Pompeo’s Latest Attempts To Propel Propaganda On Lab Escape Of SARS CoV-2 Suffer Two Epic Swat-Downs

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Recall that back on April 30, I wrote about how the Trump Administration had been orchestrating a propaganda push to claim that SARS CoV-2 was accidentally released from the Wuhan Institute of Virology. Of special importance is that the New York Times article I cited on the topic specifically mentioned Mike Pompeo as one of the primary forces behind pushing the story. Recall also that a part of this propaganda effort came from “leaked” State Department cables.

Apparently, getting called out by the New York Times was not enough to deter Pompeo from this effort. He returned to the airwaves on May 3, telling ABC that there is “enormous evidence” that the virus came from the lab. And then “magically”, but in reality following the aluminum tubes playbook straight out of Cheney’s Iraq WMD playbook, a “report” came into the hands of NBC, who published it May 8. The report purportedly relied on “open source” data to make the case that some sort of accident occurred at the lab in late October, prompting officials to shut down the lab and block roads surrounding it. NBC debunked one aspect of the report in their story, noting that a conference at the lab that the report claims was cancelled in this timeframe actually took place as planned.

Yesterday, Erin Banco and colleagues at Daily Beast published what can only be described as one of the most epic slap-downs of fake intelligence I’ve ever seen. Please go read the piece in full, because summarizing cannot properly capture its full glory.

The dissection of the false intelligence in the report begins with work done by Jeffrey Lewis (one of the best follows on Twitter at @ArmsControlWonk), who utterly destroyed the report’s claims regarding satellite data:

What’s more, imagery collected by DigitalGlobe’s Maxar Technologies satellites and provided to The Daily Beast reveals a simpler, less exotic reason for why analysts believed “roadblocks” went into place around the lab after the supposed accident: road construction. The Maxar images also show typical workdays, with normal traffic patterns around the lab, after the supposedly cataclysmic event.

“This is an illustrated guide on how not to do open source analysis,” said Jeffrey Lewis, director of the East Asia Nonproliferation Program at the Center for Nonproliferation Studies, who analyzed the MACE report for The Daily Beast. “It is filled with apples-to-oranges comparisons, motivated reasoning, and a complete refusal to consider mundane explanations or place the data in any sort of context.”

That’s right. The report took images showing roads blocked for ordinary road construction and claimed they showed that a catastrophic accident in the lab meant that traffic had to be kept away to prevent exposure to the leaked virus.

But the fun doesn’t stop there. I’ll get to who MACE, who prepared the report, is a bit later. The story continues:

MACE’s analysts tried to establish a “pattern of life” at the Wuhan lab in order to reveal what they claim is an anomaly, one purportedly caused by a leak. The MACE document charts the movement of apparent Wuhan lab personnel into and out of the facility leading up to October, when the alleged leak took place. In one slide, analysts wrote that there is an “18 day gap” in which “there were no observable events” from devices at the lab between Oct. 6 and 24, supposedly suggesting an accidental leak.

In doing so, they appear to have been unaware of a key cultural factor complicating the normal course of events: a holiday. “The first week of October is a golden week in China, which is going to disrupt that pattern,” Lewis said.

Yep. The “anomaly” MACE ascribes to leak was in fact an ordinary holiday when activity would be diminished around the lab for a perfectly ordinary reason.

And the Daily Beast investigators spread the fun around, getting the folks at Bellingcat involved in investigating the claims made in the report:

The Daily Beast asked analysts at the award-winning open source investigative news outlet Bellingcat to review the MACE dossier and evaluate the quality of its conclusions. Within minutes of receiving the dossier, Bellingcat senior investigator Nick Waters disproved one of the MACE document’s claims: that a conference on biosafety lab management at the Wuhan lab scheduled for the first week of November was canceled.

But the conference did take place, as NBC first reported. Waters found a Facebook post from a Pakistani scientist who had attended the event and taken selfies there, including at the BSL-3 laboratory.

Wow. And Waters doesn’t stop there:

He also took a dig at one of the many amateurish elements in the MACE presentation. “Perhaps the authors should have spent more time testing their analysis rather than working out how to crop the eye of Sauron into a logo copy-pasted from the internet,” Waters said.

Okay, I got a huge laugh at the eye of Sauron bit. That’s because I’ve run into the folks behind MACE before. As Daily Beast points out, MACE stands for Multi Agency Collaboration Environment. And according to this link they provide, MACE is hosted at a company in Las Vegas by the name of Sierra Nevada Corporation. Way back in 2011, I wrote about a technology called Gorgon Stare, developed by Sierra Nevada Corporation, that claimed to enable real time remote viewing analysis of entire villages in Iraq or Afghanistan from imaging equipment carried by high-flying drones. Of course, this technology turned out to be a very expensive boondoggle that did nothing to help intelligence-gathering. I can’t help wondering if the eye of Sauron bit was an insider joke at Sierra Nevada that Waters understood and shot right back at them to ridicule this report and the old Gorgon Stare technology.

So, while the MACE report clearly originated in the US, what I haven’t seen yet is a clear indication of just when it surfaced, especially when it surfaced for senior Trump Administration officials and the intelligence community. It would not surprise me if it goes all the way back to the propaganda campaign in mid-April I described in my previous post. The version of the report that NBC published has the last several pages redacted with the description that this was done to protect names from being disclosed. That really makes me wonder if the specific question from John Roberts of Fox News to Trump on April 14 about an intern at the lab being infected and then spreading it to her boyfriend and the wet market was based on the redacted portion of the MACE report. All we know about timing is that the report had made its way to Congressional committees by May 8 when NBC published it.

There is another weak intelligence document, though, that this time is traced directly to the State Department. On May 7, the Sydney Morning Herald debunked a “dossier” that had been leaked from the US embassy in Canberra that the Daily Telegraph (a Rupert Murdoch paper in Australia) wrote about on May 2. The Herald says this about Australian officials  looking for the basis of the dossier:

Senior members of the Morrison government and Australian intelligence agencies at first had trouble finding the document. Eventually they found a research report, based on publicly available information including news reports, which appeared to fit the description. The research paper contained no information that was generated from intelligence gathering, according to people who have read it.

Labor MP Anthony Byrne, the deputy chair of the influential intelligence and security committee, was “incensed” by the report of the dossier. Mr Byrne, one of Parliament’s biggest supporters of the US alliance, directly raised his concerns with senior members of the Morrison government and intelligence agencies, saying Australia shouldn’t accept intelligence that doesn’t exist and fall for a “tricked-up document”.

There are now widespread suspicions within senior ranks of the Australian government and the intelligence community that the document was leaked to The Daily Telegraph by a staff member in the US embassy in Canberra. This suspicion, whether true or not, underlines how the positions between sections of Canberra and Washington national security circles have diverged over the claim. Some senior officials clearly believe the US embassy is pushing a narrative in the Australian media that could be counter to the beliefs and interests of its hosts.

The story continues:

The episode highlights the danger of mischaracterising the work of intelligence agencies. Some of the footnotes in the document contained references to US media reports that were based on unsubstantiated assertions from the US government – the same kind of circular intelligence which resulted in the “children overboard” affair in 2001.

Wow. The Herald also goes there, comparing this propaganda ploy to an Australian false information scandal of similar magnitude to the Iraq WMD operation in the US.

But again, Pompeo and those under him seem to be central to this whole operation. The Daily Telegraph story appeared just a day before Pompeo claimed “huge evidence” and likely was based on a document leaked by a US embassy. And then NBC published the MACE document a few days later. I haven’t seen anyone suggest that the document in Australia is the MACE document, but the Herald’s description and debunking of it sure would fit with them being the same or at least having the same source.

