Paul Manafort was found guilty on eight felony counts and Flynn pleaded guilty to lying to the investigation.
p. 120 – 134
Potential obstructive act: “The President’s actions towards witnesses in the Special Counsel’s investigation would qualify as obstructive if they had the natural tendency to prevent particular witnesses from testifying truthfully, or otherwise would have the probable effect of influencing, delaying, or preventing their testimony to law enforcement.”
“When Flynn’s attorneys withdrew him from a joint defense agreement with the President, signaling that Flynn was potentially cooperating with the government, the President’s personal counsel initially reminded Flynn’s counsel of the President’swarm feelings towards Flynn and said ‘that still remains.’ But when Flynn’s counsel reiterated that Flynn could no longer share information under a joint defense agreement, the President’s personal counsel stated that the decision would be interpreted as reflecting Flynn’s hostility towards the President. That sequence of events could have had the potential to affect Flynn’s decision to cooperate, as well as the extent of that cooperation. Because of privilege issues, however, we could not determine whether the President was personally involved in or knew about the specific message his counsel delivered to Flynn’s counsel.”
“With respect to Manafort, there is evidence that the President’s actions had the potential to influence Manafort’s decision whether to cooperate with the government. The President and his personal counsel made repeated statements suggesting that a pardon was a possibility for Manafort, while also making it clear that the President did not want Manafort to ‘flip’ and cooperate with the government.” Trump also repeatedly mentioned the unfairness of Manfort’s treatment.
“Two days later, the President’s personal counsel stated that individuals involved in the Special Counsel’s investigation could receive a pardon ‘if in fact the [P]resident and his advisors.. . come to the conclusion that you have been treated unfairly’- using language that paralleled how the President had already described the treatment of Manafort. Those statements, combined with the President’s commendation of Manafort for being a ‘brave man’ who ‘refused to “break,” suggested that a pardon was a more likely possibility if Manafort continued not to cooperate with the government. And while Manafort eventually pleaded guilty pursuant to a cooperation agreement, he was found to have violated the agreement by lying to investigators.”
Nexus to an official proceeding: “The President’s conduct towards Flynn~ principally occurred when both were under criminal investigation by the Special Counsel’s Office and press reports speculated about whether they would cooperate with the Special Counsel’s investigation. And the President’s conduct towards Manafort was directly connected to the official proceedings involving him. The President made statements about Manafort and the charges against him during Manafort’s criminal trial. And the President’s comments about the prospect of Manafort ‘flipping’ occurred when it was clear the Special Counsel continued to oversee grand jury proceedings.”
Intent: “Evidence concerning the President’s intent related to Flynn as a potential witness is inconclusive. As previously noted, because of privilege issues we do not have evidence establishing whether the President knew about or was involved in his counsel’s communications with Flynn’s counsel stating that Flynn’s decision to withdraw from the joint defense agreement and cooperate with the government would be viewed as reflecting ‘hostility’ towards the President.”
“Evidence concerning the President’s conduct towards Manafort indicates that the President intended to encourage Manafort to not cooperate with the government. President intended Manafort to believe that he could receive a pardon, which would make cooperation with the government as a means of obtaining a lesser sentence unnecessary.”