Abbe Lowell Reveals the Complete Inadequacy of the Intelligence Committee Russian Investigations

As noted, the press has been focused on the Senate Judiciary Committee’s revelation that Jared Kushner failed to turn over several documents known to exist, which has led to more details about efforts by Aleksander Torshin to meet with people associated with the campaign.

Here are the things identified to be missing from Jared’s production to SJC.

In addition, there are several documents that are known to exist but were not included in your production. For example, other parties have produced September 2016 email communications to Mr. Kushner concerning WikiLeaks, which Mr. Kushner then forwarded to another campaign official. Such documents should have been produced in response to the third request but were not. Likewise, other parties have produced documents concerning a “Russian backdoor overture and dinner invite” which Mr. Kushner also forwarded. And still others have produced communications with Sergei Millian, copied to Mr. Kushner.

In response to the Feinstein letter revealing these details, Jared’s lawyer, the very capable Abbe Lowell, wrote back, scolding Feinstein (though the letter is also addressed to Chuck Grassley) for releasing her letter to the press. But in fact, Lowell’s letter is not responsive to four of the items laid out in Feinstein’s letter. And the way in which Lowell doesn’t respond reveals the complete inadequacy of the Intelligence Committee Russian investigations.

The four things (I noticed that) Lowell doesn’t address are:

  • A request for a copy of Jared’s own copy of his SF-86 applications
  • A privilege log
  • Call records pertaining to some of the requests
  • Communications “about” certain individuals

A request for a copy of Jared’s own copy of his SF-86 applications

Feinstein’s letter notes that Jared should have a copy of his SF-86 applications and asks for them.

However, if Mr. Kushner or his counsel retained copies of the forms, you should produce them. The SF-86 instructions explicitly advise the applicant to “retain a copy of the completed form for your records.” Moreover, with regard to your claim that the documents are confidential, while the Privacy Act limits the government’s authority to release the information provided to it, there is no restriction on your client’s ability to provide that information to Congress.

Lowell simply notes that SJC is pursuing this, and scoffs that Jared’s serially incomplete SF-86 forms might be relevant to the inquiry.

I explained to your staff that documents concerning the SF-86 are deemed government personnel records, and I know the Committee is pursuing these (again with whatever relevance they could possibly have to any real inquiry) from the proper channels.

A privilege log

Feinstein also asked that Jared work with the White House so he could release “certain documents” that might implicate executive privilege, with an eye towards providing a privilege log.

You also raised concerns that certain documents might implicate the President’s Executive Privilege and declined to produce those documents. We ask that you work with White House counsel to resolve any questions of privilege so that you can produce the documents that have been requested or provide a privilege log that describes the documents over which the President is asserting executive privilege.

While Lowell addresses documents that post-date the inauguration, he makes no comment about executive privilege at all.

Call records pertaining to some of the requests

Feinstein’s letter also notes that Jared included no phone records pertaining to some of the requests (she doesn’t say which ones).

You also have not produced any phone records that we presume exist and would relate to Mr. Kushner’s communications regarding several requests.

Lowell does not address that request at all.

Communications “about” certain individuals

Finally, and most interesting to me, even before Feinstein listed the known documents that Jared had failed to turn over, she noted that he had failed to search for communications about certain things.

For example, you limited your production in response to our second request in a manner that eliminates communications about the individuals identified in that request.[1] If, as you suggest, Mr. Kushner was unaware of, for example, any attempts at Russian interference in the 2016 presidential election, then presumably there would be few communications concerning many of the persons identified in our second request, and the corresponding burden of searching would be small.

[1] The Committee requested “[a]ll communications to, form, or copied to you relating to” certain individuals, but you stated that you “found no communications in which these individuals also appear in the to, from, or copy to lines of the communications.”

In fact, the three missing documents all might be considered such “about” communications, as they consist of forwarded emails adding further commentary.

Here’s where Lowell’s response gets really interesting. As with the request for call records, he doesn’t address the failure to search on communications “about” people at all. He doesn’t mention that he has failed to search for documents in the manner directed by the committee.

But for each of the missing documents, he explains why they wouldn’t be relevant in such a way that completely dodges the fact that, as communications “about” the persons in question, they definitely are.

A communication in which he was a copied recipient and was not about Russia contacts by him (or apparently by anyone else) was not responsive to any request about Mr. Kushner’s own contacts.

[snip]

The “Millian” email between Mr. Millian and a reporter, in which Mr. Millian is actually conferring with Michael Cohen and confirming that Mr. Millian has no relationship with the President, is also not one about contacts that Mr. Kushner, or really anyone, had that would be responsive to any relevant request.

[snip]

[of the Torshin email] Again, this was not any contact, call or meeting in which Mr. Kushner was involved.

[snip]

You can see there would be no reason for us not to provide such a clear expression that Mr. Kushner had no contacts with, nor was in collusion with, nor was pursuing any such relationship with Russia except that it was not responsive.

So not only does he offer disingenuous explanations for each of the missing documents — one after another he explains that these emails don’t involve any contact between Jared and the designated person — but he completely ignores that under the terms of the request, they were obviously responsive.

Of course, the only reason SJC learned of these emails is because the other participants in the email chains turned them over. But there are undoubtedly other emails or documents that are “about” these and presumably other requested individuals that others wouldn’t have been party to. And by ignoring the request for “about” documents, Lowell is basically completely blowing off providing those other documents, which would likely be even more interesting.

Just as an example, Jared could very well have had 100 other discussions “about” Wikileaks or Julian Assange with some unknown person, and Lowell’s incomplete search would have hidden it.

Now check out Lowell’s more general excuse for not turning over such documents:

With respect to the substance of your letter, let me start with the so-called “Missing Documents.” They are not missing at all. As you will note, after I spoke to your staff, I wrote a cover letter with our production. In that letter, I wrote: “We believe that our prior production [to the intelligence committees] contains the most pertinent documents to your inquiry into the June 9, 2016 meeting at Trump Tower, and related matters, and undercut any notion that there was collusion (or even any extensive interaction) between Mr. Kushner and Russia concerning the 2016 election.” The documents provided to those committees fully responded to their requests. That was why we said we would provide those documents to you first to see if anything else was relevant or new, and try to determine whether those documents satisfy your inquiry as well.

This production, which doesn’t include any documents about designated topics (including the June 9 meeting), satisfied the intelligence committees. That means the intelligence committees could not have asked for “about” documents (which is particularly ironic given that they’re both trying to find a way to help NSA turn “about” 702 collection back on). Which in turn means the intelligence committees likely have huge gaps in their understanding of Jared’s awareness of the Russian discussions.

And in addition to all his other contemptuous non-answers to Feinstein’s letter, Lowell says Jared shouldn’t have to sit for an interview with SJC because he already sat for 6 hours with the other committees, the committees that didn’t ask for “about” documents and therefore don’t have a complete picture of Jared’s involvement.

This is the scam that’s been going on for almost a year (which is probably why Michael Cohen has been dodging an interview with SJC too).

While his letter is otherwise totally unhelpful, it’s nice of Lowell to so clearly make evidence the inadequacies of the other congressional investigations.

Update: Perhaps Mueller is facing the same problem, because he just subpoenaed the Trump campaign for more documents, by keyword.

