Peter Baker Discovers that Russia Sows Partisan Antagonism and Then Helps Them Do So!

I laughed yesterday when Peter Baker tweeted about how “striking” it is that Vladimir Putin is adopting Trump’s perceived enemies as his own.

But then Baker wrote up his laughably naive observation into a NYT story.

Baker, you’ll recall, is one of NYT’s crack journalists who buried Trump’s admission that he had spoken to Putin about adoptions before writing a false explanation about the June 9, 2016 Trump Tower meeting emphasizing adoptions. Baker and Maggie Haberman chose instead to emphasize Trump’s scripted attack on Jeff Sessions. The Mueller Report showed that NYT’s willingness to dumbly repeat Trump’s script proved even more useful to Trump’s efforts to undermine the Rule of Law than his covert effort to get Corey Lewandowski to ferry orders to Jeff Sessions.

And here we are, almost five years later, and Baker still naively plays into obvious Russian efforts to sow division in the US, in significant part by playing to Trump’s narcissism and the feral loyalty of Trump’s supporters, to say nothing of playing up racial division. Baker picks out three names from among 500 newly added to Russian sanctions: Tish James, Brad Raffensperger, and Michael Byrd, the Black cop who prevented Ashli Babbitt from breaching the hallway through which Members of Congress were fleeing by shooting her.

Among the 500 people singled out for travel and financial restrictions on Friday were Americans seen as adversaries by Mr. Trump, including Letitia James, the state attorney general of New York who has investigated and sued him. Brad Raffensperger, the secretary of state of Georgia who rebuffed Mr. Trump’s pressure to reverse the outcome of the 2020 election, also made the list. And Lt. Michael Byrd, the Capitol Police officer who shot the pro-Trump rioter Ashli Babbitt on Jan. 6, 2021, was another notable name.

Reviewed more broadly, however, the sanctions were an attack on US Rule of Law generally, or certainly the notion that Trump’s people should be subject to it. They include the current or former Attorneys General of California, Colorado, Connecticut, Delaware, Illinois, Maryland, Minnesota, Nevada, New Hampshire, New Mexico, New York, Oklahoma, Oregon, Rhode Island, Vermont, Virginia, Washington, Washington, DC, Wisconsin. Aside from former Oklahoma AG John O’Connor, which may be a mistake, it almost seems like they worked from an outdated membership list from the Democratic Attorneys General Association. Though for some reason, Putin missed Michigan’s Attorney General Dana Nessel, maybe because she’s a badass lesbian who makes Putin afraid.

The sanctions list does include every US Attorney who has presided over the January 6 investigation.

  • Michael Sherwin (who as Acting US Attorney in DC oversaw the beginning of the January 6 investigation)
  • Channing Phillips (who, as Acting US Attorney for DC in 2021 oversaw the early parts of the January 6 investigation)
  • Michael Graves (currently US Attorney for DC overseeing the January 6 investigation)
  • Jack Smith (Special Counsel)

But it also includes other senior legal officials, some of whom have gotten more attention for investigating Russia than Trump.

The inclusion of Kohler, who played a key role in the Trump stolen documents case but who also presided over the Charles McGonigal and other Oleg Deripaska cases that came through SDNY, is particularly notable. This is, in significant part, an attempt to suggest that if either Russia or Trump is held accountable legally, it will harm Russia. It is a transparent effort — no different than dozens of similar efforts going back to 2016, and to the extent that this plays to racism, goes back a half century — to lead Trump supporters to believe their interests are more aligned with Putin’s than those of the United States, or at least the United States when led by Joe Biden.

In addition to Brad Raffensperger, Putin also included Mark Esper, who got fired as Defense Secretary because he undercut Trump’s authority to attack the US government by invoking the insurrection act.

A broad swathe of the list includes members of NGOs, particularly those NGOs that fascists are attempting to discredit with claims that attempts to combat disinformation equate to censorship. Nina Jankewicz got sanctioned in her own right.

Of two members of the Open Society Fund, Leonard Benardo is included; his name may become prominent if John Durham’s abusive attempt to investigate Benardo, which may be detailed in the classified section of the Durham Report, begins to leak.

Along with all those defenders of truth and justice, Putin included Stephen Colbert and Heather Cox Richardson.

Again, this is a transparent effort, one that continues past efforts that extend to sheltering members of the far right and stoking US racism, to supplant the allegiance of Trump’s supporters to the United States with an affiliation, through Trump, to Russia. Trump’s narcissism might lead him to magnify these sanctions. His campaign advisors likely will try to prevent that.

But Putin won’t need to rely on Trump to magnify this statement of a shared allegiance.

He has Peter Baker for that.

Baker somehow could not distinguish language as transparent truth from language as an attempt to manipulate, and so stated as fact that “Trump’s perceived enemies” are Putin’s own. Aside from the law enforcement officials who’ve targeted both Russian hackers and Trump, they’re not. Rather, this is an attempt — an utterly transparent one!! — to make Trump’s followers believe that, and so regard Russia more favorably.

Because Baker thought his banal observation about these sanctions was worth a story in the NYT, he called up the Russian Foreign Ministry for comment. That’s how the claim that the people who attacked democracy on January 6 are simply dissidents got inserted into the NYT.

None of those three has anything to do with Russia policy and the only reason they would have come to Moscow’s attention is because Mr. Trump has publicly assailed them. The Russian Foreign Ministry offered no specific explanation for why they would be included on the list but did say that among its targets were “those in government and law enforcement agencies who are directly involved in the persecution of dissidents in the wake of the so-called storming of the Capitol.”

You got played, Peter Baker, into serving as a mouthpiece for Russian propaganda.

You got played into contributing to Russia’s efforts to undermine US democracy.

Rudy’s Very Bad Week

Three things happened with Rudy Giuliani’s legal woes this week that could have larger repercussions.

As the Philly Inquirer reported, Bruce Castor, the sole noticed attorney in one of the voter fraud lawsuits against Rudy from 2020, asked to be relieved. The Inky lays out how people close to Trump asked Castor to sponsor Joseph Sibley Pro Hac Vice into Philadelphia, only to have Sibley refuse to sign something and then back out of the case, leaving Castor holding the bag. Castor complains that he hasn’t gotten paid and hasn’t gotten Rudy to cooperate at all on discovery.

But a more interesting detail may be that some unnamed lawyer recently contacted Castor to inform him he would pay for the representation, but would do nothing to secure cooperation from Rudy.

23. A lawyer, previously unknown to Petitioner, wrote to Petitioner portraying that he represented Mr. Giuliani, and Petitioner immediately inquired in a response writing when this lawyer would be assuming responsibility for defending the present case.

24. Instead, the lawyer wrote Petitioner that he would be coordinating funding for Defendants, that payment would be forthcoming, but that Defendants expected Petitioner to conduct their defense.

[snip]

26. Petitioner advised the lawyer, who contacted him to relate that funding for the Defendants was forthcoming, of the motion to compel discovery, and pleaded with him to solicit substantive cooperation from Defendants (since this lawyer evidently was in contact with Defendants), in addition to simply the payment of Petitioners’ fees. Petitioner also continued to contact Defendants directly to keep them informed of developments, such as the motion to compel, further demands for payment of the retainer, and to seek cooperation in the discovery process. Petitioner unequivocally threatened both the newly revealed lawyer who was promising funding, and Defendants that he would file the instant motion to withdraw if Defendants failed to comply with Petitioner’s demands by a certain deadline.  [emphasis original]

This is a plea by Castor not to have to represent an uncooperative defendant for free. But it also reads like a plea by Castor not to force him to risk his legal reputation in a situation where shady lawyers call up out of the blue and promise to pay respectable lawyers to stall a case.

Sibley, the guy who was supposed to represent this case in Philly and who also represented Christina Bobb before the January 6 Committee, remains Rudy’s lawyer of record in Ruby Freeman’s lawsuit in DC, which I wrote about here. Depending on your vantage point, it either seems that Sibley is having as much trouble as Castor is getting Rudy’s cooperation, or that the lawyer has successfully stonewalled discovery so as to avoid increasing Rudy’s criminal liability.

I should say, had successfully stonewalled.

Yesterday, Judge Beryl Howell issued an order requiring certain cooperation from Rudy, including that he list all his devices, social media accounts, and financial assets on which he allegedly defamed Freeman and her daughter, Shaye Moss, with deadlines attached.

MINUTE ORDER (paperless): Upon consideration of plaintiffs’ [44] Motion to Compel Discovery, For Attorneys’ Fees and Costs, and For Sanctions (“Motion”), defendant’s [51] Response to Plaintiffs’ Motion to Compel, plaintiffs’ [56] Reply in Support of Plaintiffs’ Motion, and the parties’ representations to the Court in the proceedings held on May 19, 2023 regarding plaintiffs’ Motion, GRANTING plaintiffs’ Motion in part, and RERSERVING [sic] ruling in part.

Specifically, plaintiffs’ Motion is GRANTED as follows:

1) by May 30, 2023, defendant Rudolph W. Giuliani shall file a declaration, subject to penalty of perjury, that details:

a) All efforts taken to preserve, collect, and search potentially responsive data and locations that may contain responsive materials to all of plaintiffs’ Requests for Production (RFP);

b) A complete list of all “locations and data” that defendant used to communicate about any materials responsive to any of Plaintiffs’ RFPs (including, but not limited to, specific email accounts, text messaging platforms, other messaging applications, social media, devices, hardware, and any form of communication);

c) The specific “data” located in the TrustPoint database, including–

i) a list identifying the source devices from which the data was extracted or obtained;

ii) for each such device, the type of device (i.e., iPhone, Macbook, laptop, iPad, etc.) and user, if known;

iii) a list identifying any social media accounts, messaging applications, and email accounts from which the data was extracted or obtained; and

iv) for each such account and application, the account name and user; and

d) What searches, if any, have occurred as to both categories (b) and (c), see Plaintiffs’ [44-16] Proposed Order Granting Plaintiffs’ Motion; and

2) By May 30, 2023, in order to evaluate defendant’s claim of an inability to afford the cost of access to, and search of, the TrustPoint dataset or to use a professional vendor, either to access the original electronic devices seized from defendant by the Federal Bureau of Investigation in April 2021 and returned to defendant, or, alternatively, to conduct a search of the archived TrustPoint dataset, defendant is DIRECTED to produce to plaintiffs:

a) full and complete responses to plaintiffs’ requests for financial information in RFP Nos. 40 and 41; and

b) documentation to support his estimated costs for further searches on the TrustPoint dataset.

3) By June 16, 2023, plaintiffs are DIRECTED to submit to the Court an assessment of defendant’s ability to bear the cost of further searches, along with any response to defendant’s submission required under paragraph 1, above; and

4) By June 30, 2023, defendant shall file any response to plaintiffs’ submission required under paragraph 3, above.

The Court RESERVES ruling on the remainder of plaintiffs’ relief, pending the parties’ compliance with directions set out in paragraphs 1) through 4), above. Signed by Judge Beryl A. Howell on May 19, 2023.

In two weeks, if and when Rudy continues to stonewall, then Judge Howell will start imposing penalties on him.

The 3-hour hearing that led to this order was as interesting for the insane comments Rudy made outside the courthouse as anything else. The guy who helped Trump attempt a coup complained that he is being persecuted by fascists. And he claimed that he faces no legal risk from either the Jack Smith investigation or the Fani Willis one, in the latter of which he was already specifically named as a target.

Outside the courthouse following the hearing, Giuliani said he hadn’t received any communication from Justice Department Special Counsel Jack Smith’s office and wasn’t worried about federal charges since he cooperated with investigators immediately after the Jan. 6, 2021, attack on the US Capitol.

Asked if he had any pending federal grand jury subpoenas, he replied, “not that I know of.”

Regarding a separate probe into efforts by former President Donald Trump and allies to overturn Georgia’s 2020 election results by the Fulton County district attorney’s office, Giuliani said he wasn’t worried because he was serving as an attorney at the time. Last summer, his lawyer confirmed that they’d received notice Giuliani was a target of that probe.

