Paul Manafort Knew of His Inclusion in the Black Ledger Two Months before NYT Story

In spite of Fiona Hill’s warnings not to peddle in Russian backed disinformation, the seemingly single frothy right talking point today is to embrace the claim that Ukraine, like Russia, tried to tamper in the 2016 election.

None of them have noted the fact that Paul Manafort confessed that he discussed carving up Ukraine and how to win Michigan in a meeting where he talked about how to get back on the gravy train of Ukrainian oligarchs  Serhiy Lyovochkin and Rinat Akhmetov (as well as Russian oligarch Oleg Deripaska).

Instead, they’ve tried to pitch Ukrainians standing up for the territorial integrity of Ukraine as anti-Trump, in contradiction to Trump’s sworn answers to Robert Mueller. They’ve also accused Republican-paid experts doing open source research on Russian and Ukrainian corruption of being Democratic operatives. In particular, they’ve misrepresented sworn testimony to launch a claim that Sergii Leshchenko was a source for the Steele dossier and/or he said something mean about Paul Manafort, the aforementioned confessed recipient of Ukrainian influence peddling during the 2016 election.

The other day, Leshchenko debunked such claims, in part by noting that the version of the Black Ledger he released had had the Manafort related entries stripped from it.

I published the first portion of the “black ledger” on May 31, 2016. I published 22 pages from the secret manuscript of the Party of Regions, which was sent anonymously to my official email address at the parliament’s domain. The document listed under-the-table cash payments to Ukrainian politicians, lawmakers, judges and members of the Central Election Commission. However, Manafort was not mentioned there. His name was not in the 22 pages I obtained.

I did not have any other pages except for these ones, although I now know it was an excerpt from more than 800 pages that the black ledger contained. Believe me, had Manafort’s name been in the pages I obtained, I would have published it, because I think Manafort helped establish one of the most outrageously corrupt regimes in the world, headed by Yanukovych.

I learned that Manafort was featured in the full version of the black ledger only on Aug. 14, 2016 when the New York Times reported it. The day before, I was contacted by a Times’ journalist and asked if I knew anything about Manafort in Yanukovych’s records. I said I didn’t, and it was true. If I had that information, I would have been the first to publish it.

Four days after the New York Times article, on Aug. 18, 2016, the National Anti-Corruption Bureau of Ukraine, or NABU, officially confirmed that Manafort’s name appeared in the black ledger. According to it, he received cash payments of more than $12.7 million.

That raises the significance of something else Leshchenko notes (but which has largely escaped notice of the press here).

In a February 14, 2018 interview, member of the far right in good standing Steve Bannon told Robert Mueller that Manafort knew the story of his inclusion in the Black Ledger was coming two months before it came out in the NYT. (PDF 112-113)

Bannon told Trump he would take the position as Campaign Chief Executive.

At the time Trump was 16 points down, the campaign had no organization, no money, 75 % of the population thought the country was in decline, they were working with the “deplorables,” and Bannon had a 100% certitude that they would win . Bannon believed the big task was to give people permission to vote for Trump as commander in chief.

The next day Bannon met with Manafort, which was the same time that the news about the “Black Ledger” was breaking. Bannon was at campaign headquarters when Manafort told Bannon to come up to Trump Tower. When Bannon arrived, Manafort showed him something about a NY Times story about the ”Black Ledger” and $15 million dollars from the Ukraine. Bannon asked when t his story was coming out. Manafort replied that he had known about the story coming out for approximately 2 months and had not gotten involved in it. Bannon subsequently told Trump to keep Manafort, to not fire him, and to keep him around for a couple of weeks. Bannon called Kushner, and asked him to get back in order to do something publicity wise to counteract the negative press surrounding the story. Trump had asked Bannon at one time about “what was this thing with Manafort out of the Ukraine,” and they talked for approximately 15 minutes on it . Trump was never linked with other Russian news stories at the time, and he believed Manafort was a promoter . Trump was more worried about how they story made them look . Bannon believed that Trump talked with Manafort about the story.

There are several implications about this story, starting with the fact that Bannon didn’t think the story required Manafort to resign. Importantly, this means Manafort recognized that he would be implicated by the Black Ledger even though his name was not published in what Leshchenko released.

Significantly: If there was an impact by the story breaking in August 2016 — if it did damage to the Trump campaign — Trump has one person to blame for that. Paul Manafort, both because of his real corruption, but also because he didn’t warn the candidate.

Not Sergii Leshchenko. But Paul Manafort.

The same guy who Russian-backed Ukrainians had targeted for influence just 12 days before the story broke.

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Devin Nunes Billed Taxpayers $63,000 for a Jaunt to Europe Chasing Accused Fraudster Lev Parnas’ Disinformation

Betsy Woodruff Swan just put the maraschino cherry on the impeachment sundae with this story describing how Lev Parnas served as tour guide for a trip Devin Nunes, failed NSC staffer Derek Harvey, and two other House Intelligence staffers took to Europe last year.

Lev Parnas, an indicted associate of Rudy Giuliani, helped arrange meetings and calls in Europe for Rep. Devin Nunes in 2018, Parnas’  lawyer Ed MacMahon told The Daily Beast.

Nunes aide Derek Harvey participated in the meetings, the lawyer said, which were arranged to help Nunes’ investigative work. MacMahon didn’t specify what those investigations entailed.

Nunes is the top Republican on the House committee handling the impeachment hearings—hearings where Parnas’s name has repeatedly come up.

Congressional records show Nunes traveled to Europe from Nov. 30 to Dec. 3, 2018. Three of his aides—Harvey, Scott Glabe, and George Pappas—traveled with him, per the records. U.S. government funds paid for the group’s four-day trip, which cost just over $63,000.

