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Mueller has early draft of Trump letter giving reasons for firing Comey

The White House counsel believed that some of its contents were problematic, according to administration officials.

The New York Times
September 1, 2017 at 10:24PM
FILE- In this June 21, 2017, file photo, former FBI Director Robert Mueller, the special counsel probing Russian interference in the 2016 election, departs Capitol Hill following a closed door meeting in Washington. A grand jury used by Mueller has heard secret testimony from a Russian-American lobbyist who attended a June 2016 meeting with President Donald Trump's eldest son, The Associated Press has learned. (AP Photo/Andrew Harnik, File)
In this June 21, 2017, file photo, former FBI Director Robert Mueller, the special counsel probing Russian interference in the 2016 election, departs Capitol Hill following a closed door meeting in Washington. (The Minnesota Star Tribune)
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WASHINGTON – Special Counsel Robert Mueller has obtained a letter that President Donald Trump and a top political aide drafted in the days before Trump fired the FBI director, James Comey, which explains the president's rationale for why he planned to dismiss the director.

The May letter had been met with opposition from Donald McGahn, the White House counsel, who believed that some of its contents were problematic, according to interviews with a dozen administration officials and others briefed on the matter.

McGahn successfully blocked the president from sending Comey the letter, which Trump had composed with Stephen Miller, one of the president's top political advisers. A different letter, written by the deputy attorney general, Rod Rosenstein, and focused on Comey's handling of the investigation into Hillary Clinton's private e-mail server, was ultimately sent to the FBI director on the day he was fired.

The contents of the original letter appear to provide the clearest rationale that Trump had for firing Comey. It is unclear how much of Trump's rationale focuses on the Russia investigation, although Trump told aides at the time he was angry that Comey refused to publicly say that Trump himself was not under investigation. Comey later said in testimony to Congress that the president was not under investigation.

Mueller is conducting a wide-ranging investigation into Russia and associates of Trump, including whether the president obstructed justice when he dismissed the FBI director.

The Justice Department turned over a copy of the letter to Mueller in recent weeks.

Ty Cobb, a White House lawyer, declined to discuss the letter or its contents.

"To the extent the special prosecutor is interested in these matters, we will be fully transparent with him," he said.

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Miller drafted the letter at the urging of Trump during a weekend in May, when Trump and his team were at the president's private golf club in Bedminster, New Jersey. During that same weekend, as Trump and a small group of aides were in Bedminster devising a rationale for Comey's dismissal, Attorney General Jeff Sessions and Rosenstein were working on a parallel effort to fire Comey.

During testimony before the Senate Judiciary Committee in May, Comey gave the first detailed explanation for his handling of the investigation of Clinton, saying "it makes me mildly nauseous to think that we might have had some impact on the election."

His conduct during the hearing added to concerns held by Sessions and Rosenstein that the FBI director had botched the Clinton investigation and had overstepped the boundaries of his job.

Two days after Comey's testimony, Rosenstein had a meeting with a White House lawyer at the Justice Department, where Rosenstein expressed concern about how the FBI director had handled the Clinton investigation. The White House lawyer relayed the details of the conversation to his bosses at the White House.

Comey was fired May 9.

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about the writers

Michael S. Schmidt

Maggie Haberman

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