December 5, 2021 / by 

 

Daisy-Chain: The FBI Appears to Have Asked Danchenko Whether Dolan Was a Source for Steele, Not Danchenko

You might be under the impression that John Durham has charged Igor Danchenko with multiple counts of lying regarding the role of Charles Dolan in the sourcing of the dossier. You might similarly be under the impression that, in the indictment, Durham alleges that Dolan was the source for the pee tape.

You’d be forgiven for believing those things. After all, the WaPo reported charges, plural, showed that “some of the material” in the Steele dossier came from Dolan.

The indictment also suggests Danchenko may have lied to Steele and others about where he was getting his information. Some of the material came from a Democratic Party operative with long-standing ties to Democratic presidential nominee Hillary Clinton, according to the charges, rather than well-connected Russians with insight into the Kremlin.

The allegations cast new uncertainty on some past reporting on the dossier by news organizations, including The Washington Post.

Relying on that report, Jonathan Swan described charges, plural, that Dolan was, “one of the sources for the rumors about Trump.”

And Barry Meier, who so badly misunderstood the import of Oleg Deripaska in his book on private intelligence, also claimed there were charges, plural, relating to Dolan and insinuated that Durham had alleged the pee tape came from him.

In Durham’s indictment, however, Danchenko comes across more like the type of paid informant often found in the world of private spying — one who tells their employer what they want to hear.

According to those charges, he supposedly fed Steele some information that did not come from Kremlin-linked sources, as the dossier claims, but was gossip he picked up from an American public-relations executive with Democratic Party ties who did business in Moscow. In 2016, the indictment states, the manager of the Ritz-Carlton in Moscow gave that executive a tour of the the hotel’s presidential suite, and soon afterward, Danchenko took a selfie of himself and the executive at the hotel.

Reporting on Danchenko’s arraignment, WaPo went off at more length, not only failing to distinguish an uncharged accusation as such (one likely source of the belief that Durham charged multiple counts pertaining to Dolan), but stating as fact that Danchenko made up an entire conversation — one Danchenko has consistently attributed to a named Russian source — regarding the pee tape.

He is also accused of lying about revealing to sources that he was working for Steele.

Durham says Danchenko made up a conversation he claimed was the source of one of the dossier’s most salacious claims, that Trump paid prostitutes at a Moscow hotel room to urinate on a bed in which President Barack Obama had once slept. The dossier also suggested Russian intelligence agencies had secretly recorded that event as potential blackmail material. Trump has denied any such encounter.

The indictment suggests that story came from Dolan, who in June 2016 toured a suite at a hotel in Moscow that was once occupied by Trump.

There is a single charge related to Dolan in the Danchenko indictment. It claims that Danchenko, “denied to the FBI that he had spoken with [Dolan] about any material contained in the Company Reports.”

On or about June 15, 2017, within the Eastern District of Virginia, IGOR DANCHENKO, the defendant, did willfully and knowingly make a materially false, fictitious, and fraudulent statement or representation in a matter before the jurisdiction of the executive branch of the Government of the United States, to wit, on or about June 15, 2017, the defendant denied to agents of the FBI that he had spoken with PR Executive-1 about any material contained in the Company Reports, when in truth and in fact, and as the defendant well knew, PR Executive-1 was the source for an allegation contained in a Company Report dated August 22, 2016 and was otherwise involved in the events and information described in the reports. [my emphasis]

But Durham only claims that Dolan was the source for one report in the dossier, a claim that Manafort was forced to resign not just because of the revelations of his Ukrainian corruption, but also because Corey Lewandowski had it in for him.

Close associate of TRUMP explains reasoning behind [Manafort’s] recent resignation. Ukraine revelations played part but others wanted [Manafort] out for various reasons, especially [Lewandowski] who remains influential

[snip]

Speaking separately, also in late August 2016, an American political figure associated with Donald TRUMP and his campaign outlined the reasons behind [Manafort’s] recent demise. S/he said it was true that the Ukraine corruption revelations had played a part in this, but also, several senior players close to TRUMP had wanted [Manafort] out, primarily to loosen his control on strategy and policy formulation. Of particular importance in this regard was [Manafort’s] predecessor as campaign manager, [Lewandowski], who hated [Manafort] personally and remained close to TRUMP with whom he discussed the presidential campaign on a regular basis.

This may be the most provably accurate claim in the dossier. And for good reason: that’s because, as Dolan told the FBI, he didn’t get it from a friend of his, but instead from public news sources.

PR Executive-1 later acknowledged to the FBI that he never met with a “GOP friend” in relation to this information that he passed to DANCHENKO, but, rather, fabricated the fact of the meeting in his communications with DANCHENKO. PR Executive-1 instead obtained the information about Campaign Manager-1 from public news sources. According to PR Executive-1, he (PR Executive-1) was not aware at the time of the specifics of DANCHENKO’s “project against Trump,” or that DANCHENKO’s reporting would be provided to the FBI.

Durham makes no claim that Danchenko knew that Dolan had a make-believe GOP friend. And, as noted, Dolan told the FBI (it’s unclear whether this was Durham’s team or Mueller’s, which is actually critical to the viability of this charge) that at this point in August 2016, two months after the pee tape report, he did not know the specifics of the dossier project.

I don’t doubt that Dolan was the source for the (accurate) Lewandowski claim. And if Durham can also prove that Danchenko considered himself the source for this report (Danchenko seems not to have recognized some reports that Christopher Steele based on his reporting) and that he remembered this particular report when he was asked this question, then Durham might well make this charge stick.

As for the pee tape, Durham insinuates that Dolan had some role in it (and, given Durham’s focus on Dolan’s Democratic ties, suggests it was willful) based on the accusation that Danchenko denied that Dolan, “was otherwise involved in the events and information described in the reports,” which is so vague it’s not clear whether Durham actually knows what actually happened with this and the other allegation relating to Dolan in question. Indeed, given that both Danchenko and Steele injected inaccuracies into the process and neither has records of what occurred between them, it would be hard to know for sure.

In his explanation for that report in his first interviews, Danchenko definitely seems to have either borrowed the events Dolan participated in at the Ritz Hotel (Dolan was there in June 2016 to plan a conference that took place in October 2016, and Danchenko visited at the hotel during his own June 2016 trip to Moscow) or independently asked questions of staffers while he was visiting Dolan. That’s because Danchenko’s description suggests “he had a meeting with the managers” in June 2016 that Durham notes, he didn’t attend.

[H]e had a meeting with the managers [redacted]. During a free minute, he asked about “this stuff about Trump at the hotel.” His interlocutors laughed it off, stating that “all kinds of things happen at the hotel” and with celebrities, “one never knows what they’re doing.” [Danchenko] said that it wasn’t a denial. And asking the hotel staff who were assisting with the [redacted] arrangements, one girl commented that “anything goes at the hotel, and added that, “officially, we don’t have prostitutes.”

I’m agnostic; Danchenko might have been deliberately lying here or forgetful — he definitely corrected misimpressions between his first and second day of interviews without prompting from FBI. But he cleaned this claim up in one of his later interviews (Durham does not describe how long it took FBI to clarify this, and it actually matters to several aspects of his case).