The travel came as Nunes, in his role on the House Intelligence Committee, was working to investigate the origins of Special Counsel Robert Mueller’s probe into Russian election meddling.

There’s much that’s crazy about the story: The inclusion of Harvey, a Mike Flynn loyalist who got fired from NSC; the role of Parnas’ lawyer, Ed MacMahon (who seems to be aiming to discomfort as many of the powerful people Parnas interacted with as possible); and the release of this story at the end of a week during which Nunes offered debunked conspiracy after debunked conspiracy in a bid to defend Trump.

But it’s the timing of the trip I find most interesting. While I’m sure Swan has a reason to invoke Nunes’ efforts to undercut Mueller, the trip actually comes long after HPSCI had moved on from trying to confuse about the Russian investigation. The effort had been picked up by a joint House Judiciary/Oversight effort; and even that was largely over by December 2018. Just as interestingly, the trip came after Republicans got shellacked in mid-term elections but before Democrats took over in the House. That is, this seems like a last ditch effort to chase down something that accused fraudster Lev Parnas was dangling in front of easy marks, while Nunes still had unfettered ability to squander taxpayer funds.

Devin Nunes has spent 2.5 years squealing that a respected Russian expert, Christopher Steele, shared information with DOJ with our own experts on organized crime, because that information was paid for by DNC. But he’s now billing taxpayers to chase after disinformation from an obvious grifter.

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Elise Stefanik Makes Case that Don Jr and Eric Trump Must Resign from Trump Organization

The first of today’s two impeachment hearings just finished up. While Adam Schiff and Dan Goldman remained sharp, Steve Castor remained lackadaisical, and Devin Nunes and Jim Jordan remained disgusting, much of the rest of the committee, on both sides, seemed less engaged than in last week’s hearings. Bizarrely, Republicans spent much of the hearing asking witnesses Alexander Vindman and Jennifer Williams — both of whom were direct witnesses to the call to which Republicans want to limit the impeachment inquiry — to provide hearsay testimony about Burisma and Hunter Biden.

The highlight of the hearing came when Vindman, who had been smeared with questionable loyalties leading up and during the hearing, explained that he told his father not to worry about him testifying because, “This is the country I’ve served and defended. That all of my brothers have served. And here, right matters.”

Because of her stunt in last Friday’s hearing, I’m interested in what Elise Stefanik did.

First, she got demoted. Her male colleagues treated her like the junior committee member she is, rather than giving her top billing. That, by itself, made it clear she was used last week as a token.

When it finally came around to her turn three and a half hours into the hearing, she then focused on talking points she has adopted — that under Trump (in part forced by Congress) Ukraine has gotten assistance and continued to work on corruption, no investigation into Joe Biden got started, and the aid ultimately got released.

But as part of that, she walked Vindman through an attack on Burisma, first misquoting him saying that in Ukraine, generally, tax evasion and money laundering are a problem, to apply that to Burisma. She then said,

I know that my constituents in NY-21 have many concerns about the fact that Hunter Biden, the son of the Vice President, sat on the board of a corrupt company like Burisma.

It’s a wonderful sentiment, really, that Congress should dictate what the family members of top officials should do to make money.

But since she has expressed this concern, I assume she feels the same about two other children who occupy top positions in a company with a documented history of facilitating money laundering and credible allegations of tax evasion, particularly given that her own state, New York State, found that these children, Don Jr and Eric Trump, as well as their sister, must be barred from running any charities in the state.

Since Elise Stefanik has stated, in front of the nation, that the children of top government officials must not have leadership positions in corrupt companies with money laundering and tax evasion problems, surely she’ll call for the President’s sons to step down from the family business?

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The Gaping Hole in the Impeachment Investigation Where Bruce Swartz Should Be

In her testimony Friday, Marie Yovanovitch repeatedly said that, if Trump believed that Burisma needed to be investigated, there were official channels to do so.

That’s a part of the impeachment inquiry that hasn’t received enough attention — but is likely to receive a lot more starting tomorrow, when Kurt Volker testifies.

That’s because his story seems to have a big gaping hole where Bruce Swartz, the Deputy Assistant Attorney General for International Affairs, should be.

There’s a subtle detail about the efforts to get Ukraine to investigate the Bidens that needs more attention — and elucidation: a purported effort by Kurt Volker to get Bruce Swartz to officially ask Ukraine to investigate the Bidens. He would have been in the loop in any normal requests between the US and Ukraine.

As Trump’s people were pressuring Ukraine to open up an investigations for Trump, Andriy Yermak deferred by asking for an official request from the US government to open such an investigation. As an experienced diplomat, Kurt Volker proposed doing what should happen next, calling Bruce Swartz to put such investigations into formal channels. But according to him, this inexplicably never happened.

A Hi, did you connect with Andriy? Yeah.

Q And then what did You say?

A Not yet. Will talk with Bill and then call him later today. Want to know our status on asking them to investigate.

Q Okay. What did you mean by “our status on asking them to investigate”?

A Whether we had ever made an official request from the Department of Justice.

Q And then skipping down later, you say: Hi — this is August 17th, 2019, at 3:02 — Hi, I’ve got nothing. Bill — meaning Bill Taylor, correct?

A Yes.

Q Had no info on requesting an investigation. Calling a friend at DOJ, Bruce Schwartz (ph). Who is Bruce Schwartz (ph) ?

A Bruce Schwartz is a senior official in the Department of Justice responsible for international affairs, someone I’ve known for many years.

Q Did you reach out to Mr. Schwartz (ph) about mentioning these investigations or whether — I’m sorry, strike that. Did you reach out to Mr. Schwartz (ph) about whether the U.S. had ever requested an official investigation in Ukraine about these two issues that we’ve been talking about?