He said on Friday that he hadn’t heard anything from that office since he appeared before a special investigative grand jury in August 2022; District Attorney Fani Willis recently indicated that charges could come later this summer.

Sure, Pops. A judge found crime-fraud exception over a year ago, and you’re in no danger because you’re a lawyer.

Side note: I find it interesting that Robert Costello, who represented Rudy in the Ukraine investigation and before the January 6 Committee and who was involved in the “Hunter Biden” “laptop” caper, has not sued Rudy for payment. He did sue Bannon, for what must be far less unpaid work. Maybe some shady lawyer showed up and found a way to pay Costello too?

Finally, against the background of 1) the lawsuits that Rudy appears to be attempting to stonewall for free, 2) the twin criminal investigations that are expected to start issuing indictments no later than August, and 3) Trump’s attempt to win the presidency again, a former Rudy associate, Noelle Dunphy, filed a lawsuit against Rudy for sexual assault and harassment and unpaid labor going back to 2019.

This lawsuit is — and it is designed to be — eye-popping, alleging lots of drunken coerced sex, some bigotry and kink caught on tape, as well as allegations that implicate Trump just in time for campaign season.

Just as one example, Dunphy makes an allegation that exactly matches a John Kiriakou claim about Rudy selling pardons for $2 million, but unlike some of her other allegations, she doesn’t claim to have proof.

132. He also asked Ms. Dunphy if she knew anyone in need of a pardon, telling her that he was selling pardons for $2 million, which he and President Trump would split. He told Ms. Dunphy that she could refer individuals seeking pardons to him, so long as they did not go through “the normal channels” of the Office of the Pardon Attorney, because correspondence going to that office would be subject to disclosure under the Freedom of Information Act.

And the allegation is not tied, in any way, to the complaints in the lawsuit. But it is one thing that has ensured the lawsuit will attract a lot of attention.

I’m sure many of the claims made in this suit are true, but packaged up as it is, it feels too convenient, just like the “Hunter Biden” “laptop.”

What makes that analogy even more apt, in my own humble opinion, is that the period during which Dunphy most credibly claims to have had damaging contact with Rudy largely overlaps with the period in which Rudy was hunting dirt in Ukraine to help Trump win the presidency, from January 21 through November 2019. She claims to have reviewed his interview with Viktor Shokin as well as his plan to accuse Marie Yovanovitch of corruption. Throughout that period, she claims have been involved in the shady pitches he received. One of those pitches — one she recorded! — involved a $72 billion gas deal in China.

See what I mean about how it feels like the “Hunter Biden” “laptop”?

Meanwhile, she suggests she’s a first-hand witness to matters that were part of the Ukraine investigation into Rudy, and that Rudy coached her to obstruct justice. She says she and Rudy discussed whether he had an obligation to register under FARA — and as proof, she included a photo from a February 9, 2019 meeting with Lev Parnas.

A week later, she claims, after reviewing the emails he had exchanged with various Ukrainian officials, she offered to file a FARA registration for Rudy, but he declined because, he said, he had immunity.

Perhaps most incredible, she claimed that in June and July of 2019, the guy who had just spent a year helping Trump dodge obstruction of justice charges, “asked Ms. Dunphy for help Googling information about obstruction of justice, among other topics.” I don’t doubt that that search exists in her Google account, but I do question whether it got there in the way she describes.

That same period, she claims, is when he first instructed her not to talk to the FBI about him — at a time when the investigation into Parnas and Igor Fruman was not yet public.

Dunphy claims that on October 22, 2019 — after the arrest of Parnas and Fruman but at a time when (at least according to SDNY’s subsequent claims) the investigation into Rudy was not overt — the FBI called and asked for an interview.

209. On October 22, 2019, Ms. Dunphy received a voicemail from the FBI regarding an investigation they were conducting into Giuliani. The FBI was apparently aware that she was working for Giuliani and sought to interview her. The FBI was clear that Ms. Dunphy was considered a witness and was not a target of the investigation.

Nowhere in this 70-page lawsuit does Dunphy say whether she ever was interviewed about all the things she witnessed firsthand when Rudy was soliciting dirt from Ukraine. She does say that within a month, on a day when the FBI showed up in person seeking an interview, Rudy promised to put her on his payroll, seemingly tying that payment to her willingness to claim she didn’t know who he was.

210. On November 19, 2019, Ms. Dunphy went to Giuliani’s home office, and they spoke. Giuliani promised Ms. Dunphy that he would officially put Ms. Dunphy on the books and would “straighten it [i.e., her employment situation] out.” Giuliani and Ms. Dunphy discussed Giuliani’s increasing legal concerns, including his fear that Lev Parnas was “turning on him” in connection with the FBI investigation. Ms. Dunphy told him that the FBI had come to her family’s home in Florida that day seeking to question her. Giuliani informed Ms. Dunphy that his friend and private detective, Bo Dietl, had already told him the specific FBI agents who were involved. Ms. Dunphy was concerned that Giuliani was apparently so powerful that his investigators had secret information, including the names of the FBI agents who had just appeared at her family’s Florida home. Giuliani demanded that Ms. Dunphy not talk to or cooperate with the FBI. Giuliani told Ms. Dunphy that they are all “after him” and that one or two of them are “going to get totally destroyed.” This situation made Ms. Dunphy confused and fearful, and added another layer of tension to a work environment that was already outrageously hostile.13

13 From this point on, Giuliani often spoke to Ms. Dunphy about he FBI’s investigation of him, and Ms. Dunphy understood that participating in these discussions was part of her work for him. He told her that if the FBI sought to interview her, she should “not remember” anything, and should claim that she did not know Giuliani. Ms. Dunphy refused to agree to lie to the FBI, which angered Giuliani.

It’s certainly possible that Bill Barr’s very active obstruction of the investigation at that point — an effort to stave off impeachment, though Dunphy doesn’t mention impeachment — led the FBI to decide not to interview her. But that wouldn’t explain why the FBI wouldn’t interview her in 2021, when the investigation did become overt.

At one level, this lawsuit seems more like an offer to testify to the FBI at a time (have I mentioned there’s an election coming up?) when the statutes of limitation still have a year before they expire.

At another, it’s an implicit threat.

Close to the beginning of the lawsuit, Dunphy reveals that — whether because he thought it’d be a good idea or because he got really drunk and did something stupid — Rudy accessed his work email account from her computer, giving her access to a his email correspondence with a whole lot of corrupt people.

93. Therefore, Giuliani added one of his work email accounts into Ms. Dunphy’s email program on her computer, typing his password onto her computer.

94. Once Giuliani’s email account was loaded onto Ms. Dunphy’s computer, at least 23,000 emails associated with the account, including many from before her employment with Giuliani, were stored on her computer.

95. Since Giuliani gave Ms. Dunphy access to his email account, she had access to information that was, upon information and belief, privileged, confidential, and highly sensitive.

96. For example, Ms. Dunphy was given access to emails from, to, or concerning President Trump, the Trump family (including emails from Donald Trump, Jr., Ivanka Trump, and Eric Trump), Trump’s son-in-law Jared Kushner, former FBI director Louis Freeh, Trump lawyer Jay Sekulow, Secretaries of State, former aides to President Trump such as Steve Bannon, Reince Priebus, and Kellyanne Conway, former Attorneys General Michael Mukasey and Jeff Sessions, media figures such as Rupert Murdoch, Sean Hannity, and Tucker Carlson, and other notable figures including Newt Gingrich, presidential candidates for Ukraine, President Recep Tayyip Erdogan of Turkey, the Ailes family, the LeFrak family, Bernard Kerik, Igor Fruman, Lev Parnas, and attorneys Marc Mukasey, Robert Costello, Victoria Toensing, Fred Fielding, and Joe DeGenova.

97. Ms. Dunphy understood that she was given access to these emails because she was employed by Giuliani and the Giuliani Companies. Indeed, although Giuliani and his surrogates have argued that Ms. Dunphy was not an employee of Giuliani or the Giuliani Companies, it is impossible to understand Giuliani’s decision to give Ms. Dunphy complete access to (and copies of) these sensitive emails in any other context.

98. As a lawyer, Giuliani sent and received emails containing privileged information that could not legally be shared with Ms. Dunphy if she were not an employee or consultant. Likewise, Giuliani’s business often involved highly confidential information, and upon information and belief, there were confidentiality and nondisclosure agreements governing access to some of this information. Upon information and belief, those agreements barred Giuliani from sharing covered confidential information with someone who was not an employee or consultant.

99. Giuliani never asked Ms. Dunphy to sign a non-disclosure or confidentiality agreement.

Dunphy suggests she continued to have access to Rudy’s emails and his social media accounts — the very same social media accounts he is trying to hide from Ruby Freeman — through January 31, 2021.

And, as she notes, Rudy never asked Dunphy to sign a non-disclosure agreement about all this.

The FBI may be seeking this information. Several plaintiffs, including Freeman, definitely are (Dunphy also helpfully includes a summary of the property he owns, including five homes). And nothing prevents her from sharing it with them unless Rudy retroactively claims she was an employee, covered by non-disclosure obligations, through this entire period, with the $2 million payment she claims he promised her to go along with that nondisclosure agreement.

Not just Rudy — but also the entire Trump family (have I mentioned there’s an election coming up?), Rupert Murdoch and some of his star current and former employees, as well as a bunch of lawyers who’ve been involved in some shady shit — all of them have an incentive to retroactively make her status as an employee official, so that she won’t release these communications.

Many of these very same emails would have been unavailable to the FBI under a privilege claim, but unless Dunphy is an employee, then she can hand them over because Rudy waived privilege over them. I can’t decide whether I’m more interested in seeing the emails that might show Jay Sekulow alerted Trump to the false claims that were made on his behalf during the Russian investigation, or the ones that show Hannity was about to board a plane to meet with a mobbed up Russian asset in support of Trump’s 2020 election bid. But if I know of specific emails I’d like to see, then the people named in paragraph 96 surely do as well.

And that, I think, is the point — perhaps a bid to invite some unnamed lawyer to call her, too, to say he can fund certain things.

But such an unnamed lawyer will need to get there before Ruby Freeman does.

DOJ Arrests Enrique Tarrio’s Cop Buddy, Shane Lamond

On Friday, DOJ arrested the DC police lieutenant, Shane Lamond, whom Enrique Tarrio repeatedly used during trial in an attempt to claim he had cooperated with police and therefore hadn’t planned a seditious attack on the Capitol.

The indictment charges Lamond with one count of obstructing the investigation into the Proud Boys’ burning of the Black Lives Matter flag in December 2020, and three counts of lying in an June 2, 2021 interview when he claimed:

  • Lamond’s relationship consisted of just receiving tips from Tarrio instead of him providing confidential information to him
  • He never tipped Tarrio off to details of the BLM investigation
  • He didn’t provide Tarrio advance notice of the warrant for his arrest obtained on December 30, 2020

The case is largely built off Telegram communications obtained from Tarrio’s seized phone (which, remember, took a year to exploit, in part because Tarrio had good security for it).

One of the eye-popping details in the indictment is that of 147 Telegram texts Lamond and Tarrio exchanged between December 18 (when Tarrio took the blame for burning the BLM flag — though he’s not actually the one who burned it) and January 4, when he was arrested, 101 of their Telegram messages were auto-destructed.

Between December 18, 2020, and through at least January 4, 2021, LAMOND and Tarrio used Telegram to exchange approximately 145 messages using the secret chat function, utilizing end-to-end encryption and self-destruct timers. At least 101 of these messages were destroyed.

DOJ established what these texts said in significant part based on what Tarrio then told others about his communications with Lamond.

The case is largely built off the Telegram messages that would have been found on Tarrio’s phone when it was seized in January 4.

But not entirely.

Paragraphs 53 to 64 rely on Telegram texts sent after Tarrio’s arrest — and so must come from some other phone (possibly the one he borrowed after his arrest). They substantially pertain to January 6. I believe the March 16 grand jury that returned the indictment is the one that has been focused on January 6 cases.

