Trump’s Lawyer: I Did Not Go to Prague I Did Not Go to Prague I Did Not Go to Prague I Did Not Go to Prague

Four days ago, Michael Cohen (or the Trump Organization) pre-empted revelations that would leak as soon as he turned over a third tranche of documents to the House Intelligence Committee by revealing a seemingly damning detail from it: along with Trump’s associate Felix Sater, Cohen was pursuing a Trump Tower deal in Moscow well after Trump’s campaign was in full swing. Sure enough, more damning information was still to come: Sater somehow imagined the deal — whatever it was — would get Trump elected. Then still more damning information: in January 2016, Cohen reached out to trusted Putin aide Dmitry Peskov to push for help on the deal. That’s when Cohen began to not recall precisely what happened, and also ignore questions about why he hadn’t told Trump about this call, unlike the other actions he took on this deal.

Again, these events were connected to Cohen’s delivery of a tranche of documents on August 28 to HPSCI.

Today, the letter Cohen sent to HPSCI on August 14 after reviewing and delivering two previous tranches of documents got liberated (this copy by the Daily Beast, but multiple outlets got copies). So the letter, which includes four pages plus backup rebutting the allegations made about Cohen in the Steele dossier, reflects the understanding Cohen’s lawyers had two weeks before they delivered emails showing Cohen was contacting Putin’s trusted aide in support of a deal that Sater believed would get Trump election.

Before I look at the letter, let me reiterate what I have suggested elsewhere (I plan to return to these shortly). There are real, unanswered questions about the provenance of the document as leaked by BuzzFeed. Some of the circumstances surrounding its production — most notably its funders and their claimed goals, and Steele’s production of a final report, based off voluntarily provided information, for free — raise real questions about parts of the dossier. I think it quite likely some parts of the dossier, especially the last, most inflammatory report (which accuses Cohen of attending a meeting where payments from Trump to the hackers that targeted the Democrats were discussed), were disinformation fed by the Russians. I believe the Intelligence Community is almost certainly lying about what they knew about the dossier. I believe the Russians know precisely how the dossier got constructed (remember, a suspected source for it died in mysterious circumstances in December), and they expect the exposure of those details will discredit it.

So while I think there are truths in the dossier, I do think its current form includes rumor and even affirmative disinformation meant to discredit it.

With that said — and remembering all the time that shortly after this letter got written, documents were disclosed showing Cohen was involved in brokering a deal that Sater thought might get Trump elected — here’s my analysis of the document.

The entire letter is pitched around the claim that HPSCI “included Mr. Cohen in its inquiry based solely upon certain sensational allegations contained” in the Steele dossier. “Absent those allegations,” the letter continues, “Mr. Cohen would not be involved in your investigation.” The idea — presented two weeks before disclosure of emails showing Cohen brokering a deal with Russians in early 2016 — is if Cohen can discredit the dossier, then he will have shown that there is no reason to investigate him or his role brokering deals with the Russians. Even the denial of any documents of interest is limited to the dossier: “We have not uncovered a single document that would in any way corroborate the Dossier’s allegations regarding Mr. Cohen, nor do we believe that any such document exists.”

With that, Cohen’s lawyers address the allegations in the dossier, one by one. As a result, the rebuttal reads kind of like this:

I Did Not Go to Prague I Did Not Go to Prague I Did Not Go to Prague I Did Not Go to Prague

Cohen literally denies that he ever traveled to Prague six times, as well as denying carefully worded, often quoted, versions of meeting with Russians in a European capital in 2016. Of course that formulation — He did not participate in meetings of any kind with Kremlin officials in Prague in August 2016 — stops well short of other potential ties to Russians. And two of his denials look very different given the emails disclosed two weeks later showing an attempt to broker a deal that Felix Sater thought might get Trump elected, including an email from him to one of the most trusted agents of the Kremlin.

Mr. Cohen is not aware of any “secret TRUMP campaign/Kremlin relationship.”

Mr. Cohen is not aware of any indirect communications between the “TRUMP team” and “trusted agents” of the Kremlin.

As I said above, I think it highly likely the dossier includes at least some disinformation seeded by the Russians. So the most charitable scenario of what went down is that the Russians, knowing Cohen had made half-hearted attempts to broker the Trump Tower deal Trump had wanted for years, planted his name hoping some kind of awkwardness like this would result.

If so, Mission accomplished!

All that said, the way in which Cohen has orchestrated this disclosure — up to and including his failures to recall and answer obvious questions — is either great lawyering and/or sign that this earlier deal making is a real problem.

It may be that HPSCI only investigated Cohen because he was badly implicated in the Steele dossier. But if so, it led to the disclosure of earlier deal-making, including an attempt to reach out to one of Putin’s most trusted associates, that will likely give HPSCI a whole new reason to investigate.

How Does Inking a Luxury Residential Real Estate Deal in Moscow Get You Elected President? In the US, I Mean?

There’s an implicit premise of my posts covering yesterday’s big scoops on the emails between Felix Sater and Michael Cohen turned over to the House Intelligence Committee yesterday:

The NYT republished fragments of two of the emails. Here’s the key one:

Michael I arranged for Ivanka to sit in Putins [sic] private chair at his desk and office in the Kremlin. I will get Putin on this program and we will get Donald elected. We both know no one else knows how to pull this off without stupidity or greed getting in the way. I know how to play it and we will get this done. Buddy our boy can become President of the USA and we can engineer it. I will get Putins [sic] team to buy in on this, I will manage this process.

On November 3, 2015, two months before the GOP primary started in earnest and barely over a year before the presidential election, mobbed up real estate broker and sometime FBI informant Felix Sater emailed Trump Organization Executive Vice President and Special Counsel to Trump, Michael Cohen. According to the fragment we read, Sater boasts of his access to Putin going back to 2006 (when the Ivanka incident reportedly happened), and said “we can engineer” “our boy” becoming “President of the USA.”

Before HPSCI got the emails, the Trump Organization did a preemptive leak to the WaPo, which successfully cemented the interpretation of the “news” associated with these emails as proof of another contact between Trump associates and Russians. Cohen’s statement to HPSCI, which WaPo’s later reporting quoted, reaffirmed that view, even though key details about it — why, of all the things he couldn’t recall, was whether Putin associate Dmitry Peskov responded to an email in which Cohen asked for his personal response, or why Cohen would email a press contact like Peskov, who readily gives out his personal email, to a general email line that is less likely to be bugged by western intelligence — remain unexplained.

The NYT only released one paragraph of the emails it published; it’s unclear whether that’s all they got, or whether they’ve just chosen to redact all the context.

