The Many Gaps and Inconsistencies in Natalia Veselnitskaya’s Story, Starting with Ike

In this post, I laid out the latest attempt from one-time Trump and current Aras Agalarov lawyer Scott Balber to craft an unincriminating story for the June 9 Trump Tower meeting. In general, Balber has gone to great lengths to provide innocent explanations for digital tracks suggesting the meeting was incriminating, and especially to deny that Agalarov — who orchestrated the meeting — had any direction from Putin.

In this post, I’m going to look at what Natalia Veselnitskaya (who, as I’ve noted, met with Balber sometime before October, which is where the documents she admits to first got introduced to the public) wrote in her statement to Chuck Grassley back in November, because she makes some really interesting dodges.

To start with, Veselnitskaya defines certain things so as to be able to deny certain relationships.

First, she distinguishes between Glenn Simpson and Fusion, admitting to a relationship with the former but not the latter.

I did not work with Fusion GPS, I know Glenn R. Simpson, whom since 2014 I have viewed as an individual investigator-analyst, a former investigative journalist with a long record of service and experience gained by a team of lawyers for point tasks that arose in connection with the preparation for trials, interrogations under case 13-civ-06326 the United States of America v. Prevezon Holdings Ltd. et al., initiated by Browder through the US Attorney’s Office with reference to my client. In my perception, it was Glenn R. Simpson who worked on the Prevezon Case, as to in what capacity – either as an individual or as a company – it was of no interest to me. I do not have any documents as to Fusion GPS.

[snip]

Glenn Simpson was hired by lawyers from Baker Hostetler, as well as other people who worked on the case. Some of them I have never even met. I used to receive reports from Glenn Simpson – CC-ed on all the lawyers working on the case.

[snip]

I didn’t work with Fusion GPS. In my study, analysis and documents I partly used the information obtained in December 2014 from Glenn Simpson within the scope of his services on legal research of Browder’s corporate relations, and his links to the United States, to serve a subpoena on him.

Importantly, she denies a claim made by Fox to have met with Simpson before and after the June 9 meeting.

So, on June 8, in the evening, I arrived in New York. On June 9, I attended the second district court hearing on Browder’s complaint and worked on some other issues. On June 10, I went to Washington to coordinate our position with our key lawyer in Washington.

[snip]

No, there had been no contacts with him on specified dates. Last week Fox News 38 referring to a confidential source reported that I met with Glenn Simpson before and after the meeting with Trump’s son, and that “but hours before the Trump Tower meeting on June 9, 2016, Fusion co-founder and ex-Wall Street Journal reporter Glenn Simpson was with Veselnitskaya in a Manhattan federal courtroom, in a hearing on the DOJ’s claim against Prevezon Holdings, a Cyprus company owned by a Russian businessman Denis Katsyv.” This statement does not reflect the reality.

[snip]

I met Glenn Simpson on the as-needed basis, as well as whenever he came to the office to see the lawyers.

The distinction may have the primary function of divorcing her relationship with (and the presence at the meeting of) Rinat Akhmetshin from Fusion and the Christopher Steele dossier. She claims that Akhmetshin’s presence at the meeting was tied to his role in an anti-Magnitsky NGO, with no involvement of Prevezon attorneys Baker Hostetler.

If the question is how he was introduced at the meeting on June 9, then as a consultant of the Human Rights Fund for relations with Congress.

This seems inconsistent with her reference to his having an NDA with her — who is the NDA with?

Most incredibly, Veselnitskaya distinguishes between meeting with Don Jr — a friend of a friend, she explains it as — and the Trump campaign.

Meeting on June 9, 2016, was not a “meeting with the Trump campaign”. My understanding is, this was to have been a private meeting with Donald Trump, Jr., – a friend of my good acquaintance’s son on the matter of assisting me or my colleagues in informing the Congress members as to the criminal nature of manipulation and interference with the legislative activities of the US Congress.

[snip]

No [she did not have advance knowledge of the other attendees], except for those people who had come with me and the person I was going to (Trump, Jr.), I did not have the slightest idea that someone else would be present at the meeting.

[snip]

No. I did not meet with the “Trump campaign”. At the meeting with Donald Trump, Jr. I had a reference in my own handwriting (see Exhibit 1.1), which I was ready to leave to Mr. Trump, Jr., should he need it. But to offer or provide this information was pointless, because as I understood during the meeting, Mr. Trump, Jr. was not at all aware of my request and could not help me at all.

Having done that, Veselnitskaya is in a position to deny knowing certain things: any involvement in tampering with the election and any tie to the Fusion dossier.

The additions she makes to three responses reinforce this focus. First, when asked whether she has any information on the Russian influence operation, to which she says, “Nor do I know anyone who would be in possession of such documents or knew about something like that.” She also doesn’t know who in the Russian government would know of her involvement. “Not that I know about. If so, who? Why were they briefed? What was their role?” And whether she knows Christopher Steele, to which she responds, “I do not know Christopher Steele. I first heard of him from US media.”

With that frame, here’s how Veselnitskaya explains the genesis of her meeting.

I had never asked anyone for a meeting with the Trump team.

Nor did I ask to organize namely a meeting with Donald Trump, Jr., it was enough for me to hand over a reference outlining the request (see Exhibit 1.1). Around the end of May 2016, during a conversation with a good acquaintance of mine, being my client, Aras Agalarov on a topic that was not related to the United States, I shared the story faced when defending another client, Denis Katsyv, about how terribly misled the US Congress had been by the tax defrauder William Browder, convicted in Russia, who, through his lobbyists and his close-minded rank-and-file Congress staffers, succeeded in adopting the Act in the name of a person whom Browder practically hardly ever knew.

I considered it my duty to inform the Congress people about it and asked Mr. Agalarov if there was any possibility of helping me or my colleagues to do this. I do not remember who of us was struck by the idea that maybe his son could talk about this with Donald Trump, Jr., who, although a businessman, was sure to have some acquaintances among Congress people. After my conversation with Mr. Agalarov, I prepared a reference in case it would be necessary to hand over the request – to support the hearings in the Subcommittee in the US House Committee on Foreign Affairs as to the Magnitsky’s and Browder’s story, scheduled for mid-June. I was ready to hand over the reference, talk on the phone, or meet personally.

Note, later in her answers, she claims to guard client confidentiality closely, even beyond things covered by privilege. But here, she claims to have discussed Katsyv’s plight with Agalarov.

And even though Aras Agalarov was crucial to organizing this meeting, Veselnitskaya claims to have no knowledge of any other involvement he had (which is something Balber has been trying to reinforce throughout).

All I know is that Aras Agalarov asked his son Emin Agalarov to enquire if Donald Trump, Jr. could help with my request. I am not aware of any further actions of Emin.

In the passage above, note how she obscures whether the Magnitsky/Ziff document released publicly (a report Putin parroted on October 19) got written in advance for the meeting or to lobby Congress with. Curiously, in this day of digital creation, she claims she doesn’t know precisely what day she drafted it (even thought the publicly released copy is dated May 31 on the Russian version).

A note about the meeting that I prepared in Moscow on or about May 31, 2016 for its possible handover to any interested party

That claim is critical given that — in a previous Scott Balber installment — the preexistence of this document involved an exchange between Veselnitskaya and the Prosecutor General, Yuri Chaika, offered up to explain why Rob Goldstone told Don Jr she had a tie to the Crown Prosecutor. She denies he had any involvement in the meeting and in he descriptions of involvement with him doesn’t describe the report.

I have no relationship with Mr. Chaika, his representatives, and institutions, other than those related to my professional functions of a lawyer. As a lawyer of Denis Katsyv, since 2013 I have sent several appeals to the Russian Federation General Prosecutor’s Office requesting documents within my legal powers, and also filed applications to verify the information about Mr. Browder’s activities in Russia that resulted in the wrongful seizure of my client’s assets in the USA and Switzerland, received answers, analyzed them and addressed them anew, should I be refused answers or provision of documents – I appealed to the court.

That’s important because she can offer no explanation for the reference, in Rob Goldstone’s email to Don Jr, to the Crown Prosecutor.

I do not know what Mr. Goldstone was talking about. Given what I know, I can assume that Mr. Agalarov might tell him a little about me, mentioning that I had previously worked in the prosecutor’s office, and the information I wanted to tell in the US Congress had also been reported by me before to the General Prosecutor’s Office of Russia and it was confirmed there. Having compiled this, the musical producer (as I learnt more than a year later) could either confuse everything, or intentionally make everything look intriguing so that the meeting could take place.

Another timing detail, Veselnitskaya denies remembering when she learned the meeting for which she claims to have made handouts would be a meeting, though she claims it was after she arrived in the US.

I do not remember from whom and at what time I first heard that I could personally express my request (see Exhibit 1.1) during at the meeting.

[snip]

I do not remember the moment when I first heard that I could personally make my request during a meeting. Nor do I exactly remember who told me about it. But upon arrival in New York in the evening of June 8, 2016, in my e-mail box I found a letter from a certain Goldstone, who notified me of the time and place of the meeting with Donald Trump, Jr. In this correspondence Aras Agalarov’s colleague, Irakli Kaveladze, who had been living in the United States for a long time and to whom I left my mail for contacts, was mentioned in the copy.

[snip]

I do not remember discussing it with anyone before I found out that there would be a meeting. This was an alternative way of communicating the request and I did not insist on a meeting. The day I was told that I would be met by Trump, Jr. (everything that I was able to restore in my memory, confirmed by mail from Goldstone – this could take place when I was already in New York), I informed Denis Katsyv about this.

This description raises real questions about Ike Kaveladze. Here’s the email Veselnitskaya said she received when she landed; note that, as publicly released, the reference to Kaveladze has been hidden, though it may be what the reference to “both” is. Note, the shift of the meeting from 3 to 4 is also not included in the email chain; Goldstone learned the change needed to be made by 10:34AM on June 8.

The apparently obscured reference to Kaveladze is particularly interesting given how she describes inviting Samochernov to attend as her translator on the morning of the meeting.

On the day of the meeting – June 9, I asked my interpreter – Anatoly Samochernov, and my colleague who had previously worked on the Prevezon Case – Rinat Akhmetshin, who was also a registered lobbyist for the Human Rights Accountability Global Initiative Foundation (HRAGI), and dealt with issues on behalf of the Foundation in the US Congress, which I planned to talk about at the meeting with Donald Trump, Jr. Both are US citizens. I informed Goldstone about them on June 9, which is confirmed by my correspondence.

Akhmetshin was reportedly in NYC for a theater production, but she apparently learned he’d be in town by 9:24.

Rinat Akhmetshin, who arrived that day in New York for an evening performance of Russian theatre stars.

Her description of Kaveladze’s role (remember, he’s represented by Balber) is particularly curious, in that she admits he was ostensibly there to serve as translator, which was unneeded since she had brought her own.

[She and Kaveladze] got acquainted first by phone when I was in Moscow. I met him personally first on June 9 shortly before the meeting.

[snip]

We had a phone call and met at a café, I do not remember where and at what café. I told him briefly what I knew about the Browder case, about the Ziffs and their possible support when lobbying his interests in the United States.

[snip]

I can suppose, he attended the meeting as a translator, however, as I was with a translator he was just sitting and listening.

The curious silences about Kaveladze are all the more interesting given that, unlike Veselnitskaya, he knew that Manafort and Kushner would be there and that dirt on Hillary would be dealt. And based on that description, he flew to NYC from LA.

Curiously, Veselnitskaya says neither Paul Manafort nor Jared Kushner were introduced at the meeting.

I came to the meeting with Anatoly Samochornov, a translator, Irakly Kaveladze, a lawyer of my client who helped to arrange for the meeting, Rinat Akhmetshin, my colleague who was working with me on the Prevezon case. We were met by a big, stout man who introduced himself as Rob and escorted us on the elevator to the boardroom. I saw two men in the boardroom – one of them introduced himself as Donald Trump Jr., while the other did not introduce himself. Another young man entered the boardroom a little later and left it shortly afterwards. I found out much later that the two unidentified gentlemen were P. Manafort and J. Kushner.