That section includes language establishing that the investigation into the Proud Boys continues and Lamond knew of the investigation into the Proud Boys by January 7.

56. By January 7, 2021, LAMOND was aware of the Federal Investigation.

57. As part of the Federal Investigation, beginning on January 6, 2021, and continuing to the present, the FBI and USAO investigated and continue to investigate Tarrio’s, the Proud Boys”, and their associates’ participation in and planning for the January 6 Attack.

This is the kind of language that DOJ would use to lay out obstruction of a second investigation, the January 6 one. Given that the investigation is ongoing, it could put Lamond on the hook for ongoing obstruction of the investigation.

Yet they didn’t charge him for that, even though they describe that he told a lie about tipping off Tarrio to details about the January 6 investigation, in addition to tipping him off about the BLM investigation.

71. During the interview, LAMOND misleadingly stated that he had “one or two” conversations with Tarrio on January 6, 2021, or the day after, and that Tarrio had told LAMOND that Tarrio believed he could have stopped the January 6 Attack.

72. LAMOND did not disclose that Tarrio had identified to LAMOND an associate who was present at the U.S. Capitol on January 6 or that Tarrio had previously made comments about attending events in Washington, D.C. on January 6.

With no additional work, DOJ could charge Lamond with this lie too, and with it, obstructing a second investigation.

In other words, this looks like an opening gambit, one that invites Lamond to start cooperating in the January 6 investigation or risk being added to a conspiracy with a guy who just got convicted of sedition.

I’ve argued for years that a number of other investigative steps in the January 6 investigation were awaiting the Proud Boys trial and verdict.

Lamond’s prosecution is one of those things. And this indictment was structured to be an investigative indictment.

Update: Here’s a list of all the people IDed in this indictment.

Person 1: Someone whom Tarrio told on December 30, 2020, that, per his “contact,” the DA of DC had not yet signed his arrest warrant.

Person 2: Someone on MOSD who asked if Tarrio’s arrest would happen on January 6. (This should be available in the threads released at trial).

Person 3: An official with the Capitol Police Department whom Lamond likened hate crimes with political crimes.

Person 4: Another personal contact of Tarrio’s, he explained on January 1 that “he says that he doesn’t think they’re going to sign off on it.”

Person 5: Possibly a girlfriend of Tarrio’s. After he tells the person, “warrant was just signed,” she says, “Babe :/”

Person 6: Almost certainly Alex Jones, Lamond describes that it’s “fucking bad when Person 6 was the voice of reason and they wouldn’t listen to him.” Lamond parrots Jones’ cover story.

Person 7: After MD cops visited her house on January 6, Tarrio asked Lamond if she was on the suspect list.

The Media’s Past Indifference to Trump’s Past Abuse of Pardons Invites Him To Do It Again

It took former Reagan and Poppy appointee Wayne Beyer to raise the subject of pardons as the very first question at CNN’s Town Hall on Wednesday.

[Wayne] BEYER: My question to you is: will you pardon the January 6th rioters who were convicted of federal offenses?

TRUMP: I am inclined to pardon many of them. I can’t say for every single one because a couple of them, probably, they got out of control.

But, you know, when you look at Antifa, what they’ve done to Portland, and if you look at Antifa, look at what they’ve done to Minneapolis and so many other – so many other places, look at what they did to Seattle. And BLM – BLM, many people were killed.

These people – I’m not trying to justify anything, but you have two standards of justice in this country, and what they’ve done – and I love that question because what they’ve done to see many people is nothing – nothing. And then what they’ve done to these people, they’ve persecuted these people.

And yeah, my answer is I am most likely – if I get in, I will most likely – I would say it will be a large portion of them. You know, they did a very –

And it’ll be very early on. And they’re living in hell right now.

Given his legal focus on police misconduct and sometime membership in a GOP lawyers association, Beyer may have been teeing Trump up to promise to pardon the men and women who attacked the Capitol on January 6 and might have assassinated Mike Pence. Given his background, this feels like a scripted question, designed to provide Trump an opportunity to promise those facing prosecution (including some lawyers!) to remain loyal to Trump.

In response, Kaitlin Collins attempted to point out Trump’s hypocrisy by raising one of the several cops and former cops who rioted on January 6, to say nothing of the former and active duty service men and women who participated in the attack (she was probably alluding to Thomas Webster, the most celebrated of the former cops charged with assaults, but he is not the only one). That only teed up another opportunity for Trump to undermine the rule of law in the US.

COLLINS: So when it comes to pardons –

TRUMP: They’re living in hell, and they’re policemen, and they’re firemen, and they’re soldiers, and they’re carpenters and electricians and they’re great people. Many of them are just great people.

COLLINS: Mr. President, one of the people who was convicted was a former policeman but he was convicted of attacking a police officer, I should note.

But when you said you are considering pardoning a large portion of those charged with crimes on January 6th, does that include the four Proud Boys members who were charged and convicted of seditious conspiracy?

TRUMP: I don’t know. I’ll have to look at their case, but I will say in Washington, D.C., you cannot get a fair trial, you cannot. Just like in New York City, you can’t get a fair trial either.

Collins made no mention — none — about Trump’s past pardons. She let one of the most unprecedented abuses committed during Trump’s first term, his pardons for those who lied to protect him, go unmentioned even when discussing a topic directly on point.

She’s not alone in her silence. Six months after Trump announced he was running, I’m aware of no deep dive on Trump’s abuse of the pardon power in his first term, not even the pardons that were — as a mass pardon of January 6 convicts would be — pardons of criminals whose crimes served his own power.

Take Paul Manafort. Whatever you imagine the Mueller Report says, whether or not you’ve read the far more damning Senate Intelligence Committee Report, it is a fact that Trump pardoned his way out of legal trouble with Manafort.

After entering into a plea deal in September 2018 that averted a damaging trial during the 2018 pre-election period, Manafort immediately changed his testimony on several key subjects. Judge Amy Berman Jackson ultimately ruled that his changed testimony amounted to lies that breached his plea agreement. She ruled that Manafort lied about three topics, one of which was what happened during an August 2, 2016 meeting with Konstantin Kilimnik at which:

  • Manafort explained how the campaign planned to win the swing states where Trump would eventually win the election
  • Kilimnik discussed how Manafort could get millions in payments from his Ukrainian paymasters and $19 million in disputed funds forgiven with Oleg Deripaska
  • Kilimnik recruited Manafort’s involvement in a plan to carve up Ukraine very similar to the plan Russia pursued until they invaded last February

Had Manafort not entered the plea deal he abrogated within hours, weeks of pre-election coverage would have focused on Manafort’s FARA trial, the proof that Manafort had worked for pro-Russian Ukrainians and then lied to cover it up. Such a trial might have led to even greater Republicans losses in the November 2018 elections.

On the other hand, had Manafort cooperated in good faith, Mueller would have had three witnesses to the meeting, days after the conventions, where Manafort took steps — either wittingly or unwittingly — that provided someone who played a key role in the Russian interference operation with inside information about the Trump campaign.

Instead, Manafort forestalled the trial and undermined any value that his damning testimony (including that Roger Stone had pre-knowledge that WikiLeaks would release John Podesta emails) would have.

And after Manafort lied to cover up what really happened at that meeting and thereby faced a stiffer sentence, Trump pardoned his former campaign manager. In the process, Trump — who has bitched about the cost of the Mueller investigation — reversed the forfeitures that would have contributed to the expense of investigating Manafort’s crimes.

Intelligence judgments since make the meeting even more damning. In June 2020, the FBI offered a $250,000 reward for information leading to Kilimnik’s arrest. The Senate Intelligence Committee Report included two redacted sections (one, two) describing evidence that Kilimnik may have been more closely tied the hack-and-leak activities.

An April 2021 sanctions report stated as fact that Kilimnik had shared campaign information with Russian intelligence.

Konstantin Kilimnik (Kilimnik) is a Russian and Ukrainian political consultant and known Russian Intelligence Services agent implementing influence operations on their behalf. During the 2016 U.S. presidential election campaign, Kilimnik provided the Russian Intelligence Services with sensitive information on polling and campaign strategy. Additionally, Kilimnik sought to promote the narrative that Ukraine, not Russia, had interfered in the 2016 U.S. presidential election. In 2018, Kilimnik was indicted on charges of obstruction of justice and conspiracy to obstruct justice regarding unregistered lobbying work. Kilimnik has also sought to assist designated former President of Ukraine Viktor Yanukovych. At Yanukovych’s direction, Kilimnik sought to institute a plan that would return Yanukovych to power in Ukraine.

Kilimnik was designated pursuant to E.O. 13848 for having engaged in foreign interference in the U.S. 2020 presidential election. [my emphasis]

The declassified intelligence report on the 2020 election (which was declassified in March 2021 but completed in classified form on January 7, 2021, before Trump left office) described that Kilimnik continued to interfere in US elections in 2020.

A network of Ukraine-linked individuals— including Russian influence agent Konstantin Kilimnik—who were also connected to the Russian Federal Security Service (FSB) took steps throughout the election cycle to damage US ties to Ukraine, denigrate President Biden and his candidacy, and benefit former President Trump’s prospects for reelection. We assess this network also sought to discredit the Obama administration by emphasizing accusations of corruption by US officials, and to falsely blame Ukraine for interfering in the 2016 US presidential election.

Derkach, Kilimnik, and their associates sought to use prominent US persons and media conduits to launder their narratives to US officials and audiences. These Russian proxies met with and provided materials to Trump administration-linked US persons to advocate for formal investigations; hired a US firm to petition US officials; and attempted to make contact with several senior US officials. They also made contact with established US media figures and helped produce a documentary that aired on a US television network in late January 2020.

In other words, the tie to Kilimnik ended up being far more damaging than imagined at the time of the Mueller Report, but by the time voters learned it, Trump had already bought Manafort’s silence with a pardon, one that because it reversed the forfeiture, ended up being worth millions to Trump’s former Campaign Manager.

Though the evidence is sketchier, Trump may have pardoned his way out of even worse Russian trouble with Roger Stone. A jury found that Trump’s rat-fucker lied to cover up the true means by which he learned that WikiLeaks would release files from John Podesta (Manafort and Gates both testified that he did get advance knowledge). As Stone was about to report to prison, Stone did a series of appearances where he specified the number of calls Stone had with Trump during 2016 that (Stone claimed, unreliably) prosecutors had asked him about, a list of calls that may have come from a notebook of such contacts prosecutors hoped to find in the search of Stone’s properties. And amid Stone’s claims to have refused to tell prosecutors about the substance of dozens of contacts he had with Trump during 2016, Trump first commuted Stone’s sentence and then — the same day as Manafort — pardoned him.

Importantly, within days of getting that full pardon, Stone met with Trump to thank him for that pardon. At what was likely the same meeting, they talked about January 6, including Trump speaking; the meeting immediately preceded the White House’s shift on making that speech happen. Prosecutors have tied a January 3 appearance Stone did with the Proud Boys with efforts some of those Proud Boys made days later to prevent the vote certification.

Which leads to the most remarkable unremarked pardon of one of Trump’s co-conspirators, that of Steve Bannon.

Bannon did not get pardoned, directly, for lying to cover up what went on in 2016 (indeed, Bannon’s testimony helped to convict Stone).

Rather, as one of his last acts as President, Trump pardoned Bannon for defrauding Trump voters, to the tune of millions, using Trump’s image to do that.

Several of Bannon’s victims testified about believing they were investing in Trump’s wall at his co-conspirator Timothy Shea’s trial. Public school teacher Nicole Keller described investing because border security was so important to her late border patrol agent spouse.

Q. Why did you decide to donate to We Build the Wall? A. My late husband was a border patrol agent. We lived at the southern border in the Rio Grand Valley from 1998 through fall of 2007. Border security is something that is very — was very important to him. He dedicated his career to it. At that point in time, I was a teacher at the southern border. I taught sixth grade and high school science. And we believed that the southern border should be secure, just like the door to our house. It’s not that we’re trying to keep people out; it’s just making sure when someone comes in to our home or residence, we know who they are and what business that they might have at our house.

