May 12, 2024 / by 

 

Elon Musk’s Machine for Fascism: A Tale of Three Elections

Since the spring (when I first started writing this post), I’ve been trying to express what I think Elon Musk intended to do with his $44 billion purchase of Twitter, to turn it into a Machine for Fascism.

Ben Collins wrote a piece — which he has been working on even longer than I have on this post — that led me to return to it.

Collins returns to some texts sent to Elmo in April 2022, just before he bought Twitter, which referenced an unsigned post published at Revolver News laying out a plan for Twitter.

On the day that public records revealed that Elon Musk had become Twitter’s biggest shareholder, an unknown sender texted the billionaire and recommended an article imploring him to acquire the social network outright.

Musk’s purchase of Twitter, the 3,000-word anonymous article said, would amount to a “declaration of war against the Globalist American Empire.” The sender of the texts was offering Musk, the Tesla and SpaceX CEO, a playbook for the takeover and transformation of Twitter. As the anniversary of Musk’s purchase approaches, the identity of the sender remains unknown.

The text messages described a series of actions Musk should take after he gained full control of the social media platform: “Step 1: Blame the platform for its users; Step 2: Coordinated pressure campaign; Step 3: Exodus of the Bluechecks; Step 4: Deplatforming.”

The messages from the unknown sender were revealed in a court filing last year as evidence in a lawsuit Twitter brought against Musk after he tried to back out of buying it. The redacted documents were unearthed by The Chancery Daily, an independent legal publication covering proceedings before the Delaware Court of Chancery.

The wording of the texts matches the subtitles of the article, “The Battle of the Century: Here’s What Happens if Elon Musk Buys Twitter,” which had been published three days earlier on the right-wing website revolver.news.

Collins lays out that the post significantly predicted what has happened since, including an attack on the Anti-Defamation League.

The article on Beattie’s site begins with a baseless claim that censorship on Twitter cost President Donald Trump the 2020 election. “Free speech online is what enabled the Trump revolution in 2016,” the anonymous author wrote. “If the Internet had been as free in 2020 as it was four years before, Trump would have cruised to reelection.”

The author said that “Step 1” after a Musk takeover would be: “Blame the platform for its users.” He or she predicted that “Twitter would be blamed for every so-called act of ‘racism’ ‘sexism’ and ‘transphobia’ occurring on its platform.”

After Musk’s purchase of Twitter was finalized in October 2022, he allowed previously suspended accounts to return. Among them, he restored the account of Trump, whom Twitter had banned after the Jan. 6 Capitol insurrection, as well as the personal accounts of far-right Rep. Marjorie Taylor Greene, R-Ga., and the founder of a neo-Nazi website, Andrew Anglin.

The article predicted that “Step 2” would involve a “Coordinated pressure campaign” by the ADL and other nonprofit groups to get Musk to reinstate the banned accounts. “A vast constellation of activists and non-profits” will lurch into action to “put more and more pressure on the company to change its ways,” the article reads.

The next step, the revolver.news article predicted, would be the “Exodus of the bluechecks.” The term “bluechecks” refers to a former identity verification system on Twitter that confirmed the authenticity of the accounts of celebrities, public figures and journalists.

Musk experimented with and ultimately eliminated Twitter’s verification system of “bluechecks.” As the article predicted, the removal resulted in a public backlash and an exponential drop in advertisers and revenue. Other developments, including Musk’s drastically reducing the number of staffers who monitor tweets and a rise in hate speech, also contributed to the dynamic.

The article predicted that a final step, “Step 4,” would be the “deplatforming” of Twitter itself. He said a Musk-owned Twitter would face the same fate as Parler, a platform that presented itself as a “free speech” home for the right. After numerous calls for violence on Jan. 6 were posted on Parler, Google and Apple removed it from their app stores on the grounds that it had allowed too many posts that promoted violence, crime and misinformation.

Collins notes that the identity of the person who wrote the post on Revolver and sent the texts to Elmo has never been revealed. He seems to think it is Darren Beattie, the publisher of Revolver, whose white supremacist sympathies got him fired from Trump’s White House.

I’m not convinced the post was from Beattie. Others made a case that the person who texted Elmo was Stephen Miller (not least because there’s a redaction where his name might appear elsewhere in the court filing).

But I think Collins’ argument — that Elmo adopted a plan to use Twitter as a Machine for Fascism from the start, guided in part by that post, a post that has some tie to Russophile propagandist Beattie — persuasive.

Then again, I’ve already been thinking about the way that Elmo was trying to perfect a Machine for Fascism.

2016: Professionalizing Trolling

One thing that got me thinking about Elmo’s goals for Twitter came from reading the chatlogs from several Twitter listservs that far right trolls used to coordinate during the 2016 election, introduced as exhibits in Douglass Mackey’s trial for attempting to convince Hillary voters to text their votes rather than casting them at polling places.

The trolls believed, in real time, that their efforts were historic.

On the day Trump sealed his primary win in 2016, for example, Daily Stormer webmaster Andrew “Weev” Auernheimer boasted on a Fed Free Hate Chat that, “it’s fucking astonishing how much reach our little group here has between us, and it’ll solidify and grow after the general.” “This is where it all started,” Douglass Mackey replied, according to exhibits introduced at his trial. “We did it.”

After Trump’s November win became clear, Microchip — a key part of professionalizing this effort — declared, “We are making history,” before he immediately started pitching the idea of flipping a European election (as far right trolls attempted with Emmanuel Macron’s race in 2017) and winning the 2020 election.

By that point, the trolls had been working on–and fine tuning–this effort for at least a year.

Most chilling in the back-story presented in exhibits submitted at trial is the description of how Weev almost groomed Mackey, starting in 2015. “Thanks to weev I am inproving my rhetoric. People love it,” Mackey said in the Fed Free Hate Chat in November 2015. He boasted that his “exploding” twitter account was averaging 300,000 impressions every day, before he mused, “I just hope all this shitlording goes real life.” Two days later Weev admired that, “ricky’s audience expands rapidly, he’s now a leading polemicist” [Mackey did all this under the pseudonym Ricky Vaughn].

Weev and Mackey explained their ideological goals. “The goal is to give people simple lines they can share with family or around the water cooler,” Mackey described to Bidenshairplugs in September 2015. When Weev proposed in January 2016 that he and Mackey write a guide to trolling, he described the project as “ideological disruption” and “psychological loldongs terrorism.” The Daily Stormer webmaster boasted, “i am absolutely sure we can get anyone to do or believe anything as long as we come up with the right rhetorical formula and have people actually try to apply it consistently.” And so they explained the objectives to others. “[R]eally good memes go viral,” Mackey explained to AmericanMex067 on May 10, 2016. “really really good memes become embedded in our consciousness.”

One method they used was “highjacking hashtags,” either infecting the pro-Hillary hashtags pushed by Hillary or filling anti-Trump hashtags with positive content.

Another was repetition. “repitition is key. \’Crooked Hillary created ISIS with Obama\’ repeat it again and again.” Trump hasn’t been repeating the same stupid attacks for 8 years because he’s uncreative or stupid. He’s doing it to intentionally troll America’s psyche.

A third was playing to the irrationality of people. HalleyBorderCol as she pitched the text to vote meme: people aren’t rational. a significant proportion of people who hear the rumour will NOT hear that the rumour has been debunked.”

One explicit goal was to use virality to get the mainstream press to pick up far right lines. Anthime “Baked Alaska” Gionet described that they needed some tabloid to pick up their false claims about celebrities supporting Trump. “We gotta orchestrate it so good that some shitty tabloid even picks it up.” As they were trying to get the Podesta emails to trend in October 2016, P0TUSTrump argued, “we need CNN wnd [sic] liberal news forced to cover it.”

Microchip testified to the methodology at trial.

Q What does it mean to hijack a hashtag?

A So I guess I can give you an example, is the easiest way. It’s like if you have a hashtag — back then like a Hillary Clinton hashtag called “I’m with her,” then what that would be is I would say, okay, let’s take “I’m with her” hashtag, because that’s what Hillary Clinton voters are going to be looking at, because that’s their hashtag, and then I would tweet out thousands of — of tweets of — well, for example, old videos of Hillary Clinton or Bill Clinton talking about, you know, immigration policy for back in the ’90s where they said: You know, we should shut down borders, kick out people from the USA. Anything that was disparaging of Hillary Clinton would be injected into that — into those tweets with that hashtag, so that would overflow to her voters and they’d see it and be shocked by it.

Q Is it safe to say that most of your followers were Trump supporters?

A Oh, yeah.

Q And so by hijacking, in the example you just gave a Hillary Clinton hashtag, “I am with her,” you’re getting your message out of your silo and in front of other people who might not ordinarily see it if you just posted the tweet?

A Yeah, I wanted to infect everything.

Q Was there a certain time of day that you believed tweeting would have a maximum impact?

A Yeah, so I had figured out that early morning eastern time that — well, it first started out with New York Times. I would see that they would — they would publish stories in the morning, so the people could catch that when they woke up. And some of the stories were absolutely ridiculous — sorry. Some of the stories were absolutely ridiculous that they would post that, you know, had really no relevance to what was going on in the world, but they would still end up on trending hashtags, right? And so, I thought about that and thought, you know, is there a way that I could do the same thing.

And so what I would do is before the New York Times would publish their — their information, I would spend the very early morning or evening seeding information into random hashtags, or a hashtag we created, so that by the time the morning came around, we had already had thousands of tweets in that tag that people would see because there wasn’t much activity on Twitter, so you could easily create a hashtag that would end up on the trending list by the time morning came around.