Laying all this out, it’s not so much that it doesn’t make sense (though there are clear gaps).

It’s that even with all of Scott Balber’s efforts, there’s still no explanation for why Kaveladze attended this meeting. Given Balber’s significant efforts to minimize Agalarov’s role in the meeting — and his denials that Agalarov might have ties directly to Putin — I find the failure to explain that notable.

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including Vice, Motherboard, the Nation, the Atlantic, Al Jazeera, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse in Grand Rapids, MI.

Pay Now and Pay Later: What Losing CHIP means to America

 

Let me tell you something you (most probably) secretly believe, secret even from yourself,  because you are an American: poor and sick children aren’t going to amount to anything. This is true whether you’re a Republican or a Democrat. The two sides will argue it’s for completely different reasons, but the conclusion is the same. We all know that poor and sick children aren’t going to live lives of note or interest.Nevertheless, we all want to be good people, and that’s why CHIP has bipartisan support. CHIP is the Children’s Health Insurance Program, originally SCHIP, a Clinton-era expansion of social security specifically for children who were too poor to get insurance, but not able to be covered by Medicaid.

CHIP’s Congressional authorization expired in September. The program is slowly running out of money, with just under nine million children potentially facing life without access to healthcare.

Americans talk a lot about the cost of healthcare. The cost of not providing healthcare to children in a world with failing environmental protections and failing schools is impossible to calculate. It is very high, it lasts lifetimes and generations.

I am taking breaks as I write this. My neck and shoulders are making typing hard, and I am coughing up a yellow sputum, very much the same as I have been coughing up since I was a child, and I will have to see the doctor soon about it. I am an active 44-year-old woman, lifelong non-smoker, with a healthy BMI who has been receiving healthcare in Europe for the last three years. But for my life before my 40s, I was mostly an uninsured low-income American, born and raised in Los Angeles.

I was an active child and an avid dancer. When I became a teen I slowed down a bit, there were times when I would cough and cough for weeks, sometimes coughing up little solid and foul smelling lumps of material from my lungs. I threw up involuntarily a lot when I exercised. I didn’t talk about it much, there didn’t seem to be any point.

I dealt with mental health issues, which were treated by the school district. That treatment was not only substandard, but deleterious, always pushing poor children to see themselves as the source of their troubles, even at times when the troubles were obviously medical in nature. Everything was always in our heads, everything, even throwing up involuntarily and migraine headaches were something I was doing to myself.

Los Angeles in the 1980s was a time of intensive personal responsibility and very poor air quality. It was the Reagan years, and we were all self-reliant cowboys. There was always a cadre of depression-era grandparents around, calling themselves the Greatest Generation, and telling us that no matter what happened we had it easy and our complaints were just whining. The drug war was at fever pitch, and the world was made up of Good Guys and Bad Guys, and you sure as shit did not want to be one of the Bad Guys. And the air that I grew up in was so bad you could live next to a mountain range and not know it for months.

CHIP was created in 1997. The Clintons were pushing the nation towards centrism, the air in LA was getting cleaned up, and I was 24 — far past the age where it could have helped me.

I was used to making due by then anyway. Poor kids aren’t allowed to be sick, it’s a moral failing, and I’d learned to compensate and sneak to get what I could. But still, even after some kind of insurance became available, it was never because we deserved it. As children we’re burdens on the struggling poor. As students and eventual adults, we’re no better. We’re making it up, we’re lazy, we’re difficult, we cost too much and are worth far, far too little. The political debate has never been about letting us find our potential, for we have none. The debate has been about whether it’s more moral to help us or let us die quietly.

Of the 9 million kids insured on CHIP 3 million are, like me, chronically ill. Not all of them would die without medical treatment, I’m sure they could move on, scarred, struggling to survive, out of childhood and any realistic chance of being cared for. I know how it feels to be one of those children. I try to be a generous and caring person and see all of humanity as my family, but there is a part of me that really doesn’t care what those children decide to do to the rest of you. You have it coming.

Being uninsured when you’re a chronically sick child isn’t just the lack of care. It’s the constant and unrelenting sense that you are not valued, not desired by your society. It is the rejection of your ability to live itself, the feeling that you can never be more than lice on the body politic. Any self-esteem you can grab back from the way society treats you comes with a hate so dark it makes ISIS look like a summer camp.

But the truth is these children mostly won’t do anything. They’ll wander desperately through life, looking for hope, going to the ER for rescue inhalers, and trying to score many kinds of drugs to dull the pain both physical and mental. Some will escape up the socio-economic ladder, but they’ll hide where they came from because you think we’re all worthless. That’s what I did for years. Statistically, we’ll die younger than you, probably uninsured, in a hospital. The commentary on our lives won’t be: What have we done? How did we fail these fellow humans so terribly? What have we lost in creativity and talent? Instead the political story of our lives will be: This causes healthcare costs to rise.

There are sick children all over the world. There is only one country that blames them for making healthcare costs rise because we won’t give them care as children.

CHIP passed in 1997. In 1998, I got my first employer healthcare. The diagnoses started rolling in. Migraines, Irritable Bowel Syndrome, Major Depressive disorder. GERD with Barrett’s Esophagus. It wasn’t caused by weight, but because my esophagus doesn’t close. It just doesn’t. Weird, huh!? That would have been handy to know sooner.

That diagnosis wasn’t a surprise, as least not after I understood the context. I tended to throw up if I bent over too far. I was a high school gymnast, and even back then the contents of my stomach would regularly come out of my nose on the uneven parallels. My coach would send me home sometimes, but no one ever suggested I see a doctor. It was in my head, I was doing it to myself somehow, being a burden on everyone.

After the ’98 round of medical diagnoses and treatment, I came back and yelled at my mother for never believing me. I cried, I apologized later. She’d been a child herself when I was born, and she was trusting authorities who were telling her I was broken, and so was she. She apologized too, we cried and screamed and stomped off and hugged and cried some more.

This is how we cope. To try to think about this not personally, to see it as part of politics and society and an economic plan is too big and too painful to contemplate. Even now, it makes my throat tighten and a wave of nausea pass through me. It is so evil.

The diagnoses kept coming in the new century, and I became ineligible for any kind of insurance that wasn’t employer-based. EDS Hypermobility type, Cervical Dystonia, PTSD. The last one I crowdfunded to pay for, the old-fashioned way. I passed the hat amongst my friends and raised the money to pay the PTSD therapist. It was a difficult and sometimes humiliating decision, but it was the right one. I emerged from my therapy not fixed, but healing. I had tools I hadn’t had before. I went back to work. My friends had passed up dinners and presents and special things to help me get that therapy, but it worked.

GoFundMe brags about raising $5 billion in crowdfunding for medical care in America. Of course there’s more than that over the years; families that sell their houses for each other, friends that skip vacations to give the people they love a chance at life. Leonard Pitts wrote rather viciously about a conservative man trying to raise money to retain his sense of sight. This man was politically unworthy, socially irresponsible, and medically suspect; he smoked and owned a house. How could he ask for help? This is America, and even the people who believe in universal healthcare balk at care for those they deem Unworthy. We don’t even know how to imagine a system that just cares for people because they are people.

It’s been two years, and I hope that man is not blind, and I hope his loved ones haven’t suffered too much. Between people who love each other, there is no better use of these little monetary tokens to express love than paying so they may live and live well.

From an economic perspective, it’s a disaster. Every meal and trip skipped to pay for medical expenses slows down the stimulus that money could provide. The medical payments funnel money into the upper echelons of society where is slows down, sits, and ossifies. It is a disaster in every way.

But Congress is full of good people who are the somebodies who think of the children, and so CHIP is bipartisan. But it’s so expensive, and it’s hard for Congress to find the ~$14b it will cost. When it comes to funding stupid planes perfect for types of wars that don’t exist anymore, Congress has no problem finding the budget to switch from the disastrously stupid F-22 fighter (>$70b) to the next stupendously expensive F-35 fighter (>$400b for R&D). The F-22 finally saw action in two countries several years after being discontinued: against ISIS in Syria, and the Taliban in Afghanistan, both military forces more known for fighting out of the back of pick-up trucks than dogfighting with jets. More money goes to the federal employee travel budget than goes to CHIP. (According to Hatch and Coburn) More money goes to the black budget devoted to spying on everything and everyone on the net than goes to CHIP, but most of Congress probably doesn’t know how much more, it’s a secret. Congress can even find billions to make stupid fucking pennies no one wants.

A sick kid doesn’t realize the money that could help them is going to something as stupid as fighter jets no one needs or black budgets that may be straight-up illegally spying. But they do know that they’re a burden, they know that the world doesn’t want them. It makes them sad and angry, and everyone around them scrambles to find billions of dollars in spare change to take care of the people they love because Congress is so bad at finding things.

When you don’t treat the minds and bodies of children, it isn’t just those children who are affected. Something as simple as getting check-ups, interceding on basic problems early, and making mental and sexual health resources easy to access can stop a lifetime of expensive and heart-rending problems that weigh down families and communities and echo through generations.

Programs like CHIP, or universal healthcare as provided in Europe, are not about handing things to the worthless poor. They are about the epidemiology of the whole of society. Treating your neighbor’s kid now is about not having to treat them later, and not living with the consequences of their illness in your environment or tax expenditures. It is choosing to not live in a society of desperation and constant quiet anger. Programs like CHIP, and the proposal for Medicare For All, are fundamentally selfish, just a long-sighted form of selfishness that Americans are kind of bad at.

Without a program like CHIP, we are in the position of hoping parents bring their children into the ER for routine needs, jacking up our healthcare costs to ever more ridiculous heights, because the alternative is somehow much, much, worse. Untreated children don’t just infect other children with their diseases, they drag down schools, divert the resources of their families, increase crime and even lower property values. They spend so much time struggle to find their own worth, they deny the world their talents. If you don’t want to treat poor sick children, you might be better off going all Sparta on us and throwing us off cliffs than just letting us struggle along in society.

By the way, Sparta was a terrible place to live, despite what you’ve seen in 300. It was miserable and authoritarian and full of legally-required slavery and child rape and never really developed or got better. The Persian Empire, and even Athens, were better societies on every count, including military. Sparta wasn’t good at infrastructure and tended to steal what they did have. Infrastructure is what makes society nice to live in, and worth the bother. This is a fact Americans used to get; we like our highways and dams and standing armies and power lines, but apparently the water’s edge is schools, pollution, healthcare and paying taxes. Those are, for some reason, not infrastructure.

I never accepted my worthlessness, I never stopped fighting. I also never shot anyone or became a drug addict. I did a lot of sketchy things to get medical care. I’ve taken a lot of other people’s leftover drugs, and coordinated with other people to pass around drugs and advice from medical professionals who may have never known where it was going, and probably didn’t want to. And I rebelled and rejected society, sometimes violently, so that I could do worthwhile things not in keeping with my station in life.

Now I live in a place that provides me care. I haven’t had to prove my economic worth, which is good because it’s likely I never will. But now, after my expenses, I still have a little money left over. And every Saturday morning after food shopping, I go get myself a good cappuccino in the city center, and sit for a while enjoying the light, watching people go by, and little children chase dogs and birds. I’m not in paradise, there are plenty of problems here, like everywhere. But none of them are sick children hiding the yellow sputum they cough up from their parents because no one can afford a fucking inhaler.


My work for Emptywheel is supported by my wonderful patrons on Patreon. You can find out more, and support my work, at Patreon.