William Ward, a veteran and retired Washington State Medicare fraud administrator, described contributing because he didn’t believe Congress was doing enough to build Trump’s wall.

Q. Why did you decide to make that donation to We Build the Wall?

A. It was symbolic on my part more than anything else, that I thought if there were a whole lot of people that donated that way, that it might draw some attention to what I think is a difficulty along our Southern Border.

Q. Why do you think there’s a difficulty along the Southern Border? Explain what you mean by that, please.

A. Well, it’s a personal view, but I’m not sure that Congress has done what they should in passing laws that have sort of gotten out of date with the truth on the ground now, for a couple of decades, and that I think that’s where it should start. It should be a congressional thing.

Both described feeling cheated when they discovered their donations were being misused. Keller:

Q. Did there come a time when you became concerned that We Build the Wall wasn’t using donors’ money properly?

A. There did, yes.

Q. Why did you become concerned about that?

A. Again, it was something that was being talked about on news websites.

Q. And when you saw news that caused you concern, what, if anything, did you do about it?

A. I went to the GoFundMe website and tried to get my money back. Mr. Kolfage had implied that if I did not — if the monies were not used as they could be, that we would get our money back.

Q. Were you able to get your money back?

A. I was not, no.

Q. Why did you want your money back?

A. I was insulted that somebody had taken what should be a position of honor and valor, being injured for their country, and, instead, used it to defraud me.

And Ward:

Q. Did there come a time when you became concerned that We Build the Wall wasn’t using donated money in the right way?

A. Yes, there was.

Q. Why did you become concerned about that?

A. The — again, going through a news feed at breakfast every morning, I saw something that there was an investigation of misuse of the funds.

Q. When you saw that, what, if anything, did you do?

A. I got a hold of the GoFundMe page to see if I could recover my donation.

Q. Were you able to get your donation back?

A. No, I was not.

Q. Why did you want your money back?

A. I just felt I’d been cheated.

A restitution filing ordered the defendants to pay over $25 million to their victims.

Bannon cheated people who believed in Trump and his goddamn wall. And Trump pardoned him for it. And Kaitlan Collins didn’t think it worth mentioning to an audience of potential Trump supporters.

Trump obviously didn’t find the charges themselves faulty; he didn’t pardon Bannon’s co-conspirators. They were just sentenced — to three to four-plus years in prison — for the fraud they perpetrated against Trump supporters. And while Dustin Stockton’s testimony to the January 6 Committee has proven unreliable, he and Jennifer Lawrence claimed they were floated pardons in conjunction with their involvement with planning January 6.

The full story of why Trump pardoned Bannon in one of his last acts as President has not been — may never be — told. But there’s no way to regard a pardon for defrauding Trump supporters outside the context of Bannon’s involvement in Trump’s efforts to overturn the election. And, particularly given the absence of any defect in the charges themselves — given that Trump didn’t pardon all the Build the Wall fraudsters — it’s impossible to understand Bannon’s pardon as anything but payback.

And yet, when Kaitlin Collins talked about how horrible it would be if Trump started pardoning everyone else who helped Trump attack Congress, she treated as if it would be an unprecedented abuse. She did so even though she made that tie herself in breaking the story of the Bannon pardon.

Bannon’s pardon would follow a frantic scramble during the President’s final hours in office as attorneys and top aides debated his inclusion on Trump’s outgoing clemency list. Despite their falling out in recent years, Trump was eager to pardon his former aide after recently reconnecting with him as he helped fan Trump’s conspiracy theories about the election.

[snip]

Things shifted in recent months as Bannon attempted to breach Trump’s inner circle once again by offering advice before the election and pushing his false theories after Trump had lost.

One concern that had stalled debate over the pardon was Bannon’s possible connection to the riot of Trump supporters at the US Capitol earlier this month, a source familiar with the discussions told CNN.

“All hell is going to break loose tomorrow,” Bannon promised listeners of his podcast – “War Room” – on January 5, the day before the deadly siege on the Capitol.

[snip]

While some advisers believed it was decided last weekend that Bannon was not getting a pardon, Trump continued to raise it into Tuesday night. Throughout the day, Trump had continued to contemplate pardons that aides believed were settled, including for his former strategist – something he continued to go back and forth on into Tuesday night, sources told CNN.

Ultimately, Trump sided with Bannon.

It would be the exact same thing Trump did in the wake of the November 2020 election, at a time he thought he would face no consequences for such an abuse of the pardon power.

Trump waited to pardon those who had protected him until after voters weighed in. He waited, because he knew that making these pardons before an election would harm his chances of getting elected.

And yet no one — not even Collins, when discussing pardons in the direct context of the next election — could be bothered to mention how abusive were Trump’s past pardons.

Of course Trump will pardon January 6 criminals if he wins in 2024, Kaitlan! Why wouldn’t he?!?! You let him blather on for an hour, even discussed future pardons with him, with not a single mention of his past abuses.

Three Things: Turf’s Up

[NB: check the byline, thanks. Some of this content may be speculative. /~Rayne]

Last week Thursday, LIV Golf was mentioned in The New York Time’s article, Justice Dept. Intensifying Efforts to Determine if Trump Hid Documents. It’s the new professional golf tour funded by the Kingdom of Saudi Arabia’s sovereign wealth fund, the Public Investment Fund.

We’ve had a little fun with the new LIV Golf tour and the game of golf in comments. We should spend a little more time on this subject if Special Counsel Jack Smith thought Trump’s LIV-related business was subpoena worthy. Three Trump golf courses — Trump National-Bedminster NJ, Trump National-Sterling VA, Trump National-Doral FL — will host three of LIV Golf tour’s 14 events this season. Trump’s Bedminster and Doral courses hosted LIV during its inaugural season.

For those who are unfamiliar with the history of LIV Golf, here’s a timeline of its history along with some key points in U.S.-Saudi and Saudi-tangential events.

1994 — Aussie pro golfer Greg Norman tried to establish an alternative tour competing with the PGA with financial assist from Rupert Murdoch.

The idea of a breakaway circuit from the PGA Tour is far from a novel idea; the PGA Tour itself came to pass after players split from the PGA of America in 1967 to form the Tournament Players Division. More recently, former World No. 1 Greg Norman and media tycoon Rupert Murdoch attempted to create a “World Golf Tour” in the mid-1990s featuring the top players competing in an eight-event series. A television contract with Murdoch’s Fox Sports was even secured. But the endeavor was squashed as then-PGA Tour Commissioner Tim Finchem flexed both the tour’s legal chops and standing in the game. Other iterations of a world tour have come and gone without much fanfare.

November 2016 — U.S. general election won by Donald Trump, Republicans take Congress.

February 3, 2017 — Using the Congressional Review Act to fast track their effort, Senate passes a joint resolution already approved by the house, disproving the Securities and Exchange Commission’s Rule 13q-1, which implemented Section 1504 of the Dodd-Frank Wall Street Reform and Consumer Protection Act.

Section 1504 and SEC rule 13q-1 enacted the U.S.’ participation in the EITI’s anti-corruption effort.

February 13, 2017 — Trump signed the disproving resolution. (Probably just another coincidence that Michael Flynn resigned this day as National Security Adviser.)

September 2017 — Saudi journalist Jamal Khashoggi became a columnist for the Washington Post.

October 25, 2017 — Jared Kushner departed for an unpublicized meeting with government officials in Saudi Arabia.

October 25, 2017 — Treasury Secretary Steve Mnuchin and Undersecretary for Terrorism and Financial Intelligence Sigal Mandelker traveled separately from Kushner to participate in bilateral discussions, which included the memorandum of understanding with the Terrorist Financing Targeting Center (TFTC). The U.S. and Saudi Arabia chair the TFTC while Gulf States form its membership.

October 30, 2017 — Jared Kushner met with Crown Prince Mohammed bin Salman, discussing strategy until 4:00 am. News reports didn’t indicate when exactly Kushner arrived or when discussions began. (Paul Manafort, Rick Gates, George Papadopolous were indicted this day, but not Kushner; good thing “excellent guy” Papadopolous as a former Trump campaign “energy and oil consultant” wasn’t involved in Kushner’s work with Saudi Arabia, that we knew of at that time.)

November 4, 2017 — At 7:49 am EDT, Trump tweeted,

“Would very much appreciate Saudi Arabia doing their IPO of Aramco with the New York Stock Exchange. Important to the United States!”

November 4, 2017 — (approximately 5:00 pm EDT, midnight Riyadh local time) At least 10 Saudi princes and dozens of government ministers were arrested and detained under what has been reported as an anti-corruption initiative. Prince Alwaleed Bin Talal, a critic of Trump and a tech industry investor of note, was among those arrested this weekend.

November 4, 2017 — At 11:12 pm EDT Reuters reported Trump said he had spoken with King Salman bin Abdulaziz about listing Saudi Aramco on the NYSE. The IPO is expected to be the largest offering ever.

October 2, 2018 — Jamal Khashoggi assassinated by dismemberment at the order of KSA’s crown prince Mohammad bin Salman.

November 6, 2018 — U.S. mid-term elections swings control of Congress with blue wave.

2019 — Greg Norman pursued again the development and launch of a PGA alternative including the Premier Golf League.

August 29, 2019 — Trump tweeted a classified satellite image of the failed Safir rocket launch in Iran.

The Office of the Director of National Intelligence referred questions about the image to the White House, which declined to comment.

“We had a photo and I released it, which I have the absolute right to do,” the president told reporters late Friday.

January 3, 2020 — Trump authorized assassination of Iran’s major general Qasem Soleimani by a U.S. drone strike near the Baghdad International Airport in Iraq.

November 2020 — U.S. general election won by Biden, Democrats take Congress.

January 20, 2021 — Trump departs White House as his term ends.

October 29, 2021 — Greg Norman named CEO of LIV — a subset of KSA’s Public Investment Fund — which said it would make $200 million investment in an Asian tour with tourneys across Asia, Europe and the Middle East.

May 2022: Amos Hochstein and Brett McGurk believe they make a deal for a two-part increase of production

June 2, 2022: OPEC announces the first part of production increases and Biden announces his Saudi trip

June 3, 2022: Trump travels from Mar-a-Lago to Bedminster for Saudi golf tournament

June 7, 2022: Adam Schiff and others send Biden a letter warning about Saudi Arabia

Prior to July 15, 2022: Briefings for Intelligence Committees on secret plan

July 15, 2022: Biden meets with Mohammed bin Salman

August 3, 2022: Saudis announce half of production increase promised (“the first public warning”)

September 5, 2022: OPEC announced production cuts

Late September 2022: US officials begin hearing of deep production cuts on October 5

September 24, 2022: MbS says there will be no production cuts

September 27, 2022: Abdulaziz argues cuts would impede diversification plans

September 28, 2022: Saudis inform the US they will announce production cuts

October 26 2022: Jared Kushner speaks at Saudi investment summit

Note the items in italics – they’re from Marcy’s timeline in her post The Intelligence Gaps Where the Saudis Hid Their October Surprise which she published last October.

Diversification of cash earned from oil into non-fossil fuel investments is what the PIF does; LIV Golf is one of the many diverse investments, and Trump along with the Trump organization is a beneficiary of that investment — and possibly an investment as well.

~ 3 ~

The LIV Golf league is in competition with the U.S.-based Pro Golfers Association Tour (PGA) for talent as well as media coverage even though it is not as focused on U.S. courses as the PGA. Golfers are required by the PGA to choose between tours — they must commit to the PGA or the other. They can’t play for both since doing so would create conflicts in timing and in contracts with TV/cable networks carrying golf events.

(Much of this conflict sounds very familiar to those who remember Trump’s first foray into sports with the USFL. His demand that USFL play in the fall and not the spring, putting the new league in direct conflict with the NFL, ultimately caused the demise of the USFL. Trump tried multiple times to get into the sports industry between the USFL and LIV Golf.)

Greg Norman has been open for the last three decades about his motivation for creating a new league and tour. While he claims he wants to promote golf, he’s simply in it for the money.