The subpoena, which requested documents and emails from the listed campaign officials that reference a set of Russia-related keywords, marked Mr. Mueller’s first official order for information from the campaign, according to the person. The subpoena didn’t compel any officials to testify before Mr. Mueller’s grand jury, the person said.

The subpoena caught the campaign by surprise, the person said. The campaign had previously been voluntarily complying with the special counsel’s requests for information, and had been sharing with Mr. Mueller’s team the documents it provided to congressional committees as part of their probes of Russian interference into the 2016 presidential election.

Did Akhmetshin and Kaveladze Coordinate Before or After Jared Disclosed the June 9 Meeting

Following Dianne Feinstein’s release of a letter revealing the things Jared Kushner didn’t turn over to the Senate Judiciary Committee, the press has honed in on the things Kushner failed to disclose or lied about. Most interesting is an email chain involving a back channel meeting sought by mobbed up Russian, Aleksander Torshin. While that particular meeting didn’t happen, Don Jr did sit next to Torshin at the NRA convention held in Mitch McConnell’s home town, Louisville (he took the picture above).

An email chain described Aleksander Torshin, a former senator and deputy head of Russia’s central bank who is close to Russian President Vladimir Putin, as wanting Trump to attend an event on the sidelines of a National Rifle Association convention in Louisville, Kentucky, in May 2016, the sources said. The email also suggests Torshin was seeking to meet with a high-level Trump campaign official during the convention, and that he may have had a message for Trump from Putin, the sources said.

Kushner rebuffed the request after receiving a lengthy email exchange about it between a West Virginia man and Trump campaign aide Rick Dearborn, the sources said.

[snip]

While Kushner told Dearborn and other campaign officials on the email not to accept Torshin’s offer, Torshin was seated with the candidate’s son, Donald Trump Jr., during a private dinner on the sidelines of an NRA event during the convention in Louisville, according to an account Torshin gave to Bloomberg. Congressional investigators have no clear explanation for how that came to be, according to sources familiar with the matter.

But I’m at least as interested in an AP story that may relate to other Kushner disclosures to Congress. It reports that in June of this year, two participants in the June 9, 2016 Trump Tower meeting, Rinat Akhmetshin and Ike Kaveladze met in Moscow.

Akhmetshin told congressional investigators that he asked for the Moscow meeting with Kaveladze to argue that they should go public with the details of the Trump Tower meeting before they were caught up in a media maelstrom. Akhmetshin also told the investigators that Kaveladze said people in Trump’s orbit were asking about Akhmetshin’s background, the person said.

Akhmetshin’s lawyer, Michael Tremonte, declined to comment.

Scott Balber, a lawyer for Kaveladze, confirmed that his client and Akhmetshin met over coffee and that the Trump Tower meeting a year earlier was “obviously discussed.”

Investigators wonder whether they met to orchestrate a limited hangout before the meeting otherwise came out.

Balber denied his client had been contacted by associates of Trump before he took the meeting with Akhmetshin, or had been aware of plans to disclose the Trump Tower gathering to the U.S. government.

Balber said the men did not discuss strategy or how to line up their stories, and did not meet in anticipation of the Trump Tower meeting becoming public and attracting a barrage of news media attention.

He said Akhmetshin did convey during coffee the possibility that his name could come out in connection with the Trump Tower meeting and cause additional, unwanted scrutiny given that he had been linked in earlier news reports to Russian military intelligence, coverage that Akhmetshin considered unfair. Akhmetshin has denied ongoing ties with Russian intelligence, but acknowledged that he served in the Soviet military in the late 1980s as part of a counterintelligence unit.

“That was the impetus,” Balber said of the men’s get-together. “It had absolutely nothing to do with anticipation of the meeting coming out in the press.”

There are three things the AP story doesn’t mention, however.

Previously, the leak of the June 9 meeting had been tied to document submission — by Jared Kushner and Paul Manafort — to Congress.

The Trump Tower meeting was not disclosed to government officials until recently, when Mr. Kushner, who is also a senior White House aide, filed a revised version of a form required to obtain a security clearance.

[snip]

Mr. Manafort, the former campaign chairman, also recently disclosed the meeting, and Donald Trump Jr.’s role in organizing it, to congressional investigators who had questions about his foreign contacts, according to people familiar with the events.

That might explain why investigators would suspect the meeting was designed to arrange testimony: because it roughly coincided with the admission to the meeting by Kushner and Manafort.

The AP also doesn’t note that Scott Balber, Kaveladze’s (and the Agalarov’s) lawyer, represented Trump in a lawsuit in 2013 (the same year that Agalarov brought Trump’s Miss Universe contest to Moscow).

Nor does it mention that Balber has orchestrated at least two other stories about this meeting: First, an October blitz performing a limited hangout of the emails and oppo research that Natalia Veselnitskaya purportedly brought to the meeting (which, as I noted should have focused on Balber’s role in massaging Veselnitskaya’s story).

But here’s the bigger question. Why would an American lawyer who has previously represented Trump need to fly to Russia to meet with Veselnitskaya personally? This email chain and the talking points could very easily be sent — but weren’t. So why did Balber need to solidify stories with Veselnitskaya in person? And what is the provenance of the emails as presented, stripped of any forensic information?

So while it’s clear Trump’s former lawyer wants to change the spin around this story, it seems to me the takeaway should be,

BREAKING: LAWYER WITH PAST TIES TO TRUMP FLEW TO RUSSIA TO COORDINATE STORIES WITH NATALIA VESELNITSKAYA

And, more recently, performing a new limited hangout, suggesting Veselitskaya got her oppo research from Russia’s prosecutor Yuri Chaika.

 Stories that note Veselnitskaya crafted the talking points on Browder and Ziff, which were then picked up by Russia’s prosecutor general Yuri Chaika, are used to suggest that that means Veselnitskaya got the talking points she wrote from Chaika. In conjunction, several iterations of the talking points are released (but not the ones she originally wrote). Also, Balber again weighs in to distance Agalarov.

Donald Trump Jr. has dismissed Mr. Goldstone’s emails as “goosed-up.” Mr. Balber blamed miscommunication among those arranging the meeting. “Mr. Agalarov unequivocally, absolutely, never spoke to Mr. Chaika or his office about these issues,” he said.

So orchestrating a meeting between Rinat Akhmetshin and Ike Kaveladze would make three attempts, on sometime Trump and current Agalarov lawyer Scott Balber’s part, to craft a story about the June 9 meeting.

There are other reasons I know of to suspect that Balber’s story is total crap, but they’ll have to wait.

One more data point.

Remember that in his telegraphed testimony, Don Jr claimed he couldn’t recall the presence of Akhmetshin.

I’m more interesting in the things the forgetful 39 year old could not recall. While his phone records show he spoke to Emin Agalarov, the rock star son of Aras Agalarov, who has been dangling real estate deals in Russia for the Trumps for some time, for example, he doesn’t recall what was discussed.

Three days later, on June 6th, Rob contacted me again about scheduling a time for a call with Emin. My phone records show three very short phone calls between Emin and me between June 6th and 7th. I do not recall speaking to Emin. It is possible that we left each other voice mail messages. I simply do not remember.

This is important, because those conversations probably explained precisely what was going to happen at that meeting (and how it might benefit real estate developer Aras Agalarov), but Jr simply can’t recall even having a conversation (or how long those conversations were).