Given Pompeo’s central role in spreading propaganda that has been so easily refuted, I can’t help wondering if we will have another shoe drop on the firing of Steve Linick. Note that in his letter to Congress on the firing (which will be complete at the end of a 30 day clock starting Friday night), Trump said it was based on Pompeo’s suggestion that Linick be fired. Also note that we were first told it was because Linick was investigating Pompeo using State Department personnel to run personal errands. Today, that’s been expanded to cover the fast-tracking of arms sales to Saudi Arabia. But in their article on that, CNN notes:

But at this time, House Democrats say they do not yet know which investigation was the biggest factor behind the decision to dismiss Linick.

“I wouldn’t assign percentages,” a Democratic committee aide said.

Democrats on both the House Foreign Affairs and Senate Foreign Relations committees are interested in learning more about Linick’s investigations into Pompeo, and Engel emphasized the importance of cooperation from the administration in his statement Monday.

“The administration should comply with the probe I launched with Senator Menendez and turn over all the records requested from the Department by Friday,” he said, a reference to Sen. Bob Menendez of New Jersey, the ranking Democrat on the Senate Foreign Relations Committee.

I find it hard to believe that Pompeo would have felt truly threatened by either the investigation into using aides for personal errands or expediting the Saudi arms sales. Those just seem like garden variety Trump corruption that gets shrugged off as the next daily outrage appears. However, if Linick had started nosing around the leak of the State Department’s own Wuhan cables and/or the allegation of the leak of the report from the Canberra embassy, I think Pompeo would see a bigger danger. That would represent an investigation into an ongoing propaganda operation in which Pompeo disseminated easily disproved disinformation.

The final beautiful irony here is that if Linick had started such an investigation, it likely was based on open source information. Unlike the MACE information though, this open source information would consist of Pompeo’s own recorded media appearances and the subsequent public debunking of the propaganda. That propaganda getting debunked would be both Pompeo’s direct statements and the debunking of the “supporting” material that appears to have been released either by him or those doing his bidding.

Three Days in December 2016: Sanctions, Nukes, Syria, and Russia

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In this post, I described how badly much of the press had misrepresented the unmasking report released by Ric Grenell yesterday. The transcripts of the calls Mike Flynn had with Sergey Kislyak were identified by the FBI, FBI never put them into a finalized intelligence product, and Jim Comey told James Clapper about them.

The unmaskings described on the list released yesterday, by contrast, were finalized NSA products, not unfinished FBI ones, and none of the dates correlate with the discovery of Flynn’s calls.

In other words, the masking report released yesterday does not include the calls in question. These aren’t the droids you’re looking for.

Indeed, there is no evidence in the public record that any of these calls reflected any suspicion of wrong-doing.

That said, there were a flurry of requests to unmask Flynn’s name around mid-December 2016 that experts have highlighted both publicly and privately. While we can’t speak to the content of the intercepts in question, it is certain that Flynn was involved or mentioned in some communications in the days before December 14, 2016 that attracted an interesting set of people around the US government.

I’d like to look at what that flurry looks like. Before I start, let me lay out some assumptions. First, there may be a delay between the time NSA obtained communications themselves and the time it finalized a report on them, so the December 14 start date for this flurry may have happened days or more later after the communications were collected (though given how some of the most senior people in government reviewed these, that’s not necessarily true). Second, while there’s reason to believe this flurry is all related, we can’t be certain. Finally, remember that Flynn may not be the only American on this list; there could be any number of others, and their names might have gotten unmasked as well. To reiterate: Flynn wouldn’t necessarily have been a party to these communications; rather, he could have been discussed in them.

On the first day of this flurry, a significant group of people at Treasury — up to and including Treasury Secretary Jacob Lew — asked to unmask Flynn’s identity. This would suggest sanctions might be involved. Note, by that time Adam Szubin had moved to head Terrorism and Financial Crimes, so the issue might have more directly concerned money laundering than sanctions (though he appears to have still been in charge of OFAC as well).

In addition, John Brennan unmasked his identity, which suggests the intelligence immediately got briefed to the top of CIA.

Also that day, UN Ambassador Samatha Power unmasked Flynn’s identity twice that day, which (if this is part of the flurry) suggests someone in New York may have been involved.

The next day, December 15, Jim Comey got this intelligence and unmasked Flynn’s identity. Importantly, given the draft EC closing the Flynn investigation on January 4, 2017, nothing about this seems to have triggered notice to the Crossfire Hurricane team, which either suggests it involved an entirely different topic or proves that the FBI didn’t have it in for Flynn and treated some communications involving Flynn and Russia as routine.

John Brennan got something — either the same or a follow-on report, or something else entirely different — on December 15. That seems to have filtered down to CIA officials working on the Middle East, including Syria. But there’s not evidence that counterterrorism experts got it or were very interested, which is interesting given that Flynn always pitched cooperation with Russia in terms of cooperating against ISIS.

The same day, a whole bunch of people at NATO got it, including the Policy Advisor for Russia (Scott Parrish, too, seems to focus on Russia or Eastern Europe).

In addition, a senior person at Department of Energy and someone on the intelligence side there got it. This suggests nuclear power or proliferation is involved.

Finally, on December 16, four people at CIA whose location and portfolio are unknown got it, as well as the Ambassador to Russia (it would be unsurprising if those CIA people were also in Russia).

December 14, 2016

CIA Director John Brennan

UN Ambassador Samantha Power (twice)

Treasury

Secretary of Treasury Jacob Lew

Deputy Secretary of Treasury Sarah Raskin

Under Secretary of Treasury Nathan Sheets

Acting Under Secretary of Treasury Adam Szubin

Acting Assistant Secretary of Treasury, Office of Intelligence & Analysis Danny McGlynn

Acting Assistant Secretary of Treasury, Office of Intelligence & Analysis Mike Neufeld

Office of Intelligence & Analysis Patrick Conlan

December 15, 2016

FBI Director Jim Comey

CIA

CIA Director John Brennan

Deputy Assistant Director of Near East Mission Center [redacted]

Chief Syria Group [Redacted]

NATO

US Ambassador to NATO Douglas Lute

US Deputy Chief of US Mission to NATO Lee Litzenberger

US NATO [CIA?] Advisor to Ambassador Douglas Lute

US NATO Defense Advisor (DEFAD) Robert Bell

US NATO Deputy DEFAD James Hursh

US Representative to NATO Military Vice Admiral John Christenson

US NATO Office of the Defense Advisor (ODA) Policy Advisor for Russia Lieutenant Colonel Paul Geehreng

US NATO Political Officer [redacted] Scott Parrish

US NATO Political Advisor [POLAD] Tamir Waser

Department of Energy

US Department of Energy Deputy Secretary Elizabeth Sherwood-Randall

US Department of Energy Intelligence and Analysis, Executive Briefer

December 16

State

US Ambassador to Russia John Tefft

CIA

Chief of Station [Redacted]

Deputy Chief of Station [Redacted]

Collection Management Officer [Redacted]

Collection Management Officer [Redacted]

The most credible explanation I’ve seen for this flurry is that it relates to Flynn’s scheme to sell nuclear energy to Saudi Arabia (because it would involve sanctions, so Treasury, and proliferation, so Energy, and partnership with Russia), but that explanation doesn’t account for some of these readers, most notably someone with a Syria portfolio (the entire nuclear plan was a scheme to lure Russia away from Iran). Plus, unless those CIA people are tied to Saudi Arabia, these readers don’t include the key target of this scheme.

