Congressional Investigations

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ACS-CREW report: The Smear Campaign Against Mueller: Debunking the Nunes Memo and the Other Attacks on the Russia Investigation

Authors 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.

Download a summary of the report here. Read more below:

ACSblog: #Nothingburger Memo by Caroline Fredrickson

USA Today: Nunes memo aims at Russia probe, backfires on Trump and GOP, opinion by Noah Bookbinder, Norm Eisen and Caroline Fredrickson, Feb. 3, 2018

Washington Post: The Daily 202: Why Trump is so eager to release the Nunes memo, Feb. 1, 2018

Washington Post and Salt Lake Tribune: Jennifer Rubin: More bread crumbs for Mueller to follow, Feb. 1, 2018 

Politico Magazine: “Trump’s Saturday Night Massacre Is Happening Right Before Our Eyes, opinion by Noah Bookbinder, Norm Eisen and Caroline Fredrickson, Jan. 31, 2018 

New York Times: Is Devin Nunes Obstructing Justice?, Caroline Fredrickson, Norm Eisen, and Laurence H. Tribe

MSNBC: NYT: Is Devin Nunes Obstructing Justice?, Caroline Fredrickson is interviewed by Chris Hayes regarding the Nunes memo and the topic of her New York Times opinion piece. Feb. 12, 2018

ABA Journal: Is Devin Nunes helping Trump obstruct justice? Legal experts make the argument, coverage of the Eisen, Fredrickson, and Tribe opinion piece. Feb. 13, 2018. 

Argument for Immunity for Flynn

Trump Is Right: Give Michael Flynn Immunity, The New York Times


Need for Congressional Oversight

After Comey Firing, Congress Must Stand Up to Trump, USA Today

ACSblog: Demanding the Facts: Resolution of Inquiry into Conflicts of Interest, Ethics Violations and Russia Ties Voted Down in Party-Line Vote

ACSblog: We Can't Count on Robert Mueller to Tell Us What We Need to Know


Benchmarks for Effective Congressional Oversight

Benchmarks for Congressional Investigations into Russian Interference with U.S. Elections and Related Matters

 ACSblog: Benchmarks Provide Sound Guidance on Conducting Credible Congressional Oversight


How Congress and the Special Counsel Work in Parallel

ACSblog: Inside the Russia Investigations: How Congress and the Special Counsel Work in Parallel


Funding for Congressional Investigations

ACSblog: Following the Money on Senate Russia Investigations


Guide to the Different Russia Investigations

ACSblog: A Consumer's Guide to the Trump-Russia Investigations

ACSblog: #NothingBurger Memo by Caroline Fredrickson

What to Watch as Jeff Sessions Testifies About Russia Contacts, The New York Times

How to Find a Smoking Gun in the Russia Investigation, Politico

What to know about the shadowy Nunes memo | Barbara McQuade, Detroit Free Press