by Jerry Dunleavy
On May 16, 2017, Andrew McCabe announced to Deputy Attorney General Rod Rosenstein that the FBI had formally opened an investigation into President Donald Trump for alleged collusion and obstruction, intensifying calls for a special counsel to lead the Russia probe. Declassified memos reveal McCabe’s strategic campaign to install Robert Mueller, capitalizing on Rosenstein’s doubts and Comey’s leaked memos to secure an independent investigation.
Another memo by McCabe stated that he met with Sessions and Rosenstein at the DOJ command center for a meeting on the President’s Daily briefing materials on May 12, 2017 — and soon spent the day pushing Rosenstein to name a special counsel to lead the baseless collusion inquiry.
Rosenstein and McCabe held a private conversation, and “the DAG [Rosenstein] began discussing recent developments related to the firing of Director Comey, and became visibly emotional and upset. He indicated that he had been ordered by the President to write the memo justifying the firing. However, he stated that he did not know his memo would be publicly released and used to justify the Director’s termination.”
The memo said that “the DAG stated that he had been thinking about appointing a Special Counsel to oversee the investigation but that he was concerned that such a designation would lead to his termination. The DAG feared what would happen to the Department and the investigation if he were also fired. The DAG asked for my thoughts on whether or not we needed a Special Counsel and indicated that I thought it would help to preserve the credibility of the investigation. He remarked that he wished he could talk to Director Comey about the situation.”
McCabe said that he returned to the DOJ again later that day to meet with Rosenstein once more: “I told the DAG that I recognized the decision to designate a Special Counsel was entirely his, but that thought he deserved to hear my best formed thoughts on the issue, which I had not had the chance to do earlier in the morning I explained that felt strongly that the investigation would be best served by having a Special Counsel. … I told him that the possibility that we might someday close the investigation without charging anyone only heightened the need to have a completely impartial, highly credible, independent Special Counsel announcing that result.”
McCabe also seemed to prey on Rosenstein’s fear of public criticism, writing that “I pointed out that DOJ and the FBI were likely to take withering criticism from the Hill and others until the decision was made, and that we stood to lose credibility as those attacks wore on.”
McCabe said Rosenstein “indicated that he had not yet made the decision to appoint a Special Counsel. He believed doing so might cause him to get fired and he was worried about what the Department would do without a confirmed DAG, especially in light of the AG’s recusal on the Russia issue. In addition, he wanted to remain actively involved in the selection of the next Director of the FBI.”
The memo said that “the DAG indicated that he would continue to consider the appointment of a Special Counsel, but he did not believe that he needed to do it quickly.”
McCabe also said that, at the invitation of Sessions later that day, he met with Sessions and Rosenstein to interview for the full time FBI director position on May 13, 2017. And McCabe said that Rosenstein called him the day after that and, “using coded language, he asked me that if I had the opportunity to speak to Director Comey, he would be very interested to hear what the Director thought about the Special Counsel issue. I told him I would consider it.”
McCabe said that “I convened a conference call with [FBI general counsel] James Baker, [Comey chief of staff] James Rybicki, and Lisa Page to discuss whether or not I should seek Director Comey’s opinion on the special counsel issue. We all concluded that I should not.”
The FBI deputy director recounted these May 12 meetings with Mueller’s team in September 2017, with FBI notes stating that “Rosenstein mentioned possibly appointing a special counsel in this meeting but expressed concern about being fired for appointing one. Rosenstein asked for McCabe’s thoughts and McCabe said he thought it would be helpful.”
The FBI notes add that “McCabe believed a follow up meeting would be a good opportunity for him to plant the seed for Rosenstein to ‘think productively’ about getting a special counsel appointed. McCabe feared it would cost Rosenstein his job, but decided it would be worth it for the sake of the investigations. … When McCabe and Rosenstein met again…he encouraged Rosenstein to appoint a special counsel to bolster the investigation.”
Comey had already set his plan in motion to get a special counsel picked.
The Comey memos
Comey began memorializing his conversations with Trump after their first one-on-one meeting in early January 2017 at Trump Tower in New York City, where Comey told Trump about some of the salacious claims in the debunked Steele dossier.
Comey created seven memos in all, spanning from January 7, 2017, to April 11, 2017.
DOJ inspector general Horowitz released a separate 2019 report focused on Comey’s mishandling of the memos he made about conversations he had with Trump in early 2017, harshly criticizing Comey’s decision to remove those memos from the FBI after he was fired and to provide some contents to a friend to leak to the media. Comey testified to Congress in 2017 that he hoped leaking this information “might prompt the appointment of a special counsel.”
“Comey had several other lawful options available to him to advocate for the appointment of a special counsel, which he told us was his goal in making the disclosure,” Horowitz wrote. “What was not permitted was the unauthorized disclosure of sensitive investigative information, obtained during the course of FBI employment, in order to achieve a personally desired outcome.”