He also doesn’t recall whether he discussed the meeting, after the fact, with Jared, Manafort, or (the unspoken “anyone else” here is pregnant) Pops.

The meeting lasted 20-30 minutes and Rob, Emin and I never discussed the meeting again. I do not recall ever discussing it with Jared, Paul or anyone else. In short, I gave it no further thought

Once we find out he did discuss it with Pops and others, he can say he’s stupid and we’ll all believe him.

Most interesting, to me, is his claim to only recall seven participants in the meeting.

As I recall, at or around 4 pm, Rob Goldstone came up to our offices and entered our conference room with a lawyer who I now know to be Natalia Veselnitskaya. Joining them was a translator and a man who was introduced to me as Irakli Kaveladze. After a few minutes, Jared and Paul joined. While numerous press outlets have reported that there were a total of eight people present at the meeting, I only recall seven. Because Rob was able to bring the entire group up by only giving his name to the security guard in the lobby, I had no advance warning regarding who or how many people would be attending. There is no attendance log to refer back to and I did not take notes.

The unstated subtext here is even more pregnant. Don Jr accounts for seven of the participants in this meeting:

(3) Himself, Paul Manafort, Jared Kusher

(4) Natalia Veselnitskaya, her translator, the Agalarov’s real estate invstment executive Irakli Kaveladze, and Rob Goldstone

So what he really means to say is he doesn’t recall the presence of Rinat Akhmetshin, who has ties to Russian intelligence and a history of fending off accusations of hacking.

Finally, remember that Veselnitskaya was in touch with Agalarov in advance of the meeting, at the same time that Trump Jr was having phone calls — the substance of which he simply can’t remember — with the younger Agalarov.

Me, 11 days ago.

THIS FEELS LIKE A LIMITED HANGOUT

All of which is to say that the efforts of the last month feel like a limited hangout — an attempt to avoid potentially more damaging revelations with new admissions about Magnitsky. That’s not to say the Magnitsky discussion didn’t happen. It’s to say the potential admissions — down to Veselnitskaya’s claim that, “I definitely don’t have!” information on Russian hacking and interference — have gotten far more damaging since when, in July, she claimed the election didn’t come up.

At the very least, it seems the players — particularly the Trump sponsor Agalarovs  are concerned about what Rob Goldstone has had to say to whatever investigative body — and are now trying to cement a different more damning one, yet one that still stops short of what they might admit to.

In either case, another thing seems clear: Veselnitskaya attempted to come to the country, using the same method she did when she actually used her presence to pitch Don Jr. After that meeting was denied, Trump went from suggesting he might meet with Putin to confirming that he plans to.

Earlier today, NBC reported that Rob Goldstone is preparing to come to the US (bizarrely showing willingness to come here rather than remain in Thailand where extraditions are possible but challenging) to meet with Mueller’s team.

From all this, I suspect that Jared’s delayed disclosures may hide other, far more damning ones.

The Don Jr – WikiLeaks Emails Are Underwhelming

Julia Ioffe has a big scoop on the content of DMs between Don Jr and WikiLeaks turned over to Congress (unless it came indirectly from Don Jr, as it may have, it’s another inappropriate leak that will discredit whatever source turned them over).

And I have to say, the DMs are more telling for what they don’t include than what they do. Most notably, Ioffe cites no DM showing Julian Assange explaining to Don Jr that his source wasn’t Russia, which given more recent efforts to pitch that story, you might have expected.

Just as notable, when Don Jr asks Assange what emails will be coming out the week of October 7 — one of the moments when, Democrats have speculated, some coordination between WikiLeaks and the Trump campaign may have occurred — Assange doesn’t answer.

On October 3, 2016, Wikileaks wrote again. “Hiya, it’d be great if you guys could comment on/push this story,” Wikileaks suggested, attaching a quote from then-Democratic nominee Hillary Clinton about wanting to “just drone” Wikileaks founder, Julian Assange.

“Already did that earlier today,” Trump Jr. responded an hour-and-a-half later. “It’s amazing what she can get away with.”

Two minutes later, Trump Jr. wrote again, asking, “What’s behind this Wednesday leak I keep reading about?” The day before, Roger Stone, an informal advisor to Donald Trump, had tweeted, “[email protected] is done. #Wikileaks.”

Wikileaks didn’t respond to that message, but on October 12, 2016, the account again messaged Trump Jr. “Hey Donald, great to see you and your dad talking about our publications,” Wikileaks wrote. (At a rally on October 10, Donald Trump had proclaimed, “I love Wikileaks!”)

The exchange is interesting for a number of reasons: given my questions about uncertainty over whether these would be Clinton Foundation emails or something else, there’s no discussion from either side about content. Don Jr seems to have gone to Assange rather than Roger Stone to find out about the impending dump. And there’s no talk about other impending dumps — not the Access Hollywood tape, not the Intelligence Community report blaming Russian for the hack.

All in all more exonerating than inculpating, particularly given the expectations around that week.

The other thing that doesn’t appear in these DMs is any hint that Don Jr knew of Peter Smith’s efforts to find and send to Wikileaks hacked copies of emails from Hillary’s server.

It is definitely the case that Assange was trying to gain some value from Trump, but Don Jr, at least, didn’t comply (indeed, as Ioffe notes, with just a few exceptions Don Jr didn’t respond). But (unless Don Jr withheld DMs that Twitter would have already turned over to Mueller) this in no way backs the narrative that Democrats suggested might have happened.

Here are the DMs Ioffe describes:

September 20: Wikileaks warns about PutinTrump (Don Jr promises to ask around, and emailed four people on the campaign telling them WikiLeaks had made contact)

October 3: Wikileaks asks for pushback on Hillary’s threat to drone Wikileaks (Don Jr says he had already done so)

October 3: Don Jr asks about the impending dump (Wikileaks doesn’t respond)

October 7: IC statement tying Wikileaks to the Russian operation

October 12: Wikileaks thanks Don Jr for his dad talking up Wikileaks, provides a preferred link (Don Jr tweets out the link two days later); Shortly after the original tweet, Don Sr tweeted out praise for Wikileaks, but didn’t use the link Assange wanted him to use. [Update: Some caution is due on this last point. While it indeed looks like Don Sr’s tweet closely follows the exchange, the DMs we have are printouts, meaning we can’t check the actual timestamps of the exchanges to verify what time zone they were set to.]

October 21: Wikileaks asks for a tax return to publish, trying to establish impartiality

November 8: Wikileaks suggests Trump not concede and challenge media corruption

November 9: Wikileaks tweets “wow”

December 16: Assange asks to be appointed Australian Ambassador to DC

July 11: Wikileaks offers to publish Don Jr’s Veselnitskaya email (Don Jr posts them himself)

Maybe Stephen Miller’s Discussions with George Papadopoulos Are Why Jeff Sessions Can’t Recall Any Email Discussions?

Over the weekend, the NYT published the best reported piece yet on the George Papadopoulos plea. I’m most intrigued by the description of how a young Russian intern turned Joseph Mifsud into a Russian expert in 2014. But the most important detail in the story is that the loathsome Stephen Miller is the Senior Policy Adviser described in the plea.

