DOJ [or Flynn’s Team] Altered an Exhibit in the Mike Flynn Case to Support a False Smear of Joe Biden

As noted, Peter Strzok’s lawyer has confirmed something I laid out earlier: DOJ submitted at least two sets of Strzok’s notes in its effort to blow up the Mike Flynn prosecution that had been altered to add a date that Strzok did not write himself.

This post will lay out why it matters.

I discovered that DOJ [or Flynn’s team] had altered Strzok’s notes because DOJ shared — and Sidney Powell submitted in purported support of her claim of prosecutorial abuse — two sets of those notes.

This set, shared on June 23 (the red rectangle is my annotation).

And this set, shared on September 23. Again, my red rectangle shows where DOJ added a date, January 4-5, 2017.

As Strzok’s lawyer, Aitan Goelman, explained that date is wrong.

On at least one occasion, the date added is wrong and could be read to suggest that a meeting at the White House happened before it actually did.

The correct date is January 5, 2017. The notes could not have been written on January 4 because they memorialize a meeting that happened on January 5.

As I demonstrated here, there was never a doubt about the date of the notes. They were written on January 5, 2017, after the meeting in question. The notes clearly match the known details — as laid out in this contemporaneous memo to the file by Susan Rice and elsewhere — of a meeting in the White House, attended by the President, Sally Yates, Joe Biden, Susan Rice, and Jim Comey, regarding what to do about the discovery that Mike Flynn had secretly called up the Russian Ambassador and undermined the sanctions President Obama imposed, in part, to punish the Russians for tampering in our election.

In spite of the fact that there was never a doubt that the notes were from January 5, 2017, when DOJ shared the notes with Powell, they claimed that DOJ was uncertain of their date, and claimed falsely they could have been from January 3, 4, or 5.

This page of notes was taken by former Deputy Assistant Director Peter Strzok. While the page itself is undated; we believe that the notes were taken in early January 2017, possibly between January 3 and January 5.

Then, having been told, falsely, that the date of the notes was uncertain, Sidney Powell claimed they had been written on January 4, and used that to falsely claim that the idea of investigating Mike Flynn under the Logan Act came from Joe Biden.

Strzok’s notes believed to be of January 4, 2017, reveal that former President Obama, James Comey, Sally Yates, Joe Biden, and apparently Susan Rice discussed the transcripts of Flynn’s calls and how to proceed against him. Mr. Obama himself directed that “the right people” investigate General Flynn. This caused former FBI Director Comey to acknowledge the obvious: General Flynn’s phone calls with Ambassador Kislyak “appear legit.” According to Strzok’s notes, it appears that Vice President Biden personally raised the idea of the Logan Act.

Thus far, all DOJ did was falsely claim not to know key details of this investigation, allowing Powell to set off a frenzy designed to impact the election.

But then DOJ [or Flynn’s team] submitted the second version of the notes and Powell submitted them again, claiming they pertained to a March 2017 meeting.

Now, had DOJ told Powell when they shared the altered notes and told Judge Sullivan, by association, when they filed the notice of discovery correspondence (belatedly) last night that these were annotated copies of Strzok’s notes, they would not be at risk of committing the crime of making false statements by altering a record (the same crime Kevin Clinesmith pled guilty to). Had they just explained, “these come from so-and-so’s investigative notebooks and they show that he, the investigator, [falsely] concluded that the notes could be from January 4, 2017 and that’s why poor Sidney Powell made a false, still-uncorrected attack on Joe Biden in a filing before this court,” then this wouldn’t be a problem. I mean, they’d still have to explain why they submitted an altered copy of the notes, rather than just correcting the record before Sullivan. But it would not amount to a false representation that these were — as Ballantine’s letter to Powell claimed they were — “handwritten notes of former Deputy Assistant Director Peter Strzok (23501 & 23503).”

But now it is the case that the record before Sullivan shows that DOJ [or Flynn’s team] submitted these altered notes while claiming that they were Strzok’s hand-written notes (having already submitted proof that the annotation is not part of the original).

It’s not just that — as Goelman explained — the notes, “could be read to suggest that a meeting at the White House happened before it actually did.”

It’s that DOJ already did read the notes to suggest a meeting happened before it actually did. DOJ, and by association, Flynn’s lawyer, already made that false claim. And they did so specifically to support an attack on Presidential candidate Joe Biden.

Update, 9/30: I’ve altered this to reflect that the alterations to the notes could have come from Flynn’s team, which might explain why Sidney Powell was so nasty about Strzok’s lawyer’s letter yesterday.

In Letter Confirming DOJ Altered Peter Strzok’s Notes, His Lawyer Identifies Additional Privacy Act Violations

Among a slew of last minute documents submitted in advance of today’s hearing in the Mike Flynn case, Peter Strzok’s lawyer, Aitan Goelman, confirmed what I laid out here and here: DOJ altered some of the exhibits submitted in their effort to blow up Flynn’s prosecution.

Some of Mr. Strzok’s notes included in this attachment appear to have been altered. On at least two occasions, there were handwritten additions, not written by Mr. Strzok, inserting dates, apparently designed to indicate the date or dates on which the notes were written. On at least one occasion, the date added is wrong and could be read to suggest that a meeting at the White House happened before it actually did.

Goelman included those both altered records pertaining to Strzok (there may be one related to Andrew McCabe as well), including the one that shows someone wanted to implicate Joe Biden in all this.

That may not be the most important thing Goelman established, however.

Among the things DOJ released the other night was yet another version of the Strzok and Lisa Page texts. When she sent them to Flynn’s lawyers, Jocelyn Ballantine admitted the relevant texts had been provided to Flynn in 2018, before he allocuted his guilty plea a second time.

We are also providing you with additional text messages between former DAD Strzok and Lisa Page (23516-23540). As you know, some of these messages were originally made available to Flynn’s former attorneys on March 13, 2018 through a publicly available link to a Senate webpage. On June 24, 2018, the government provided a link to a second website that contained additional text messages. In an abundance of caution, we are providing you additional text messages in this production; please note that purely personal messages have been deleted from this production.

DOJ seems to have re-released the texts in an effort knit together unrelated actions to suggest they all related to Mike Flynn. Among the texts included in this release, purportedly in support of blowing up Mike Flynn’s prosecution, I can identify texts pertaining to:

  • The investigation into Russia’s attack on the US
  • The Mid-Year Exam investigation into Hillary’s server
  • The general Crossfire Hurricane investigation
  • Extensive efforts to ensure the Crossfire Hurricane investigation remained secret
  • Efforts to ensure that Obama officials didn’t politicize the Mike Flynn intercepts
  • Specific Crossfire Hurricane sub-investigations, including substantial threads pertaining to Carter Page and George Papadopoulos
  • The opening of the Jeff Sessions false statements investigation
  • The bureaucratic set-up of the Mueller investigation
  • References to Kevin Clinesmith (and possibly some references to other Kevins)
  • Substantive critiques of Donald Trump (for example, pertaining to his desire to blow up NATO)
  • Discussions of Trump sharing highly classified Israeli intelligence with the Russians
  • Proactive ethical discussions about how to deal with the appointment of Rudolph Contreras, whom Strzok was friends with, to the FISA Court
  • Leak investigations, both into stories pertaining to Flynn or Trump and stories not related to Trump
  • Unrelated FISA applications
  • 702 reauthorization
  • Apparently unrelated cases, including things like CFIUS reviews

There are long swaths with half the side of the conversation left out, hiding what are clear changes of topic.

