Original FBI investigations When the special counsel was appointed by
Rod Rosenstein in May 2017, the special counsel took over an existing
counterintelligence investigation by the
Federal Bureau of Investigation (FBI) into
Russian interference in the 2016 United States elections and numerous secretive
links between Trump associates and Russian officials. According to reports, Australian officials informed American officials that in May 2016, a Trump presidential campaign adviser,
George Papadopoulos, told the
Australian High Commissioner to Britain,
Alexander Downer, that Russian officials were in possession of politically damaging information relating to
Hillary Clinton, the rival presidential candidate to Trump from Democratic Party. Since the FBI, in response to this information, opened an investigation into the links between Trump associates and Russian officials on July 31, 2016, the meeting between Papadopoulos and Downer is considered to be the 'spark' that led to the Mueller investigation. In February 2018, the
Nunes memo, written by staff for
U.S. Representative Devin Nunes, stated that the information on Papadopoulos "triggered the opening of" the original FBI investigation, rather than the
Steele dossier by
Christopher Steele as asserted by Trump and his allies. The special counsel also took over an FBI investigation on whether President Trump had committed
obstruction of justice, which began within eight days after Trump's
dismissal of FBI Director
James Comey.
CNN reported in December 2018 that then-acting FBI Director
Andrew McCabe started the investigation based on Comey's firing—which had been recommended in writing by Rosenstein in what became known as the
Comey memo—and also Comey's allegation that Trump had asked him to stop investigating Trump's former national security adviser Michael Flynn. In February 2019, McCabe confirmed he launched the obstruction of justice investigation for those reasons—before he was fired from the FBI for allegedly lying to FBI agents after he leaked information about an investigation into the
Clinton Foundation to a reporter. He said he gave additional reasons such as Trump's multiple depictions of the investigation into Trump associates and Russia as a "witch hunt", as well as Trump allegedly telling Deputy Attorney General
Rod Rosenstein to mention the Russia probe in Rosenstein's memo to recommend firing Comey, and Trump's comments to the Russian ambassador and NBC relating Comey's firing to the Russia probe.
Appointment and original oversight Jeff Sessions issues statement announcing his
recusal. A special counsel investigation is subject to oversight by the attorney general. After questions arose regarding contacts between then-senator
Jeff Sessions and Russian ambassador
Sergei Kislyak in 2016, one of the first things Sessions did after being appointed attorney general, was to
recuse himself from any Justice Department investigations regarding Russian interference in the election. Once Attorney General Sessions recused, oversight of any Russia investigation into the 2016 election fell to the
Deputy Attorney General Rod Rosenstein, a Trump appointee. As part of his oversight, Rosenstein appointed
Robert Mueller as special counsel in May 2017 with the mandate "to oversee the previously-confirmed FBI investigation of Russian government efforts to influence the 2016 presidential election and related matters". Rosenstein has said he would recuse himself from supervision of Mueller if he himself were to become a subject in the investigation due to his role in the dismissal of Comey.
Reasons for appointing a special counsel Firing of James Comey The special counsel appointment on May 17, 2017, came after protests, mostly from Democrats, over President Trump
firing the FBI Director James Comey on May 9, 2017. In Congress, in reaction to Comey's firing, over 130 Democratic lawmakers called for a special counsel to be appointed, over 80 Democratic lawmakers called for an independent investigation, while over 40 Republican lawmakers expressed questions or concerns. Complicating the situation, Comey arranged to leak to the press classified information, notes from an interview with the president where Trump asked him to end the probe into Michael Flynn. Comey would later be rebuked by the Department of Justice's Office of Inspector General for this action. Trump fired Comey on the recommendations of
Attorney General Jeff Sessions and Deputy Attorney General
Rod Rosenstein, although
Deputy Director of the
FBI Andrew McCabe claimed Rosenstein did not want to write the recommendation to fire Comey, and only did so because Trump ordered him to.
