The Mercury News

Mueller seeking to query Trump

Special counsel reportedly wants to talk about ousters of Comey, Flynn, pressure on AG Sessions

- By Carol D. Leonnig, Sari Horwitz and Josh Dawsey

WASHINGTON >> Special counsel Robert Mueller III is seeking to question President Donald Trump in the coming weeks about his decisions to oust national security adviser Michael Flynn and FBI Director James Comey, according to two people familiar with his plans.

Mueller’s interest in the events that led Trump to push out Flynn and Comey indicates that his investigat­ion is aggressive­ly scrutinizi­ng possible efforts by the president or others to hamper the special counsel’s probe.

Discussion­s about a Trump interview come amid the broader inquiry into Russia’s interferen­ce in the 2016 election, a widerangin­g investigat­ion that has already led to charges against four former Trump advisers.

Mueller now appears to be turning his attention to Trump and key witnesses in his inner circle, raising the pressure on the White House as the administra­tion enters its second year.

Last week, Attorney General Jeff Sessions was interviewe­d for several hours by special counsel investigat­ors, according to Justice Department officials. He is the first member of Trump’s Cabinet to be questioned in the probe.

Months ago, the special counsel’s office also briefly interviewe­d Comey, who at the time vouched for the contents of memos he wrote about private conversati­ons he had with the president, according to people familiar with the matter. The

Sessions and Comey interviews were first reported by the New York Times.

Trump’s attorneys have crafted some negotiatin­g terms for the president’s interview with Mueller’s team, and they could be presented to the special counsel as soon as next week, according to the two people.

Sitting presidents have been interviewe­d by prosecutor­s in the past, though courts have urged government investigat­ors to seek such interviews only when they cannot obtain relevant informatio­n another way. In 1998, President Bill Clinton testified for more than four hours before a grand jury via a video link after being subpoenaed by independen­t counsel Kenneth W. Starr.

Firings at issue

Within the past two weeks, the special counsel’s office has indicated to the White House that the central subjects investigat­ors wish to discuss with the president are the departures of Flynn and Comey and the events surroundin­g their firings.

Mueller has also expressed interest in Trump’s efforts to remove Sessions as attorney general or pressure him into quitting, according to a person familiar with the probe. The person said the special counsel was seeking to determine whether there was a “pattern” of behavior by the president.

Flynn resigned last February after The Washington Post reported that he had misled Vice President Mike Pence and other administra­tion officials about his communicat­ions with Sergey Kislyak, then the Russian ambassador to the United States.

Late last year, Flynn pleaded guilty to lying to the FBI about his contacts with Kislyak. Trump then tweeted that “he had to fire General Flynn because he lied to the Vice President and the FBI.” Previously, the White House had cited The firing of FBI Director James Comey will likely be one of the subjects President Donald Trump will be asked about.

only the false statements to Pence as a rationale for dismissing Flynn.

Trump fired Comey in May, several days after the then-FBI director told Congress that he could not comment on whether there was evidence of collusion between the Trump campaign and Russia. At the time, Comey was overseeing the Russia probe. Comey later testified that the president had asked him several months earlier whether he could see a way to “letting Flynn go.”

Behind the scenes, the president has told his team of lawyers that he is not worried about being interviewe­d because he has done nothing wrong, according to people familiar with his views. His attorneys also support a sit-down, as long as there are clear parameters and topics.

However, some of Trump’s close advisers and friends fear that a face-toface interview with Mueller could put the president in legal jeopardy. A central worry, they say, is Trump’s lack of precision in his speech and his penchant for hyperbole.

People close to Trump have tried to warn him for months that Mueller is a “killer,” in the words of one associate, noting that the special counsel has shown interest in the president’s actions.

Roger Stone, a longtime informal adviser to Trump, said he should try to avoid an interview at all costs, saying agreeing to such a session would be a “suicide mission.”

“I find it to be a death wish. Why would you walk into a perjury trap?” Stone said. “The president would be very poorly advised to give Mueller an interview.”

Sessions, who has recused himself from oversight of the special counsel investigat­ion, could be a key witness to the events under scrutiny. In 2016, he met at least twice with Kislyak. After Trump was elected, Sessions was one of a small number of administra­tion officials involved in discussion­s with the president that led to the firing of Comey.

During his confirmati­on hearing in early 2017, Sessions was asked what he would do if he learned that there had been contacts between Russians and the Trump campaign. He answered: “I did not have communicat­ions with the Russians.”

Sessions’ meetings

After The Washington Post reported that he met at least twice with Kislyak in 2016, Sessions announced that he was recusing himself from investigat­ions involving the election, based on the advice of Justice Department ethics lawyers.

He has since maintained that he misunderst­ood the scope of the question at his confirmati­on hearing, and that his meetings with Kislyak were fleeting or strictly in his capacity as a U.S. senator. In announcing his recusal, Sessions said: “I never had meetings with Russian operatives or Russian intermedia­ries about the Trump campaign.”

That assertion is contradict­ed by the accounts Kislyak provided to his superiors in Moscow, according to current and former U.S. officials.

Kislyak reported to his bosses that he discussed campaign-related matters, including policy issues important to Moscow, with Sessions during the 2016 presidenti­al race.

 ??  ?? Trump
Advisers are worried president’s imprecise speech could land him in legal trouble.
Trump Advisers are worried president’s imprecise speech could land him in legal trouble.
 ??  ?? Mueller
Working with Trump’s lawyers on the terms of president’s appearance.
Mueller Working with Trump’s lawyers on the terms of president’s appearance.
 ??  ?? Sessions
AG was questioned by Mueller’s team last week.
Sessions AG was questioned by Mueller’s team last week.
 ?? J. SCOTT APPLEWHITE, AP ??
J. SCOTT APPLEWHITE, AP

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