Then there are personal details, like talks about showers and anniversaries, as well as some emotional chatter and one declaration of love.

That makes Ballantine’s claim that, “purely personal messages have been deleted from this production,” utterly damning, particularly given the timing, September 23, and the fact that unlike past productions, this was not noticed to the docket in real time.

“Did your anniversary go ok? I don’t really want a lot of deta[]” is by any sane measure a purely personal message. It was not deleted or redacted from this production.

What DOJ decided to do, just days before a decision in the parallel lawsuits Strzok and Page have against DOJ alleging a violation of the Privacy Act for the release of personal information, was to release more personal information, information that had — in the past, under an earlier purported ethics review of what was releasable — been deemed personal information.

DOJ knit together a bunch of texts that DOJ admits were already public before Flynn allocuted his guilty plea a second time, but threw in yet more personal texts.

And then, on September 25, Amy Berman Jackson ruled that Page and Strzok should both get discovery to prove their Privacy Act (and in Strzok’s case, other claims) cases. That makes all of this — all the decisions that led up to to the release of these texts — discoverable in what I assume will be an expanded Privacy Act lawsuit.

It’s unclear what malicious thinking led DOJ to include more texts attempting to humiliate Strzok and Page (even while providing a slew of other information making it clear that Strzok did not have it in for Flynn). But they just likely made this entire process subject to discovery in a lawsuit overseen by Amy Berman Jackson.

Roger Stone Demanded Lists from Rick Gates at Least Nine Times During the 2016 Election

For a whole slew of reasons, I want to point out a detail in an exhibit released in Roger Stone’s trial: He asked for “lists” — once explicitly described as donor lists, but described as voter registration lists by Stone’s attorney, Bruce Rogow, at trial — from Rick Gates at least nine times:

4/30/16, 2:37:22 PM [Stone to Gates]: Obtain the donor list- I Need it soon to effect [sic] California!!

5/11/16, 7:16:14 AM [Stone to Gates]: Get the list. I don’t care about anything else.

5/11/16, 1:08:05 PM [Stone to Gates]: Get the list !!!!!!!

5/13/16, 1:52:51 AM [Stone to Gates]: Tried – corey trying desperately to tie me to New PAC and Trump seems to be unaware that this PA

5/13/16, 1:15:31 AM [Gates to Stone]: New updates.

5/13/16, 1:32:00 PM [Stone to Gates]: Can make sure Manafort makes sure Trump knows about Sovereignty PAC-???

5/15/16, 2:36:32 PM [Gates to Stone]: Did you see the positive press o. AS PAC? Hope it holds.

5/17/16, 3:54:53 PM [Stone to Gates]: Get the list.

5/17/16, 7:19:20 PM[Stone to Gates]: Get the list – “u need to reconcile against FEC report” crucial

6/21/16, 3:54:40 PM [Stone to Gates]: Lists Friday ??? please

7/2/16, 5:59:17 PM [Stone to Gates]: Lists? You said last weds

9/21/16, 10:30:25 PM [Stone to Gates]: Please get me lists – please.

9/26/16, 8:30:22 PM [Stone to Gates]: Lists????

9/28/16, 1:43:14 AM [Stone to Gates]: Are u going to send me the lists in time for me to use? do me no good after the election

10/19/16, 5:00:14 PM [Stone to Gates]: Lists…..pls

It’s not entirely clear why they were included at trial. The government had talked about introducing 404b information showing Stone illegally coordinating with the campaign, but there was more focus, on that point, on Stone’s discussions with Steve Bannon about obtaining funding from Rebekah Mercer while the latter was campaign manager.

Perhaps the defense wanted to include these exchanges as proof that Stone’s conversations with Gates focused more often on lists than on WikiLeaks. In his cross examination of Gates, Rogow got Trump’s former Deputy Campaign Manager to confirm that Stone, “continually asked questions about voter registration lists.”

Q. Mr. Stone’s role in the campaign dealt with voter registration lists, primarily, didn’t it?

A. I didn’t know what Mr. Stone was responsible for prior to when I arrived. When I arrived, Mr. Stone had already left the campaign.

Q. Did Mr. Stone continually ask questions about voter registration lists?

A. He did.

To be clear: I’m completely agnostic what Stone’s requests were about. But there are a slew of possibilities.

One reason I raise it — given a Campaign Legal Center complaint to the FEC, alleging that Trump laundered $170 million in campaign funding through Brad Parscale’s firms and news today of Parscale’s attempt at self-harm yesterday — pertains to some comments that Paul Manafort made in a September 27, 2016 interview:

Stone had a PAC that was not well funded and he wanted Manafort to designate it as the favored PAC for the campaign, but Manafort did not want to. Lewandowski also had a PAC and wanted the same thing, and Manafort did not want to deal with internal politics related to their PACs. He thought it was a good idea to have a designated PAC, he just did not want it to be either Stone’s or Lewandowski’s.

[snip]

Manafort was not sure how Stone made his money. Manafort knew Stone wrote books and gave speeches and did some consulting. Manafort knew Stone was working on a book about the Trump campaign and consulted with different candidates and on various referenda. Manafort did not know Stone’s client base. Manafort was not familiar with the company Citroen.

Manafort’s comments are positively hilarious. He presents this as a battle between Stone and Corey Lewandowski over who could make the most profit off of illegally coordinating with the campaign. That battle was real, and cut throat.

But at the time Stone and Lewandowski were fighting that out, Manafort’s allies had their own PAC that prosecutors at least suspected that Manafort used as a kick back system to get paid. Manafort didn’t want anyone else to be the official illegally coordinating campaign, presumably, because he wanted his PAC to have that role. And at the time Manafort made this comment in September 2018, he was pretty aggressively trying to hide how his own PAC worked.

The investigation into Manafort’s PAC has been closed, whether because Bill Barr shut it down or prosecutors gave up trying to untangle it.

But the CLC complaint into Trump’s current campaign alleges that one of Parscale’s firms, American Made Media Holding Corporation, serves as a pass through for campaign vendor services that are therefore improperly shielded from campaign finance reporting.

Approximately one month after AMMC’s formation, the Trump campaign began reporting sizable payments to AMMC, and AMMC soon became the Trump campaign’s largest vendor. Since 2019, the Trump campaign has reported paying $106 million to AMMC for an array of general purposes, including placed media, consulting, online advertising, SMS advertising, and more; the Trump Make America Great Again Committee has reported over $61 million in payments to AMMC, largely for online advertising.

Available evidence indicates that AMMC is not directly providing those services to the Trump campaign, but instead is acting as a “clearinghouse”10 that disburses Trump campaign funds to other vendors, “effectively shielding the identities of the underlying contractors being paid for Trump campaign work.”11 In several instances, Trump campaign officials and public reports have described other firms as major contractors providing services to the Trump campaign, yet those contractors’ names do not appear on the Trump campaign’s reports filed with the Commission; instead, it appears that the Trump campaign reports payments to AMMC, which then passes on the funds to the intended payees.