Golf has been and remains a sport for the wealthy. Equipment is expensive, membership at a course is expensive, the amount of time required to practice and become proficient to make the sport enjoyable requires considerable freedom from financial encumbrances. If Norman was really trying to promote the sport, he’d find ways to make it more accessible, but no. He just wants players including himself to make more money.

This makes Norman the perfect tool for sportswashing — he has no moral qualms about focusing on more money for golf, without regard for the reasons why sponsors are so ready with cash.

Never mind the little problem of a Saudi journalist working for an American news outlet being sawn into pieces because they expressed dissent. As Norman sees it, “We’ve all made mistakes.

His callousness is breathtaking, openly taking blood money and blowing off a gruesome murder because golf. The tour will just blow by the inconvenience of working for a murderer, wash away the taint with enough bankable green and enough manicured greens.

If the CEO of LIV Golf is this indifferent to the kind of people from which he takes money, one has to wonder just how deeply this insensitivity goes into the tour’s operations.

No wonder, then, Trump and his courses are engaged with LIV — they’re equally tactless and hard-hearted fit.

No wonder these business connections have been subpoenaed.

It would be nice to know if Trump’s creepy Victorian doll of a son-in-law Kushner negotiated the postmortem tacit approval of Khashoggi’s assassination and the delivery of Soleimani’s death in exchange for future support to both Kushner in the form of a massive $2 billion payout and Trump’s participation in LIV Golf as a key money and image laundering vehicle golf course host for the tour.

~ 2 ~

One of our long-time community members, WilliamOckham, went through last Thursday’s NYT article looking for sourcing. The article was focused on the Department of Justice’s subpoena of surveillance videotape at Mar-a-Lago in relation to classified documents in Trump’s possession after he left office.  It looked like Trump’s attorney Evan Corcoran (or Corcoran’s attorney(s)) was the possible sole source for the NYT’s multi-contributor piece.

What seemed odd was the mention of LIV Golf toward the middle of the article, in these two grafs — the 11th and 12th of 30 total paragraphs:

One of the previously unreported subpoenas to the Trump Organization sought records pertaining to Mr. Trump’s dealings with a Saudi-backed professional golf venture known as LIV Golf, which is holding tournaments at some of Mr. Trump’s golf resorts.

It is unclear what bearing Mr. Trump’s relationship with LIV Golf has on the broader investigation, but it suggests that the prosecutors are examining certain elements of Mr. Trump’s family business.

These two grafs are immaculately conceived and virgin birthed. There’s no source mentioned.

Yet  the NYT felt its readers would want to know now that the Special Counsel was looking into Trump’s LIV Golf business.

Or was it not that the public needed to know, but that the source felt others needed to know who had not known about this subpoena just as the public hadn’t known?

What are the chances this subpoena has been quiet not only for diplomatic reasons, but for counterintelligence reasons?

What are the chances other Trump courses have also been subpoenaed by the Special Counsel — those which have not been involved so far in LIV Golf?

~ 1 ~

NYT included a link to a graphic-centric report published in mid-December — Inside Mar-a-Lago, Where Thousands Partied Near Secret Files.

I admit to missing this piece at the time; it was published just as the news media enters its annual doldrums. Because the public is generally busy wrapping up both the end of the year and wrapping holiday presents, news readership falls off. Evergreen stuff is published, like ever popular year-end listicles – quick and easy to produce, keeps for a while, pure fluffy filler.

A graphic piece without a corresponding news peg fits this time period well and might have been a way to clean the NYT’s desk of a piece it couldn’t offer earlier. The interactive graphic report on Mar-a-Lago and the location of the presidential records and classified documents in the 20-acre facility ended up buried at the front end of the holiday dump zone.

But like other evergreen work, this piece kept well and suited the NYT’s article as an interstitial adder.

What puzzles me, though, is what the NYT’s team working on this piece — including Maggie Haberman — didn’t notice or didn’t point out there had been recent and obvious grounds work on the compound.

Note the yellow highlight I’ve added to this graphic:

As reported, there are two doors off the pool area which allow access to the hallway leading to the storage beneath Mar-a-Lago’s main floor – they’re highlighted in yellow.

I’ve also highlighted Trump’s personal office in the building to the right. It’s been noted there are stairs to the office which have not had a barrier to prevent access, except on rare occasions when a cordon has been strung across the first steps.

I suspect there’s an elevator in the building somewhere which hasn’t been mentioned because Trump’s physical condition (and possibly his neurological condition) makes it unlikely he climbs up nearly three flights of stairs on the regular.

Lastly, I’ve highlighted in the upper right the entrance to an underground tunnel. I know we’ve discussed it here before that there was at least one tunnel beneath Mar-a-Lago’s grounds, but unfortunately it was in comments and not in the body of a post. The tunnel I highlighted travels under the public roadway to the Mar-a-Lago beachhouse property on the other side of S. Ocean Boulevard. Anyone coming off the beach at the beachhouse can access this tunnel based on photos available across the internet.

Here are examples of photos on the internet showing the Mar-a-Lago property on both sides of the roadway.

This one is a Google Maps snapshot taken by Google as it scanned the road in February 2021 (gee, I wonder why the flag was at half mast).

On the left hidden behind greens and a low stucco wall is a stairwell to the tunnel beneath the roadway. On the right behind the greens is the tunnel’s other entrance leading to a walkway which traverses the lawn diagonally toward the buildings.

Here is a screen capture from an overhead video taken by drone, dated August 2022; I’ve circled the approximate entrances to the tunnels in orange. No idea the exact date this was taken, whether before or after the FBI served a warrant on Mar-a-Lago.

And here is another Google Maps snapshot taken by Google as it scanned the road in October 2022, before the NYT article but after the FBI served the warrant.

Note the wall at the corner over the tunnel, hiding the entrance from the road and any pedestrians on foot. The NYT’s interactive graphics piece shows this wall but makes no observation that work has been done at this corner.

Go a little further around the bend and you’ll not only see the grounds work in progress but at least one rental container within car lengths of the tunnel’s location.

Trump has owned Mar-a-Lago since 1985 and lived there on site when in Florida.

After all this time — at least eight years by the Google Street View photos available online — why was this amount of grounds work along this wall near the tunnel needed last year?

~ 0 ~

Like Trump’s disgusting habit of cheating at golf and like he cheats on his wives, his relationship with LIV Golf is all kinds of awkward and revolting.

Meanwhile, the Biden administration has had to play nicely with KSA this past month because of KSA’s role in helping get Americans out of Sudan.

They had to make all kinds of nice noises about this in spite of KSA fucking over Biden about oil production.

I can’t rule out there are even more awkward bits out there, like KSA’s new friendliness with Iran which may have been shaped by Trump’s assassination of General Soleimani, or China’s overtures with KSA and Iran which are likely efforts to smooth the way for China’s Belt and Road Initiative.

Nor have I forgotten the possibility that Trump’s war crime committed to obtain Syrian oil may begun with help and for the benefit of KSA. It crossed my mind when there were recent attacks in Syria on Americans that this matter may still be in play in spite of Biden administration’s change in sanctions for development of that Syrian oil — especially since the drone attack in al-Hasakah which killed an American contractor just happened to be in Block 26 in eastern Syria where Trump permitted oil development for his war crime.

We shouldn’t expect to hear much about the subpoena of LIV Golf business. There’s more likely to be news about specific Trump courses like Bedminster – the parent corporation already having been convicted of fraud.

But we can watch for geopolitical disturbances in tandem with the dates Trump courses host LIV Golf events.

Fri, May 26 – Sun, May 28
Trump National Golf Club Washington DC, Sterling, VA

Fri, Aug 11 – Sun, Aug 13
Trump National Golf Club Bedminster, Bedminster, NJ

Fri, Oct 20 – Sun, Oct 22
Trump National Doral Miami, Miami, FL

Some of George Santos’ Alleged Crimes Resemble Trump’s Suspected Crimes

DOJ has released the indictment against George Santos.

The charges are:

1-5: Fraudulent political contribution scheme

6-8: Money laundering of false donations

9: Theft of public money

10-11: Wire fraud tied to unemployment payments

12-13: False statements in Congressional disclosure report

The most interesting charges are 1-5:

Effectively, DOJ accuses Santos of telling two donors their money would support his candidacy when instead he was pocketing the money.

This is the same theory behind the Build the Wall fraud, where Bannon et al raised money promising to build a wall and instead spent it on their own personal expenses. Bannon et al were charged with conspiracy to violate 18 USC 1343, whereas Santos was charged with 1343 himself. And Santos was charged on a different money laundering statute (18 USC 1957(a) and (b) versus 1956). But the theory is the same.

The scam — directing political donations to a private company — is the same scam that Daily Beast recently reported Herschel Walker to have engaged in.

More interesting, though, given the speed with which some Republicans have denounced Santos, this is close to the same theory behind the financial part of the investigation into Trump. He is suspected of soliciting funds for use on voter security and instead spent it on his legal fees and other expenses.

There’s at least one obvious difference though: Santos falsely claimed that “Company #1” was a 501(c)(4). It was no such thing. There’s no reason to doubt that Trump’s PACs are what they say they are.

But for that significant difference, a bunch of Republicans are condemning the same kind of solicitation fraud for which Trump is currently being investigated.

THE RINGLEADER’S LAST(?) CIRCUS: Observations from inside the Proud Boys Seditious Conspiracy Trial

There was an occasion when I sat inside the courtroom for the Proud Boys seditious conspiracy trial where I caught Proud Boys ringleader Henry “Enrique” Tarrio’s eye.

Most days, due to rules at the Prettyman courthouse prohibiting recording devices and electronics in the courtroom itself, I reported from the media room with the rest of the press where I could watch proceedings on a closed circuit feed as I tweeted them out in real-time. 

But a few times, so I could put eyes on the jury or the defendants, I would leave the windowless room to sit in the thick of it and take notes the old-fashioned way in court with my notebook balancing on my crossed knee.  

We didn’t look at each other for very long. 

Tarrio looked into my face and I into his. His eyes went slightly wide and searching for a moment as he, I suspect, worked out that I was press in short order. Not many reporters were covering the trial to begin with and it was very sparsely attended by the public so a new face was likely to stand out. And of course, I always come into a courtroom bearing a notebook and pen, so the dots, I presume, were pretty easy to connect. 

But the look on his face that day is something I’ve thought a lot about recently and in particular, since he and fellow Proud Boys Joseph Biggs, Ethan Nordean, and Zachary Rehl were convicted of seditious conspiracy and a multitude of other charges for their roles in Jan. 6.

It was roughly midway through the four-month-long trial. The prosecution’s daily pace was stilted with defense objections on a near-constant basis. It seemed proceedings were getting terribly bogged down and I wondered how much of a witness’s testimony the jury could actually remember at the end of every day given the incessant interruptions and sidebars. Turns out they did just fine. 

At this point, Tarrio’s co-defendants Zachary Rehl and Dominic Pezzola had not yet testified. It wasn’t clear at the time if they would. But it seemed nonetheless the defense was intent on putting up a fight every step of the way on grounds meritorious or not. With the defense willing to swing so big, I imagined, if I were a defendant in this trial, and swinging for the fences is pretty much all I’ve got, I’d suppose I would be happy to see my lawyers do it. 

And considering all of this, when his eyes met mine that first time, there wasn’t a trace of anxiety on Tarrio’s face. In fact, it was the easiness in it that struck me. There’s an assertiveness that shades a person’s face when they have experience dealing with “delicate” situations but this was not just the look of experience with tough times writ large on his face. 

There was pride. The look struck me as ego. It was confidence, baldly. I wished everyone paying attention to the trial could have seen his face in that moment so they could understand exactly what I mean. 

I’ve been racking my brain as to where and when I’ve seen this look specifically before and what it reminded me of. 

And then it came to me. 

Tarrio looked at me that day in the same way I had seen politicians look when I covered Congress: It is the look of a person who knows they are selling something or they really want to sell something and there’s a lot of pressure behind their eyes for me to buy it or believe it. 