In the 2016 election, this methodology served to take memes directly from the Daily Stormer, launder them through 4Chan, then use Twitter to inject them into mainstream discourse. That’s the methodology the far right still uses, including Trump when he baits people to make his Truth Social tweets go viral on Twitter. Use Twitter to break out of far right silos and into those of Hillary supporters to recodify meaning, and ensure it all goes viral so lazy reporters at traditional outlets republish it for free, using such tweets to supplant rational discussion of other news.

And as Microchip testified, in trolling meaning and rational arguments don’t matter. Controversy does.

Q What was it about Podesta’s emails that you were sharing?

A That’s a good question.

So Podesta ‘s emails didn’t, in my opinion, have anything in particularly weird or strange about them, but my talent is to make things weird and strange so that there is a controversy. So I would take those emails and spin off other stories about the emails for the sole purpose of disparaging Hillary Clinton.

T[y]ing John Podesta to those emails, coming up with stories that had nothing to do with the emails but, you know, maybe had something to do with conspiracies of the day, and then his reputation would bleed over to Hillary Clinton, and then, because he was working for a campaign, Hillary Clinton would be disparaged.

Q So you’re essentially creating the appearance of some controversy or conspiracy associated with his emails and sharing that far and wide.

A That’s right.

Q Did you believe that what you were tweeting was true?

A No, and I didn’t care.

Q Did you fact-check any of it?

A No.

Q And so what was the ultimate purpose of that? What was your goal?

A To cause as much chaos as possible so that that would bleed over to Hillary Clinton and diminish her chance of winning.

The far right is still using this methodology to make the corrupt but not exceptional behavior of Hunter Biden into a topic that convinces half the electorate that Joe Biden is as corrupt as Donald Trump. They’ve used this methodology to get the vast majority of media outlets to chase Hunter Biden’s dick pics like six year old chasing soccer balls.

Back in 2016, the trolls had a good sense of how their efforts helped to support Trump’s electoral goals. In April 2016, for example, Baked Alaska pitched peeling off about a quarter of Bernie Sanders’ votes. “Imagine if we got even 25% of bernie supporters to ragevote for trump.” On November 2, 2016, the same day he posted the meme that got him prosecuted, Mackey explained that the key to winning PA was “to drive up turnout with non-college whites, and limit black turnout.” One user, 1080p, seemed to have special skills — if not sources — to adopt the look and feel of both campaigns.

And this effort worked in close parallel to Trump’s efforts. As early as April, Baked Alaska invited Mackey to join a campaign slack “for more coordinated efforts.”

And there are several participants in the troll chatrooms whose actions or efforts to shield their true identities suggest they may be closely coordinating efforts as well.

Even in the unfettered world of 2016, Twitter’s anemic efforts to limit the trolls’ manipulation of Twitter was a common point of discussion.

For example, as the trolls were trying to get Podesta’s emails trending, HalleyBorderCol complained, “we haven’t been able to get anything to trend for aaaages … unless they changed their algorithms, they must be watching what we’re doing.” Later in October as they were launching two of their last meme campaigns, ImmigrationX complained,”I see Jack in full force today suppressing hashtags.”

Both Mackey and Microchip were banned multiple times. “Microchip get banned again??” was a common refrain. “glad to be back,” Microchip claimed on September 24. “they just banned me two times in 3 mins.” He warned others to follow-back slowly to evade an auto-detect for newly created accounts. “some folks are being banned right now, apparently, so if I’m banned for some reason, I’ll be right back,” Microchip warned on October 30. “Be good till nov 9th brother! We need your ass!” another troll said on the day Mackey was banned; at the time Microchip was trending better than Trump himself. Mackey’s third ban in this period, in response to the tweets a jury has now deemed to be criminal, came with involvement from Jack Dorsey personally.

Both testified at trial about the techniques they used to thwart the bans (including using a gifted account to return quickly, in Mackey’s case). Microchip built banning, and bot-based restoration and magnification, into his automation process.

2020: Insurrection

The far right trolls succeeded in helping Donald Trump hijack American consciousness in 2016 to get elected.

By the time the trolls — some of whom moved into far more powerful positions with Trump’s election — tried again in 2020, the social media companies had put far more controls on the kinds of viral disinformation that trolls had used with such success in 2016.

As Yoel Roth explained during this year’s Twitter hearing, the social media companies expanded their moderation efforts with the support of a bipartisan consensus formulated in response to Russia’s (far less successful than the far right troll efforts) 2016 interference efforts.

Rep. Shontel Brown

So Mr. Roth, in a recent interview you stated, and I quote, beginning in 2017, every platform Twitter included, started to invest really heavily in building out an election integrity function. So I ask, were those investments driven in part by bipartisan concerns raised by Congress and the US government after the Russian influence operation in the 2016 presidential election?

Yoel Roth:

Thank you for the question. Yes. Those concerns were fundamentally bipartisan. The Senate’s investigation of Russian active measures was a bipartisan effort. The report was bipartisan, and I think we all share concerns with what Russia is doing to meddle in our elections.

But in advance of the election, Trump ratcheted up his attacks on moderation, personalizing that with a bullying attack on Roth himself.

In the spring of 2020, after years of internal debate, my team decided that Twitter should apply a label to a tweet of then-President Trump’s that asserted that voting by mail is fraud-prone, and that the coming election would be “rigged.” “Get the facts about mail-in ballots,” the label read.

On May 27, the morning after the label went up, the White House senior adviser Kellyanne Conway publicly identified me as the head of Twitter’s site integrity team. The next day, The New York Post put several of my tweets making fun of Mr. Trump and other Republicans on its cover. I had posted them years earlier, when I was a student and had a tiny social media following of mostly my friends and family. Now, they were front-page news. Later that day, Mr. Trump tweeted that I was a “hater.”

Legions of Twitter users, most of whom days prior had no idea who I was or what my job entailed, began a campaign of online harassment that lasted months, calling for me to be fired, jailed or killed. The volume of Twitter notifications crashed my phone. Friends I hadn’t heard from in years expressed their concern. On Instagram, old vacation photos and pictures of my dog were flooded with threatening comments and insults.

In reality, though, efforts to moderate disinformation did little to diminish the import of social media to right wing political efforts. During the election, the most effective trolls were mostly overt top associates of Donald Trump, or Trump himself, as this table I keep posting shows.

The table, which appears in a Stanford University’s Election Integrity Project report on the election, does not reflect use of disinformation (as the far right complains when they see it). Rather, it measures efficacy. Of a set of false narratives — some good faith mistakes, some intentional propaganda — that circulated on Twitter in advance of the election, this table shows who disseminated the false narratives that achieved the most reach. The false narratives disseminated most broadly were disseminated by Donald Trump, his two adult sons, Tom Fitton, Jack Posobiec, Gateway Pundit, Charlie Kirk, and Catturd. The least recognized name on this list, Mike Roman, was among the 19 people indicted by Fani Willis for efforts to steal the election in Georgia. Trump’s Acting Director of National Intelligence, Ric Grenell, even got into the game (which is unsurprising, given that before he was made Ambassador to Germany, he was mostly just a far right troll).

This is a measure of how central social media was to Trump’s efforts to discredit, both before and after the election, the well-run election that he lost.

The far right also likes to claim (nonsensically, on its face, because these numbers reflect measurements taken after the election) that these narratives were censored. At most, and in significant part because Twitter refused to apply its own rules about disinformation to high profile accounts including but not limited to Trump, this disinformation was labeled.

As the Draft January 6 Social Media Report described, they had some success at labeling disinformation, albeit with millions of impressions before Twitter could slap on a label.

Twitter’s response to violent rhetoric is the most relevant affect it had on January 6th, but the company’s larger civic integrity efforts relied heavily on labeling and downranking. In June of 2019, Twitter announced that it would label tweets from world leaders that violate its policies “but are in the public interest” with an “interstitial,” or a click-through warning users must bypass before viewing the content.71 In October of 2020, the company introduced an emergency form of this interstitial for high-profile tweets in violation of its civic integrity policy.” According to information provided by Twitter, the company applied this interstitial to 456 tweets between October 27″ and November 7″, when the election was called for then-President-Elect Joe Biden. After the election was called, Twitter stopped applying this interstitial.”* From the information provided by Twitter, it appears these interstitials had a measurable effect on exposure to harmful content—but that effect ceased in the crucial weeks before January 6th.

The speed with which Twitter labels a tweet obviously impacts how many users see the unlabeled (mis)information and how many see the label. For PIIs applied to high-profile violations of the civic integrity policy, about 45% of the 456 labeled tweets were treated within an hour of publication, and half the impressions on those tweets occurred after Twitter applied the interstitial. This number rose to more than eighty percent during election week, when staffing resources for civic issues were at their highest; after the election, staff were reassigned to broader enforcement work.” In answers to Select Committee questions during a briefing on the company’s civic integrity policy, Twitter staff estimates that PIIs prevented more than 304 million impressions on violative content. But at an 80% success rate, this still leaves millions of impressions.

But this labeling effort stopped after the election.

According to unreliable testimony from Brandon Straka the Stop the Steal effort started on Twitter. According to equally unreliable testimony from Ali Alexander, he primarily used Twitter to publicize and fundraise for the effort.

It was, per the Election Integrity Project, the second most successful disinformation after the Dominion propaganda.

And the January 6 Social Media Report describes that STS grew organically on Facebook after being launched on Twitter, with Facebook playing a losing game of whack-a-mole against new STS groups.

But as Alexander described, after Trump started promoting the effort on December 19, the role he would place became much easier.

Twitter wasn’t the only thing that brought a mob of people to DC and inspired many to attack the Capitol. There were right wing social media sites that may have been more important for organizing. But Twitter was an irreplaceable part of what happened.