For example, Trump campaign officials have spoken publicly about directing and managing the development of a mobile app produced by the software company Phunware, yet the Trump campaign has not reported direct payments to the company. Other public records suggest that the Trump campaign is contracting with Realtime Media and Opn Sesame— firms headed by the Trump campaign’s digital director, Gary Coby12—yet neither firm has appeared on the campaign’s reports filed with the FEC. Federal Communications Commission (“FCC”) records show that the Trump campaign’s ads are placed by the firm Harris Sikes Media, but the campaign has not reported payments to that firm during the 2019-20 election cycle. Available evidence indicates that the Trump campaign is selecting, directing, and controlling these vendors and their work, yet is failing to report payments to the firms and is instead using AMMC as a conduit for its payments to the firms. Other possible vendors that the campaign may be paying through AMMC, such as those providing services for direct mail, software, subscriptions, or video production—all services for which the campaign has also described paying AMMC this cycle—are not ascertainable through public records.

In addition, CLC reviews some of the reporting that Parscale pays a number of people — notably Don Jr’s girlfriend and Eric Trump’s wife — for their work on the campaign.

Additionally, the Trump campaign is currently paying Parscale Strategy, the consulting firm of former Trump campaign manager Brad Parscale, approximately $48,000 a month for “strategy consulting,” and, according to multiple media reports, using Parscale Strategy as a conduit for salary payments to particular campaign staff.13

[snip]

Similarly, in a July 15, 2020 article reporting on Parscale’s change of position within the campaign, the Washington Post reported that Parscale’s “firm, Parscale Strategy, bills for the campaign salaries of Lara Trump and Kimberly Guilfoyle, the wife and girlfriend respectively of Trump’s two oldest sons, Eric and Donald Jr.”93

In the 2020 cycle, the Trump campaign has not directly reported making any salary payments to campaign manager Brad Parscale, nor has it reported any salary payments to Kimberly Guilfoyle or Lara Trump.94

This is the kind of scheme that the NYT described in its blockbuster report on Trump’s tax returns, though in that case the “consultant” was Ivanka.

Examining the Trump Organization’s tax records, a curious pattern emerges: Between 2010 and 2018, Mr. Trump wrote off some $26 million in unexplained “consulting fees” as a business expense across nearly all of his projects.

In most cases the fees were roughly one-fifth of his income: In Azerbaijan, Mr. Trump collected $5 million on a hotel deal and reported $1.1 million in consulting fees, while in Dubai it was $3 million with a $630,000 fee, and so on.

Mysterious big payments in business deals can raise red flags, particularly in places where bribes or kickbacks to middlemen are routine. But there is no evidence that Mr. Trump, who mostly licenses his name to other people’s projects and is not involved in securing government approvals, has engaged in such practices.

Rather, there appears to be a closer-to-home explanation for at least some of the fees: Mr. Trump reduced his taxable income by treating a family member as a consultant, and then deducting the fee as a cost of doing business.

The “consultants” are not identified in the tax records. But evidence of this arrangement was gleaned by comparing the confidential tax records to the financial disclosures Ivanka Trump filed when she joined the White House staff in 2017. Ms. Trump reported receiving payments from a consulting company she co-owned, totaling $747,622, that exactly matched consulting fees claimed as tax deductions by the Trump Organization for hotel projects in Vancouver and Hawaii.

When CLC filed an FEC complaint against the grift of Lev Parnas and Igor Fruman in 2018, they shared the complaint with SDNY, which is what led to the prosecution of Rudy’s grifters. Here, the appropriate venue would likely be FL or TX (so less likely to pursue a vigorous investigation), but given CLC’s past practice, one should assume it’s likely the information was shared.

In 2016, Trump engaged in all sorts of dodgy campaign financing. But possibly because his key advisors were in such a cutthroat competition with each other, only the now-closed Manafort investigation and the inauguration funding got much scrutiny.

But now, with everything centralized in Parscale’s sports cars, it may be easier to see the grift.

Then there’s what Cambridge Analytica did, some independently and some with the campaign. Channel 4 in the UK has a story today on how aggressively Trump suppressed the black vote.

Finally, I think it’s also important to note that Trump’s Deputy Campaign Manager was being asked (there’s only one indication, May 13, 2016, that Gates delivered, and even that’s not definite) to provide Trump’s rat-fucker with voting lists in a parallel time table as he was providing Russian intelligence officer Konstantin Kilimnik polling data. In September, Russian hackers would spend much of the month making copies of Hillary’s analytics on AWS.

In any case, Trump continues to be surrounded by people who are clearly grifting off their work with him, without much clarity on how they’re doing so and what the implications of all that are.

Why a Clinton Foundation/Crossfire Hurricane Comparison Might Backfire

Billy Barr has suggested a couple of times that if Trump wins, he’ll shut down the Durham inquiry.

A story from NYT may provide some insight as to why (and also might explain why Nora Dannehy resigned). John Durham is comparing the decisions made on the Clinton Foundation investigation with those made on the Crossfire Hurricane investigation.

Mr. Durham, the U.S. attorney in Connecticut assigned by Mr. Barr to review the Russia inquiry, has sought documents and interviews about how federal law enforcement officials handled an investigation around the same time into allegations of political corruption at the Clinton Foundation, according to people familiar with the matter.

As NYT explains it, the basis of comparison is that when FBI agents tried to use the Clinton Cash book to get a subpoena, they were shot down, whereas the FBI did use oppo research — the Steele dossier — to get the Carter Page FISA.

The allegations against Mrs. Clinton were advanced in the book “Clinton Cash,” by Peter Schweizer, a senior editor at large at Breitbart News, the right-wing outlet once controlled by Mr. Trump’s former top aide Stephen K. Bannon. The book contained multiple errors, and the foundation has dismissed its allegations.

But the book caught the attention of F.B.I. agents, who viewed some of its contents as additional justification to obtain a subpoena for foundation records.

Top Justice Department officials denied a request in 2016 from senior F.B.I. managers in Washington to secure a subpoena, determining that the bureau lacked a sufficient basis for it and that the book had a political agenda, former officials said. Some prosecutors at the time felt the book had been discredited.

The decision frustrated some agents who believed they had enough evidence beyond the book, including a discussion that touched on the foundation and was captured on a wiretap in an unrelated investigation. Other F.B.I. officials at the time believed the conversation’s relevance to the foundation case was tenuous at best.

The disagreement erupted anew later in the summer of 2016, when a top Justice Department official suspected that F.B.I. agents in New York were trying to persuade federal prosecutors in Brooklyn to authorize a subpoena after the department’s officials in Washington had declined such a request. By the time the F.B.I. officials revisited the issue, the Justice Department officials were also concerned that serving subpoenas would violate the practice of avoiding such investigative activity so close to an election.

One obvious conclusion from this might be that, had the FBI vetted the Steele dossier the way they did the Clinton Cash book, they would have discovered problems and not obtained the application. (Never mind that the FBI was targeting a guy who might have been and later on did victimize Trump by claiming he represented him on Ukrainian matters, rather than Trump himself.)

It’s a fair point, if you ignore that Christopher Steele was an established informant.

But the comparison could also backfire in spectacular fashion.

After all, after multiple Inspector General reviews, Michael Horowitz never found proof that any political bias from Peter Strzok or others influenced an investigative decision. He did, however, show that the FBI agent running an informant on the Clinton Foundation was biased.