Tarrio had nothing to say to the jury at trial, as is his right. And he decided that before Rehl or Pezzola would make their (ultimately tortured) appearances. But ahead of the jury’s deliberations, and without a federal prosecutor to face, Tarrio had plenty to say during a “Spaces” event held on Twitter and hosted by the right-wing Jan. 6 conspiracy theory peddling Gateway Pundit. 

In so many words, Tarrio defended his decision against testifying and it largely sounded like he was griping about the strength of the government’s case against him. More directly, he claimed prosecutors would misconstrue his words or bring out old statements unrelated to Jan. 6 to hurt him if he took the stand.

Before the verdict came down, Tarrio said he would respect the jury’s decision and that he felt he and his co-defendants were “in a good place.” 

And that’s the tricky thing with someone like Tarrio. If your public persona has largely revolved around attempting to manipulate the press for your benefit, what is said or done in the press sort of rings hollow once you know what his game is.

Now all things being fair, perhaps he really believes he’s innocent. Or perhaps he knows he is guilty in his bones. I ask, even if Tarrio himself stated these positions publicly, how does one trust him? 

Perhaps for his supplicants, friends, lovers, foot soldiers and the lawyers paid to serve him, it is easier.

But for the rest? For the rest of America that believes the jury rendered a fair verdict and found him guilty of orchestrating a seditious conspiracy—what basis do they have to trust a word Tarrio or his ilk utter about Jan. 6 ever again? 

He’s not playing to the American public at large. He knows his audience. But I write this piece offering a window into a person I observed for 60 days because I realize most Americans don’t know who Tarrio is at all. That seems imbalanced to me given the liberties Tarrio and his co-defendants attempted to forcibly take with their fellow American’s votes in a presidential election.

(I wish more people could have seen the trial in action but even I, who champion transparency, go back and forth on whether cameras in every courtroom would be truly beneficial or if it would turn every defendant into an aspiring reality-tv star.)

At trial, Tarrio was closely focused, regularly taking or passing notes, especially during witness testimony. He didn’t slouch moodily in his chair or seem out of sorts when tensions ran high between U.S. District Judge Tim Kelly and his co-defendants’ attorneys.

I watched him whisper to people at a crowded table populated by his co-defendants and their attorneys. The stakes so high, he was an ever-active party to his own case. 

Rehl sat to Tarrio’s left. Ethan Nordean to his right. They were nearly shoulder to shoulder. Joseph Biggs and Pezzola sat furthest away from Tarrio though along the same side of the table. Many defense attorneys were squeezed onto the opposite side or at the ends of the table though Tarrio’s attorneys often sat at another long one just adjacent to him. He was most talkative outside of the jury’s presence though their presence didn’t stop him, really. 

He was always “on” it seemed. I watched him exchange what looked like very friendly words with a young female paralegal sitting just across from him on occasion. I watched him pour her a glass of water and another time, I watched as he accepted a piece of gum or a mint she offered with her smile broad and eyes tender. He mouthed ‘thank you’ at her, grinning back as he did before passing another sticky note to a lawyer at the table. 

Tarrio’s confidence may have also come from knowing that he had at least one person watching in the pews from time to time who wrote for the Gateway Pundit. This individual once professed to me in the hallways of Prettyman that she was a “friend of the defendants.” She also said she respected how I covered the trial even if she disagreed with me politically. The truth is, she doesn’t know my politics beyond what she presumes of course, and more importantly and this may be a concept unfamiliar to some, but my politics don’t determine my reportage. The point wasn’t one I felt like making so I thanked her politely and went about my work. 

Meanwhile, I spent weeks watching Tarrio elicit more than one or two laughs or smiles from U.S. marshals when they would engage him in passing chit-chat on breaks or at the start of a trial day.

A real charmer that Tarrio fancies himself, I would think to myself as I watched him in court whether in person or from the media room. 

Tarrio’s smiles came easily in that courtroom. 

Though I welcome levity in its various forms, even yes, in a federal courtroom, his consistent lightness stood out in such stark contrast to the moment. To the grueling pace of the trial. For someone potentially facing 20 years in prison plus and squaring off with federal prosecutors that had been building a case again him for over a year, Tarrio exuded what seemed like an unfounded optimism in the eventual outcome. Online since the trial, he’s expressed his frustration of being kept in isolation in detention for 23 of 24 hours a day. He has lamented a weaponized Justice Department. It’s the same song jurors heard in the Oath Keepers case to some degree or another. It’s the core argument by J6ers to fundraise. 

Back on April 26, before jurors went into deliberations, Tarrio said: “I’m going to be dead honest: If you walked in the building, you know, I agree, maybe you should get hit with trespass. If you assaulted a police officer, fine, get hit with assault on a police officer. If you broke something, if you stole something, get charged that way…What we’re seeing here with a lot of these cases is they’re overcharging these cases, they want to give multiple years, decades, in some of these cases.”

But I ask, again, who can trust Tarrio’s assessment? The jury couldn’t. Not on the topmost charge anyway. Yet Tarrio said before the conviction, he got a fair trial. Yet later, another message that appears as “forwarded to the Proud Boys,” from Tarrio’s Telegram account stated: “The fight isn’t over. This is just the beginning.” 

On the day I looked into his face, that was the face of Henry “Make it a Spectacle” Tarrio. 

I think back to what his own lawyer Nayib Hassan, asked of one Proud Boy witness at trial, George Meza aka Ash Barkoziba. Did Meza understand Tarrio liked to “razzle-dazzle” people and the media? Did he understand Tarrio was more a “showboater” than a “showman?” Whatever difference between those two labels Hassan was trying to make was unclear and an objection to relevance on the question was sustained by Judge Kelly. Hassan left it alone. And I suppose for good reason—is Tarrio about spectacle or is Tarrio leadership? Does he, in fact, believe he is leading a (fascist) movement? An answer to either one of those questions in a courtroom could be damaging because it begs another: so, does Tarrio engage in criminal conduct because it’s fun and he is an agent of chaos or does he genuinely believe it is his imperative to “save” America, the rest of his fellow Americans views on that be damned. 

After the verdict dropped, Tarrio went on Telegram and shared a 2001 quote from Nelson Mandela: “It always seems impossible until it is done.”

Drawing on Nelson Mandela for inspiration is understandable but let’s be clear: Tarrio is no Mandela. 

Where Mandela helped lead a nation out of apartheid at great personal sacrifice and imprisonment and helped create a multi-racial democracy, Tarrio, a jury of his peers has decided, conspired with a group of men to stop a democratic process by brute force. 

And Tarrio did that by overseeing a network of men who spoke of “fash[ing] out,” as they espoused bigoted and racist views that allowed their anger or bloodlust or some combination of both to remain at a constant simmer.  And unlike Mandela, who condemned prejudice and hatred, no evidence emerged at trial of Tarrio condemning violence or hatred. No, in fact, and instead, Tarrio’s lawyers worked overtime to keep out details that could have revealed Tarrio’s true colors, like when he burned a Black Lives Matter flag outside of a historic Black church in December 2020.

Mandela and Tarrio really only share one quality and it is in a very general sense. They were both leaders of other people in the typical understanding of the word. But that’s it. As a leader, Mandela pursued peace and equality for subjugated human beings. Tarrio pursued a narrow, deeply selfish vision of a country subjugated by views held by the Proud Boys and their supporters. 

After considering the overwhelming evidence and testimony of fellow Proud Boys both for and against the defense, the jury convicted Tarrio, Nordean, Rehl, and Biggs of seditious conspiracy as well as conspiracy to obstruct an official proceeding, and obstruction of an official proceeding. Only Pezzola, who wrestled a police riot shield away from an officer before using it to bash open a window and let rioters stream inside the Capitol, was deemed “too stupid,” by the jury to commit seditious conspiracy.

The charges start to lose some of their everyday meaning when you read them enough times in their cloying legalese. But stripped down, it is vital to understand the simple concept here. A jury found, save for one man of five, that the Proud Boys on Jan. 6, led by Henry “Enrique” Tarrio, decided their will should overtake the free will of millions of Americans who already cast their ballot against a candidate that Proud Boys preferred. 

At trial, jurors heard testimony and reviewed evidence showing how many Proud Boys believed the election was stolen. Many of them bought into the bogus lie that Trump and his sycophants in Congress and in the right-wing mediasphere repeated for months. 

And yet, it was never made perfectly clear: did Tarrio believe Trump’s Big Lie or was he too in on Trump’s grift? 

Proud Boys didn’t come to D.C. to merely protest, a jury has agreed. They came to DC to commit acts of violence against the U.S. government and law enforcement. Proud Boys intended to stop Congress from doing its work so they might have another shot, even though it was far too late, to install their loser of the 2020 election into the White House. 

Tarrio’s recent reference to Mandela reminds me of one of my own favorites: “For to be free is not merely to cast off one’s chains, but to live in a way that respects and enhances the freedom of others.”

Tarrio respected and enhanced no one’s freedom on Jan. 6, least of all and perhaps most ironically, his own.

When Oath Keeper founder Stewart Rhodes was on trial for seditious conspiracy last year, he appeared on InfoWars and referenced Nelson Mandela too in the sort of self-aggrandizing way he did with much else when he—unlike Tarrio—testified at his own trial. 

On InfoWars Rhodes said, before jurors had deliberated: “You need to be willing to go to jail. I think Americans need to lose their fear of being indicted or put in prison. When you have a dictatorship you’re going to have dissidents. And if you’re going to have anybody standing up for freedom, some of you are going to go to jail and some of you are going to go to prison. But just like Nelson Mandela was willing to go to jail for life, he did 20 years, you have to be willing to do that. You have to be willing to take the hit if you’re a person who’s a freedom fighter and is standing up for rights. Because if you don’t, then what you become is a slave.” 

It was evocative of the end-all-be-all, good vs. evil talk that he invoked in his draft letters to Trump beseeching him to invoke the Insurrection Act, raise Oath Keepers to aid him, and if necessary, help overturn the 2020 election results since they both knew they were “fraudulent.” 

That both Tarrio and Rhodes cite Nelson Mandela would seem to speak volumes about how they internalize their conduct and their crimes. Or maybe just perhaps how they propagandize them.

In the past, I covered a trial involving an American terrorist sympathizer who provided material support to ISIS: Mohammed Khweis, the first American convicted by a U.S. jury of joining the Islamic State. 

I watched Khweis deny strongly supported allegations against him on direct and I watched him crumble under cross. I watched him lie on the witness stand when his family was watching from the pews, some unable to hold back tears. I watched him nearly burst into tears himself when it was clear prosecutors had him in a lie. I recall, outside of the jury’s presence, a defense attorney asking the presiding judge if it may be a good idea to pull his family member out of the courtroom so Khweis would answer more freely.

After his trial, Khweis was sentenced to 20 years for providing material support to terrorists and for a weapons charge. Last year, after a successful appeal, he had his sentence reduced to 14 years after the weapons charge was dropped.

In an interview in 2022, Khweis said: “It’s still mind-boggling to me that I made this terrible decision.” After watching him in court in 2017 absolutely beside himself with anxiety, here in 2023 I would wager a guess that he probably means that. 

To compare, Tarrio has expressed no such remorse to date. He’s offered a lot of thin excuses for his conduct, little real apology. Before jurors, his team painted him as a scapegoat for Donald Trump, blamed for Jan. 6  because Trump could not possibly be held to account. Before the jury began deliberating, Tarrio went on social media and called himself a “stepping stone” on a road that effectively ends with the death of the First Amendment. 

The racist, misogynist, virulent, anti-Semitic, and anti-democratic rhetoric (and actions) expressed by Proud Boys were always defended at trial as “locker room talk” or part and parcel of their rollicking discussions about “self-defense” against leftists, antifa, and supporters of the Black Lives Matter movement. 

It was just talk! It was always in good fun! How dare the government criminalize free speech!