Nevertheless, this paragraph, presented as it is, ought to have elicited very different “news” reporting: a year before the election, Sater was boasting he could get Trump elected because of his ties to Putin. In an update (the NewsDiffs on NYT’s version of this story are worth reviewing in detail, particularly for the way they shift emphasis away from Sater’s claims in the email), the NYT reprinted Sater’s lawyer’s explanation, which doesn’t address the underlying question at all, even while it replicates the spin that this would be nothing more than a “political win.”

Through his lawyer, Mr. Sater declined on Monday to address why he thought the deal would be a political win for Mr. Trump. He said he brought the project to Mr. Cohen in late 2015, but that he was not working for the Trump Organization and “would not have been compensated” by them.

“During the course of our communications over several months, I routinely expressed my enthusiasm regarding what a tremendous opportunity this was for the Trump Organization,” Mr. Sater said.

Again, perhaps the full emails justify this approach. But absent a better explanation, the question that should be answered by this scoop — well before the excitement of proof of yet one more tie between a Trump associate and increasingly senior Russians — is why Sater believed whatever he was emailing Cohen about would lead to Trump’s election?

Even assuming Cohen’s personal intervention via Peskov got Putin to rubber stamp the missing permits in early January 2016, which was the most optimistic scenario short of the personal trip to Moscow Sater was pushing Cohen to take, how would that have had any influence on the Presidential election at that point 11 months away? Obviously, the actual building, its clients, the possibility it might be used to launder money, perhaps even back into Putin’s pockets — none of that would be in place in time for the election. Yet another luxury residence in a city most American voters will never visit isn’t going to flip many votes, if any. More realistically, the deal would be regarded just as reporters are now spinning it, as an inappropriate potential conflict of interest, even ignoring the Russophobia that would ratchet up later in the year.

The second email NYT published in part might be a quasi explanation.

Michael we can own this story. Donald doesn’t stare down, he negotiates and understand the economic issues and Putin only want to deal with a pragmatic leader, and a successful business man is a good candidate for someone who knows how to negotiate. “Business, politics, whatever it all is the same for someone who knows how to deal.”

That is, perhaps Sater believed that if Trump could negotiate with Putin successfully, voters would value his negotiating ability more highly than former Secretary of State Hillary’s. That’s probably what Trump voters actually did, but it required no fresh deals. But even here, Sater is again positioning his pitch in terms of what will impress Putin, not what will impress American voters.

Sater is a lot of things, but he’s nowhere near the dumbest Trump associate. Why is it that he sent an email to Cohen promising a deal would help Trump get elected?

One more detail. This is not the first exchange Cohen had with the committees. Congress first got interested in Cohen at the end of May; Cohen refused the first requests, declaring them overly broad. And, as the NYT notes, Cohen’s lawyer already started communicating with the committee, issuing a point-by-point refutation of the parts of the Steele dossier that pertain to Cohen.

Earlier this month, Mr. Cohen’s lawyer, Stephen M. Ryan, wrote a letter to congressional investigators that contained what he said was a point-by-point refutation of a dossier suggesting that Mr. Cohen colluded with Russian operatives. That dossier, compiled by a retired British spy and briefed to Mr. Trump during the transition, was published online early this year.

“We do not believe that the committee should give credence to or perpetuate any of the allegations relating to Mr. Cohen unless the committee can obtain independent and reliable corroboration,” Mr. Ryan wrote.

So was this found amid all his other emails, or is it something he only belatedly included?

Update: As Digby noted, there were rumors flying some weeks ago that Sater may be prepping to flip again, as he has for Robert Mueller’s investigators in the past.

And according to Wood’s sources, Sater may have already flipped and given prosecutors the evidence they need to make a case against Trump.

For several weeks there have been rumours that Sater is ready to rat again, agreeing to help Mueller. ‘He has told family and friends he knows he and POTUS are going to prison,’ someone talking to Mueller’s investigators informed me.

Sater hinted in an interview earlier this month that he may be cooperating with both Mueller’s investigation and congressional probes of Trump.

“In about the next 30 to 35 days, I will be the most colourful character you have ever talked about,” Sater told New York Magazine. “Unfortunately, I can’t talk about it now, before it happens. And believe me, it ain’t anything as small as whether or not they’re gonna call me to the Senate committee.”

I doubt Sater is cooperating, given the way his lawyer has adopted the spin Cohen first planted. If Sater is cooperating with some real dirt, it might explain why Cohen would roll out sharing these emails with a pre-emptive leak that succeeded, splendidly, in distracting the coverage from the more fundamental question raised here.

Michael Cohen Starts Not Recalling His Negotiations with Dmitry Peskov, “Main Protagonist” of Campaign Versus Hillary

In this post, I suggested the WaPo scoop about Felix Sater discussing a Trump Tower deal was Michael Cohen’s attempt to pre-empt the real story, which would begin to come out after those particular emails got delivered to HPSCI.

Once they got delivered, we learned that Sater connected the Trump Tower plan (if there ever was one) with getting Trump elected.

Michael I arranged for Ivanka to sit in Putins [sic] private chair at his desk and office in the Kremlin. I will get Putin on this program and we will get Donald elected. We both know no one else knows how to pull this off without stupidity or greed getting in the way. I know how to play it and we will get this done. Buddy our boy can become President of the USA and we can engineer it. I will get Putins [sic] team to buy in on this, I will manage this process.

The immediate question at that point should have been why Sater would tie this alleged real estate deal to getting Trump elected, but instead the follow-up reporting has been about the alleged deal.

In response to the first release of that language, Cohen “rebutted” that focus on Sater by denying two things that don’t address what the main focus should be.

Mr. Cohen suggested that Mr. Sater’s comments were puffery. “He has sometimes used colorful language and has been prone to “salesmanship,” Mr. Cohen said in a statement. “I ultimately determined that the proposal was not feasible and never agreed to make a trip to Russia.”

Sater was just engaged in salesmanship. But for what? A tower or a presidency?

Cohen never went to Russia. But did he make the deal without leaving NYC?

Now, a second story based on the emails actually turned over reveals a far more interesting detail: Cohen may not have gone to Russia, but he did reach out to Dmitry Peskov.

Peskov, you may recall, was (per the Steele dossier) the “main protagonist” of the kompromat campaign against Hillary, which initially reportedly — but perhaps not credibly — started as sharing old dirt on Hillary with Trump’s campaign, but by the end, consisted of deciding to leak the second batch of emails.

Russians do have further ‘kompromat’ on CLINTON (e-mails) and considering disseminating it after Duma (legislative elections) in late September. Presidential spokesman PESKOV continues to lead on this.