We reviewed the text and instant messages sent and received by the Handling Agent, the co-case Handling Agent, and the SSA for this CHS, which reflect their support for Trump in the 2016 elections. On November 9, the day after the election, the SSA contacted another FBI employee via an instant messaging program to discuss some recent CHS reporting regarding the Clinton Foundation and offered that “if you hear talk of a special prosecutor .. .I will volunteer to work [on] the Clinton Foundation.” The SSA’s November 9, 2016 instant messages also stated that he “was so elated with the election” and compared the election coverage to “watching a Superbowl comeback.” The SSA explained this comment to the OIG by saying that he “fully expected Hillary Clinton to walk away with the election. But as the returns [came] in … it was just energizing to me to see …. [because] I didn’t want a criminal to be in the White House.”

On November 9, 2016, the Handling Agent and co-case Handling Agent for this CHS also discussed the results of the election in an instant message exchange that reads:

Handling Agent: “Trump!”

Co-Case Handling Agent: “Hahaha. Shit just got real.”

Handling Agent: “Yes it did.”

Co-Case Handling Agent: “I saw a lot of scared MFers on … [my way to work] this morning. Start looking for new jobs fellas. Haha.”

Handling Agent: “LOL”

Co-Case Handling Agent: “Come January I’m going to just get a big bowl of popcorn and sit back and watch.”

Handling Agent: “That’s hilarious!” [my emphasis]

And, as Peter Strzok has said repeatedly, had he really wanted to sabotage Trump’s election, he would have leaked details of the investigation, particularly after, in August 2016, he was shot down in his effort to investigate more aggressively by doing things like issue a subpoena.

In precisely the same situation, the Clinton Foundation Agents did leak details of the investigation, and in fact did have an effect on the election.

Hell, if Durham were allowed to continue down this path of comparison, we might finally figure out which New York Field Office were leaking rampantly during the election, leading to promises of indictments on Fox News.

Wherein WikiLeaks Brags about Entertaining a Pardon Dangle from a Suspected Russian Asset and a White Supremacist

Yesterday, Julian Assange’s lawyer Jennifer Robinson had a statement (which has not been released) read at his extradition hearing describing that she witnessed a meeting between Assange and Dana Rohrabacher on August 15, 2017 (Neo-Nazi Chuck Johnson was also present), where the Congressman said he had a win-win deal to offer: Trump would pardon Julian Assange if Assange would say that the source of the stolen DNC emails was not Russia.

Robinson stated that Assange did not disclose the source. Based on reports, though, she did not appear to deny that Assange had claimed his source was not Russia, which is what Rohrabacher reported at the time.

A lawyer representing the United States did not contest Robinson’s report, agreeing that the offer occurred. But representatives from the US did state that Trump had not agreed to it (which, without access to the exact statement, could mean any thing, but Trump certainly hasn’t pardoned Assange, yet).

Amid a laudable parade of arguments at Assange’s extradition hearing about the Espionage Act and discussions of all the important disclosures associated with the 2010 WikiLeaks releases for which Julian Assange is fighting extradition — including testimony read from German torture victim Khaled al-Masri, one of the first times he has had his say in public — including this statement was a cynical, and I would argue, damning, ploy.

In spite of the frenzy from the US press about the statement, the claim is not new. It was reported immediately by the Daily Caller (I covered that report here). Then Assange tweeted and then released on Facebook a statement asserting that reports from others should not be deemed authoritative. “Only unmediated statements coming directly from me can be considered authoritative.” Rohrabacher issued a statement, in which he promised to divulge what Assange stated to Trump.

Neither explicitly admitted what was obvious, that it was a pardon quid pro quo.

In a follow-up interview with the Daily Caller, Rohrabacher claimed not to remember whether he spoke to anyone at the White House about the meeting. Then, in a follow-up interview with Sean Hannity, Rohrabacher said, “It is my understanding from other parties who are trying to arrange the rendezvous that a rendezvous with myself and the President is being arranged for me to give him the firsthand information from him.” Earlier this year (when WikiLeaks announced that Robinson was going to resuscitate this story), Kim Dot Com released texts describing how he had pushed Trump’s best friend (whom he claimed not to identify) to accept the deal.

Those texts identified the best friend as Sean Hannity, the same guy who hosted Rohrabacher to explain that, “other parties [were] trying to arrange the rendezvous that a rendezvous with myself and the President is being arranged for me to give him the firsthand information from him.”

Ultimately, Chief of Staff John Kelly refused to let the President meet with Rohrabacher, just like he refused other agents of disinformation about the Russian hack to meet with him in the same period.

Mr. Rohrabacher confirmed he spoke to Mr. Kelly this week but declined to discuss the content of their conversation. “I can’t confirm or deny anything about a private conversation at that level,” he said in a brief interview. He declined to elaborate further.

A Trump administration official confirmed Friday that Mr. Rohrabacher spoke to Mr. Kelly about the plan involving Mr. Assange. Mr. Kelly told the congressman that the proposal “was best directed to the intelligence community,” the official said. Mr. Kelly didn’t make the president aware of Mr. Rohrabacher’s message, and Mr. Trump doesn’t know the details of the proposed deal, the official said.

In the call with Mr. Kelly, Mr. Rohrabacher pushed for a meeting between Mr. Assange and a representative of Mr. Trump, preferably someone with direct communication with the president.

On its face, the pardon dangle story proves only that Julian Assange was willing to meet with someone widely presumed to be Russian asset, Dana Rohrabacher, and a far right white nationalist to help float false claims about Russia’s role in getting Trump elected. It also proves that, at the time (when Trump was desperately trying to shut down the investigation into his coordination with Russia in the 2016 election and one after another were giving false prepared statements denying such coordination), the President had a Chief of Staff with the ability to look out after his legal interests.

And while I doubt lawyers for the US will go there, in context, the fact that WikiLeaks’ defense team presented just one of the at least four pardon dangles — including one for which the import of Russian disinformation is more obvious than others — is a testament to the degree to which the true story of those pardon discussions would make WikiLeaks’ compromise by Russia clear.

Here are the known discussions of pardons since WikiLeaks released emails in such a way as to optimize their benefit to getting authoritarian torture fan Donald Trump elected.

  • Starting at least by November 16 (and probably earlier) and lasting at least through January 11, 2018, Roger Stone tried to broker a pardon; according to sworn testimony by Randy Credico, Margaret Kunstler was involved in this effort (and threatening to expose whatever role Kunstler had in the process is one of the ways Stone used to discourage Credico’s testimony).
  • Starting at least by January 12 and continuing until at least March 28, 2017, Adam Waldman — the lawyer that Assange shared with Oleg Deripaska, whom the SSCI Report shows had a central role in the 2016 operation — tried to negotiate a deal via which Assange would provide limited information to mitigate the harm of the Vault 7 leak and DOJ (or if that failed, SSCI) would give him immunity, effectively a pardon. Given WikiLeaks’ history of sharing raw documents with Russia and others, the entrée would have come long after WikiLeaks had had the opportunity to broker the files, which would have helped Russia not only identify CIA’s hacks of Russian computers, but also NOCs working for CIA. (I’ve started to wonder whether the Russian treason case from late 2016 has a tie.) John Solomon — who has spread Deripaska’s propaganda before — even blamed Jim Comey for the compromise that resulted. In short, the offer was far too late to be meaningful, but it was an effort to give Assange impunity for burning the CIA to the ground.
  • From August to October 2017, Rohrabacher pursued his pardon for disinformation deal.
  • Last week, in the guise of defending journalism, Glenn Greenwald went on Tucker Carlson’s show (where a number of people have successfully lobbied for a pardon) and pitched pardons for both Assange and Ed Snowden not, as he claimed, out of any defense of journalism or whistleblowers — both things that Trump affirmatively reviles — but instead because it’s a great way to stick it to the Obama Deep State.

