Courtesy of The New York Review of Books:
Previously undisclosed evidence in the possession of Special Counsel Robert Mueller—including highly confidential White House records and testimony by some of President Trump’s own top aides—provides some of the strongest evidence to date implicating the president of the United States in an obstruction of justice. Several people who have reviewed a portion of this evidence say that, based on what they know, they believe it is now all but inevitable that the special counsel will complete a confidential report presenting evidence that President Trump violated the law. Deputy Attorney General Rod Rosenstein, who oversees the special counsel’s work, would then decide on turning over that report to Congress for the House of Representatives to consider whether to instigate impeachment proceedings.
The central incident in the case that the president obstructed justice was provided by former FBI Director James B. Comey, who testified that Trump pressed Comey, in a private Oval Office meeting on February 14, 2017, to shut down an FBI criminal investigation of Trump’s former national security adviser, Lt. Gen. Michael Flynn. “I hope you can see your way clear to letting this go, to letting Flynn go,” Comey has testified the president told him.
In an effort to convince Mueller that President Trump did not obstruct justice, the president’s attorneys have argued that the president could not have broken the law because the president did not know that Flynn was under criminal investigation when he pressured Comey to go easy on Flynn. In a confidential January 29 letter to the special counsel first reported by The New York Times, two of the president’s attorneys, John Dowd (who no longer represents Trump) and Jay Sekulow, maintained that the president did not obstruct justice because, even though Flynn had been questioned by the FBI, Trump believed that the FBI investigation was over, and that Flynn had been told that he’d been cleared.
I have learned that a confidential White House memorandum, which is in the special counsel’s possession, explicitly states that when Trump pressured Comey he had just been told by two of his top aides—his then chief of staff Reince Priebus and his White House counsel Don McGahn—that Flynn was under criminal investigation. This memo, the existence of which I first disclosed in December in Foreign Policy, was, as one source described it to me, “a timeline of events [in the White House] leading up to Flynn’s resignation.” It was dated February 15, 2017, and was prepared by McGahn two days after Flynn’s forced resignation and one day after Trump’s meeting with Comey. As I reported, research for the memo was “primarily conducted by John Eisenberg, the deputy counsel to the president and legal adviser to the National Security Council,” who, in turn, was “assisted by James Burnham, another White House counsel staff member.”
During my reporting, I was allowed to read the memo in its entirety, as well as other, underlying White House records quoted in the memo, such as notes and memos written by McGahn and other senior administration officials. My reporting for this story is also based on interviews with a dozen former and current White House officials, attorneys who have interacted with Mueller’s team of investigators, and witnesses questioned by Mueller’s investigators.
The journalist Murray Wass, who has written for a number of reputable news outlets about the Mueller investigation, claims that in a January 29 letter Trump attorneys Dowd and Sekulow misrepresented parts of this memo to indicate that it proved Trump’s innocence, but that it actually goes a long to proving just the opposite.
Waas then goes into great detail as to how the memo was written, and the White House staff members who participated in its creation.
That staff included Reince Priebus and White House counsel Don McGahn.
If accurate this memo that Waas speaks of could be considered a smoking gun.
And that could help to explain all of this collusion is no big deal talk.