For his part, Cohen played the key role in brokering relations between Russia and the Trump team after Paul Manafort stepped down during the summer.

Speaking separately to the same compatriot in mid-October 2016, a Kremlin insider with direct access to the leadership confirmed that a key role in the secret TRUMP campaign/Kremlin was being played by the Republican candidates personal lawyer Michael COHEN

So any ongoing discussions between Cohen and Peskov would go to the heart of any coordination between Trump and Russia.

Which is why it is so interesting that Cohen has started to not recall whether there were ongoing conversations after that January email (note, NYT’s Haberman says Cohen sent this to the mail press email for Peskov, not a private one).

“Over the past few months I have been working with a company based in Russia regarding the development of a Trump Tower – Moscow project in Moscow City,” Cohen wrote Peskov, according to a person familiar with the email. “Without getting into lengthy specifics. the communication between our two sides has stalled.”

“As this project is too important, I am hereby requesting your assistance. I respectfully request someone, preferably you, contact me so that I might discuss the specifics as well as arranging meetings with the appropriate individuals. I thank you in advance for your assistance and look forward to hearing from you soon,” Cohen wrote.

[snip]

In the statement, obtained by the Washington Post, Cohen said Sater suggested the outreach because a massive Trump development in Moscow would require Russian government approval. He said he did not recall receiving a response from Peskov and the project was abandoned two weeks later. [my emphasis]

I wonder if Cohen can recall any more recent conversations with Peskov, such as in advance of the time, in February of this year, when he and Sater delivered a Ukrainian peace plan to Mike Flynn in the days before Trump’s National Security Advisor was forced to quit?

Ah well. I’m sure a good lawyer like Cohen simply forgot these details, rather than giving the classic DC not recall answer that will provide him with another opportunity to tell a cover story the next time inconvenient emails get found.

Update: The WSJ gets into the act, with this report on how Cohen, when asked why he didn’t tell Trump he was going to call Putin’s top advisor for favors while Trump was running for President, did not respond.

In 2015, Mr. Cohen said, he informed the then-candidate that he was working on a licensing deal for a Trump Tower in Moscow. He subsequently asked for and received Mr. Trump’s signature on a nonbinding letter of intent for the project in October 2015. And in January 2016, he said, he informed the then-candidate that he had killed the proposal. Mr. Cohen said each conversation was brief.

Mr. Cohen’s communication with the president about the Moscow project may come under scrutiny because of a January 2016 email Mr. Cohen sent to Russian President Vladimir Putin’s top press official to ask for “assistance” in arranging the deal. Mr. Cohen said he didn’t inform Mr. Trump that he had sent the email to the press official, Dmitry Peskov. He didn’t respond when asked why he hadn’t done so.

So Cohen would have you believe he informed Trump at each stage of this process — except the one where he solicited help from a top official from a hostile nation-state.

The Steele Dossier and WaPo’s Trump Tower Scoop

For some reason, many people who’re convinced the Trump Russia investigation will hit paydirt but who haven’t been particularly attentive believe the Steele dossier must all be true. This, in spite of the fact that some parts of it clearly are not true. The best example of that is report 086, labeled as July 25, 2015 (but which must actually date to July 2016), which quotes a former senior Russian intelligence official claiming FSB was having difficulty compromising western and G7 government targets. In the previous year, the Russians had been enjoying quite a lot of success against just those kinds of targets, including the Joint Chiefs of Staff (Russia’s APT 29 is also believed to have compromised the DNC in July 2015), making it surprising anyone following Russian matters even marginally closely could present that report as credible.

The Steele dossier is not a document that is either credible or not as a whole; it is a series of raw intelligence reports based off a series of sources, some of which conflict with each other, some of which may be credible, others of which are less so. Moreover, there are a number of details about the dossier as we received it or as we’ve since learned about its production that raise legitimate questions about its quality.

Two seemingly contradictory claims provide one example that is especially noteworthy given WaPo’s report that the Trump organization inked a branding deal in Russia in late 2015. The very first report released as the Steele dossier, dated June 20, claims that the FSB has, for years, been trying to cultivate Trump by offering him “lucrative real estate development deals in Russia” but “for reasons unknown, TRUMP had not taken up any of these.”

The sourcing on this claim definitely includes “a close associate of TRUMP who had organized and managed his recent trips to Moscow” (though how would they know FSB was dangling real estate to compromise Trump unless they were themselves tied to FSB?) and may include the trusted compatriot of a “senior Foreign Ministry figure.”

Compare that with the undated report (it probably dates to between July 19 and July 30, 2016) crediting “a separate source with direct knowledge” claiming that Trump’s “claimed minimal investment profile in Russia … had not been for want of trying.”

Which is it? Has Trump been pushing for real estate deals but failing, or have figures close to Putin been trying to entice him with such deals only to have him respond with remarkable coyness?

A September 14 report, reported second-hand from two people in Petersburg, goes so far as to claim Trump had even paid bribes to get business deals in the city, but offered little more. Significantly, the sources said Aras Agalarov — who was involved in the June 9, 2016 meeting offering dirt on Clinton in New York’s Trump Tower — would have any details on real estate deals and sex parties and the clean-up thereof.

All of which is to say that in three different reports, Steele’s sources offered conflicting details about whether Trump was trying to get business in Russia but had failed, or Russia was trying to suck Trump into business deals as part of a program to compromise him, only to have him inexplicably resist.

Which brings us to the WaPo’s latest scoop, which reveals that between November 2015 and January 2016, the Trump organization signed a licensing deal for a big real estate project in Moscow, which ended up flopping because there was actually no deal behind it.

As part of the discussions, a Russian-born real estate developer urged Trump to come to Moscow to tout the proposal and suggested he could get President Vladimir Putin to say “great things” about Trump, according to several people who have been briefed on his correspondence.

The developer, Felix Sater, predicted in a November 2015 email that he and Trump Organization leaders would soon be celebrating — both one of the biggest residential projects in real estate history and Donald Trump’s election as president, according to two of the people with knowledge of the exchange.

Sater wrote to Trump Organization Executive Vice President Michael Cohen, “something to the effect of, ‘Can you believe two guys from Brooklyn are going to elect a president?’ ” said one person briefed on the email exchange. Sater emigrated to the United States from what was then the Soviet Union when he was 8 and grew up in Brooklyn.

Trump never went to Moscow as Sater proposed. And although investors and Trump’s company signed a letter of intent, they lacked the land and permits to proceed and the project was abandoned at the end of January 2016, just before the presidential primaries began, several people familiar with the proposal said.