The day before he learned about the hacked emails, Mr. Papadopoulos emailed Mr. Miller, then a senior policy adviser to the campaign, saying Mr. Trump had an “open invitation” from Mr. Putin to visit Russia. The day after, he wrote Mr. Miller that he had “some interesting messages coming in from Moscow about a trip when the time is right.”

Those emails were described in court papers unsealed Oct. 30 disclosing that Mr. Papadopoulos had pleaded guilty to lying about his contacts to the F.B.I. But the documents did not identify Mr. Miller by name, citing only a “senior policy adviser.” Neither he nor his lawyer responded on Friday to requests for comment.

During interviews with Mr. Mueller’s investigators, former campaign officials now working at the White House have denied having advance knowledge of the stolen emails, according to an official familiar with those discussions. Mr. Miller was among those recently interviewed.

The NYT hints at what I laid out explicitly: FBI charged Papadopoulos for his lies because they were designed to hide whether he told the campaign about the emails Mifsud told him about. And given the timing, it seems highly likely Papadopoulos’ reference in his April 27 email (the government cites just one line from the email, so it may not be the most exciting detail) to “interesting messages coming in from Moscow,” those interesting messages included discussion about the “dirt” Russia had on Hillary in the form of emails.

That is, it seems highly likely that on April 27 (or whenever Papadopoulos was next in DC), Miller learned that Russia had some kind of emails from Hillary.

Miller, recall, is Jeff Sessions’ close aide, his installment in the Administration. The NYT makes clear that Miller was interviewed by Mueller’s team recently, which means he was one of the people the government planned to interview just after locking in Papadopoulos’ plea.

Which makes this exchange from Jeff Sessions’ most recent congressional appearance, on October 18, all the more interesting. First, Patrick Leahy got the Attorney General to admit that there was a difference between not recalling something and affirmatively denying something. Leahy then pointed out that, once the meetings he had denied were disclosed, Sessions started not recalling certain things about the meetings that he had previous affirmatively denied.

Leahy: Later in March, when you did disclose such meetings, you said you could not recall what was said at the meetings. Your answer to my question was an emphatic no. It wasn’t, “I don’t recall.” You are a lawyer, I am a lawyer. You are, in fact, our nation’s top lawyer. Is there a difference between responding “no” and “I do not recall”?

Sessions: Yes.

Leahy: Thank you.

Sessions: Certainly it is, Senator Leahy.

Leahy: So if you could not recall, then you could not answer have answered my first question, yes or no, if later you said that you don’t recall what was discussed. The reason I ask is that, US intelligence intercepts reported in July that it would appear you did in fact discuss campaign issues with the Russian Ambassador.

Leahy then asked Sessions whether he had, since the election, had conversations with Russian officials about a slew of things, starting with emails. Sessions got even squirrelier than he normally is, and first attempted to answer a question Leahy didn’t ask.

Sessions: I have never had a meeting with any Russian officials to discuss any kind of coordinating campaign efforts.

So then Leahy asked about each item in turn.

Leahy: Let’s take this piece by piece. Did you discuss any of the following: Emails?

Sessions: Repeat the question again about emails.

Leahy: Since the 2016 campaign, have you discussed with any Russian connected official anything about emails?

Sessions: Discuss with them. I don’t recall having done any such thing.

Right after this exchange, Sessions totally balks when Leahy asks him if he has been interviewed or asked for an interview by Mueller, saying he should clear it with the Special Counsel.

Now, there was some imprecision in this questioning. It’s clear that Sessions believed he was answering the question about during the campaign, not since it.

But of the things Leahy asked about — emails, Russian interference, sanctions, or any policies or positions of the Trump campaign or presidency — Sessions ultimately not-recalled in response to just one question: the emails.

Based on the past practice Leahy had just laid out, Sessions claimed to not recall issues that he had actually done. Which would suggest Sessions is worried that there’s evidence he has discussed emails — with someone. It’s just not clear how he interpreted that question.

Luckily, he’s due in the House Judiciary Committee tomorrow, when Democrats can try to get him to recall whether he spoke to his top aide, Stephen Miller, about emails the Russians were promising.

Mueller’s Watergate Prosecutor Is Liaising with the White House Lawyers, and Other Tidbits on Mueller’s Org Chart

Earlier this month, I explored what the organization exposed by the first court filings in the Mueller investigation showed. Politico has a version of the same analysis today that adds some more interesting details.

What ought to be the headline details is that the prosecutor on Mueller’s team who worked on Watergate, James Quarles, is the one liaising with White House lawyers.

Mueller’s liaison to the White House is James Quarles, a former Watergate prosecutor who has helped arrange an ongoing series of interviews with current and former Trump aides. Quarles was involved in the questioning of former press secretary Sean Spicer during a daylong interview last month, according to a person with knowledge of the interview, and he’s a primary point of contact for Trump’s personal attorney, John Dowd, as well as Ty Cobb, the lead White House lawyer handling the Russia investigation.

That seems like worthwhile symbolism.

The article describes who is leading the investigation into Mike Flynn.

And at the center of the investigation into Flynn is Jeannie Rhee, a former Obama-era deputy assistant attorney general who most recently worked with Mueller at the WilmerHale law firm — and whose name has so far appeared only on publicly available court documents relating to the guilty plea of former Trump campaign adviser George Papadopoulos. Assisting Rhee on the Flynn case is Zainab Ahmad, an assistant U.S. attorney from New York with a specialty in prosecuting and collecting evidence in international criminal and terrorism cases — and whose name hasn’t yet appeared in Russia-related court filings at all.

I find it curious that Rhee has been involved in the Papadopoulos plea, given that there’s no sign that links up to Flynn. And I’m just as curious that Ahmad (who, as I noted, is a specialist in trying foreigners brought into the US) is on that team. Are there more Turks that will be brought in on the Flynn investigation? This passage doesn’t mention Brandon Van Grack (it later describes Van Grack’s role in Papadopoulos’ arraignment back in July, without explaining that that’s pretty clearly because he’s used to the court house in Alexandria, where Papadopoulos was arraigned), though I assume he’s still on that team.

Finally, the piece notes that Mueller added another prosecutor (it says there are currently 17 prosecutors, which may mean he has added two). Though unlike with all the other prosecutors on the team, Mueller’s not telling who this one is.

Mueller’s work isn’t just confined to his team of prosecutors, which special counsel spokesman Peter Carr said grew last week to 17 with the addition of an unnamed lawyer.

That may mean some other case just got deemed related to Mueller’s, but it’s one that he doesn’t want to reveal has been connected yet.

At Some Point Trump’s Denials Are about Criminal Defense, Not Just Denial

After hanging out with Vladimir Putin informally in Da Nang, Donald Trump again said he believes Putin’s denials that he interfered with the election.

“He said he didn’t meddle. He said he didn’t meddle. I asked him again. You can only ask so many times,” Trump told reporters aboard Air Force One as he flew from Da Nang to Hanoi in Vietnam. Trump spoke to Putin three times on the sidelines of summit here, where the Russia meddling issue arose.

“Every time he sees me, he says, ‘I didn’t do that,'” Trump said. “And I believe, I really believe, that when he tells me that, he means it.”

“I think he is very insulted by it,” Trump added.

This has the chattering class horrified, again, about what this does for the intelligence community.

That’s all true, but I think this is about more than Trump preferring the analysis of an old KGB spy.

