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JD Gordon Says Any Investigators He’s Been Speaking with, He’s Been Honest

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On Monday, I noted that the George Papadopoulos plea deal presented a big problem for Jeff Sessions, as Papadopoulos’ description of a March 31, 2016 meeting made it clear Sessions did know of people reaching out to Russia, contrary to what he has repeatedly stated in sworn testimony. As others caught up to that reporting, and as the Senators that Sessions lied to started pressuring him to fix his past stories, Sessions’ surrogates started pushing back.

At first, that came in the form of anonymous claims that Sessions shot down the idea of setting up a meeting with the Russians. As the week progressed (and as I bitched on Twitter that there was no reason to give anonymity to people who were trying to clear up Sessions’ perjury for him), Trump campaign advisor JD Gordon started going on the record saying the very same things that had previously been said anonymously — sometimes in unmarked updates of the very same articles.

“He went into the pitch right away,” said J. D. Gordon, a campaign adviser who attended the meeting. “He said he had a friend in London, the Russian ambassador, who could help set up a meeting with Putin.”

Mr. Trump listened with interest. Mr. Sessions vehemently opposed the idea, Mr. Gordon recalled. “And he said that no one should talk about it,” because Mr. Sessions thought it was a bad idea that he did not want associated with the campaign, he said.

For the purposes of the Russian inquiry, Gordon is the guy who changed the plank of the Republican platform to be less aggressive towards Russia (one part of the scandal that — as I have written — I think Democrats have overblown).

But longterm readers of this blog may remember that JD Gordon is the guy who, as a press officer covering Gitmo, trumped up a sexual harassment claim against Carol Rosenberg out of her tendency to swear, at him. At one point, Gordon claimed that, “I’ve been abused worse than the detainees have been abused;” at another he accused Rosenberg of “use of profanity that would make even Helen Thomas blush.”

In other words, Gordon has a history of ginning up false claims to try to shut down reporting.

Given Gordon’s rush to explain away the implications of the Papadopoulos plea, I’d like to focus closely on what Sky News bills as an Exclusive interview (for some reason placed with an overseas Murdoch outlet rather than one which might attract more attention here in the states) with Gordon explaining the meeting.

In addition to making the now-familiar claim that Sessions (Gordon’s boss on the campaign) shot down Papadopoulos’ offer to broker a meeting with Putin, Gordon makes a number of other remarkable claims. First, he suggests that, rather than severing any relationship with Papadopoulos (presumably because they were so opposed to the idea of chumming up to Russia), the Trump presidential campaign instead decided to appease a 30-year old nobody so he didn’t embarrass the campaign.

Mr Gordon described Mr Papadopoulos as a “peripheral figure” but someone who “they wanted to appease and not upset, at the same time as reining him in so that he doesn’t embarrass the campaign.”

The only reason you’d have to keep Papadopoulos around and appeased is if he had information that could compromise the campaign. You know, the kind of information he spent 2 months secretly sharing with the FBI?

Gordon then claimed that the reported continued conversations between Papadopoulos and campaign officials about meetings with Russia amounted to Papadopoulos going behind his and Sessions’ backs.

Mr Gordon said he was in a paid role and more senior to Mr Papadopoulos, but claims the 30-year-old advisor went behind his back.

He told Sky News: “I was very surprised that we’re still hearing about it today, because I had no idea that George was going around me, and going around Senator Sessions – his actual chain of command – to pitch this idea to others on the campaign who maybe weren’t there that day, or maybe weren’t paying attention to others.”

Gordon knows nothing and neither does Sessions, I guess.

Gordon then claims that he can’t say about Trump what the stories in which an anonymous source who has said all the same things Gordon has on the record in this interview because he has a Non-Disclosure Agreement.

Mr Gordon said he could not discuss what Mr Trump said when the Russian meeting was raised because of a non-disclosure agreement, but added that the President certainly did not say “yes” to the idea.

Next, Gordon claims to have no idea why Papadopoulos would lie about setting up a meeting because that, in and of itself, wouldn’t have been illegal.

“Which is why it’s such a mystery why George Papadopoulos… would lie to the FBI about his meetings with Russians when they weren’t illegal.