Some of my sources were:
https://www.kff.org (many articles, it’s a treasure trove of information)
8.9 million children enrolled, cost is around $14 billion. 35 million children are enrolled in CHIP or Medicaid or both.

https://www.bloomberg.com/news/articles/2017-06-12/america-s-health-care-crisis-is-a-gold-mine-for-crowdfunding
https://www.vox.com/2017/12/3/16730496/orrin-hatch-chip-tax-bill

More information on children on Medicaid: https://www.medicaid.gov/chip/downloads/fy-2016-childrens-enrollment-report.pdf

Quinn Norton is a writer who likes to hang out in the dead end alleys and rough neighborhood of the Internet, where bad things can happen to defenseless little packets. She writes about hackers, humans, bodies, technologies, and internets.

“Useless in terms of… tactical details” -Stratfor

Why Is Russia Finally Letting (Dubious) Details of Its Involvement in DNC Hack Out?

In recent days there have been a number of stories in Russia implicating the FSB (note, not GRU) in issues related to the DNC hack. First, there was this article from The Bell, claiming that the four Russian treason defendants (two of whom were FSB officers) are being prosecuted because they provided inside information to the US about GRU’s involvement in the DNC hack.

But it is impossible to identify which specific cyber group or groups were responsible for last year’s Democratic National Committee hack based on technical traces alone, four cyber experts polled by The Bell confirmed. To prove specifically that the GRU was involved, U.S. investigators would have needed inside sources — preferably with access to confidential state matters, one source explained. Mikhailov had that access.

Relations between intelligence agencies working on the cyber front were strained, one of Mikhailov’s acquaintances said. The FSB and GRU compete for funding and Mikhailov felt the FSB carried out cyber tasks more professionally than the GRU, according to one of his acquaintances.

He used to say that “the GRU breaks into servers in a brazen, clumsy, and brutish manner and it interfered with his own work”, the acquaintance said. Moreover “the GRU’s hackers didn’t even try to cover their tracks”.

The report said that Sergei Mikhailov — who was named (but not charged) the Yahoo hack case — shared information on Russian hackers who wouldn’t work with the FSB with western law enforcement agencies though a cut-out named Kimberly Zenz.

Mikhailov had been working closely with Western intelligence agencies since 2010. Report written for Vrublevsky said that Mikhailov had leaked sensitive information “on Russian cyber-criminals, who had refused to cooperate with him, to a U.S. citizen”. More specifically, Mikhailov reportedly handed the U.S. citizen — a woman — information on Russian state-sponsored hacker attacks against Estonia and Georgia in 2007 and 2008.

Burykh says he found that Mikhailov gave the information to Stoyanov, who then passed it on to  Kimberly Zenz  of the U.S. company iDefense Intelligence. From there, it went to the U.S. Department of Defense.

Then there’s this story, reporting that a hacker tied to the Lurk group, Konstantin Kozlovsky, hacked the DNC on behalf of the FSB.

Then there’s this, from Novaya Gazeta, laying out the news.

NG questions — as I do — why this is all coming out now. Of particular interest, it notes that Kozlovsky’s claims were posted in August, but for some reason the hashtags that would have alerted people to the posted claim were not triggering, meaning the information only got noticed (at least in Russia) now.

Interestingly, the first materials on this page were posted back in August of this year. And despite the fact that sensational publications were accompanied by tags # CIB, # FSB, # Dokoutchaev, # Mikhailov # Stoyanov, # hackers, # Kaspersky, the existence of a personal page Kozlovsky in Facebook for some reason became known only in early December.

Here’s the timeline we’re currently being presented with (I’ve made some additions):

April 28, 2015: FSB accesses Lurk servers with Kaspersky’s help.

May 18, 2016: Kozlovsky arrest.

May 19-25, 2016: DNC emails shared with WikiLeaks likely exfiltrated.

November 1, 2016: Date of Kozlovsky confession.

December 5, 2016: Arrest, for treason, of FSB officers.

August 14, 2017: Kozlovsky posts November 1 confession of hacking DNC on Facebook.

November 28, 2017: Karim Baratov (co-defendant of FSB handlers) plea agreement.

December 2, 2017: Kozlovsky’s claims posted on his Facebook page.

Of particular note, the emails exfiltrated from the DNC and shared with WikiLeaks were probably not exfiltrated until the days immediately after Kozlovsky’s arrest.

As NG notes, this all may well be true (though I wonder why Russia is now letting claims it was involved in the DNC hack go public, after claiming it was uninvolved for so long). But the reason it is coming out now is at least as interesting that it is coming out.

Update: I originally said that Mikhailov was charged in the Yahoo hack. He was described in it, but not charged.

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including Vice, Motherboard, the Nation, the Atlantic, Al Jazeera, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse in Grand Rapids, MI.

Cognitive Rot and the Steele Dossier

One reason I write so much on the Steele dossier is because the cognitive rot it has fostered among Democrats is really dangerous. Often, they’ll point to a confirmed event — such as that Carter Page met Arkadiy Dvorkovich and Andrey Baranov on a Russian trip that was otherwise publicly reported contemporaneously — and claim it “proves” a dossier claim claiming something else — in this case that he met Igor Sechin and Igor Diveykin. Out of some need to see the larger dossier “confirmed,” its fans claim over and over again that Not-A = A. As a result, rather than asking why the dossier is so full of narrow misses and why it doesn’t report any of the big known events — starting with the Trump Tower meeting attended by Fusion GPS researcher Rinat Akhmetshin — Democrats instead keep seeing “truth” in the dossier in the tea leaves that, in actuality, are really just dregs. And, in the process, they become willing to argue that Not-A = A, arguing that claims that don’t match known reality actually are reality, just like the Trump boosters we claim to abhor.

Josh Marshall engages in a bit of the same today, then Jonathan Chait piggy backs on Marshall and (as is his wont) exacerbates the error.

Marshall starts by laying out the claim from the dossier — that Trump lawyer Michael Cohen had a meeting 1) in Prague 2) in August to clean up the Manafort scandal (and the burgeoning Russia scandal generally).

I wanted to focus specifically on what the Steele Dossier alleges was a meeting with Russian intelligence agents in Prague in August 2016.

He spends the rest of the paragraph correctly noting that this is raw intelligence, so if the Cohen detail is wrong, it doesn’t mean the rest of the dossier is.

Marshall then lays out what had been known before today: that Cohen’s known travel to the EU was (like so much else in the dossier) close, but no cigar.

Cohen’s passport did show a trip to Italy in July. July isn’t August. But that’s the kind of dating issue that might get mixed up in the chain of information transition.

In any case, point being: Cohen was in the EU zone, relatively close to the Czech Republic only a couple weeks before August. So his passport by no means rules out a visit to Prague. Since most press coverage has seemed to take Cohen’s denial at face value, I had assumed or left open the possibility that he’d provided investigators with other evidence we’re not aware of.

Note, it is true that someone might mistake a July meeting for an August one. Except if you consider the actual claims about the Cohen meeting: that he was cleaning up after events that occurred in July and even (Manafort’s resignation) August.

That is, it would be darn near impossible for Cohen to clean up the scandal created by — for example — Page’s Moscow speech on July 7 and the platform change made on July 11 and 12 and first reported on July 18 on a trip to Europe from July 9 through 17. The mess hadn’t started yet! Manafort’s troubles, especially, were only just beginning to break out publicly.

Marshall then links to this story and argues that it is still an open question whether Cohen had “this meeting” described in the dossier.

Politico has this passage …

Cohen’s passport would not show any record of a visit to Prague if he entered the EU through Italy, traveled to the Czech Republic, and then returned to his point of EU entry. A congressional official said the issue is “still active” for investigators.

Reading the article it seems clear that Cohen simply denied ever being in Prague and majority Republicans saw no basis to disbelieve him and thus would not require him to provide items like credit card records and other documents which might confirm his account.

This seems very much an open question whether Cohen did in fact have this meeting.

The article — on top of making it clear it is reporting on the dysfunctional HPSCI investigation which (among other things) has shown members not asking about discussions that might be related to the larger Middle East aspect of this operation and is clearly inadequate for other reasons — includes this language before the passage Marshall quotes.

Cohen has come under close scrutiny for several Trump-Russia controversies, including emailing Putin’s spokesman two weeks before the first GOP primary to ask for his help in advancing a proposal to build a Trump Tower development project in Moscow. He also was linked to a proposed pro-Russian peace plan for Ukraine involving Felix Sater, a former Trump business associate with Russian government connections.

Cohen has strenuously denied that a Prague meeting occurred, and he provided a copy of his passport to BuzzFeed in May. The passport was stamped for entry and exit to the United Kingdom and Italy — but not the Czech Republic, whose capital is Prague. “I have never been to Prague in my life. #fakenews,” Cohen tweeted on Jan. 10.

His passport stamps show that he traveled twice to London in 2016 and once to Italy, from July 9 to July 17.

Yes, the article supports Marshall’s point: HPSCI (both Democrats and Republicans have shown to be ineffective, but he blames just the Republicans) did not demand more information from Cohen to disprove a meeting (though it’s not clear how they’d refute the only possibility that “this meeting” is “this meeting” — that Cohen, like Manafort and Rick Davis, has more than one passport).

But the theory posed is not that he has a second passport he might have used to travel to Prague, but that “this meeting” would instead be a July meeting, not an August one. That is, it couldn’t be “this meeting” because it couldn’t accomplish what the meeting reportedly accomplished. It might be another meeting, in which case the report of it as “this meeting” would be wrong or disinformation, not truth.

The article also notes HPSCI is investigating Cohen’s other European travel, to London (one trip in October and one at Thanksgiving), which for the reasons I note here, might be more promising. If any meetings of interest happened there, they’d be interesting. But they’d also be other meetings, occurring just before the flurry of Cohen reporting as journalists were beginning to chase down this story or after all but the last dossier report.

But there is no evidence presented in the article that supports a claim that “this meeting” took place, nothing to change the conclusion that public evidence does not support the claim that any possible meeting is “this meeting.” Not A might = A, Marshall argues.

When I tweeted to him about this, he observed that he thinks the dossier “has been borne out in a broad sense,” which is a great way to claim that Not-A = A without getting your PhD pulled.

Then, along comes Chait.

Ah, Chait.

He starts by hanging previous doubts about the dossier on the pee tape and Cohen’s strong denials.

Two details in particular made the dossier seem suspect. First, its report that Trump had paid Russian prostitutes to urinate on a bed that had been used by Barack Obama. And second, the report alleged that Michael Cohen, a Trump crony with Russian contacts, had met in Prague with Russian intelligence officials. The golden-showers detail, while unconfirmed, seemed too bizarre to be plausible. And Cohen shot down the Prague allegation forcefully. The report of his meeting was “totally fake, totally inaccurate,” Cohen said, “I’m telling you emphatically that I’ve not been to Prague, I’ve never been to Czech [Republic], I’ve not been to Russia.”

Cohen’s denials helped shape skeptical coverage of the dossier.

That is, before, because these two details were doubtful, the entire dossier might be doubtful.

He then points to the same Politico report on the dysfunctional HPSCI investigation considering the Prague question “still active” (without doing the math to figure out that a July Prague meeting could not be the meeting reported in the dossier) to argue that Cohen should not be trusted more than Steele.

[T]his hardly settles the question. A congressional investigation is digging into whether Cohen is telling the truth about the alleged visit to Prague. “Cohen’s passport would not show any record of a visit to Prague if he entered the EU through Italy, traveled to the Czech Republic, and then returned to his point of EU entry,” reports Politico, in a passage that’s received less attention than merited. “A congressional official said the issue is ‘still active’ for investigators.”

Most reporters have treated the say-so of Cohen, a Trump hanger-on laden with extremely shady associations, as implicitly more credible than the reporting of a British intelligence agent with years of expertise. That is probably a mistake.