Moreover, it’s unclear why so many people at NATO would focus on this so quickly.

Whatever this flurry (or flurries), what Ric Grenell has done by releasing the list is given whatever adversary is involved, along with Mike Flynn, a picture of how this information flowed within the federal government.

Maybe that — and not any disclosure about who unmasked Flynn’s call with Sergey Kislyak — was the point.

Update: Here’s the first story on Jared Kushner’s request for a back channel, which Kislyak reported back to Moscow. It would have triggered Power (the meeting was in NY), Russia, Syria (Kushner said he wanted to cooperate on Syria). But it’s not clear why Treasury got this first, unless the message included set-up to the meeting with Sergei Gorkov, which took place on December 13. This being a report on Gorkov would explain the response at Treasury, but not other elements, such as the involvement of Energy (unless the Gorkov meeting was significantly different than has been reported).

Trump Pride and DOJ Prejudice: The Flynn Volume

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As Marcy has already reported, the DOJ has formally moved to dismiss the Flynn case. Here is the pleading they filed. (Marcy also addressed here) Trump is, of course, calling the DOJ who just did his command influence bidding “scum” and accusing them of “treason”.

Let’s start with a little Q and A:

Q: Can DOJ do that?

A: Sure, but it is bizarre beyond belief.

Q: Does this mean the case is over?

A: No. As I have repeatedly said, the plea has been accepted, after full allocution, not just once (Judge Contreras), but twice (Judge Sullivan) and, arguably thrice (also Judge Sullivan). There is a technical difference between a plea being entered and a plea being accepted. The Flynn plea was very much accepted. Multiple times.

Q: So, what does that mean?

A: It means that there was a formal finding of guilt entered by the court.

Q: So is that finding of guilt gone now?

A: No. The DOJ can file whatever it wants, the final decision still remains with Judge Emmet Sullivan.

Q: Does that mean “Flynn is an innocent man” as Trump is bellowing?

A: No. Flynn has sworn to his guilt under oath and penalty of perjury multiple times, and the court accepted his sworn guilt.

Q: So, what happens now?

A: Yeah, I don’t know the answer to that. We shall have to await Judge Sullivan entering in with his thoughts. I have no idea where Judge Sullivan will go. For the sake of the rule of law, and, frankly, legal sanity, I hope Judge Sullivan takes this as the full on broadside to law and intelligence that it really is. As I importune relentlessly, courts and law are a function of men and women. They are us. They speak and act for us. Judge Emmet Sullivan is not a man that will take this affront to justice lightly. Nor should he. It is absurd, the court should treat it that way, and, if anything, sanctions ought be imposed on Powell and Flynn.

Okay, where does that leave things? Now that is not a very easy question to answer. Here are a few thoughts though. The first one is “prejudice”. It is absolutely critical whether a dismissal request by the DOJ (or any prosecutor for that matter) is “with prejudice” or “without prejudice”. Here, Tim Shea, and it is crystal clear that means Bill Barr, demands that any dismissal be “with prejudice”. That means that no case based on these facts could ever be brought again. It is a pardon by a corrupt DOJ, without Trump ever having to even issue a pardon. Anybody, including the national press, that describes it differently is straight up lying.

The statute of limitations on a 18 USC §1001 charge for false statements is (as pretty much any charge possible against Flynn save for an ongoing conspiracy allegation) is five years, which is the general statute in federal criminal law. But, you see, that exceeds the time of Trump and Barr if Trump is not reelected. And therein lies the problem and why Mr. Barr and his lackeys Shea and Jensen, are apoplectic to make any dismissal “with prejudice”. Does this ever occur in real criminal justice life? No. Hell no. Of course not, in fact it is always “without prejudice”. Always, unless the government is caught by incontrovertible facts beyond dispute, and even then they usually demur to “without prejudice” dismissal.

But, wait, there’s more, I have other questions! Let’s talk about “materiality” for a moment. It is replete in the position taken by Bill Barr, through his cutout, Tim Shea. To be kind to Mr. Shea, he is an eggplant installed by Trump and Barr. And, here, the eggplant has signed this pleading on his own. Normally any such pleading would be signed by underlings, including career prosecutors. But not here. Why? That is not clear, but apparently no career track lawyer in DOJ would undersign this garbage. So there is that.

Back to “materiality”: Peruse pages 12-20 of the DOJ motion. Good grief, law review articles will spend hundreds of pages in the future laughing at the arguments Tim Shea has signed off on. Because, presumably nobody but a Trump/Barr appointed toady would even touch that. Yes, it is truly that absurd.

Okay, a parting shot: Normally, when a client puts an attorney’s work in dispute through claims of malpractice, all attorney/client privilege is waived. That is generally how it works. And if Flynn and his Fox News addled lawyer Sid Powell have not accused Rob Kelner and Covington & Burling of malpractice, then there has never been such an accusation. Privilege is waived.

While I thought Judge Sullivan should have disregarded the nonsense, denied all the the Powell crazy (arguably unethical conduct) and just sentenced Flynn. Marcy was right, and I underestimated just how sick the DOJ could be under Barr.

Well, here we are. Flynn and Powell have waived privilege. The DOJ under Barr and, here, Shea, is corrupt beyond comprehension.

But the irreducible minimum is that Judge Emmet Sullivan is the one with jurisdiction and control of this case. Not Trump. Not Barr. An honest and good judge, and one that has proven that over decades. Sidney Powell was right about one, and only one, thing: The Stevens case is a template for the court to find the truth.

Emmet Sullivan is a judge that can appoint an honest and independent special prosecutor to make sure real justice is done. Trump and Barr cannot fire the truth if Judge Sullivan seeks the truth and justice. And he should, for all of us. Judge Sullivan is a lion of justice that has done this before, and he should again.

After Years of Squealing about “FISA Abuse,” Trump’s DNI Nominee Won’t Rule Out Warrantless Wiretapping

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As I noted earlier, in his confirmation hearing to be Director of National Intelligence, John Ratcliffe made it crystal clear he will lie to protect Trump by stating that he believed Trump has always accurately conveyed the threat of COVID-19.

Ratcliffe made some other alarming comments. For example:

  • He repeatedly said that Russia had not changed any votes in 2016. The Intelligence Community did not review that issue and Ratcliffe has no basis to make that claim.
  • Ratcliffe also repeatedly refused to back SSCI’s unanimous conclusion that Russia intervened to help Trump.
  • He dodged when Warner asked him to promise to brief the committee even if Russia were trying to help Trump.
  • When asked whether he supported Inspectors General, Ratcliffe said that he supported Michael Horowitz when others attacked him but then suggested he disagreed with Horowitz’ “opinion,” making it clear he does not accept Horowitz’ conclusions that he found no evidence that bias affected the investigation into Trump’s flunkies.
  • Ratcliffe claimed he didn’t have enough information to address Michael Atkinson’s firing.
  • When Dianne Feinstein read his quotes about the Ukraine whistleblower to him, Ratcliffe pretended those quotes were about something they weren’t.
  • He might not provide intelligence on COVID-19 that showed how Trump blew it off.
  • He suggested that if only the IC had reviewed open source data, they might have warned of the dangers of COVID-19, which they did warn of using both OSINT and classified intelligence.
  • He refused to answer whether he thought there was a Deep State in the IC, and later suggested a few members of the IC were Deep State.
  • Ratcliffe refused to agree to release a report showing that Mohammed bin Salman had Jamal Khashoggi executed and chopped into bits, as required by last year’s Defense Authorization. He suggested that it might have been properly classified; as DNI, he would be the Original Classification Authority to make that decision.
  • He refused to answer clearly on whether Trump’s policies on North Korea and Iran have worked.
  • He later suggested he might not share intelligence if it were too sensitive, again ignoring that as OCA he gets to decide whether it’s really classified.
  • After saying he would appear for a Global Threats hearing, he then dodged when later asked whether he would appear before the committee generally.