The lesson of the 2020 election and January 6, if you care about democracy, is that Twitter and other social media companies never did enough moderation of violent speech and disinformation, and halted much of what they were doing after the election, laying the ground work for January 6.

The lesson of the 2020 election for trolls is that inadequate efforts to moderate disinformation during the election — including the Hunter Biden “laptop” operation — prevented Trump from pulling off a repeat of 2016. The lesson of January 6, for far right trolls, is that unfettered exploitation of social media might allow them to pull off a violent coup.

That’s the critical background leading up to Elmo’s purchase of Twitter.

2024: Boosting Nazis

The first thing Elmo did after purchasing Twitter was to let the far right back on.

More recently, he has started paying them money that ads don’t cover to subsidize their propaganda.

The second thing he did, with the Twitter Files, was to sow false claims about the effect and value of the moderation put into place in the wake of 2016 — an effort Republicans in Congress subsequently joined. The third thing Elmo did was to ratchet up the cost for the API, thereby making visibility into how Twitter works asymmetric, available to rich corporations and (reportedly) his Saudi investors, but newly unavailable to academic researchers working transparently. He has also reversed throttling for state-owned media, resulting in an immediate increase in propaganda.

He has done that while making it easier for authoritarian countries to take down content.

Elmo attempted, unsuccessfully, to monetize the site in ways that would insulate it from concerns about far right views or violence.

For months, Elmo, his favored trolls, and Republicans in Congress have demonized the work of NGOs that make the exploitation of Twitter by the far right visible. More recently, Elmo has started suing them, raising the cost of tracking fascism on Twitter yet more.

Roth recently wrote a NYT column that, in addition to describing the serial, dangerous bullying — first from Trump, then from Elmo — that this pressure campaign includes, laid out the stakes.

Bit by bit, hearing by hearing, these campaigns are systematically eroding hard-won improvements in the safety and integrity of online platforms — with the individuals doing this work bearing the most direct costs.

Tech platforms are retreating from their efforts to protect election security and slow the spread of online disinformation. Amid a broader climate of belt-tightening, companies have pulled back especially hard on their trust and safety efforts. As they face mounting pressure from a hostile Congress, these choices are as rational as they are dangerous.

In 2016, far right trolls helped to give Donald Trump the presidency. In 2020, their efforts to do again were thwarted — barely — by attempts to limit the impact of disinformation and violence.

But in advance of 2024, Elmo has reversed all that. Xitter has preferentially valued far right speech, starting with Elmo’s increasingly radicalized rants. More importantly, Xitter has preferentially valued speech that totally undercuts rational thought.

Elmo has made Xitter a Machine for irrational far right hate speech.

The one thing that may save us is that this Machine for Fascism has destroyed Xitter’s core value to aspiring fascists: it has destroyed Xitter’s role as a public square, from which normal people might find valuable news. In the process, Elmo has destroyed Twitter’s key role in bridging from the far right to mainstream readers.

But it’s not for lack of trying to make Xitter a Machine for Fascism.


Nora Dannehy Confirms that Bill Barr Attempted to Sway 2020 Election with Dubious Interim Report

As AP first reported, in response to several questions in a hearing on her nomination to the Connecticut Supreme Court, Nora Dannehy provided details about why she resigned from the Durham investigation. In response to the first, she described that Bill Barr seemed intent on issuing an interim report before the 2020 election, the conclusion with which she “strongly” disagreed.

In the spring and summer of 2020, I had growing concerns that this Russia investigation was not being conducted in that way [independent of political influence]. Attorney General Barr began to speak more publicly, and specifically, about the ongoing criminal investigation. I thought these public comments violated DOJ guidelines. In late summer 2020, just months before the 2020 Presidential election, he wanted a report written about our ongoing investigation. Publicly, he would not rule out releasing that report before the Presidential election. I had never been asked to write a report about an investigation that was not yet complete. I then saw a version of a draft report, the conclusions of which I strongly disagreed with. Writing a report — and particularly the draft I saw — violated long-standing principles of the Department of Justice. Furthermore, the Department of Justice has a long-standing policy of not taking any public actions in the time leading up to an election that might influence that election. I simply couldn’t be part of it, so I resigned.

It was the most difficult personal and professional decision I’ve had to make.

This tracks reporting from the NYT that describes Dannehy erupting on September 10, the day before she resigned, when she read the draft report that had been written (Charlie Savage linked this video testimony).

So does something Dannehy said later in the hearing.

What I was involved in involved classified — highly classified — information and I really can’t get into what happened when I was there because I likely would, or potentially could, get into an area that I can’t speak about.

NYT reported that the report came after Durham bypassed Beryl Howell to obtained records he used to attempt to corroborate potential disinformation associated with Guccifer 2.0.

By summer 2020, with Election Day approaching, Mr. Barr pressed Mr. Durham to draft a potential interim report centered on the Clinton campaign and F.B.I. gullibility or willful blindness.

On Sept. 10, 2020, Ms. Dannehy discovered that other members of the team had written a draft report that Mr. Durham had not told her about, according to people briefed on their ensuing argument.

The reference to the Clinton campaign appears to reference Durham’s conspiracy theories about a plan that Clinton planned to frame Donald Trump. But that Durham theory was based on his own fabrication about what the intelligence said, even assuming the intelligence was true and not itself disinformation.

This confirms that Durham twice doubled down on this conspiracy theory about Hillary Clinton, first when he contested Michael Horowitz’s conclusion on the Carter Page investigation, and then when he endorsed this draft report. In the end, his report never substantiated his own conspiracy theory.

Dannehy assiduously avoids blaming her old friend John Durham for this corruption. But long after Barr left office, Durham pursued this conspiracy theory relentlessly, going so far as misrepresenting his own investigation to avoid admitting he proved himself wrong.


What Is The Sound of a Dead Bird Xitting?

[NB: check the byline, thanks. /~Rayne]

This post contains observed and speculative material following the reported loss of content circa 2011-2014 at the former bird app.

~ ~ ~

Observed:

August 9, 2023 – D.C. Circuit Court of Appeals affirmed the D.C. district court’s earlier finding holding Twitter in contempt and assessing a $350,000 fine for failure to fully comply by the district court’s subpoena deadline.

August 16, 2023 6:41 a.m. ET – Marcy posted about Xitter’s sketchy behaviors in its response to a DOJ subpoena approved on January 17, 2023. Xitter has been held in contempt and assessed a $350,000 fine for failure to comply with the subpoena.

August 16, 2023 1:59 p.m. ET – Marcy posted about the importance of attribution related to January 6 tweets which could have gotten former VP Mike Pence killed. Twitter data could reveal the account login information and device used for the purposes of threatening Pence.

August 17, 2023 6:23 a.m. ET – Marcy posted about Elon Musk’s meetings with with Jim Jordan and Kevin McCarthy while Xitter’s internal and external legal team tap danced about the subpoena it had failed to comply with fully and on a timely basis. This dancing may have been an effort to protect Musk and his political network including certain members of Congress.

August 17, 2023 3:26 p.m. ET – Brazilian Xitter user Danilo Takagi posted,

Acabei de confirmar aqui. O Twitter/X removeu todas as mídias e imagens postadas de 2014 pra trás. Eles não tem dinheiro nem pra armazenamento mais. Artistas e criadores de conteúdo, vocês realmente ainda querem continuar usando esta rede?

[Translation from Portuguese: I just confirmed here. Twitter/X has removed all media and images posted from 2014 onwards. They don’t even have money for storage anymore. Artists and content creators, do you really want to continue using this network?]

August 19, 2023 11:31 a.m. ET – Xitter user Tom Coates confirms Danilo Takagi’s earlier observation:

More vandalism from @elonmusk. Twitter has now removed all media posted before 2014. Thats – so far – almost a decade of pictures and videos from the early 2000s removed from the service. For example, here’s a search of my media tweets from before 2014. https://twitter.com/search?q=From%3Atomcoates%20until%3A2014-01-01&src=typed_query&f=media

Xitter Birdwatch contributors added context:

Images before/around 2014 are still saved on Twitter/X’s servers, however, the t.co links appear to be broken at the moment.

The famous Ellen DeGeneres selfie from the 2014 Oscars is currently missing from her tweet. https://twitter.com/EllenDeGeneres/status/440322224407314432
But the original file is still available on their servers.
https://pbs.twimg.com/media/BhxWutnCEAAtEQ6?format=jpg&name=large
thttps://twitter.com/Accountabilabud/status/1693026133191819518?s=20

Each of the links above in the Birdwatch context field have not been available consistently; they have been converted by Xitter’s t.co link shortener when the tweet is shared but the shortened links may not work properly.

The erasure appears to be related in part to a “failure” of the t.co link shortener which eliminates accessibility to content, but this doesn’t explain why graphic media circa 2011-2014 is no longer available.

What the actual fuck is going on at Xitter?

~ ~ ~

Here are several prominent theories about the loss of media on Xitter:

Musk is cutting costs, some say, by refusing to host media content.

It’s possible, but why 2011-2014 and not ALL of the former Twitter’s media content? Is this explanation consistent with the “failure” of the t.co shortener and loss of graphics in that date range?

Musk is trying to damage social networks within Xitter for his personal political agenda, others say.

Again, why that specific range and not from the former Twitter’s inception?

Musk is erasing cultural history, engaging in ethnocide or cultural genocide, noted by minority groups.

True. Erasing key parts of the Black Lives Matter movement’s inception and the social response to deaths which preceded it is one example targeted by this date range.

Also the erasure of Arab Spring-related content may be ethnocide.