“Maybe a bit shady, but they weren’t illegal.”

Curiously, Gordon doesn’t mention that Papadopoulos’ interlocutors have all the markings of Russian handlers. Nor does he mention that Papadopoulos also lied to hide whether and what he told the campaign about the “dirt” that had been floated, in the form of thousands of Hillary emails. Based on this remarkably incomplete representation of the substance of Papadopoulos’ plea, Gordon insists that allegations Trump cozied up to Russians for help getting elected in exchange for the softening of policies against Russia are a great big hoax.

Mr Gordon described the notion of the Trump campaign colluding with Russia in the 2016 US election as “the biggest hoax in history”.

He said: “There is a lot of smoke and mirrors. The smoke you see is people lighting Trump associates on fire, trying to make a story.”

He blames Hope Hicks, who will soon but has not yet testified to the grand jury, for making the campaign’s discussions with “lots” of Russians look nefarious.

He alleged that Mr Trump’s former press secretary and now White House head of communications, Hope Hicks, had made the situation worse by making unequivocal statements suggesting the campaign had not spoken to Russians when they had.

He claimed the campaign spoke to lots of Russians “but there was nothing nefarious.”

In other words, the guy who claimed a woman who swears sexually harassed him in an effort to shut down a super reporter tells a partial story in an attempt to claim there’s no there there, and blames another woman in the process. Fuck. The same guy claims these meetings and conversations were set up behind his back but admits he knows there were lots of them.

Here’s the part I find most interesting about Gordon’s remarkable interview, though. He dodges when asked whether he has testified or cooperated or what, though makes it clear he has been speaking with investigators.

When asked about whether he was co-operating with the FBI or special counsel Robert Mueller, he said: “I can just say that any investigators that I’ve been speaking with, clearly I’ve been truthful… there’s nothing to hide.

As I noted on Monday — in observing Victoria Toensing’s failed efforts to make Sam Clovis’ testimony to the grand jury look innocuous in advance of his now withdrawn confirmation for a USDA position — and described further to On the Media this week, from this point forward, we should expect those who have been interviewed by the FBI or grand jury to use the press to telegraph what they’ve said, so others can coordinate that story (though usually they do so through hack lawyers like Toensing, not directly). It’s a legal way to compare notes.

I’ve also noted that, at least as of October 18, Jeff Sessions was dodging bizarrely about whether he had been formally asked for an interview. Mind you, that was over two weeks ago, so who knows what has transpired since?

Ah well, if Sessions hasn’t testified yet, he now knows what Gordon told the authorities.

Because I do take Gordon’s comments to be confirmation that he has spoken with the authorities.

Which is interesting given this detail from the affidavit the FBI wrote a month ago explaining why they wanted to seal any notice of Papadopoulos’ plea deal.

The investigation is ongoing and includes pursuing leads from information provided by and related to the defendant regarding communications he had, inter alia, with certain other individuals associated with the campaign. The government will very shortly seek, among other investigative steps, to interview certain individuals who may have knowledge of contacts between Russian nationals (or Russia-connected foreign nationals) and the campaign, including the contacts between the defendant and foreign nationals set forth in the Statement of Offense incorporated into the defendants plea agreement.

If it wasn’t already obvious from the Sam Clovis grand jury timing, the Special Counsel hid the plea from those who might have their own stories to tell about “contacts between Russian nationals (or Russia-connected foreign nationals) and the campaign,” which Gordon admits (while pretending such efforts happened behind his and Sessions’ backs) were numerous, because they planned to “very shortly seek” to lock in those claimed stories.

And those who, like Clovis, appear to have told stories that deviated from the one Papadopoulous told may now be in the same kind of legal pickle that Papadopoulos found himself on July 27, when confronted with evidence that he had lied.

The question is whether JD Gordon is finding himself in the same kind of pickle based on post-Papadopoulos testimony that Clovis appears to be, or whether he just wants Jeff Sessions to know what story he told.

