Special
Counsel Robert Mueller to release Russia probe details as former FBI
Director James Comey is scheduled appear before the House Judiciary
Committee; chief intelligence correspondent Catherine Herridge reports.
A
whirlwind week in Special Counsel Robert Mueller's Russian meddling
probe is set for a dramatic triple-threaded conclusion Friday, as fired
FBI Director James Comey prepares to testify before House Republicans
and prosecutors finalize pivotal sentencing documents on former Trump
lawyer Michael Cohen and onetime campaign chairman Paul Manafort.
With
multiple reports and other indications suggesting the long-running
Russia probe that began in May 2017 is nearing its conclusion, Mueller
faces court-imposed Friday deadlines to file potentially revealing memos
outlining how Manafort allegedly broke his cooperation agreement with
the government, as well as how Cohen should be punished for
lying to Congress in 2017 about an abandoned Trump real estate project in Moscow.
The planned submissions are set to come just days after Mueller's office
submitted a heavily redacted sentencing memorandum
indicating that fired national security adviser Michael Flynn had
provided "substantial assistance" with several ongoing investigations
and recommending no prison time. Trump attorney Rudy Giuliani
called Mueller's prosecutors "sick puppies" in the wake of that filing.
Meanwhile, Comey is slated to testify behind closed doors before the House Judiciary Committee, after
dropping his longshot legal challenge to congressional Republicans' subpoena earlier this week when they agreed to make public a transcript of his remarks.
Fox
News has confirmed that a key focus of questioning will be Comey's
decision to write the July 2016 statement recommending against filing
criminal charges in the Hillary Clinton email probe before the former
secretary of state was even interviewed, as well as the
apparent political bias demonstrated in a slew of text messages and leaks by top FBI officials.
CLINTON FOUNDATION WHISTLEBLOWERS COME FOWARD WITH HUNDREDS OF PAGES OF EVIDENCE, GOP REP SAYS
Republicans are also expected to ask about the comparably favorable treatment afforded by the FBI
to Clinton advisers.
In October, U.S. District Court Judge Royce Lamberth said he was
"shocked" and "dumbfounded" when he learned that FBI had granted
immunity to former Clinton chief of staff Cheryl Mills during its
investigation into the use of Clinton's server, according to a
court transcript of his remarks.
House
Overight Committee Chairman Trey Gowdy, R-S.C., told host Shannon Bream
on "Fox News @ Night" Thursday that Republicans will additionally focus
on potential Foreign Intelligence Surveillance Act (FISA) court abuse
by the FBI.
On
four occasions,
the FBI told the FISA court as part of its application to surveil
former Trump aide Carter Page that the agency "did not believe" former
British spy Christopher Steele was the direct source for a Yahoo News
article implicating former Page in Russian collusion.
But London
court documents later revealed that Steele -- who worked for a firm
hired by the Clinton campaign and Democratic National Committee (DNC) --
was, in fact, the source for the Yahoo News article that the FBI
suggested provided an independent basis to monitor Page. Page has not
been charged with any wrongdoing despite the lengthy surveillance, and
he is
now suing the DNC for defamation.
"The
FISA abuses and whether or not the world's premier law enforcement
agencies should be relying -- even in a in a marijuana case -- on
information that you have not vetted corroborated or contradicted" were
among the "salient" issues, Gowdy said. "So what is the threshold for
the reliability and credibility of the information?"
He added that
he wants to ask Comey on Friday whether the agency later tried to
corroborate facts in its FISA application to surveil Page.
"The
FBI had a criminal investigation into a presidential candidate, and then
less than a month after that ended, they launched a
counter-intelligence investigation into the campaign of the other major
presidential candidate," Gowdy told Bream. "So that's a lot of power
that we have given an entity -- it's not too much to ask for the former
head of that entity to come explain to Congress the decisions made and
not made during the relevant time period."
Trump fired Comey in
May 2017, prompting Comey to leak memos documenting statements by the
president in which he purportedly demanded Comey's loyalty and suggested
Comey curtail the investigation into Flynn.