You’re going to see folks making these points across social media, but there’s at least one more possible factor driving Musk’s erasure.

~ ~ ~

Speculative:

What if Musk is eliminating access to evidence?

How do we know for sure whether Xitter the former dead bird platform is simply running into the operations problems expected since Musk canned 75-80% of staff, or whether he’s actively obstructing investigations which rely on former Twitter content by screwing with data accessibility?

How do we know Musk isn’t doing the bidding of his fossil fuel financiers from Qatar and KSA by suppressing access to content critical of leadership in those countries? Perhaps even hiding what it was spies for KSA employed by Twitter had been doing, or hiding possible foreign interference in democracy here and abroad?

Ponder this bit of dead bird xit for a while.


Beryl Howell Held Elon Musk’s Xitter in Contempt

One of my favorite lines in the Trump January 6 indictment described how, when everyone left Donald Trump alone in the dining room on January 6, he tweeted out a tweet that might have gotten Mike Pence killed.

At 2:24 p.m., after advisors had left the Defendant alone in his dining room, the Defendant issued a Tweet intended to further delay and obstruct the certification: “Mike Pence didn’t have the courage to do what should have been done to protect our Country and our Constitution, giving States a chance to certify a corrected set of facts, not the fraudulent or inaccurate ones which they were asked to previously certify. USA demands the truth!”

It’s just one of 19 Tweets included in the indictment:

  1. On November 25, anticipating Sidney Powell’s lawsuit invoking Dominion voting machines
  2. On December 3, magnifying Rudy’s false claims about Georgia
  3. A Tweet from Gabriel Sterling on December 4 debunking Rudy’s attack on Ruby Freeman
  4. A December 4 attack on PA’s GOP legislative leaders after they refused to reject the popular vote
  5. The December 19 Tweet announcing the January 6 protest that launched the insurrection
  6. A December 21 Tweet falsely claiming vote fraud in WI
  7. A December 23 Tweet attacking Cobb County officials verifying signatures
  8. Trump’s December 23 retweet of Ivan Raiklin Operation Pence Card Tweet
  9. Trump’s January 1 reminder about the January 6 event
  10. A January 5, 11:06 AM Tweet claiming Pence could reject the vote certifications
  11. A January 5, 5:05PM Tweet announcing “we hear you (and love you) from the Oval Office
  12. A January 5, 5:43PM Tweet reminding that the rally opened at 11AM the next day
  13. A January 6, 1AM Tweet claiming that Pence could “send it back”
  14. A January 6, 8:17AM Tweet repeating that all Pence had to do was “send them back to the States, AND WE WIN.”
  15. The famous 2:24PM Tweet targeting Pence
  16. The January 6, 2:38PM Tweet calling on rioters to “Stay peaceful!”
  17. The January 6, 3:13PM Tweet calling for “No violence!”
  18. The January 6, 4:17PM Tweet releasing the video asking people to leave the Capitol
  19. Trump’s January 6, 6:01PM Tweet about a victory “viciously stripped away”

Before DOJ could unroll the indictment in its current form, it had to have proof about who actually Tweeted out each of these.

Aside from the dining room Tweet, it’s not entirely clear he did: Several times the indictment describes Trump “issuing” a Tweet, which might involve others.

That’s probably just one of the reasons why, on January 17, Jack Smith’s team obtained a warrant to provide, “data and records related to the ‘@realDonaldTrump’ Twitter account,” with a nondisclosure order.

Elon Musk’s Twitter not only didn’t have any lawyers home to accept the request, but they balked at providing the data, which was originally due on January 27, because they wanted to tell Trump about it first.

Ultimately, then Chief Judge Beryl Howell had to hold Twitter in contempt for 3 days before it turned over all the requested data on February 9. The DC Circuit just upheld Howell on all counts — the imposition of the gag, the contempt and the fine.

We shall see, going forward, whether DOJ asked for more than that — including any DMs that Trump might have sent to the Stop the Steal crowd, whose efforts were exploding on Twitter at the time.

Update: The warrant may also have asked for information that would be useful to measure Trump’s fundraising; that’s one thing DOJ was focused on in that period (and remains focused on). The warrant also came close to the beginning of the Proud Boys trial, which DOJ kicked off with Trump’s “Stand Back and Stand By” comment.


Trump’s People: The Prettyman Pardons

As we wait for Trump to be arraigned in Prettyman Courthouse, I thought it worthwhile to list the 16 men who were prosecuted in Prettyman Courthouse that Trump pardoned, and their crimes:

  1. Scooter Libby: Obstruction of justice and perjury
  2. David Safavian: Obstruction of justice and false statements
  3. Mike Flynn: False statements
  4. Alex Van Der Zwaan: False statements
  5. George Papadopoulos: False statements
  6. Paul Slough, Manslaughter (Blackwater Nisour Square)
  7. Nicholas Slatten: Murder (Blackwater Nisour Square)
  8. Evan Liberty: Manslaughter (Blackwater Nisour Square)
  9. Dustin Laurent Heard: Manslaughter (Blackwater Nisour Square)
  10. Roger Stone: Obstruction of a proceeding, false statements, witness tampering
  11. Paul Manafort: Conspiracy to defraud the US (money laundering and FARA), conspiracy to obstruct (witness tampering)
  12. Robert Coughlin: Conflict of interest
  13. Todd Boulanger: Wire fraud
  14. Elliot Broidy: Conspiracy to violate FARA
  15. Douglas Jemal, Wire fraud
  16. Aviem Sella, Espionage

Four of these men lied to cover up Trump’s own Russian ties; a fifth, the son-in-law of Alfa Bank oligarch German Khan, Alex Van Der Zwaan, lied to cover up Manafort’s past Ukraine graft. A sixth, Elliot Broidy, did fundraising for Trump.

These are Trump’s people.

A lot of Republicans are wailing that Trump shouldn’t be prosecuted in DC. Marsha Blackburn is arguing that Trump should be treated differently than her constituents Lisa Eisenhart and Eric Munchel, who were prosecuted for conspiracy to obstruct the vote count, just like Trump is facing. Tim Scott is arguing that Trump should be treated differently than his constituent George Tenney, who was prosecuted for obstructing the vote count, just like Trump is facing.

But if anything, it is more appropriate to prosecute Trump in DC than Munchel (Zip Tie Guy) and Tenney (who opened the East Door of the Capitol). After all, he was a resident of DC when his alleged crimes were committed.

More importantly, even just the list of those he pardoned make it clear that Prettyman felons are his kind of people. Donald Trump is precisely where he belongs today.


Unlike Michael Sussmann, Patrick Byrne Was Not Prosecuted for Providing Allegedly False Tips to the Government

Among the many records on the Durham investigation DOJ newly released to American Oversight on June 1 is an email, dated August 23, 2019, from Seth DuCharme to Durham and one of his aides revealing that “Overstock CEO gave info to DOJ for John Durham’s review of Russia investigation origins.”

We can be fairly sure what Byrne provided DOJ because he first went on Fox and CNN and laid it all out there. His excuse for getting laid by Maria Butina, he said, was that Peter Strzok told him to do it as an investigative ploy (the reasons why have never really made sense).

“I figured out the name of who sent me the orders and this has been confirmed. The name of the man who sent me was Peter Strzok,” Byrne exclaimed, naming the embattled former FBI agent at the center of the right’s Spygate conspiracies. “This is going to be quite a whirlwind.”

At times bursting into tears, Byrne alleged there was a “big coverup” of “political espionage” that was connected to President Trump, Hillary Clinton, Marco Rubio and Ted Cruz, insisting that “this is not a theory” of his because he was “in the room when it happened.”

“Both catching my friend’s murderer and taking on Wall Street were consistent with my values and it was my honor to help the Men in Black and it was the third time that they came to me,” he said at one point. “And I got some request, I did not know who the hell it came from and it was fishy and three years later on watching television and I realized who it was—it was Peter Strzok and [former Deputy FBI Director] Andy McCabe, that the orders came from.”

Byrne said he decided to come forward with his Deep State concerns because he felt guilty for recent mass shootings.

“But the issue is, I realized that these orders I got came from Peter Strzok, and as I put together things, I know much more than I should know and tried to keep silent,” he said. “Everyone in this country has gone nuts, and especially for the last year when I realized what I know, every time I see one of these things, somebody drives 600 miles to gun down 20 strangers in the mall, I feel a bit responsible.”

[snip]

“No doubt Peter Strzok would watch this and say he’s full of it, I had nothing to do with anything,” the Fox News anchor stated.

Here is my first post on the allegations, written the same day as this Seth DuCharme email.

Strzok would ultimately deny the allegations about him specifically.

In early November, he told me that he had never met Byrne, and had “no awareness” of him before reading about him in the news in August, 2019. When I asked about one of Byrne’s most incendiary claims—whether an F.B.I. agent might instruct someone to pursue a romantic relationship with a suspect in order to gather intelligence—Strzok said that the Bureau had thirteen thousand agents, and that, though he couldn’t dismiss Byrne’s story out of hand, it sounded “extraordinarily fantastical.” He went on, “This isn’t some James Bond film—we don’t tell people, ‘Go bed this vixen for your country.’ ”

And, unless I missed it in John Durham’s report, he did not even include this among the things he investigated.

It’s hard to know how seriously DOJ took it, but DuCharme’s involvement shows it had the same kind of high level interest as the Alfa Bank anomalies. One of Bill Barr’s key advisors was involved in it. And whatever heed DOJ paid to it, would be hard to take Byrne’s allegations less seriously than the Cyber agents who dismissed the Alfa Bank anomalies in barely more than a day, making substantial errors along the way.