Despite Metaphysical Impossibility, US Government Repeatedly Attempts Retroactive Classification

On Friday, I noted that the New York Times had dutifully repeated information from military sources who had provided them with a “classified” report (pdf) on how cultural differences between NATO troops and Afghan troops are resulting in increasingly frequent killings of coalition troops by coalition-trained Afghan troops.  On Friday morning, the Times put up a correction, noting that the Wall Street Journal had published an article about the May 12, 2011 report on June 17, 2011.

I mentioned in my Friday post that the Wall Street Journal article included a link to what was said to be a copy of the report, but that the link was now dead. It is quite curious that the Journal article would have that link, as the opening sentence mentions that the report is classified. In comments on the post, Marcy Wheeler posed the question of whether the study “was intentionally buried after the WSJ story? Maybe that’s what NYT’s claim that it is classified is about?” So, in other words, was the study retroactively classified because of the Wall Street Journal article?

With only a little searching after reading both the New York Times and Wall Street Journal articles, I found what appeared to be a complete copy (pdf) of the same report (or at least a copy with the same title and number of pages), clearly stamped “UNCLASSIFIED” at the top and bottom of each page. Several hours after my post was published, the Times added a second correction to their story:

The article also referred incompletely to the military study’s secrecy. While it was classified, as the article reported, it was first distributed in early May 2011 as unclassified and was later changed to classified. (The Times learned after publication that a version of the study has remained accessible on the Internet.)

So it turns out that Marcy’s hunch was correct. The report initially was published as unclassified and then later classified, in a clear case of retroactive classification. There is perhaps just a hair of wiggle room in the Times’ statement that “a version of the study has remained accessible on the internet”, providing for the remote possibility that there are differences between the “classified” version provided to the times and the complete version on the internet, but that seems highly unlikely. The copy on the internet is almost certainly a copy from the time period when the study clearly was unclassified.

This sequence of events also is confirmed somewhat in the Wall Street Journal article itself: Read more

The Beat from Hell: Carol Rosenberg’s Decade Covering Gitmo

For the record, Carol Rosenberg has been covering Gitmo for more than the decade that has elapsed since she arrived there on January 9, 2002 to cover the impending arrival of the first war on terror detainees. She filed this story on March 22, 1999 and another a month later for the Charlotte Observer, when she covered the de-mining of the island.

This is “Gitmo,” 45 square miles of U.S.-controlled territory stranded in a time warp and shrinking in resources in the post-Cold War era. Two years ago, it had 6,000 residents, both military and civilian; it will have half that later this year.

Formally called the U.S. Naval Station at Guantanamo Bay, this hemisphere’s last outpost against Communism also is a curious island of Americana on the eastern end of Cuba.

[snip]

Since [Base Commander Larry] Larson arrived two years ago from the Naval War College, the former test pilot has presided over a campaign of cutbacks and downsizing – in keeping with a military-wide austerity kick caused by the collapse of the Iron Curtain.

When he arrived, about 6,000 people – both civilian and military – lived and worked out of some 1,890 buildings, ranging from World War II vintage pump houses to bachelors’ quarters. Their budget was $41 million.

By October 1999, he plans to operate only out of 900 buildings, to cut the budget to $24 million and the population to about 2,500.

But it was 10 years ago today when Rosenberg first started covering the base’s use as a prison for alleged terrorists. As I’ve heard others who have made the trip explain, Rosenberg is now the institutional memory of the place, often describing what a space was used for years before DOD’s current press minders ever showed up. Or, as she described in a National Press Club speech last year, what the rules used to be for journalists and attorneys.

It’s a place the Pentagon likes to call the most transparent detention center on Earth. Hundreds of reporters have visited there, they say, since the first al Qaida suspects arrived eight years ago.

They skip the part about how few go back more than once — stymied by the sheer frustration at the rules, the hoops, the time, and the costs of doing basic journalism. Being a court reporter. Writing a feature story. Conducting an interview.

Read more

GITMO: The Same Old New Opaque Transparency

Last week we wondered what the appointment of the “new and improved” Gitmo Commander, Army Brig. Gen. Mark Martins, would mean for the military commission system and upcoming big terror trials for the likes of al-Nashiri and KSM, and what it meant for the press coverage. Well, predictably, it appears to be rendering the same old same old.