During the Interviews in or about 201 7 in which he was asked about this Company Report, DANCHENKO initially claimed to have stayed at the Moscow Hotel in June 2016. DANCHENKO later acknowledged in a subsequent interview, however, that he did not stay at the Moscow Hotel until the October Conference.

He also, in a March 2017 interview, claimed the staff member of the hotel had not confirmed the pee tape allegation, only that there was chatter about such claims (though this claim, too, may have involved Danchenko borrowing the experience of Dolan to claim he had met with a hotel staffer).

he/she spoke with at least one staff member at the Ritz Carlton hotel in Moscow who said that there were stories concerning Trump’s alleged sexual activities, not that the activities themselves had been confirmed by the staff member

If Danchenko knowingly lied, it seems to have involved borrowing details from the events Dolan attended to make his own account sound more credible, effectively to explain away why he had such ready access to Ritz staffers. That would require no involvement from Dolan aside from sharing details of his own itinerary with Danchenko at lunch and having them unknowingly used to lend credibility to rumors Danchenko was already sharing. Yet the WaPo nevertheless reported as fact that, “The indictment suggests that story came from Dolan.”

I’m not saying Danchenko didn’t either lie or shade his testimony or simply work from memory because he, by design, had almost no records of his work. But that doesn’t mean the charge — to say nothing of Durham’s gratuitous effort to link it to Hillary — is sound.

That’s because the FBI appears to have asked Danchenko not whether Dolan had been a source of Danchenko’s, but instead whether Dolan had been a source for Steele.

Here are the transcript excerpts Durham includes from the June 15, 2017 interview which — as a declassified footnote from the DOJ IG Report has made clear, occurred almost immediately after FBI obtained materials under Section 702 that would have revealed Danchenko’s role in introducing Dolan to Olga Galkina and the extensive follow-up communications between Galkina and Dolan.

FBI AGENT-1: Um, because obviously I don’t think you’re the only …

DANCHENKO: Mm-hmm.

FBI AGENT-1: Person that has been contributing. You may have said one – and this is the other thing we are trying to figure out.

[ … ]

FBI AGENT-1: Do you know a [PR Executive-1]?

DANCHENKO: Do I know [PR Executive-1]? Yeah.

FBI AGENT-1: How long have you known him? [laughing] [pause]

DANCHENKO: I’ve known [PR-Executive-1] for [pause] I don’t know, a couple years maybe.

FBI AGENT-1: Couple years?

DANCHENKO: But but but but but but but I’ve known of him for like 12 years.

[ … ]

DANCHENKO: Yeah. Yeah he likes Russia. I don’t think he is, uh, – would be any way be involved. But-but-uh-b-but he’s uh [UI] what I would think would be easily played. Maybe. Uh, he’s a bit naive in his, um liking of Russia.

FBI AGENT-1: Okay, so you’ve had … was there any … but you had never talked to [PR Executive-1] about anything that showed up in the dossier [Company Reports] right?

DANCHENKO: No.

FBI AGENT-1: You don’t think so?

DANCHENKO: No. We talked about, you know, related issues perhaps but no, no, no, nothing specific. [emphasis Durham’s]

The exchange starts with the FBI Agent saying, “I don’t think you’re the only … person that has been contributing,” presumably to the dossier. This is consistent with Steele’s (weak) claims to have had other  reporting sources besides Danchenko. And it’s consistent with repeated comments from Danchenko that he didn’t know whether or not he was the only subsource collecting for Steele.

Of particular note, on January 25, 2017, Danchenko said this about one of the three reports that Durham insinuates came second-hand from Dolan, one describing the replacement of a staffer at the Russian Embassy in DC.

Looking at Report 2016/111, [Danchenko] was asked about the report’s use of the descriptor, “a trusted compatriot.” — as in paragraph one, “Speaking in confidence to a trusted compatriot in mid-September 2016…” [Danchenko] said that it might be him, but that it could also be others. [Danchenko’s] attorney then jumped in, stating that the “literary device” used by Steele in the dossier was not consistent and not clear, so he wanted to be careful about matching that descriptor to his client. [Danchenko said that, to the best of his knowledge, he is not sure if he was the only one working on this issue for Orbis [and therefore he is not clear if he is always the “trusted compatriot” mentioned in the document.]

Interviewers drew [Danchenko’s] attention to paragraph 5 of the same report, where Mikhail Kalugin [written as Kulagin] is mentioned. [Danchenko] is not clear how this paragraph was put together. [Danchenko] indicated that no MFA official told him [redacted] because of the election issue. About [redacted], [Danchenko] knows that [redacted]. Danchenko knows that [redacted] [Danchenko] that [redacted] was his replacement [redacted] Kalugin had described Bondarev as “a bright young guy.” Danchenko has no idea where the language in this paragraph regarding [redacted] being “clean in this regard” (with respect to knowledge and involvement in US election matters [redacted]).

Danchenko had offered up the explanation that Durham now claims was him taking credit for the report as part of a rambling explanation for why he had the business card for the Russian source in question (the FBI analyst put it under a heading with the report number, but by description that’s not how it was first broached).

Whether Steele had other reporting sources in addition to Danchenko or not, the FBI Agent started this line of questioning based on the assumption Steele did, stating that he was trying to figure out who else was “contributing” to the dossier in the same way Danchenko was. Given the messages between Galkina and Dolan that FBI would have just obtained via Section 702, it would be unsurprising if the FBI suspected Dolan was a source for Steele, not least because he had better personal access than Danchenko did, he and Galkina were talking about things that showed up in the dossier, and Steele and Dolan had been in touch since the spring.

Depending on how quickly after that question the FBI raised Dolan (note the ellipsis), then, Danchenko may well have fairly understood this entire line of questioning to pertain to whether Dolan was not his own, Danchenko’s, source, but Steele’s. If so, then the question of whether Danchenko spoke to Dolan about stuff that showed up in the dossier might be viewed in a variety of different ways, including whether Dolan admitted he was a source for Steele. And while Danchenko’s denial that he and Dolan ever spoke of anything specific that showed up in the dossier would be a clearly knowing lie if, when he was asked it, he understood himself to be the source of the Paul Manafort report, remembered the report, and hadn’t gotten a second source for the claim, Danchenko did not deny outright that he and Dolan spoke about matters “related” to the dossier, just “nothing specific.”

That’s all the more true given something else Danchenko said in his first interviews, describing how he worked. “He used his existing contacts and daisy-chained from them to try to identify others with relevant information.” If, for example, Danchenko got the names of the Ritz personnel from Dolan, “daisy-chaining” from his existing contact (Dolan) to people Dolan met with at the hotel, either to talk with them directly or to fluff up the report to Steele, he might regard those as “related” to the subject of the report, but not the specific detail — the pee tape allegation — in it.