[snip]

Discussions about the Moscow project began in earnest in September 2015, according to people briefed on the deal. An unidentified investor planned to build the project and, under a licensing agreement, put Trump’s name on it. Cohen acted as a lead negotiator for the Trump Organization. It is unclear how involved or aware Trump was of the negotiations.

For six months, Christopher Steele pushed his sources for information on any deals Trump had planned in Russia. And only one of them — the one suggesting his go-between consult with Agalarov — offered any hint that a deal might have actually been done. Yet just months earlier, a deal had purportedly been signed, a deal personally involving Michael Cohen, who figures prominently throughout the dossier.

At least on their face, those are contradictory claims, ones that (because the WaPo story is backed by documents Congress will shortly vet) either emphasize how limited Steele’s collection was, even on one of his key targets like Cohen, or may even hint he was getting disinformation.

Or perhaps reading them in tandem can elucidate both?

First, some comments on the WaPo story.

It seems the real story here is as much the details as the fact that the deal was proposed. For example, I’m as interested that Felix Sater, from whom (as the story notes) Trump has been trying to distance himself publicly for years, was still brokering deals for the Trump organization as late as November 2015 as any other part of the story. See this post for some reasons why that’s so interesting.

It’s also quite significant that whoever leaked this to the WaPo did not explain who the investors were. Schedule another scoop in a week or so for when some outlet reveals that detail, because I suspect that’s as big a part of the story as the fact that the deal got signed. What entity came to Cohen months after Trump had kicked off his presidential campaign, and offered up the kind of branding deal that Trump loves (and which at least some of Steele’s sources say Trump had been seeking for over a decade), yet without the permits that would be a cinch if Putin and the FSB were really pushing the deal as part of a plan to compromise the candidate?

The sourcing, too, is of particular interest. WaPo describes its story as coming from, “several people familiar with the proposal and new records reviewed by Trump Organization lawyers;” in another place it describes its sources as, “several people who have been briefed on his correspondence.”  It explains that the emails are going to be turned over to Congress soon.

The new details from the emails, which are scheduled to be turned over to congressional investigators soon, also point to the likelihood of additional contacts between Russia-connected individuals and Trump associates during his presidential bid.

This all feels like an attempt, on the part of Trump lawyer Michael Cohen, to reveal to Trump via non-obstructive channels what he has found in a review of documents he’s about to turn over, with an emphasis on some of the most damning parts (Sater and the timing), but without yet revealing the public detail of the investors. By releasing it in this form, Cohen’s associates give Trump warning of what’s about to come, while blunting the damage the revelation will have in more fleshed out form.

Finally, the WaPo emphasizes Sater’s push for Trump to get Putin to say nice things. Particularly given the lack of permits here, that suggests Sater recognized the deal was not actually done, it needed powerful push from Putin. A push that, given the January collapse, apparently didn’t come in timely fashion. That may be the more interesting take-away here. The deal was, when Sater bragged about it to the guy who (according to Steele’s dossier) would shortly go on to clean up Paul Manafort’s earlier corrupt discussions with Russia, illusory. But it makes it clear that Cohen, if and when he had those discussions, was aware of the Trump organization’s earlier, failed effort to finally brand a building in Moscow. It would mean that if those dodgy meetings in Prague actually happened, they came against the backdrop of Putin deciding not offer the help needed to make the Trump deal happen in the months before the election started.

All that may suggest the Steele dossier may instead be rich disinformation on a key point, disinformation that hid how active such discussions really were.

In any case, the WaPo story is not definitive one way or another. It may be utterly damning, the kind of hard evidence Cohen is about to turn over that he is aware could really blow the investigation into Trump wide open, or it could be yet more proof that Trump continued to resist the allure of real estate deals in Russia, as some of Steele’s sources claimed. But it does raise some important questions that reflect back on the Steele dossier.

Update: NYT got the actual language of two of the Sater emails, which have now been delivered to HPSCI.

Michael I arranged for Ivanka to sit in Putins [sic] private chair at his desk and office in the Kremlin. I will get Putin on this program and we will get Donald elected. We both know no one else knows how to pull this off without stupidity or greed getting in the way. I know how to play it and we will get this done. Buddy our boy can become President of the USA and we can engineer it. I will get Putins [sic] team to buy in on this, I will manage this process.

[snip]

Michael we can own this story. Donald doesn’t stare down, he negotiates and understand the economic issues and Putin only want to deal with a pragmatic leader, and a successful business man is a good candidate for someone who knows how to negotiate. “Business, politics, whatever it allis the same for someone who knows how to deal.”

Why does Sater tie the Trump Tower deal so closely with getting Trump elected?

Can’t Stop/Won’t Stop: CNN Has A New Racist Bigot Apologist

You may remember that CNN recently terminated their go to racist bigot Trumpian apologist asshole, Jeffrey Lord.

As Politico succinctly put it:

CNN on Thursday fired contributor and staunch Trump supporter Jeffrey Lord after he tweeted a Nazi salute.

Well, yes. That is literally the least you could say about Jeff Lord’s “contributions” to CNN. He was, from the start, an unnecessary, and in the face of competent journalism and reportage, complete plant by Jeff Zucker into the CNN family and reportage to do NOTHING but assuage the idiot extremist right wing racist assholes who were watching FoxNews to start with. In short it was insane and counterproductive programming to cater to ignorant racist people that hated, and were not watching, CNN to start with.

The presence of Jeff Lord on CNN was an affront on common intelligence, good journalism and root morality. But there he was. Until Lord actually displayed his inner Trumpian Nazism that was clear under the veneer from moment one, and was the exact reason Zucker and CNN hired and paid the jerk to start with. Jeff Lord was exactly who Zucker and CNN bought and paid for from moment one. He was exactly what they cravenly wanted.

So, did Jeff Zucker, and the worthy geniuses at CNN, learn any lessons by having promoted a clear cut immoral asshole racist Nazi like Lord?

Nope. They have simply found and cultivated a new one.

Today’s version (and seen on CNN!) is Trumpalo Michael Caputo, who had these gems to say on CNN’s The State of the Union show today:

“Our Department of Justice under Obama was the most political Department of Justice in modern times”

Well Mike, that is not quite right. In fact, that would have been the DOJ under George Bush, who your boy Trump is making look good at warp speed. Here is thanks to Senator Sheldon Whitehouse back in 2007, is a graph of political appointee communication of the Clinton White House with the Department of Justice:

Here is, again from Senator Whitehouse, an identical chart of the contacts of the contacts from the Bush/Cheney White House:

Ooof, if you want to talk about root politicization of the DOJ, that is pretty telling, even without going into the Monica Goodling/Karl Rove nonsense.