This was, boiled down, the argument often delivered unsuccessfully at trial by Norm Pattis, a defense attorney for Joe Biggs. Pattis also represents Alex Jones. Maybe Pattis was at his wit’s end on the long side of a four-month trial or maybe it was an inside joke or maybe he did it to “taunt” the press he knows watches from the media room, but one day after returning from a break and before jurors had reentered chambers, Pattis took a moment to ham it up and perhaps unwittingly encapsulate just how unserious the defense thinks their clients conduct was on Jan. 6. I don’t know. But he leaned into a microphone and offered a short, guttural, “uhuru,” the Proud Boys mantra/chant invoked at their rallies, sometimes as a type of call and response. 

He chuckled as he took his seat.

Tarrio had called the violent language of the Proud Boys “simple fun” in his media spot late last month. He even teased Lawfare reporter Roger Parloff, who, like me, covered the trial gavel-to-gavel, when Parloff recently mentioned Tarrio’s suit choice. 

Ever the jokester, that Tarrio. A real laugh-riot. 

Whoever Tarrio is or isn’t, whoever he speaks for, or proposes to speak for, this most immediate chapter in his life is now written thanks to a jury of his peers who represent checks in a greater system that he sought to tear asunder. Now, he and his co-defendants face what could be very lengthy prison sentences.

Tarrio has said his “fight isn’t over.”

Neither is the Justice Department’s.

 

DOJ Subpoenaed Over Five Months of Mar-a-Lago Surveillance Video

There’s a detail that may provide important context to new reporting from CNN and NYT about Jack Smith’s pursuit of more information about the surveillance video obtained from Mar-a-Lago. Both pieces report that Smith recently obtained the testimony of Mathew Calamari Jr., the head of security for Trump Org , and Sr., the Chief Operating Officer for Trump’s company (the latter of whom was included in Alvin Bragg’s investigation of the company).

Both outlets describe how that testimony is linked to an investigation into Walt Nauta, whom (per NYT) DOJ chose to investigate rather than seek further cooperation after he gave incomplete testimony last summer and fall. Both describe those subpoenas in the context of a larger effort, absent cooperation from Nauta, to understand the surveillance footage obtained in response to a June 24, 2022 subpoena. From NYT:

[P]rosecutors appear to be trying to fill in some gaps in their knowledge about the movement of the boxes, created in part by their handling of another potentially key witness, Mr. Trump’s valet, Walt Nauta. Prosecutors believe Mr. Nauta has failed to provide them with a full and accurate account of his role in any movement of boxes containing the classified documents.

[snip]

Prosecutors have also issued several subpoenas to Mr. Trump’s company, the Trump Organization, seeking additional surveillance footage from Mar-a-Lago, his residence and private club in Florida, people with knowledge of the matter said. While the footage could shed light on the movement of the boxes, prosecutors have questioned a number of witnesses about gaps in the footage, one of the people said.

But hoping to understand why some of the footage from the storage camera appears to be missing or unavailable — and whether that was a technological issue or something else — the prosecutors subpoenaed the software company that handles all of the surveillance footage for the Trump Organization, including at Mar-a-Lago.

Remember that Trump originally claimed he was subpoenaed on June 22, only to have Beryl Howell correct that claim. Such inconsistencies — such as whether Jay Bratt sent Evan Corcoran a note asking him to put a lock on the storage room, or informing it that it did not comply with CFR requirements for storing classified materials — have often reflected a stupid Trump cover story.

Among the things under investigation, per CNN, is a text message Nauta sent Calamari Sr. after DOJ first subpoenaed surveillance footage from Trump Organization.

The Calamaris are among several witnesses expected to testify in Smith’s investigation on Thursday, sources said. Prosecutors have previously brought in lower-level Trump employees for questioning about the surveillance footage, including how it may have been handled in response to the subpoena for it and if it could have been tampered with, two sources told CNN this week.

Investigators also have previously asked about a text message from Nauta to Calamari Sr. and subsequent conversations about the surveillance footage, according to two of the sources. The Justice Department questioned Nauta months ago about the handling of the boxes, and he told the FBI about being directed by Trump, CNN previously reported.

[Update] The Guardian reports that Nauta asked Calamari Sr. to call him about the DOJ subpoena.

Both Calamaris testified to the federal grand jury in Washington on Thursday, and were questioned in part on a text message that Trump’s valet, Walt Nauta, had sent them around the time that the justice department last year asked for the surveillance footage, one of the people said.

The text message is understood to involve Nauta asking Matthew Calamari Sr to call him back about the justice department’s request, one of the people said – initially a point of confusion for the justice department, which appears to have thought the text was to Calamari Jr.

DOJ likely would never have learned of this text message if Nauta had fully cooperated last summer. But they learned about it, and partly as a result, men who know Trump’s most cherished secrets had to testify before a grand jury.

Trump was at his Irish property this week, tentatively scheduled to stay overnight last night, but he left Ireland yesterday, around 12:30 ET, falsely claiming he was doing so to testify in his rape trial. Learning details of the testimony from the Calamaris is a more likely explanation than the rape trial, but with as many investigations as there are into Trump, it could be anything.

One thing coverage of the stolen documents investigation doesn’t emphasize enough, though, is that 18 USC 793 has a conspiracy clause. Anyone — like Nauta, and potentially even the Calamaris — who conspires with someone else to hoard classified documents is exposed to the same punishment — ten years per document — as the guy refusing to give those documents back.

Plopped in the middle of the NYT story, with little explanation, is a reference to the Trump Org’s ties to the Saudi LIV golf tournament.

One of the previously unreported subpoenas to the Trump Organization sought records pertaining to Mr. Trump’s dealings with a Saudi-backed professional golf venture known as LIV Golf, which is holding tournaments at some of Mr. Trump’s golf resorts.

It is unclear what bearing Mr. Trump’s relationship with LIV Golf has on the broader investigation, but it suggests that the prosecutors are examining certain elements of Mr. Trump’s family business.

Back to inconsistencies between the DOJ and Trump story: Another discrepancy in the stories DOJ and Trump have told is whether or not Trump greeted Jay Bratt on June 3 at Mar-a-Lago. But no one contests that Trump went from there — that very same day! — to Bedminster, where he was hosting the Saudis, who not only are paying him an undisclosed amount for the golf tournaments, but who have funded a project in Oman and gave Trump’s son-in-law $2 billion to mismanage. When investigators directed by Tim Parlatore searched Bedminster for documents last year, they found none.

When I think about the way Trump went from that subpoena response stunt to Bedminster, I can’t help but think of the way the Biden Administration was blindsided by Saudi involvement in China’s effort to normalize relations between the Kingdom and Iran. That’s the kind of surprise that might reflect some surveillance had gone dark.

Here’s something to remember about the video, though. DOJ asked for over five months of surveillance footage, starting on January 10, 2022.

The subpoena was served on counsel on June 24 2022 directed to the Custodian of Records for the Trump Organization, and sought:

Any and all surveillance records videos images, photographs, and/or CCTV from internal cameras located on ground floor (basement) [redacted second location] on the Mar-a-Lago property located at 1100 S Ocean Blvd. Palm Beach, FL 33480 from the time period of January 10, 2022 to present.

And DOJ seems to have asked for surveillance video from two locations: outside the storage room, and somewhere else.  That second location might explain the redacted parts of the search warrant affidavit that provided explanations for why DOJ thought Trump might have documents stored in his residence or his office.

More importantly, the subpoena starts eight days before NARA took possession of 15 boxes of documents and covers over five months. That is, if Trump Org had fully complied (and not everyone keeps surveillance footage that long), DOJ would have surveillance footage covering at least two curation processes: the one in January that resulted in Trump only returning 15 boxes of documents, and the one in June, deciding which 38 documents to return and which to retain.

But absent gaps, that surveillance footage would also show something else: any other people, besides Walt Nauta and the maintenance guy who helped him move boxes, walking in and out of that storage room.

As both CNN and NYT report, there are gaps.

DOJ got enough information from those videos to know that, sometime after DOJ sent a subpoena on May 11, Nauta moved boxes out of the storage room. They may have video showing him moving the boxes back sometime after June 3. That’s what they used to get the August search warrant in the first place. But as noted, DOJ provided some reason to believe that documents might be found in Trump’s office or residence, which might reflect a second surveillance angle.

All of which leaves open the possibility that DOJ thinks something else may have happened during those surveillance footage gaps, other than Nauta walking in and out of the storage room.

How the Proud Boy Conspiracy Might Network Out in the Wake of the Seditious Conspiracy Verdict

Since at least August 2021, I have emphasized the import of the Proud Boys conspiracy because of the way Joe Biggs (and, I’d add, Enrique Tarrio) served as a nexus between the attack on the Capitol and the people who orchestrated the attack on the Capitol.

Because of Joe Biggs’ role at the nexus between the mob that attacked Congress and those that orchestrated the mob, his prosecution is the most important case in the entire January 6 investigation. If you prosecute him and his alleged co-conspirators successfully, you might also succeed in holding those who incited the attack on the Capitol accountable. If you botch the Biggs prosecution, then all the most important people will go free.

The point was echoed by Tarrio in a Gateway Pundit appearance after closing arguments, in which he called himself, “the next stepping stone.” And in a comment during closing arguments for which prosecutors got a curative instruction, Norm Pattis (the lawyer Biggs shares with Alex Jones) said, “this case will have impact on [the government’s] charging decisions in other cases.”

This post will explain how the Proud Boys seditious conspiracy verdict might network out, to other Proud Boys, in the weeks ahead. A follow-up will explain how it might network up.

The split verdict

Yesterday, a jury found Biggs and Tarrio guilty of all charges against them save two assaults charged under a co-conspirator liability theory: the one Dominic Pezzola committed in stealing the riot shield that he would then use to make the first breach of the building, and the one for throwing a water bottle for which Charles Donohoe, whose absence from the trial seems to have befuddled the jury, already pled guilty.

The sedition verdicts against Biggs, Tarrio, Ethan Nordean and Zach Rehl are the showy news result, but Pezzola’s fate may prove just as instructive for what this verdict means for others. In addition to charges for assaulting that cop, robbing his shield, and breaking the window, Pezzola was found guilty of obstructing the vote certification, but not conspiring with the others to do that (on which the jury hung) or to seditiously attack the government (on which the jury came back with a not guilty verdict).

Pezzola was found guilty of conspiring with the others to impede either cops or members of Congress from doing their duty, a conspiracy that carries a six year sentence rather than the twenty year max sentences the two other conspiracies carry. The government used that 18 USC 372 charge in this case and in the Oath Keepers’ case. As I’ve noted, it was only otherwise used to charge the men who attacked Brian Sicknick, though the conspiracy charge was ultimately dropped in guilty pleas. Using a slightly different description of the object of the conspiracy, all four members of the second Oath Keeper sedition group were found guilty of it (but then, they were found guilty of pretty much everything), three members of Rhodes sedition group were convicted of it (but not Rhodes or Thomas Caldwell), and four of six defendants in the lesser Oath Keeper conspiracy were convicted of it.

The Pezzola verdict may reflect his own testimony: He took the stand and claimed credit for his own assault, which he said had nothing to do with the other defendants, but tried to claim self-defense. (Here’s Brandi’s post on his testimony.) The jury seems to have believed that he had not agreed to enter into the two conspiracies — sedition and obstruction — that largely took form on Telegram threads he was not yet on, but their 372 verdict suggests they found he did agree on the day of the attack to work with the Proud Boys to chase Congress away from their job. I suspect that outcome may have relied on his willingness to take the stand.

In this split verdict, Pezzola’s outcome is pretty similar to that of Oath Keeper Kenneth Harrelson, who was convicted of the 372  conspiracy but not the sedition or obstruction conspiracies. Like Pezzola, he was convicted of obstruction individually.

In other words, most members of both militias were found guilty, not just of obstructing the vote certification, but of doing things to chase Congress out of their chambers, thereby preventing from doing their job. On that latter act — impeding Congress from doing their job — four separate juries have found more evidence to support a conspiracy than on obstruction.

The government may use these collective results to — as Tarrio and Pattis predicted — make further prosecutorial decisions.