As this NYT story released last night makes clear, the Mueller investigation is closing in on Trump’s close aides, including Stephen Miller and (as I’ll point out later) Jeff Sessions. I have reason to believe something will be announced in the very near future that will blow the investigation wide open, in ways that may directly implicate the President.

But, as I’ve said repeatedly, the Russian operation built in multiple levels of deniability, not just the WikiLeaks cut-out. So it may be that whatever actions personally implicate Trump involve enough deniability he will be able to claim — or try to — that he didn’t know the actions he took involved working directly with the Russians.

In other words, at some point these repeated public claims aren’t about trusting Putin over his intelligence community. They’re about mounting a criminal defense.

Is There More to Trump’s Thumbs Up Picture?

Yesterday, Trump tweeted out this bizarre picture, featuring him, Hope Hicks, Jared Kushner, Stephen Miller, Dan Scavino, and either Staff Secretary John Porter or Body Man John McEntee, all giving a thumbs up.

It appears to be a celebration of the one year anniversary of his win, though in the wake of the shellacking the GOP took in VA and his disavowal of Ed Gillespie seems like denial.

But given the inclusion of Jared — fresh off his 4AM chats with Mohammed bin Salman that immediately preceded MBS’ purge (Jared apparently joined the trip late, and some White House reporters didn’t even know he was on it) — and the fact it was taken (given Hicks and Trump’s garb) a day before it was posted makes me wonder whether the tweet is not serving a dual purpose, signaling for the second time this week that Trump supports MBS’ plans in the Middle East.

As John de Vashon noted on Twitter, the picture also foregrounds the FT coverage of MBS’ purge, from a newspaper even more dated than the clothing.

As I’ve noted of late, MBS’ purge is consistent with what I imagined, back in May, a Jared Kushner-brokered “peace” deal would look like — basically a reordering of the Middle East at the behest of Israel and Saudi Arabia.

[C]onsider what the purported Middle East peace that Kushner has reportedly been crafting would actually look like. It’d include unlimited support for Israeli occupation of Palestine. Bashar al-Assad would be ousted, but in a way that would permit Russia a strategic footprint, perhaps with sanction of its occupation of Crimea and Donetsk as well. It’d sanction the increasing authoritarianism in Turkey. It’s sanction Saudi Arabia’s ruthless starvation of Yemen. It’d fuck over the Kurds.

And it’d mean war with Iran.

Trump took steps towards doing most of those things on his trip, not least with his insane weapons deal with Saudi Arabia, itself premised on a formal detachment of weapons sales from any demands for respect for human rights. Of particular note, Trump claimed to be establishing a great peace initiative with Islamic countries, even when discussing meetings that treated Iran (and by association most Shia Muslims) as an enemy.

Several days ago in Saudi Arabia, I met with the leaders of the Muslim world and Arab nations from all across the region. It was an epic gathering. It was an historic event. Kind Salman of Saudi Arabia could not have been kinder, and I will tell you, he’s a very wise, wise man. I called on these leaders and asked them to join in a partnership to drive terrorism from their midst, once and for all. It was a deeply productive meeting. People have said there had really never been anything even close in history. I believe that. Being there and seeing who was there and hearing the spirit and a lot of love, there has never been anything like that in history. And it was an honor to be involved.

Kushner’s “peace plan” is not so much a plan for peace. It’s a plan for a complete remapping of the Middle East according to a vision the Israelis and Saudis have long been espousing (and note the multiple nods on Trump’s trip to the growing alliance between the two, including Trump’s flight directly from Riyadh to Tel Aviv and Bibi’s comment on “common dangers are turning former enemies into partners”). It’s a vision for still more oppression (a view that Trump supports globally, in any case).

Yes, it’d probably all be accomplished with corrupt self-enrichment on the part of all players.

Just before the purge, Saad Hariri resigned and is believed to he held in Saudi Arabia. Saudi Arabia has claimed the curiously timed missile striking Riyadh signaled Iran was in Yemen. Now, Saudi Arabia is ordering its citizens out of Lebanon immediately, suggesting there may be some kind of response now that they’ve pulled Hariri out of Lebanon.

In other words, it feels like MBS, while consolidating power and seizing his opponents’ considerable assets, is about to expand his war in the Middle East.

And conveniently, Trump and Putin will meet on Friday to lay out plans (reportedly including on Syria).

I’ve said for some time that whatever merit there is to the Russian investigation, it risked focusing too closely on just Russia, and not Trump’s other corrupt ties. Jared’s plans (and his claims about the scope of his meetings with other Ambassadors) were always far broader than just Israel.

And no one in Trump’s orbit have the sophistication to understand if they’re being snookered by the Saudis and Israelis.

So I wonder whether this picture isn’t designed to do far more than gloat about the election.

About the Timing of the Binney Meeting

The Intercept is reporting that, on Trump’s orders, Mike Pompeo met with Bill Binney on October 24 to understand his theory arguing that the DNC hack was in fact a leak.

In an interview with The Intercept, Binney said Pompeo told him that President Donald Trump had urged the CIA director to meet with Binney to discuss his assessment that the DNC data theft was an inside job. During their hour-long meeting at CIA headquarters, Pompeo said Trump told him that if Pompeo “want[ed] to know the facts, he should talk to me,” Binney said.

[snip]

Binney said that Pompeo asked whether he would be willing to meet with NSA and FBI officials to further discuss his analysis of the DNC data theft. Binney agreed and said Pompeo said he would contact him when he had arranged the meetings.

I’ve got a few comments about this.

First, I’m particularly intrigued in the timing. on Twitter, Jim Sciutto said Trump had been pushing for Pompeo to meet with Binney for several weeks.

Pompeo took the meeting at the urging of President Trump over weeks. Pompeo told Binney: “The president told me I should talk to you”

I’ve been told the meeting was set up by October 14, which means Trump has been pushing for this meeting for over a month. That dates it to around the same time as reports that Chief of Staff John Kelly was preventing Dana Rohrabacher from meeting Trump to pass on Julian Assange’s claims explaining how the emails he received didn’t come from Russia, though that scheme went back further, to mid-August.

Effectively, though, that means Trump has been trying to find some way to magnify theories that argue culprits besides Russia did the hack. The guy who begged Russia to hack Hillary’s emails in the middle of last summer is looking for some alternative narrative to push, and it’s not clear whether he cares what that narrative is.

Though, as I noted in my post on these theories, now that we know the files Guccifer 2.0 leaked were from Podesta and as-yet unidentified sources, it makes all the arguments focusing on Guccifer beside the point (and disrupts Craig Murray’s claims).

On top of a lot of other implications of this, it shifts the entire debate about whether Guccifer 2.0 was WikiLeaks’ source, which has always focused on whether the documents leaked on July 22 came from Guccifer 2.0. Regardless of what you might conclude about that, it shifts the question to whether the Podesta emails WikiLeaks posted came from Guccifer 2.0, because those are the ones where there’s clear overlap. Russia’s role in hacking Podesta has always been easier to show than its role in hacking the DNC.

It also shifts the focus away from whether FBI obtained enough details from the DNC server via the forensic image it received from Crowdstrike to adequately assess the culprit. Both the DNC and Hillary (as well as the DCCC) servers are important. Though those that squawk about this always seem to miss that FBI, via FireEyedisagreed with Crowdstrike on a key point: the degree to which the two separate sets of hackers coordinated in targeted servers; I’ve been told by someone with independent knowledge that the FBI read is the correct one, so FBI certainly did their own assessment of the forensics and may have obtained more accurate results than Crowdstrike (I’ve noted elsewhere that public IC statements make it clear that not all public reports on the Russian hacks are correct).