Carol Rosenberg brings us the latest:

The website was unveiled last month to rehabilitate the reputation of the Guantanamo war court. So far it’s a hodgepodge of secrecy _ and still a work in progress, according to Defense Department officials, while clerks, lawyers and the intelligence community haggle behind the scenes over what the public can see.

It’s been more than a year in the making and the Pentagon has yet to reveal its cost. Every screen bears the slogan “fairness, transparency, justice.”

But a review of the content has found that it pointedly leaves out some of the key controversies that have bedeviled the war crimes trials, from allegations of torture to a comparison of the Seminole Indian tribe to al Qaida.

Disappointing, to say the least, but par for the course for the Gitmo experience. And, let’s be clear, it is not that they just haven’t had time to “work the kinks out” as this project has been underway for well over a year. And there is fantastic experience to draw from in the way of the Federal Court system’s PACER system. There are simply not that many detainees in total, much less defendants, to be entered into the system. The still dysfunctional and unusable system is the result of indifference, if not outright intent. As there will be no trials until next year at the earliest, maybe the situation can be remedied in time; but that will require the actual intent to do so. And that seems in short supply.

What I suspected would be the case has now been confirmed, namely that the “broadcast” of the commission trials will be a restricted joke. Again from Carol and the Miami Herald:

Pohl, the chief military commissions judge, assigned himself to the case, according to Defense Department sources, and chose the late October date to give the government time to finish a close-circuit feed site at Fort Meade, Md., outside Washington, D.C.

Up to 100 reporters could watch the Guantánamo arraignment on a 40-second delay under the new Fort Meade hook-up being inaugurated with the Cole trial to ease demand on a crude media tent city at the remote Navy base in southeast Cuba, which can accommodate 60 journalists.

There also will reportedly be a feed for a select few of the victims’ families. But zilch for the broader press, and nothing for the public. Just as with the suggested benefits and propriety of transparency on the targeting of American citizens for assassination, it would place the United States on a higher moral plane and demonstrate resolve and ethics to demonstrate to its citizens, and those of the world, that it is indeed providing a fair and just trial process for the detainees.

Necessary steps can easily enough shield that which must be, there is no reason not to show what this country stands for. Open and public justice is the best justice. Unless, that is, what we really stand for is not particularly just.

Cover-up Specialist Mark Martins Chosen as Gitmo Chief Prosecutor

Brigadier General Mark Martins, CEO of Cover-ups R Us.

On Sunday, Carol Rosenberg informed us that there will be a new Chief Prosecutor in charge of military commissions at Guantanamo:

The Obama administration’s handpicked choice to run prosecutions at the Guantánamo war crimes court is pledging a new era of transparency from the remote base, complete with near simultaneous transmissions of the proceedings to victims and reporters on U.S. soil.

Army Brig. Gen. Mark Martins made the disclosure in a profile published Sunday in the Weekly Standard that likened the West Point, Oxford and Harvard Law graduate to a James Bond-style problem solver. It also cast Martins as “The Rebrander” of the at-times denounced military commissions system, which Barack Obama scorned as a candidate and senator then reformed with Congress as president.

Despite the Weekly Standard’s fawning profile of Martins as some sort of savior to the system who will lend an air of legitimacy to the military commissions, Martins is in reality a hack who is dragged out periodically by the Pentagon to cover up its worst abuses. Martins was chosen by Obama to head the committee that attempted to re-brand indefinite detention as legal, has served as Commander and Deputy Commander of JTF 435, the notorious JSOC group charged with running detention programs in Afghanistan, has served as legal adviser to David Petraeus, and, in the most outrageously named position of all, now commands “the newly established Rule of Law Field Force-Afghanistan”.

Here is how Martins’ recent positions are spun in his official biography from which I took the quote on his current position:

Brigadier General Martins assumed command of the newly established Rule of Law Field Force-Afghanistan on 1 September 2010. During the previous year, he served as the first Commander of Joint Task Force 435 and then as its first Deputy Commander upon Senate Confirmation of Vice Admiral Robert Harward. In these roles, Brigadier General Martins led the effort to reform United States detention operations in Afghanistan. Immediately prior to his deployment to Afghanistan, Brigadier General Martins co-led the interagency Detention Policy Task Force created by the President in January 2009.