A I reached out to him and we did not connect.

Q So you never spoke with Bruce Schwartz (ph) ?

A At this — not at this — not in — well

Q Not in this context?

A Not in this context and not since then.

Q Did you speak with anyone at DOJ about whether the U.S. had requested an official investigation?

A No, I did not. I did ask I did ask our Charge to also check. And I later understood that we never had. And because of that was another factor in my advising the Ukrainians then don’t put it in now.

Q You told the Ukrainians don’t put it in the specific investigation?

A Yes, yes.

Q Did you speak with the Ukrainians about whether or not the U.S. had ever requested an official investigation?

A It came up in this conversation with Andriy about the statement, and he asked whether we ever had. I didn’t know the answer. That’s why I wanted to go back and find out. As I found out the answer that we had not, I said, well, let’s just not go there.

Q So Mr. Yermak wanted to know whether the U.S. DOJ

A Yes.

Q had ever made an official request?

A Yes. He said, I think quite appropriately, that if they are responding to an official request, that’s one thing. If there’s no official request, that’s different. And I agree with that.

Q And then Ambassador Sondland then asked: Do we still want Zelensky to give us an unequivocal draft with 2016 and Burisma?

A Yes.

Q And you responded how?

A I said: That’s the clear message so far.

Q That’s the clear message from whom?

A From Giuliani and what we had discussed with Gordon. That’s the clear message so far .

[snip]

Q And, to your knowledge, there never was an official United States Department of Justice request?

A To my knowledge, there never was. And about this time, I stopped pursuing it as well, because I was becoming now here convinced this is going down the wrong road.

For his part, Bill Taylor opposed even calling Swartz, because it was so improper to ask Ukraine to investigate an American in the first place.

Q There was a reference to reaching out Department. You mentioned Deputy Assistant Attorney General, which I assume is Bruce Swartz.

A It is.

Q Did you ask Ambassador Volker to reach out to Bruce Swartz?

A He volunteered to do that.

Q Okay. And what was the feedback from Swartz?

A I don’t know that they ever connected.

Q Okay. And was there any followup effort to close the loop with the Justice Department?

A No. I thought the whole thing was a bad idea.

Q You thought it was a bad idea to reach out to Bruce Swartz?

A No. I thought the idea of the Americans asking the Ukrainians to investigate a violation of Ukrainian law was a bad idea.

Q Okay

A But Kurt, for some reason, wanted to pursue that. And when he volunteered to take that question to Bruce Swartz, that was fine with me.

Q Okay. I mean, is it possible that Swartz’s feedback on that issue would have been compelling to the group? Like, why didn’t anyone fo1low up with Swartz?

A No idea.

State’s Special Adviser for Ukraine Catherine Croft, in attempt to distance herself from any role in pushing investigations, seems to have filled in a key detail here. Or perhaps created a huge void. She says she did reach out to Swartz. She doesn’t know whether he and Volker connected, but doesn’t think so.

But she thinks that Volker didn’t really want to talk to Swartz.

He wanted to speak with Bill Barr.

A No. No. I had no involvement in anything related to — the one exception is, I did send one email to Bruce Swartz at DOJ relaying Ambassador Volker’s request for a meeting with the Attorney General.

Q Okay.

A And when asked what the topic was, I said 2016 elections.

Q Okay.

A But that’s where my involvement in that ended. I just related that, and then I understood those two to be in contact.

Q Do you know if Ambassador Volker had tried to call Bruce Swartz?

A I believe he did.

Q And do you know if Bruce Swartz replied?

A I don’t know.

Q And he instructed you to email Bruce Swartz to see about the viability of Ambassador Volker meeting with the Attorney General?

A He just sort of gave me a vague direction to get him a meeting with the Attorney General, so that was my job.

Q 0kay. So you emailed Bruce Swartz?

A Yes.

Q Did you call Bruce Swartz?

A No, I don’t think so. I think I just — I think I just emailed him.

Q Did he email you back?

A Yes. And then I put him in touch with Kurt and then I was out of the —

Q You put him in touch with who?

A With Ambassador Volker.

Q And did they having a meeting?

A I don’t know.

Q So you don’t know —

A I don’t think so. I don’t think. But not that I’m aware of. [my emphasis]

This should raise all sorts of questions. Because if Volker — by whatever means — bypassed Swartz and instead made the request of Barr, then it would make Barr (yet again) more central to this story. And it might explain how all his narrow denials (he never spoke to Ukraine directly, he never made a request of Ukraine directly, but nevertheless some Ukrainian “volunteers” bearing “evidence” did get to John Durham can be true.

Moreover, it would be consistent with what Barr was doing in the same time period, flying around the world asking foreign countries to invent dirt on Democrats.

There’s a reason this request never got to Bruce Swartz. And that goes to the core of the impropriety of this ask.

And there’s an enormous irony (or one might say, a hypocrisy) about this.

Along the frothy right’s complaints about the contacts that Russian organized crime expert Christopher Steele had with organized crime experts at DOJ like Bruce Ohr, they’ve also complained that Ohr passed Steele’s information (almost certainly pertaining to Paul Manafort) onto other organized crime experts.

Including Bruce Swartz. Here’s John Solomon’s version. Kimberley Strassel’s. Sara Carter’s. Mollie Hemingway’s. And Fox News.

In short, a key complaint about Christopher Steele’s sharing of information is that the ways it got shared at DOJ include the experts and official channels who should handle such things.

Precisely the opposite has occurred with Bill Barr’s witch hunt. And yet none of the frothy right are complaining that Bill Barr’s investigation doesn’t meet the standards that Christopher Steele’s did.

