2/ personally (with assistance of Stephen Miller) drafted a logical and non-pretextual letter, which relied on Comey's refusal to declare publicly what he had told Trump privately on multiple occasions: that Trump was not personally under investigation. Trump had a valid reason
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3/ that wasn't personal for such a declaration: the Mueller Report states on multiple occasions that Trump had complained to associates that his ability to conduct foreign relations was seriously impaired by cloud resulting from collusion allegations, now known to have been false
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4/ the Mueller Report gives an interesting and thus far undiscussed chronology of how the termination letter changed from the seemingly straightforward Trump/Miller original draft to the confusing Rosenstein letter which was eventually published. The topic of this thread.
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5/ leading up to these events: Comey had told Trump on several occasions that Trump was not personally under investigation. Trump had asked Comey to state this publicly but Comey refused - initially on grounds that FBI didn't confirm/deny. However, on Mar 20, Comey told House
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6/ Intel Committee that there was Russia investigation, but chose not to say that Trump personally wasn't under investigation. Trump, not unreasonably, perceived that Comey was using the policy opportunistically: if policy permitted him to confirm existence of investigation, then
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7/ the policy ought to have permitted to say that Trump was not personally under investigation. The March 20 incident marked a major erosion in relations between Trump and Comey.
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8/ skipping ahead: on May 3, Comey testified to Senate Judiciary Committee http://archive.is/8WPkY . Mueller Report: Trump had told McGahn that "perception" that Trump was under investigation "was hurting his ability to carry out presidential duties and deal with foreign leaders"pic.twitter.com/dYHYd0nrdL
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9/ despite the impact on government and foreign relations, Comey refused to say publicly what he had told Trump privately on multiple occasions: that he personally was not under investigation.pic.twitter.com/6zkdBUgvvM
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10/ Trump met with McGahn, Sessions and Jody Hunt in May 3 afternoon following Comey testimony. McGahn broke the news that Comey had once again refused to clarify that Trump was not personally under investigation.pic.twitter.com/IGA9gLNC69
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11/ Trump got mad at Sessions, complaining that Sessions' recusal was "unfair" and "that it was interfering with his ability to govern and undermining his authority with foreign leaders."pic.twitter.com/lHENbv81Oj
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12/ Jody Hunt, Sessions' chief of staff, told Mueller that Sessions suggested that Trump should "consider replacing Comey" as FBI director and make a "new start", but noted that the termination decision did not appear to have been finalized at that time.pic.twitter.com/QwXSecBaSi
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13/ over the following day, Trump repeatedly complained about Comey to Steve Bannon, describing as a "grandstander" and "showboater". Trump continued to express his exasperation about the now conclusively disproven collusion charges.pic.twitter.com/3wsxPDqWBS
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14/ Bannon told Trump that "firing Comey was not going to stop the investigation" - a point that Trump seems to have understood (see subsequent interview with Lester Holt).pic.twitter.com/hW8Ch3gLxe
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15/ at dinner May 5, Trump "dictated arguments and specific language for" the Comey termination letter with points that, unlike later Rosenstein version, made sense. Trump noted that Comey had told him that he was "not under investigation" for what T called a "fabricated story"..pic.twitter.com/jOoY9nDiPF
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16/ then telling Comey that "I, and I believe the American public - including Ds and Rs - have lost faith in you as Director of the FBI". Miller worked on further drafts over weekend. Nothing "pretextual" about this original letter. "Pretextual" issues arose later.
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17/ Mueller Report observed Miller's final draft tracked first draft, leading with assertion that Comey had told Trump on three occasions that T was not under investigation. Mueller noted that the 4- page letter addressed other issues, including Comey's failure on leakerspic.twitter.com/1iWsjEZeih
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18/ on Monday morning May 8, Trump presented letter to McGahn and senior staff. McGahn succeeded in slowing down the process, proposing WH lawyers discuss with Sessions and Rosenstein at regular meeting in afternoon. Corney's status was apparently already being discussed at DOJpic.twitter.com/Ze5MHdiqFq
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19/ May 8 noon: meeting between WH lawyers McGahn, Dhillon and Sessions, Rosenstein. Latter "criticized Comey and did not raise concerns about replacing him", which re-assured McGahn.pic.twitter.com/QoVVBTIx67
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20/ 5 pm May 8: Trump met with WH lawyers, Sessions, Rosenstein about firing Comey. Sessions said that he had already recommended. Rosenstein "described his concerns about Comey's handling of the Clinton email investigation" - a far cry from Trump's draft termination letterpic.twitter.com/99HvU97Lsz
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21/ watch how Trump's original clear letter gets sabotaged by bureaucrats. The "group" (McGahn?) suggested that Rosenstein & Sessions provide written recommendation. Trump agrees, but insists on inclusion of Comey's refusal to confirm T not under investigation. However,pic.twitter.com/ht0a7oFnWs
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22/ Rosenstein was only concerned about Hillary issues and not about the issues that bothered Trump. He didn't want to mention Russia issues, which had been in original Trump letter. McGahn appears to have left the contradiction unresolved, poorly serving Trump on this occasion.
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23/ Rosenstein recognized the inconsistency: that his reasons for termination were not the same as Trump's reasons. But it wasn't like Trump was trying to conceal his reasons: at every stage so far, he had insisted on inclusion of the reason set out in his original draft.pic.twitter.com/7Rvkau2TgB
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24/next day (May 9), Rosenstein returned draft letter relying only on Hillary rationale. Mueller Report states that White House Counsel's Office insisted that Trump's (clear) original termination letter be trashed and "no other rationales" besides Rosenstein's be offered.pic.twitter.com/OSUwE41Tnc
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25/ Trump directed Miller to redraft letter, including reference to Comey having privately told Trump on three occasions what he refused to say publicly: that Trump was not under investigation.pic.twitter.com/OIZl2e5Z5S
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26/ in footnote, Mueller Report stated that staffers Dhillon and Eisenberg firmly stated that Trump's "desire to include the language about not being under investigation was the "driving animus of the whole thing"pic.twitter.com/MM7oPpKTl4
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27/ Priebus, who, together with McGahn, had stoutly resisted Trump's language, issued a press statement which seriously over-egged the Rosenstein-Sessions recommendation (based on Hillary), adopting White House Counsel approach that Trump had tried to repudiatepic.twitter.com/GtiC0HP1Yw
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28/ here is Priebus press statement https://www.whitehouse.gov/briefings-statements/statement-press-secretary-13/ …pic.twitter.com/DSwMgRbNhG
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29/ Trump called Chris Christie when press reaction to Comey firing was very sour. Christie sensibly asked whether Comey was really fired for what was in Rosenstein memo (Hillary stuff). After Trump inaccurately said yes, Christie told Trump to get Rosenstein to stand up.pic.twitter.com/bHTUHPCzB9
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30/ Trump's original letter - that he had lost confidence in Comey - would have been much better than the absurd introduction of Rosenstein's Hillary issues which the White House Counsel had insisted on.pic.twitter.com/5zgzOPJHAk
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31/ Making matters worse, despite the White House Counsel office insisting on Rosenstein's Hillary issues as firing rationale, Rosenstein now refused to stand up for his letter. McGahn's attempt at being cute had totally backfired.pic.twitter.com/28ib5ZDHiM
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