Plus, DOJ withheld this information under a b7A exemption, reflecting that it was treated as part of an ongoing investigation, until Durham finished. Someone at DOJ treated this with enough seriousness to bury for four years. Which raises the prospect that Durham believed it was sound to criminalize Michael Sussmann, a Democratic lawyer sharing a honestly held tip, but chose to do nothing about a guy with ties to a convicted Russian agent sharing wild conspiracies.

And here we are, four years later, and Byrne continues to share wild conspiracies, most that undermine American democracy.

And now, amid reports that Jack Smith is zeroing in the December 18, 2020 meeting at which Patrick Byrne and others pitched seizing voting machines, Byrne is suggesting he has — and plans to release — kompromat on Smith (he may have deleted this but this thread repeats the theme).

I’m not saying Byrne should have been prosecuted for making unsubstantiated claims about the Russian investigation — unless the government can tie his motive to Butina’s operation.

I’m saying the contrast with what Durham did with Michael Sussmann and what he didn’t do with Byrne is a stark indicator that he would criminalize Democratic politics while ignoring crazy conspiracies from someone with direct ties to a Russian influence operation.

Update: Added a second part from the FOIA. h/t Brian Pillon.


Chuck Grassley Must Think the FD-1023 Informant Is Worth Killing Off

In their panic to do something to stave off the Hunter Biden guilty plea next week — and perhaps to bail Gary Shapley and Joseph Ziegler (who are represented by lawyers tied to Chuck Grassley) out of wild and in some cases inconsistent claims they made in their House Oversight debut — Grassley and James Comer have released the FD-1023 form on which they’ve hung their latest conspiracy theories about an attempt to bribe Joe Biden.

They’ve released it with almost no redactions, so it will be very easy for anyone who came in contact with the FBI informant whose interview it recorded — an international businessman — to reverse engineer who he is.

Virtually anyone bound by the principles of physics, by time and space, who has looked at the FD-1023 closely has recognized that the allegation in the report does not match known reality.

Lev Parnas swears it didn’t happen. In this Twitter thread, Thomas Fine calls the report, the Science Fiction Double Feature Bribery Scheme. ABC provided multiple ways the allegations conflict with reality and even notes that Chuck Grassley waged war on the exploitation of such unvetted intelligence with Christopher Steele. Phil Bump last month described how James Comer was spinning his wheels (and the press) but couldn’t find any substance to it; he even noted Ron Johnson’s admission that he couldn’t substantiate a key claim in it.

The most interesting thing, to me, is that FBI agents working with then-Pittsburgh US Attorney Scott Brady, the partisan Republican whom Barr put in charge of ingesting Rudy’s Russian disinformation, didn’t ask, or record, on what date in 2019, a meeting in London addressing an entirely different topic took place at which Oleksandr Ostapenko placed a call to Mykola Zlochevsky so Zlochevsky could provide to the informant very specific numbers of recordings he had involving Hunter Biden and his father.

Brady’s team didn’t get (or record) this date even after a follow-up conversation three days after the original meeting with the informant, even though it would have been the freshest memory for the informant and fairly easy to pinpoint given travel records. They identified with some specificity at which coffee house the meeting with Ostapenko happened (possibly this place), but not the date.

That’s not how the FBI works.

But given the informant’s reference to “recent news reports about the investigations into the Bidens and Burisma,” it is likely the meeting happened during the impeachment investigation, possibly even after Rudy Giuliani met with soon-to-be-sanctioned Russian agent Andrii Derkach in December 2019.

If the meeting came after mid-February, “Hunter Biden’s” “laptop” was already being packaged up for a later political hit job. If the meeting came after October 9, 2019, which is when Parnas’ visibility onto these matters ended because he was arrested but Rudy was not, then it might reflect what happened to the plan to meet Burisma’s CFO and Dmitry Firtash in Vienna to obtain a copy of “Hunter Biden’s” “laptop” after his arrest. It could be possible, after all, that Zlochevsky had said one thing to Parnas earlier in 2019 and another thing after Victoria Toensing had met with Bill Barr.

There’s something else that debunks the story: that Chuck Grassley apparently cares so little about substantiating it he’s willing to risk the life of the informant.

Both ABC and this weaker CNN report describe that the FBI warned releasing this could get the informant killed. The Messenger provides more detail on the various warnings the FBI gave Congress about protecting this information (contrary to its claim, this is not an exclusive; WaPo’s Jacqueline Alemany and Politico’s Jordain Carney both posted one of these letters on Twitter, but don’t appear to have written it up).

FBI officials cautioned lawmakers on several occasions about the dangers that releasing the document could pose to confidential informants and others, according to materials obtained by The Messenger.

“We have repeatedly explained to you, in correspondence and in briefings, how critical it is to keep this information confidential,” the FBI said in a June 9 letter, obtained by The Messenger, to the Democratic ranking member and chairman of the House Oversight Committee, Rep. James Comer, R-Ky., who has been scrutinizing the Biden family.

“We are concerned that Members disregarded the Committee’s agreement that information from the document should not be further disclosed,” the FBI said in the letter, which came one day after lawmakers on the Oversight Committee were permitted to view the document in a secured room.

Other documents obtained by The Messenger show that the FBI’s warnings not to release the confidential information extended back to May — before Comer and others were allowed to view the FBI form.

The FBI told lawmakers that protecting the secrecy of the FBI form is “critical” to the “physical safety” of the source and others, according to a May 30 letter sent to Comer.

[snip]

Members of Congress were also provided with a warning that the information contained in the document “should be treated confidentially,” before they viewed the form on June 8, saying the agency “expressly does not consent” to the release of the material.

The FBI also raised concerns that lawmakers were taking notes in the meeting, which was prohibited, according to the letter.

Grassley and Comer released this FD-1023 — in almost unredacted form — after FBI warned, multiple times, of the danger of doing so.

This, to my mind, is the biggest tell of this stunt.

If you want to fuel a controversy, you release the FD-1023, even at the risk of getting the informant killed or, at the very least, burning his value as an informant permanently. If you want to pursue the allegation, you do everything you can to protect the FD-1023 and the informant.

Especially given David Weiss’ notice to Lindsey Graham that there is an ongoing investigation into matters pertaining to the FD-1023.

Your questions about allegations contained in an FBI FD-1023 Form relate to an ongoing investigation. As such, I cannot comment on them at this time.

Unless, of course, the GOP is so desperate to kill that investigation that they’d be willing to get the informant behind it killed as well.

Update: Federalist Faceplant Margot, who occasionally gets fed disinformation from Bill Barr, says a source has told her the FBI verified that the human source traveled where he had claimed he had traveled at the times he said he had.

Following the late June 2020 interview with the CHS, the Pittsburgh FBI office obtained travel records for the CHS, and those records confirmed the CHS had traveled to the locales detailed in the FD-1023 during the relevant time period. The trips included a late 2015 or early 2016 visit to Kiev, Ukraine; a trip a couple of months later to Vienna, Austria; and travel to London in 2019.

She’s really one of the few people stupid enough to report this as news. After all, the FBI corroborated that Igor Danchenko traveled to Moscow when he said he had, too. All that meant was that he was in Moscow being fed disinformation when he said he was.

The same is especially likely here because, if the FBI had actual dates for the 2019 trip to London — as Faceplant Margot says they did — then it raises still more questions why they didn’t include the date.

Unless the date would have given up the game by making it clear it happened after Rudy’s made further deals for disinformation.


Trump’s Attack on Black Votes Was There the Whole Time, We Just Didn’t Call It a Crime

As I noted in an update to this post, NYT and the Guardian have clarified that the third charge mentioned in Trump’s target letter was 18 USC 241, Conspiracy against Rights, not — as Rolling Stone originally reported — 18 USC 242.

This piece, from November 2021, explains why 241 is such a good fit to Trump’s efforts to discount the votes of 81 million Biden voters.

The Supreme Court has stressed that Section 241 contains “sweeping general words” and directed courts to give the provision “a sweep as broad as its language.” In United States v. Classic it established that the statute protects not only the right to vote but the right to have one’s vote properly counted. Classic upheld an indictment of officials who sought to aid one candidate by refusing to count votes cast for his opponent.

The broad language of Section 241 clearly encompasses the actions of those involved in Trump’s coup attempt, and the Court’s precedents support that conclusion. Evidence currently available shows that the conspirators agreed to a common scheme to overthrow the results of the 2020 presidential election, took innumerable acts designed to accomplish that goal, and intended thereby to effectively deprive millions of voters in half a dozen states—and the rest of the 81 million Americans who voted for Joe Biden—of their right to vote and have their votes properly counted.

In Anderson v. U.S. the Court explicitly held that Section 241 reaches conspiracies designed “to dilute the value of votes of qualified voters.” It requires only an intent to prevent votes from being “given full value and effect,” an intent that includes an intent “to have false votes cast.” Evidence suggests that Trump and his supporters attempted exactly that in Georgia. They pressured local officials to somehow, some way magically “find” 11,780 additional votes to give Trump victory there and negate the votes of nearly two and a half million Georgia voters.

And it’s not just the concerted effort to eliminate the votes of 81 million Biden voters on January 6.

The recent news that Jack Smith has subpoenaed the security footage from the State Farm arena vote count location in Georgia, taken in conjunction with Trump’s efforts in places like Michigan — where his efforts focused on preventing a fair count of Detroit, where he had actually performed better than in 2016, rather than Kent County, the still predominantly white county where he lost the state — is a reminder that Trump and his mobs, many associated with overt white supremacists like Nick Fuentes, aggressively tried to thwart the counting of Black and Latino people’s votes. It was the same play Roger Stone used when he sent “election observers” to Black precincts in 2016, just on a far grander scale, and backed by the incitement of the sitting President.

