WASHINGTON
— Robert S. Mueller III, the special counsel investigating Russia’s
election interference, has at least four dozen questions on an
exhaustive array of subjects he wants to ask resident Trump to learn
more about his ties to Russia and determine whether he obstructed the
inquiry itself, according to a list of the questions obtained by The New
York Times.
The
open-ended queries appear to be an attempt to penetrate the resident’s
thinking, to get at the motivation behind some of his most combative
Twitter posts and to examine his relationships with his family and his
closest advisers. They deal chiefly with the resident’s high-profile
firings of the F.B.I. director and his first national security adviser,
his treatment of Attorney General Jeff Sessions and a 2016 Trump Tower
meeting between campaign officials and Russians offering dirt on Hillary
Clinton.
But
they also touch on the resident’s businesses; any discussions with his
longtime personal lawyer, Michael D. Cohen, about a Moscow real estate
deal; whether the resident knew of any attempt by Mr. Trump’s
son-in-law, Jared Kushner, to set up a back channel to Russia during the
transition; any contacts he had with Roger J. Stone Jr., a longtime
adviser who claimed to have inside information about Democratic email
hackings; and what happened during Mr. Trump’s 2013 trip to Moscow for the Miss Universe pageant.
The
questions provide the most detailed look yet inside Mr. Mueller’s
investigation, which has been shrouded in secrecy since he was appointed
nearly a year ago. The majority relate to possible obstruction of
justice, demonstrating how an investigation into Russia’s election
meddling grew to include an examination of the resident’s conduct in
office. Among them are queries on any discussions Mr. Trump had about
his attempts to fire Mr. Mueller himself and what the resident knew
about possible pardon offers to Mr. Flynn.
“What
efforts were made to reach out to Mr. Flynn about seeking immunity or
possible pardon?” Mr. Mueller planned to ask, according to questions
read by the special counsel investigators to the resident’s lawyers,
who compiled them into a list. That document was provided to The Times
by a person outside Mr. Trump’s legal team.
A
few questions reveal that Mr. Mueller is still investigating possible
coordination between the Trump campaign and Russia. In one of the more
tantalizing inquiries, Mr. Mueller asks what Mr. Trump knew about
campaign aides, including the former chairman Paul Manafort, seeking
assistance from Moscow: “What knowledge did you have of any outreach by
your campaign, including by Paul Manafort, to Russia about potential
assistance to the campaign?” No such outreach has been revealed
publicly.
Jay
Sekulow, a lawyer for Mr. Trump, declined to comment. A spokesman for
the special counsel’s office did not respond to a request for comment.
The
questions serve as a reminder of the chaotic first 15 months of the
Trump residency and the transition and campaign before that. Mr.
Mueller wanted to inquire about public threats the resident made,
conflicting statements from Mr. Trump and White House aides, the resident’s private admissions to Russian officials, a secret meeting at
an island resort, WikiLeaks, salacious accusations and dramatic
congressional testimony.
The
special counsel also sought information from the resident about his
relationship with Russia. Mr. Mueller would like to ask Mr. Trump
whether he had any discussions during the campaign about any meetings
with President Vladimir V. Putin of Russia and whether he spoke to
others about either American sanctions against Russia or meeting with
Mr. Putin.
Through
his questions, Mr. Mueller also tries to tease out Mr. Trump’s views on
law enforcement officials and whether he sees them as independent
investigators or people who should loyally protect him.
For example, when the F.B.I. director, James B. Comey, was fired,
the White House said he broke with Justice Department policy and spoke
publicly about the investigation into Mrs. Clinton’s email server. Mr.
Mueller’s questions put that statement to the test. He wants to ask why,
time and again, Mr. Trump expressed no concerns with whether Mr. Comey
had abided by policy. Rather, in statements in private and on national
television, Mr. Trump suggested that Mr. Comey was fired because of the Russia investigation.
Many
of the questions surround Mr. Trump’s relationship with Mr. Sessions,
including the attorney general’s decision to recuse himself from the
Russia investigation and whether Mr. Trump told Mr. Sessions he needed
him in place for protection.
Mr.
Mueller appears to be investigating how Mr. Trump took steps last year
to fire Mr. Mueller himself. The resident relented after the White
House counsel, Donald F. McGahn II, threatened to resign, an episode
that the special counsel wants to ask about.
“What
consideration and discussions did you have regarding terminating the
special counsel in June of 2017?” Mr. Mueller planned to ask, according
to the list of questions. “What did you think and do in reaction to Jan.
25, 2018, story about the termination of the special counsel and Don
McGahn backing you off the termination?” he planned to ask, referring to
the Times article that broke the news of the confrontation.
Mr.
Mueller has sought for months to question the resident, who has in
turn expressed a desire, at times, to be interviewed, viewing it as an
avenue to end the inquiry more quickly. His lawyers have been
negotiating terms of an interview out of concern that their client —
whose exaggerations, half-truths and outright falsehoods are well
documented — could provide false statements or easily become distracted.
Four people, including Mr. Flynn, have pleaded guilty to lying to investigators in the Russia inquiry.
The
list of questions grew out of those negotiations. In January, Mr.
Trump’s lawyers gave Mr. Mueller several pages of written explanations
about the resident’s role in the matters the special counsel is
investigating. Concerned about putting the resident in legal jeopardy,
his lead lawyer, John Dowd, was trying to convince Mr. Mueller he did
not need to interview Mr. Trump, according to people briefed on the
matter.
Mr.
Mueller was apparently unsatisfied. He told Mr. Dowd in early March
that he needed to question the resident directly to determine whether
he had criminal intent when he fired Mr. Comey, the people said.
But
Mr. Dowd held firm, and investigators for Mr. Mueller agreed days later
to share during a meeting with Mr. Dowd the questions they wanted to
ask Mr. Trump.
When
Mr. Mueller’s team relayed the questions, their tone and detailed
nature cemented Mr. Dowd’s view that the resident should not sit for an
interview. Despite Mr. Dowd’s misgivings, Mr. Trump remained firm in
his insistence that he meet with Mr. Mueller. About a week and a half
after receiving the questions, Mr. Dowd resigned, concluding that his client was ignoring his advice.
Mr. Trump’s new lawyer in the investigation
and his longtime confidant, Rudolph W. Giuliani, met with Mr. Mueller
last week and said he was trying to determine whether the special
counsel and his staff were going to be “truly objective.”
Mr.
Mueller’s endgame remains a mystery, even if he determines the resident broke the law. A longstanding Justice Department legal finding
says residents cannot be charged with a crime while they are in
office. The special counsel told Mr. Dowd in March that though the resident’s conduct is under scrutiny, he is not a target of the
investigation, meaning Mr. Mueller does not expect to charge him.
The
prospect of pardons is also among Mr. Mueller’s inquiries, and whether
Mr. Trump offered them to a pair of former top aides to influence their
decisions about whether to cooperate with the special counsel
investigation.
Mr. Dowd broached the idea
with lawyers for both of the advisers, Mr. Flynn and Mr. Manafort,
according to people with knowledge of the discussions. Mr. Manafort has
pleaded not guilty on charges of money laundering and other financial
crimes related to his work for the pro-Russia former president of
Ukraine.
Mr. Flynn, a retired Army lieutenant general who was ousted from the White House in February 2017
amid revelations about contacts with the Russian ambassador to the
United States, ultimately pleaded guilty last December to lying to
federal authorities and agreed to cooperate with the special counsel.
“After
General Flynn resigned, what calls or efforts were made by people
associated with you to reach out to General Flynn or to discuss Flynn
seeking immunity or possible pardon?” Mr. Mueller planned to ask.
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