The New York Times reported on January 11, 2019, that FBI counterintelligence grew concerned about Trump's ties to Russia during the 2016 campaign but held off opening an investigation because of uncertainty about how to proceed on such a sensitive matter. Trump's behavior during the days immediately before and after Comey's firing caused them to begin investigating whether Trump had been working on behalf of Russia against U.S. interests, knowingly or unknowingly. The FBI merged that counterintelligence investigation with a criminal obstruction of justice investigation related to Comey's firing. Mueller took over that investigation upon his appointment, although it was not immediately clear if he had pursued the counterintelligence angle.
The New York Times reported in August 2020 that Rosenstein curtailed a May 2017 FBI inquiry into Trump's personal and financial dealings in Russia, giving the bureau the impression that the special counsel would investigate it, though Rosenstein instructed Mueller not to.
Authority Deputy Attorney General Rod Rosenstein, in his role as Acting
Attorney General for matters related to the campaign due to the recusal of Attorney General
Jeff Sessions, appointed Mueller, a former
Director of the FBI, to serve as Special Counsel for the
United States Department of Justice (DOJ) with authority to investigate
Russian interference in the 2016 United States elections, including exploring any links or coordination between Trump's
2016 presidential campaign and the Russian government; "any matters that arose or may arise directly from the investigation"; and any other matters within the scope of
28 C.F.R. § 600.4(a). As Rosenstein later informed Congress, he elected to use a Special Counsel rather than have the FBI itself oversee the investigation because he did not believe acting Director of the FBI Andrew McCabe was the right person to lead the investigation. Instead, he would appoint a Special Counsel, as had been done in the past. U.S. Attorneys serve as special counsel, but in May 2017 there were only three Senate-confirmed U.S. Attorneys serving at the time, the Senate having not yet confirmed the new president's nominees, and those three had remained as holdovers from the previous administration pending the arrival of the new attorneys. As a result, Rosenstein decided to select Robert Mueller, though he was retired, because of his reputation. As special counsel, Mueller had the power to issue subpoenas, hire staff members, request funding, and prosecute federal crimes in connection with the election interference along with other crimes he may uncover. The
constitutionality of indicting a sitting president remains an unsettled legal question.
Release of findings version of the
Report on the Investigation into Russian Interference in the 2016 Presidential Election was released to the public. The Special Counsel law requires a special counsel to confidentially provide the current attorney general with a report of findings. The attorney general, in this case
William Barr, is then required to provide a summary of the findings to Congress, although he has considerable discretion in how much detail he provides. The full release of the Mueller findings to Congress and the public is not assured. Should Congress be dissatisfied with the summary it is provided, it could subpoena Mueller's full report, and, if necessary, sue in federal court. Congress could also call Mueller to testify. White House attorneys expect to preview whatever findings Barr decides to provide to Congress and the public, in order to consider asserting
executive privilege to withhold the release of information gleaned from internal documents and interviews with White House officials. Commentators have noted that executive privilege cannot be invoked if the purpose is to shield wrongdoing or unlawful conduct. On March 14, 2019, the House voted 420–0 in favor of a
non-binding resolution calling for the full special counsel report to be released to Congress and the public, excluding classified or grand jury information. The same day the bill was brought before the Senate for unanimous consent, but was blocked by Senator
Lindsey Graham, who said it needed a clause requiring the appointment of a special counsel to investigate allegations against the 2016 Clinton campaign. On March 15, Trump stated "there should be no Mueller Report" because "this was an illegal & conflicted investigation." Five days later he stated, "I told the House, 'If you want, let [the public] see it,'" adding, "that's up to the Attorney General." On March 25, 2019, Senate majority leader
Mitch McConnell blocked an effort by minority leader
Chuck Schumer for the Senate to take up the same resolution approved by the House eleven days earlier. The special counsel delivered its report to Attorney General Barr on March 22, 2019. Two days later, on March 24, Barr sent
a four-page letter of the report to Congress, describing the
conclusions on Russian interference in the 2016 presidential election and obstruction of justice. A two-volume redacted version of the full report was publicly released on April 18, 2019. A less-redacted version of the report will eventually provided to a limited number of members of Congress. == Grand juries ==