So one pardon pitch immediately after Assange worked with Russia to get Trump elected, another one brokered by Oleg Deripaska’s lawyer, a third pitched by a Congressman widely believed to be a Russian asset, and finally Glenn’s pitch for a pardon as a great way to do damage to the intelligence community.

Not only did Russia figure in all of those pardon dangles, but each was pitched not as a way to honor Assange’s debt to journalism, but instead to serve Russia’s purposes. And for some reason WikiLeaks thinks that raising just one of these — while remaining silent about perhaps the most damning pardon dangle — helps prove its case that Julian Assange is a journalist and not the Russian spy the prosecutors in this case claim to believe he is.

Really Big Girl

Yeah, she was that and everything. RBG became a thing, not just in hip hop, but popular culture.

And she earned every ounce of it.

I once knew Sandra Day. Was she as much of a hero, especially to progressives that I would rather associate with? Nope.

But RBG came to be the successor, and a beyond awesome one. She set the scene. The scene that now lets Sotomayor and Kagan be on the court.

But, now, what? McConnell and Trump have laid clear their intentions. When evil jackasses tell you who they are, believe them.

RBG did not make it to the final lap. But you can. Know what is at stake, and get off your ass. The one thing the Democrats have never taken seriously enough is courts and judicial policy. I have been screaming this forever. So has has Dahlia Lithwick.

It is time for better attention to be paid.

Bill Barr’s Screed Is About Mike Flynn, Nora Dannehy, and Robert Mueller

Bill Barr delivered a remarkable screed last night at the radical right Hillsdale College. Numerous people have and will unpack both the glaring contradictions and the dangerous assertions in it.

But I want to point out that it is quite obviously about Barr’s attempts to overturn the prosecutions of Trump’s flunkies for covering up their efforts to help Russia interfere in the election.

A big part of it is targeted towards independent counsels (though, tellingly, Barr assails the independent counsel statute that used to be, not the one that left Robert Mueller closely supervised by Rod Rosenstein).

As Justice Scalia observed in perhaps his most admired judicial opinion, his dissent in Morrison v. Olson: “Almost all investigative and prosecutorial decisions—including the ultimate decision whether, after a technical violation of the law has been found, prosecution is warranted—involve the balancing of innumerable legal and practical considerations.”

And those considerations do need to be balanced in each and every case.  As Justice Scalia also pointed out, it is nice to say “Fiat justitia, ruat coelum. Let justice be done, though the heavens may fall.”  But it does not comport with reality.  It would do far more harm than good to abandon all perspective and proportion in an attempt to ensure that every technical violation of criminal law by every person is tracked down, investigated, and prosecuted to the Nth degree.

[snip]

This was of course the central problem with the independent-counsel statute that Justice Scalia criticized in Morrison v. Olson.  Indeed, creating an unaccountable headhunter was not some unfortunate byproduct of that statute; it was the stated purpose of that statute.  That was what Justice Scalia meant by his famous line, “this wolf comes as a wolf.”  As he went on to explain:  “How frightening it must be to have your own independent counsel and staff appointed, with nothing else to do but to investigate you until investigation is no longer worthwhile—with whether it is worthwhile not depending upon what such judgments usually hinge on, competing responsibilities.  And to have that counsel and staff decide, with no basis for comparison, whether what you have done is bad enough, willful enough, and provable enough, to warrant an indictment.  How admirable the constitutional system that provides the means to avoid such a distortion.  And how unfortunate the judicial decision that has permitted it.”

Justice Jackson understood this too.  As he explained in his speech:  “If the prosecutor is obliged to choose his cases, it follows that he can choose his defendants. Therein is the most dangerous power of the prosecutor: that he will pick people that he thinks he should get, rather than pick cases that need to be prosecuted.”  Any erosion in prosecutorial detachment is extraordinarily perilous.  For, “it is in this realm—in which the prosecutor picks some person whom he dislikes or desires to embarrass, or selects some group of unpopular persons and then looks for an offense, that the greatest danger of abuse of prosecuting power lies. It is here that law enforcement becomes personal, and the real crime becomes that of being unpopular with the predominant or governing group, being attached to the wrong political views, or being personally obnoxious to or in the way of the prosecutor himself.”

And part of it is a restatement of the arguments Acting Solicitor General Jeff Wall made before the DC Circuit, arguing that even bribery was not reason for a judge to override DOJ’s decisions on prosecutions.

I want to focus today on the power that the Constitution allocates to the Executive, particularly in the area of criminal justice.  The Supreme Court has correctly held that, under Article II of the Constitution, the Executive has virtually unchecked discretion to decide whether to prosecute individuals for suspected federal crimes.  The only significant limitation on that discretion comes from other provisions of the Constitution.  Thus, for example, a United States Attorney could not decide to prosecute only people of a particular race or religion.  But aside from that limitation — which thankfully has remained a true hypothetical at the Department of Justice — the Executive has broad discretion to decide whether to bring criminal prosecutions in particular cases.

And the rest suggests that career prosecutors have been putting targets on the heads of politically prominent people and pursuing them relentlessly.

Once the criminal process starts rolling, it is very difficult to slow it down or knock it off course.  And that means federal prosecutors possess tremendous power — power that is necessary to enforce our laws and punish wrongdoing, but power that, like any power, carries inherent potential for abuse or misuse.

[snip]

Line prosecutors, by contrast, are generally part of the permanent bureaucracy.  They do not have the political legitimacy to be the public face of tough decisions and they lack the political buy-in necessary to publicly defend those decisions.  Nor can the public and its representatives hold civil servants accountable in the same way as appointed officials.  Indeed, the public’s only tool to hold the government accountable is an election — and the bureaucracy is neither elected nor easily replaced by those who are.

[snip]

We want our prosecutors to be aggressive and tenacious in their pursuit of justice, but we also want to ensure that justice is ultimately administered dispassionately.

We are all human.  Like any person, a prosecutor can become overly invested in a particular goal.  Prosecutors who devote months or years of their lives to investigating a particular target may become deeply invested in their case and assured of the rightness of their cause.

When a prosecution becomes “your prosecution”—particularly if the investigation is highly public, or has been acrimonious, or if you are confident early on that the target committed serious crimes—there is always a temptation to will a prosecution into existence even when the facts, the law, or the fair-handed administration of justice do not support bringing charges.

[snip]

That is yet another reason that having layers of supervision is so important.  Individual prosecutors can sometimes become headhunters, consumed with taking down their target.  Subjecting their decisions to review by detached supervisors ensures the involvement of dispassionate decision-makers in the process.

And it excuses, in one sentence, calling for probation even after a just prosecution.

