This is an FBI investigation document from the Epstein Files collection (FBI VOL00009). Text has been machine-extracted from the original PDF file. Search more documents →
FBI VOL00009
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25 pages
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32 MICHAEL WOLFF SIEGE 3: gain a majority greater than the one the Republicans held now. Except, unlike the Republicans, theirs would be a unified party—or at least one that was unified against Donald Trump. Ryan and Stivers were hardly the only ones seeing such a result. Mitch McConnell was telling donors not to even bother contributing to House races. The money should go to the Senate campaign, where prospects for holding the Republican majority were significantly brighter. This was, for Donald Trump, in Bannon's view, the most desperate moment in his political career, arguably even worse than the revelation of the Access Hollywood grab-them-by-the-pussy tape. He was already on the ropes legally, with Mueller and the Southern District bearing down; now, looking at a likely wipeout in the midterm elections, he was in seri- ous political jeopardy as well. But Bannon's usual ebullience quickly returned. As he talked his way out of his funk, he became nearly joyful. If the establishment— Democrats, Republicans, moderate thinkers of every sort—believed that Donald Trump needed to be run out of town, then Bannon relished the prospect of defending him. For Bannon, this was the mission, but it was also sport. Bannon thrived on the possibility of upset. His own leap to the world stage had come because the Trump campaign was so deep in hopelessness that he was allowed to take it over. Then, on Novem- ber 9, 2016, against all odds and expectations, Trump, riding Bannon's campaign—with Bannon's primacy soon one of the bitterest pills for Trump to swallow—won the presidency. Now, even with almost every indicator for the November elections looking bleak, Bannon believed he could yet see how Republican losses could be held to under the twenty- three seats needed to save the House majority. Still, it was going to be a grinding fight. 'When Trump calls his New York friends after dinner and whines that he doesn't have a friend in the world, he's kind of right," said a mordant Bannon. Bannon viewed the case against Donald Trump as both inherently political—his enemies willing to do whatever it took to bring him down— and essentially true. He had little doubt that Trump was guilty of most of what he was accused of. "How did he get the dough for the primary and then for the general with his 'liquidity' issues?" asked Bannon with hi hands out and his eyebrows up. "Let's not dwelt" But for Bannon there were two sides in American politics—not s' much right and left, but right brain and left brain. The left brain wa represented by the legal system, which was empirical, evidentiary, am methodical; given the chance, it would inevitably and correctly convic Donald Trump. The right side was represented by politics, and therefor by voters who were emotional, volatile, febrile, and always eager to throt the dice. "Get the deplorables fired up"—he slapped his hands in thunder clap effect—"and we'll save our man:" Almost a year and a half on, all of the issues of 2016 remained a powerful and raw as ever: immigration, white man's resentment, and th liberal contempt for the working—or out-of-work—white man. The yea 2018 was, for Bannon, the real 2016: the deplorable base had become th deplorable nation. "It's civil war," Bannon said, a happy judgment he ofte repeated. The most resonant issue was Donald Trump himself: the people wh elected him would be galvanized by the effort to take him from then Bannon was horrified by mainstream Republican efforts to run the corn ing election on the strength of the recent Republican tax cut. Are yo kidding? Oh my fucking god, are you kidding?" This election was abot the fate of Donald Trump. "Let's have a do-over election. That's what the libs want. They ca have it. Let's do it. Up or down, Trump or no Trump:' Impeachment was not to be feared, it was to be embraced. "That what you're voting for: to impeach Donald Trump or to save him fro; impeachment:' The legal threat, however, might be moving faster than the electioi And to Bannon—who knew more about the president's hankerings, moo swings, and impulse-control issues than almost anyone—you could m have produced a needier or more hapless defendant. * ♦ * Since coming aboard in the summer of 2017, the president's legal team- Dowd, Cobb, and Sekulow—had delivered the message their client insistc EFTA00316532
