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.

 

ACS-CREW Reports

Background and Context for Mueller Indictment from ACS-CREW Presidential Investigation Education Project

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

Today's talker: Paul Manafort's alleged witness tampering doesn't bode well for his case.. or Trump’s– USA Today

Bob Mueller Is Not Playing Around – Politico Magazine

Manafort Indictment is Bad News for Trump – The New York Times

Poll Summaries

September Poll Summary

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 Michael Horowitz, Inspector General, U.S. Department of Justice June 19, 2018, the Joint Hearing before the House Judiciary Committee and House Committee on Oversight and Government Reform (June 17, 2018)

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