Martins’ career, then, consists of using his “West Point, Oxford and Harvard Law” degrees to cover up the blatantly illegal indefinite detention policy of the US, along with justifying torture and improper arrest of civilians in night raids in Afghanistan.

Back in April of 2010, I described how Martins had been chosen first to review detention policy and then to go to Afghanistan to implement the “new” policy he had designed. Here is how that description ended:

I fail to see how the process described above is any kind of improvement in achieving release of prisoners who have been improperly detained. This description of the process also serves to expose as a sham the entire Special Task Force’s charge of improving how the US handles prisoners. And right in the middle of this mess is Obama’s hand-picked (through Gates) architect of the process, who now is dutifully overseeing its implementation.

There is no getting around the fact that it would have been known that Martins would come up with a program designed to continue the efforts to cover up the imprisonment of innocent citizens. As I noted above, his previous assignments overlap with previous significant cover-ups. Also, as just one more example, Martins wrote an article (pdf) in 2004 that lovingly described the legal justification for the Commander’s Emergency Response Program (CERP) in Iraq. This program was in reality so loosely set up that it has been the subject of significant attention for misuse of funds.

So while there is perhaps an improvement of conditions for reporters such as Rosenberg who will be covering the proceedings of the military commissions with the advent of near real-time broadcasts of the hearings, don’t expect any sudden changes in favor of the rule of law. Mark Martins has built his career around covering up the worst of Pentagon abuses and he now is in charge of covering up what can be considered its most prominent legal quagmire. Martins was chosen for this position precisely because the Pentagon knows it can count of him to promote the status quo while lending a false air of legitimacy.

Will a Role in Afghan Peace Negotiations Trump Indefinite Detention?

The Telegraph reports that a High Peace Council convened by Hamid Karzai may request that some Gitmo detainees be freed so they can participate in peace talks. (h/t Carol Rosenberg)

Taliban prisoners would be freed from Guantánamo Bay to potentially join peace negotiations under a proposal from the Afghan council appointed to find a settlement to the insurgency.

[snip]

The 68-strong High Peace Council was inaugurated by Hamid Karzai last month to pursue a twin-track strategy of reaching out to Taliban leaders while coaxing foot soldiers from the fight.

Mullah Rahmani, an education minister in the Taliban regime, heads a group of former Taliban on the council and chairs a subcommittee on political prisoners.

[snip]Mullah Rahmani said he wanted influential prisoners freed from American and Pakistani custody as a confidence-building gesture and potentially to join talks.

[snip]

He said: “We could use these people in negotiation. They have good contacts and are trusted by the Taliban.” Khairullah Khairkhwa, Taliban governor of Herat province until 2001, and Mullah Mohammad Fazl, deputy chief of staff in the Taliban army, were among those who should be freed from Guantánamo he said.

Khairkhwa is “a hardliner in terms of Taliban philosophy”, with “close ties to Osama bin Laden” according to his Guantánamo case file. Fazl was second-in-command of the Taliban’s army at the time of the United States’ invasion.

As these peace talks have developed, I’ve been suspecting something like this would happen. In particular, I’m curious whether this request would need to — and would — trump the US government’s decision that Khairkhwa and Fazl needed to be indefinitely detained.

I asked Rosenberg whether she knew if Khairkhwa was among the 40-some detainees slotted for indefinite detention, and she responded that she did not recall his name submitted for trial.

I asked that question because the Gitmo Task Force Report (pdf) had included top Taliban leaders among those who had been picked for indefinite detention.

In contrast to the majority of detainees held at Guantanamo, many of the detainees approved for detention held a leadership or other specialized role within al-Qaida, the Taliban, or associated forces.

[snip]

Others were Taliban military commanders or senior officials, or played significant roles in insurgent groups in Afghanistan allied with the Taliban, such as Hezb-e-Islami Gulbuddin.

Khairkhwa and Fazl would certainly qualify as “military commanders or senior officials.”