He may well have answered inaccurately to an FBI question or outright lied, but it’s not clear that the FBI was asking him the question that Durham now treats the answer as. And there’s no evidence that, in the remainder of the June 2017 interview or the two later interviews with Danchenko in 2017 (both of which took place after Steele was interviewed) the FBI ever asked about the three specific reports that Durham now believes have some tie to Dolan, which is what it would take to have a solid false statements charge. By comparison, George Papadopoulos wrote the FBI claiming to have checked his record on timing of his contacts with Joseph Mifsud and reiterated his false timeline with the FBI and FBI Agents repeatedly cued Mike Flynn with language he used in his conversations with Sergei Kislyak to make sure he was really lying.

The crazier thing about all this comes from Durham’s materiality claim.

PR Executive-1’s role as a contributor of information to the Company Reports was highly relevant and material to the FBI’s evaluation of those reports because (a) PR Executive-1 maintained pre-existing and ongoing relationships with numerous persons named or described in the Company Reports, including one of DANCHENKO’s Russian sub-sources ( detailed below), (b) PR Executive-1 maintained historical and ongoing involvement in Democratic politics, which bore upon PR Executive-1’s reliability, motivations, and potential bias as a source of information for the Company Reports, and (c) DANCHENKO gathered some of the information contained in the Company Reports at events in Moscow organized by PR Executive-1 and others that DANCHENKO attended at PR Executive-1 ‘s invitation. Indeed, and as alleged below, certain allegations that DANCHENKO provided to U.K. Person-1, and which appeared in the Company

Danchenko revealed the import of the Dolan-organized events in the first interviews — that’s literally part of the “proof” Durham offers that Danchenko lied about it. FBI learned of Dolan’s close ties to Galkina via Section 702 collection before this alleged lie, and when Danchenko was asked in that same June 2017 interview, he explained the key details, effectively confirming what FBI would have learned from its FISA collection (and thereby seemingly passing one test of his candor).

In a later part of the conversation, DANCHENKO stated, in substance and in part, that PR Executive-1 had traveled on the October “delegation” to Moscow; that PR Executive-1 conducted business with Business-1 and Russian Sub-source-1; and that PR Executive-1 had a professional relationship with Russian Press Secretary-1.

That leaves, for the question of materiality, Dolan’s “historical and ongoing involvement in Democratic politics, which bore upon PR Executive-1’s reliability, motivations, and potential bias as a source of information for the Company Reports.”

Again, the Paul Manafort report may be the most provably correct report in the entire dossier. Claiming (correctly) that Manafort was ousted not just because of his corrupt ties in Ukraine — a claim that Republicans have spent five years claiming was just a propaganda campaign launched by Democrats — but also because others wanted him out actually undercuts the story that has always claimed to be the most useful to Democrats. The report on Embassy staff changes was, Durham suggests, based directly off quotes Dolan got from the staffer in question; indeed, Durham points to the accuracy of those quotations to prove the report came from Dolan. There was a flourish added — that the person in question was untainted by involvement with the Russian election operation — which Danchenko disclaims, but there’s no evidence the flourish comes from Dolan (or even Danchenko — it’s the kind of thing Steele seems to have added). In other words, assuming Dolan was the source for the things Durham claims he was, Dolan seems to have been the most accurate source for the dossier.

There was an unbelievable amount of shit in the dossier and it would be useful if there were an accounting of how that happened (which Durham is not doing here). The Danchenko-to-Steele reporting process (which, contrary to Durham’s claims, Danchenko candidly laid out in his first interviews with the FBI) was one source of the problems with the dossier. But at least as much of the shit seems to come from Danchenko’s sources, several of whom had ties to Russian intelligence and who may have been deliberately injecting disinformation into the process. Instead of focusing on that — on Russians who may have been deliberately feeding lies into the process — Durham instead focuses on Dolan, not because Durham claims he wittingly shared bad information to harm Trump (his one lie served to boost an accurate story that went against the grain of the Democrats’ preferred narrative), but because as a Democrat he — not Russian spies — is being treated by Durham as an adversary.

Danchenko posts

The Igor Danchenko Indictment: Structure

John Durham May Have Made Igor Danchenko “Aggrieved” Under FISA

“Yes and No:” John Durham Confuses Networking with Intelligence Collection

Daisy-Chain: The FBI Appears to Have Asked Danchenko Whether Dolan Was a Source for Steele, Not Danchenko

Source 6A: John Durham’s Twitter Charges

John Durham: Destroying the Purported Victims to Save Them

John Durham’s Cut-and-Paste Failures — and Other Indices of Unreliability

Aleksej Gubarev Drops Lawsuit after DOJ Confirms Steele Dossier Report Naming Gubarev’s Company Came from His Employee

In Story Purporting to “Reckon” with Steele’s Baseless Insinuations, CNN Spreads Durham’s Unsubstantiated Insinuations

On CIPA and Sequestration: Durham’s Discovery Deadends

The Disinformation that Got Told: Michael Cohen Was, in Fact, Hiding Secret Communications with the Kremlin


The Office of Special Counsel Report on Trumpsters’ Crimes: Toothless, But Useful?

The Office of Special Counsel (the organization meant to protect whistleblowers, not Robert Mueller or John Durham) just released a report finding that 13 senior Trump officials — including Hatch Act recidivist Kellyanne Conway — violated prohibitions on engaging in electoral politics while acting in an official capacity during the 2020 election.

The most important parts of the report describe the many reasons why the Official of Special Counsel is utterly powerless to prevent the kind of gleeful flouting of norms that Trump practiced. Several of these amount to admitting that if the President encourages Hatch Act violations, there’s nothing you can do about it.

1. OSC’s enforcement tools are limited with respect to Senate-confirmed presidential appointees (PAS) and White House commissioned officers. Potential fix: A statutory amendment that (1) allows OSC to pursue substantial monetary penalties against PAS and commissioned officers before the MSPB, and (2) grants the MSPB jurisdiction over former employees for Hatch Act violations committed during their period of federal employment.

2. OSC did not receive from the Trump administration the good faith cooperation necessary to ensure full compliance with the Hatch Act. Potential fix: A statutory amendment granting the MSPB greater authority to enforce OSC’s subpoenas and other investigative requests.

That said, this report and some of the people it names as having broken the law, including Kayleigh McEnany, Mark Meadows, and Chad Wolf, may be of some use going forward.

That’s because DOJ has laid the ground work not to treat politicians’ actions leading up to and during January 6 with the protections accorded their political office based on the precedents holding that the scope of federal office excludes campaign activity.

The record indicates that the January 6 rally was an electioneering or campaign activity that Brooks would ordinarily be presumed to have undertaken in an unofficial capacity. Activities specifically directed toward the success of a candidate for a partisan political office in a campaign context—electioneering or campaign activities—are not within the scope of the office or employment of a Member of the House of Representatives. Like other elected officials, Members run for reelection themselves and routinely campaign for other political candidates. But they do so in their private, rather than official, capacities.

This understanding that the scope of federal office excludes campaign activity is broadly reflected in numerous authorities. This Court, for example, emphasized “the basic principle that government funds should not be spent to help incumbents gain reelection” in holding that House or Senate mailings aimed at that purpose are “unofficial communication[s].” Common Cause v. Bolger, 574 F. Supp. 672, 683 (D.D.C. 1982) (upholding statute that provided franking privileges for official communications but not unofficial communications).

