Project Resources
ACS-CREW analyses, event videos, and key documents to to promote informed public evaluation of the investigations by Special Counsel Robert Mueller and others into Russian interference in the 2016 election and related matters.
NEW: Stark Contrasts Between Mueller Report and AG Barr's Summary
Stark Contrasts Between the Mueller Report and Attorney General Barr’s Summary
ACS-CREW Reports
The Smear Campaign Against Mueller: Debunking the Nunes Memo and the Other Attacks on the Russia Investigation - Noah Bookbinder, Norman Eisen, Caroline Fredrickson, and Kristin Amerling examine the facts and law relating to seven major allegations regarding the conduct of the Russia investigation that collectively amount to one of the most sustained smear campaigns against honest government officials since Senator Joe McCarthy’s attacks of the 1950’s. The authors explain why (1) Mueller does not have conflicts of interest that disqualify him from being special counsel; (2) Mueller’s investigative team does not face conflicts of interest; (3) No DOJ employee actions have justified removal of Mueller; (4) Trump transition materials accessed by the Special Counsel likely do not raise privilege concerns; (5) the Mueller inquiry does not turn on opposition research funded by the Clinton campaign; (6) Representative Devin Nunes’s memo claiming that the FBI improperly obtained a warrant to conduct surveillance on Trump campaign officials lacks credibility; and (7) an additional special counsel is not warranted under applicable law. Although this inquiry is still unfolding and any assessment is necessarily preliminary, the report concludes that based on what is publicly known, the Special Counsel has conducted an inquiry that fully complies with relevant laws, rules, and guidelines – and that is wholly consistent with Mueller’s reputation for playing by the book. (January 31, 2018)
Why President Trump Can't Pardon His Way Out of the Special Counsel and Cohen Investigations - Noah Bookbinder, Norm Eisen, Caroline Fredrickson, and Conor Shaw detail why the pardon strategy will not work. In the first three sections, we focus on the exposure to possible state charges in New York of three representative individuals: Paul Manafort, a defendant in two pending cases; his deputy Rick Gates, a cooperating witness who has pled guilty; and Michael Cohen, the as-yet unindicted focus of a separate investigation. (May 10, 2018)
Evidentiary Privileges Can Do Little to Block Trump-Related Investigations - Norm Eisen and Andrew Wright examine privilege doctrines raised by witnesses in the congressional and criminal investigations of President Trump and his associates—including executive privilege, attorney-client privilege, and the Fifth Amendment right against self-incrimination. (June 29, 2018)
The Implications for the Mueller Investigation of Confirming Judge Brett Kavanaugh- Professor Neil Kinkopf examines the consequences that confirming Judge Brett Kavanaugh, President Donald Trump’s nominee to be Associate Justice of the United States, would have for the ongoing investigation of Russian interference in the last presidential election. Because Judge Kavanaugh is an ardent proponent of the Unitary Executive Theory, the implications of Judge Kavanaugh’s confirmation are reasonably clear: the confirmation of Judge Kavanaugh would significantly undermine the ability of Special Counsel Robert Mueller, or any other authority, to conduct a credible, independent investigation of the President or the President’s campaign. This paper begins by setting forth the meaning of the Unitary Executive Theory of presidential power as well as Judge Kavanaugh’s advocacy of the theory. The paper then examines a number of the specific ramifications of this theory for the Mueller probe. (August 23, 2018)
ACS-CREW Op-Eds and Related Articles
Obstruction of Justice
Will Kavanaugh Provide Cover for Trump? – The New York Times
Trump Hasn’t Fired Mueller – Yet – The New York Times
Did Trump Obstruct Justice? – The New York Times
Executive Privilege
Trump Likely Will Lose Executive Privilege Showdown – USA Today