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The Conflict between the GOP’s “Hearsay” and “Whistleblower” Defenses

Sometimes Byron York is useful because he clarifies just how stupid and contradictory right wing talking points are.

Today, he claims that, for both the Russian investigation and impeachment, Democrats don’t want anyone to know how the investigation started.

Should the whistleblower have connections to prominent Democrats, exposure of his identity could be embarrassing to the party. And perhaps most of all, reading through the impeachment inquiry depositions that have been released so far, it’s clear that cutting off questions that could possibly relate to the whistleblower has also allowed Democrats to shut off any look at how the Trump-Ukraine investigation started. Who was involved? What actions did they take? Why did some government employees think President Trump’s July 25 call to Ukrainian President Volodymyr Zelensky represented a lost opportunity, or poor judgment, while others thought it represented wrongdoing requiring congressional investigation?

Democrats do not want the public to know. And in that, their position is familiar to anyone who has watched Washington for the last two years: The Democrats’ determination to cut off questions about the origins of the Trump-Ukraine investigation is strikingly similar to their determination to cut off questions about the origins of the Trump-Russia investigation. In both cases, they fought hard to keep secret the origins of investigations that have shaken the nation, deeply divided the electorate, and affected the future of the presidency.

Regarding the Russian investigation, Byron (like most denialists) can’t seem to get his head around the fact that a crime happened — a hostile foreign government hacked political targets — and the FBI started to investigate. They honestly appear to believe the FBI should not investigate hacks, generally, or maybe just not those attributed in real time to hostile foreign actors.

But the claim is even stupider with regards to the impeachment inquiry for reasons laid out right there in the middle of his argument.

It’s not the whistleblower who responded to the July 25 call with shaking anger. It’s not the whistleblower who recognized it was so incriminating, the call record had to be censored and hidden on a Top Secret server.

The people who started the investigation that led to impeachment were all on the July 25 call. Republicans suspect that Alexander Vindman was one of them; they suspect that he was the person who went, “visibly shaken,” and shared details about a ‘crazy,’ ‘frightening’ and ‘completely lacking in substance related to national security'” call with  a colleague who then wrote up his concerns rather than just sharing them with John Eisenberg, who was finding several ways to bury the damning report. But the whistleblower complaint itself describes that “multiple White House officials with direct knowledge of the call” shared their impression of it with the whistleblower. We know, for example, that Mike Pence aide Jennifer Williams agreed with Vindman.

Even Tim Morrison, a fire-breathing Republican who claims he doesn’t think Trump committed a crime, recognized the call was problematic.

Mike Pompeo, the Secretary of State, responded to publicity about the call by lying about being on it, then refusing to testify about it, which isn’t exactly a sign that he thinks it’s a “perfect” call.

This investigation could not have been “started” by the whistleblower, contrary to what dullards like Byron claim, for the same reason they complain that George Kent and Bill Taylor and Marie Yovanovtich weren’t appropriate witnesses because they weren’t on that call. That’s because the whistleblower wasn’t on the call. Someone — multiple people, as it turned out — had to share details of the call with him before he put all the other dots together in his complaint.

Mind you, the claim of hearsay is false, as all the witnesses have direct knowledge of the wider operation to extort Ukraine. In the case of the whistleblower, for example, Republicans continue to falsely claim he had no direct knowledge of these matters; his description of the July 18 call where OMB announced a hold on aid is not cited to other people.

Still, it’s the larger point that Byron helpfully demonstrates is so stupid. It cannot be true that we need to learn about the whistleblower to understand how all this started and also be true that the whistleblower’s view is meaningless because he was operating exclusively from hearsay. The claim itself underscores that multiple people on the call itself objected when they heard the president extort a foreign leader.

But something more basic is true: This investigation started because the president extorted a foreign leader while a dozen witnesses were listening.

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Jim Jordan Accuses Trump of Lying to Mueller in Latest Defense against Impeachment

Among the efforts Republicans employed to excuse the President’s inexcusable behavior in yesterday’s impeachment hearing, they tried to lay out reasons why Trump could legitimately think Ukraine was out to get him. Among the things Steve Castor laid out includes an op-ed Ukraine’s then Ambassador to the US Valeriy Chaly placed in the Hill in early August 2016, laying out how outrageous it was that Trump had recently suggested he would entertain recognizing Russia’s annexation of Crimea.

“Can you see how the simple fact of writing an op-ed, the Ukrainian Ambassador to the US might create a perception that there are elements of the Ukrainian establishment were advocating against then-candidate Trump,” GOP counsel Steve Castor asked about an op-ed in which Ukraine’s Ambassador defended the territorial integrity of his country and invoked resolutions where the US had committed to do so too. “That’s a tremendously sensitive issue in Ukraine,” Marie Yovanovitch explained, as if it weren’t evident.

In spite of how obvious that explanation for the op-ed is, Jim Jordan nevertheless returned to this attack, claiming that the op-ed was an example of an Ambassador trying to influence a host country election and suggesting Yovanovitch was negligent in not telling Ukraine to stop defending its territorial integrity. (Jordan also lobbed the Nellie Ohr attack that even Devin Nunes seems to have recognized constituted an attack on an experienced organized crime researcher being paid by GOP billionaire Paul Singer.)

Republicans are not outraged by John Solomon’s hit job in the Hill targeting an Ambassador who has served presidents of both parties, they’re not outraged that Mike Flynn was writing an op-ed to be placed in the Hill that was paid for by the Turkish state even while getting Top Secret briefings with Trump as candidate.

They are, however, outraged that a Hill op-ed by Ukraine’s Ambassador to the US points out that America has made past commitments to protect Ukraine’s territorial integrity.