Now, if Khairkhwa and Fazl are senior enough members of the Taliban and legitimate and necessary peace partners, doesn’t that suggest they were not illegal combatants, but rather legitimate political leaders? And doesn’t that mean they should have been treated as POWs from the start?

Will DOD Ban Itself for Publishing Joshua Claus’ Name?

Carol Rosenberg tweets:

Just got formal notice: Pentagon publicly naming Interrogator No. 1 who testified remotely to #Guantanamo as ex-Army Sgt. Joshua Claus

Army Maj. Bradsher read me a Pentagon policy statement that said Claus’ “own actions” mean publishing his name does not violate ground rules

You’ll recall that DOD banned Carol Rosenberg and three other key Gitmo journalists when they published Claus’ name–even though one of them, Michelle Shephard, had published an on-the-record interview with him in the past. Yet now DOD says–on the eve of the Khadr trial–that it’s okay to publish his name? And as justification, they say his own actions, rather than the public nature of his name, means publishing it does not violate ground rules?

Really?

Because if you’re going to pretend your arbitrary and capricious system of censorship is not arbitrary and capricious, you might want to come up with better excuses than that.

David Iglesias: Obama’s Used Car Salesman For Gitmo Show Trials

In January of 2009, right after Obama’s inauguration, there was a swell feel good buzz about the fact David Iglesias, the media darling face of Bush US Attorney Purgegate victimology, had been tapped to be part of a special team of prosecutors to bring sanity to the detention and prosecution of Guantanamo detainees. Iglesias said:

We want to make sure that those terrorists that did commit acts will be brought to justice — and those that did not will be released.

As with so many other facets of the nascent Obama Administration’s promise on the interests of justice, it appears to have been shiny window dressing for the same old story, same old song and dance. A year and change later the same duplicity, bad faith, and specious claims based on vapor and evidence from torture permeates the Obama handling of Gitmo detainees as it did under Bush and Cheney. That is not my conclusion, not that of the “far left progressives”, but that of impartial Federal judges like Henry H. Kennedy.

And today we have yet another reminder that nothing has changed. Iglesias, the photogenic exemplar of A Few Good Men is being walked out once more to shill for the return of Gitmo Show Trials. From Carol Rosenberg:

For hearings on whether U.S. forces tortured confessions out of a Canadian teenager accused of killing an American soldier in Afghanistan, the Pentagon Monday unveiled a new face to advocate military commissions:
Fired former Bush-era prosecutor David Iglesias, a key figure in the so-called Attorney-Gate scandal. He was mobilized last year to the war court as a U.S. Navy Reserves captain.
…..
Monday, Capt. Iglesias was part of a Pentagon prosecution team going to Guantánamo for up to two weeks of hearings on which, if any, of Omar Khadr’s confessions cannot be presented to a jury at his summertime trial.
….
The chief war crimes prosecutor, Navy Capt. John F. Murphy, is leading the Khadr team in court. So the Pentagon tapped Iglesias to brief 35 reporters leaving from Andrews Air Force Base on Monday for the remote U.S. Navy base in Southeast Cuba, a larger than usual number of worldwide media traveling to the base for this week’s hearings. Many are Canadian.

Earlier in his Navy lawyer career, Iglesias has said, he worked on a hazing case that became a basis for the Hollywood hit set in Guantánamo, A Few Good Men, starring Tom Cruise and Jack Nicholson. Since then he has emerged a telegenic critic of Bush era policies.

So there you have it, the white knight Iglesias is not leading the legal charge cleaning up the detention/Habeas cases and prosecution status of the rickety and ill defined military commission effort, he is serving as the used car huckster for the old status quo. I guess Cal Worthington and his dog Spot were not available.

Lest anyone mistake the cravenly serious nature of what is really at stake here, Iglesias is being trotted out to sell a return to military commissions with few established known standards, that have been scorned and blasted by a conservative Supreme Court and, just for kicks, the government is fighting tooth and nail – complete with Holywood Iglesias – for the admissibility of tortured confessions from a child, Canadian Omar Khadr, in a military tribunal to be convened at Guantanamo. Gitmo, the gulag Obama railed on while a candidate and promised to close within Read more