Other times it will mean aggressively prosecuting a person through trial and then recommending a lenient sentence, perhaps even one with no incarceration.

Of course, none of this makes sense, and Barr’s own behavior — from removing Senate confirmed US Attorneys to put in people accountable only to him, from seeking prosecution of Democratic officials, and from launching the Durham investigation because he was just certain there was criminal wrong-doing in the Russian investigation — belies his words.

Perhaps it does so in the most basic way. If we hold our Attorney General politically accountable through elections, then we need to make sure elections are fair. We definitely need to make sure that elections are not influenced by hostile foreign powers cooperating with one candidate. The 2016 election wasn’t fair, and Bill Barr is doing his damndest to make sure the voters won’t be able to use the 2020 election to hold him politically accountable for interfering with the punishment of those who worked to cheat.

Because of Barr’s corrupt view on cheating at elections, he ensures that Vladimir Putin has more say over who gets prosecuted than experienced American prosecutors.

Roger Stone’s Call for Donald Trump to Steal the Election Simply Continues His Efforts from 2016

As Media Matters reported the other day, on an InfoWars appearance the other day, the President’s rat-fucker, Roger Stone, called for Donald Trump to seize ballots in Democratic parts of Nevada claiming voter fraud, send federal forces to disrupt the election, and invoke the Insurrection act to start arresting his opponents.

During his September 10 appearance on The Alex Jones Show, Stone declared that the only legitimate outcome to the 2020 election would be a Trump victory. He made this assertion on the basis of his entirely unfounded claim that early voting has been marred by widespread voter fraud.

Stone argued that “the ballots in Nevada on election night should be seized by federal marshalls and taken from the state” because “they are completely corrupted” and falsely said that “we can prove voter fraud in the absentees right now.” He specifically called for Trump to have absentee ballots seized in Clark County, Nevada, an area that leans Democratic. Stone went on to claim that “the votes from Nevada should not be counted; they are already flooded with illegals” and baselessly suggested that former Sen. Harry Reid (D-NV) should be arrested and that Trump should consider nationalizing Nevada’s state police force.

Beyond Nevada, Stone recommended that Trump consider several actions to retain his power. Stone recommended that Trump appoint former Rep. Bob Barr (R-GA) as a special counsel “with the specific task of forming an Election Day operation using the FBI, federal marshals, and Republican state officials across the country to be prepared to file legal objections and if necessary to physically stand in the way of criminal activity.”

Stone also urged Trump to consider declaring “martial law” or invoking the Insurrection Act and then using his powers to arrest Facebook CEO Mark Zuckerberg, Apple CEO Tim Cook, “the Clintons” and “anybody else who can be proven to be involved in illegal activity.”

While MMFA notes that Stone was instrumental in setting up the Brooks Brothers riot in 2000, it doesn’t note how Stone’s calls simply continue his efforts from 2016.

Roger Stone spent significant time in 2016 — particularly in the first half of August, the same period when he appears to have gotten advance knowledge of WikiLeaks’ upcoming leaks — predicting the election would be rigged against Donald Trump.

Closer to the election, Stone’s efforts to use “exit pollers” (which, this year, he wants to federalize) to suppress minority voters mirrored efforts made by Guccifer 2.0 (and, we’ve since learned, Maria Butina and Sergei Kislyak).

Stone’s voter suppression effort is not surprising. It’s the kind of thing the rat-fucker has been doing his entire life.

Except it’s of particular interest in 2016 because of the specific form it took. That’s because two aspects of Stone’s voter suppression efforts paralleled Russian efforts. For example, even as Stone was recruiting thousands of “exit pollers” to intimidate people of color, Guccifer 2.0 was promising to register as an election observer, in part because of the “holes and vulnerabilities” in the software of the machines.

INFO FROM INSIDE THE FEC: THE DEMOCRATS MAY RIG THE ELECTIONS

I’d like to warn you that the Democrats may rig the elections on November 8. This may be possible because of the software installed in the FEC networks by the large IT companies.

As I’ve already said, their software is of poor quality, with many holes and vulnerabilities.

I have registered in the FEC electronic system as an independent election observer; so I will monitor that the elections are held honestly.

I also call on other hackers to join me, monitor the elections from inside and inform the U.S. society about the facts of electoral fraud.

More interesting still, the GRU indictment makes it clear that GRU’s information operation hackers were probing county electoral websites in swing states as late as October 28.

In or around October 2016, KOVALEV and his co-conspirators further targeted state and county offices responsible for administering the 2016 U.S. elections. For example, on or about October 28, 2016, KOVALEV and his co-conspirators visited the websites of certain counties in Georgia, Iowa, and Florida to identify vulnerabilities.

Whether or not GRU ever intended to alter the vote, Russia’s propagandists were providing the digital “proof” that Republicans might point to to sustain their claims that Democrats had rigged the election.

That is, it’s not just that Roger Stone did what Roger Stone always does, cheat, in really cynical ways.

It’s also that Stone’s efforts closely paralleled those of Russian intelligence operatives, as they worked hard to get Trump elected.

And that curious parallel raises the stakes for Stone on this election.

That’s because, as of April, there were court filings targeting Roger Stone that invoked conspiracy and Foreign Agent charges that remained substantially redacted, presumably because the investigation was ongoing. The most recent BuzzFeed FOIA release (which leaves unredacted or redacts under privacy claims materials that in past releases were redacted for ongoing investigations) seems to reflect that any ongoing investigation has been finished or killed by Billy Barr. That’s not surprising, given that Barr’s intervention in Stone’s sentencing led the four prosecutors who had been working the case to resign. But it also means that if Trump is replaced by someone unwilling to save him from prison time, lapsed investigations (with statutes of limitation that extend at least until 2021) might become active again.

Roger Stone has already shown a willingness to sell out this country to get his friend Donald Trump elected. And since 2016, he has grown closer to sanctioned white supremacist groups sowing violence. Now, his freedom likely depends on finding a way to help Trump eke out another win. And Roger the rat-fucker has been training to thwart democracy his entire adult life.

No Honor Among Troll Faces: The Latest Lawfare against Prigozhin’s Trolls

Yesterday, Treasury sanctioned four people for election interference. Rudy Giuliani associate Andreii Derkach has gotten most of the attention. But Treasury also sanctioned three people associated with Yevgeniy Prigozhin’s troll operation.

Today, Treasury also designated three IRA actors pursuant to E.O. 13694, as amended by E.O. 13757, and E.O. 13848 for having acted or purported to act for or on behalf of, directly or indirectly, the IRA, an entity designated pursuant to E.O. 13694, as amended, and E.O. 13848. Russian nationals Artem Lifshits, Anton Andreyev, and Darya Aslanova, as employees of the IRA, supported the IRA’s cryptocurrency accounts. The IRA uses cryptocurrency to fund activities in furtherance of their ongoing malign influence operations around the world.

The identifying information announcement provides not just passport and date of birth information (which is normal), but for two of the sanctioned individuals, it includes 17 and 6 crypto-currency addresses, respectively.