But there’s something still crazier about this line of defense.

Chaly’s op-ed could only be viewed as an attack on Trump if he did, in fact, advocate recognizing Russia’s annexation of Crimea. Otherwise, the op-ed would simply be a matter of policy, as Yovanovitch patiently explained to Castor.

And it turns out that Trump has represented, in an answer submitted under oath to Robert Mueller, that he had no policy stance on Crimea. Mueller asked whether the very comments that the Chaly op-ed addressed represented an intention to recognize Russia’s annexation of Crimea.

On July 27, 2016, in response to a question about whether you would recognize Crimea as Russian territory and lift sanctions on Russia, you said: “We’ ll be looking at that. Yeah, we’ll be looking.” Did you intend to communicate by that statement or at any other time during the campaign a willingness to lift sanctions and/or recognize Russia’s annexation of Crimea if you were elected?

1. What consideration did you give to lifting sanctions and/or recognizing Russia’s annexation of Crimea if you were elected? Describe who you spoke with about this topic, when, the substance of the discussion(s).

And while this answer was the most unresponsive among a slew of unresponsive answers, Trump nevertheless stated, under oath, that his statement did not amount to a policy position.

My statement did not communicate any position.

Republicans can’t have this both ways. The only way this op-ed could be an attack on Trump is if Trump really was supporting annexation of Crimea. He may well have been — except he has stated, under oath, that he was not.

Treating this op-ed as an attack on Trump, then, is also an accusation that Trump lied in his sworn answers to Mueller.

Why is Jim Jordan defending President Trump against impeachment by accusing him of lying under oath?

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Hours after Donald Trump Witness Tampered in Real Time, Roger Stone Found Guilty of the Same Crime

In the middle of today’s impeachment testimony from Marie Yovanovitch Trump lost control of his emotions and attacked the witness.

Adam Schiff interrupted committee counsel Dan Goldman’s questioning, read Yovanovitch the tweet, and asked her how it made her feel.

Yovanovitch said it made her feel intimidated.

Schiff, a former federal prosecutor, knows how to substantiate a witness tampering charge. Even Bret Baier recognized this as such.

During the break in Yovanovitch’s testimony, the jury in Roger Stone’s trial came back with a verdict. They found him guilty on all seven counts. That includes a witness tampering charge for Stone’s efforts to dissuade Randy Credico from testifying before the House Intelligence Committee, the very same committee leading this impeachment hearing.

The courts are just now imposing consequences for Trump’s efforts to cheat to win the 2016 election, even as he attempts to prevent the one court that can try him for imposing consequences for cheating to win the 2020 election.

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Devin Nunes Calls an Experienced Organized Crime Researcher Funded by Paul Singer a Democratic Operative

There’s a key part of Devin Nunes and Mark Meadows’ defense of the President yesterday that deserves far more attention, both for the way it distorts the factual record and how it suggests that simply being an expert on Russian and Ukrainian organized crime makes one a Democratic operative.

At issue is their bid to make the impeachment inquiry about Nellie Ohr, whom they’ve past falsely suggested had a role in mainlining the Steele dossier into DOJ and FBI. They’ve brought Nellie, the spouse of a key DOJ expert on organized crime, Bruce Ohr, back into their narrative by claiming she testified to Congress that Fusion GPS relied on Ukrainian sources. The idea is that Ohr’s testimony would prove that Trump had good reason to think Ukraine had it in for him in 2016, so could rightly ask Ukraine to investigate whether that amounted to tampering in the election.

Here’s how Nunes laid it out in his demand that Ohr be called to testify:

Nellie Ohr, former contractor for opposition research firm Fusion GPS. In a 2018 interview with the House Judiciary and Oversight Committees, Ms. Ohr stated that, during her work with Fusion GPS that ultimately assisted in the production of the Steele dossier–comprising false allegations against then-candidate Trump–Fusion GPS used information from sources in Ukraine, including Serhiy Leshchenko who recently lost his post from the Ukrainian parliament. Given President Trump’s documented belief that the Ukrainian government meddled in the 2016 election to oppose his candidacy, which forms the basis for a reasonable desire for Ukraine to investigate the circumstances surrounding the election and any potential Ukrainian involvement, Ms. Ohr is a prime fact witness who can assist Congress and the American public in better understanding the facts and circumstances surrounding Ukrainian involvement in the 2016 election.

In his demand, Nunes helpfully provides a footnote, to make it easy to see how many errors he makes in this paragraph. Here’s the passage of Ohr’s testimony before Congress that, Nunes falsely claims, backs his insinuations that Ohr tampered in the 2016 campaign.

GOP counsel Ryan Breitenbach is questioning her.

Q Was there indication from [her boss at Fusion GPS, Jake] Berkowitz or [Glenn] Simpson that they had any inside information as to whether there were suspicious connections with any of President Trump’s orbit of individuals including his family?

A What do you mean by “inside information”?

Q I would say any information that they specifically gave you, in terms of your employment with Fusion GPS, that would indicate that there were some level of connections with President Trump’s family and Russia?

A They would give me leads based on their open-source research and, you know, legal documents and other things.

Q Did they ever indicate that any of their leads were based off of sources of theirs?

A I don’t remember get- — regarding the Trump family, no.

Q Regarding any of the research during this year, 10-, 11-month period, was any — was any research based off of sources of theirs that you were aware of?

A Yes.

Q And who were the sources?

A I recall a — they were mentioning someone named Serhiy Leshchenko, a Ukrainian.

Q And did they give you any indication as to Leshchenko’s connections with them, how they got to know him? Were they doing work for him?

A With Fusion GPS?

Q Correct.