DOJ did that even as it declined to invoke Executive Privilege for Trump’s own communications with some of these people (explicitly so with McEnany and Meadows).

Whatever else this report lays out, it amounts to the neutral independent body entrusted with such investigations finding that Trump exploited the timing of the election to encourage such politicization of the White House.

OSC received complaints alleging that the 13 senior Trump administration officials listed in Part III violated the Hatch Act in one of two ways: by making statements supporting or opposing a candidate for partisan political office while speaking in an official capacity, or by using their official authority in connection with, and in furtherance of, the RNC. Section 7323(a)(1) of Title 5 of the U.S. Code prohibits federal executive branch employees from using their official authority or influence to interfere with or affect the results of an election. Under that prohibition, it is illegal for an employee to support or oppose a candidate for partisan political office while acting in an official capacity. Yet Trump administration officials did precisely that. And while the specific facts of each case are different, they share this fundamental commonality—senior Trump administration officials chose to use their official authority not for the legitimate functions of the government, but to promote the reelection of President Trump in violation of the law.

The administration’s willful disregard for the law was especially pernicious considering the timing of when many of these violations took place. OSC cannot, in most cases, stop violations from happening in real time. Even apparently straightforward violations of the Hatch Act may not turn out to actually be violations upon further investigation. Therefore, investigating alleged violations is the only way to ensure a fair result. Accordingly, OSC affords appropriate due process to the subject of a complaint and gathers the relevant facts before reaching a conclusion. As a result, OSC’s investigations can often stretch out for weeks or even months. This reality creates a window for an administration that is so inclined to ignore the Hatch Act in the final months of an election cycle, knowing full well that any public report or disciplinary action would not likely occur until well after the election. However, the benefit to the administration and resultant harm—the use of official authority or influence to interfere with or affect an election—would accrue on or before election day. As described in Part III, OSC has concluded that the Trump administration tacitly or expressly approved myriad Hatch Act violations committed within that critical period immediately prior to the 2020 election during which OSC was unable to both investigate and resolve the violations before election day. [my emphasis]

This is what Trump spent the two months after he lost: turning the White House into a full-time election-stealing headquarters.

So while the OSC may be totally useless in policing the politicization of someone who refuses to be bound by any norms, this report may be useful in the days ahead for the way that it documents how thoroughly Trump did that.


Gina Bisignano: If a Plea Deal Falls on the Docket and No One Hears It …

It turns out there are a lot of things that won’t show up on a January 6 docket.

According to a motion to ditch her house arrest filed last week, Gina Bisignano — the Beverly Hills salon owner who wore a Louis Vuitton sweater to the insurrection — signed a plea deal back in July.

10. On July 28, 2021, Defendant signed a plea agreement in the above captioned case UNDER SEAL.

11. On August 4, 2021, Defendant appeared before this Court and entered a guilty plea in the above captioned case, UNDER SEAL, to multiple counts of the indictment.

Normally, when people sign plea deals under seal like this, it’s a sign of a cooperation agreement.

That wouldn’t be surprising. DOJ has been trying to charge the group of LA-area anti-vax activists who traveled to DC together in a conspiracy for most of the year. And the transcript of Danny Rodriguez’ March 31 post-arrest interview showed the FBI agents interviewing Rodriguez — who went to insurrection with Gina and others and whose alleged tasering of Michael Fanone would form the center of any conspiracy — at least pretending that she was talking with investigators, possibly even claiming that Rodriguez threatened her to keep quiet at a visit to her home.

Q. Did you talk to Gina before she got arrested?

A. Um-hmm.

Q. What’d you find out from her?

A. Nothing. I mean, we just said hi. But, I mean, we didn’t talk about anything else. I don’t really know her that well.

Q. Did you go over to her house?

A. I’ve been to her house.

Q. After January 6th, have you been to her house?

A. Yeah. I went one time, yes.

Q. With Ed?

A. No.

Q. With who?

A. Gabe. The guy who turned a rat.

Q. What do you mean?

A. The guy who’s snitching on everyone. He’s a Trump supporter, but — and he had all this — he used to always pick fights with BLM and Antifa, and we always had problems with him making us look bad, and he always wanted to get violent. And now he’s turned on us — or, me.

Q. What happened when you went with Gabe to talk to Gina?

A. It was just, like, to touch base. It was just like, hey, you know, we’re — we made it. We’re back. Everything’s okay. Are you okay? Kind of thing.

Q. What is Gabe going to say happened?

A. I don’t know. I don’t know about that guy. I mean, I haven’t had contact with him and he was really quiet. He looked like he didn’t like what happened and he was just — kind of just sit — staring at the floor a little bit or something. Like, sitting on the couch quiet. And Gina and I were talking about D.C. and he was just quiet and, I mean — and then he left and I left. We were only there for, like, 30 minutes maybe.

Q. Is there any reason why Gina would tell us that you told her not to say anything to — about you being at the Capitol?

A. Yeah. I mean —

Q. Is that what you guys talked about?

A. I guess. Yeah. I mean, like — yeah. We’re like, don’t talk about this and don’t tell anybody and —

Q. Did you threaten her?

A. No.

Q. But you told her not to say anything.

A. No, I didn’t tell her. I mean, I think it was — no. I don’t even think I told her not to say anything. I just think it was just assumed or implied that —

Q. Well, tell me what you said because I don’t want to put words in your mouth. Tell me how the conversation went.

A. I really didn’t talk to Gina too much. I mean, we were over there and just talking, and was smoking some weed on her patio. That’s it.

Q. And?

A. I didn’t threaten her or tell her any — tell her to do anything.

Q. But you guys did talk about not saying anything to the police about what happened in D.C.?

A. We weren’t even talking necessarily about not talking to the police. We were saying not to talk to — about this to anyone that we know.

Q. So just don’t tell anybody?

A. Just keep it quiet and don’t tell anybody anything and let’s try to live our lives normal, but not really, no.

Q. Okay.

[snip]

AGENT ELIAS: And then he said he met up with out there Kayla, Chris Almonte, somebody named Sauna, and Gina. And then we talked a little bit about Gina and he said that, after January 6th, he did go to Gina’s house with Gabe one time. And they did discuss not saying anything to anyone.

BY AGENT ARMENTA: Q. Okay. So you told Gina that?

A. Yeah. We were just not going to talk to — talk about it with anybody.

Q. Did you threaten her at all?

A. No. For sure, no.

Q. So she’s not going to say that?

A. I would hope not.

Q. What about —

A. No. She’s a sweet woman. I wouldn’t threaten her. And plus, what I did, why — how can I threaten? I mean, if I threaten her, she’s just going to turn me in, right? [my emphasis]

Revealing a cooperation plea deal without permission is a good way to ruin your chances to get a 5K1.1 letter, which is what the government submits to ask for a lesser sentence in exchange for substantial assistance. So it’s possible the plea deal has gone south.

Nevertheless, we should expect there are secret plea deals like this among the 650 defendants. And so I wanted to observe several things about Bisignano’s docket. Mostly, that there’s no sign of a plea deal in it. Or anything else of interest.

