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ultimately pursue its plan to indict the President. But, according toa
source involved in the legal strategy, the plan is "more advanced" than it
was when the indictment was drafted in April. The investigation
continues and new evidence or other factors might push both
prosecutors and the grand jury in another direction. Just passing its first
anniversary, the Mueller investigation has conducted itself with
remarkable secrecy. Descriptions of the proposed indictment provide
one of the few insights into its strategy and its sense of the political peril
in front of it.
It may be noteworthy that there appears now not to be plan for an
indictment related to collusion, although, legal experts say, that could
come later.
The White House view is that without the underlying collusion
charge, Mueller will be presenting a weak and politically-motivated
case. The Mueller view seems to be that the obstruction charges go to
the heart of exposing how Trump has abused his power and turned the
White House into a corrupt fiefdom.
The President's scheme to obstruct the FBI's investigation into
connections between the Trump campaign and Russian efforts to
undermine the U.S. election, according to the Mueller indictment, began
on the 7th day of the Trump administration. Three days prior to this, on
January 24, National Security Advisor, Michael Flynn, lied to the FBI
about his contacts with the Russian Ambassador, Sergey Kislyak. These
were contacts, directed by an unnamed but ranking member of the
Presidential Transition team.
That unnamed person, in the view of several lawyers who
discussed the case with me, is very likely Trump himself, and might
imply that Trump encouraged Flynn to lie to the FBI, promising to
protect him—using his influence or pardon powers.
On January 27th, seven days after Donald Trump's inauguration,
the President had the one-on-one dinner with FBI Director James
Comey—recounted in Comey’s congressional testimony and in his
recent book, "A Higher Loyalty"—at which the President asked Comey if
he "wanted to stay on as FBI Director." The President then requested a
loyalty pledge in an effort, according to Comey's testimony before the
Senate Select Committee on Intelligence, to "create some sort of
patronage relationship"—a characterization the indictment accepts.
Flynn resigned on February 13. The next day, the President
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