A I am not aware of how they

Q Were you aware of how they had a connection with him?

A I am not aware.

Q But you were aware that he was a source of information that was leading to information that they had, that they were then presenting to you as reasons for following up on opposition research or what research —

A Yes.

Q — that is, on President Trump or his family?

A My understanding is that some — yes. And — yes, it was not necessarily on his family that Leshchenko’s research was on.

Q Are you aware of what his research, or what his source information included?

A His source information, I am not aware.

Q You are just aware that he was a source of —

A Yes.

Q — Glenn Simpson? Or was it a source of Mr. Berkowitz? Or both?

A I am not aware of a differentiation between them. Just a source for Fusion GPS.

Q That is one source. Were there any other sources that you were aware of?

A I don’t think so. I don’t recall that there were.

Q And were you aware of Mr. Leshchenko prior to him being mentioned to you as a potential source of their information?

A Yes.

Q In what way?

A He is very well-known, Ukrainian, anti-corruption activist. So I had read about him in the press.

Q Had you studied him before?

A What do you mean by “studied”?

Q Performed independent research for any prior employer.

A No. I followed him in the — you know, if I saw him mentioned in the press, I read — I read about it.

Q And previous to this particular incoming knowledge from Mr. Simpson or just from Fusion GPS, were you aware of any connections between Mr. Leshchenko — am I saying that name, by the way?

A Yes.

Q — Mr. Leshchenko and President Trump, or anyone in President Trump’s familial orbit or even friendly orbit?

A I was unaware of any connections before that. [my emphasis]

Before this colloquy, Ohr had already testified that she had “no reason to believe” that her work was integrated into the Steele dossier at all. Democratic staffers walked her through passage after passage in the Steele dossier and asked her if her work had provided background for it, which she said it did not. She also had already explained (to both Jim Jordan and Mark Meadows in separate interactions directly) that she, “did online open source research using Russian sources, media, social media, government, you know, business registers, legal databases, all kinds of things.” Ohr’s testimony was backed by Glenn Simpson’s earlier appearances before Congress — including an appearance before HPSCI that Nunes attended; Simpson also said his own research was based off open source research.

Moreover, both the reports Nellie did (PDF 216 to 299) and a table she put together on Trump and his flunkies’ ties to suspect Russians show that the bulk of her research for Fusion preceded the time when Christopher Steele was working on the dossier. Significantly, that means much of Nellie Ohr’s work was paid by GOP billionaire Paul Singer, not the DNC.

So in this passage, Nellie Ohr is talking leads she got from her boss at Fusion, Jake Berkowitz, based off open source research he had done, that she would use to do more open source research, for a project mostly paid for by a Republican billionaire interested in the ties between Trump and Russian organized crime.

And what the passage shows is that:

  • Ohr said the information from Berkowitz came from open source reporting
  • She described herself getting information on Serhiy Leshchenko’s efforts, because he was a very well-known anti-corruption activist who was covered in the press
  • She twice said she was not aware of how Berkowitz and Simpson got their information from Leshchenko
  • She also said she didn’t know where Leshchenko got his information
  • Ohr said that Leshchenko’s reporting wasn’t focused on the Trump family (it almost certainly was focused on Paul Manafort, about whom Ohr wrote a detailed timeline)

In short, the transcript Nunes says supports a demand that Ohr testify does no such thing. Instead, it shows that this side of Fusion’s work relied on open source reporting, and that information on Leshchenko’s efforts was available via open sources. It also shows that Ohr repeatedly denied knowing whether the Fusion focus on Leshchenko was based on anything but open source reporting.

This transcript also shows that if Republicans really wanted to know about how Leshchenko’s work informed Fusion’s work, they should ask Simpson or Berkowitz to testify, because Ohr was only ever working from open sources — that is, doing research, mostly paid for by a Republican billionaire.

That background is all critically important for how Nunes ended yesterday’s testimony. In his closing statement at the hearing, Nunes restated his demand that Schiff permit Republicans to call their chosen witnesses, which he listed as:

  • The whistleblower
  • The folks that he spoke to
  • Numerous Democratic operatives who worked with Ukraine to meddle in the election

Obviously, Nellie Ohr — an experienced researcher on Ukrainian and Russian organized crime — must fall into the latter category.

So on top of all the ways Nunes misrepresented the Ohr’s testimony (or her ability to testify on the issues he claims to want to hear), there’s this. The Ranking Member of the House Intelligence Committee, Devin Nunes, believes that an expert on Ukrainian and Russian organized crime being paid to do open source research by a Republican billionaire must be a Democratic operative.

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Time to Start Calling Bill Barr “Prosecutor General”

At its core, the Ukraine story is about Rudy Giuliani’s effort to remake the United States in Ukraine’s image.

He’s doing that in two related ways. First, he’s trying to discredit the very notion of investigating a billionaire politician for using his position for personal profit. And, he’s trying to legitimize the selection of top law enforcement officers in a given country based on whether they investigate the political opponents of said billionaire politician.

It’s a two-fold strategy to embrace kleptocracy.

Which is why it’s so interesting that, yesterday, Barr responded to a question about Rudy’s alleged crimes by refusing to comment on “the shenanigans” “going on inside the Beltway.”

Curiously, WaPo’s Matt Zaptosky didn’t reveal that he asked this question, rather than asking Barr about his own obstruction of the investigation into the whistleblower complaint. In many ways, Barr’s activities are even more inappropriate, and it’s time DOJ beat reporters started reporting on that fact.

Rudy and Barr are simply mirror images at this point, both engaged in efforts to turn law enforcement into the tool of one or more corrupt oligarchs. And in his response, Barr suggests that the locus of activity in question is not Madrid or Vienna or the Trump International or any other location where Rudy has held meetings in the service of turning law enforcement into a political tool, but the Beltway, where impeachment is happening.