ANDREYEV, Anton Nikolaeyvich (Cyrillic: АНДРЕЕВ, Антон Николаевич), 9 3 Bloshevikov Prospect Apt 35, Saint Petersburg, Russia; DOB 03 Mar 1985; POB Saint Petersburg, Russia; nationality Russia; Email Address [email protected]; Gender Male;

Digital Currency Address – XBT 1Fz29BQp82pE3vXXcsZoMNQ3KSHfMzfMe3;

alt. Digital Currency Address – XBT 1AeSq93WDNdLoEJ92sex7T8xQZoYYm8BtS;

alt. Digital Currency Address – XBT 1AoxtfiBQ22DvbhqAN9Ctb8sULMRhrdwTr;

alt. Digital Currency Address – XBT 18Qj1THHuETfYhuRDZycXJbWwDMGw73Poa;

alt. Digital Currency Address – XBT 1MnbhWe5wr7Ut45ReyQsm96PwnM9jD7KaH;

alt. Digital Currency Address – XBT 1DYFJ6CuBvrxyoQSuBzVsNcetY9tvdsrag;

alt. Digital Currency Address – XBT 15Pt4NwZaUmMUwS2bQbyyncc7mzgWShtv8;

alt. Digital Currency Address – XBT 1PhqQpaGCrqSxQ6QDXcv14QCd1U98Zp34E;

alt. Digital Currency Address – XBT 13YBQr2Cp1YY3xqq2qngaPb7ca1o4ugeq6;

alt. Digital Currency Address – XBT 1KgudqxMfYaGzqAA7MS4DcsqejtMteqhix;

alt. Digital Currency Address – XBT 1FRyL9gmFGbzfYDAB4iY9836DJe3KSnjP9;

alt. Digital Currency Address – XBT 1DbShx4r8i2XesthoDBf5EkYWz5dsKEusV;

Digital Currency Address – ETH 0x8576acc5c05d6ce88f4e49bf65bdf0c62f91353c;

Phone Number 79315403678;

Digital Currency Address – LTC LWnbjLYUfqeokfbWM4FcU7uk2FP2DSxuWS;

alt. Digital Currency Address – LTC LaYUy1DGfVSuSF5KbPhbLrm8kRotqiwUJn;

Digital Currency Address – ZEC t1WSKwCDL1QYRRUrCCknEs5tDLhtGVYu9KM;

Digital Currency Address – BSV 12sjrrhoFEsedNRhtgwvvRqjFTh8fZTDX9; Passport 4005504207 (Russia) (individual) [CYBER2] [ELECTION-EO13848].

[snip]

LIFSHITS, Artem Mikhaylovich (Cyrillic: ЛИФШИЦ, Артем Михайлович), Primorsky Prospect 159, Saint Petersburg 197374, Russia; DOB 26 Dec 1992; nationality Russia; Email Address [email protected]; alt. Email Address [email protected]; Gender Male;

Digital Currency Address – XBT 12udabs2TkX7NXCSj6KpqXfakjE52ZPLhz;

alt. Digital Currency Address – XBT 1DT3tenf14cxz9WFNxmYrXFbB6TFiVWA9U;

Digital Currency Address – ETH 0x901bb9583b24d97e995513c6778dc6888ab6870e;

alt. Digital Currency Address – ETH 0xa7e5d5a720f06526557c513402f2e6b5fa20b00;

Phone Number 79110354982;

Digital Currency Address – LTC Leo3j36nn1JcsUQruytQhFUdCdCH5YHMR3;

Digital Currency Address – DASH Xs3vzQmNvAxRa3Xo8XzQqUb3BMgb9EogF4; Passport 719032284 (individual) [CYBER2] [ELECTION-EO13848].

Yesterday, EDVA also announced a single criminal charge of conspiracy to commit wire fraud against one of the sanctioned people, Artem Lifshits, who in 2017 was head of the “Translator Department [or Project],” which is what the troll project focusing on the US is called. As the excerpt above notes, Lifshits actually got fewer of his cryptocurrency accounts sanctioned than another of the targets, Anton Andreyev.

I’d like to look at how the criminal complaint complements the two other sets of charges against Prigozhin’s troll operation, the indictment against 13 of the actual trolls as well as some of the companies involved (here’s a very long post on that prosecution), and Prigozhin himself and a complaint against one of the accountants involved, Elena Alekseevna Khusyaynova (here’s my post on that). Along with renewing and fleshing out the case against Prigozhin, the complaint may be an effort to sow discord within Prigozhin’s operation, by alerting him that some of his employees may be helping themselves to company troll funds.

The affidavit by a Secret Service Agent supporting the complaint incorporates the other two legal actions and includes them as exhibits to this charge. It even includes a footnote explaining why DOJ dismissed the charges against Prigozhin’s shell companies.

On March 16, 2020, the United States dismissed Concord Management and Consulting LLC from the Indictment. Concord “availed itself of the Court’s jurisdiction to obtain discovery from the United States . . . while positioning itself to evade any real obligations or responsibility,” even refusing to produce a corporate representative despite “appearing” through counsel. Mot. to Dismiss Concord Defs., 2, 6, United States v. Internet Research Agency, et. al, 1:18-cr-32 (DLF) (D.D.C. Mar. 16, 2020). In light of the defendant’s conduct, the United States dismissed these parties from the Indictment, stating substantial federal interests were no longer served by continuing the proceedings against them. See id. at 9. The Indictment remains pending and active as to thirteen named individual defendants and the IRA.

After some introductory matter, the affidavit:

  • Describes the Lakhta disinformation project generally, including a brief overview of its attempts to sow discord between December 2016 through May 2018, incorporating some but not all of the examples from the Khusyaynova complaint, and adding a few new ones, including three paragraphs on use, starting in July 2019 of a cover company located in Accra, Ghana.
  • Describes how in October 2018 the Secret Service started investigating the role of cryptocurrency in the operation.
  • Explains that Lifshits served as head of the Translator Department.
  • Describes how Lifshits transferred money from a BTC account opened using the stolen identity of “T.W.” to his own personal account, the central allegation of wire fraud laid out in the indictment.

The basic proof accusing Lifshits of using T.B.’s stolen identity to open a Bitcoin account that he then used to transfer money into his own account relies on very basic metadata analysis obtained using legal process:

  • Evidence backing the selectors of Lifshits tie to his biological person and one of the cryptocurrency accounts he transferred money into (including two other Internet troll employees’ address book entries with his phone number, one of which referred to him as “Troll Face”).
  • Evidence showing Lifshits applying to Project Lakhta in July 2015 and appearing on rosters of Project Lakhta employees dated January 28, 2017 to October 26, 2017.
  • A description of finding order confirmations in the known IRA email, allforusa, from a criminal marketplace that sold fraudulent identities (this might be Richard Pinedo’s site).
  • Two paragraphs describing interviews with T.W. and another identity theft victim, T.B.,  in which they said he had never owned any cryptocurrency themselves and had not authorized anyone to do so on their behalf.
  • IP analysis showing Lifshits accessing cryptocurrency addresses (including his own) from an IRA IP address, as well as from a US-based account set up using a stolen identity but controlled by IRA.
  • IP address analysis showing him accessing the T.W. cryptocurrency account at the same time he accessed one of his own accounts, into which he transferred funds.
  • User Agent String analysis showing those accounts being accessed by the same browser.
  • IP analysis establishing venue in EDVA via some AWS servers.