Caputo goes on to belligerently defend Trump

“…against all this talk of racism”

So, eh, no. For Caputo, in the face of what Trump is doing vis a vis the DOJ, whether firing the Director of the FBI for not covering his ass or asking his Attorney General to kill an investigation of his largest racist supporter Arpaio, is just another hired liar.

But having such an immoral liar to balance actual truth and fair reportage with absolute flat earth level racism horse manure from Trumpland, is what Jeff Zucker and CNN demands. They simply cannot fathom presenting the former without salting it with the latter.

Ted Turner must be beside himself somewhere in Montana. The demand of media, in this case CNN, to “both sides” even in the face of grossly immoral and unconscionable racism and bigotry, is insane. It needs to stop. There is no need to put on an apologist like Michael Caputo just to say you did so. It added nothing, but support for rank ignorance and bigotry. That is not what America’s media should be about.

The Arpaio Pardon — Don’t Obsess about the Russian Investigation

It seems there are two likely responses to the Arpaio pardon: to use it as a teaching opportunity about race, or to use it to panic about the Russian investigation.

I’m seeing far too many people choosing the latter option, focusing on what Trump’s pardon of Joe Arpaio might do for the Russian investigation. That, in spite of the fact that Trump has already spoken openly of pardoning Mike Flynn, just like he did of Arpaio, to say nothing of his spawn or the father of his grandchildren.

The targets of the Russian investigation already know Trump can and is considering pardoning them.

But a pardon of them — at least some of them — is a very different thing than an Arpaio pardon. That’s because, for some of the crimes in question, in case of a pardon, Robert Mueller could just share the evidence with a state (usually NY) or NYC prosecutor for prosecution. It’s possible that accepting a pardon for Trump or Kushner business related crimes could expose those businesses to lawsuit, and both family’s businesses are pretty heavily in debt now.

Most importantly, a Paul Manafort or Mike Flynn pardon would deprive them of their ability to invoke the Fifth Amendment, meaning they could more easily be forced to testify against Trump, including to Congress.

Presidents implicated in crimes have used a variety of means to silence witnesses who could implicate them, but Poppy Bush’s Cap Weinberger pardon — the most recent example of a President pardoning a witness who could incriminate him — was not the primary thing that protected Poppy and Reagan, Congress’ immunization of witnesses was. Thus far, most Republicans in Congress seem determined to avoid such assistance, and Trump’s attacks on Mitch McConnell and Thom Tillis for not sufficiently protecting him probably have only exacerbated the problem.

I wrote a piece explaining why (in my opinion) George W Bush commuted Scooter Libby’s sentence, but never pardoned him: it kept Libby silent without adding any personal risk. If Trump were competent, he’d be making similar calculations about how to keep witnesses out of prison without making it easier to incriminate him. But he’s usually not competent, and so may fuck this up royally.

In any case, given that some Republicans (including both Arizona’s Senators) have made lukewarm objections to the Arpaio pardon, I’d imagine any pardons of Russian witnesses would meet more opposition, particularly if those pardons came before the 2018 elections. Add in the fact that sleazeball Manafort has no purported service to point to to justify a pardon, as Trump cited with Arpaio (and would to justify a Flynn pardon). The backlash against Trump pardoning witnesses against him will likely be far worse than the already existing backlash here.

Pardoning Arpaio was easy. Pardoning Manafort and Flynn and Don Jr and Kushner and everyone else who can implicate the President will not be easy, neither legally nor politically. So don’t confuse the two.

Meanwhile, Trump has just pardoned a man whose quarter century of abuse targeting people of color has made him the poster child of abuse, not just from a moral perspective, but (given the huge fines Maricopa has had to pay) from a governance perspective.

Like it or not, a lot of white people have a hard time seeing unjustified killings of people of color as the gross civil rights abuse it is, because when cops cite fear or danger in individual cases, fearful white people — who themselves might shoot a black kid in haste in the name of self-defense — side when them. Those white people might easily treat Black Lives Matter as an annoyance blocking their commute on the freeway.

The same white people might find Joe Arpaio’s tortuous camps for people of color objectionable, because those camps make the systemic aspect far more apparent. They’re far more likely to do so, though, if this pardon is primarily seen as Trump’s endorsement of systematic white supremacy rather than a test run to protect himself.

Moreover, white supremacy is something that will remain and must be fought even if Robert Mueller indicts Trump tomorrow. It was a key, if not the key, factor in Trump’s win. We won’t beat the next demagogue following in Trump’s model if we don’t make progress against white supremacy.

You can’t do anything, personally, to help the Robert Mueller investigation. You can do something to fight white supremacy. And if that doesn’t happen, then we’ll face another Trump down the road, just as surely as Sarah Palin paved the way for Trump.

The Arpaio pardon is an abuse, horrifying, yet more evidence of how outrageous Trump is.

But it’s also a teaching opportunity about white supremacy. Better to use it as such rather than cause for panic about the Russia investigation.

Related posts

emptywheel, You’re not the audience for the Arpaio pardon, cops are

bmaz, Some thoughts on the Arpaio pardon

 

 

Some Thoughts On The Arpaio Pardon

As you probably already know, Trump has pardoned Joe Arpaio. It is an abominable act by a lawless jackass. One lawless jackass pardoning another lawless jackass. Trump and Arpaio are really two peas in the same racist bigot pod; both supreme narcissists, ignorant and contemptuous of the rule of law down to their deepest bone.

And Marcy Wheeler is right that the nation as a whole is not the audience Trump is signaling, and while “Trump’s base” may be part of his audience in making this pardon move, it is likely even more intended for law enforcement. Police unions were almost across the board for Trump, and they do speak for their rank and file. Not to mention that all cops are fine with a pro law enforcement approach of Trump and his DOJ, not just the racist bigot ones.

The ACLU statement on the pardon is good:

For more from the ACLU, see the Twitter feed of Cecilia Wang, the litigation lead for ACLU on the Melendres and Arpaio litigation (she is seriously great).

But the ACLU doesn’t really go far enough. A couple of weeks ago I tweeted:

Because there is no point to which @realDonaldTrump will not shit on the rule of law and sanctity of federal courts. What a piece of shit.

That was a little flippant, but there is simply no question but that the pardon of Joe Arpaio is Donald Trump is degrading the Constitution and undermining the very fabric of the sanctity of courts and Rule of Law itself. If the Presidential pardon was not so unbound, this pardon would not stand up. It violates every iota of the American rule of law. It also is heinously invasive to the separation of powers in that it infringes on the power of the federal courts. But, again, don’t buy any nut telling you this pardon is unconstitutional or won’t stand up. That is silly, it is Constitutional, and it will stand up.