In other words, given that the files that Guccifer 2.0 first leaked actually preempted WikiLeaks’ release of those files by four months, what you’d need to show about the DNC file leaks is something entirely different than what has been shown.

Binney and the other skeptics aren’t even arguing the right issue anymore.

Moreover, there’s a newly public detail that may moot two key strands of the argument. Last week the WSJ (here’s the Reuters version) reported that DOJ is thinking of charging 6 Russian officials in the hack of the DNC. I get it. People are skeptical that the FBI has any better data than the NSA (though I know others, outside of the FBI, believe they’ve pinpointed hackers by name). But as part of that story,  they described the four districts where the investigation into the hack (as distinct from Mueller’s investigation into the election tampering) live.

The U.S. Justice Department has gathered enough evidence to charge six members of the Russian government in the hacking of Democratic National Committee computers before the 2016 U.S. presidential election, the Wall Street Journal reported on Thursday, citing people familiar with the investigation.

Federal agents and prosecutors in Washington, Philadelphia, Pittsburgh and San Francisco have been cooperating on the DNC investigation and prosecutors could bring the case to court next year, it said.

[snip]

The hacking investigation, conducted by cybersecurity experts, predates the appointment in May of federal special counsel Robert Mueller to oversee the probe of alleged Russian meddling in the 2016 election and possible collusion with President Donald Trump’s campaign.

Mueller and the Justice Department agreed to allow the technical cyber investigation to continue under the original team of agents and prosecutors, the Journal said.

I’m not sure the report is 100% accurate; for example, I know of a non-political witness in the election-related hack being interviewed by Mueller’s people.

But it includes a little-noticed detail that I know to be accurate — and important to rebut the claim that the copying speed claimed by Forensicator requires a conclusion incompatible with Russia carrying out the hack. Part of the investigation is in Philadelphia.

When Reuters first reported a tripartite structure of the investigation in February, it included San Francisco (the Guccifer 2.0 investigation), Pittsburgh (the Russian side, probably focused on known APTs), and DC (the counterintelligence side — though that would significantly be Mueller’s investigation).

Philadelphia was not included. I only know a bit about the Philadelphia side of the investigation, but I do know that part of the investigation is located there because of a server in the district. So one way or another, we know that the FBI is conducting an investigation in an Eastern city as part of the hacking investigation based on the use of a server in the district. That doesn’t necessarily mean they’re investigating Russians. But it means even if you account for a server in the eastern time zone, you still have FBI preparing to charge Russians for the hack.

Which brings us to the last line of the Intercept article.

Binney said that since their meeting, he has not heard from Pompeo about scheduling follow-up meetings with the NSA and FBI.

Granted, it has only been two weeks. But in that time, not even Pompeo’s prodding has made the FBI (more likely) or the NSA (which still has bad blood with Binney) remotely curious about these theories.

“The Goals That Are Being Scored” … the Carter Page Saga

In the middle of the Carter Page testimony to the House Intelligence Committee last week, Adam Schiff tried to get him to answer whether he spoke about buying a stake of Rosneft during his July 2016 trip to Moscow — a key claim from the Steele dossier. Page professed that it might be possible, but he couldn’t remember such a discussion because he was watching Ronaldo on TV at the time.

He may have briefly mentioned it when we were looking up from this Portugal — Ronaldo, whoever the — you know, the goals that are being scored. That may have come up. But I have no definitive recollection of that.

Page comes off, often, as someone utterly clueless about how both the Trump campaign officials and the Russians trying to use him were doing so.

It depends on the definition of meet

That said, the most interesting bits involve the things Page tried to hide or obfuscate, such as his claim he never met Trump even after having been in a lot of meetings with him.

Mr. Rooney: Did you ever meet Mr. Trump?

Mr. Page: I have never met him in my life. I’ve been in a lot of meetings with him, and I’ve learned a lot from him, but never actually met him face-to-face.

He does the same with Arkadiy Dvorkovich, Russia’s Deputy Prime Minister, when Adam Schiff tries to point out that meeting him in July 2016 would amount to meeting a senior official.

Mr. Schiff: And you don’t consider him to be a high-up official or someone in an official capacity?

Mr. Page: I — nothing I — it was — again, I did not meet with him. I greeted him briefly as he was walking off the stage after his speech.

Page even compares these two instances of not-meetings later in his testimony.

[I]t goes back to the point I mentioned with listening to speeches, listening to particularly Arkadiy Dvorkovich’s speech, right. Again, great insights just like I learned great insights — even though I’ve met — I’ve never met Donald J. Trump in my life, I’ve learned a lot from him.

Ultimately, even Trey Gowdy finds this obfuscation around the word “meet” to be too much.

Mr. Gowdy: All right. I’ve written down four different words. I didn’t think I’d ever be going through this with anyone, but we’ve got to, I guess. You seem to draw a distinction between a meeting, a greeting, a conversation, and you hearing a speech.

JD Gordon’s central role

I pointed out last week how JD Gordon was playing the press in the wake of the Papadopoulos plea agreement being unsealed. Page’s testimony may explain why: because Gordon was the key person coordinating Page’s activities.

Page at first tries to hide this, before he admits that JD Gordon was his supervisor on the campaign.

And J.D. Gordon was brought in, and he was sort of the de facto organizers [sic] for our group, although not — there was no official command structure, because, again, it was an informal quasi think tank, if you will.

Page later describes Gordon as the most formal of the foreign policy group.

[T]he thing with J.D. is that — again, we’re an informal group, right. He was probably the most formal. I believe he may have even had — if I’m not mistaken, he may have had a Trump campaign email address. I had spoken with him on that — a few occasions that are — you know, we’d get together for a dinner. I may have sent an email or two to him on that. And again, he never definitively answered one way or another.

And Page seems to have treated his conversations with Gordon with some sensitivity (though there’s any number of reasons why this might be true, including that they were running a cutthroat political campaign). Eric Swalwell walks Page through an email in which he warned Gordon, in advance of a call, that he’d be in the “Third World” Laguardia Sky Club so could only listen, not speak.

Mr. Swalwell: In a May 24th, 2016, email to J.D. Gordon, Bates stamped [redacted], you wrote: “FYI: At the Newark Sky Club, Delta has a private room when you can have a confidential conversation, but, unfortunately, no such luck at Third World LaGuardia. So I’ll mostly be on receive mode, since there are a significant number of people in the lounge.”

Later in testimony, Schiff describes an email Page sent two days later, telling Gordon, “I’m planning to speak alongside the chairman and CEO of Sberbank as we’ll both be giving commencement addresses as Mosscow’s New economic School on July 8” (in fact the meeting never happened; though that may be because Dvorkovich replaced him).

Perhaps most damning of all, when Page “mentioned to [Jeff Sessions] in passing” (yet another exchange that shows Sessions perjured himself before the Senate) that he was about to go to Moscow, Gordon and Papadopoulos were present as well.