I’m fine with assuming Cohen is a liar, especially given how carefully he parsed his denial, not to mention the way he orchestrated turning over documents to distract attention from the previously undisclosed and far more inflammatory details of earlier negotiations with Russians tied to the getting Trump elected. But that doesn’t mean Steele is correct either. They could both be telling non-truths.

Chait then says “we don’t have any idea whether” the pee tape is real, but says that because Brian Beutler has argued Trump has a pathological jealousy of Obama, then … I’m not sure what he’s arguing here.

And what about the bit about the prostitutes? The detail has been endlessly described as “salacious,” placing it in the category of National Enquirer–type gossip of dubious veracity. We don’t have any idea whether that detail is true. However, Brian Beutler made a fairly persuasive case that Trump has displayed during his presidency the exact same kind of pathological, self-destructive jealousy of Barack Obama (who had publicly humiliatedTrump two years before the alleged incident).

I mean, sure, Trump hates that a black man was more competent as President than he has been. But does that affect the specifics of how the Russians might compromise him?

Finally, Chait points to one more article that argues Not-A = A, then links to the shitty Sipher defense of the dossier.

As time goes by, more and more of the claims first reported by Steele have been borne out. In general, there is a split between the credibility afforded the dossier by the mainstream media and by intelligence professionals. The former treat it is gossip; the latter take it seriously.

We can’t expect Chait, a paid pundit, to actually test such claims on his own because he’s not paid to be smart but instead to repeat warmed over conventional wisdom, so I guess I’ll have to forgive Chait for not noticing the glaring holes in Sipher’s piece.

Which brings us to the best example of the cognitive rot the dossier creates. In the same breath where Chait admits he should not take the dossier as gospel truth and parts of it (he’s not going to do the work, mind you, because he’s not paid for that kind of actual labor) are “no doubt” false.

Unverified private reporting should not be taken as gospel truth, and no doubt some of the tips Steele picked up are false. But we should probably be giving far more weight to the possibility that the darkest interpretation of Trump’s relations with Russia is actually true.

But from that, he assumes (wrongly, in my opinion) that the “darkest interpretation of Trump’s relations” are what the dossier reports, and that those are possibly true.

Chait has abdicated any need to verify individual claims out of which he builds his larger truths.

As I’ve said repeatedly, we don’t need the dossier to believe dark things about Trump’s relations with Russians; public reports substantiate that darkness, and darker things are to come.

The desire to find tea leaves that prove the worst about Trump — rather than to do the work to look at the actual evidence and/or wait for Robert Mueller to do his work — has led Democrats to excuse themselves of insisting on tying claims to actual reality, in varying degrees of the same kind of thing that makes Trump so dangerous. It’s okay if claims are “borne out in a general sense,” rather than being proven true piece by piece.

We used to believe that justice was not about truth being “borne out in a general sense” but about discrete evidence. Too many seem to believe we can skip that step with Trump. That’s true, even though we have facts and evidence and they’re accumulating to be even more damning than anything in the Steele dossier. Just as important, we need to retain the habit of facts and evidence.

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including Vice, Motherboard, the Nation, the Atlantic, Al Jazeera, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse in Grand Rapids, MI.

Ten Years After: A Decade At Emptywheel

It is no secret by now that this blog is celebrating its ten year anniversary. You have seen the posts from Marcy, Jim, Ed and Rayne going throughout the history. This will be my retrospective. But, first, I want to make the ask.

For years, we’ve done this content ad free, relying on your donations and all of us doing free work to supply the things you read here. We have a love for what American democracy ought represent, and spill that love out in real time here. Hopefully that is valuable to you. But it takes real dollars, rubles, shekels and bit coin to keep this site alive. You have no idea what the physical costs are, and George Soros has never sent that check.

So, please, we almost never make an ask, but we are now, if you can, help us out: Support Emptywheel

Okay, with that out of the way, here are some of my key posts over the last decade. It may be ten, it may be more. Whatever it is, there will be soooo many that I wish I had the opportunity to revisit, but time is precious. From the top music:

The world’s goin’ crazy and
Nobody gives a damn anymore.
And they’re breakin’ off relationships and
Leavin’ on sailin’ ships for far and distant shores.
The old world’s fadin’.
Now it seems so far away.
Well, I’m not goin’ anywhere.
There’s so much that we can share.
I’m your brother.

Before we start, I would like to take a moment to say thanks any and all who read and reside here. Agree, disagree, whatever….thank you. This blog has, from the start, been a community. That is because of all of you, and all who silently support us. Thanks, it is everything.

Alright, off we go in no apparent order of significance (actually probably tracks better chronologically, though can’t guarantee that)….

DON’T CRY FOR THE TELCOS – BUSH & CHENEY ARE THE ONLY ONES THAT ARE DYING FOR IMMUNITY

A very early post, and one I still strongly stand by. The discourse on “immunity” for communications providers was completely dishonest. If you thought their butts were on the line instead of the government’s, you were not paying attention to how things go with such interactions.

OBAMA KILLED THE JOHNSEN NOMINATION, NOT BEN NELSON NOR THE GOP

Dawn Johnsen is wonderful; she is the antithesis of what you see today in the DOJ. And I think it is very easy to say that some of the history of the Obama Administration, in retrospect, might be different in a positive way had Mr. Obama hewed to the initial principles, positions, and nominees like Dawn Johnsen that he ran on. Suffice it to say, the votes were there, it was Obama himself that blocked Dawn Johnsen.

ON THE PASSING OF DAVID MARGOLIS

This is a stand in for all of the David Margolis reportage here. There is a lot, from both me and Marcy. Margolis was a “career” man at the DOJ who, arguably, had bigger long term impact than most well known AG’s. A complex, and conflicted man now in history. Look for the link to the Roach Motel Margolis created. I first wrote about that in 2010 as to the inherent conflict of interest between the DOJ Office of Professional Responsibility and David Margolis.

FORMER BUSH SPECIAL COUNSEL SCOTT BLOCH BULLIES JOURNALISTS AND THREATENS 1ST AMEND SPEECH BEFORE CRIMINAL SENTENCING

Scott Bloch was the poster boy both of the imperiousness of the Bush Administration and the fecklessness of Congress. He was a corrupt jackass in charge of, supposedly, supporting whitleblowers in government. He was not just the antithesis of that, but a precursor of the quality of appointees in the Trump Administration….The opposite of what government appointees are supposed to do in office.

A PRIMER ON WHY SCHUELKE REPORT OF DOJ MISCONDUCT (IN TED STEVENS CASE) IS IMPORTANT

I don’t know any other way to say it….the prosecution of Alaska Senator Ted Stevens was a disgrace. Sure you can say what you didn’t like about Stevens’ politics, but the due process free and prosecutorial depraved attack on him was abominable. Ted may have been a joke because of his “toobz” comment, but the man deserved better from the American justice system. And if it can happen to Stevens, guess how easily it occurs out in the states and streets every day.

JOHN MCCAIN THE NARCISSISTIC CARPETBAGGER

There were several posts I wrote on McCain during the 2008 election, most of them are linked in this one, but due to link rot from the demise of Firedoglake, here is another. I had mixed feelings about including this because of McCain’s failing health. Love or hate him, and I have done both, he is a true American hero. But, as a native Arizonan, I will never forget the blunderbuss way he barged into Arizona and bullied some of our greatest statesmen.

AARON SWARTZ, PLEA LEVERAGING & THE BORDENKIRCHER PROBLEM

This was a tough post to write. I did it on a plane to San Jose where I knew I would be meeting with one of Aaron’s attorneys who was appearing on a panel with Marcy. I knew he, a lot of other attorneys, including First Amendment and criminal specialists, and, most importantly, Aaron’s family, would see it. I think I got it right, and so I have been told. Irrespective, the pernicious effect of the late 70’s Supreme Court case of Bordenkircher v. Hayes still maintains, and is a blight on criminal justice application.

YES, RAY RICE’S DIVERSION ADJUDICATION WAS APPROPRIATE

Caught a lot of flak for this, but it was unquestionably true from every one to the decades of actual practice of law I have. It was right then, and it is right now. Ray Rice has done, and been, everything that made him the perfect candidate for diversion that he clearly was, whether a well known athlete or not. Sometimes the aggressive press and aggrieved at a distance public needs to let professionals in the criminal justice system do what they know. Sometimes, the system is just bad. But this time it worked perfectly, as I predicted it would.

TRUMP’S BELATED JONES ACT WAIVER FOR PUERTO RICO IS A SHAM, HERE’S WHY

I wanted to include something contemporary. This post was drafted almost immediately upon Trump’s dubious announcement. It turned out to be perfectly true. In every regard. And, yet, Puerto Rico is still dying and have never been supplied right given their true disaster. They are American citizens. We owed, and still owe, them so much better.

MOURNING THE LOSS OF A GIANT RECENTLY PASSED

It is far too rare that we get to muse about the more common things here, so I want to include a favorite. And one that seemed to strike home with a lot of you. Granpa Pricky. Our former 25 foot tall saguaro cactus that died with his boots on, and blocking the entire street. Dude went out with a bang! Seriously though, saguaros are truly magnificent. We still have three others, but none like Grandpa. Trust me, read the story of a mighty saguaro, you will like it.

WHY THE DOJ CAN’T PROSECUTE BANKSTERS: MAP OF CLEMENS INVESTIGATION

This was seriously insane. If you have not seen the chart on what was done by DOJ to go after Roger Clemens while they were ignoring the financial criminals ruining the world, you really need to see it.

PAT TILLMAN WAS A MAN, NOT JUST A SYMBOL

This still hurts. There is so much to say, but it was said in the post. Please read that. The world would be better if Pat were still here. He was so much more than the media cut out of him.

Okay, that is pretty much it. It has been strange going back over an entire decade of ups and downs in this wonderful world. Both cathartic, and troubling given the current status. What were once governmental vices are indeed now habits. Or worse. So I leave you, as we entered, with a song from, appropriately, Ten Years After, because that is where we are!

I’d love to change the world
But I don’t know what to do
So I’ll leave it up to you.

That is not just you, it is all of us. It is an antiquated song from a different time, but the feeling of a country lost I knew then is back now. Thank you, and thank you for your support.

Bmaz is a rather large saguaro cactus in the Southwestern Sonoran desert. A lover of the Constitution, law, family, sports, food and spirits. As you might imagine, a bit prickly occasionally. Bmaz has attended all three state universities in Arizona, with both undergraduate and graduate degrees from Arizona State University, and with significant post-graduate work (in physics and organic chemistry, go figure) at both the University of Colorado in Boulder and the University of Arizona. Married, with both a lovely child and a giant Sasquatch dog. Bmaz has been a participant on the internet since the early 2000’s, including active participation in the precursor to Emptywheel, The Next Hurrah. Formally joined the Emptywheel blog as an original contributing member at its founding in 2007. Bmaz grew up around politics, education, sports and, most significantly, cars; notably around Formula One racing and Concours de Elegance automobile restoration and showing. Currently lives in the Cactus Patch with his lovely wife and beast of a dog, and practices both criminal and civil trial law.

Photo: Andy Brunner via unsplash

10 Years of emptywheel: Many Happy Rabbit Holes

Wow, it’s been ten years! Time sure flies when you’re having fun — and yes, some of us have a rather perverse sense of amusement, editors, contributors, and readers alike.

I’ve always enjoyed falling into yawning ‘rabbit holes’ begging for investigation. It’s often as frustrating as chasing an actual zippy white rabbit, the target evading capture. But following the trail, finding new leads, seeing the prey so far and so near — it can be exhilarating. Or it can be incredibly exasperating. No two investigative searches are ever the same, and emptywheel has offered some intense and heady chases over its ten years here.

Unlike the rest of my fellows here at emptywheel, I don’t have a Top 10 favorite posts. I do have three things which I am happy I had a chance to post here — my four-part series for The Angry Left, the timeline on Flint’s Water Crisis, and the post I wrote this past spring on WannaCry.

