“There’s interviews scheduled in December,” Dowd said. “And frankly, they’re all favorable to the president so we’re going to let them go.”
Kelly asked Dowd, “Where’d you find this fucking friend Ty?” Cobb had started off on the wrong foot with Kelly, going behind the chief of staff’s back to the president to get an office in the West Wing. He told Cobb, “Don’t you ever go behind my fucking back again.”
Dowd assured the president that their strategy of dealing with Mueller was “to cooperate and grind them down until we had a 3D picture of what was in their heads.” Based on this picture and the cooperation of 37 witnesses and all the documents turned over, he repeated several times, “I don’t see a case.”
Under Article II of the Constitution, Dowd explained to him, the president solely ran the executive branch. And all of his actions, particularly pertaining to Comey, were within those powers. “I will never tell you that your instincts are wrong about these guys and what they’re up to. We’ve been treated very nicely. But we treated them very nicely.”
* * *
In December a story ran in the German financial daily Handelsblatt saying the Mueller investigation had subpoenaed records from Deutsche Bank, the largest in Germany, and the primary lender to Trump.
The president called Dowd at 7 a.m. He was furious.
“I know my relationships with Deutsche Bank,” he said. He maintained the bank loved him and always got paid. “I know what I borrowed, when I borrowed, when I paid it back. I know every goddamn one.” He could recall whom he had dealt with and other details with specificity. “I’m telling you, this is bullshit!”
Dowd pushed Quarles. “Hey, Jim, there’s no secrets here. This is bullshit.”
A conference call was scheduled with lawyers from all the relevant law firms. Everyone sounded like they were talking in code.
“Look, would you please,” Dowd said. “My guy does not talk in code.”
Finally Quarles reported, “There’s nothing there. We had subpoenas to Deutsche Bank way back in the summertime, but it doesn’t involve the president or his finances.”
At 10 a.m. on December 21, Dowd went to see Mueller in an attempt to turn the tables. Often the best defense was to go on the offense.
“All the records have been produced,” Dowd said. “All the witnesses have been interviewed except one or two. The entire inquiry appears to be the product of a conspiracy by the DNC, Fusion GPS—which did the Steele dossier—and senior FBI intelligence officials to undermine the Trump presidency. The failure to investigate Comey’s role precipitating the inquiry is a travesty. Comey’s aberrant and dishonorable conduct demands scrutiny.” The Justice Department Inspector General was investigating Comey’s actions in the Clinton email case. “Kicking the can to the IG undermines confidence in your inquiry,” Dowd claimed.
Mueller did not reply.
* * *
Mueller and Quarles kept pushing. They wanted to interview the president. On January 8, 2018, Mueller dictated a list of 16 topics they wanted to ask. Nearly all dealt with Flynn, Comey or Sessions.
Dowd advised the president that list was not specific. “What I’d like to do is I’d like to push it even further so you have a better picture. You know, 16 topics, you’re kind of guessing as to what they’re going to ask you.”
“What are you going to do?” Trump asked.
“Well, my idea is we’re going to write him a letter answering these.” They would present the facts as they saw them, and make legal arguments especially about the president’s Article II powers. “And do it like a Supreme Court brief.”
“We’ve given them everything,” Trump insisted. Why wasn’t it enough? He added, “I don’t mind talking to him.”
Dowd and Jay Sekulow spent the next two weeks drafting the letter. Sekulow, a frequent commentator on the Christian Broadcasting Network and Fox News, had represented conservative, religious and antiabortion groups over a 30-year career.
“How you coming?” Trump eventually asked Dowd. “Can I see it?”
Dowd came to the White House residence on Saturday, January 27, 2018, around 1 p.m.
The president gave him a brief tour including the Lincoln Bedroom. “You and I fit in this bed,” he joked.
“We could see ourselves in the mirror,” Dowd joked back.
“If you win this case,” Trump said, “I’ll give you the A tour. Takes hours. In my opinion, this is the most beautiful mansion in the world. There’s nothing like it.”
Trump’s son, Barron, came in with a friend.
“Dad,” Barron said, “he wants his picture taken with you. Is that all right?”
Sure. The picture was snapped.
Trump and Dowd sat at a table with a view of the Washington and Jefferson Memorials.
“I would like to give you sort of a feel of what testimony could be like,” Dowd said. They would do a practice session. “And we’ll talk about a couple of these subjects. Maybe Comey and Flynn. Just lightly. You don’t have to do anything to prepare. Just come in cold.
“I want you to read our letter. I’m ready to sign it, but I will not sign it until you feel good about it. Because it is a major submission. This tells Bob where we are and where we think he is and why you should not—why he doesn’t deserve to ask you questions.
“If the questions seem harmless, don’t treat them that way. And I want you thoroughly focused on listening to the words. I’m not a windy examiner. I like the short, sweet questions. And I like to build it. I’m very patient. And I’ll give you the standard advice—just answer the question. Okay? Got it?”
Yes.
“When did you first learn that there was a problem with General Flynn?”
“I’m not sure. I think when McGahn had talked to Sally Yates. But John, I’m not sure.” Trump said that the acting attorney general had said that Flynn had told the vice president something that wasn’t correct.
“What’d you do about it?”
Trump said he didn’t think he had done anything. “I think Don took ahold of it. And they worked . . .”
“Did you call Flynn in?”
“No.”
“Did you talk to Flynn at all?”
“I don’t know. There’s something in my mind that . . . He and Priebus called me.”
“Well, Mr. President, did you ever ask him if he talked about sanctions with [Russian ambassador] Kislyak?”
“No.”
“Are you sure about that, Mr. President? We have some evidence that there may have been such a conversation. Are you sure about that?”
Dowd was aware that Priebus had given testimony favorable to the president. In one version with Priebus in the room Flynn had said in front of the president that he had never discussed his Kislyak conversations with the president.
Trump wandered off with a long answer that didn’t mean much.
“Look, let’s get back to brass tacks,” Dowd said.
“Oh.”
“Did there come a time when you had to let him go?” Dowd asked about Flynn.
“Yeah.”
“Do you remember how that happened?”
“No. I think he had a letter of resignation. I don’t mind telling you I felt very bad for him. He had his shortcomings, but he was a hell of a nice guy and I admired him. As you know, I love military guys. So that was the recommendation, and that’s what I did.” Priebus and McGahn had recommended that Flynn be fired.
“Did they ever tell you about an FBI interview?”
“I don’t know. I can’t remember.”
Dowd felt that Trump really couldn’t remember. As he asked more questions there was a lot that Trump said he couldn’t remember. He found this understandable, given the demands of the presidency.
So Dowd went back to December 2016, just after the election, and asked more about Flynn. “Well, was he making contact with diplomats, etcetera?”
“I assume he was.”
“Did he talk to Kislyak?”
“You know, I don’t know. I know there were a lot of conversations among the staff. I think I tweeted out some things.”