LibGuides: White Collar Crime: Federal and Ohio: The Mueller Investigation / Impeachment

28 U.S. Code § 510 - Delegation of authority
The Attorney General may from time to time make such provisions as he considers appropriate authorizing the performance by any other officer, employee, or agency of the Department of Justice of any function of the Attorney General.
50 U.S. Code § 3091
General congressional oversight provisions
50 U.S. Code § 3092
The House and Senate Intelligence Committees are entitled to reporting of intelligence activities other than covert actions.

28 CFR Part 600 - GENERAL POWERS OF SPECIAL COUNSEL

Fed. Rule of Crim. Proc. 6(e)
Prohibits disclosure of grand jury proceedings, with some exceptions. Rule 6(e) specifically exempts intelligence shared with government officials from the restrictions on grand jury disclosure, thanks to language added after the 9/11 attacks.
Haldeman v. Sirica, 501 F.2d 714 (D.C. Cir. 1974)
Watergate case where District Judge John J. Sirica ruled that Fed. Rule. of Crim. Proc. 6(e) did not bar disclosure of the full independent counsel report, and all the underlying evidence, to the House Judiciary Committee, but it was barred to public disclosure. The report became known as “the Road Map” and guided the committee’s ongoing investigation. Four months later the committee reported articles of impeachment. Two weeks later, President Nixon resigned.

Mueller Report
3/19
Trump Pardons Roger Stone, Paul Manafort And Charles Kushner
12/23/20
Judge says Trump pardon doesn’t make Michael Flynn innocent of lying to FBI, but he tosses case
CNBC 12/15/20
Alex Van Der Zwaan plea agreement for making false statements
2/20/18
Richard Pinedo pleads guilty to idenity theft
2/16/18
13 Russian nationals indicted for conspiracy, failure to register as foreign agents, wire and bank fraud, aggravated identity theft
Special Counsel Mueller's indictment of 2/16/18 of the Russian Internet Research Agency for conspiracy to defraud the US Government by meddling in the 2016 presidential election.
Indictment serves notice that forfeiture will sought as a part of any sentence.
US v. Papadopoulous
Mr. Papadopoulos admitted that in a January interview with the F.B.I., he lied about his contacts with a Russian professor, whom he knew to have “substantial connections to Russian government officials,” according to court documents. Mr. Papadopoulos told the authorities that the conversation occurred before he became an adviser to Mr. Trump’s campaign. In fact, he met the professor days after joining the campaign. He pled guilty to violating 18 USC Sec. 1001. 10/30/17
Michael Cohen's Plea Agreement
Paul Manafort found guilty on eight counts
CNN 8/21/18 - including bank fraud and tax fraud.
Comey's 12/7/18 Interview with Congress
The transcript.
Manafort’s apartment forfeited
Greg Craig found not guilty in Ukraine lobbying case
Politico 9/5/2019
Jury Convicts Flynn Intel Group Founder of Conspiring to Act as an Undisclosed Agent of Turkey
Bijan Rafiekian,was convicted of failing to register as a foreign agent.
Executive Privilege and Individuals outside the Executive Branch
CRS Report 10/9/19
REPORT OF THE REPORT 116-XX SELECT COMMITTEE ON INTELLIGENCE UNITED STATES SENATE ON RUSSIAN ACTIVE MEASURES CAMPAIGNS AND INTERFERENCE IN THE 2016 U.S. ELECTION VOLUME 5: COUNTERINTELLIGENCE THREATS AND VULNERABILITIES
8/2020
Trump issues 26 new pardons, including for Stone, Manafort and Charles Kushner
CNN 12/23/20
Banker found guilty of bribery for Manafort bank loans in chase for Trump administration job
CNN 7/13/21 Stephen Calk, the former chairman and CEO of The Federal Savings Bank, was found guilty of conspiring with onetime Donald Trump campaign chairman Paul Manafort to exchange risky bank loans for a high-ranking position in the presidential administration.
Political Operatives Indicted for Alleged Scheme Involving Illegal Campaign Contribution to 2016 Presidential Campaign
Justice Dept press release 9/20/21
Durham's Sussman indictment is a bizarre coda for DOJ's Russia investigation
MSNBC 9/19/21 Has a good discussion of the elements of the crime of making a false statement to the FBI.
Thoughts on the Michael Sussmann Verdict
Michael Sussman found not guilty of lying 6/1/22
Analyst who provided Trump-Russia dossier information is acquitted of lying to FBI Analyst Igor Danchenko's acquittal is another blow to special counsel John Durham’s probe into the origins of the FBI's investigation of allegations of ties between former
NBC News 10/18/22

Unredacted Barr Memo
Attorney General William Barr’s Summary of the Mueller Report
William Barr June 8, 2018 Memo on Obstruction of Justice by President
The Redacted Mueller Report
Word searchable version.
Obstruction of Justice in the Mueller Report: A Heat Map
LawFare Blog 4/21/19

Heat Map from the LawFare article referenced above. The red squares indicate that there is good evidence for the proposition.

A Sitting President's Amenability to Indictment and Criminal Prosecution, 24 Op. O.L.C. 222, 222, 260 (2000) (OLC Op.).
The indictment or criminal prosecution of a sitting President would unconstitutionally undermine the capacity of the executive branch to perform its constitutionally assigned functions.
October 16, 2000

Impeachment Resource Guide
LibGuide from Cleveland-Marshall College of Law Library (includes impeachment of Trump for the second time)

H.Res.755 - Impeaching Donald John Trump, President of the United States, for high crimes and misdemeanors. 116th Congress (2019-2020)
Trump found not guilty on both articles of impeachment 2/5/2020
Withholding of Ukraine Security Assistance in violation of law
GAO Decision 1/16/20
5 U.S.C. 2302(b)(8)-(9)
The Whistleblower Protection Act protects whistleblowers who report activity in violation of law.
Memorandum of 7/25/19 Telephone Conversation between President Trump and President Zelensky of Ukraine
Released to the public 9/24/19. Related to the Mueller Investigation because the Mueller investigation is mentioned in the call. Trump wanted Zelensky to do some more investigation into the hacking of the DNC server.
The Whistleblower complaint
Dated 8/12/19, released to the public 9/26/19

“Urgent Concern” Determination by the Inspector General of the Intelligence Community
OLC Legal Opinion, originally issued in classified form 9/3/19. Released to the public 9/25/19.

Impeachment Related Publications
Govinfo
U.S. Government Information: Whistleblower
UC San Diego Libgude on US Government Information.
Congressional Access to Information in an Impeachment Investigation
CRS Report 10/28/19
Public Document Clearinghouse: Ukraine Impeachment Inquiry
JustSecurty.org 11/11/19

THE TRUMP-UKRAINE IMPEACHMENT INQUIRY REPORT
Report of the House Permanent Select Committee on Intelligence, Pursuant to H. Res. 660 in Consultation with the House Committee on Oversight and Reform and the House Committee on Foreign Affairs 12/2/2019
Report of Evidence in the Democrats' Impeachment Inquiry in the House of Representatives
Republican Staff Report 12/2/19

Constitutional Grounds for Impeachment
Report of the Majority Staff of the House Committee on the Judiciary 12/6/19
Resources about Impeachment
The Constitution Annotated
Articles of Impeachment
12/10/19