Ratcliffe made several comments to make it clear he would side with expansive Unitary Executive interpretations holding that:

  • There are limits to whistleblower protection.
  • If torture were deemed legal it would okay to do it.
  • The executive can use warrantless wiretapping.

There were a few additional hints about stuff going on right now:

  • Mark Warner said that intelligence professionals have been pressured to limit information they share with Congress.
  • Warner also said that Ric Grenell was undermining the IC’s election security group.
  • Both Warner and Richard Burr seemed concerned that the DNI would not declassify their 1000-page Volume V of their Report on Russia’s 2016 election interference (I’m not sure whether this assess the Steele dossier or lays out whether and how Trump “colluded” during 2016).
  • Martin Heinrich made it clear that Grenell is reorganizing the IC, without any consultation or approval from Congress.

It’s not just unqualified, he’s a sycophant. But it seems like there’s so much that Grenell is already screwing up, Republicans on the committee, at least, prefer Ratcliffe.

Update: Here are Ratcliffe’s Questions for the Record. They’re particularly troubling on sharing with Congress.

He twice refused to say that he wouldn’t impose loyalty tests.

QUESTION 39: Personnel decisions can affect analytic integrity and objectivity. A. Would you consider an individual’s personal political preferences, to include “loyalty” to the President, in making a decision to hire, fire, or promote an individual?

Answer: Personnel decisions should be based on qualifications, skills, merit, and other standards which demonstrate the ability, dedication and integrity required to support the central IC mission of providing unvarnished intelligence to policymakers.

B. Do you commit to exclusively consider professional qualifications in IC personnel decisions, without consideration of partisan or political factors?

Answer: Personnel decisions should be based on qualifications, skills, merit, and other standards that demonstrate the ability, dedication and integrity required to support the central IC mission of providing unvarnished intelligence to policymakers.

He refused to promise to keep the Election Threats Executive Office open.

QUESTION 45: Would you commit to keep the Election Threats Executive Office in place to ensure continuity of efforts, and build on the successes of the 2018 midterms?

Answer: If confirmed, I will work with IC leaders and ODNI officials to ensure the IC is well-positioned to address the election security threats facing our Nation.

He refused to promise to notify Congress if Russia starts helping Trump again.

QUESTION 53: Do you commit to immediately notifying policymakers and the public of Russian attempts to meddle in U.S. democratic processes, to include our elections?

Answer: If confirmed, I would work with the Committee to accommodate its legitimate oversight needs while safeguarding the confidentiality interests of the Executive Branch, including the protection from unauthorized disclosure of classified intelligence sources and methods

He suggested he had no problem with Section 215 being used to access someone’s browsing records.

QUESTION 7: Do you believe that Section 215 of the USA PATRIOT Act should be used to collect Americans’ web browsing and internet search history? If yes, do you believe there are or should be any limitations to “digital tracking” of Americans without a warrant, in terms of length of time, the amount of information collected, or the nature of the information collected (e.g., whether particular kinds of websites raise special privacy concerns)?

Answer: I believe it is important for the Intelligence Community to use its authorities appropriately against valid intelligence targets. The amendments to Title V of FISA made by Section 215 of the USA PATRIOT Act expired on March 15, 2020 and, to date, have not been reauthorized.

Ratcliffe dodged several questions about whether FISA was exclusive means to collect

Extra-Statutory Collection

QUESTION 9: Title 50, section 1812 provides for exclusive means by which electronic surveillance and interception of certain communications may be conducted. Do you agree that this provision of law is binding on the President?

Answer: If confirmed, I would work with the Attorney General to ensure that IC activities are carried out in accordance with the Constitution and applicable federal law.

QUESTION 10: Do you believe that the intelligence surveillance and collection activities covered by FISA can be conducted outside the FISA framework? If yes, please specify which intelligence surveillance and collection activities, the limits (if any) on extra-statutory collection activities, and the legal authorities you believe would authorize those activities.

Answer: If confirmed, I would work with the Attorney General and the heads of IC elements, as well as the General Counsels throughout the IC, to ensure that intelligence activities are conducted in accordance with the Constitution and applicable federal law. As set forth in Section 112 of FISA, with limited exceptions, FISA constitutes the exclusive statutory means by which electronic surveillance, as defined in FISA, and the interception of domestic wire, oral, or electric communications for foreign intelligence purposes may be conducted.

QUESTION 11: What would you do if the IC was requested or directed to conduct such collection activities outside the FISA framework? Would you notify the full congressional intelligence activities?

Answer: Consistent with the requirements of the National Security Act, I would keep the congressional intelligence committees informed of the intelligence activities of the United States, including any illegal intelligence activities. As you know, not all intelligence activities are governed by FISA.

If confirmed, I would work with the Attorney General and the heads of IC elements, as well as the General Counsels throughout the IC, to ensure that intelligence activities are conducted in accordance with the Constitution and applicable federal law.

Senator Wyden asked a question about the IC purchasing stuff they otherwise would need a warrant for.

QUESTION 12: Do you believe the IC can purchase information related to U.S. persons if the compelled production of that information would be covered by FISA? If yes, what rules and guidelines would apply to the type and quantity of the information purchased and to the use, retention and dissemination of that information? Should the congressional intelligence committees be briefed on any such collection activities?

Answer: Elements of the IC are authorized to collect, retain, or disseminate information concerning U.S. persons only in accordance with procedures approved by the Attorney General. As you know, not all intelligence activities are governed by FISA, and it is my understanding that in appropriate circumstances elements of the IC may lawfully purchase information from the private sector in furtherance of their authorized missions. Nonetheless, any intelligence activity not governed by FISA would be regulated by the Attorney General-approved procedures that govern the intelligence activities of that IC element. Consistent with the requirements of the National Security Act, if confirmed, I would keep the congressional intelligence committees informed of the intelligence activities of the United States.

 

John Ratcliffe Demonstrates How He’ll Politicize Intelligence by Claiming Trump Has Been Honest about COVID-19

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John Ratcliffe just had his confirmation hearing to be Director of National Intelligence.

I’ll have more to say about what we learned about the Intelligence Committee after I walk June Bug the Terrorist FosteX Dog. But the main takeaway from the hearing is entirely encapsulated in this exchange (my transcription):

Kamala Harris: Do you believe President Trump has accurately conveyed the threat of COVID-19 to the American people?

Ratcliffe: Are you saying, presently?

Harris: We are in the midst of the pandemic, presently correct.

Ratcliffe: Can you repeat the question? I guess I’m misunderstanding the question. I’m sorry. Has he accurately represented the status of the pandemic?

Harris: Conveyed the severity of the pandemic, yes, Has he accurately conveyed the severity of COVID-19 to the American people.

Ratcliffe: I believe so.

Harris asked a question which has just one true answer. The only objective answer to this question is that no, Trump has not accurately conveyed the seriousness of COVID-19.

Ratcliffe answered yes.

Ratcliffe was asked over and over again whether he’ll politicize intelligence and each time he dutifully delivered his rehearsed answer, no, he won’t. Both Politico and NBC reported those rehearsed answers as the “news” of the hearing. Neither mentioned the Harris exchange, where Ratcliffe answered far more clearly than in any yes or no questions that he will, in fact, lie to the American people to serve Trump (and there were other instances where he made it clear he will politicize intelligence, just not so clear cut).