Mr. Schiff: Let me take you back to what we were discussing before our break, the meeting you had at the Republican National Headquarters I think is the building you’re referring to, if I understand correctly. What was the nature of the discussions at that meeting with Mr. Sessions, then-Senator Sessions — was J.D. Gordon present?

Mr. Page: I believe he was.

Mr. Schiff: And George Papadopoulos you believe was there?

Mr. Page: I believe, yes, to the best of my recollection.

This puts some of the key players together, discussing how Page’s trip to Moscow might benefit the campaign.

Finally, in spite of his efforts to downplay his exchange with Dvokovich, Page’s letter to Gordon boasting about it was a key focus.

Mr. Schiff: And in that [email], Dr. Page, didn’t you state, on Thursday and Friday, July 7 and 8, 2016: “Campaign Adviser Carter Page” — you’re referring to yourself in the third person — “presented before gatherings at the New Economic Schoo, NES, in Moscow, including their 2006 [sic] commencement ceremony. Russian Deputy Prime Minister and NES Board Member Arkadiy Dvorkovich also spoke before the event. In a private conversation, Dvorkovich expressed strong support for Mr. Trump and a desire to work toward devising better solutions in response to the vast range of current international problems”?

The others

While less substantive than the focus on JD Gordon, it’s clear Democratic members were interested in the roles of others: Corey Lewandowski, who “hired” Page and okayed his trip to Russia, Hope Hicks, who was in the loop, Sam Clovis, who made him sign an NDA and had another meeting with him before he left for Russia, and Michael Cohen, who kept the NDA (and in fact didn’t provide Page his promised copy). Schiff also got the list of those responsible for changing the platform (which I think is overblown) into the record: in addition to Gordon, Joseph Schmitz, Bert Mizusawa, Chuck Kubic, Walid Phares, and Tera Dahl.

But the most interesting exchange came right at the end, when Schiff walked Page through a list of people he might have interacted when. When he asked about Eric Trump, Page admitted to sending his resignation to the son.

Mr. Schiff: Eric Trump.

Mr. Page: I — when I sent in my letter of — saying that I am taking a leave of absence from the campaign, I sent an email to him and a bunch of other individuals. So that was on — late Sunday night, after I sent the letter to James Comey. I sent a copy of that to them.

Mr. Schiff: So you sent a letter to Eric Trump, but you have had no other interaction with him apart from that?

Mr. Page: No. No.

Mueller probably interviewed Page during the Papadopoulos lag

Finally, there is perhaps the most important detail. Page admits he has spoken with the FBI this year 4-5 times (he appears to have been represented by a lawyer earlier this year, but he’s now draining his savings and representing himself). When asked if he has met with Mueller’s investigators, he notes what I did: his October 10 letter sort of pleading the Fifth was addressed, first and foremost, to Robert Mueller, which would put his testimony between the time George Papadopoulos pled guilty to false statements and the time it was unsealed — the time when Mueller was locking in the testimony of everyone implicated by Papadopoulos’ cooperation.

As I noted the other day, in the affidavit the FBI wrote explaining why they wanted to seal any notice of Papadopoulos’ plea deal, they described their plans to get the testimony of the people who had knowledge between Russians and the campaign.

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

All the people interviewed in what I’ll call the Papadopoulos lag — the time between when he pled guilty and the time they unsealed his plea — likely operated with the false confidence that the Mueller team would not know of conversations among campaign staffers. It appears that Page (like Sam Clovis, and, probably,JD Gordon) was interviewed in that period.

Be Wary of Jumping on the Changing Veselnitskaya Claims

Boy oh boy, Natalia Vesenitskaya continues to work the press.

Veselnitskaya reverses a previous claim that the June 9, 2016 meeting didn’t mention the election

Bloomberg has a story based on a two and a half hour interview — on an unspecified date — with the Russian lawyer who met with Don Jr, Jared Kushner, and Paul Manafort at Trump Tower on June 9, 2016. In it, she adds to the story she has told in the past to claim that Don Jr suggested the US might revisit the Magnitsky sanctions if his dad got elected.

A Russian lawyer who met with President Donald Trump’s oldest son last year says he indicated that a law targeting Russia could be re-examined if his father won the election and asked her for written evidence that illegal proceeds went to Hillary Clinton’s campaign.

The lawyer, Natalia Veselnitskaya, said in a two-and-a-half-hour interview in Moscow that she would tell these and other things to the Senate Judiciary Committee on condition that her answers be made public, something it hasn’t agreed to. She has received scores of questions from the committee, which is investigating possible collusion between Russia and the Trump campaign. Veselnitskaya said she’s also ready — if asked — to testify to Special Counsel Robert Mueller.

Here’s the line of the story that, if accurate, introduces a damning new aspect of the story.

“Looking ahead, if we come to power, we can return to this issue and think what to do about it,’’ Trump Jr. said of the 2012 law, she recalled. “I understand our side may have messed up, but it’ll take a long time to get to the bottom of it,” he added, according to her.

Perhaps my favorite detail of the story, however, is that she suggests Paul Manafort (the only one known to have taken contemporaneous notes from the meeting) appeared to have been asleep, leaving Don Jr as the only woke witness to what went down.

Kushner left after a few minutes and Manafort appeared to have fallen asleep. “The meeting was a failure; none of us understood what the point of it had been,’’ Veselnitskaya said, adding she had no further contacts with the Trump campaign.

As Bill Browder noted, this marks a change in her story, one which must be contextualized with recent events.

In the days immediately after the story broke, Veselnitskaya released a statement saying nothing about the presidential election came up.

Ms. Veselnitskaya said in a statement on Saturday that “nothing at all about the presidential campaign” was discussed at the Trump Tower meeting. She recalled that after about 10 minutes, either Mr. Kushner or Mr. Manafort left the room.

She said she had “never acted on behalf of the Russian government” and “never discussed any of these matters with any representative of the Russian government.”

Now, she’s claiming different. I’d suggest that this claim, like all that have gone before, should be treated really really skeptically — especially published in the wake of allegations that campaign officials would have walked into that meeting expecting “dirt” to mean emails, not to mention as Veselnitskaya makes another bid to come to the US and Trump prepares to meet directly with Putin.

Veselnitskaya makes this claim as she tries to come to the US and Agalarov attempts to shape the story

Here’s what the recent timeline looks like:

October 4: Burr was asked last month about Veselnitskaya, and suggested SSCI had already reached out.

Q: Is the Russian attorney going to come through, the Russian who met with Donald Trump Jr., she’s offered to come in open committee. Have you reached out to her? Is she one of the 25 on your list?

Burr: How do you know we haven’t already [heard from] her?

October 9: A CNN story produced with involvement of Scott Balber, who is currently representing Aras and Amin Agalarov (who set up the June 9 meeting in the first place), but who has represented Trump in the past, attempts to rebut the public comments and presumed testimony of Rod Goldstone on two points. First, that the meeting was about dealing dirt, and second, that it was about anything but the Magnitsky sanctions.

The documents were provided by Scott Balber, who represents Aras and Emin Agalarov, the billionaire real estate developer and his pop star son who requested the June 2016 meeting.

Balber, who went to Moscow to obtain the documents from Veselnitskaya, said in an interview with CNN that the emails and talking points show she was focused on repealing the Magnitsky Act, not providing damaging information on Clinton.
The message was muddled, Balber said, when it was passed like a game of telephone from Veselnitskaya through the Agalarovs to Goldstone.