~ 3 ~

The Angry Left series was originally posted at Firedoglake but it needed to be revisited; it needs revisiting again even now as we work toward a revitalization of civics during resistance. Many new political groups have emerged, operating in parallel with the existing political parties. Their members need institutional knowledge from past organizing efforts to avoid making the mistakes of the past to become a more effective political force.

~ 2 ~

Flint’s Water Crisis timeline isn’t complete and remains a work in progress; there are a number of pieces still needed, and much of them come from this site’s community members who offered them in comments (I’m looking at you, harpie, especially — thank you). But even in its current condition, the timeline demands answers: what city and state officials were involved in the key decision on the night before the cutover, when Detroit’s water system made a last-ditch offer by email with a rate cheaper than the new Karegnondi pipeline’s water? Why was a pipeline to Saginaw, ~30 miles north, never suggested or evaluated, instead of the ~60-mile-long Karegnondi? How many Flint-originated cases of Legionnaires’ disease actually affected the state of Michigan besides the 12 known deaths in 2014-2015?

A new question emerged recently: why does Michigan’s attorney general Bill Schuette think he stands a chance as a gubernatorial candidate after failing to hold Governor Rick Snyder and his office accountable for the poisoning of an entire city, let alone failing to protect their interests before the poisoning began? Why has the state failed residential property owners in Flint after their property values crashed thanks to Snyder’s crappy governance?

The timeline was personal, too; my oldest adult child lived in Flint during the first two years of the water crisis, suffering a number of unusual health problems after the city’s water supply was cut over to the Flint River. We don’t know if or when health risks from exposure will end, for my eldest or the hundreds of children and their families who lived and continue to live in Flint.

~ 1 ~

This WannaCry post still haunts me; there are open questions which beg for answers, threats still hanging over head — this is one of the rabbits which has slipped away yet teases me to this day.

~ 0 ~

What do you think was the best of this ten years of emptywheel? Share your favorites in comments; we’d love to hear what you’ve found most interesting, educational, worthwhile.

And if you can afford it, please chip in to help keep the work you enjoy at emptywheel as independent as it has been this last ten years. We don’t take advertising dollars; this is a labor of love for our team of contributors. But bandwidth, server space, software maintenance and development cost money, and the more important our work is, the more likely it is to need more bandwidth and additional security to keep our work online, uninterrupted.

Thank you for making this ten years so worthwhile. We hope we’ll continue to see you in comments into the future at emptywheel.

Blogger since 2002, political activist since 2003, geek since birth. Opinions informed by mixed-race, multi-ethnic, cis-female condition, further shaped by kind friends of all persuasions. Sci-tech frenemy, wannabe artist, decent cook, determined author, successful troublemaker. Mother of invention and two excessively smart-assed young adult kids. Attended School of Hard Knocks; Rather Unfortunate Smallish Private Business School in Midwest; Affordable Mid-State Community College w/evening classes. Self-employed at Tiny Consulting Business; previously at Large-ish Chemical Company with HQ in Midwest in multiple marginalizing corporate drone roles, and at Rather Big IT Service Provider as a project manager, preceded by a motley assortment of gigs before the gig economy was a thing. Blogging experience includes a personal blog at the original blogs.salon.com, managing editor for a state-based news site, and a stint at Firedoglake before landing here at emptywheel as technology’s less-virginal-but-still-accursed Cassandra.

Anniversary Top Ten from Ed Walker

My first post at Emptywheel proper went up December 9, 2014; before that I wrote at FireDogLake alongside Marcy. One thing my poor eyes appreciate about this site is that it is ad-free. More important, the only effective way to get ads is through Google or some other placement site. I hate the idea that those people are making money off our work. I hope you will join me in keeping Emptywheel ad-free with your donations.

In making this list, I reread almost all of my posts and most of the comments. It made me realize just how long my posts are. Somehow they didn’t seem so long when I wrote them. I think most of them hold up pretty well. The discussion of the texts themselves seems quite good; but I would probably have somewhat different responses to the texts. The weakest posts are on Critical Theory, mostly because the ideas were unfamiliar and at the same time compelling.

One of the best parts of writing here is the excellence of the commenters. There have been a large number of insightful comments and suggestions that helped me in reading and understanding, and several which changed my mind. Other comments have fleshed out the weak parts of my discussions, which was very helpful in keeping me focused.

From oldest to newest, here are my top ten at EW

1. Paradigm Change Through Authority and Arguments About Truth

My first posts were about obvious weaknesses of neoliberal economic theory; lack of definitions of critical terms like market, for example. At the suggestion of a correspondent, I reread Thomas Kuhn’s The Structure of Scientific Revolutions and wrote several posts about the book. It served as a good jumping off point for a more detailed criticism of neoliberal economic theory. This post shows us contrasting views of change, Kuhn’s theory and another. With this post I took a small step towards a more theoretical analysis.

2. Mankiw’s Ten Principles of Economics Part 6: Markets Are Usually a Good Way to Organize Economic Activity

After reading Kuhn, I tried to create a paradigm of neoliberal economics based on Mankiw’s Ten Principles of Economics that every economist agrees are right, and then did a series on those ten principles. This one is typical. Mankiw doesn’t define “market”, and neither do Samuelson and Nordhaus. They just wave their hands. In contrast, I offer a definition.

3. The Great Transformation Part 3: Neoliberalism Before It Got Its New Name

I next did a series on The Great Transformation by Karl Polanyi. This post is typical. Polanyi discusses the part of the history of capitalism we lost in what C. Wright Mills called the Capitalist Celebration. This is an ugly picture of the past, and maybe the future, of work, and the attitude of the new feudal lords, the capitalists.

4. The Cost Of Equal Opportunity In A Neoliberal Economy

I shouldn’t have put Neoliberal in the title, but I think this is important. There is a limited number of jobs at any level of our economy. If some are given to a previously excluded group, some of the privileged group lose something real. This post uses me as an example.

5. The Origin of Totalitarianism Part 6: Totalitarian Propaganda

Hannah Arendt’s book fits nicely with Polanyi’s discussion of 19th Century capitalism and adds anti-Semitism and a deeper history of the rise of the Nazis. This post is especially relevant to today, when the Republicans are waging a war against reality and adopt crackpot theories.

6. The Origins of Totalitarianism: Conclusion

The comments are especially smart and valuable.

7. The Theory of Business Enterprise Part 2: Neoclassical Economists and Veblen

The next book was The Principles of Business Enterprise by Thorstein Veblen. This remarkable book knocks down neoclassical economists in favor of observations by a smart guy about the US capitalist system. All the forces he describes are still at work, and the current administration is trying to get us back to 1904.

8. Testing The Limits On Wealth Inequality

This post addresses the question of whether there are limits to wealth inequality as discussed in Capital In The Twenty-First Century by Thomas Piketty. After he wrote the book, he wrote a paper in which he shows how to use r > g to estimate a kind of limit. It’s very high.

9. An Economics For the Left

This post offers an economic platform for the left, something that I think is lacking. It turns on an unstated idea, that allocation of the production in any society is a matter of political choice, and in a democracy, everyone should have a voice in that choice. There’s a new textbook: Microeconomic Theory: A Heterodox Approach., suggested by Stephanie Kelton. Maybe change is really underway.

10. Liberal Bubbles and Conservative Elites

Not all my posts are about books; sometimes I go off on a rant. This one is about the stupid.

For good measure, here are two of my favorite posts from FireDogLake

1. What Should Obama Do For Us?

This was my first post at FDL, in September, 2008. The lefty side of the blogosphere, as we called it then, was all in for Obama, but made no demands in return for that support. In retrospect, I see that the problem was that there was no organized way to make demands, no leader to interact with the campaign, and no openness from the campaign to hear the hopes and prayers of all those small donors and door-bell ringers. We were irrelevant because we had no communication from the bottom up.

2. Oysters and Time

On Saturdays for a year, I wrote a short piece on a work of art. This was the first. I love this painting.

Notre Dame undergrad (math); JD, Indiana University at Bloomington; 1st Lieutenant, US Army.; private practice in corporate and securities law; Assistant AG in Tennessee for consumer protection and securities; Blue Sky Securities Commissioner, Tennessee; private practice, bankruptcy and corporate law.

I have had a lifelong interest in economics. For most of my career, that interest was practical, focused on the problems in front of me. Lately I have been more interested in economics as a theory, especially its impact on the lives of people like those I met in my bankruptcy practice, and on the politics of money in the US. I also enjoy reading philosophers, starting in college and steadily expanding my reading ever since. I wrote at FireDogLake for a number of years.

Generally, I think the problem facing the US is the dominance of neoliberal discourse. I think it clouds the vision, and limits the kinds of problems that can be identified and solved. For example, the existence and danger of climate change can easily be identified in a scientific discussion. However, the problem does not fit the neoliberal discourse because science insists that the pursuit of individual and corporate self-interest will lead to devastation. In neoliberal discourse, the pursuit of self-interest always leads to Eden.

The neoliberal project has two prongs. One is the police function of crushing dissent and alternative views. The police function is provided by government agencies and private and institutional actors. The counterpart is the economic system , which is operated by government and by private and institutional actors. Some of these actors operate in both spheres. I focus on the second prong.

A Dragnet of emptywheel’s Most Important Posts on Surveillance, 2007 to 2017

Happy Birthday to me! To us! To the emptywheel community!

On December 3, 2007, emptywheel first posted as a distinct website. That makes us, me, we, ten this week.

To celebrate, the emptywheel team has been sharing some of our favorite work from the last decade. This is my massive dragnet of surveillance posts.

For years, we’ve done this content ad free, relying on donations and me doing freelance work for others to fund the stuff you read here. I would make far more if I worked for some free-standing outlet, but I wouldn’t be able to do the weedy, iterative work that I do here, which would amount to not being able to do my best work.

If you’ve found this work valuable — if you’d like to ensure it remains available for the next ten years — please consider supporting the site.

2007

Whitehouse Reveals Smoking Gun of White House Claiming Not to Be Bound by Any Law

Just days after opening the new digs, I noticed Sheldon Whitehouse entering important details into the Senate record — notably, that John Yoo had pixie dusted EO 12333 to permit George Bush to authorize the Stellar Wind dragnet. In the ten years since, both parties worked to gradually expand spying on Americans under EO 12333, only to have Obama permit the sharing of raw EO 12333 data in its last days in office, completing the years long project of restoring Stellar Wind’s functionalities. This post, from 2016, analyzes a version of the underlying memo permitting the President to change EO 12333 without providing public notice he had done so.

2008

McConnell and Mukasey Tell Half Truths

In the wake of the Protect America Act, I started to track surveillance legislation as it was written, rather than figure out after the fact how the intelligence community snookered us. In this post, I examined the veto threats Mike McConnell and Michael Mukasey issued in response to some Russ Feingold amendments to the FISA Amendments Act and showed that the government intended to use that authority to access Americans’ communication via both what we now call back door searches and reverse targeting. “That is, one of the main purposes is to collect communications in the United States.”

9 years later, we’re still litigating this (though, since then FISC has permitted the NSA to collect entirely domestic communications under the 2014 exception).

2009

FISA + EO 12333 + [redacted] procedures = No Fourth Amendment

The Government Sez: We Don’t Have a Database of All Your Communication

After the FISCR opinion on what we now know to be the Yahoo challenge to Protect American Act first got declassified, I identified several issues that we now have much more visibility on. First, PAA permitted spying on Americans overseas under EO 12333. And it didn’t achieve particularity through the PAA, but instead through what we know to be targeting procedures, including contact chaining. Since then we’ve learned the role of SPCMA in this.

In addition, to avoid problems with back door searches, the government claimed it didn’t have a database of all our communication — a claim that, narrowly parsed might be true, but as to the intent of the question was deeply misleading. That claim is one of the reasons we’ve never had a real legal review of back door searches.

