Page:Report On The Investigation Into Russian Interference In The 2016 Presidential Election.pdf/329

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U.S. Department of Justice

Attorney Work Product // May Contain Material Protected Under Fed. R. Crim. P. 6(e)

In response, McGahn acknowledged that he had not told the President directly that he planned to resign, but said that the story was otherwise accurate.[1] The President asked McGahn, "Did I say the word 'fire’?"[2] McGahn responded, "What you said is, "Call Rod [Rosenstein], tell Rod that Mueller has conflicts and can't be the Special Counsel.'"[3] The President responded, "I never said that."[4] The President said he merely wanted McGahn to raise the conflicts issue with Rosenstein and leave it to him to decide what to do.[5] McGahn told the President he did not understand the conversation that way and instead had heard, "Call Rod. There are conflicts. Mueller has to go."[6] The President asked McGahn whether he would "do a correction," and McGahn said no.[7] McGahn thought the President was testing his mettle to see how committed McGahn was to what happened.[8] Kelly described the meeting as "a little tense."[9]

The President also asked McGahn in the meeting why he had told Special Counsel's Office investigators that the President had told him to have the Special Counsel removed.[10] McGahn responded that he had to and that his conversations with the President were not protected by attorney-client privilege.[11] The President then asked, "What about these notes? Why do you take notes? Lawyers don't take notes. I never had a lawyer who took notes."[12] McGahn responded that he keeps notes because he is a "real lawyer" and explained that notes create a record and are not a bad thing.[13] The President said, "I've had a lot of great lawyers, like Roy Cohn. He did not take notes.'"[14]

After the Oval Office meeting concluded, Kelly recalled McGahn telling him that McGahn and the President "did have that conversation" about removing the Special Counsel.[15] McGahn recalled that Kelly said that he had pointed out to the President after the Oval Office that McGahn


  1. McGahn 3/8/18 302, at 4.
  2. McGahn 3/8/18 302, at 4; Kelly 8/2/18 302, at 2.
  3. McGahn 3/8/18 302, at 5.
  4. McGahn 3/8/18 302, at 5.
  5. McGahn 3/8/18 302, at 5.
  6. McGahn 3/8/18 302, at 5.
  7. McGahn 3/8/18 302, at 5; Kelly 8/2/18 302, at 2.
  8. McGahn 3/8/18 302, at 5.
  9. Kelly 8/2/18 302, at 2.
  10. McGahn 3/8/18 302, at 5.
  11. MeGahn 3/8/18 302, at 5.
  12. McGahn 3/8/18 302, at 5. McGahn said the President was referring to Donaldson's notes, which the President thought of as McGahn's notes. McGahn 3/8/18 302, at 5.
  13. McGahn 3/8/18 302, at 5.
  14. McGahn 3/8/18 302, at 5.
  15. Kelly 8/2/18 302, at 2.

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