Bisignano was arrested on January 19 and indicted ten days later. She was in a limbo for an extended period amid COVID-related transfer delays and also a delay getting her attorney admitted to the case. On February 26, Judge Carl Nichols released her to the house arrest she’s now trying to get relaxed.

But aside from adoption of a protective order in April (that is, after the Rodriguez agents claimed that Bisignano may have already started talking) and a grand jury disclosure order in July, just days before the plea deal, the only things that have happened in the docket are repeated requests for relaxation of her release conditions, status conferences, and discovery. The only thing reported out from a September status hearing pertained to her request for a relaxation of her release conditions.

Days before Bisignano pled guilty, July 24, the prosecutor in this case, Kimberly Paschall provided a summary of the discovery provided to day (which was mostly the stuff that went into her arrest). There has been no other discovery described outside of the mass discovery status updates.

All of which is to say, there’s nothing in the docket.

I raise all this not just to say, we have no idea what this means, though we have no idea what Bisignano’s public claim to have entered into a sealed plea deal in July means. The expected conspiracy case has never been publicly filed.

But it is worth noting that DOJ has not visibly met two deadlines set by Judge Amy Berman Jackson in the Rodriguez case, to tell her whether his case will be joined with others accused of assaulting Fanone, and to explain why he hasn’t been offered a plea deal.

First of all, the Court will require the government to make its intentions plain, and therefore it is HEREBY ORDERED that any motion to join this case to any other for trial must be filed by November 5, 2021. Any motion to extend that date must be based on good cause shown, and vague references to ongoing investigations or extenuating circumstances will not suffice; if matters must be submitted to the Court under seal, the government is familiar with how to accomplish that.

Second, it is FURTHER ORDERED that the government must inform the Court by November 5, 2021 whether a plea offer has been extended in this case and if not, why not.

These filings were due — on the docket, or under seal — by Friday, but there’s nothing there.

The lesson of this post, then, is that for all the wailing that nothing is going on in the January 6 investigation, there’s likely to be a lot going on that we’re not seeing.


“Yes and No:” John Durham Confuses Networking with Intelligence Collection

John Durham apparently believes li’l ol’ emptywheel is smarter than an entire team of seasoned FBI counterintelligence professionals. That’s the only conclusion I can draw from his effort to explain why a lie he accused — but did not charge — Igor Danchenko of telling was material to an ongoing investigation. Durham claims that in his first set of interviews, Danchenko was deliberately and knowingly hiding how indiscreet he had been about his intelligence work for Christopher Steele.

Such lies were material to the FBI’s ongoing investigation because, among other reasons, it was important for the FBI to understand how discreet or open DANCHENKO had been with his friends and associates about his status as an employee of U .K. Investigative Firm-1, since his practices in this regard could, in turn, affect the likelihood that other individuals — including hostile foreign intelligence services — would learn of and attempt to influence DANCHENKO’s reporting for U.K. Investigative Firm-1.

The alleged lie in question (which, as I’ll show, Durham misrepresents) is that Danchenko claimed to the FBI that he “never mentioned that he worked for [Christopher Steele or Orbis] to his friends or associates.”

In response, DANCHENKO falsely stated, in sum and substance, that while certain friends were aware that DANCHENKO worked generally in due diligence and business intelligence, DANCHENKO never mentioned that he worked for U.K. Person-I or U.K. Investigative Firm-1 to his friends or associates. DANCHENKO further stated, ”you [the FBI] are the first people” he had told. DANCHENKO added that the reason he never told associates about his relationship with U .K. Person-1 and U .K. Investigative Firm-1 was the existence of a non-disclosure agreement he signed with U.K. Person-1 and U .K. Investigative Firm-1.

As noted, Durham makes this claim based off Danchenko’s first series of FBI interviews in late January 2017.

It’s rather confusing that Durham claims Danchenko was hiding how indiscreet he was in those interviews, because after I read heavily redacted summaries of those very same interviews last year, I laid out a slew of ways that Danchenko and Steele were making themselves vulnerable to discovery:

PSS [Danchenko] described that his debriefings with Steele were always at the Orbis office, which meant if Steele himself were surveilled, PSS’ ties to Steele would become obvious.

[snip]

[H]is communications with Steele included many insecure methods. He first met Steele in a Starbucks. Early on, he communicated with him via email and Skype, and Steele would task him, at least in part, via email. He described discussing [Carter] Page’s trip to Russia with Source 3 on some kind of voice call, possibly a phone, while he was at a public swimming pool, though he also described talking in an opaque way about election interference. Likewise, the most problematic December 13 report was based on a conversation with the same source, which was also a phone call.

In short, while Steele and PSS and PSS’ sources made some efforts to protect their communications from the Russians that surely considered Steele a target, those efforts were inconsistent.

PSS described making three trips to Russia for his election year reporting. On the second trip, he got grilled suspiciously at the border. On his third, “nothing bad happened,” which made PSS suspicious about how perfectly everything had gone.

PSS repeatedly described being uncomfortable with the election year tasking, and he seems to have had suspicions in real time that Russia had taken note of it.

I also noted that two of Danchenko’s sources — to whom he admitted he worked in business intelligence — attempted to task him to collect information (indeed, Olga Galkina, described as S3 here, had done so just days before this interview, after the publication of the dossier by BuzzFeed, which she subsequently admitted to reading in detail when it came out). A third — someone Danchenko believed had close ties to an FSB officer — had gotten Danchenko to help him get a scholarship to study in the UK with help from Orbis.

And both Source 2 and Source 3 — the sources for some of the more problematic information in the Steele dossier — knew PSS brokered intelligence. Both also discussed brokering information in Russia.

[S3] is one of the individuals who knows that [PSS] works for due diligence and business intelligence. [As an aside at this point, [PSS] insisted that [S2] probably has a better idea about this than does [S3] because [S2] is always trying to monetize his relationship with [PSS]. [PSS] reiterated again to interviewers that [S2] will often pitch money-making ideas or projects — “Let’s work together. I [S2] can try and get [redacted] to answer a question, but I’ll need some money to do it.”] [S3] has an understanding that [PSS] is “connected.” In fact, either [redacted] morning or [redacted] morning, [S3] reached out to [PSS] and asked him for help in [redacted] on how [redacted] living in the United States are viewing the Trump administration. She is asking him [redacted] by the weekend, probably so she can sell it to a friend in Moscow.

And because PSS asked Orbis to help S1 — the guy with close ties to an FSB officer — get a scholarship for language study in the UK, S1 presumably knows what Orbis and who Steele is.

In other words, in the interview where (Durham claims) Danchenko lied to hide how indiscreet he was, he provided substantive reason to believe he hadn’t been at all discreet with three of his claimed dossier sources.

On top of that, the analyst who wrote up the report noted several times when Danchenko’s answers contradicted his early assertion that he himself had no known ties to Russian intelligence (there’s far more evidence that Danchenko knowingly lied about ties to Russian spooks than any of the charges laid out here, but that doesn’t serve Durham’s narrative and so instead he’s charging more random lies).

Thanks to Bruce Ohr’s help vetting Steele (for which he got fired), the FBI also learned that Steele was working for Oleg Deripaska, a central player in the election-year operation and one of the several obvious ways that Russia would have learned of this project.