Bush’s Illegal Domestic Surveillance Program and Section 215

On PATRIOTs and JUSTICE: Feingold Aims for Justice

During the 2009 PATRIOT Act reauthorization, I continued to track what the government hated most as a way of understanding what Congress was really authorizing. I understood that Stellar Wind got replaced not just by PAA and FAA, but also by the PATRIOT authorities.

All of which is a very vague way to say we probably ought to be thinking of four programs–Bush’s illegal domestic surveillance program and the PAA/FAA program that replaced it, NSLs, Section 215 orders, and trap and trace devices–as one whole. As the authorities of one program got shut down by exposure or court rulings or internal dissent, it would migrate to another program. That might explain, for example, why Senators who opposed fishing expeditions in 2005 would come to embrace broadened use of Section 215 orders in 2009.

I guessed, for example, that the government was bulk collecting data and mining it to identify targets for surveillance.

We probably know what this is: the bulk collection and data mining of information to select targets under FISA. Feingold introduced a bajillion amendments that would have made data mining impossible, and each time Mike McConnell and Michael Mukasey would invent reasons why Feingold’s amendments would have dire consequences if they passed. And the legal information Feingold refers to is probably the way in which the Administration used EO 12333 and redacted procedures to authorize the use of data mining to select FISA targets.

Sadly, I allowed myself to get distracted by my parallel attempts to understand how the government used Section 215 to obtain TATP precursors. As more and more people confirmed that, I stopped pursuing the PATRIOT Act ties to 702 as aggressively.

2010

Throwing our PATRIOT at Assange

This may be controversial, given everything that has transpired since, but it is often forgotten what measures the US used against Wikileaks in 2010. The funding boycott is one thing (which is what led Wikileaks to embrace Bitcoin, which means it is now in great financial shape). But there’s a lot of reason to believe that the government used PATRIOT authorities to target not just Wikileaks, but its supporters and readers; this was one hint of that in real time.

2011

The March–and April or May–2004 Changes to the Illegal Wiretap Program

When the first iteration of the May 2004 Jack Goldsmith OLC memo first got released, I identified that there were multiple changes made and unpacked what some of them were. The observation that Goldsmith newly limited Stellar Wind to terrorist conversations is one another reporter would claim credit for “scooping” years later (and get the change wrong in the process). We’re now seeing the scope of targeting morph again, to include a range of domestic crimes.

Using Domestic Surveillance to Get Rapists to Spy for America

Something that is still not widely known about 702 and our other dragnets is how they are used to identify potential informants. This post, in which I note Ted Olson’s 2002 defense of using (traditional) FISA to find rapists whom FBI can then coerce to cooperate in investigations was the beginning of my focus on the topic.

2012

FISA Amendments Act: “Targeting” and “Querying” and “Searching” Are Different Things

During the 2012 702 reauthorization fight, Ron Wyden and Mark Udall tried to stop back door searches. They didn’t succeed, but their efforts to do so revealed that the government was doing so. Even back in 2012, Dianne Feinstein was using the same strategy the NSA currently uses — repeating the word “target” over and over — to deny the impact on Americans.

Sheldon Whitehouse Confirms FISA Amendments Act Permits Unwarranted Access to US Person Content

As part of the 2012 702 reauthorization, Sheldon Whitehouse said that requiring warrants to access the US person content collected incidentally would “kill the program.” I took that as confirmation of what Wyden was saying: the government was doing what we now call back door searches.

2013

20 Questions: Mike Rogers’ Vaunted Section 215 Briefings

After the Snowden leaks started, I spent a lot of time tracking bogus claims about oversight. After having pointed out that, contrary to Administration claims, Congress did not have the opportunity to be briefed on the phone dragnet before reauthorizing the PATRIOT Act in 2011, I then noted that in one of the only briefings available to non-HPSCI House members, FBI had lied by saying there had been no abuses of 215.

John Bates’ TWO Wiretapping Warnings: Why the Government Took Its Internet Dragnet Collection Overseas

Among the many posts I wrote on released FISA orders, this is among the most important (and least widely understood). It was a first glimpse into what now clearly appears to be 7 years of FISA violation by the PRTT Internet dragnet. It explains why they government moved much of that dragnet to SPCMA collection. And it laid out how John Bates used FISA clause 1809(a)(2) to force the government to destroy improperly collected data.

Federated Queries and EO 12333 FISC Workaround

In neither NSA nor FBI do the authorities work in isolation. That means you can conduct a query on federated databases and obtain redundant results in which the same data point might be obtained via two different authorities. For example, a call between Michigan and Yemen might be collected via bulk collection off a switch in or near Yemen (or any of the switches between there and the US), as well as in upstream collection from a switch entering the US (and all that’s assuming the American is not targeted). The NSA uses such redundancy to apply the optimal authority to a data point. With metadata, for example, it trained analysts to use SPCMA rather than PATRIOT authorities because they could disseminate it more easily and for more purposes. With content, NSA appears to default to PRISM where available, probably to bury the far more creative collection under EO 12333 for the same data, and also because that data comes in structured form.

Also not widely understood: the NSA can query across metadata types, returning both Internet and phone connection in the same query (which is probably all the more important now given how mobile phones collapse the distinction between telephony and Internet).

This post described how this worked with the metadata dragnets.

The Purpose(s) of the Dragnet, Revisited

The government likes to pretend it uses its dragnet only to find terrorists. But it does far more, as this analysis of some court filings lays out.

2014

The Corporate Store: Where NSA Goes to Shop Your Content and Your Lifestyle

There’s something poorly understood about the metadata dragnets NSA conducts. The contact-chaining isn’t the point. Rather, the contact-chaining serves as a kind of nomination process that puts individuals’ selectors, indefinitely, into the “corporate store,” where your identity can start attracting other related datapoints like a magnet. The contact-chaining is just a way of identifying which people are sufficiently interesting to submit them to that constant, ongoing data collection.

SPCMA: The Other NSA Dragnet Sucking In Americans

I’ve done a lot of work on SPCMA — the authorization that, starting in 2008, permitted the NSA to contact chain on and through Americans with EO 12333 data, which was one key building block to restoring access to EO 12333 analysis on Americans that had been partly ended by the hospital confrontation, and which is where much of the metadata analysis affecting Americans has long happened. This was my first comprehensive post on it.

The August 20, 2008 Correlations Opinion

A big part of both FBI and NSA’s surveillance involves correlating identities — basically, tracking all the known identities a person uses on telephony and the Internet (and financially, though we see fewer details of that), so as to be able to pull up all activities in one profile (what Bill Binney once called “dossiers”). It turns out the FISC opinion authorizing such correlations is among the documents the government still refuses to release under FOIA. Even as I was writing the post Snowden was explaining how it works with XKeyscore.

A Yahoo! Lesson for USA Freedom Act: Mission Creep

This is another post I refer back to constantly. It shows that, between the time Yahoo first discussed the kinds of information they’d have to hand over under PRISM in August 2007 and the time they got directives during their challenge, the kinds of information they were asked for expanded into all four of its business areas. This is concrete proof that it’s not just emails that Yahoo and other PRISM providers turn over — it’s also things like searches, location data, stored documents, photos, and cookies.

FISCR Used an Outdated Version of EO 12333 to Rule Protect America Act Legal

Confession: I have an entire chapter of the start of a book on the Yahoo challenge to PRISM. That’s because so much about it embodied the kind of dodgy practices the government has, at the most important times, used with the FISA Court. In this post, I showed that the documents that the government provided the FISCR hid the fact that the then-current versions of the documents had recently been modified. Using the active documents would have shown that Yahoo’s key argument — that the government could change the rules protecting Americans anytime, in secret — was correct.

2015

Is CISA the Upstream Cyber Certificate NSA Wanted But Didn’t Really Get?

Among the posts I wrote on CISA, I noted that because the main upstream 702 providers have a lot of federal business, they’ll “voluntarily” scan on any known cybersecurity signatures as part of protecting the federal government. Effectively, it gives the government the certificate it wanted, but without any of the FISA oversight or sharing restrictions. The government has repeatedly moved collection to new authorities when FISC proved too watchful of its practices.

The FISA Court’s Uncelebrated Good Points

Many civil libertarians are very critical of the FISC. Not me. In this post I point out that it has policed minimization procedures, conducted real First Amendment reviews, taken notice of magistrate decisions and, in some cases, adopted the highest common denominator, and limited dissemination.

How the Government Uses Location Data from Mobile Apps

Following up on a Ron Wyden breadcrumb, I figured out that the government — under both FISA and criminal law — obtain location data from mobile apps. While the government still has to adhere to the collection standard in any given jurisdiction, obtaining the data gives the government enhanced location data tied to social media, which can implicate associates of targets as well as the target himself.

The NSA (Said It) Ate Its Illegal Domestic Content Homework before Having to Turn It in to John Bates

I’m close to being able to show that even after John Bates reauthorized the Internet metadata dragnet in 2010, it remained out of compliance (meaning NSA was always violating FISA in obtaining Internet metadata from 2002 to 2011, with a brief lapse). That case was significantly bolstered when it became clear NSA hastily replaced the Internet dragnet with obtaining metadata from upstream collection after the October 2011 upstream opinion. NSA hid the evidence of problems on intake from its IG.

FBI Asks for at Least Eight Correlations with a Single NSL

As part of my ongoing effort to catalog the collection and impact of correlations, I showed that the NSL Nick Merrill started fighting in 2004 asked for eight different kinds of correlations before even asking for location data. Ultimately, it’s these correlations as much as any specific call records that the government appears to be obtaining with NSLs.

2016

What We Know about the Section 215 Phone Dragnet and Location Data

During the lead-up to the USA Freedom Debate, the government leaked stories about receiving a fraction of US phone records, reportedly because of location concerns. The leaks were ridiculously misleading, in part because they ignored that the US got redundant collection of many of exactly the same calls they were looking for from EO 12333 collection. Yet in spite of these leaks, the few figured out that the need to be able to force Verizon and other cell carriers to strip location data was a far bigger reason to pass USAF than anything Snowden had done. This post laid out what was known about location data and the phone dragnet.

While It Is Reauthorizing FISA Amendments Act, Congress Should Reform Section 704

When Congress passed FISA Amendments Act, it made a show of providing protections to Americans overseas. One authority, Section 703, was for spying on people overseas with help of US providers, and another was for spying on Americans overseas without that help. By May 2016, I had spent some time laying out that only the second, which has less FISC oversight, was used. And I was seeing problems with its use in reporting. So I suggested maybe Congress should look into that?

It turns out that at precisely that moment, NSA was wildly scrambling to get a hold on its 704 collection, having had an IG report earlier in the year showing they couldn’t audit it, find it all, or keep it within legal boundaries. This would be the source of the delay in the 702 reauthorization in 2016, which led to the prohibition on about searches.

The Yahoo Scan: On Facilities and FISA

The discussion last year of a scan the government asked Yahoo to do of all of its users was muddled because so few people, even within the privacy community, understand how broadly the NSA has interpreted the term “selector” or “facility” that it can target for collection. The confusion remains to this day, as some in the privacy community claim HPSCI’s use of facility based language in its 702 reauthorization bill reflects new practice. This post attempts to explain what we knew about the terms in 2016 (though the various 702 reauthorization bills have offered some new clarity about the distinctions between the language the government uses).

2017

Ron Wyden’s History of Bogus Excuses for Not Counting 702 US Person Collection

Ron Wyden has been asking for a count of how many Americans get swept up under 702 for years. The IC has been inventing bogus explanations for why they can’t do that for years. This post chronicles that process and explains why the debate is so important.

The Kelihos Pen Register: Codifying an Expansive Definition of DRAS?