As I said in the other post, we’ll see how Jack Smith charges this soon enough.

For now, I want to talk about how the press cognitively missed this — myself included. I want to talk about how the press — myself included — didn’t treat an overt effort to make it harder to count the votes of Black and Latino voters as a crime.

In its piece (including Maggie, but also a lot of people who aren’t as conflicted as she is), NYT points to both Norm Eisen (who didn’t see this, either, and whose recent prosecution memo on the charges we did expect didn’t even cite the pending decisions in the DC Circuit) and the January 6 Committee as if they are where this investigation came from.

Two of the statutes were familiar from the criminal referral by the House Jan. 6 committee and months of discussion by legal experts: conspiracy to defraud the government and obstruction of an official proceeding.

[snip]

The prospect of charging Mr. Trump under the other two statutes cited in the target letter is less novel, if not without hurdles. Among other things, in its final report last year, the House committee that investigated the events that culminated in the Jan. 6 attack on the Capitol had recommended that the Justice Department charge the former president under both of them.

Alan Feuer (who is bylined along with Maggie) knows as well as I do, neither ConfraudUS (18 USC 371) nor obstruction (18 USC 1512(c)(2)) came from the January 6 Committee. J6C — and people like Eisen — were still looking at insurrection long after I was screaming that DOJ would use obstruction. They — and people like Eisen — still hadn’t figured out how DOJ was using obstruction even after Carl Nichols specifically raised the prospect of using it with Trump.

NYT’s discussion of the pending appeal from Thomas Robertson in the DC Circuit (in the last paragraphs of the article) is as good as you’ll see in the mainstream press. They know well the obstruction charges builds on years of work by DOJ’s prosecutors, but nevertheless point to J6C’s fairly thin referral of it, as if that, and not the charges in 300 January 6 cases already, is where it comes from.

The reason we knew DOJ would use obstruction is because DOJ has been, overtly, setting that up for years.

In its description of the unexpected mention of 241, though, NYT describes that “prosecutors have introduced a new twist.”

Federal prosecutors have introduced a new twist in the Jan. 6 investigation by suggesting in a target letter that they could charge former President Donald J. Trump with violating a civil rights statute that dates back to the post-Civil War Reconstruction era, according to three people familiar with the matter.

Again, it was a surprise to me, too. I’m not faulting the NYT for being surprised. But that doesn’t mean prosecutors “introduced a new twist,” as if this is some fucking reality show. It means journalists, myself included, either don’t know of, misinterpreted the investigative steps that DOJ has already taken, or simply didn’t see them — and I fear it’s the latter.

To be sure, in retrospect there are signs that DOJ was investigating this. In December, WaPo reported that DOJ had subpoenaed election officials in predominantly minority counties in swing states (notably, the journalists on the story were local reporters, neither Trump whisperers nor the WaPo journalists who’ve given scant coverage to the crime scene investigation).

Special counsel Jack Smith has sent grand jury subpoenas to local officials in Arizona, Michigan and Wisconsin — three states that were central to President Donald Trump’s failed plan to stay in power following the 2020 election — seeking any and all communications with Trump, his campaign, and a long list of aides and allies.

The requests for records arrived in Dane County, Wis.; Maricopa County, Ariz.; and Wayne County, Mich., late last week, and in Milwaukee on Monday, officials said. They are among the first known subpoenas issued since Smith was named last month by Attorney General Merrick Garland to oversee Trump-related aspects of the investigation of the Jan. 6, 2021, attack on the U.S. Capitol, as well as the criminal probe of Trump’s possible mishandling of classified documents at his Florida home and private club.

The subpoenas, at least three of which are dated Nov. 22, indicate that the Justice Department is extending its examination of the circumstances leading up to the Capitol attack to include local election officials and their potential interactions with the former president and his representatives related to the 2020 election.

The virtually identical requests to Arizona and Wisconsin seek communications with Trump, in addition to employees, agents and attorneys for his campaign. Details of the Michigan subpoena, confirmed by Secretary of State Jocelyn Benson, were not immediately available.

[snip]

Previous subpoenas, in Arizona and other battleground states targeted by Trump, have been issued to key Republican players seen as allies in his pressure campaign to reverse the results of the 2020 election. Maricopa County, the sprawling Arizona jurisdiction that is home to Phoenix and more than half the state’s voters, was among several localities on the receiving end of that pressure.

The Post could not confirm Tuesday whether the latest round of subpoenas went to local officials in any other states. The office of the secretary of state in Pennsylvania, another 2020 contested state, declined to comment. State and local election officials in another contested state, Georgia, said they knew of no subpoenas arriving in the past week. Officials in Clark County, Nev., the sixth contested state, declined to comment.

The Arizona subpoena was addressed to Maricopa County’s elections department, while the Wisconsin versions were addressed to the Milwaukee and Dane clerks. All seek communications from June 1, 2020, through Jan. 20, 2021. [snip]

These subpoenas asked for Trump’s contacts with local election officials, in the predominantly minority counties that Democrats need to win swing states, going back to June 2020, well before the election itself. By December 2022, DOJ was taking overt steps in an investigation that even before the election Trump had plans targeting minority cities.

And there may have been a still earlier sign of this prong of the investigation, from the NYT itself. Alan Feuer (with Mike Schmidt) reported in November that prosecutors were investigating Stone’s rent-a-mob tactics, going back to 2018 but really going back to the Brooks Brothers riot in 2000, the same fucking MO Stone has adopted for decades, using threats of violence to make it harder to count brown people’s votes.

The time was 2018, the setting was southern Florida, and the election in question was for governor and a hotly contested race that would help determine who controlled the United States Senate.

Now, four years later, the Justice Department is examining whether the tactics used then served as a model for the attack on the Capitol on Jan. 6, 2021.

In recent months, prosecutors overseeing the seditious conspiracy case of five members of the Proud Boys have expanded their investigation to examine the role that Jacob Engels — a Florida Proud Boy who accompanied Mr. Stone to Washington for Jan. 6 — played in the 2018 protests, according to a person briefed on the matter.

The prosecutors want to know whether Mr. Engels received any payments or drew up any plans for the Florida demonstration, and whether he has ties to other people connected to the Proud Boys’ activities in the run-up to the storming of the Capitol.

Different prosecutors connected to the Jan. 6 investigation have also been asking questions about efforts by Mr. Stone — a longtime adviser to Mr. Trump — to stave off a recount in the 2018 Senate race in Florida, according to other people familiar with the matter.

[snip]

The 2018 demonstrations in Florida did not come close to the scale or intensity of the assault on the Capitol by a pro-Trump mob, but the overlap in tactics and in those involved was striking enough to have attracted the attention of federal investigators.

Information obtained by investigators shows that some of those on the ground in 2018 called the protests “Brooks Brothers 2.0,” a reference to the so-called “Brooks Brothers riot” during a recount of the presidential vote in Florida in 2000. During that event, supporters of George W. Bush — apparently working with Mr. Stone — stormed a local government building, stopping the vote count at a crucial moment.

As I noted at the time, the NYT story ignored Stone’s 2016 efforts, but his efforts to intimidate Black voters at the polls in that year was the origin of the Stop the Steal effort that Ali Alexander was entrusted to implement in 2020 while Stone awaited his pardon.

And we know from evidence submitted at the Proud Boys trial that their role in mobs was not limited to January 6, but was instead mobilized on a moment’s notice immediately after the election.

Tarrio even indicated that he had gotten instructions from “the campaign.”

Finally, for all my complaints about the treatment of Brandon Straka, this prong may have — should have — gone back still earlier, to the belated discovery of Straka’s grift.

This investigation has been happening. It’s just that reporters — myself included — didn’t report it as such.

It’s not just the epic mob Trump mobilized on January 6, an attempt to use violence to prevent the votes of 81 million Biden voters to be counted. It was an effort that went back before that, to use threats of violence to make it harder for election workers like Ruby Freeman to count the vote in big cities populated by minorities.

One reason TV lawyers didn’t see this is they have always treated Trump’s suspected crimes as a white collar affair, plotting in the Willard, but not tasing Michael Fanone at the Capitol.

But it is also about race and visibility.

January 6 was spectacular, there for the whole world to see.

But those earlier mobs — at the TCF center in Detroit, the State Farm arena in Atlanta, Phoenix, Milwauke — those earlier mobs were also efforts to make sure certain votes weren’t counted, or if they were, were only counted after poorly paid election workers risked threats of violence to count them, after people like Ruby Freeman were targeted by Trump’s team to have their lives ruined.

And we, the press collectively, didn’t treat those efforts to disqualify votes as the same kind of crime, as part of the same conspiracy, as Trump’s more spectacular efforts on January 6.

Update: Added the campaign texts. Thanks to Brandi, who knew exactly where to find them.

Update: Ironically, Bill Barr’s testimony may be pivotal to prove that Trump targeted Detroit because of race. That’s because Barr specifically told Trump he had done better in Detroit than he did in 2016.

Trump raised “the big vote dump, as he called it, in Detroit,” Barr said. “He said ‘people saw boxes coming into the counting station at all hours of the morning’ and so forth.”

Barr said he explained to Trump that Detroit centralized its counting process at the TCF Center downtown convention hall rather than in each precinct. For the November 2020 general election, Michigan’s largest city counted its absentee ballots at the convention center under the supervision of state Bureau of Election Director Chris Thomas. Because of the COVID-19 pandemic, most ballots cast were absentee.

“They’re moved to counting stations,” Barr said. “And so the normal process would involve boxes coming in at all different hours.”