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34 MICHAEL WOLFF SIEGE 35 upon hearing, that he was not a target and would shortly be exonerated. But the lawyers went even further with their feel-good strategy. Presidents, faced with hostile investigations by the other coequal branches of government, Congress and the judiciary, invariably cite exec- utive privilege both as a legitimate principle and as a dilatory tactic. It's a built-in bargaining chip. But Trump's lawyers, hoisted by how often they had to assure the president that he had nothing to fear, supported their confident assessment, to Trump's delight, by dispensing with any claim of executive privilege and willingly satisfying all the special counsel's requests. Trump, in all his dodginess, had become an open book. What's more, Trump himself, ever believing in the force and charm of his own personality, was, with his attorneys' apparent assent, eager to testify. And yet, Bannon knew, it was still much worse. The president's law- yers had sent more than 1.1 million documents to the special counsel, aided by only a scant document production team. It was just Dowd, Cobb, and two inexperienced assistants. In major litigations, docu- ments are meticulously logged and cross-referenced into elaborate and efficient database systems. Here, they shipped over much of the material merely as attachments, and kept minimal or no records of what exactly had been sent. Few in the White House knew what they had given up and thus what the special counsel had. And the haphazard approach didn't stop there. Dowd and Cobb neither prepared many of the witnesses who had worked for the White House in advance of their testimony to Mueller's team nor debriefed them after they testified. Bannon was overcome by the hilarity and stupidity of this what-me- worry approach to federal prosecutors whose very reputations depended on nailing the president. Trump needed a plan—which, of course, Ban- non had. Bannon swore that he did not want to go back into the White House. He wouldn't ever, he said. The humiliations of working in Trump's admin- istration had almost destroyed Bannon's satisfaction at having risen so miraculously to the top of the world. Some, however, were not convinced by his protestations. They believed that Bannon actively fantasized that he would be brought back into the West Wing to save Trump—and that, not incidentally, this would be his ultimate revenge on Trump, saving him yet again. Bannon certainly believed that he was the only one who could pull off this difficult rescue, a reflection of his conviction that he was the most gifted political strategist of his time, and of his view that Trump was surrounded by only greater and lesser lummoxes. Trump, Bannon believed, needed a wartime consigliere. And if, he mused, Jared and Ivanka were finally sent packing ... But no, he insisted, not even then. Moreover, Trump would not be able to tolerate it. Bannon under- stood that only Trump could save the day, or at least that Trump believed only he could save the day. No other scenario was possible. He would rather lose, would rather even go to jail, than have to share victory with someone else. He was psychologically incapable of not being the focus of all attention. In the end, it was easier and more productive to give Trump advice at a distance than up close. It was a safer play to do what needed to be done without Trump himself actually being involved with, or even aware of, what was being done. The morning Ryan announced his retirement from the House, Ban- non was particularly eager to send some advice Trump's way. Setting up a deft bank shot, he invited Robert Costa, a reporter for the Washington Post, to visit him at the Embassy. Bannon spent a good part of every day talking to reporters. On some days, perhaps most days, his blind-quote voice—hidden behind a famil- iar attribution such as "this account is drawn from interviews with cur- rent and former officials"—crowded out most other voices on the subject of whatever new crisis was engulfing the Trump administration. These quotes functioned as something like a stage whisper that Trump could pretend he didn't hear. Trump, in fact, was always desperately seeking Bannon's advice, though only if there was the slightest pretext for believ- ing that it came from some place other than Bannon. Indeed, Trump was quite willing to hear Bannon say something in this or that interview and then claim he had thought of it himself. Costa sat at Bannon's dining-room table for two hours, taking down Bannon's prescription for how to save Trump from himself. EFTA00316533
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36
MICHAEL WOLFF
SIEGE
37
Trump's stupidity, said Bannon, could sometimes be made into a vir-
tue. Here was Bannon's idea: the president should make a retroactive claim
of executive privilege. I didn't know. Nobody told me. I was ill-advised.
It was hard not to see Bannon's satisfaction in a prostrate Trump
admitting to his own lack of guile and artfulness.
Bannon understood that this claim of retroactive executive privilege
would have no chance of success—nor should it. But the sheer audacity
of it could buy them four or five months of legal delay. Delay was their
friend, possibly their only friend. They could work this claim of retroac-
tive executive privilege, no matter how loopy, all the way to the Supreme
Court.
