The US is still not prepared for inevitable Russian attacks on its elections, the former special counsel Robert Mueller, who investigated Russian interference in 2016 and links between Donald Trump and Moscow, warns in a new book.
“It is … evident that Americans have not learned the lessons of Russia’s attack on our democracy in 2016,” Mueller writes in a preface to Interference: The Inside Story of Trump, Russia and the Mueller Investigation by Aaron Zebley, James Quarles and Andrew Goldstein, prosecutors who worked for Mueller from 2017 to 2019.
Mueller continues: “As we detailed in our report, the evidence was clear that the Russian government engaged in multiple, systematic attacks designed to undermine our democracy and favor one candidate over the other.”
That candidate was Trump, the Republican who beat the Democrat, Hillary Clinton, for the White House.
“We were not prepared then,” Mueller writes, “and, despite many efforts of dedicated people across the government, we are not prepared now. This threat deserves the attention of every American. Russia attacked us before and will do so again.”
Interference will be published in the US next week. The Guardian obtained a copy.
Zebley, Quarles and Goldstein tell the story of the Mueller investigation, from its beginnings in May 2017 after Trump fired the FBI director, James Comey, to its conclusion in March 2019 with moves by William Barr, Trump’s second attorney general, to obscure and dismiss Mueller’s findings.
Mueller did not establish collusion between Trump and Moscow but did initiate criminal proceedings against three Russian entities and 34 people, with those convicted including a Trump campaign manager, Paul Manafort, who was jailed. Mueller also laid out 10 instances of possible obstruction of justice by Trump. Though he did not indict Trump, citing justice department policy regarding sitting presidents, Mueller said he was not clearing him either.
Mueller now says Zebley, Quarles and Goldstein “care deeply about the rule of law and know the importance of making decisions with integrity and humility”, adding: “These qualities matter most when some refuse to play by the rules, and others are urging you to respond in kind.”
The FBI director from 2001 to 2013, Mueller was 72 and widely admired for his rectitude when he was made special counsel. His former prosecutors describe a White House meeting preceding that appointment. In an atmosphere of high tension, Mueller made his entry “via a warren of passages beneath the Eisenhower Executive Office Building”, thereby avoiding the press. Trump, who wanted Mueller to return as FBI director, “did most of the talking” but though he praised Mueller richly, Mueller declined the offer. As the authors write, Trump “would later claim that Bob came to the meeting asking to be FBI director”, and that Trump “turned him down”.
“This was false,” the prosecutors write.
Soon after the White House interview, the New York Times reported memos kept by Comey about Trump’s request to shut down an investigation of Michael Flynn, the national security adviser who resigned after lying about contacts with the Russian ambassador. Soon after that, Mueller was appointed special counsel.
Trump escaped punishment arising from Mueller’s work but did lose the White House in 2020, when he was beaten by Joe Biden. Zebley, Quarles and Goldstein’s book arrives as another election looms, with Trump in a tight race with the vice-president, Kamala Harris, and shortly after US authorities outlined how pro-Trump influencers were paid large sums by Russia. On Tuesday, a new threat intelligence report from Microsoft said Russia was accelerating covert influence efforts against Harris.
US presidential elections are often the subject of “October surprises”, late-breaking scandals which can tilt a race. In 2016, October brought both Trump’s Access Hollywood scandal, in which he was recorded bragging about sexual assault, and the release by WikiLeaks of Democratic emails hacked by Russia.
In Interference, Zebley, Quarles and Goldstein tell how the Mueller team came to its conclusion that Russia boosted Trump in 2016. They also detail attempts to interview Trump that were blocked by his attorneys, Rudy Giuliani among them. Describing how the former New York mayor betrayed a promise to keep an April 2018 meeting confidential, speaking openly if inaccurately to the press, the authors say Mueller “decided he would never again meet or speak with Giuliani – and he never did. For Bob it was a matter of trust.”
More than six years on, Giuliani faces criminal charges arising from his work to overturn Trump’s 2020 defeat, as well as costly civil proceedings. Trump also faces civil penalties and criminal charges, having been convicted on 34 counts in New York over hush-money payments made before the 2016 election.
Though Zebley, Quarles and Goldstein focus on the Russia investigation, in doing so they voice dismay regarding the US supreme court, to which Trump appointed three rightwing justices and which has this year twice cast his criminal cases into doubt.
The authors describe how Mueller’s team decided not to subpoena Trump for in-person testimony, given delays one Trump attorney said would result from inevitable “war” on the matter. Looking ahead, the authors consider new supreme court opinions that will shape such face-offs in future.
Fischer v United States, the authors say, narrows the scope of the obstruction of justice statute “that was the focus of volume II of our report”. More dramatically, in Trump v United States, the court held “that a president has absolute immunity from criminal prosecution when carrying out ‘core’ constitutional functions … and has ‘presumptive’ immunity for all ‘official actions’”.
Though the court ruled a president was not immune for “unofficial actions”, Zebley, Quarles and Goldstein warn that it nonetheless “sharply limited the areas of presidential conduct that can be subject to criminal investigation – permitting a president to use his or her power in wholly corrupt ways without the possibility of prosecution”.
