 2017. 15 Appointment of Special Counsel To Investigate Russian Interference With the 2016 Presidential Election and Related Matters. 16 Tal Axelrod, Trump Feared Mueller’s Appointment, in: The Hill, April 18, 2019. 17 Colby Itkowitz et al., Trump used discredited conflict-of-interest charges to attack Mueller, in: Washington Post, May 5, 2019. 18 Mueller Report, Vol. 1, 14. 19 Ibid., 22-26. 20 Ibid., 28. 21 Ibid., 29-33. 22 Ibid., 36-37. 23 Ibid., 41-49.

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24 Ibid., 5-7 and 66-144. 25 Ibid., 172. 26 Ibid., 173. 27 Mueller Report, Vol. 2, 1f. 28 Ibid., 7f. 29 Ibid., 159-181. 30 Ibid., 182. 31 Ibid., 7 and 156-158. 32 Mueller Report, Vol. 1, 175-199. 33 Robert Mueller, Roger Stone remains a convicted felon, and rightly so, in: Washington Post, July 11, 2020. 34 Shayna Jacobs, Michael Cohen to be released from prison after judge sides with claims of retaliation, in: Washington Post, July 24, 2020. 35 Adam Goldman, Edward Wong, Trump Installs Critic of Muller Investigation to Oversee It, in: New York Times, November 8, 2018. 36 Bill Barr, Re: Mueller’s ‘Obstruction’ Theory, June 8, 2018. 37 Devlin Barrett, Matt Zapotosky, Attorney General says he disagreed with some of Mueller’s legal views, in: Washington Post, April 18, 2019. 38 Read Attorney General William Barr’s Summary of the Mueller Report, in: New York Times, March 24, 2019. 39 John Dean, Mueller Report Shows ‘Clear Obstruction’, in: Breitbart, April 18, 2019. 40 Attorney General William Barr’s Summary of the Mueller Report. 41 Mueller Report, Vol. 1, 1f. 42 Philip Bump, Attorney General Barr just defined ‘collusion’ in a way that will make Trump ecstatic, in: Washington Post, April 18, 2019. 43 Aaron Blake, William Barr just did Trump another big favor, in: Washington Post, April 18, 2019. 44 Peter Baker, I Do Not Remember, in: New York Times, April 20, 2019. 45 Katelyn Polantz, Marshall Cohen, The Mueller report catalogs falsehoods from the Trump Team, in: CNN, April 30, 2019. 46 Lawfare, Document: Robert Mueller’s Letter to Bill Barr. 47 Devlin Barrett, Josh Dawsey, Mueller’s statement highlights key differences with Barr on investigation of President Trump, in: Washington Post, May 29, 2019. 48 Washington Post Staff, Live Updates, April 18, 2019. 49 Ibid. 50 Carl Hulse, Mueller Findings Kick Off a Political Tug of War That’s Only Just Beginning, in: New York Times, April 19, 2019. 51 Justin Wise, Fox’s Napolitano Slams Barr Memo, in: The Hill, May 9, 2019. 52 Benjamin Wittes, The Catastrophic Performance of Bill Barr, in: The Atlantic, May 2, 2019. 53 Liam Stack, Reaction to the Mueller Report, From Right, Left, and Center, in: New York Times, April 18, 2019. 54 Ibid. 55 The Washington Post, The Mueller Report. Introduction (New York 2019), 27. 56 James Risen, Donald Trump’s Call With Ukrainian Leader, One Day After Robert Mueller’s Congressional Testimony, Shows the President Is a Brazen Criminal, September 26, 2019. 57 Security, Election Security Is Top Priority for U.S. Government, Officials Say, November 7, 2019. 58 CBS Morning News, Homeland Security officials says Russia will try to interfere in 2020 Election, November 5, 2019. 59 Greg Sargent, The White House’s latest Mueller absurdity is shocking, in: Washington Post, May 17, 2019. 60 Davey Alba, Sheera Frenkel, Russia Tests New Disinformation Tactics in Africa to Expand Influence, in: New York Times, October 30, 2019. 61 John Verhovek, Biden warns against foreign intervention into U.S. elections, in: Washington Post, July 20, 2020. 62 Aaron Blake, Trump says nobody disobeys my orders, in: Washington Post, April 22, 2019. 63 Sharon LaFraniere, Prodded by Putin, Russian Sought Back Channels to Trump Through Business Associates, in: New York Times, April 20, 2019. 64 John Sipher, Trump’s conspiracy theories about intelligence will make the CIA’s job harder, in: Washington Post, June 11, 2019. 65 Devlin Barrett, FBI Director tells Congress he has no evidence of ‘spying’ on Trump campaign, in: Washington Post, May 7, 2019.

LIST OF FIGURES

The illustrations for this article have been selected by the JIPPS editorial committee.

Fig. 1 Covers: https://images2.medimops.eu/product/bdee6b/M01982129735-source.jpg. https://www.amazon.de/Mueller-Report-English-Department-Justice-ebook/dp/B07VLBP12N#reader_B07VLBP12N. https://www.amazon.de/Mueller-Report-Special-Counsel-Collusion/dp/1510750169#reader_B07P67QXGN. https://www.amazon.de/Mueller-Report-Special-Counsel-Collusion-ebook/dp/B07RTZ88SN#reader_B07RTZ88SN. Fig. 2 Cartoon: Thomas Nast, public domain, via Wikimedia Commons, https://commons.wikimedia.org/wiki/File:Whiskeyring.jpg. Fig. 3 Photo: Federal Bureau for Investigation, https://www.fbi.gov/image-repository/director-comey.jpg/view. Fig. 4 Photo: Department of Justice, Office of Public Affairs, https://www.justice.gov/opa/press-release/file/967231/download. Fig. 5 Photo: The White House, https://www.facebook.com/WhiteHouse/photos/a.1199645353456529/3429111537176555, https://www.whitehouse.gov/copyright/. Fig. 6 Photo: FBI, https://www.fbi.gov/image-repository/director-mueller-portrait.jpg. Fig. 7 Photo: United States Department of Justice, https://www.justice.gov/opa/gallery/attorney-general-william-p-barr-sworn- 85th-attorney-general-united-states.

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