That said, Noah Feldman did a good piece explaining just what a Constitutional affront this act is, and should be considered:

To see why pardoning Arpaio would be so exceptional — and so bad — you have to start with the sheriff’s crime. Arpaio wasn’t convicted by a jury after a trial for violating some specific federal statute. Rather, he was convicted by a federal judge on the rather unusual charge of criminal contempt of court.

Specifically, Arpaio was convicted this July by Judge Susan Bolton of willfully and intentionally violating an order issued to him in 2011 by a different federal judge, G. Murray Snow.

Judge Bolton convicted Arpaio of criminal contempt. She found he had “willfully violated” the federal court’s order “by failing to do anything to ensure his subordinates’ compliance and by directing them to continue to detain persons for whom no criminal charges could be filed.” And she held that Arpaio had “announced to the world and to his subordinates that he was going to continue business as usual no matter who said otherwise.”

This is the crime that Trump is suggesting he might pardon: willful defiance of a federal judge’s lawful order to enforce the Constitution.

It’s one thing to pardon a criminal out of a sense of mercy or on the belief that he has paid his debt to society.

It’s trickier when the president pardons someone who violated the law in pursuit of governmental policy, the way George H.W. Bush pardoned the Iran-Contra participants, including Oliver North.

But it would be an altogether different matter if Trump pardoned Arpaio for willfully refusing to follow the Constitution and violating the rights of people inside the U.S.

Such a pardon would reflect outright contempt for the judiciary, which convicted Arpaio for his resistance to its authority. Trump has questioned judges’ motives and decisions, but this would be a further, more radical step in his attack on the independent constitutional authority of Article III judges.

An Arpaio pardon would express presidential contempt for the Constitution. Arpaio didn’t just violate a law passed by Congress. His actions defied the Constitution itself, the bedrock of the entire system of government. For Trump to say that this violation is excusable would threaten the very structure on which is right to pardon is based.

Go read Noah’s entire piece at Bloomberg, you should. It perfectly captures everything I have thought ever since Arpaio was convicted by Judge Susan Bolton in July, and pardon talk started up. And, make no mistake, Arpaio started carping about getting a Trump pardon almost immediately, even if behind the scenes. It started long before the last 10 days.

To add insult to injury, Trump had the gall to issue this announcement after glibly leaving for the personal golf driving range at Camp David with a message to the victims in Texas and the Gulf Coast, who are currently being hammered by a Category Four hurricane and face imminent disaster. Trump’s message was “good luck”. What a complete cad.

And after callously signing his order implementing his patently discriminatory transgender ban for the military. Chris Geidner has a good report on that.

Just for the record, this is Trump’s first pardon issued, and for that he chose the most craven one imaginable. For comparison, both Obama and Bush waited nearly two years, and applied the power only to subjects properly vetted by the DOJ traditional pardon process, a copy of which is here for reference. Arpaio was not even eligible for consideration at this point, much less deserving under the guidelines. Those guidelines can be found here, pay particular attention to §1-2.112. To be clear, Arpaio had not even been sentenced yet, and was almost certainly not going to be sentenced to incarceration by Sue Bolton. I have known Judge Bolton for nearly 30 years, and I just cannot fathom that she was going to do more than give a nominal fine to Arpaio.

Craven jackass Arapio has already started crowing about his ill begotten good fortune through, what else, Twitter:

Thank you @realdonaldtrump for seeing my conviction for what it is: a political witch hunt by holdovers in the Obama justice department!

What a racist bigot ass. Joe Arapio came into office on the wings of lies he told his initial backers. Before we close, a little story I wrote here a few years ago:

Joe Arpaio did not magically come to be Sheriff of Maricopa County. It happened because the two previous occupants of the Sheriff’s Office were, shall we say, problematic on their own. There was Dick Godbehere, who was, prior to being Sheriff of the fourth largest county in the United States, literally a lawn mower repairman. No, I kid you not. And he served with the same level of sophistication you would expect of a lawn mower repairman.

Then came Tom Agnos, who was supposed to return “professionalism” to the Maricopa County Sheriff’s Office (MCSO). But Agnos was a subservient Sun City resident who led the MCSO into not just the biggest cock-up in Maricopa county law enforcement history, but one of national and international proportion. The Buddhist Temple Murder Case where nine buddhist monks and acolytes were lined up and shot in the back of the head, execution style, at the Wat Promkunaram Buddhist Temple on the west side of Phoenix.

It was out of the Buddhist Temple Murders Joe Arpaio came to be. A group of prominent Phoenix trial attorneys, both criminal and civil, wanted an alternative to Tom Agnos and the whitewashing coverup he was conducting on one of the greatest coerced false confession cases in world history. The group of trial lawyers coalesced around the upstart primary candidacy of a local travel agent with a colorful background. Yep, one Joseph Arpaio.

Joseph Arpaio promised that initial group of trial lawyers he would clean up the MCSO, release the damning internal report of the gross misconduct that had occurred in the Temple Murder Case under Tom Agnos, which lead to at least four false and heinously coerced confessions, and that he would refuse, under all circumstances, to serve more than one term in office. It was a promise made and, obviously, a promise long ago broken.

To be fair, Arpaio did release the internal report on the Temple Murder Case, which led to five plus million dollar settlement for some of the most wrongfully arrested souls in American history. But with that promise kept within a short time of taking office, Joe Arpaio breached the solid promise he made to the people who gave him the seed funding carrying him into office. And Arpaio has made a mockery of his word, as a man, ever since by repeatedly running for office and sinking Maricopa County into depths of depravity and fiscal distress beyond comprehension, from the vantage of the MCSO.

So, now you know just exactly how Joe Arpaio came into office on the wings of lies. He leaves today on the wings of a Constitutional fraud and spittle in the face of the Rule of Law.

As a parting shot, the picture at the head of this article is of Arpaio at a cocktail party getting a surprise visit from Michael Manning, the local civil rights attorney who has fleeced Maricopa County for over $50 million because of Joe Arpaio’s craven and illegal actions. Arpaio was not thrilled to get his photo taken.

Trump Bitched Out McConnell about Not Protecting Him in Russia Probe on Day Manafort Raid Story Broke

Donald Trump continues his habit of alienating people he needs to help him survive his presidency. The NYT provides details of the souring relationship between Trump and Mitch McConnell, which it says culminated in an August 9 phone call.