Balber also suggested that Goldstone “probably exaggerated and maybe willfully contorted the facts for the purpose of making the meeting interesting to the Trump people.”

Goldstone declined to comment for this story.

“The documents and what she told me are consistent with my client’s understanding of the purpose of the meeting which was from the beginning and at all times thereafter about her efforts to launch a legislative review of the Magnitsky Act,” Balber said.

October 18: Chuck Grassley sends a long list of questions to Veselnitskaya, demanding a response to schedule a transcribed, non-public interview, by October 20. Incidentally, I find this to be the most curious of the questions.

Did Mr. Goldstone or anyone else discuss a proposal regarding Vkontakte (VK) during the June 9, 2016 meeting?

October 19: In remarks in Sochi, amid a complaint about Magnitsky sanctions, Putin tells listeners to look at American sources for details of Ziff political contributions, closely mirroring the talking points now claimed to derived from Veselnitskaya.

What do I think about what you have just said, about Canada joining or wanting to join, or about somebody else wanting to do it? These are all some very unconstructive political games over things, which are in essence not what they look like, to be treated in such a way or to fuss about so much. What lies underneath these events? Underneath are the criminal activities of an entire gang led by one particular man, I believe Browder is his name, who lived in the Russian Federation for ten years as a tourist and conducted activities, which were on the verge of being illegal, by buying Russian company stock without any right to do so, not being a Russian resident, and by moving tens and hundreds of millions of dollars out of the country and hence avoiding any taxes not only here but in the United States as well.

According to open sources, I mean American open sources, please look up Ziff Brothers, the company Mr Browder was connected with, which has been sponsoring the Democratic Party and, substantially less, the Republican Party during recent years. I think the latest transfer, in the open sources I mean, was $1,200,000 for the Democratic Party. This is how they protect themselves.

In Russia, Mr Browder was sentenced in his absence to 9 years in prison for his scam. However, no one is working on it. Our prosecution has already turned to the appropriate US agencies such as the Department of Justice and the Office of the Attorney General for certain information so we can work together on this. However, there is simply no response. This is just used to blow up more anti-Russian hysteria. Nobody wants to look into the matter, into what is actually beneath it. At the bottom of it, as usual, is crime, deception and theft.

October 27: Stories that note Veselnitskaya crafted the talking points on Browder and Ziff, which were then picked up by Russia’s prosecutor general Yuri Chaika, are used to suggest that that means Veselnitskaya got the talking points she wrote from Chaika. In conjunction, several iterations of the talking points are released (but not the ones she originally wrote). Also, Balber again weighs in to distance Agalarov.

Donald Trump Jr. has dismissed Mr. Goldstone’s emails as “goosed-up.” Mr. Balber blamed miscommunication among those arranging the meeting. “Mr. Agalarov unequivocally, absolutely, never spoke to Mr. Chaika or his office about these issues,” he said.

October 30: George Papadopoulos plea makes it clear that that Papadopoulos originally lied to the FBI to hide two things: 1) attempts in the weeks and months after March 31, 2016 to set up meetings with Russians, and 2) knowledge that Russians had dirt on Hillary Clinton in the form of thousands of emails. On the same day, Paul Manafort is indicted, raising the possibility he’ll flip on Trump. Also on same day, government informs SDNY that Prevezon has not paid its fine from May settlement, and asks for the case to be reopened.

October 31: Quinn Emanuel, representing Prevezon, asks that Veselnitskaya be given immigration parole for hearing.

November 2: Government objects to Prevezon request for immigration parole for Vesenitskaya, reiterating in the process they had objected to her entry in 2016, but that she got immigration parole in any case, which she used to attend the June 9 meeting.

The Government, however, has previously refused to extend immigration parole to Katsyv and Veselnitskaya during time periods when they were not to be witnesses. In particular, in the spring of 2016, then-counsel for Prevezon asked the Government to consent to parole for Katsyv and Veselnitskaya to prepare for and attend oral arguments in the Second Circuit on Hermitage’s motion to disqualify Prevezon’s counsel. Because there was no testimony to be given at a Second Circuit oral argument, the Government refused to grant parole to Katsyv or Veselnitskaya for that period. See Ex. A (March 9, 2016 letter to John Moscow).1

Subsequently, according to public news reports, Veselnitskaya obtained a visa from the State Department allowing her to enter the United States to attend the oral argument on June 9, 2016, a day on which she also reportedly engaged in a meeting with representatives of the Trump presidential campaign. See Brook Singman, Mystery Solved? Timeline Shows How RussianLawyer Got into U.S. for Trump Jr. Meeting, Fox News (July 14, 2017), available at http://www.foxnews.com/politics/2017/07/14/mystery-solved-timeline-shows-how-russianlawyer-got-into-us-for-trump-jr-meeting.html. This Office had no involvement in the granting of that visa and has no knowledge of whether Veselnitskaya has attempted to obtain another such visa to enter the country for these proceedings.

[snip]

If a testimonial hearing is ultimately required, and if it features Veselnitskaya or Katsyv as witnesses, the Government can revisit its parole determination at that time.2

2 The Government may not, however, again admit Veselnitskaya into the country to assist in witness preparation if she is not herself a witness. Although the Government did so previously, Veselnitskaya’s reported meeting with presidential campaign officials in June of 2016 (of which this Office was not aware prior to its public reporting) or other factors may alter this assessment. In any event, it is premature to reach this issue where no testimonial hearing is currently scheduled, and none is likely ever to be scheduled.

November 3: Judge Pauley denies Prevezon’s bid for immigration parole for Veselnitskaya.

November 6: Bloomberg story for the first time says Don Jr said he might consider lifting Magnitsky sanctions. It also repeats Veselnitskaya’s promise to answer SJC questions if her answers can be made public.

Senator Chuck Grassley, an Iowa Republican who chairs the Senate Judiciary Committee, has sent her more than 90 questions concerning the meeting, asking whether she knows Putin, Manafort and Kushner, and requesting information about Russian hacking and interference, she said. “That I definitely don’t have!” the lawyer said. “I made up my mind a long time ago: My testimony must be honest, full and public.”

Taylor Foy, a Grassley spokesman, said, “We are encouraged that she is planning to cooperate and look forward to receiving the information.” He wouldn’t comment on whether the committee would comply with her request to make her answers public.

November 10-11: Trump and Putin will meet in Danang, Vietnam, purportedly to talk about North Korea.

This feels like a limited hangout

All of which is to say that the efforts of the last month feel like a limited hangout — an attempt to avoid potentially more damaging revelations with new admissions about Magnitsky. That’s not to say the Magnitsky discussion didn’t happen. It’s to say the potential admissions — down to Veselnitskaya’s claim that, “I definitely don’t have!” information on Russian hacking and interference — have gotten far more damaging since when, in July, she claimed the election didn’t come up.

At the very least, it seems the players — particularly the Trump sponsor Agalarovs  are concerned about what Rob Goldstone has had to say to whatever investigative body — and are now trying to cement a different more damning one, yet one that still stops short of what they might admit to.

In either case, another thing seems clear: Veselnitskaya attempted to come to the country, using the same method she did when she actually used her presence to pitch Don Jr. After that meeting was denied, Trump went from suggesting he might meet with Putin to confirming that he plans to.

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