Pardon Power
Why Schneiderman's Replacement Matters – The New York Times
Analysis of Smears Against Mueller
Trump’s Saturday Night Massacre Is Happening Right Before Our Eyes – Politico Magazine
More bread crumbs for Mueller to follow – The Washington Post
Nunes memo aims at Russia probe, backfires on Trump and GOP – USA Today
Is Devin Nunes Obstructing Justice? – The New York Times
Impediments to Firing Mueller
Could President Trump fire Robert Mueller? He may try but it won't be easy. – USA Today
The Four Threats to Robert Mueller – The New York Times
Other
Bob Mueller Is Not Playing Around – Politico Magazine
Manafort Indictment is Bad News for Trump – The New York Times
Poll Summaries
Public Events
Webinar: All the President’s Men? Sessions, Mueller and the Rule of Law, July 31, 2017
Inside the Russia Investigations: How Congress and the Special Counsel Work in Parallel, September 25, 2017
Pardon the Disruption: The Reach, Limits and Effect of Executive Clemency, October 25, 2017
Democratic Deterioration at Home and Abroad, November 6, 2017
Obstruction of Justice Law: Preventing Interference in Investigations, December 12, 2017
Crossing the Rubicon: President Trump’s Escalating Threats to the Russia Investigation, April 13, 2018
Hearing Testimony Questions
Questions for Deputy Attorney General Rod Rosenstein December 13, 2017, Hearing before the House Judiciary Committee (Dec. 13, 2017)
Questions for FBI Director Christopher Wray December 7, 2017, Hearing before the House Judiciary Committee (Dec. 7, 2017)
Questions for Attorney General Jeff Sessions November 14, 2017, Hearing before the House Committee on the Judiciary (Nov. 14, 2017)
ACSblog Posts Related to the Russia Investigation
Russian Indictment and Extradition – Daniel Goldman
Mueller Will Face Tough Choices If He Finds Trump Broke the Law – Dan Froomkin
Comey's Answers to the Right Questions Could Take Us Into Impeachment Territory – Dan Froomkin
If the Rumors are True: President Trump and the Firing of Bob Mueller – Steve Vladeck
Irresponsible to attack Mueller for exceeding his mandate? – Renato Mariotti
Another Saturday Night Massacre? – Caroline Fredrickson
No Red Line: Mueller Will Follow the Money – Barb McQuade
Plan A and Plan B If Donald Trump Fires Special Counsel Bob Mueller – Dan Froomkin
Let’s Recap: Why Trump Can't Easily Remove Mueller—and What Happens If He Tries – Conor Shaw
Obstruction of Justice Case Against Trump Only Scratches the Surface – Barb McQuade
Did President Trump Obstruct Justice? – Barry H. Berke, Noah Bookbinder, Norman Eisen
#Nothingburger Memo – Caroline Fredrickson
#TrumpUnderOath – Caroline Fredrickson
The Smear Campaign Against Mueller: Debunking the Nunes Memo and the Other Attacks on the Russia Investigation – Conor Shaw
Paul Manafort’s Many-Flawed Challenge to Prosecutorial Authority – Peter Shane
Sorting Out Bannon’s Claim of Executive Privilege – Steven D. Schwinn
Mueller's Big Reveal Is Coming, and it Could Be Huge – Dam Froomkin
Russian Indictment and Extradition – Daniel S. Goldman
State Prosecutions After Trump Pardons - Mueller's Plan B? – A.H. Neff
Mueller's Big Reveal Is Coming, and it Could Be Huge – Dan Froomkin
Michael Cohen Tests The Limits Of Attorney-Client Privilege – A.H. Neff
A Long Winding Path to Rosenstein’s Replacement – Victoria Bassetti
In Re the Cohen Raid: The Attorney-Client Privilege & Crime Fraud Exception – Andy Wright
Nobody is above the law, not even the President – Sarah Mahmood and Sophia Carrillo
Affirming the Rule of Law – Caroline Fredrickson
Firing Mueller Is Only the First Step – Alan Morrison
Rod Rosenstein’s client is not the president. It is the people. – Barb McQuade
A Slow-Motion Saturday Night Massacre – Caroline Fredrickson
From Russia With Love: More Questions for Congress (Part I – Election Security) – A.H. Neff
From Russia With Love: More Questions for Congress (Part II – Mueller Probe) – A.H. Neff
Investigating the Investigators – Caroline Fredrickson
The Special Counsel, Morrison v. Olson, and the Dangerous Implications of the Unitary Executive Theory – Victoria Nourse