“I said, ‘Did anyone point out to you … that you did better in Detroit than you did last time? There’s no indication of fraud in Detroit,” Barr said he told Trump.

Everyone in MI knows — and I’m sure Trump knows — he lost MI because he lost Kent County, which as more young people move into Grand Rapids has been getting more Democratic in recent years. That Trump targeted Detroit and not Kent (or Oakland, which has also been trending increasingly Democratic) is a testament that this was about race.

Update, 7/30: Both NAACP and ACLU recognized this in real time. Here’s ACLU’s suit.


“I can get any source on the planet.” The Pre-History of Gal Luft’s Pre-“Whistleblower” Indictment

In this post I noted that Gal Luft — the guy who got James Comer all hot and bothered about having a “whistleblower” confirming his conspiracy theories about Hunter Biden — was indicted on November 1, 2022, before the Republicans even won back the House. The timing alone debunks Luft’s and GOP claims that he was charged as retaliation for coming forward to Republicans.

But he might have been charged even before that.

That’s because the statutes of limitation for many of the substantive charges against him — save the alleged conspiracy to violate FARA — would have expired before he was indicted if he hadn’t fled the country when the person referred in his indictment as co-conspirator-1, Chi Ping Patrick Ho, was arrested in November 2017.

Here’s what the charges, duration, and five year Statute of Limitation looks like for the indictment against Luft.

It seems exceedingly likely that SDNY charged Luft on November 1, 2022 because that’s the day the Statute of Limitations would otherwise have expired on the headline charge: the conspiracy to get James Woolsey to act on behalf of CEFC by using Luft’s NGO as a cut-out.

But the five year Statutes of Limitations would have started expiring on the other substantive charges starting in November 2020.

DOJ could still indict Luft on those charges because — as they allude to in the indictment — once his alleged co-conspirator Patrick Ho was charged in November 2017, he fled the US and never returned.

Since the arrest of an associate (“CC-1”) on different U.S. charges in mid-November 2017, LUFT has remained outside the United States.

The known Luft docket doesn’t show any complaint prior to the indictment. But SDNY doesn’t always include prior charges in the prosecution docket (note, for example, that the Oleg Deripaska docket starts with a superseding indictment as document number 1, thereby hiding the timing and content of the prior indictment).

But if DOJ wanted to preserve those other charges until such time as they indicted on the last-expiring one, they might have obtained one or several serial complaints charging them, in case Luft ever happened to fly into the US unexpectedly, which would otherwise have cause those Statutes of Limitation to expire. If that’s right, then SDNY may have started charging Luft as early as November 2020, with more controversial charges involving Iran and Libya the following year.

With that in mind, I want to look at what the Patrick Ho prosecution — Luft’s alleged co-conspirator in counts 1 and 2, as well as Hunter Biden’s associate and legal client through the beginning of Ho’s own prosecution in 2018 — says about the investigation into Luft.

Based on search warrant return dates, DOJ appears to have obtained probable cause against Ho by June 20, 2016 — possibly based off a FISA warrant noticed during the prosecution. Before his arrest, DOJ continued to obtain Ho’s cloud communications at least through March 6, 2017 — meaning they were collecting communications Ho had with Luft during the period he was cultivating the Woolsey deal, and would have been collecting emails with Hunter Biden, except — unless I fucked up the search — none of the noticed email accounts show up in the MarcoPolo set.

While it’s clear CEFC did use charity to try to cultivate Hunter Biden, it’s not entirely clear what role Ho’s NGO played in that process (or whether Hunter had direct involvement with it). It’s worth noting on this point, charges against the Chadian whom Ho was convicted of trying to bribe were dropped. And Woolsey is not known to have been charged, in part because the Chinese payments to him were too well laundered through (allegedly) entities like Luft’s own NGO — likely the same reason why Tony Podesta wasn’t charged for involvement in Paul Manafort’s Ukrainian influence peddling.

Ho was first charged by complaint on November 16, 2017, then arrested as he landed in JFK two days later. On his arrest, the FBI took possession of six USB drives, at least two phones, and an iPad, all of which they presumably searched.

In the wake of Ho’s arrest, DOJ took other overt steps, which they cited in a detention filing to describe how much more they learned after Ho’s arrest. Those steps including interviewing witnesses, executing search warrants — including for Ho’s Virginia NGO, and subpoenaing documents from third parties.

The government first publicly mentioned the arms and Iran conduct subsequently charged against Luft in an October 2018 motion in limine. Because Ho seemed to be preparing to claim his involvement in Chad and Uganda — the two countries he was charged with attempting to bribe — involved charity, a defense that would have skirted aspects of the charged crime, Foreign Corrupt Practices Act, the government argued they should be able to introduce evidence that Ho was pushing CEFC business, not just charity.

On October 2014, the defendant sent his assistant an email stating, “I am going to BJ [i.e., Beijing] this Friday to see [the Chairman of CEFC NGO and CEFC China] on Sat afternoon. The documents I want to send him before hand in separate items are: . . . 7. Iranian connection (brief).”4 On the same date, the defendant sent his assistant another email, attaching a document, which stated, in pertinent part:

7) Iranian Connection . . . Iran has money in a Bank in china which is under sanction. Iran wishes to purchase precious metal with this money. The precious metal is available through a Bank in HK which cannot accept money from the Bank in China which holds the money but is under sanction. The Iranian agent is looking for a Chinese company acting as a middle man in such transactions and will pay commission. (details to be presented orally) The Iranian connection has strong urge to establish trading relationship with us in oil and products . . . .

The following year, in June 2015, the defendant received an email that stated, in pertinent part: “The Iranian team will arrive in BJ . . . . See the attached.” The attachment referenced in the email was a PowerPoint presentation entitled “Presentation to Potential Partners Iran Petroleum Investments.” The next day, the defendant forwarded the email to his assistant, stating, “For writing report to [the Chairman of CEFC NGO and CEFC China].”

The following year, in June 2016, the defendant emailed another individual, blindcopying his assistant, and stated, in pertinent part, “Will get [two executives of CEFC China] to meet with [oil executive at company with operations in Iran] in BJ, and [another individual] also on another occasion if he comes. You can start organizing these. . . . Other matters ftf [i.e., face to face].” [paragraph 78]

[snip]

The defendant also sought to and did broker arms transactions unrelated to the Chad and Uganda schemes charged in this case. For example:

In March 2015, an individual sent the defendant an email, stating, “I have the list and end user agreement. Pls advise next step.” On the same day, the defendant replied, in pertinent part, “Find a way to pass them onto me and we can execute that right away[].” The individual replied, “Attached. [W]e have the funding and processing mechanisms in place. If it works nice there will be much more. Also for S. Sudan.” The attachment to this email was a document entitled “End User Certificate,” certifying that the user of the goods in question would be the Ministry of Defense of the Republic of Libya. The goods listed on the document included numerous arms. [paragraph 48]

The following month, the defendant sent an email that stated in pertinent part: “It so turns out Qatar also needs urgently a list of toys from us. But for the same reason we had for Libya, we cannot sell directly to them. Is there a way you could act as an intermediary in both cases?” The person whom the defendant emailed replied: “Qatar good chance bc there is no embargo. Libya is another case bc going against an embargo is tricky.” The defendant responded: “Qatar needs new toys quite urgently. Their chief is coming to China and we hope to give them a piece of good news. Please confirm soonest.” [paragraph 48]

As linked above, several of the documents described in this motion describing “other uncharged conduct” are documents listed in Luft’s own indictment. Given that he fled upon Ho’s arrest, he seems to have recognized the threat to himself at that point, in 2017. If not, the public docketing of these documents should have made that clear.

The government repeated these references to communications with Luft — among other places — in their sentencing memorandum for Ho, submitted on March 18, 2019, just days before the meeting with Luft in Belgium.

So Luft was on notice about this part of the criminal investigation into him when he arranged that meeting and pitched dirt on Hunter Biden. The meeting was literally days after Ho was sentenced on March 25, 2019.

SDNY didn’t charge Ho with either of the conspiracies in which he is named as Luft’s co-conspirator, even though their understanding of the arms control conspiracy was well-advanced by the time of his trial in November 2018. He remained imprisoned in the US until June 8, 2020, well over a year after the interview with Luft, after which Ho was deported to Hong Kong. Admittedly, that was the height of the pandemic and Ho was already 70, and so would have been difficult to keep jailed.

But the timing of Luft’s meeting with the SDNY and FBI — literally days after Ho’s sentencing — suggests that SDNY took that opportunity to advance the several overt prongs of the investigations against him, regardless of what dangle — true or not — about Hunter Biden Luft offered. They had already, publicly, made clear they believed it was criminal conduct.

Luft was on notice about that before the Brussels meeting and, as alleged in the indictment, he lied about the arms control scheme and discussions with Iran.

It probably would have been easier to extradite him from the US Embassy in Brussels than it would from Cyprus, so clearly SDNY wasn’t ready to arrest him yet.

There’s no False Statements charge in the indictment pertaining to Woolsey, however, so it’s unclear whether the FBI asked Luft about that.

Trump’s Criminal Division head, Brian Benczkowski, took credit for the Ho sentencing (and may have had to approve the meeting with Luft). So it seems likely even Bill Barr’s DOJ were fine with those two prongs of the Luft prosecution.

The Woolsey allegation, of course is a different matter.

So, too, might another one be.