Two days after Comey’s firing, The New York Times published an article titled “In a Private Dinner, Trump Demanded Loyalty. Comey Demurred” — and it described information contained in Comey’s second memo related to a January 27, 2017 one-on-one dinner between Comey and Trump at the White House. That article was allegedly based on two sources, including Comey’s friend and attorney, Daniel Richman. This article was the basis of Trump’s “tapes” tweet the next day, on May 12, 2017.
Comey claimed to Horowitz’s investigators that on May 16, 2017 he awoke in the middle of the night as if “struck by a lightning bolt” after realizing that if Trump had tapes of their conversations, then Comey’s version of events could be corroborated. Comey said he realized he could “actually do something” to make sure Trump didn’t destroy the alleged tapes and to ensure the tapes made their way to the Justice Department and to the public. That “something” was the leaking of information from his fourth memo to “change the game” and create “extraordinary pressure on the leadership” at the Justice Department, who Comey said he didn’t have faith in, to “appoint someone who the country can trust to go and get those tapes.”
Comey told Richman “to share the content of this memo, but not the memo itself” with the New York Times, resulting in an article published that day titled, “Comey Memo Says Trump Asked Him to End Flynn Investigation.”
Rosenstein would then cave and appoint Mueller as special counsel the next day, on May 17, 2017.
Comey wrote that “I don’t do sneaky things” and “I don’t leak” in his memos, even as he was quietly taking notes on private conversations — which he then leaked to his friend to leak to the media to get a special counsel.
May 16, 2017 — Rosenstein suggests wearing a wire
McCabe met with Rosenstein again at the DOJ on May 16, 2017 — and his memo recounted that he announced that the FBI was formally investigating Trump over evidence-free claims of collusion and for the firing of Comey, while Rosenstein later suggested wearing a wire to the White House to secretly record Trump. McCabe also continued pushing Rosenstein to name a special counsel. A memo penned by Lisa Page — who was present at the meeting too — echoed the McCabe memo claims.
This particular McCabe memo was first partially declassified and released in 2019 thanks to a Freedom of Information Act lawsuit by Judicial Watch.
“I began by telling him that today I approved the opening of an investigation of President Donald Trump. I explained that the purpose of the investigation was to investigate allegations of possible collusion between the president and the Russian Government, possible obstruction of justice related to the firing of FBI Director James Comey, and possible conspiracy to obstruct justice,” the McCabe memo stated. “The DAG questioned what I meant by collusion and I explained that I was referring to the investigation of any potential links between the Trump campaign and the Russian government. I explained that counterintelligence investigations of this sort were meant to uncover any the existence of any threat to national security as well as whether or not criminal conduct had occurred.”
McCabe continued: “Regarding the obstruction issues, I made clear that our predication was based not only on the president’s comments last week to reporter Lester Holt (that he connected the firing of the director to the FBI’s Russia investigation), but also on the several concerning comments the president made to Director Comey over the last few months. These comments included the President’s requests for assurances of loyalty, statements about the Russia investigation, and the investigation of General Michael Flynn. I also informed the DAG that Director Comey preserved his recollection of these interactions in a series of contemporaneously drafted memos.”
And McCabe also “informed the DAG that as a result of his role in the matter, I thought he would be a witness in the case.”
Lisa Page wrote that Rosenstein said “getting a good FBI Director nominated was his most important priority” and that “he frequently shifted between recounting conversations he had had with possible nominees, while at the same time referring to some of the same individuals as the possible Special Counsel over the Russia investigation.” Her memo said that Rosenstein “explained that Mueller had called and said he would do it” and that “it appeared that this was a reference to the Special Counsel job.”
The “Gang of Eight”
Her memo stated that it was at some point during Rosenstein’s description of Comey’s firing that McCabe “informed the room that the FBI had decided to open an investigation against the President, as well as AG Sessions” and “also informed the group that the FBI had made arrangements to brief the Gang of 8 the following evening.” Rosenstein allegedly said he wanted to attend that congressional briefing, “which launched a conversation in which several of us implored the DAG that he should make the announcement of his intention to appoint a Special Counsel before he attended the Gang of 8 briefing.”
McCabe wrote that “we discussed the issue of appointing a Special Counsel to oversee the FBI’s Russia investigation” and that “the DAG said he has two candidates ready, one of whom could start immediately.” His memo said that Rosenstein “indicated” that he “had made the decision to appoint a Counsel last week” but was “thrown off” by Comey’s firing.
“The DAG said that he left a copy of the delegation with Acting Assistant Attorney General for National Security Dana Boente to execute in the DAG’s absence if the DAG were suddenly removed from his position,” McCabe wrote. “However, the DAG indicated he now intended to wait a few days before selecting a Special Counsel so he could remain actively involved in providing input regarding the selection of the new Director of the FBI.”