When DOJ used its new Rule 41 hacking warrant against the Kelihos botnet this year, most of the attention focused on that first-known usage. But I was at least as interested in the accompanying Pen Register order, which I believe may serve to codify an expansion of the dialing, routing, addressing, and signaling information the government can obtain with a PRTT. A similar codification of an expansion exists in the HJC and Lee-Leahy bills reauthorizing 702.

The Problems with Rosemary Collyer’s Shitty Upstream 702 Opinion

The title speaks for itself. I don’t even consider Rosemary Collyer’s 2017 approval of 702 certificates her worst FISA opinion ever. But it is part of the reason why I consider her the worst FISC judge.

It Is False that Downstream 702 Collection Consists Only of To and From Communications

I pointed out a number of things not raised in a panel on 702, not least that the authorization of EO 12333 sharing this year probably replaces some of the “about” collection function. Most of all, though, I reminded that in spite of what often gets claimed, PRISM is far more than just communications to and from a target.

UNITEDRAKE and Hacking under FISA Orders

A document leaked by Shadow Brokers reveals a bit about how NSA uses hacking on FISA targets. Perhaps most alarmingly, the same tools that conduct such hacks can be used to impersonate a user. While that might be very useful for collection purposes, it also invites very serious abuse that might create a really nasty poisonous tree.

A Better Example of Article III FISA Oversight: Reaz Qadir Khan

In response to Glenn Gerstell’s claims that Article III courts have exercised oversight by approving FISA practices (though the reality on back door searches is not so cut and dry), I point to the case of Reaz Qadir Khan where, as Michael Mosman (who happens to serve on FISC) moved towards providing a CIPA review for surveillance techniques, Khan got a plea deal.

The NSA’s 5-Page Entirely Redacted Definition of Metadata

In 2010, John Bates redefined metadata. That five page entirely redacted definition became codified in 2011. Yet even as Congress moves to reauthorize 702, we don’t know what’s included in that definition (note: location would be included).

FISA and the Space-Time Continuum

This post talks about how NSA uses its various authorities to get around geographical and time restrictions on its spying.

The Senate Intelligence Committee 702 Bill Is a Domestic Spying Bill

This is one of the most important posts on FISA I’ve ever written. It explains how in 2014, to close an intelligence gap, the NSA got an exception to the rule it has to detask from a facility as soon as it identifies Americans using the facility. The government uses it to collect on Tor and, probably VPN, data. Because the government can keep entirely domestic communications that the DIRNSA has deemed evidence of a crime, the exception means that 702 has become a domestic spying authority for use with a broad range of crimes, not to mention anything the Attorney General deems a threat to national security.

“Hype:” How FBI Decided Searching 702 Content Was the Least Intrusive Means

In a response to a rare good faith defense of FBI’s back door searches, I pointed out that the FBI is obliged to consider the least intrusive means of investigation. Yet, even while it admits that accessing content like that obtained via 702 is extremely intrusive, it nevertheless uses the technique routinely at the assessment level.

Other Key Posts Threads

10 Years of emptywheel: Key Non-Surveillance Posts 2008-2010

10 Years of emptywheel: Key Non-Surveillance Posts 2011-2012

10 Years of emptywheel: Key Non-Surveillance Posts 2013-2015

10 Years of emptywheel: Key Non-Surveillance Posts 2016-2017

10 Years of emptywheel: Jim’s Dimestore

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including Vice, Motherboard, the Nation, the Atlantic, Al Jazeera, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse in Grand Rapids, MI.

10 Years of emptywheel: Jim’s Dimestore

As you saw in Marcy’s posts yesterday, emptywheel is celebrating the ten year anniversary of the move from The Next Hurrah to Firedoglake.   You will notice that the current version of the blog comes to you without ads. If you want this wonderful state of affairs to continue, contributions are a must. A new subscription option helps to make sure the hamsters keep turning the wheels on the magic blog-hosting machines and the ever more sophisticated mole-whacking machinery stays up to date.

Marcy’s outstanding work over the years has received great acclaim. A huge part of the success of the blog, though, has been its ongoing tradition of the best commenting community on the internet. Over the years, the conversations that have taken place on each seminal post have helped to decipher the meaning of cryptic government documents, bring in alternate views and point out new information as it breaks. In the end,  emptywheel isn’t just a blog, it’s a community. For all of your support and participation during these trying times, we thank you.

In keeping with the “10” theme, Marcy has a post highlighting her favorite surveillance posts over each of the last ten years. She has graciously allowed a few of us hangers-on to participate with posts of our own.  I haven’t been an official emptywheeler for all of those ten years.  I did spend a year as an evening editor at Firedoglake around the time of the migration from TNH, so I got to start my friendship with this group of writers and commenters around that time.  I’m going to list my favorite ten posts from the time I started posting here, shortly after the blog moved from Firedoglake to the independent site. Several of these posts link back to earlier work at MyFDL. Sadly, the archives of that work were imperfectly migrated to the Shadowproof successor to Firedoglake, and so searching for those is imperfect and many of the graphics are lost.

So here is Jim’s Dimestore listing my 10 favorite posts on Emptywheel.net, in chronological order:

DETAILS OF SILICON-TIN CHEMISTRY OF ANTHRAX ATTACK SPORES PUBLISHED; WILLMAN TUT-TUTS

Sandia National Laboratories image of attack spore. In the upper frame, silicon, in green, is found exclusively on the spore coat and not on the exosporium (outer pink border).

Perhaps my favorite topic over the years has been a technical analysis of the evidence presented by the FBI in its Amerithrax investigation. It is absolutely clear from this analysis of the anthrax attacks of 2001 that the FBI failed to demonstrate how Bruce Ivins could have carried out the attacks on his own. This post goes deep into the technical weeds of how the spores in the attack material were treated so that they would disperse easily and seem to float on air. The bottom line is that high amounts of silicon are found inside these spores. The silicon could not have gotten there naturally, and it took very sophisticated chemistry to get it there and treat it to make sure it stayed. Ivins had neither the expertise nor the equipment to achieve this highly advanced bioweaponization. Earlier work I did in this series showed that Ivins also could not have grown the anthrax used in the attacks.  My favorite candidate for where it was produced is an isolated lab built by the Defense Threat Reduction Agency on what is now called the Nevada National Security Site (formerly the Nevada Test Site) that Judy Miller described on September 4, 2001.  That article by Miller has always stood out to me as the ultimate limited hangout presented by DoD before the fact, where we see a facility of the perfect size for producing the amount of material used in the anthrax attacks. Those attacks occurred just a short time after the article was published. Miller’s assurance in the article that the site only was used for production of harmless bacteria sharing some characteristics with anthrax just never smelled right to me.

INTELLIGENCE AIDE FLYNN RE MCCHRYSTAL: “EVERYONE HAS A DARK SIDE”

When Michael Hastings’ article in Rolling Stone led to Stanley McChrystal’s firing, little did we know that this would be the beginning of the fall from grace for David Petraeus and his all-star band of torture enablers. These “operators”, as Hastings termed the team, relied on night raids and illegal detentions as the core of their counterterrorism initiatives in Iraq and Afghanistan. These foolishly evil practices fueled massive growth in the insurgencies in response. In this post, Flynn reveals to us that he felt McChrystal, and everyone else, has a “dark side”. As we now await fallout from Flynn’s guilty plea for his lies to the FBI about conversations with Russian Ambassador Kislyak (mainly, his testimony against the rest of Trump’s team), it appears that Flynn himself found the dark side to be quite compelling.

DESPITE METAPHYSICAL IMPOSSIBILITY, US GOVERNMENT REPEATEDLY ATTEMPTS RETROACTIVE CLASSIFICATION

Another favorite topic of mine over the years has been the utter futility of the military’s efforts to “train” troops in both Iraq and Afghanistan. It has been an endless sequence of the military getting countless “do-overs”, with Congress rolling over and believing every single utterance of “This time it will work for sure!”. Part of the military’s strategy in hiding their training failures was to keep changing how Afghan troops were counted and evaluated for combat readiness. A corollary to the futility of the training effort is the horrific death toll of “green on blue” attacks, where the Afghan or Iraqi trainees attacked and often killed those who were training them. When this problem got especially bad in Afghanistan in 2011, DoD commissioned a sociological analysis that returned a result the military did not like. The report indicated that the military was utterly failing to address vast cultural differences between Afghan and coalition troops.  The military, in its infinite wisdom, decided to classify the report, but did so after it already had been released in unclassified form.  Oops.

PERSIANS PUNK PHOTO PRETENDERS: PARCHIN PRETTY IN PINK

Detail from the photo carried in CNN’s story showing the pink tarp over the building said to contain the blast chamber.

Neocons have long lusted after violent regime change in Iran. Cooked up allegations on Iran’s nuclear capabilities have played a central role over the years in how they wished to achieve that war. Despite the neocons’ best efforts to sabotage negotiations, Iran agreed to a comprehensive set of severe restrictions on its nuclear capabilities in return for “dropping” (quotes because the US has claimed other grounds for maintaining other sanctions) the worst of the US sanctions that crippled Iran’s economy. Along the way, I had a ton of fun picking at two of the worst offenders in spreading anti-Iran propaganda: David Albright of the Institute for Science and International Security and George Jahn of AP. Reports that Iran had constructed a high explosives blast chamber at the Parchin military site became quite a point of argument. Albright spent countless hours scouring satellite images of the site and claimed the photographs showed that Iran was attempting to clean radioactivity from the site. Iran seemed to have a lot of fun with this process. I’m sure the pink tarps in the post here were added just to punk Albright. I maintained that the real evidence of what had taken place at the site couldn’t be scrubbed, because the accused activity would have resulted in the steel chamber itself being made radioactive throughout its entire thickness. Perhaps Iran made the same assessment, because once the IAEA gained access to the site, there was no steel chamber to be found. Was there ever a blast chamber there? Who knows? In the end, whether Iran carried out that work is immaterial, as the Joint Comprehensive Plan of Action has the most aggressive inspection regime ever agreed to by a country that hasn’t just lost a war.  We can rest assured that Iran has no capability at the current time of assembling a nuclear weapon, and the neocons are left to pout about diplomacy working better than their war ever could have. If you want to know why Donald Trump put Rex Tillerson in charge of dismantling the Department of State, look no further than the success diplomacy played in achieving the JCPOA.

JOHN GALT KILLS TEXANS IN MASSIVE FERTILIZER PLANT EXPLOSION

When a massive explosion in West, Texas killed 15 people, injured over 250 and destroyed 500 homes, it was clear to me who had killed these Texans: Ayn Rand’s mythical libertarian hero John Galt. How else do  you explain a site being allowed to store hundreds of thousands of pounds of ammonium nitrate with inadequate fire protection and fatally close to inhabited structures than the misguided libertarian belief that free enterprise should rule?  In the post, I pointed to the dangers inherent in the lack of zoning laws that allowed this fatal mixture of structures. As we later learned from the Washington Post,  John Galt’s influence on the destruction was decades in the making:

The plant was a mom-and-pop operation, a distribution center where farmers picked up custom mixes of fertilizer to boost crop yields. It was built in 1962 a half-mile outside West. As the harvests grew, so did the town. In 1967, the rest home opened 629 feet from the plant. In the early ’70s, a two-story apartment complex was built even closer. Then a playground and basketball court, a mere 249 feet away.

We learned last year that ATF has determined that the fire that preceded the blast was intentional.  So while we don’t know who started the fire itself, we know for a fact that, ultimately, it was John Galt who killed these 15 Texans.