If anyone at the FBI came away from these early interviews believing that Steele and Danchenko were exercising adequate operational security for this project (even ignoring Steele’s blabbing to the press), they had no business working in counterintelligence. Then again, Peter Strzok attempted to carry out an extramarital affair on an FBI device that (DOJ IG investigations would later disclose) happened to have a serious vulnerability built into it by a vendor. And in my own very limited experience, the FBI had uncomfortably shoddy operational security. So maybe there’s something to that.

Danchenko candidly told the FBI a number of things that should have given them ample reason to believe the project had been compromised. Importantly, that includes a warning that Galkina knew he was in business intelligence, the single most important detail as laid out in the Danchenko indictment. For Durham to suggest that Danchenko was withholding such details when, in that first interview, he carried out a debate with himself about which of two sources, including Galkina, knew more about his intelligence gathering is, frankly, batshit insane.

Worse still, Durham misrepresents what Danchenko was asked and how he answered.

As noted above (in bold) Durham claimed that Danchenko lied by saying that he, “never mentioned that he worked for Steele or Orbis to his friends or associates.” Durham, as is his sloppy habit, doesn’t quote either the question or Danchenko’s response. As a result, Durham hid the material fact that Danchenko was not asked whether he revealed that he worked for Orbis, but whether he told people he collected intelligence for them. And he didn’t answer, “no;” he answered, “yes and no.”

Here’s the question and the response that Durham didn’t bother to quote in the indictment.

[Danchenko] was asked how he “covers” his queries with his sources. He typically tells his sources that he is working on a research project or an analytical product. He was also asked if there were friends, associates, and/or sources who knew that he was collecting information for Orbis. He said, “yes and no,” and explained that some of his closer friends understand that he works in the area of due diligence and business intelligence. Many of the think that he is doing projects for entities like [redacted], the [redacted], or think tanks [redacted. They don’t know that he works for Orbis, as he signed a non-disclosure agreement and told not to talk about the company. He has never mentioned Chris Steele or Orbis to his friends and associates. He emphasized that “you [the FBI] are the first people he’s told.” [my emphasis]

Danchenko was not asked, generally, whether he talked about Orbis, which is what Durham claims he was asked. Danchenko was asked about how he covers his queries. He was specifically asked if his associates knew “that he was collecting information for Orbis.”

His answer was not “no,” but instead, “yes and no,” because people knew he was collecting intelligence. And (as noted above) he would refer back to the follow-on answer — that his friends understood that he works in business intelligence — by explaining that two of his claimed dossier sources, including Olga Galkina, not only knew that he collected intelligence, but had attempted to task him to collect it themselves. The context of whether he mentioned Steele or Orbis was explicitly a reference to him being paid (through a cut-out arrangement he had just described to the FBI) for intelligence collection by Orbis, not whether he ever networked using Steele’s name.

This is important because some of the “proof” that Durham provides that Danchenko was affirmatively lying that he had told people “he was collecting information for Orbis,” includes stuff that doesn’t mention intelligence collection. There’s nothing about two April 2016 communications with Charles Dolan, for example, that suggest Danchenko appeared to be more than an analyst, which is what he was on paper.

For example, on or about April 29, 2016, DANCHENKO sent an email to PR Executive-I indicating that DANCHENKO had passed a letter to U.K. Person-I on behalf of PR Executive-I. Specifically, the email stated that DANCHENKO had “forwarded your letter” to [U.K. Person-I] and his business partner. “I’ll make sure you gentlemen meet when they are in Washington or when you are in London.”

That same day, DANCHENKO sent an email to PR Executive-1 outlining certain work that DANCHENKO was conducting with U.K. Investigative Firm-1. The email attached a U.K Investigative Firm-1 report titled “Intelligence Briefing Note, ‘Kompromat’ and ‘Nadzor’ in the Russian Banking Sector.”

Indeed, a later reference to these exchanges describes it as “broker[ing] business,” not discussing collecting intelligence.

For example, and as alleged above, DANCHENKO attempted to broker business between PR Executive-1 and U .K. Person-1 as early as in or about April 2016. See Paragraphs 23-25, supra.

Nor does a later email Dolan sent definitively describe Danchenko as collecting intelligence.

Monday night I fly to Moscow and will meet with a Russian guy who is working with me on a couple of projects. He also works for a group of former [allied foreign intelligence service] guys in London who do intelligence for business …. [H]e owes me as his Visa is being held up and I am having a word with the Ambassador.

Durham makes much of the fact that, by the time the dossier was published, Dolan knew that Danchenko was behind it. But Durham provides no evidence about how Dolan learned that (even though Dolan was interviewed by the FBI somewhere along the way). It’s possible, for example, that Dolan put two and two together on his own and/or asked Galkina. And — as Danchenko freely offered up in his first interview! — Galkina knew he was in the intelligence business, so it’s likely she figured it out and told Dolan, not least because the two had shared business interests harmed by the dossier’s allegations, in the last report, about Webzilla.

To be clear, after having obtained warrants on (presumably) all three — Danchenko, Dolan, and Galkina — Durham did find one person with whom Danchenko was clearly discussing the topic he was asked about, collecting intelligence for Steele (as opposed to doing analysis, brokering business, or otherwise networking).

For example, on or about July 28, 2016, DANCHENKO sent a message to an acquaintance and stated “Thanks to my reporting in the past 36 hours, [U .K. Person-I] and [U.K. Investigative Firm-I Employee] are flying in tomorrow for a few days so I might be busy . . . . ” In addition, on or about September 18, 2016, DANCHENKO sent a message to the same acquaintance stating that DANCHENKO had “[w]ork to do for [U.K. Person-I] who’s probably coming to DC on Wednesday.” U.K. Person-I did, in fact, travel to Washington. D.C. on or about September 21, 2016.

That person is either not central to Durham’s narrative, or has reason to have known, because Durham doesn’t explain who it is. But if this person were not, for some reason, read into Danchenko’s cover story, or if the person is sufficiently memorable that Danchenko should have remembered these exchanges, then it does amount to proof that Danchenko answered incorrectly to that January 2017 question.

But all the things that Durham presents to suggest this answer was intentional — perhaps to insinuate that Danchenko didn’t hide the project because it made it more likely Galkina and Dolan would feed him bullshit — are, in fact, related to a different question, a question the FBI did not ask.

There’s one more thing that’s truly bizarre about Durham’s decision to include this allegation (again, it is not charged), particularly given that Danchenko freely offered up information making it clear Galkina knew a fair bit about Danchenko’s intelligence collection. According to the indictment, after that initial interview, the FBI interviewed Danchenko on — at a minimum — March 16, May 18, June 15, October 24, and November 16, 2017. Along the way, the FBI identified Galkina as a subject of particular interest and collected her communications under Section 702 which (among other things) identified precisely the relationships at the core of this indictment, presumably a response to the candid comments Danchenko made in that January 2017 (as well as the fact that she was his claimed source for the dodgiest claims).

But seemingly the FBI never revisited the question about how well Danchenko hid his intelligence collection and his relationship with Christopher Steele.