It is a matter of life or death during a pandemic to separate false information from truth. Everyone should be doing that, and such truthful reporting is supposed to be the job of journalists. For political accountability on the pandemic to happen, it must be clear that Trump appointed a sycophant as Director of National Intelligence, someone who is unwilling to tell the truth about it. It must be clearly reported that Ratcliffe lied in this hearing about a clear factual issue. Hiding that fact by treating Ratcliffe’s false assurances as truthful contributes to the danger of the pandemic.

Ratcliffe will be confirmed DNI. He might even get some Democratic votes, from people who view him as a less awful alternative than the Twitter troll turned German Ambassador turned part time DNI he would replace. But it matters that it be accurately reported that it was clear going into it that Ratcliffe would lie to and for Trump.

NY Times Finds Trump Administration Inserted Wuhan Cables Into The Aluminum Tubes Echo Chamber

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In my last two posts, I went into detail on what is known on the scientific front about the origin of SARS CoV-2, the virus responsible for the COVID-19 outbreak and then into what evidence Shi Zhengli of the Wuhan Institute of Virology (WIV) has offered to refute the rumors of the virus escaping from her lab. This post will set aside discussion of the science (other than to eventually provide a few quotes that have been provided by scientists addressing these issues) and will instead focus on what has been increasing evidence that there has been a concerted effort akin to an information operation to create acceptance of the idea that the virus escaped from WIV. Today, the New York Times confirmed these suspicions and indicated clearly who is behind the operation. Here’s a partial screen capture of the story by a team that includes Mark Mazzetti and Adam Goldman:

Although I was becoming convinced of an information operation, I wasn’t sure who was orchestrating it. This Times article leaves no doubts:

Senior Trump administration officials have pushed American spy agencies to hunt for evidence to support an unsubstantiated theory that a government laboratory in Wuhan, China, was the origin of the coronavirus outbreak, according to current and former American officials. The effort comes as President Trump escalates a public campaign to blame China for the pandemic.

Some intelligence analysts are concerned that the pressure from administration officials will distort assessments about the virus and that they could be used as a political weapon in an intensifying battle with China over a disease that has infected more than three million people across the globe.

Most intelligence agencies remain skeptical that conclusive evidence of a link to a lab can be found, and scientists who have studied the genetics of the coronavirus say that the overwhelming probability is that it leapt from animal to human in a nonlaboratory setting, as was the case with H.I.V., Ebola and SARS.

The article even goes on to name some of those pushing the link to an escape from the lab, including Mike Pompeo and Anthony Ruggiero. Who is Ruggiero, you might ask? Oh, that answer is full of rich irony:

And Anthony Ruggiero, the head of the National Security Council’s bureau tracking weapons of mass destruction, expressed frustration during one videoconference in January that the C.I.A. was unable to get behind any theory of the outbreak’s origin. C.I.A. analysts responded that they simply did not have the evidence to support any one theory with high confidence at the time, according to people familiar with the conversation.

Here we have officials working for Trump who are actively pushing an unsubstantiated theory that could be used to spark an international conflict. And one of those officials just happens to work on the issue of weapons of mass destruction. Gosh, it’s not like that topic has ever led to problems based on manipulating information from the intelligence community, is it? In fact, the article eventually gets there on how this is looking like a replay of Iraq:

A former intelligence official described senior aides’ repeated emphasis of the lab theory as “conclusion shopping,” a disparaging term among analysts that has echoes of the Bush administration’s 2002 push for assessments saying that Iraq had weapons of mass of destruction and links to Al Qaeda, perhaps the most notorious example of the politicization of intelligence.

The C.I.A. has yet to unearth any data beyond circumstantial evidence to bolster the lab theory, according to current and former government officials, and the agency has told policymakers it lacks enough information to either affirm or refute it. Only getting access to the lab itself and the virus samples it contains could provide definitive proof, if it exists, the officials said.

And the parallels go even deeper:

The Defense Intelligence Agency recently changed its analytic position to formally leave open the possibility of a theory of lab origin, officials said. Senior agency officials have asked analysts to take a closer look at the labs.

The reason for the change is unclear, but some officials attributed it to the intelligence analyzed in recent weeks. Others took a more jaundiced view: that the agency is trying to curry favor with White House officials. A spokesman for the agency, James M. Kudla, disputed that characterization. “It’s not D.I.A.’s role to make policy decisions or value judgments — and we do not,” he said.

So now we even have the remains of Cheney’s “Team B” within DIA, itching to make Trump happy. For those who may have forgotten, we have none other than that neocon himself, Eli Lake, talking glowingly of the Team B folks and DIA pushing back on CIA even before the invasion of Iraq:

THE CURRENT SCHISM has roots going back to the early ‘70s. In 1974 a collection of neoconservative foreign policy intellectuals on the President’s Foreign Intelligence Advisory Board began attacking the CIA-authored NIEs for the Soviet Union, accusing the Agency of cooking its books to defend Henry Kissinger’s policy of détente by underestimating Soviet military expenditures.

So the group—which included Harvard historian Richard Pipes; former arms control negotiator and ambassador-at-large under President Ronald Reagan, Paul H. Nitze; the retired director of the Defense Intelligence Agency (DIA), Daniel Graham; and a then-little-known staff member of the Arms Control and Disarmament Agency, Paul Wolfowitz—asked the CIA for access to the Agency’s files to create their own assessment of Soviet intentions and capabilities. In 1976 they received that access from then-CIA Director George H.W. Bush. That fall the group—which came to be known as Team B—produced an intelligence assessment for the president, contending that the Soviet Union’s military expenditures would not be curtailed by concerns over their potential impact on the ussr’s economic health. That conclusion became the cornerstone of Reagan’s policy for outspending the Soviet military in order to hasten the collapse of the Soviet economy.

Fast-forward to the current day. Wolfowitz, now deputy secretary of defense, still doesn’t trust the CIA—but this time the bone of contention is Iraq. As during his tenure on Team B, Wolfowitz finds himself amid a loose network of neocons inside and outside government—this time including his boss, Defense Secretary Donald Rumsfeld; Undersecretary of State for Arms Control and International Security John R. Bolton; Chairman of the Defense Policy Board Richard Perle; and Vice President Dick Cheney’s Chief of Staff and national security adviser I. Lewis “Scooter” Libby—arguing for an aggressive foreign policy posture. So, in a repetition of history, the neocons have devoted themselves to offering an alternative to what they see as the CIA’s timid and inaccurate intelligence assessments—assessments that downplayed the possibility of Al Qaeda sleeper cells in the United States prior to September 11; failed to predict India’s nuclear tests in 1998; and underestimated the speed with which the North Koreans would be able to test a multistage missile. The difference is that this time the neocons don’t have to ask the CIA’s permission to gain access to classified intelligence, because Wolfowitz and Rumsfeld already control between 85 percent and 90 percent of the U.S. intelligence budget, including the agencies responsible for signal intercepts, satellite surveillance, and the DIA. “This is a case of going in-house because [Rumsfeld] is not happy with the intelligence he’s gotten from the CIA,” says Melvin Goodman, a professor of international security at the National War College and a former CIA analyst.

Of course, as always, the neocons were dead wrong about the Iraq intelligence and were simply gaming it to get the war they longed for.

Another of the key bits of intelligence gaming came with the aluminum tubes story, “broken” by Michael Gordon and Judy Miller. In the retrospective in 2004, we find that there was in fact ample evidence showing the tubes were inadequate for uranium centrifuges and were in fact components for small artillery rockets.

