DOJ Claims Some Ongoing Investigation Mueller Report Redactions Pertain to the the Assange Prosecution

DOJ just filed their answers to Judge Reggie Walton’s questions in the EPIC/BuzzFeed FOIA for the Mueller Report. While those are entirely sealed, a new declaration from Vanessa Brinkmann is available, albeit in heavily redacted form.

One thing that’s not redacted, however, is the list of pending prosecutions pertaining to which information remains redacted. One of those is US v. Assange.

Information that is withheld pursuant to (b)(7)(A) and included in Exhibit A pertains to a number of pending law enforcement proceedings, including [US v. Internet] Research Agency LLC (Case No. 1:18-cr-32 (D.D.C.)), United States v. Khusyaynova (Case No. 1:18-mj-464 (E.D. Va.)), United States v. Netyksho (Case No. 1:18-cr-215 (D.D.C.)), United States v. Morenets (Case No. 2:18-cr-00263 (W.D. Pa.)), United States v. Assange (Case No. 1:18-cr-00111-CMH (E.D. Va.)), United States v. Kilimnik (Case No. 1:17-cr-201-3 (D.D.C.)), or ongoing law enforcement investigations conducted by the Department and the FBI.1

The first two of these are prosecutions of Yevgeniy Prigozhin’s trolls, the third and fourth are GRU hackers (the second of those is the WADA hack).

Regarding Assange, it’s possible that this is as simple as a description of how the FBI accessed communications coming into or going out of the Ecuadorian Embassy (one example of this is footnote 262). Or it could mean redacted sections on charging decisions implicate not just Roger Stone, but also Assange. The Stone warrants released earlier this spring described an ongoing 951 (foreign agent)/conspiracy investigation that also necessitated ongoing redactions.

Seven pages of the filing (out of 17) pertain to ongoing investigations, almost all of them entirely redacted.

23 replies
  1. graham firchlis says:

    Thanks for staying on this. Given the many ways the Trump gang collaborated with Putin, it would be surprising to learn that the Kremlin-Assange-Stone-Trump nexus did NOT exist. Hope remains that a new Congress and a new AG will sort it properly. Treason, nothing less.

    • PeterS says:

      And if that Kremlin-Assange-Stone-Trump nexus did exist: Trump buys the silence of Stone at the same time as the DOJ actively pursues Assange, which seems inconsistent. Is the explanation that Assange can be silenced with the stick, while Stone got the carrot, or is the explanation something else?

      • graham firchlis says:

        With Stone silent and DOJ obstructed, the last link remains unproven regardless of what Assange might say. Charged with treason, however, and Trump out of office, more than one of the gang will sing.

  2. fubar jack says:

    Question. Was this report redacted by a four year old and a sharpie or a mad person ?
    Is it 17 successful prosecutions to date resulting from the Mueller report? And yet the public has so little…
    Thank you miss Wheeler for trying to wring some information out of this opaque rag.

  3. drouse says:

    The phrase “the evolution of malicious influence actors’ tactics and techniques” appears twice in Brinkmann’s declaration. Is this just boilerplate or is there something we’re not being told?

    • emptywheel says:

      I suspect the IRA has changed its methods, not least because they got a glimpse of what the FBI knew through the Concord prosecution.

      • Valerie Klyman-Clark says:

        I came here just to see what you folks had to say about the letter. And thank you, bmaz for directing us further toward Moe Davis; we reached out to his campaign.
        Speaking of the run for Meadow’s former House seat, I received an email yesterday from the Daily Kos advocating for contacting Representative Madison Cawthorn of NC 11th District which confused the hell out of me since I thought he only just won his primary and is the GOP candidate running against your friend, Moe. I wrote to them DK and asked them, “HUH?! and Whaaaaa?!!”

        • bmaz says:

          Don’t know what is up with DK there, but Moe is the guy. Bad time for in person campaign events I guess, but Moe and his wife are simply wonderful, you would love chatting with them.

    • earlofhuntingdon says:

      An unfortunate pen name for anyone who remembers BushCheney’s Iraq war. DC plays host to some of the scummiest and most brilliant lawyers in America. Few of them seem to have trouble keeping their license. NY is no better. It took decades for Roy Cohn to lose his license. Serial complaints of corruption aside, he lost it only after he was sick, dying, and lost his juice.

      • bmaz says:

        Not to mention that the DC Bar has forever had a standing policy that they do not investigate DOJ attorneys absent a request from the DOJ itself and/or a substantiated complaint from a court. So, yeah, this is simply going nowhere, and these letter signers know that. This is a PR stunt.

        • BayStateLibrul says:

          If the Dems win, can their new AG bring charges/investigate Barr for his lying/legal manipulation, and all around dodgy bullshit?
          Will he ever pay a price or wrangle his way out of it?

        • civil says:

          Is that policy explicitly stated somewhere? I tried hunting for it on the DC Bar website, but couldn’t find it.

          Some other complaints that were filed against Barr earlier:
          * Reps. Lieu, Rice, and Pascrell filed complaints with both the DC and VA Bar associations
          * CREW and Democracy 21 filed complaints with the DOJ OPR and OIG
          * the NYC Bar asked Congress to investigate

            • bmaz says:

              Fat chance. This is exactly why Emmet Sullivan appointed Hank Schuelke to go after the Ted Stevens prosecutors.

          • bmaz says:

            I have no knowledge that there is a formal written policy, but was told exactly that by the DC Bar itself. It is fairly commonly known.

        • earlofhuntingdon says:

          LOL. The DoJ won’t formally investigate its own lawyers, except for the most obtuse or politically inconvenient. If they did, they’d still be working on a list of them from the BushCheney era, starting with ‘Fredo. Barr has infinitely better connections than he did, and he skated. It sure won’t file a formal complaint with the DC bar about Billy.

          • BayStateLibrul says:

            What size CCM Super Tack Skate does Barr
            wear — he looks line he couldn’t tie up his skates.
            Can’t the new AG pin him against the boards with a ten minute slashing penalty?

  4. Lester Noyes says:

    Completely off topic but I can’t refrain from recommending a book to anyone who’s interested in Ireland – visiting or moving there. This is one of my all-time favorite books. First published in 1942, “it had the curious distinction of being the first book to be ‘unbanned’ by the Irish Government”. It is “The Tailor and Ansty” by Eric Cross who visited this old Irish couple, “in a tiny cottage in the heart of County Cork”, as did many others, night after night as, “the Tailor held forth on life as he saw it, interrupted and abused continually by Ansty, who became so used to pouring scorn on his views that she almost persuaded herself that she did not really think great things of him.” The Tailor was, “a rural Dr. Johnson,” wrote Frank O’Connor in his introduction. (And Eric Cross was his Boswell.) Reading this book is like a breath of fresh air in these rancid times.

  5. Savage Librarian says:

    It looks like Dan Senor was in London in the middle of November 2016. Interestingly, that was around the time Malloch was with Corsi and contacting Stone:

    Relevant data points from ew:

    “The affidavit describes Malloch writing Stone on November 13, 2016 while with Jerome Corsi, a detail that may get redacted in subsequent affidavits.”

    “On August 17, 2016, someone (Charles Ortel?) introduced Stone and R”

    “On October 12, Stone claimed that he had met his intermediary, who traveled back and forth to London, on October 10”

    Dan Senor tweets:
    “Watching from afar: seeing some hysterical press cvg of transition, but hiccups won’t matter in long run if DJT makes quality cabinet picks”

    10:07 AM · Nov 17, 2016 from London, England – Twitter for iPhone

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