FBI INACCURATELY SUGGESTED TO FISA COURT THAT YAHOO ARTICLE PROVIDED INDEPENDENT BASIS TO SURVEIL TRUMP AIDE
The leaked memos led to Mueller's appointment, and fueled Republicans' claims that Comey was unfit to lead the FBI.
The
president made clear early Thursday that the pending developments were
on his mind, characterizing Mueller's investigation as "Presidential
Harassment" that is undermining his poll numbers.
For Manafort,
the sentencing document requested by Obama-appointed U.S. District Judge
Amy Jackson in Washington, D.C., could be electronically filed at any
time on Friday. Mueller's team
said in a court filing late last month that Manafort -- who avoided a trial in Jackson's courtroom in September by
pleading guilty and vowing to cooperate with prosecutors -- had instead lied to the FBI and Justice Department "on a variety of subject matters."
FLYNN SENTENCING MEMO SAYS HE'S PROVIDED 'SUBSTANTIAL' HELP WITH ONGOING CRIMINAL INVESTIGATION
Manafort's
defense team, which has rejected prosecutors' claims that he violated
the terms of the plea agreement, will have two weeks to respond to
Mueller's filing on Friday. Jackson could schedule a hearing before she
rules on whether to throw out Manafort's plea deal -- which could expose
Manafort to further charges. Jackson has set a tentative sentencing
date of Mar. 5.
Manafort
was convicted
on several bank and fraud charges in a separate Virginia federal case
in August overseen by Judge T.S. Ellis III. A sentencing date of Feb.
8 has been set in that case.
FILE - In this May 23 file photo, Paul Manafort, President Trump's
former campaign chairman, leaves the Federal District Court after a
hearing in Washington. (AP Photo/Jose Luis Magana, File)
Manafort could have yet more involvement in other
ongoing federal probes. A separate investigation referred to DOJ
prosecutors by Mueller earlier this year into possible criminal activity
by Clinton-linked Washington insider Tony Podesta and former Obama
White House Counsel Greg Craig
is reportedly heating up, as prosecutors increasingly reach out to potential witnesses.
Podesta's
firm previously did work for Manafort, raising the possibility that the
ex-Trump campaign chairman will be involved in yet another potential
prosecution. Podesta was offered so-called "use immunity" by Mueller
this summer that would have compelled him to testify in Manafort's
planned D.C. trial, which did not occur as scheduled because of
Manafort's plea deal.
"Use immunity" is a limited form of immunity that
only protects Podesta
from prosecution based on his own statements on the witness stand. Even
if Podesta ultimately provides testimony, he would still be open to
potential prosecution based on materials that prosecutors might uncover
independently from his testimony.
SHOCK COHEN GUILTY PLEA COULD LEAD TO OTHER UNUSUAL PROSECUTIONS FOR LYING TO CONGRESS
Meanwhile,
U.S. District Court Judge William Pauley has imposed a 5 p.m. EST
deadline for both Mueller and prosecutors in the Southern District of
New York to hand-deliver separate sentencing submissions on Cohen, the
former Trump attorney and right-hand man who has pleaded guilty in cases
handled by both offices.
In the Mueller probe, Cohen pleaded
guilty late last month to lying to Congress about a Trump real estate
project in Russia. And in August, Cohen pleaded guilty in a separate
case that Mueller referred to prosecutors in the Southern District of
New York because it fell outside the scope of his congressional mandate
to probe possible Russia collusion.
In the August plea, Cohen
admitted to violating federal campaign finance laws by arranging
hush-money payments to porn star Stormy Daniels and Playboy model Karen
McDougal in the weeks leading up to the election “at the direction” of
then-candidate Trump.
In all, Cohen pleaded guilty to five counts
of tax evasion, one count of making false statements to a financial
institution, one count of willfully causing an unlawful corporate
contribution, and one count of making an excessive campaign
contribution.