Which is why I think it’s time to stop calling Barr the “Attorney General of the United States,” and instead, to start calling him the “Prosecutor General,” the term Ukraine uses to refer to the series of prosecutors Ukraine has had who serve the interests of corruption and self-dealing rather than serve law enforcement. After all, Barr was the oligarch-President’s hand-picked choice to come in and not just thwart investigations into the President’s own self-dealing but also to launch investigations into anyone who challenges the President.

Sure, Barr might still believe he’s doing this in the name of corruption. But that’s only true because in the echo chamber he occupies, daring to investigate organized crime amounts to corruption.

As AG, Barr is no better than the corrupt prosecutors that the US has long lectured other countries about. And as such, we should start referring to him using the title he has earned, Prosecutor General.

Update: Zapotosky reported on a question some other reporter (whom he doesn’t credit) asked at that event.

Attorney General William P. Barr said Wednesday that he did not remember President Trump ever asking him to hold a news conference declaring the commander in chief broke no laws in a controversial phone call with the leader of Ukraine, but he acknowledged discussions with the White House on how his department would communicate to the media about the matter.

At an event in Memphis about a Justice Department crackdown on gun violence, a reporter inquired, “Mr. Attorney General, did the president ask you to publicly defend him regarding the Ukrainian call, and if so, why did you not want to do that?”

“If you’re talking about press reports that he asked me to have a news conference, the fact is, I don’t remember any such request,” Barr said. “In fact, my recollection is that I told the White House that we would do what we would normally do, and that is issue a press statement, which we did, and that was not an issue. There was no pushback on that.”

This is basically confirmation that he provided what the White House asked — an exoneration — but that he delegated the actual statement.

Again, it is impossible for DOJ to have done any of the connect-the-dots investigation mandated by post-9/11 reforms. So this is not just confirmation that Barr acceded to the White House request for some kind of exoneration, but also that he responded directly to the White House in whitewashing that investigation.

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It Doesn’t Matter for Prosecutors’ Case that Randy Credico Was Bragging or (Purportedly) Drunk

Some reporters appear to be getting their understanding of the Roger Stone trial from Stone’s defense attorneys rather than from actually reading the indictment and the trial exhibits, because they report as truth that it will harm prosecutors’ case if Credico can be shown to be drunk or bragging when he suggested to Stone he had ties to Julian Assange. Here’s the NYT:

Complicating the prosecution’s case, both men appear to have repeatedly lied to and about each other. And both appear to have exaggerated their connections with WikiLeaks, either privately or publicly.

Mr. Credico testified that many of his claims regarding WikiLeaks amounted to “braggadocio” and that he repeatedly overstated his access to Mr. Assange partly as a way to “one-up” Mr. Stone.

While it is true that Stone’s lawyers are arguing that poor little Roger with the Nixon-tattoo Stone got lied to by both Credico and Jerome Corsi, that defense doesn’t actually exonerate Stone of the charges against him (which is noteworthy in and of itself). Stone is not accused of having a back channel to WikiLeaks, which claims about Credico’s credibility might undermine; he’s accused of lying about his claims about having one and who that is. Most notably, Stone is accused of lying about how he communicated with his claimed back channel(s), and no attacks on Credico can make the abundant correspondence between Stone and Credico disappear.

Consider the evidence presented to prove that Stone lied just last week, on top of what was already referenced in the indictment (which I laid out here).

1. STONE testified falsely that he did not have emails with third parties about Assange, and that he did not have any documents, emails, or text messages that refer to Assange.

In addition to having Credico and Steve Bannon introduce their own emails (and texts in the case of Credico) that mention Assange, FBI Agent Michelle Taylor introduced the Erik Prince texts described in the indictment that reference Assange (and confirm that those texts were with Prince), as well as an October 3, 2016 Stone email to Prince stating that he, “Spoke to my friend in London last night. The payload is still coming.”

2. STONE testified falsely that his August 2016 references to being in contact with the head of WikiLeaks were references to communications with a single “go-between,” “mutual friend,” and “intermediary,” who STONE identified as Credico.

As noted, the only evidence that Credico and Stone spoke about Assange post-dates the days in early August when Stone claimed to have an intermediary. Multiple comms from Credico show him pointing that out to Stone over and over and over (once even before the election and more explicitly in early 2017): he couldn’t be Stone’s intermediary because all their discussions of Assange post-date Stone’s claims to having an intermediary. Indeed, Credico and Stone even spoke about Stone’s intermediary when Stone appeared on Credico’s show on August 23, 2016.

To disprove that Credico could not be his intermediary, Stone would need to introduce evidence he and Credico talked about WikiLeaks before that. All Stone offered to disprove that were some Credico tweets from 2016 dated June 17, July 22, and July 24, none of which were addressed to Stone and only the first of which addresses upcoming email drops.

In addition, the government introduced communications that make it clear Stone was aware of Corsi’s import before he testified. For example, on March 24, 2017, Stone sent Corsi and Gloria Borger his attorneys’ letter to HPSCI stating he was “anxious to redress the false and misleading way he has been portrayed by some on the Permanent Select Committee.” That letter got sent one day after Corsi had posted the cover story he and Stone started working on the previous year.

Further, one of the most damning exhibits introduced last week shows that on October 19, 2017, Stone forwarded Credico an email from his attorney, Grant Smith, with the subject line “Credico Paragraph.” The email purported to share the paragraphs in an October 13, 2017 letter to HPSCI naming Credico as Stone’s source. But the version Smith sent to Stone which got forwarded to Credico materially differs from the one sent to HPSCI, in part by offering a half paragraph of complimentary language on Stone’s relationship with Credico that wasn’t actually included in the letter to HPSCI.