Cheney and Miller have since been inextricably linked to this huge information operation, because Miller’s article was quickly followed up by multiple appearances by Cheney talking up this “intelligence” in the drumbeat for the Iraq war.  Marcy has noted how this history follows both Miller and Cheney.

If August 24 is seen as Aluminum Tube Day, then it seems likely that April 14 will become Wuhan Cable Day. And just as the aluminum tube story was catapulted nearly simultaneously by multiple people for maximum media impact, the same is true on the attacks on WIV.

The timing of April 14 is interesting, as the Times article today notes that on the 7th, a meeting of the intelligence community came to the conclusion that the origin of the outbreak is unknown:

Richard Grenell, the acting director of national intelligence, has told his agencies to make a priority of determining the virus’s origin. His office convened a review of intelligence officials on April 7 to see whether the agencies could reach a consensus. The officials determined that at least so far, they could not.

Just one week later, it looks like Team B has its ducks in a row and we suddenly have John Roberts of Fox News noting the 2018 State Department cables and asking an incredibly specific question about supposedly infected WIV personnel while pushing the lab as a source:

And the same day, we have Josh Rogin, who formerly worked with Eli Lake, putting out his column hawking the cables, claiming that they show officials being concerned that lax security at WIV at that time created a huge risk for a release of a dangerous virus. But his only actual quote from the cable he says he saw was one that just talks about a shortage of trained personnel. He then grudgingly admits the cables were sent as a plea for help in getting more training for the lab.

I had missed until yesterday this terrific takedown of Rogin and his April 14 column by Max Blumenthal. Blumenthal notes that virologist Angela Rasmussen also finds the cable excerpt not to be a smoking gun:

Dr. Angela Rasmussen, a virologist and associate research scientist at the Center of Infection and Immunity at the Columbia University School of Public Health, pointed out that the cable “argues that it’s important to continue working on bat CoVs because of their potential as human pathogens, but doesn’t suggest that there were safety issues specifically relating to WIV’s work on bat CoVs capable of using human ACE2 as a receptor.”

Ultimately, Josh Rogin was forced to admit that there was no evidence to support his insinuations, conceding in the penultimate paragraph of the article, “We don’t know whether the novel coronavirus originated in the Wuhan lab.”

Of note also is that Blumenthal found Rasmussen calling out Rogin on Twitter. Among several exchanges between the two was Rasmussen asking for Rogin to release the entire cable and Rogin refusing.

And just because the Iraq parallels never end, Blumenthal also found the 2020 version of Curveball, a regime-change agitator posing as someone in possession of important technical information:

Instead of discussing issues surrounding WIV with scientific experts, Rogin attempted to bolster his claims by relying on the speculation of anonymous Trump administration officials and Xiao Qiang, an anti-Chinese government activist with a long history of US government funding.

Rogin referred to Xiao merely as a “research scientist,” dishonestly attempting to furnish academic credibility for the professional political dissident. In fact, Xiao has no expertise in any science and teaches classes on “digital activism,” “internet freedom,” and “blogging China.” Revealingly, Rogin completely omitted the real record of Xiao Qiang as an anti-Chinese government activist.

For over 20 years, Xiao has worked with and been funded by the National Endowment for Democracy (NED), the main arm of US government regime-change efforts in countries targeted by Washington. The NED has funded and trained right-wing opposition movements from Venezuela to Nicaragua to Hong Kong, where violent separatist elements spent much of 2019 agitating for an end to Chinese rule.

Xiao served as the executive director of the New York-based NGO Human Rights in China from 1991 to 2002. As a long-time grantee of the NED, he served as vice-chairman of the steering committee of the World Movement for Democracy, an international “network of networks” founded by the NED and “for which the NED serves as the secretariat.” Xiao is also the editor-in-chief of China Digital Times, a publication that he founded in 2003 and that is also funded by the NED.

It’s truly remarkable how these folks have been using the same playbook for nearly 50 years. But because tossing out bogus information and then firing up the echo chamber to repeat it endlessly has worked for them so many times, they’ll just keep doing it until we stop them or at least impose some real consequences once the truth comes out. I suppose we can take some solace in the fact that this time these actions are being called out in real time, but I still don’t hold out a lot of hope for Team B being prevented from inciting more violence before this is all over.

The Costs of Letting Trump Believe His Authoritarian Buddies Instead of His Intelligence Community

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WaPo has a story confirming something that has long been implicit (based on Trump’s treatment, for a period, of COVID-19 briefings as classified). The intelligence community was tracking and briefing on the COVID-19 outbreak long before it rose to public attention.

U.S. intelligence agencies were issuing ominous, classified warnings in January and February about the global danger posed by the coronavirus while President Trump and lawmakers played down the threat and failed to take action that might have slowed the spread of the pathogen, according to U.S. officials familiar with spy agency reporting.

[snip]

Intelligence agencies “have been warning on this since January,” said a U.S. official who had access to intelligence reporting that was disseminated to members of Congress and their staffs as well as to officials in the Trump administration, and who, along with others, spoke on the condition of anonymity to describe sensitive information.

[snip]

The warnings from U.S. intelligence agencies increased in volume toward the end of January and into early February, said officials familiar with the reports. By then, a majority of the intelligence reporting included in daily briefing papers and digests from the Office of the Director of National Intelligence and the CIA was about covid-19, said officials who have read the reports.

The money line repeats one the CIA used to describe how George Bush ignored warnings about 9/11: the system was blinking red.

“Donald Trump may not have been expecting this, but a lot of other people in the government were — they just couldn’t get him to do anything about it,” this official said. “The system was blinking red.”

What’s key though (and, because of editing decisions, doesn’t get a lot of focus in the story) is one reason why Trump didn’t heed the warnings of his briefers: because he believed Xi Jingpeng more than he believed the US intelligence community.

The intelligence reports didn’t predict when the virus might land on U.S. shores or recommend particular steps that public health officials should take, issues outside the purview of the intelligence agencies. But they did track the spread of the virus in China, and later in other countries, and warned that Chinese officials appeared to be minimizing the severity of the outbreak.

[snip]

Robert Kadlec, the assistant secretary for preparedness and response — who was joined by intelligence officials, including from the CIA — told committee members that the virus posed a “serious” threat, one of those officials said.

Kadlec didn’t provide specific recommendations, but he said that to get ahead of the virus and blunt its effects, Americans would need to take actions that could disrupt their daily lives, the official said. “It was very alarming.”

Trump’s insistence on the contrary seemed to rest in his relationship with China’s President Xi Jingping, whom Trump believed was providing him with reliable information about how the virus was spreading in China, despite reports from intelligence agencies that Chinese officials were not being candid about the true scale of the crisis.

We all pay for Robert Kadlec to make sure policymakers get warnings about such things. And yet, Trump refused to believe those warnings because someone he trusted more — Xi — told him differently.

Trump has been permitted to believe his authoritarian buddies over the intelligence community on all manner of things. It derives from two things: first, his own innate fondness for authoritarians. But also, his need to believe Vladimir Putin’s assurances that Russia didn’t help him get elected.

The enabling of Trump’s fondness for dictators will end up being very costly for the United States.

The Republican Party Is No Longer the Party of Personal Responsibility

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In a cynical speech that, if we’re lucky, will be an effort to deescalate militarily by imposing more sanctions on Iran (which is not a good thing but far better than the alternative), Trump just pre-blamed Barack Obama for the failures most experts predict and have correctly predicted will come from Trump’s Iran policy. He suggests, falsely, that the current escalation is the result of Obama’s peace deal, rather than the demonstrable result of his suspension of it.