MUELLER-REFERRED PROBE INTO CLINTON-LINKED PODESTA GROUP HEATS UP: REPORT
But
legal experts were split on the significance of the plea, because
campaign finance laws are notoriously murky, and Cohen's plea does not
necessarily indicate that prosecutors could have successfully prosecuted
a campaign finance case against Cohen or Trump. Cohen was also accused
of violating numerous other banking and fraud laws, and could have
pleaded guilty to the campaign finance charge to lighten his potential
sentence, experts said.
Michael Cohen leaves Federal court, in New York.
(Associated Press)
TRUMP ASSOCIATE ROGER STONE TO PLEAD FIFTH TO AVOID TESTIFYING BEFORE SENATE JUDICIARY CMTE
And a former
chairman for the Federal Election Commission (FEC)
has said that campaign finance laws are often an unfair lose-lose
proposition for candidates, which is why they are often pursued as civil
matters, rather than criminal ones.
"Suppose Trump had used
campaign funds to pay off these women," former FEC chairman Bradley
Smith wrote in The Washington Post. "Does anyone much doubt that many of
the same people now after Trump for using corporate funds, and not
reporting them as campaign expenditures, would then be claiming that
Trump had illegally diverted campaign funds to 'personal use?'"
Trump
has played down Cohen's pleas, saying in a series of tweets that
campaign finance laws are rarely prosecuted at the criminal level, and
are often handled as civil matters -- unless politics gets involved.
"Michael
Cohen plead guilty to two counts of campaign finance violations that
are not a crime," Trump wrote on Twitter in August. "President Obama had
a big campaign finance violation and it was easily settled!"
That
was an apparent reference to a nearly $400,000 fine issued in 2013 by
the Federal Election Commission against Obama's 2008 presidential
campaign for a slew of administrative violations.
SEVEN HIGHLIGHTS FROM BOMBSHELL DOJ WATCHDOG REPORT INTO FBI, DOJ MISCONDUCT
And
after Cohen's plea last month, the president swiftly fired back,
blasting Cohen as a "weak person," and claiming his former attorney was
"lying" to get a reduced sentence. Cohen is set for sentencing the
morning of Dec. 12.
Other potential former Trump associates and prominent conservatives seemingly remain in the crosshairs. At a
speech
at the American Priority Conference in Washington, D.C., GOP operative
Roger Stone said he was "proud" to have Trump's public support as he
vowed to never testify against the president.
"Few Americans, I
think, could withstand the kind of legal proctological examination that I
have been under for the last two and a half years," Stone said. "Mr.
Mueller and his strike force have examined every aspect of my personal
life. My family life. My social life. My business life. My political
life. My sex life. FBI agents have been seen rummaging through my
garbage. My cleaning lady was interviewed by the Federal Bureau of
Investigation.
"Yet I ask this question," he added. "What does any of that have to do with Russia collusion?"
Stone
this week invoked his Fifth Amendment right against self-incrimination
in refusing to testify and produce documents before the Senate Judiciary
Committee in a closed-door setting.
Raising an objection similar
in some ways to Comey's concerns about offering testimony before the
House Judiciary Committee, Stone said he wanted to avoid a "replay" of
the situation in September 2017, when he testified privately before the
House Intelligence Committee but remains unable to see a transcript of
his own remarks.
"I will not testify unless I am allowed to
testify in public so the American people can hear every word," Stone
said to applause. He said the Russia probe is focused not on collusion,
but on "perjury traps and trumped-up process crimes."
Late
Thursday, Trump tweeted a comment on Fox Business Network by former
Infowars editor Jerome Corsi, who has alleged that Mueller
is attempting to bully him into providing false testimony in the Russia probe.
The
president also again derided Mueller's team as "17 Angry Dems,"
referring to prosecutors in the Special Counsel's office who donated to
Democratic candidates.
"He is not alone, Trump wrote. "17 Angry Dems. People forced to lie. Sad!"