In other words, the complaint, after invoking the two other legal actions against IRA and Prigozhin, finds one manager amid Prigozhin’s employees and shows some very basic metadata evidence — relying on neither intelligence nor some of the more sophisticated blockchain analysis the US government would like to hide — to accuse the manager, Lifshits, of wire fraud because of a financial transfer involving the stolen identity of an American.

There are two interesting aspects of the complaint, besides the way it slowly builds the case against Prigozhin via interlocking accusations.

First, a key passage of all this describes that Lifshits made this transfer “for personal gain.”

60. On or about December 29, 2017, LIFSHITS accessed and used the T.W. Exchange 1 Account to conduct an electronic transfer of funds from the T.W. Exchange 1 Account to his personal Exchange 3 account. This transaction is publicly viewable on the Bitcoin blockchain and USSS confirmed its existence through other investigative means.

61. On or about December 29, 2017, LIFSHITS used United States IP Address 1 at 15:35 UTC to access his Exchange 3 account. Then, three minutes later, he used the same IP address to access the T.W. Exchange 1 Account. This is on the same day that the T.W. Exchange 1 Account sent an electronic funds transfer to LIFSHITS’ Exchange 3 account.

62. With this transaction, LIFSHITS (1) intentionally and voluntarily devised or participated in a scheme to defraud — as evidenced by controlling and using a fraudulent cryptocurrency account, and (2) used interstate wire communications to further the fraud — as evidenced by the online cryptocurrency transactions.

It doesn’t say, one way or another, whether this was a sanctioned transfer of funds out of an IRA-controlled account or not. The government may have used this 34-page affidavit not only to flesh out the case against Prigozhin, but also to reveal that one of his employees is bilking him, effectively stealing trolling funds.

But the complaint also mentions a Co-Conspirator 1, who along with Lifshits bought identities using cryptocurrency.

Law enforcement obtained a search warrant for the contents of the email account [email protected], which as stated above is associated with a cryptocurrency account linked to both LIFSHITS and Co-Conspirator 1. During a review of the emails, law enforcement located “Order Confirmation” emails received from an online criminal marketplace that sells fraudulent passports and similar identification documents (the “Criminal Marketplace”). These emails corresponded to purchases of United States driver licenses that reflected the real names, addresses, and dates of birth of United States identity theft victims. This type of personally identifiable information is a “means of identification” as defined in Title 18, United States Code, Section 1028(d)(7).

It describes Co-Conspirator 1 as the sole other beneficiary of transfers out of a different IRA trolling account (though also suggests that one of the guys charged in the larger indictment might also be conducting such transfers as well).

The T.W. Exchange 1 Account reflected debits to several beneficiaries, including accounts registered to LIFSHITS and another known Project Lakhta member (“Co-Conspirator 1”). The IP activity associated with the T.W. Exchange 1 Account also matched the IP address activity of cryptocurrency accounts registered to LIFSHITS and Vladimir Venkov, who is charged in the USAO-DC Indictment.

It then introduces an account based off a different stolen identity, that of T.B., from which funds were transferred into an account controlled by the Co-Conspirator.

USSS identified a second account, which was hosted at another United States cryptocurrency exchange (“Exchange 2”). The Exchange 2 account was registered to a known Project Lakhta email account, [email protected] (hereinafter the “AllforUSA Exchange 2 Account”).7 Project Lakhta members opened the AllforUSA Exchange 2 Account using the identifiers of T.B. According to Exchange 2’s records, Project Lakhta members solely funded the AllforUSA Exchange 2 Account with an incoming credit from an account also in the name of T.B. at a United States-based financial institution. This credit was used exclusively to fund outgoing payments to a Blockchain wallet that USSS investigators determined was controlled by Co-Conspirator 1.

Now, it may be that the government only introduced Co-Conspirator 1 to establish venue in EDVA (which went through the T.B. account).

But it sure sounds like it is describing Co-Conspirator 1 as engaging in the same kind of transfers from IRA accounts into his own personal accounts that it describes Lifshits as doing.

Perhaps stealing from the troll till is considered part of their official compensation (elsewhere, the complaint cites the salary of Lifshits, so the US government may know the answer). Or perhaps these guys whose cryptocurrency addresses just got published in a US sanction announcement have been stealing from Prigozhin, in which case the US Treasury just provided Prigozhin a lot of hints about how to prove it.

Racism and Russia: The Topics Brian Murphy Claims He Was Ordered to Lie About

Yesterday, Adam Schiff released the whistleblower complaint of Brian Murphy, who was recently demoted from his job in Homeland Security’s Office of Intelligence and Analysis because — he claims — he refused to make lie about what the intelligence showed to match President Trump’s preferred policy objectives.

The whole complaint is worth reading, and Murphy has been subpoenaed for a classified deposition on September 21, after which we may learn more about his complaints.

But I think it’s useful to pull out the topics about which he claims he or others lied:

  • To support President Trump’s claims to need a border wall, Murphy alleges, Kirstjen Nielsen substituted the number of “special interest aliens” — migrants from countries where there is significant terrorism, but against whom the US government has no reason to believe is tied to terrorism — for the number of “known and suspected terrorists,” effectively turning every person from a terrorism-affected country (presumably, with the exception of Saudi Arabia) into a terrorist.
  • Murphy also alleges that Nielsen substituted the number of KSTs who had ever applied for a visa or crossed a US border at any point, 3,755, for the number, 3, who had come across the southern border.
  • Murphy alleges that Ken Cuccinelli demanded that intelligence reports misreport the conditions of corruption, violence, and poor economic conditions in Guatemala, Honduras, and El Salvador (it’s not clear from the complaint whether Cuccinelli wanted I&A to downplay or exaggerate those conditions, but logically he probably wanted them to downplay the conditions that might support asylum claims).
  • Trump allegedly threatened to fire Murphy’s boss, David Glawe, after he refused to bow to pressure from Republicans on the House Committee for Homeland Security to deny Russian interference in the 2016 election.
  • On more 11 occasions spanning from March 2018 to May 2020, Murphy says he provided analysis about Russian influence, which led to several orders from his superiors either to downplay Russian interference or focus instead on Iranian and Chinese attempts to influence our elections.
  • In March 2020, DHS limited distribution of the Homeland Threat Analysis because of what it said about White Supremacy and Russian influence in the US; in May and June, 2020, Cuccinelli allegedly told Murphy to downplay the threat of White Supremacist terrorism and include claims about left wing terrorism. Ultimately, the document was released with sections on Antifa and anarchist groups that had not originally been there.
  • Between the end of May and July 31, 2020 (the day before Murphy was demoted), Murphy claims Cuccinelli and Chad Wolf ordered him to include claims about Antifa and anarchist groups in reports on Antifa that matched what Trump had already said publicly.

In short, Murphy claims he was ordered to lie about:

  • Both the reasons people migrate to the US and the degree to which migrants across the Southern border include possible terrorists
  • Russian interference and disinformation, past and present
  • The actual and relative danger of right wing terrorists and Antifa

These topics are important not just because they crystalize Trump’s ideology — racism and Russia — but also because people throughout government (most notably and dangerously the Attorney General) are lying about the same topics. Trump spends a lot of time gaslighting about these topics and trying to reassure suburban moms that he’s not a racist sponsored by Russia. But the bureaucratic abuses committed to back Trump’s lies make it clear what his ideology is and where his loyalties lie.

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