In a series of tweets this month, Mr. Trump criticized Mr. McConnell publicly, then berated him in a phone call that quickly devolved into a profane shouting match.

During the call, which Mr. Trump initiated on Aug. 9 from his New Jersey golf club, the president accused Mr. McConnell of bungling the health care issue. He was even more animated about what he intimated was the Senate leader’s refusal to protect him from investigations of Russian interference in the 2016 election, according to Republicans briefed on the conversation.

Mr. McConnell has fumed over Mr. Trump’s regular threats against fellow Republicans and criticism of Senate rules, and questioned Mr. Trump’s understanding of the presidency in a public speech. Mr. McConnell has made sharper comments in private, describing Mr. Trump as entirely unwilling to learn the basics of governing.

In offhand remarks, Mr. McConnell has expressed a sense of bewilderment about where Mr. Trump’s presidency may be headed, and has mused about whether Mr. Trump will be in a position to lead the Republican Party into next year’s elections and beyond, according to people who have spoken to him directly.

In point of fact, the tweets started on August 9 (about 2:25PM) and continued through the next morning. Both the tweet described as occurring before and the one occurring after the phone call reference only the TrumpCare debacle, not the Russian investigation.

According to the NYT, Trump was “even more animated” about McConnell’s “refusal” to protect him from Russian investigations.

August 9 was the day the WaPo first broke (around 10:00AMthe story of the July 26 raid on Paul Manafort’s home. The raid itself, of course, was conducted by the FBI. But all the stories about it include allusions about the fact that it came after Manafort’s interview with the Senate Intelligence Committee and immediately after Manafort reluctantly agreed to cooperate with the Senate Judiciary Committee on threat of subpoena; Manafort had tried and failed to limit his appearance to SSCI.

Now go back to the language the NYT uses. “Refusal” to protect Trump.  That’s sure an interesting word, “refusal.” Did Trump contact McConnell about the subpoena to Manafort back on July 25? Or did McConnell refuse some other tangible request from Trump? If so does Robert Mueller know about it?

In response to reports on the raid, Trump lawyer John Dowd made all sorts of crazy comments to the press about how FBI had acted improperly because they hadn’t exhausted all options for obtaining the materials seized on July 26. Even Fox News said Dowd was trying to protect the President with his comments. And some of the reporting noted that among the seized documents were Manafort’s notes for his interview with SSCI.

That is, all the reporting on the raid intimated that it had as much to do with the Congressional testimony as Mueller’s own investigation.

And sometime that day, Trump called McConnell and complained the Majority Leader wasn’t providing him sufficient protection. Refused to protect him, in fact.

In any case, Trump’s attacks have gotten the thin-skinned McConnell wondering “whether Mr. Trump will be in a position to lead the Republican Party into next year’s elections and beyond,” which sure seems like a bad opinion for Trump to have fostered given that McConnell would have a big influence on how any impeachment trial would proceed if it ever got to the Senate.

Update: Coverage of the Glenn Simpson (head of Fusion GPS, which did the Steele dossier) interview with SJC makes clear that his was the first voluntary testimony, meaning Manafort (and Don Jr) have not sat for an interview yet.

Why Did WikiLeaks Publish the Turkish Emails?

Foreign Policy has a gotcha story revealing that WikiLeaks turned down some documents on Russia last year. It is absolutely a gotcha, showing that WikiLeaks refused some Russian-related documents at a time when it was saying it’d happily accept some — or some Republican focused ones.

But given the sourcing, I’m wondering whether it instead shows that WikiLeaks won’t accept submissions from certain kinds of sources.

The story is based on “partial chat logs,” showing only WikiLeaks’ side of the conversation.

WikiLeaks declined to publish a wide-ranging trove of documents — at least 68 gigabytes of data — that came from inside the Russian Interior Ministry, according to partial chat logs reviewed by Foreign Policy.

The logs, which were provided to FP, only included WikiLeaks’s side of the conversation.

The language of the gotcha paragraph makes it appear as if the chat logs came from a WikiLeaks person because it uses the first person plural discussing what got sent to WikiLeaks.

“We had several leaks sent to Wikileaks, including the Russian hack. It would have exposed Russian activities and shown WikiLeaks was not controlled by Russian security services,” the source who provided the messages wrote to FP. “Many Wikileaks staff and volunteers or their families suffered at the hands of Russian corruption and cruelty, we were sure Wikileaks would release it. Assange gave excuse after excuse.”

Except further down in the article, “the same source” (whose identity or need for anonymity is never explained) describes feeding something else to Assange.

Approached later that year by the same source about data from an American security company, WikiLeaks again turned down the leak. “Is there an election angle? We’re not doing anything until after the election unless its [sic] fast or election related,” WikiLeaks wrote. “We don’t have the resources.”

In other words, this gotcha appears to be coming from the source (who was unwilling to share its side of the conversation with FP, which is itself suspect), not WikiLeaks after all (note, the source of the files said today he tried to get WikiLeaks interested in publishing them going back to 2014). And FP’s source appears to have been testing WikiLeaks’ willingness to publish a range of things, including both Russian documents and “data from an American security company.” I would be pretty suspicious of a source who was feeding me unrelated dumps. Julian Assange has also suggested he would happily publish documents from intelligence services — and technically did, with the Syria leaks — but it would be different if WikiLeaks suspected the intelligence service was trying to target it.

So it’s a damning story, but the details of it suggest there may be far more to the story (especially when you remember there was a badly executed American-based attempt to smear Assange as a pedophile last year).

Moreover, the story doesn’t mention something else: that a long profile came out this week substantially validating the second excuse, “we don’t have the resources.” A huge part of Raffi Khatchadourian’s NYer profile of Assange focuses on how overwhelmed WikiLeaks was last summer trying to get out the DNC emails, and so had to be forced to publish in timely fashion by the Guccifer 2.0 persona.

Meanwhile, a WikiLeaks team was scrambling to prepare the D.N.C. material. (A WikiLeaks staffer told me that they worked so fast that they lost track of some of the e-mails, which they quietly released later in the year.) On several occasions, and in different contexts, Assange admitted to me that he was pressed for time. “We were quite concerned about meeting the deadline,” he told me once, referring to the Democratic National Convention.

Here’s what I don’t get though.

If WikiLeaks was so overwhelmed, why did it publish emails from Turkey’s ruling party, which the NYer notes was one of the things contributing to the pressure.

In addition to the D.N.C. archive, Assange had received e-mails from the leading political party in Turkey, which had recently experienced a coup, and he felt that he needed to rush them out.