The Proud Boy tools

As Brandi and I have both explained, prosecutors won a guilty verdict in this case by arguing that the Proud Boy leaders used others as “tools” of their conspiracy.

In response to a series of rulings, the theory evolved into a co-conspirator liability, with each “tool” presented at trial first premised — as Tim Kelly described in an order he released just before the initial  verdict — on the government’s proffer of their involvement based on some combination of a prior tie to the Proud Boys, participation on the chats in advance, and marching with the Proud Boys from the start on January 6. Judge Kelly did exclude some of the people the government had asked to include, marked by cross-outs below:

William Pepe; Christopher Worrell; Barry Ramey; Daniel Lyons Scott; Trevor McDonald; Marc Bru; Gilbert Fonticoba; Ronald Loehrke and James Haffner; Nicholas Ochs; Gabriel Garcia; Paul Rae; Barton Shively; a group that included A.J. Fischer, Dion Rajewski, Zach Johnson, Brian Boele, and James Brett; and another group that included Arthur Jackman, Nate and Kevin Tuck, and Eddie George.

But for the rest, Kelly issued a ruling finding the men participated in the attack launched on the Capitol as Proud Boys. It’s an important ruling not just because it helped prosecutors to prove the Proud Boy Leaders used force even without, themselves, having assaulted anyone, but because it used participation in the Proud Boys attack as an element of conspiracy in a way that does not depend on First Amendment protected membership in the militia. They were found to be tools of this conspiracy not because they were Proud Boys, but because of things they did as Proud Boys.

It is probably not a coincidence that the cases against many of these men have been languishing as prosecutors focused on the Leader conspiracy. The current status of the prosecution of those Kelly did include is as follows:

Nicholas Ochs (who did not march with the Proud Boys on January 6): Currently serving a four-year sentence for obstruction.

Dan Scott: Awaiting sentencing on obstruction and assault charges.

Christopher Worrell: Bench Trial for obstruction, civil disorder, and assault paused; due to resume May 11.

Gabriel Garcia: After Garcia got caught hob-nobbing with Matt Gaetz and Ivan Raiklin in violation of pretrial release, his then lawyer parted ways with him. He is scheduled to face trial on obstruction, civil disorder, and trespassing charges in August.

William Pepe: Currently the sole remaining defendant on a conspiracy, obstruction, and civil disorder indictment in which Pezzola and cooperating witness Matthew Greene were originally charged. His attorney, William Shipley, is trying to delay trial until the fall; he has a status conference before Judge Kelly today. Update: They extended this case to July 11 today.

Trevor McDonald: Trevor McDonald has not been publicly charged.

Marc Bru: Bru is scheduled for a Bench Trial on obstruction and civil disorder charges in July.

Gilbert Fonticoba: Fonticoba faces trial on obstruction and civil disorder charges in October.

Ronald Loehrke and James Haffner: Loehrke and Haffner remain charged by complaint, facing civil disorder and trespass charges, with an assault charge against Haffner. They have a status hearing scheduled May 9.

Paul Rae, Arthur Jackman, Nate and Kevin Tuck, and Eddie George: Joe Biggs’ co-travelers currently face charges including obstruction and — for some — civil disorder, assault, and theft. This case has been dawdling over conflict proceedings involving John Pierce. Two long-term loaner AUSAs, Christopher Veatch and Nadia Moore (the latter of whom delivered the rebuttal argument in the Proud Boy leader trial), dropped off the case after closing arguments in the Proud Boy Leaders trial, perhaps freeing them to return to their homes after two years of work. This case is bound to take on new form in the status hearing before Tim Kelly scheduled today. Update: In the status conference, they continued this case to July 11. This morning, Proud Boy Leader prosecutor Jason McCullough filed his appearance.

AJ Fischer and Zach Johnson: Fischer and Johnson are charged along with non-Proud Boys who were part of the Tunnel assault with civil disorder and, for the two Proud Boys, assault. The indictment was charged under the Major Conspiracy section and may reflect cooperation between militias. The defendants have a July status hearing. As she did in the Biggs co-traveler case, Moore dropped off this case after delivering closing arguments.

For all the named “tools,” a judge has found that they followed Biggs and Nordean on the day of the attack. Like Pezzola, it would not be a stretch to argue they entered into a conspiracy to impede the cops and members of Congress. For all but Ochs, Scott, and Worrell, the government could supersede the charges against the men to incorporate evidence presented in the Proud Boy Leaders trial.

Two other Proud Boy groups may be affected by this trial.

Rehl’s co-travelers: Three of the guys that Rehl recruited to join the Proud Boys on January 6 were charged in December 2021: Isaiah Giddings, Brian Healion, and Freedom Vy. Giddings pled guilty to the more serious trespassing charge in January, but his statement of offense was somewhat discredited by belatedly-discovered evidence presented at trial that Rehl had not just wanted to get a can of pepper spray to use on cops on January 6, but had done so. Healion and Vy are still awaiting indictment. Rehl’s testimony at trial — particularly the evidence that he may have assaulted a cop — may make it easier to charge them with felonies.

The KC cell: Like many other Proud Boy cases, the prosecution of the Kansas City cell — one of the few others charged as conspiracy from the start — has been languishing during the Proud Boy leaders trial, even in spite of the fact that there is a cooperating witness, Enrique Colon, and one who proffered but was unwilling to testify against his co-conspirators, Ryan Ashlock. There’s a likely additional reason this case has languished, to say nothing of the fact that prosecutors didn’t include this cell — not even cell leader Billy Chrestman — in their tools theory: the participation of an FBI informant, who testified under the name “Ehren,” in their cell, setting up the possibility that those defendants could claim their actions were incited by the government. More than any other set of Proud Boy defendants, however, the Leader trial likely harmed this group, because during “Ehren’s” testimony, he made it clear that he did what he did that day — including helping to prevent the police from closing the gates to the tunnels — of his own accord. Here’s how Brandi described it:

Following suboptimal testimony from Tarrio’s witnesses this week, defendant Ethan Nordean squeezed in witness testimony from an FBI confidential human source and Proud Boy who appeared in court using only his middle name, “Ehren.”

Unfortunately for the defense, “Ehren,” testified under cross-examination that he was not at the Capitol on Jan. 6 as an FBI informant in any meaningful sense. He was there, he affirmed, as a member of the Proud Boys. Though the spelling of his name was not reported into the record, “Ehren” would appear to be the individual that Jan. 6 internet sleuths have identified as “TrackSuitPB.”

In video footage, jurors could see how “Ehren” entered the Capitol carrying zip tie cuffs he said he acquired incidentally as a memento of sorts. At another point, he appears in capitol CCTV  footage flanked by Kansas City Proud Boys like William “Billy” Chrestman, Chris Kuehne, and others, as he helps place a podium under an interior electric gate to keep it from closing while others set chairs in the way. Police are seen working over and over to drop the barrier as rioters advanced.

Poking holes in the defense’s direct and indirect suggestions over these many weeks of trial that the FBI was responsible for guiding the violence of Jan. 6, “Ehren” admitted he wasn’t instructed by the bureau to obstruct the gate. Or enter the Capitol. Or impede police. In hindsight, he admitted, he shouldn’t have helped prop open gates police were trying to lower at all.

While he testified, evidence was also presented to strongly support the government’s claim that he was playing up the “informing” he offered to the FBI.

“Ehren” texted his handler on Jan. 6 at 1:02 p.m. ET just as barriers were overrun: “Pb did not do it, nor inspire. The crowd did as a herd mentality. Not organized. Barriers down at capital [sic] building crowd surged forward, almost to the building now.”

During his interviews with the FBI in the summer of 2021, he claimed he was standing 100 people back from the front of the first breach. In court, however, footage showed him more like 20 or 30 people back. He was also close to defendant Zachary Rehl at one point as Rehl filmed from the fore of the crowd.

Note that Ethan Nordean’s attorney, Nick Smith, called Ehren to give this fairly counterproductive testimony. Smith also represents two of the defendants in the KC Cell, siblings Corey and Felicia. They have a status hearing scheduled before Tim Kelly on May 16. As he did on the Biggs’ co-traveler case, Veatch dropped off this case after the Leaders closing arguments.

Altogether, there are 19 people already charged (the 17 tools less Ochs, Scott, Worrell, and McDonald, plus two Rehl co-travelers and the four remaining KC defendants), plus McDonald and a few others otherwise treated as co-conspirators, who might face superseding charges or — at the very least — a more damning set of evidence based on trial testimony presented at the Proud Boy Leader case. Prosecutors may take the Pezzola verdict as a gauge of what a jury will find convincing, including that the larger Proud Boys group conspired to impede the police and Congress on January 6. That may not only expose some of these defendants to one or more additional felonies, but lay out how a networked conspiracy worked to assault the Capitol on January 6.

Update: According to this Vice News interview with one of the jurors, one reason they didn’t convict Pezz on sedition is bc he “may not have been bright enough to really know about the plan.”

Dominic Pezzola, “Spazzo”, was acquitted on seditious conspiracy. What was the difference there? Why was he acquitted when the others were found guilty? 

Well, he wasn’t in leadership for one. And he only joined the Proud Boys in November or December of 2020.  So he didn’t have a whole lot of time before Jan. 6. They have the different tiers you know, level 1 to level 4. Spazz was a 2 or 3 and on a fast track because he was so expressive of being a bad boy. We actually deadlocked on Spazz at first. But we got through that and said not guilty. Another factor was just that he wasn’t the brightest bulb on the porch. And may not have been bright enough to really know about the plan. So I said, well, poor guy.  He should’ve listened to his father-in-law, who told him “don’t go.”

The juror’s testimony about the demeanor of Pezzola and Rehl in their testimony closely matches what Brandi found.

Stand Back and Stand By: Proud Boys Enrique Tarrio, Joe Biggs, Ethan Nordean, and Zach Rehl Guilty of Sedition

The verdict is just coming in from the Proud Boys trial.

Update: The jury came back with a not guilty verdict for Pezzola on seditious conspiracy, and Judge Tim Kelly ruled them hung on everything else.

It’s finally over.

Count One: Seditious Conspiracy (18 USC 2384)

Tarrio: Guilty

Biggs: Guilty

Nordean: Guilty

Rehl: Guilty

Pezzola: Not Guilty

Count Two: Conspiracy to Obstruct an Official Proceeding (18 USC 1512(k))

Tarrio: Guilty

Biggs: Guilty

Nordean: Guilty

Rehl: Guilty

Pezzola: Hung

Count Three: Obstruction of an Official Proceeding (18 USC 1512(c)(2))

Tarrio: Guilty

Biggs: Guilty

Nordean: Guilty

Rehl: Guilty

Pezzola: Guilty

Count Four: Conspiracy to Impede an Officer (18 USC 372)

Tarrio: Guilty

Biggs: Guilty

Nordean: Guilty

Rehl: Guilty

Pezzola: Guilty

Count Five: Civil Disorder (18 USC 231)

Tarrio: Guilty

Biggs: Guilty

Nordean: Guilty

Rehl: Guilty

Pezzola: Guilty

Count Six: Deprecation of Government Property (metal barrier) (18 USC 1361)

Tarrio: Guilty

Biggs: Guilty

Nordean: Guilty

Rehl: Guilty

Pezzola: Guilty

Count Seven: Deprecation of Government Property (front door) (18 USC 1361)

Tarrio: Hung

Biggs: Hung

Nordean: Hung

Rehl: Hung

Pezzola: Guilty

Count Eight: Assault (throwing water bottle) (18 USC 111)

Tarrio: No verdict

Biggs: No verdict

Nordean: No verdict

Rehl: No verdict

Pezzola: No verdict

Count Nine: Assault (fighting with cop) (18 USC 111)

Tarrio: Not guilty

Biggs: Not guilty

Nordean: Not guilty

Rehl: Not guilty

Pezzola: Guilty

Count Ten: Robbery (stealing shield)

Pezzola: Guilty

Update, May 8: Corrected Tim Kelly’s last name.

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