Perhaps that’s because Danchenko said enough in that first interview to make it clear that neither he nor Steele did adequately protect that relationship. The FBI didn’t return to that question — or the one Durham falsely claims he was asked — because he had already provided the answer with his other descriptions.

Danchenko posts

The Igor Danchenko Indictment: Structure

John Durham May Have Made Igor Danchenko “Aggrieved” Under FISA

“Yes and No:” John Durham Confuses Networking with Intelligence Collection

Daisy-Chain: The FBI Appears to Have Asked Danchenko Whether Dolan Was a Source for Steele, Not Danchenko

Source 6A: John Durham’s Twitter Charges

John Durham: Destroying the Purported Victims to Save Them

John Durham’s Cut-and-Paste Failures — and Other Indices of Unreliability

Aleksej Gubarev Drops Lawsuit after DOJ Confirms Steele Dossier Report Naming Gubarev’s Company Came from His Employee

In Story Purporting to “Reckon” with Steele’s Baseless Insinuations, CNN Spreads Durham’s Unsubstantiated Insinuations

On CIPA and Sequestration: Durham’s Discovery Deadends

The Disinformation that Got Told: Michael Cohen Was, in Fact, Hiding Secret Communications with the Kremlin


John Durham May Have Made Igor Danchenko “Aggrieved” Under FISA

Amidst a bunch of inaccurate quotations and insinuations, John Durham presented evidence in the Igor Danchenko indictment that Olga Galkina was (at least in part) seeking access when she claimed, in 2016, to be a fan of Hillary Clinton. And in the process, Durham may have created some significant discovery and FISA challenges for himself.

Olga Galkina, a friend of Igor Danchenko’s whom he said was the source for a key claim about Carter Page and all the discredited Michael Cohen claims, described herself this way in a declaration submitted in Alfa Bank’s lawsuit against Fusion GPS:

My name is Olga Aleksandrovna Galkina. I am a Russian citizen. I graduated with a law degree from Perm State University in 2002 and with a philology degree from Peoples’ Friendship University of Russia in 2004. In addition to Russian, I speak English and Bulgarian, and have basic knowledge of Georgian and Spanish.

My background is in journalism and public relations. I now work as a communications advisor. Previously, I held a number of positions in public relations and government, including head of the Governor’s Press Service in the Saratov Region (2005–2006); deputy head of the city administration in Saratov (2006–2007); and public relations advisor at Servers.com, a part of the XBT Holding group of companies that includes Webzilla (2015–2016).

[snip]

Igor Danchenko and I have been friends since our teen years in Perm, Russia. Through the years, Mr. Danchenko and I have communicated in person, over the phone, and through electronic messengers. I never gave my permission to Mr Danchenko to publish (or disclose to a third party) any part of our private discussions or private communications.

Mr. Danchenko and I met once in 2016. In connection with my job at Servers.com, I traveled to the United States in the spring of 2016 to participate in the Game Developers Conference event and investigate the prospects of running a public relations campaign for the company in the United States. I asked Mr. Danchenko to assist those efforts, and he introduced me to a third party, Charles Dolan, whom he thought could help. Mr. Danchenko and I did not discuss anything related to the Dossier or its contents during this meeting.

Note that this entire declaration is designed as a non-denial denial. The denial that she discussed the dossier in spring 2016, before the dossier project began, is in no way a denial that she discussed stuff — with Danchenko or Dolan — that ended up in the dossier, nor does she deny being the source of anything but the Alfa Bank allegations elsewhere in the declaration.

Durham describes Galkina this way.

At all times relevant to this Indictment, DANCHENKO maintained communications with a Russian national (“Russian Sub-Source-I”) based in a foreign country (“Country-1”) who, according to DANCHENKO, acted as one of DANCHENKO’s primary sources of information for allegations contained in the Company Reports. DANCHENKO and [Galkina] had initially met as children in Russia, and remained friends thereafter.

In or about early 2016, Russian Sub-Source-I began working at a business based in Country-1 (“Business-1”) that was owned by a Russian national and would later appear in the Company Reports. [Galkina] conducted public relations and communications work for Business-1

Business-1 would be XBT Holdings, which appeared in the last dossier report.

The Danchenko indictment barely mentions the long ties between him and Galkina, and doesn’t explain that she was the alleged source for the Cohen allegations (or even the claim that Danchenko named her as the source for a meeting Page had in Moscow, something utterly central to Durham’s project). Instead, it focuses on the fact that, after Danchenko himself met PR Executive Charles Dolan (through Fiona Hill) in February 2016, the next month, Danchenko introduced Dolan to Galkina for obvious business reasons, and then they all continued to communicate, both with Danchenko included and without him.

In or about March 2016, and prior to the June 2016 Planning Trip, DANCHENKO learned from Russian Sub-Source-I that Business-I was interested in retaining a U.S.-based public relations firm to assist with Business-1 ‘sentry into the U.S. market. DANCHENKO brokered a meeting between PR Executive-I and Russian Sub-Source-I to discuss a potential business relationship. Thereafter, PR Firm-I and Business-I entered a contractual relationship.

In or around the same time period, DANCHENKO, PR Executive-I, and Russian Sub-Source-I communicated about, among other things, the business relationship between Business-I and PR Firm-I. [my emphasis]

Thus far, this is garden variety networking, plopped into an indictment for reasons that do not directly relate to the crimes alleged.

The indictment then turns to laying out that, in conversations not including Danchenko, Dolan and Galkina spoke of their mutual enthusiasm for Hillary Clinton. Except the second paragraph Durham uses to substantiate “their [shared] support for Hillary Clinton” has nothing to do with Hillary Clinton, but in fact shows that Galkina was using Dolan’s ties to senior Russian officials for her own career advantage.

41. During the same time period, [Galkina] and [Dolan] communicated regularly via social media, telephone, and other means. In these communications and others, [Galkina] and [Dolan] discussed their political views and their support for Hillary Clinton.

[snip]

b. Additionally, on or about July 13, 2016, [Galkina] sent a message to a Russia-based associate and stated that [Dolan] had written a letter to Russian Press Secretary-I in support of [Galkina]’s candidacy for a position in the Russian Presidential Administration.

This is important, presumably, because it shows Dolan had better access to some figures in the dossier than Galkina did, but it has nothing to do with Hillary Clinton. It does, however, show that Galkina used her relationship with Dolan for access, even in Russia. And Durham is likely to argue that she used that access to obtain information that she then shared with Danchenko, which ended up in the dossier.