Rosenstein allegedly lamented the role he had played in drafting a letter that Trump cited to justify Comey’s firing, and McCabe said that “as our conversation continued the DAG proposed that he could potentially wear a recording device into the Oval Office to collect additional evidence on the President’s true intentions. He said he thought this might be possible because he was not searched when he entered the White House. I told him that I would discuss the opportunity with my investigative team and get back to him.”
Lisa Page wrote that “near the end of the meeting” Rosenstein said that McCabe had an upcoming interview with Trump about the full-time FBI director gig — “which had not been scheduled and for which Mr. McCabe had no awareness.” Rosenstein said Trump had “inexplicably” yelled “do you think this is a real interview?!” in reference to interviewing McCabe to be the permanent FBI chief, her memo stated, and Lisa Page wrote that it was at that point that Rosenstein “suggested that he and Mr. McCabe should wear a wire to record the conversation.”
McCabe’s memo also stated that “we discussed the President’s capacity and the possibility that he could be removed from office under the 25th Amendment The DAG indicated that he looked into the issue and determined he would need a majority, or eight of fifteen cabinet officials and that he might already have two supporters in the AG [Sessions] and Secretary of Homeland Security General John Kelly.”
Rosenstein named Mueller as special counsel the next day, kicking off a renewed investigation that would last another two years but which ultimately “did not establish” any criminal Trump-Russia collusion.
McCabe later spoke to the Mueller team about the May 16 meetings in September 2017.
The FBI notes state that McCabe told Rosenstein that he was launching “an investigation of Trump for obstruction and collusion” and that McCabe and Rosenstein “discussed whether the investigations” into “collusion” and “obstruction” would be “perceived as revenge.”
McCabe told the FBI that Rosenstein was unhappy about taking the blame for Comey’s firing and told McCabe he wasn’t searched when visiting the White House, offering that McCabe could “wire him up.” The FBI notes state that Rosenstein said he “could engage Trump in a recorded conversation to capture Trump’s true intentions in firing Comey,” according to McCabe, who says he told Rosenstein that “he would talk to his team and think about it.”
Rosenstein denies McCabe’s claims — and critiques McCabe
The New York Times published a September 2018 story titled “Rod Rosenstein Suggested Secretly Recording Trump and Discussed 25th Amendment” echoing the McCabe memo claims, and Rosenstein denied it.
“The New York Times’s story is inaccurate and factually incorrect,” Rosenstein told the outlet at the time. “I will not further comment on a story based on anonymous sources who are obviously biased against the department and are advancing their own personal agenda. But let me be clear about this: Based on my personal dealings with the president, there is no basis to invoke the 25th Amendment.”
A Justice Department spokesperson reportedly “also provided a statement from a person who was present when Mr. Rosenstein proposed wearing a wire. The person, who would not be named, acknowledged the remark but said Mr. Rosenstein made it sarcastically.”
Rosenstein told the Senate in 2020 that “I did not suggest or hint at secretly recording President Trump. I have never in any way suggested that the president should be removed from office under the 25th Amendment.”
Rosenstein also criticized McCabe’s candor during the former Trump deputy attorney general’s Senate testimony.
“I believed, senator, that Mr. McCabe was not fully candid with me, he certainly wasn’t forthcoming,” Rosenstein said. “In particular, senator, with regard to Mr. Comey’s memoranda of his interviews with the president and with regard to the FBI’s suspicions about the president, Mr. McCabe did not reveal those to me for at least a week after he became acting director, despite the fact that we had repeated conversations focusing on this investigation.”
McCabe released a statement in the midst of Rosenstein’s 2020 testimony.
“Mr. Rosenstein’s claims to have been misled by me, or anyone from the FBI, regarding our concerns about President Trump and the Trump campaign’s interactions with Russia are completely false. Mr. Rosenstein approved of, and suggested ways to enhance, our investigation of the President,” McCabe said at the time. “Further, I personally briefed Mr. Rosenstein on Jim Comey’s memos describing his interactions with the President mere days after Mr. Rosenstein wrote the memo firing Jim Comey. Mr. Rosenstein’s testimony is completely at odds with the factual record. It looks to be yet another sad attempt by the President and his men to rewrite the history of their actions in 2017. They have found in Mr. Rosenstein — then and now — a willing accessory in that effort.”
Rosenstein replied during the Senate hearing that “I did not say that Mr. McCabe misled me … What I said was he did not reveal the Comey memos to me for a week, and that is true. And he revealed them to me only a couple of hours before they showed up in the New York Times. And he did not reveal to me that he was having internal deliberations with his team about whether to target very high profile people for investigation. And his position is that he did not have to do that until after he’d signed off on it. And that may be true under the rules that were written at the time, but my view, senator, was that’s the kind of thing that I needed to know.”
– – –
Jerry Dunleavy is the chief investigative correspondent at Just the News.
Photo “Robert Mueller” by U.S. Embassy Tallinn, Estonia. CC BY-NC-ND 2.0.
The whole lot of this Deep State gang should be prosecuted and convicted for initiating a coup d’etat and high treason against President Trump.