For this plan to work, the president would have to get rid of his inept
lawyers. Oh, and he would also have to fire Rod Rosenstein, the deputy
attorney general who was overseeing the Mueller investigation. Bannon
had been against the firing of Comey, and in the months after the appoint-
ment of the special counsel, he had fought the president's almost daily
impulse to fire Mueller and Rosenstein, seeing this as the surest invitation
to impeachment. ("Just don't pay attention to his crazy shit," he had urged
everyone around the president.) But now they had run out of options.
'iring Rosenstein is our only way out of here," Bannon told Costa.
1 don't come to this lightly. As soon as they went to Cohen—that's what
they do in Mob prosecutions to get a response from the true target. So
you can sit there and get bled out—get indicted, go to grand juries—or
you can fight it politically. Get it out of the law-and-order system where
we are losing and are going to lose. A new DAG will review where we
stand on this thing, which could take a couple of months. Delay, delay,
delay—and shift it politically. Can we win? I have no fucking idea. But I
know on that other paths going to lose. It's not perfect ... but we live
in a world of imperfect."
* * *
Costa's story, which was posted online later that day, described Bannon as
"pitching a plan to West Wing aides and congressional allies to cripple the
federal probe into Russian interference in the 2016 election, according
to four people familiar with the discussions." But however many people
Costa had spoken to about the background machinations of Steve Ban-
non, what mattered was that he had spoken directly and at length to
Bannon himself, who was using the Washington Post to pitch a plan to
the president.
Bannon's three-part plan for Trump instantly made its way to the
Oval Office. And the next morning, the president offered Kushner his
view that he should fire Rosenstein, reinstate a claim of executive privi-
lege, and get a tough-guy lawyer.
Kushner, pressing his own strategies, urged his father-in-law to move
cautiously when it came to Rosenstein.
"Jared is spooked," said a scornful Trump later that day while on the
phone to a confidant. "What a girl!"
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SIEGE 39 3 LAWYERS T here was a running sweepstakes or office pool for the unhappiest person in the White House. Many had held the title, but one of the most frequent winners was White House counsel Don McGahn. He was a constant target for his boss's belittling, mocking, falsetto-voice mimicry, and, as well, sweeping disparagements of his purpose and usefulness. "This is why we can't have nice things," McGahn uttered almost obses- sively under his breath, quoting the Taylor Swift song to comment on whatever egregious act Trump had just committed C... because you break them," the song continues). McGahn's background was largely as a federal election lawyer. Mostly he was on the more-money, less-transparency side—he was against, rather than for, aggressive enforcement of election laws. He served as the counsel to the Trump campaign, arguably among the most careless about election law compliance in recent history. Before joining the Trump administra- tion, McGahn had no White House or executive branch experience. He had never worked in the Justice Department or, in fact, anywhere in gov- ernment. Formerly an attorney for a nonprofit affiliated with the Koch brothers, he was known as a hyperpartisan: when Obama's White House counsel, Kathy Ruemmler, the previous occupant of McGahn's office, reached out to congratulate him and to offer to be a resource on past prac- tices, McGahn did not respond to her email. One of McGahn's jobs was to navigate what was possibly the most complicated relationship in modern government: he was the effective point person between the White House and the Department of Justice. Part of his portfolio, then, was to endure the president's constant rage and bewilderment about why the DOJ was personally hounding him, and his incomprehension that he could do nothing about it. "It's my Justice Department," Trump would tell McGahn, often repeat- ing this more than dubious declaration in his signature triad. Nobody could quite be certain of the number of times McGahn had had to threaten, with greater or lesser intention, to quit if Trump made good on his threat to fire the attorney general, the deputy attorney gen- eral, or the special counsel. Curiously, one defense against the charge that the president had tried to fire Mueller in June 2017 in an effort to end the special counsel's investigation—as the New York Times claimed in a Jan- uary 2018 scoop—was the fact that Trump was almost constantly trying to fire Mueller or other DOJ figures, doing so often multiple times a day. McGahn's steadying hand had so far helped avert an ultimate crisis But he had missed or let slip by or simply ignored a number of intemper- ate, unwise, and interfering actions by the president that might, McGahn feared, comprise the basis of obstruction charges. Deeply involved with the conservative Federalist Society and its campaign for "textualist" judges McGahn had long dreamed himself of becoming a federal judge him- self, but given the no-man's-land he occupied between Trump and the Justice Department—not to mention Trump's sometimes daily attacks or the DOJ's independence, which McGahn had to accept or condone—he knew his future as a jurist was dead. * • * Fifteen months into Trump's tenure, the tensions between the administra. tion and the Department of Justice had erupted into open conflict. Now was war—the White House against its own DOJ. Here was a modern, post-Watergate paradox: the independence o the Justice Department. The DOJ might be, from every organizationa and statutory view, an instrument of the White House, and, as much a! any other agency, its mission might appear to be driven by whoever hele EFTA00316535