Iran’s hostilities substantially increased after the foolish Iran nuclear deal was signed in 2013, and they were given $150 billion, not to mention $1.8 billion in cash. Instead of saying “thank you” to the United States, they chanted “death to America.” In fact, they chanted “death to America” the day the agreement was signed.

Then, Iran went on a terror spree, funded by the money from the deal, and created hell in Yemen, Syria, Lebanon, Afghanistan, and Iraq. The missiles fired last night at us and our allies were paid for with the funds made available by the last administration. The regime also greatly tightened the reins on their own country, even recently killing 1,500 people at the many protests that are taking place all throughout Iran.

The very defective JCPOA expires shortly anyway, and gives Iran a clear and quick path to nuclear breakout. Iran must abandon its nuclear ambitions and end its support for terrorism. The time has come for the United Kingdom, Germany, France, Russia, and China to recognize this reality.

I’ll leave it to others to unpack how dishonest this claim, both with respect to what JCPOA did and what has led to the increase in tension since Trump reversed our commitment to it.

But it exists in a larger context in which the Trump’s supporters are both refusing to take responsibility for their own actions, including but not limited to their support for Trump, but also doing so by pre-blaming Democrats.

This has been going on for the entirety of the Trump Administration (indeed, arguably it has been going on for at least 15 years). But with respect to Iran, it has consisted of:

  • Blaming Obama’s successful peace deal for the effects of Trump’s own rejection of it
  • Claiming Trump couldn’t brief Democrats on the Soleimani assassination because otherwise they would leak
  • Suggesting that Democrats’ past impeachment of Trump will have a future effect on his ability to respond to the crisis he created with the assassination

Let me be clear: I don’t think Trump assassinated Soleimani to distract from impeachment. I think he assassinated Soleimani because he’s a narcissist who responds to slights by lashing out, and his top advisors Mark Esper and Mike Pompeo are committed to Raytheon, Rapture, and a dangerously escalatory Iran policy, and so in this case did not rein in the natural result of arming someone with Trump’s narcissism, which is to use force where diplomacy would be more effective.

But here we are, with a dead Iranian general and fewer allies in the Middle East and few adults running policy, which may well be a recipe for disastrous things to come.

Trump (and his supporters’) refusal to take responsibility for their own actions is particularly toxic in this context because his policies and incompetent implementation of them are highly likely to fail, and the only way Trump can sustain support while presiding over obvious and foreseeable failures is to blame some other entity, which in this case includes Democrats and Iranians. And the only way for him to continue failing policies even while it’s clear they are failing is to pretend they’re not the cause of the failure.

Trump’s excuses for not briefing the Gang of Eight are particularly worrisome. It’s bad enough he didn’t do so, both for Constitutional and practical reasons. Even Richard Burr or Mitch McConnell might have advised Trump to take a more moderate approach. And had Trump briefed Nancy Pelosi, Adam Schiff, or Chuck Schumer, any one of them might have said something to make it clear that if he did this and it blew up in his face, they would make it clear to the public that he had made the decision against their advice. Our system of briefing the Gang of Eight on covert operations is a terrible way to vet military and intelligence operations (not least because you don’t get in those positions unless you’re a hawk). But in this instance, it might have made Trump worry about being shamed if he ignored the advice. It also would have offered Trump the ability — one George Bush used aggressively to survive his scandalous embrace of torture and illegal wiretapping — to claim there was bipartisan awareness of the actions, which might make it more likely to craft a bipartisan response if things do start to go south.

But Trump doesn’t like the humiliation of hearing advice he doesn’t like, and so he didn’t brief  the Gang of Eight beforehand.

He owns this decision, and all its consequences, because he chose to make the decision without following the norm that would allow him to share the blame.

But that raises the stakes for him to find scapegoats. It’s a feedback loop, where his refusal to listen to competent advice increases the likelihood of stupid decision and his defensiveness about admitting all that, thereby raising the stakes on having scapegoats still further.

And that, in turn, raises the aggressiveness he needs to direct at his scapegoats. Democrats (and Iranians and NATO) must not be wrong. They must be disloyal or traitors or Jew-ridden socialist countries or terrorists. Indeed, that’s likely one of the reasons why Trump so readily adopts inflammatory slurs with no basis in fact: because he has to dehumanize his scapegoats, to make sure no one thinks too much about what function that scapegoating plays.

It’s all a recipe for increasing violence.

And at the core, on the Soleimani assassination, the case that Trump is responsible is not just obvious — best embodied by his refusal to brief the Gang of Eight even while telegraphing his attack to his cronies at Mar-a-Lago — but a root cause of why he wants to build his scapegoats in from the start.

A Few Thoughts On Carter Page Warrants, Franks v. Delaware and Michael Horowitz

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Marcy Wheeler did a giant post on the Page warrants and the Horowitz report, one she just updated significantly this morning. I did a comment on there, but since this is pretty much my hobby horse from long before the Horowitz IG Report was released, I decided it needed at least a short standalone post.

This concerns the Franks v. Delaware standards for warrant affidavit review, how it should apply to Carter Page’s series of four warrants signed by four different experienced and sober judges, and the complete ignoring of said standards by the typical Michael Horowitz’s attempt to validate his own work and time.

First, there are two types of identifiable errors in warrant affidavits for Franks v. Delaware challenge purposes. The first is what I call the error of commission, i.e. affirmatively inserting materially false information, and the second is error of omission, i.e. leaving out materially critical information. Courts are generally much more loathe to grant relief on omission claims than commission claims. This is important as to the caterwauling about Page having talked to the CIA (long ago as Marcy notes) claim. Sorry, that is so old, stale and meaningless as to be completely irrelevant for these purposes. Nobody would ever get dinged for that nonsense. It is not like the IC was running Page as a asset, this is just nonsense. But that is what uninformed howlers like Page, Nunes and Chuck Ross roll with.

Secondly, when Marcy says “Franks challenges require the defendant to prove that false statements in a warrant application are false, were knowing, intentional, or reckless false statements, and were necessary to the finding of probable cause”, that is true. But it has to be established that the actual affiant knew that as opposed to some diffuse other government agent or person may have known. And the actual affiant gets every benefit in the world of “good faith” in this regard. Always. Darn near impossible to overcome. So, that isn’t going to work either for the reasons Marcy lays out.

Third. It is infuriating that Horowitz did not address one lick of any of this. In 435 pages of his “report” Horowitz could not find just a few to address the actual standards he should have been reviewing under. Not once. Couldn’t even be bothered to mention it in passing. And it has not entered many, if at all, other post hoc discussions, either, short of at this blog. That is just laziness.

Lastly, for now, I would suggest the law review article Marcy linked to above, specifically pps. 443-449. It is not the most complex dissertation of Franks v. Delaware law and review standards, but it is one easily understandable by the lay person, especially if you read the footnotes carefully too.

I have been successful on a couple of Franks attacks in days gone by….out of a LOT attempted. Very few defense attorneys can claim even that. I cannot possibly tell you how difficult it is. But I can, without any reservation, tell you I think there is about little to no chance that the Page affidavits would not stand up with sufficient probable cause if subjected to such a review. Since Page would have never gotten there, it was derelict of Horowitz to have not done so.