As I have previously noted, there are some interesting details about the hack-and-leak of these files. All the more so, now, given that Emma (then Michael) Best had a role in publishing them.

The other most celebrated case where inaccurate accusations against Wikileaks may have been counterproductive was last summer when something akin to what happened with the Macron leak did. Wikileaks posted a link to [Emma] Best’s archived copy of the AKP Turkish emails that doxed a bunch of Turkish women. A number of people — principally Zeynep Tufekci — blamed Wikileaks, not Best, for making the emails available, and in so doing (and like the Macron dump) brought attention to precisely what she was rightly furious about — the exposure of people to privacy violations and worse. Best argues that had Tufekci spoken to [her] directly rather than writing a piece drawing attention to the problem, some of the harm might have been avoided.

But I also think the stink surrounding Wikileaks distracted focus from the story behind the curious provenance of that leak. Here’s how Motherboard described it.

Here’s what happened:

First, Phineas Fisher, the hacker notorious for breaching surveillance companies Hacking Team and FinFisher, penetrated a network of the AKP, Turkey’s ruling party, according to their own statement. The hacker was sharing data with others in Rojava and Bakur, Turkey; there was apparently a bit of miscommunication, and someone sent a large file containing around half of akparti.org.tr’s emails to WikiLeaks.

WikiLeaks then published these emails on July 19, and as some pointed out, the emails didn’t actually seem to contain much public interest material.

Then Phineas Fisher dumped more files themselves. Thomas White, a UK-based activist also known as The Cthulhu, also dumped a mirror of the data, including the contentious databases of personal info. This is where Best, who uploaded a copy to the Internet Archive, comes in.

Best said [she] didn’t check the contents of the data beforehand in part because the files had already been released.

“I was archiving public information,” [she] said. “Given the volume, the source, the language barrier and the fact that it was being publicly circulated already, I basically took it on faith and archived a copy of it.”

Without laying out all the details here, I think there are some interesting issues about this hack-and-leak that might have gotten more scrutiny if the focus weren’t Wikileaks.

One of the details in the Assange profile I didn’t know is that Guccifer 2.0 offered up Democratic emails — the suggestion is they were the Podesta ones, though that is not affirmatively claimed — to Best in August.

Someone close to WikiLeaks told me that before Assange published the Podesta e-mails he faced this precise scenario. In mid-August, Guccifer 2.0 expressed interest in offering a trove of Democratic e-mails to Emma Best, a journalist and a specialist in archival research, who is known for acquiring and publishing millions of declassified government documents. Assange, I was told, urged Best to decline, intimating that he was in contact with the persona’s handlers, and that the material would have greater impact if he released it first.

The Turkish emails were published (by WikiLeaks and Best) in July, so just as all this was going down. As Motherboard pointed out, the first batch wasn’t all that interesting, and the second one was interesting primarily because of the privacy violation in publishing them.

So if WikiLeaks was so frantic in July, at precisely the time it was scrambling to publish the DNC emails before the Convention, why did it bother publishing the Turkish emails at all? The answer to that may be even more damning than the gotcha that FP presented.

Update: Remember, too, that Assange said he’d publish the ShadowBrokers files last August, but did not.

Report from North Carolina Makes Reality Winner Leak Far More Important

According to NPR, the poll books in six precincts in Durham County, NC, went haywire on election day, which led the entire county to shift to paper poll books.

When people showed up in several North Carolina precincts to vote last November, weird things started to happen with the electronic systems used to check them in.

“Voters were going in and being told that they had already voted — and they hadn’t,” recalls Allison Riggs, an attorney with the Southern Coalition for Social Justice.

The electronic systems — known as pollbooks — also indicated that some voters had to show identification, even though they did not.

[snip]

At first, the county decided to switch to paper pollbooks in just those precincts to be safe. But Bowens says the State Board of Elections & Ethics Enforcement got involved “and determined that it would be better to have uniformity across all of our 57 precincts and we went paper pollbooks across the county.”

That move caused a whole new set of problems: Voting was delayed — up to an hour and a half — in a number of precincts as pollworkers waited for new supplies. With paper pollbooks, they had to cut voters’ names out and attach them to a form before people could get their ballots.

The company that provided the software for the poll books is VR Systems — the company that the document Reality Winner leaked showed had been probed by Russian hackers.

But Susan Greenhalgh, who’s part of an election security group called Verified Voting, worried that authorities underreacted. She was monitoring developments in Durham County when she saw a news report that the problem pollbooks were supplied by a Florida company named VR Systems.

“My stomach just dropped,” says Greenhalgh.

She knew that in September, the FBI had warned Florida election officials that Russians had tried to hack one of their vendor’s computers. VR Systems was rumored to be that company.

Because of the publicity surrounding the VR targeting — thanks to the document leaked by Winner — NC has now launched an investigation.

Lawson says the state first learned of the hack attempt when The Intercept, an online news site, published its story detailing Russian attempts to hack VR Systems. The leaked report said hackers then sent emails to local election offices that appeared to come from VR — but which actually contained malicious software.

[snip]

So now, months after the election, the state has launched an investigation into what happened in Durham County. It has secured the pollbooks that displayed the inaccurate information so forensic teams can examine them.

So this may be the first concrete proof that Russian hackers affected the election. But we’ll only find out of that’s true thanks to Winner’s leak.

Except she can’t raise that at trial.

Last week, Magistrate Judge Brian Epps imposed a protection order in her case that prohibits her or her team from raising any information from a document the government deems to be classified, even if that document has been in the public record. That includes the document she leaked.

The protective order is typical for leak cases. Except in this case, it covers information akin to information that appeared in other outlets without eliciting a criminal prosecution. And more importantly, Winner could now point to an important benefit of her leak, if only she could point to the tie between her leak and this investigation in North Carolina.

With the protection order, she can’t.

Note one more implication of this story.

In addition to the Presidential election last year, North Carolina had a surprisingly close Senate election, in which Senate Intelligence Committee Chair Richard Burr beat Deborah Ross by 6%. Admittedly, the margin was large — over 200,000 votes. But Durham County is the most Democratic county in the state.

Burr, of course, is presiding over one of the four investigations into the Russian hacks. And while I don’t think this story, yet, says that Burr won because of the hack, if the investigations shows VR was hacked in the state and it affected throughput in the most Democratic county, then it means Burr benefitted as clearly from the Russian hacks as Trump did.

The SSCI investigation has been going better than I had imagined. But this seems like a conflict of interest.

Update: I originally said the entire state switched to paper pollbooks. That’s incorrect: just Durham County did, which makes the issue even more important.

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