Count 7 of his indictment charges Luft with violating sanctions against Iran. It starts, as such charges do, with an explanation of the IEEPA authorizing such sanctions, generally. It spends six paragraphs describing the sanctions regime against Iran. It spends eight paragraphs describing the charged conduct involving Iran. Then, before the two paragraphs charging Luft for evading Iran sections, his indictment includes this paragraph:

80. Several months later, on or about October 10, 2016, CC-2 emailed GAL LUFT, the defendant, that CC-2 had a Chinese client who needed Russian oil, which LUFT confirmed he could help provide: “I just got off the phone with Russia. They have this.” Forwarding this email to CC-1, LUFT wrote: “If [CC-2] really has this client we need to grab it. This is exactly what we need. . . . I can get any source on the planet.”

That’s not related to the current charges (though if Luft continued to pursue business with Russia, particularly after 2017 and 2022 sanctions, those might amount to IEEPA sanctions violations as well). But it suggests DOJ’s interest into Luft may extend beyond China.


Andrew DeFilippis Had a Role in the Prosecution of Gal Luft’s Co-Conspirator-1

James Comer plans to rely on Gal Luft’s testimony in his efforts to gin up conspiracy theories against Joe Biden, even in spite of the indictment against Luft DOJ obtained before James Comer started pursuing his conspiracy theories.

Andrew DeFilippis handled the classified evidence in the Patrick Ho case

Because of that, I want to flag a detail about the Patrick Ho case, the case out of which this one arose.

Ho is the person described as Co-Conspirator-1 in the Luft indictment.

Ho was sentenced on March 25, 2019 for bribing Chadian and Ugandan officials; the former scheme started in a suite in Trump Tower in 2014.

Through a connection, HO was introduced to Cheikh Gadio, the former Minister of Foreign Affairs of Senegal, who had a personal relationship with President Déby. HO and Gadio met at CEFC China’s suite at Trump World Tower in midtown Manhattan, where HO enlisted Gadio to assist CEFC China in obtaining access to President Déby.

Days after Ho was sentenced, the two lead prosecutors on that case, Catherine Ghosh and Daniel Richenthal, flew to Brussels to meet with Luft. As alleged in the indictment, Luft lied to those prosecutors and four FBI agents about both the arms deals and Chinese influence peddling for which he has since been charged.

64. On or about March 28, 2019, in the Southern District of New York, Belgium, and elsewhere outside of the jurisdiction of any particular State or district of the United States, GAL LUFT, the defendant, who is expected to be first brought to and arrested in the Southern District of New York, a matter within the jurisdiction of the executive branch of the Government of the United States, knowingly and willfully made a materially false, fictitious, and fraudulent statement and representation, to wit, LUFT falsely stated during an interview at the United States Embassy in Brussels, Belgium with federal law enforcement officers and prosecutors, in connection with an investigation being conducted in the Southern District of New York, that LUFT had not sought to engage in or profit from arms deals, and instead merely had been asked by an Israeli friend who dealt in arms to check arms prices so that the friend could use this information in bidding on deals, a request that LUFT said he fulfilled by having CC-1 check prices with CC-2 and then relay this information to LUFT–when in fact LUFT had actively worked to broker numerous illegal arms deals for profit involving multiple different countries, both in concert with CC-1 and directly himself, including as described in paragraphs Forty-Four through Fifty-Three above.

[snip]

84. On or about March 29, 2019, in the Southern District of New York, Belgium, and elsewhere outside of the jurisdiction of any particular State or district of the United States, GAL LUFT, defendant, who is expected to be first brought to and arrested in the Southern District of New York, in a matter within the jurisdiction of the executive branch the Government of the United States, knowingly and willfully made a materially false, fictitious, and fraudulent statement and representation, to wit, LUFT falsely stated during an interview at the United States Embassy in Brussels, Belgium with federal law enforcement officers and prosecutors, in connection with an investigation being conducted in the Southern District of New York, that LUFT had tried to prevent CEFC China from doing an oil deal with Iran, that LUFT had been excluded from CEFC China meetings with Iranians, and that LUFT did not know of any CEFC China dealings with Iran while he was affiliated with the company–when in fact, including as described above in paragraphs Sixty-Six through Eighty, LUFT personally attended at least one meeting between CEFC China and Iranians and assisted in setting up additional such meetings for the purpose of arranging deals for Iranian oil, and also worked to find a buyer of Iranian oil while concealing its origin.

Starting in early 2018, DeFilippis handled the classified evidence on the Ho case — both CIPA and a FISA order. He would have spent a great deal of time reviewing what the spooks had obtained on Ho and his associates, undoubtedly including Luft.

Andrew DeFilippis investigated John Kerry for a year

DeFilippis’ efforts on the Ho case took place in parallel with his efforts to gin up a criminal investigation against John Kerry. Here’s how Geoffrey Berman described being ordered to do that by Main Justice.

On May 9, the day after the second Trump tweet, the co-chiefs of SDNY’s national security unit, Ferrara and Graff, had a meeting at Main Justice with the head of the unit that oversees counterintelligence cases at DOJ, which is under the National Security Division.

He said that Main Justice was referring an investigation to us that concerned Kerry’s Iran-related conduct. The conduct that had annoyed the president was now a priority of the Department of Justice. The focus was to be on potential violations of the Logan Act.

[snip]

From the outset, I was skeptical that there was a case to be made. I knew enough about the Logan Act to have strong doubts. Politicians from both sides of the aisle have talked about it from time to time, suggesting that some opponent is in violation of it. It never goes anywhere.

But I figured if they bring us a possible case, we’ll do our best. We’ll look into it. We brought a prosecutor from the national security unit, Andrew DeFilippis, into the investigation.

Trump, meanwhile, kept on tweeting. “John Kerry had illegal meetings with the very hostile Iranian Regime, which can only serve to undercut our great work to the detriment of the American people,” he wrote that September. “He told them to wait out the Trump Administration! Was he registered under the Foreign Agents Registration Act? BAD!”

DeFilippis’ efforts extended into 2019, overlapping with the trial of Ho and the interview with Luft. National Security prosecutors at Main Justice kept pressuring SDNY to advance the investigation into Kerry, but first, Berman had DeFilippis research whether the Logan Act would be chargeable even if Kerry had committed it.

The next step would have been to conduct an inquiry into Kerry’s electronic communications, what’s known as a 2703(d) order. That would have produced the header information—the to, from, date, and subject fields—but not the contents. I decided that before moving forward, it made sense to evaluate whether we would ever have a viable, appropriate charge that matched up with Kerry’s alleged conduct.

At the risk of stating the obvious, under our system of law, pissing off the president is not a chargeable offense. I asked DeFilippis to conduct additional legal research into the Logan Act and other potentially applicable theories. “Look, we’re talking about going to the next step here,” I said.

“But before we do any further investigation, I want to know what the law is on the Logan Act. Let’s say we gather additional documents—I want to know, how is that helping us?”

I wanted to answer the question, even if these things happened, was it a crime? Let’s cut to the chase and find that out, because we’ve got plenty of other work to do and I don’t want us to just be spinning our wheels on this.

For the next several months, DeFilippis conducted extensive research into the Logan Act as well as statutes relating to possible criminal ethics violations by former senior government employees.

On April 22, 2019, Trump tweeted, “Iran is being given VERY BAD advice by @JohnKerry and people who helped him lead the U.S. into the very bad Iran Nuclear Deal. Big violation of Logan Act?”

The tweet was in the morning. That afternoon, Ferrara got a call from Main Justice. He was told that David Burns, the principal deputy assistant attorney general for national security, wanted to know why we were delaying. Why had we not proceeded with a 2703(d) order—the look into Kerry’s electronic communications?

The next day, Burns spoke to Ferrara, Graff, and DeFilippis and repeatedly pressed them about why they had not submitted the 2703(d) order. The team responded that additional analysis needed to be done before pursuing the order.

SDNY decided not to pursue the case against Kerry in fall of 2019.

We spent roughly a year exploring whether there was any basis to further investigate Kerry. Memos were written, revised, and thoroughly discussed.

Our deep dive into the Logan Act confirmed why no one has ever been successfully prosecuted under it in the more than 220 years it has been on the books: the law is not useful. It definitely does not prohibit a former US secretary of state from talking to a foreign official. We did not find that Kerry violated any ethics statutes or any laws having to do with the improper handling of classified material.

In September 2019, DeFilippis advised the National Security Division at Main Justice that we would not be pursuing the case further. He had earlier attempted to tell the specific NSD attorney assigned to the case of our decision, but he couldn’t connect because that attorney was engaged in another matter: the Craig trial.

Sometime after that, DeFilippis became the lead prosecutor on the Durham team, leading the prosecution of Michael Sussmann.

Andrew DeFilippis oversaw the most abusive parts of the John Durham prosecution

Over the course of the Michael Sussmann prosecution, DeFilippis and his prosecution team:

As noted above, Geoffrey Berman boasted that the investigation into Kerry didn’t leak. Even ignoring the inexplicably perfect concert between Alfa Bank’s efforts and Durham’s, it’s not clear the same can be said about the Durham investigation.

And it’s not just that DeFilippis routinely tried to introduce evidence that served his narrative rather than matched the facts. It’s that DeFilippis repeatedly — most notably in the alleged complaint that researchers working on a DARPA project would attempt to identify which Russians were interfering in the US election — proved more sympathetic of Russian efforts to help get Trump elected than to conduct an ethical prosecution.

Last August, shortly before Durham confessed the utter humiliation of his team at the hand of Sergei Millian, DeFilippis withdrew from the Durham team with almost no notice, left DOJ, and returned — in a Special Counsel role, not as Partner — to Sullivan & Cromwell.

These are just data points. There is no reason, yet, to believe that DeFilippis continues to unethically gin up conspiracy theories against Democrats.

But they are data points I thought worth collecting in one place.

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Originally Posted @ https://www.emptywheel.net/2016-presidential-election/page/5/