It is not that Horowitz did not identify some error, whether of commission or omission, in the Page applications, he did. But he very much overplayed how significant they are under extant warrant law. Now, the argument that FBI, and other law enforcement entities, ought to tighten up their policies for submission of affidavits, whether under FISA or Title III, is well taken. They should. All defendants and surveillance targets deserve that. But under the applicable law at the time, the thought that the Page affidavits would not stand up under the mere ex-parte probable cause standard is ridiculous. Of course they would have.

Horowitz

Crossfire Hurricane Glossary

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Even before it went live yesterday, I was looking through Marcy’s incredibly awesome timeline on Crossfire Hurricane. It is a stunningly important and good thing, not only for those here, but those everywhere. I read things day and night, and have seen many timelines on this subject, but none that approach that which Marcy has produced. That said, if even I have to do double takes on what some of the names and acronyms are, I thought a guide was in order.

So, I thought an enduring glossary would help not even now, but going forward. What follows will be what appears appropriate now, and this post may be supplemented lated as necessary. I hope it helps. Maybe at some point I’ll come back an make it alphabetical, but for now I am just going from front to back in order of appearance.

Some are patently obvious and need no explanation, e.g. “CIA” for instance. As to the rest though, away we go:

ASAC: Assistant Agent In Charge, typically of an FBI Field Office.

Zainab Ahmad: Is a seriously kick ass former member of DOJ. Ahmad was a prosecutor with the DOJ who long specialized in investigating and prosecuting terrorism. She served as an AUSA in the Eastern District of New York until 2017, successfully prosecuting several high-profile terrorism cases. In 2017, she was reassigned to the Special Counsel for the United States Department of Justice team. After Mueller closed up shop, Zainab landed as a white collar and cyber security specialist at the NY office of Gibson Dunn.

Evgeny Burykov: A convicted Russian spy. He was arrested on January 26, 2015, charged with, and pleading guilty to, spying on the United States for the Russian Foreign Intelligence Service (SVR). Buryakov was a New York-based Deputy Representative of Vnesheconombank, Russia’s state-owned national development bank.

CHS-3: In addition to Steele (CHS-1) and Halper (CHS-2) there was another FBI informant who spoken on a number of occasions with George Papadopoulos. The person’s identity is unknown. Papadopoulos told him a version of the Joseph Mifsud in fall 2016.

Anne Conway: Conway is a GHW Bush nominated judge to the Middle District of Florida, and who serves on the FISC, since being do designated by John Roberts in 2016. Judge Conway approved a 2017 FISA Court warrant for Carter Page, a former adviser to the 2016 Trump Campaign.

Raymond Dearie: Is a well respected Senior United States District Court Judge from EDNY originally nominated by Reagan, and served on FISX between July 2012 and July 2019, after appointment by Chief Justice John Roberts.

Oleg Deripaska (Oligarch 1): Paul Manafort’s one-time paymaster, and also the client of a lawyer employing Christopher Steele in 2016. In that role, Steele repeatedly offered to broker a meeting at which Deripaska could provide derogatory information on Manafort. FBI belatedly considered whether Deripaska was a source of disinformation for the dossier.

Alexander Downer: Former Australian High Commissioner (ambassador) to the UK (2014-18), former leader of the Australian Liberal Party (1994-95), and former Australian Minister for Foreign Affairs (1996-2007). Definitely not a coffee boy, but met with one over a few drinks in London.

For bmaz, I note that he is a fan of V8 motor racing and has a CMAS racing license. (h/t EH)

Stu Evans: Stuart Evans, deputy assistant attorney general of DOJ’s National Security Division. He’s the person who insisted on adding a footnote alerting the FISC of Steele’s potential bias.

FIFA: The international governing body of soccer. A body Chris Steele gave work and information on to not just US authorities but worldwide ones too.

Michael Gaeta (Handling Agent 1): An FBI agent, previously an attache in Rome and one time handler of Christopher Steele. A specialist in Eastern European organized crime including in the Republic of Georgia, Russia, and Ukraine.

Taushina Gauhar: Is a (former) Deputy Assistant Attorney General (DAAG) in the Department of Justice National Security Division (NSD) and FISA lawyer specialist.

JD Gordan: Gordan is an American communications and foreign policy advisor, who served as a Pentagon spokesman during the Bush Administration and later a National Security Advisor to Donald Trump. He is also a crackpot gadabout on forums such as One America News Network, Fox News, Sky News, The Daily Caller, The Hill, and The Washington Times. He’s the guy who ensured that the Republican platform did not incorporate lethal aid to Ukraine.

Stefan Halper (Source 2): Ooof, this could go on even longer, but per Wiki, Halper is an American foreign policy spy and Senior Fellow at the University of Cambridge where he is a Life Fellow at Magdalene College. He served as a White House official in the Nixon, Ford, and Reagan administrations, and was reportedly in charge of the spying operation by the 1980 Ronald Reagan presidential campaign that became known as “Debategate”. Through his decades of work for the CIA, Halper has had extensive ties to the Bush family. Through his work with Sir Richard Dearlove he also has ties to the British Secret Intelligence Service MI6. For purposes here, Halper acted as an FBI informant for its investigation into Russian interference in the 2016 United States elections.

Kathleen Kavalec: Former Deputy Assistant Secretary of State who met with Chris Steele in October 2016.

Mary McCord: McCord was the Acting Assistant Attorney General for National Security at the U.S. Department of Justice from 2016 to 2017 and Principal Deputy Assistant Attorney General for the National Security Division from 2014 to 2016. She now teaches at Georgetown and contributes at Lawfare.

Sergei Millian (Person 1): A Belarus born businessman knee deep in everything Russia and a putative source for Chris Steele. He was also the subject of a counterintelligence investigation during 2016-17. Much still not necessarily clear about Millian.

NYFO: New York Field Office of the FBI.

OGC: Office Of General Counsel at the Department of Justice.

OI: The Office of Intelligence at DOJ. They’re in charge of writing FISA applications.

Bruce and Nellie Ohr: Bruce Ohr is a United States Department of Justice official. A former Associate Deputy Attorney General and former director of the Organized Crime Drug Enforcement Task Force (OCDETF). He is an expert on transnational organized crime and has spent most of his career overseeing gang and racketeering-related prosecutions, including Russian organized crime. Nellie is Bruce’s wife, and a longtime expert on all things Russian. She worked at one point for Fusion GPS as a contractor between October 2015 and September 2016.

Victor Podobnyy: An Russian SVR (foreign intelligence) officer worked under the cover as a banker who was recruiting Carter Page in 2013.

SSA: Supervisory Special Agent.

Scott Schools: Scott Schools was the “highest-ranking career civil servant at the United States Department of Justice”, serving as Associate Deputy Attorney General. For those who have been around long enough, he was, for a while, the “new” David Margolis. Schools, a putatively decent chap, is gone now, having been replaces by a Jeff Sessions designated mope named Bradley Weinsheimer.

Glenn Simpson: Former journalist for the Wall Street Journal and co-founder of Fusion GPS.

Paul Singer: An American billionaire hedge fund manager, activist, investor, vulture capitalist, and philanthropist. A hard line Republican promoter and shill, but also a longtime supporter of LGBTQ rights.

Bruce Swartz: Deputy Assistant Attorney General for International Affairs. Key to the story because of a purported effort by Kurt Volker to get Swartz to officially ask Ukraine to investigate the Bidens. He would have been in the loop in any normal requests between the US and Ukraine. Still a lot of questions open as to Swartz.

UCE: An FBI employee working undercover. A woman working under the pseudonym Azra Turk accompanied Stefan Halper on his interviews with George Papadopoulos.

Sally Yates: Former US Attorney for Northern District of Georgia, Deputy Attorney General, and Acting AG.

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