But it also includes this paragraph:

Mr. Stone noticed Credico had traveled to London on at least two occasions and conducted two landmark interviews with Julian Assange on WBAI. To be absolutely clear, Credico was only asked to confirm for Mr. Stone that the postings and interviews by Assange in which he claimed to have the Clinton data ,both of June 21 [sic], were accurate. Mr. Credico never said he knew or had any information as to source or content of the material. Mr. Credico never said he had confirmed this information with Mr. Assange himself. Mr. Stone knew Credico had his own sources within WikiLeaks and is credible. Mr. Stone concedes that describing Credico as a go-between or intermediary is a bit of salesmanship for his InfoWars audience but the confirmation by Credico turned out to be 100 % accurate. [emphasis original]

The unitaliczed text does show up in a form in Stone’s letter, albeit phrased in a way to downplay any potential request from Stone. But the italicized language does not show up in Stone’s letter. It’s effectively a script for Credico, one that might placate Credico’s concerns about Stone overstating his knowledge, but one that was false on its face.

3. STONE testified falsely that he did not ask the person he referred to as his “go-between,” “mutual friend,” and “intermediary,” to communicate anything to the head of Organization 1 and did not ask the intermediary to do anything on STONE’s behalf.

As I noted in this post, there are emails showing Stone requested both Corsi and Credico do things with regards to Assange. Two emails introduced last week prove that Stone knew he had such emails. On April 3, 2018, Stone’s lawyer Grant Smith wrote Stone cc’ing Corsi stating, “At Roger’s request, I attach the only 2 emails on the subject between the two of you.” That wasn’t true: An August 15, 2016 Corsi email stating, “More to come than anyone realizes,” is almost certainly also a reference to stolen emails.

Tellingly, the very next day, April 4, 2018, Stone sent Credico an email saying, “Everything I know about the WikiLeaks disclosures I heard from you and can prove it.”

More damning still, on March 10, 2018, Stone forwarded Credico the thread of emails, dating from September 2016, in which he requested that Credico ask Assange if he had emails on Libya. The thread includes Credico claiming, “I asked one of [Assange’s] lawyers,” a reference to Margaret Ratner Kunstler. Stone sent it as a threat — and indeed, his threats to attack Kunstler were probably among the most effective Stone used with Credico, per Credico’s testimony. But by sending it (this time not even involving his lawyers), Stone proved that he knew of the request he made of Credico in September 2016, and knew he had communications reflecting the request.

4. STONE testified falsely that he and the person he referred to as his “go-between,” “mutual friend,” and “intermediary” did not communicate via text message or email about WikiLeaks.

As the above shows, Stone not only did communicate extensively with Credico — his claimed intermediary — via text and email, but he was aware of it. Likewise, he was aware that he had communicated via email, the intermediary the government suggests he was trying to hide, with Corsi.

5. STONE testified falsely that he had never discussed his conversations with the person he referred to as his “go-between,” “mutual friend,” and “intermediary” with anyone involved in the Trump Campaign.

Ultimately, the government argues that this trial is going to be about Stone trying to hide how damning all this is for Trump, and it’s in Stone’s communications with the campaign that are most damning. Stone already proved he knew of the Bannon email introduced at trial last week when he shared it after Bannon went to the NYT. Much of the rest of the proof of this will show up in this week’s testimony, not least from Rick Gates.

Which is why Stone’s current defense story is so interesting: because it highlights that Stone continues to lie to cover up the Trump campaign’s knowledge of all this. By suggesting that Stone believed Corsi was also an intermediary for him, Stone’s lawyers are basically pleading guilty to several of the false statements charges against Stone — lies 1 through 4 as numbered here — as part of his defense! Effectively, this is not a defense to the charges against Stone. It is, instead, a new lie, meant to deny what he did not in his HPSCI testimony, that he had an intermediary, as a retreat position on his larger lie, that Trump didn’t know about any of this.

That Stone is still obstructing that fact is made all the more clear by two other exhibits introduced last week.

First, the government introduced the letter by which Stone cleaned up his lie denying speaking to any Russians. On June 15, 2018, after Michael Caputo described his testimony with Mueller’s team, Stone’s lawyer, Grant Smith, sent a letter to Devin Nunes admitting he and Stone entertained Henry Greenberg’s (whom Caputo correctly introduced to him as a Russian) offer of dirt on Hillary, only to say Stone and Trump wouldn’t spend money for such things.

Smith sent another letter on December 20, 2018, in which he asserted that, “Mr. Stone’s testimony provided during the interview was forthcoming, truthful, and wholly consistent with his many detailed public statements on the matters being investigated.” In other words, as recently as December of last year, Smith reaffirmed that Stone’s claims to have one intermediary who was Credico remained the operative story.

Given that Stone cleaned up the Greenberg story, it raises real questions why, at a time when Stone knew people had testified against him and after months during which emails proving Stone’s lies about having communications about Assange were lies had been aired publicly, Stone didn’t clean up his intermediary story in the December letter by saying what his attorneys are now arguing in court, that an epic rat-fucker was duped by a comedian and a hoaxster. That would have saved him a year of legal fees and a significantly diminished ability to work.

But it would have served to acknowledge that Corsi was an interlocutor before Robert Mueller closed up shop.

Update, 2/17/20: Fixed date on Credico email.

As I disclosed last year, I provided information to the FBI on issues related to the Mueller investigation, so I’m going to include disclosure statements on Mueller investigation posts from here on out. I will include the disclosure whether or not the stuff I shared with the FBI pertains to the subject of the post. 

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