US DRONE STRIKE IN PAKISTAN REEKS OF POLITICAL RETALIATION YET AGAIN

The current concern that Donald Trump will lash out in fury with a nuclear strike, somewhere, anywhere, just to vent his anger over Mueller’s noose tightening over his entire administration is not the first time that it was appropriate to be concerned about an  enraged high-ranking government official killing innocent people. In the case of John Brennan, poorly targeted rage attacks carried out as retaliation for a perceived wrong happened repeatedly. In the post linked here, a drone strike in Pakistan’s tribal area seemed timed as retaliation for Pakistan refusing to reopen supply routes that had been closed six months earlier when the US killed 24 Pakistani troops in an erroneous attack. The post goes on to detail other rage drone strikes that Brennan ordered, with the worst probably being the killing of over 40 people who were simply gathered to discuss mineral rights. That strike was carried out the day after the CIA’s Raymond Davis was finally released and was clearly carried out without proper evaluation of targeting criteria, as it seems few if any actual terrorists were killed.

NO, WE AREN’T ALL GOING TO DIE BECAUSE EBOLA PATIENTS ARE COMING TO US FOR TREATMENT

image.ppat.v04.i11.g001

Scary, color-enhanced electron micrograph of Ebola virus particles. Creative Commons license courtesy of Thomas W. Geisbert, Boston University School of Medicine.

The Ebola outbreak in 2014 led to widespread fear in the US, especially when it was announced that medical personnel who had been treating Ebola patients in Africa and became infected would be transported to Atlanta for treatment. There was no appreciation for how the disease actually is spread, what the conditions were where the medical workers became infected in Africa and how such spread would be much less likely in a properly run US hospital. A poorly run hospital in Texas, however, did manage to have personnel treating Ebola acquire infections. Of course, the treatment at CDC in Atlanta was carried out without incident, and the virus did not spread in the US, even after the Texas hospital had its initial failure. In fact, as the virus wound down, those who study and understand the virus were shown to have been completely correct in their analysis when they modeled how large the outbreak would get before receding once proper intervention was carried out. But the fears of Ebola wiping out the US weren’t the only bit of bad science that had to be knocked down during the outbreak. Conspiracy theories started spreading that the Ebola virus in the 2014 outbreak had been genetically engineered in a bioweapons lab and was accidentally released from a lab in Africa. DNA sequence analysis quickly debunked that one.

WASHINGTON POST FAILS TO DISCLOSE HEINONEN’S UANI CONNECTION IN ANTI-IRAN OP/ED

Yes, the Iran nuclear agreement is so important that it is the only topic repeated in my ten favorite posts. In this post, we are in the time just a few months before the agreement is finalized, and the neocon opponents of the deal are reaching a fever pitch. The post outlines a horrible failure of full disclosure by the Washington Post. This occurred after Bezos purchased the paper, but clearly was a failure of beating back the darkness in which democracy dies. In this case, the Post carried an op-ed opposing the Iran deal. Besides allowing an incendiary headline (The Iran Time Bomb) and giving voice to Michael Hayden and neocon nightmare Ray Takeyh, the Post made its biggest failure regarding the middle author, Olli Heinonen. The Post allowed Heinonen to identify himself only by his current Harvard affiliation and his former role in IAEA. What is left out of that description is that Heinonen was also playing a prominent role on the Advisory Board of United Against Nuclear Iran, shadowy group with even more shadowy funding sources. Somehow, in the course of its “advocacy” work against Iran, UANI had come into possession of US state secrets that suddenly allowed it to avoid a civil case for defamation of a businessman they accused of breaking sanctions against Iran. Why, yes, of course the New York Times also allowed Heinonen to deceptively carry out his work on their pages, too. This time it was in a “news” story that came out shortly after the UANI civil court case was dismissed when the judge stated the case could not proceed because of the state secrets involved. Of course, even after more than two and a half years, neither the Washington Post nor New York Times have admitted their omissions in describing Heinonen’s affiliations in the cited articles. It is really remarkable that diplomacy defeated this full court press by the neocons who were working with the full cooperation of the media.

WAVING THE CONSTITUTION AT THOSE WHO IGNORE IT

I waved my pocket copy of the Constitution at Nancy Pelosi on July 19,2008. Khizr Khan waved his at Donald Trump on July 28,2016.

I waved my pocket copy of the Constitution at Nancy Pelosi on July 19,2008. Khizr Khan waved his at Donald Trump on July 28,2016.

I haven’t written much in the last couple of years, but I just couldn’t avoid writing this one only ten days after surgery to replace my aorta. When I saw Khizr Khan’s appearance at the Democratic National Convention, I was really moved when he waved his pocket copy of the Constiution at Donald Trump. I had done the same thing in July of 2008 when Nancy Pelosi appeared at Netroots Nation in Austin. I was waving my Constitution at Pelosi to remind her of her failure to impeach George W. Bush and Dick Cheney for their roles in torture and illegal wars. Khan was calling out Trump for his campaign promises that so clearly violate the Constiution. Sadly, Trump has followed through in enforcing many of those policies Khan warned us about and we are left without much more recourse than continuing to wave our Constitutions at those who violate it on a daily basis.

ON JULY 2016 PANEL, GEORGE PAPADOPOULOS USED SAME COVER ORGANIZATION AS JOSEPH MIFSUD 

My one minor contribution so far to the unfolding saga of Russian influence on the 2016 election was prompted by noticing a photo in my Twitter stream shortly after the George Papadopoulos plea agreement was made public. What initially caught my eye was that my Congressman, Ted Yoho, was in the photo with Papadopoulos while both appeared in a panel discussion in Cleveland in July of 2016. However, once I started digging into the circumstances of the photo, I discovered that when he appeared for the panel, Papadopoulos claimed an affiliation with an entity that was also an affiliation for the shadowy Joseph Mifsud. We still don’t have a satisfactory explanation of how these two came to have a shared cover organization where it seems both Papadopoulos and Mifsud had positions that were grossly inflated with respect to their previous career accomplishments. I still think that if we ever discover who was behind these two getting such inflated positions, we will learn much about who might have been orchestrating later events in which these two played roles.

Many years ago, Jim got a BA in Radiation Biophysics from the University of Kansas. He then got a PhD in Molecular Biology from UCLA and did postdoctoral research in yeast genetics at UC Berkeley and mouse retroviruses at Stanford. He joined biosys in Palo Alto, producing insect parasitic nematodes for pest control. In the early 1990’s, he moved to Gainesville, FL and founded a company that eventually became Entomos. He left the firm as it reorganized into Pasteuria Biosciences and chose not to found a new firm due a clash of values with venture capital investors, who generally lack all values. Upon leaving, he chose to be a stay at home dad, gentleman farmer, cook and horse wrangler. He discovered the online world through commenting at Glenn Greenwald’s blog in the Salon days and was involved in the briefly successful Chris Dodd move to block the bill to renew FISA. He then went on to blog at Firedoglake and served a brief stint as evening editor there. When the Emptywheel blog moved out of Firedoglake back to standalone status, Jim tagged along and blogged on anthrax, viruses, John Galt, Pakistan and Afghanistan. He is now a mostly lapsed blogger looking for a work-around to the depressing realization that pointing out the details of government malfeasance and elite immunity has approximately zero effect.

Living Without Shame is a Political Act

What we lost when we lost Fred Hampton

Every year on December 4th I tell people about what was done to the 21-year old revolutionary, Fred Hampton, by the government of America and his city of Chicago in 1969. But this year I wanted to talk about what Fred Hampton gave us before he was assassinated, and maybe what he could have given us if he’d lived.

The facts of the case are extensively stated elsewhere, and you can find them with ease. The simple version is this: Chicago police working with FBI went into the apartment he was in, and shot him repeatedly. They shot him until he was good and dead. But I don’t want to focus only on that, because it doesn’t do justice to Fred Hampton or what he was part of.

Hampton was a charismatic leader of the Black Panther Party in Chicago. The Black Panthers are a tough subject to this day, and there will most likely be people even in the comments of this article claiming that they were evil and violent and that their demise was justified. There’s a lot of reasons the greater portion of America would have hated and feared the BPP, and still does. The Black Panthers were communists at a time when communism was practically synonymous with Satanism in America. They were black liberationists at a time when much of white America was still freshly wounded by the loss of Jim Crow segregation. They refused to lay down tools of violence, originally constituting themselves as a party of self-defense particularly in areas where police brutality was killing black folk, and they frightened police with a promise that they’d shoot back.

But contrary to much of the narrative about them constructed in the FBI’s COINTELPRO operation against the BBP, the group wasn’t focused on violence. There were a few people unhinged, because there are always a few people unhinged. But on the whole the people who joined the BPP were utopian and revolutionary, and they spent more time, money, and energy building the society they wanted than shooting at the one that opposed them. They were politically astute and moral actors, setting up children’s breakfast programs and health clinics in cities across America. None more exemplified the hopeful and bright part of the Black Panthers than the brilliant Hampton, barely a grown man at the time. Think about what you were like at 20, and then think about a man without any advanced education, organizing in Chicago, coordinating aid, and uplifting people with speeches that would immortalize him and inspire generations.

Pretty good, right? He scared the living shit out of white people.

Whether Hoover and the other old guards of the white establishment were conscious of it or not, I believe the reason they hated the BPP so much, and Fred Hampton in particular, was that they refused to be ashamed. It was in everything Fred Hampton and many other panthers did. They didn’t dress in suits. They wore what they wanted to, groomed like they found themselves attractive as god made them. They spoke the English they used to communicate with each other, not the Ivy League dialect that helped make black activism easier to swallow for white folk. Their language was rich and evocative and brimmed with their emotions; a language that treated black people’s emotions as if they mattered. They celebrated themselves. Fred Hampton in particular thought so much of himself that he believed he had the right to be magnanimous to white people. He famously called for white power for white people, just one more category among many others, and invited us to be part of his vision for a socialist utopia.

He had no shame, he needed no shame. After hundreds of years of oppression he was happy to call all men his equals and companions, and afford to others the dignity he claimed for himself.

I don’t think it’s easy for most people to understand how much this would make powerful white people hate him. It is no mere repudiation of racism and capitalism. For people like Hoover, that old white establishment, it was an invalidation of reality, the order of things upended. It was worthy of any violence, any evil, to end that damned presumption, to put all the people back in their places. It was worth it to break all the laws and kill the motherfucker before he spoke another word to us, so that’s what they did. They took him away from the BPP, the black community, and the world. They tried to bury his name with him. They tried to bury his ideas and make them never matter, but in that, they failed.

Working in queer activism through the 90s, I started to understand the political mechanics of shame. As the co-president of my college’s LGBTSU, when the issue of what letters to add or subtract came up, I cut the conversation short by renaming our organization Pride. I wasn’t the first or only young queer activist to do this, the queer movement had learned the power of rejecting shame from black and feminist activism. Nothing about what was between our legs or what we did with our bodies was for you to judge. We rejected that judgement, and whether to talk about our bodies, our loves, and our sexy times, or not, became simply a personal choice.

I didn’t know about Fred Hampton, or the Black Panther Party, when I did that, but having learned my history, I don’t believe I would have had the tools to do it without them. I never became a communist or a socialist,and I don’t believe everything the BBP and Hampton did about the world. But I became a utopian, and I respect the heart it takes to be utopian. To act on being utopian makes you a revolutionary, and thus Hampton and the BPP were fated to live and die revolutionaries without their revolution. They paid terribly to give their ideas to the world. And none more than the brilliant, beautiful 21-year-old Hampton, assassinated in his sleep next to his pregnant partner, never to see his child in this world.

Every year I cry about that. Every damn year.

He’s good and dead now. I’m so sad that the old scared and twisted white men of power never let us hear him, see what he would have made. But we aren’t dead, and Hampton reaches across time to us through his speeches, through his particular utopianism, and charges us to speak our truths, without shame. To elevate each other in our endless varieties, without shame. To unashamedly fight for utopias and not settle for small lives. To believe without shame, to love without shame.


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Quinn Norton is a writer who likes to hang out in the dead end alleys and rough neighborhood of the Internet, where bad things can happen to defenseless little packets. She writes about hackers, humans, bodies, technologies, and internets.

“Useless in terms of… tactical details” -Stratfor