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40 MICHAEL WOLPF SIEGE 41 the presidency. That's what it looked like on paper. But the opposite was true, too. There was a permanent-government class in the Justice Depart- ment that believed an election ought to have no role at all in how the DOJ conducted itself. The department was outside politics and ought to be as blind as the courts. In this view, the Justice Department, as the nation's preeminent investigator and prosecutor, was as much a check on the White House, and ought to be as independent of the White House, as the other branches of government. (And within the Justice Department, the FBI claimed its own level of independence from its DOJ masters, as well as from the White House itself.) Even among those at Justice and the FBI who had a more nuanced view, and who recognized the symbiotic nature of the department's rela- tionship with the White House, there was yet a strong sense of the lines that cannot be crossed- The Justice Department and the FBI had, since Watergate, found themselves accountable to Congress and the courts. Any top-down effort to influence an investigation, or any evidence of having bowed to influence—memorialized in a memo or email—might derail a career. In February 2018, Rachel Brand, the associate attorney general, a for- mer Bush lawyer who had been nominated for the number three DOJ job by Obama, resigned to take a job as a Walmart lawyer. If Trump had fired Rosenstein during Brand's tenure, she would have become acting attorney general overseeing the Mueller investigation. She told col- leagues she wanted to get out before Trump fired Rosenstein and then demanded that she fire Mueller. She would take Bentonville, Arkansas, where Walmart had its headquarters, over Washington, D.C. For a generation or more, the arm's-length relationship between the White House and the Department of Justice often seemed more like a never-ending conflict between armed camps. Bill Clinton could hardly stomach his attorney general, Janet Reno, having to weather the blowback from her decisions regarding Ruby Ridge, a standoff and deadly overre- action between survivalists and the FBI; Waco, another botched standoff with a Christian cult; and the investigation of Dr. Wen Ho Lee, with the DOJ chastised for its reckless pursuit of a suspected spy. Clinton came very close to firing Louis Freeh, his FBI director, who openly criticized him, but managed to swallow his rage. Top people from the Bush White House, the FBI, and the Justice Department almost came to literal blows at the bedside of the ailing AG John Ashcroft—James Comey himself standing in the way of the White House representatives trying to get Ash- croft to renew a domestic surveillance program—with the White House finally having to back down. Under Obama, Comey, who by then was the FBI director, made a further grab for the FBI's independence from the Justice Department when he unilaterally decided to end and later reopen the Hillary Clinton email investigation—and, by doing so. arguably toss- ing the election to her opponent. Enter Donald Trump, who had neither political nor bureaucratic experience. His entire working life was spent at the head of what was in essence a small family operation, one designed to do what he wanted and to bow to his style of doing business. At the time of his election, he was absent even any theoretical knowledge of modern government and its operating rules and customs. Trump was constantly being lectured about the importance of cus- tom and tradition" at the Justice Department. As reliably, he would respond, "I don't want to hear this bullshit!" He needed, one aide observed, "a hard, black line. Without a hard, black line that he can't cross, he's crossing it." Trump believed what to him seemed obvious: the DOJ and FBI worked for him. They were under his direction and control. They must do exactly what he demanded of them; they must jump through his hoops. "He reports to me!" an irate and uncomprehending Trump repeated early in his tenure about both his attorney general Jeff Sessions and his FBI director James Comey. "I am the boss!" "I could have made my brother the attorney general; Trump insisted, although in fact he did not even speak to his brother (Robert, a seventy- one-year-old retired businessman). "Like Kennedy" (Six years after John F. Kennedy appointed his brother Robert attorney general, Congress passed the Federal Anti-Nepotism Statute, called the "Bobby Kennedy law; to prevent exactly this sort of thing in the future—although that did not stop Trump from hiring his daughter and son-in-law as senior advisers.) EFTA00316536
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