But it’s also important because, in the later communications quoted, Durham shows that Galkina was leveraging her relationship with Dolan — and bragging about it to an associate — in hopes of access under a Hillary presidency.

d. In or about August 2016, [Galkina] sent a message to a Russia-based associate describing [Dolan] as an “advisor” to Hillary Clinton. [Galkina] further commented regarding what might happen if Clinton were to win the election, stating in Russian, “[W]hen [[Dolan] and others] take me off to the State Department [to handle] issues of the former USSR, then we’ll see who is looking good and who is not.”

e. In or about September 2016, [Galkina] made a similar comment in a message to the same associate, stating in Russian that [Dolan] would “take me to the State Department if Hillary wins.”

f. On or about November 7, 2016 (the day before the 2016 U.S. Presidential election), Russian Sub-Source-I emailed [Dolan] in English and stated, in part: [] I am preparing you some information on former USSR/UIC countries, Igor [DANCHENKO] possibly told you about that. …. Tomorrow your country is having a great day, so, as a big Hillary fan, I wish her and all her supporters to have a Victory day. Hope, that someday her book will have one more autograph on it) Thank you for your help and support, Best regards, [First Name of Russian Sub-Source-I] [my emphasis]

All this Hillary support — shared with Dolan, but not (at least in this indictment) with Danchenko — does matter to Durham’s project. The allegations Danchenko attributed to Galkina were the most damning in the dossier, including the post-election (purportedly free) report that Michael Cohen had actually paid for Russian hackers. If she genuinely supported Hillary, it’s possible she knowingly fed Danchenko bullshit in hopes of helping Hillary’s chances.

But those Cohen allegations were also the earliest claims debunked in the dossier. By January 12, 2017 (so, importantly, weeks before Danchenko’s first FBI interview and before Galkina tasked Danchenko with a collection request in the wake of the dossier’s release), the FBI had obtained information marking the Cohen allegations as likely disinformation.

A January 12, 2017, report relayed information from [redacted] outlining an inaccuracy in a limited subset of Steele’s reporting about the activities of Michael Cohen. The [redacted] stated that it did not have high confidence in this subset of Steele’s reporting and assessed that the referenced subset was part of a Russian disinformation campaign to denigrate U.S. foreign relations. A second report from the same [redacted] five days later stated that a person named in the limited subset of Steele’s reporting had denied representations in the reporting and the [redacted] assessed that the person’s denials were truthful.

This report should have led the FBI to treat any allegation sourced to Galkina, including the damning Carter Page one, with caution. All the more so after Danchenko told them (as he did in his January interviews) that Galkina recognized Cohen’s name almost immediately when he asked her for information about Trump’s associates.

[Danchenko] began his explanation of the Prague and Michael Cohen-related reports by stating that Christopher Steele had given him 4-5 names to research for the election-related tasking. He could only remember three of the names: Carter Page, Paul Manafort and Michael Cohen. When he talked to [Galkina] in the fall of 2016 — he believes it was a phone call — he rattled off these names and, out of them, he was surprised to hear that [she] immediately [later [Danchenko] softened this to “almost immediately”] recognized Cohen’s name.

But her emails boasting that Dolan would get her access to State in a Hillary Administration are naked influence-peddling, whether for banal careerist reasons or for more malign purposes of access. They are what you’d expect from anyone with growing ties to a well-connected person, regardless of political leanings.

And we already knew — and the FBI knew — that Galkina had sent communications indicating strong support for Hillary (whether good faith or feigned for access purposes). That was revealed in a footnote to the DOJ IG Report declassified in response to Chuck Grassley and Ron Johnson demands in April 2020. That footnote strongly suggests that FBI learned it from obtaining Galkina’s communications under FISA Section 702 (the footnote only makes sense if they had 702 collection on Galkina and only Galkina), and they learned it by “early June 2017.”

FBI documents reflect that another of Steele’s sub-sources who reviewed the election reporting told the FBI in August 2017 that whatever information in the Steele reports that was attributable to him/her had been “exaggerated” and that he/she did not recognize anything as originating specifically from him/her. 347

347 The FBI [received information in early June 2017 which revealed that, among other things, there were [redacted]] personal and business ties between the sub-source and Steele’s Primary Sub-source; contacts between the sub-source and an individual in the Russian Presidential Administration in June/July 2016; [redacted] and the sub‐source voicing strong support for candidate Clinton in the 2016 U.S. elections. The Supervisory Intel Analyst told us that the FBI did not have Section 702 coverage on any other Steele sub‐source. [my emphasis]

Galkina is the one Danchenko sub-source that the FBI interviewed directly. The business ties between her and Danchenko reflect loans back and forth. The contacts reflected here with someone in the Presidential Administration in June/July may reflect Dolan’s recommendation of Galkina for a job. The second redaction here may even include a reference to Dolan.

There are a whole slew of implications from this detail, if it indeed reflects that FBI obtained Galkina’s communications using Section 702, which by description included the communications with Dolan about Hillary and would have included any US-cloud based communications she had Danchenko as well.

The first implication is that, in relying on communications involving Danchenko, Galkina, and Dolan (bold and underlined above), Durham may have made Danchenko an “aggrieved person” under FISA.

The term “aggrieved” under FISA is a technical legal one, and one that the US government makes great efforts to obscure. But anyone whose communications “were subject to electronic surveillance,” is aggrieved.

“Aggrieved person” means a person who is the target of an electronic surveillance or any other person whose communications or activities were subject to electronic surveillance.

And FISA mandates that the government provide FISA notice to someone if they intend to use evidence obtained or derived from electronic surveillance “in any trial, hearing, or other proceeding in or before any court.”

Whenever the Government intends to enter into evidence or otherwise use or disclose in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States, against an aggrieved person, any information obtained or derived from an electronic surveillance of that aggrieved person pursuant to the authority of this subchapter, the Government shall, prior to the trial, hearing, or other proceeding or at a reasonable time prior to an effort to so disclose or so use that information or submit it in evidence, notify the aggrieved person and the court or other authority in which the information is to be disclosed or used that the Government intends to so disclose or so use such information.

While the government treats information obtained from the cloud as a physical search, after the Snowden releases, DOJ started notifying some defendants of 702 surveillance and in 2018 (before Durham was appointed), Congress mandated that information obtained under FISA 702 be treated as electronic surveillance for FISA’s notice provision.

Information acquired from an acquisition conducted under section 1881b of this title shall be deemed to be information acquired from an electronic surveillance pursuant to subchapter I for purposes of section 1806 of this title.

In 2018, Congress has also imposed restrictions on the searches of 702 data for criminal prosecution, restrictions that the FBI famously blew off under Bill Barr.

Also in 2018, Congress demanded that the government keep better records of how US person names get unmasked in FISA surveillance.

To be very clear: this doesn’t help Danchenko all that much. The government’s precedents seem to say that notice provisions only trigger in an actual trial, so including reference to communications that would have first been obtained under 702 in an indictment probably wouldn’t normally trigger the notice requirement. If Durham restricted himself to using only those communications involving Galkina and Dolan but not Danchenko at trial, it would not render Danchenko “aggrieved,” because a person is only aggrieved if his own communications are used, not if communications of two associates he introduced are used to prosecute him.

Moreover, as anyone not named Carter Page would discover, FISA’s due process protections are basically useless. If DOJ determined that Danchenko was, indeed, aggrieved, he’d get notice and a judge would review how Galkina got targeted and almost immediately determine that Galkina was lawfully targeted under 702 (she was) and FBI was not primarily trying to get Danchenko’s communications with her (they weren’t), and that would be that.

Plus, DOJ has developed a number of ways to launder 702 information, such as getting the same information first obtained with a 702 directive with a warrant, and then claiming, implausibly, that the criminal process was not “derived from” the FISA process. Durham might even try to claim he didn’t discover this information via FISA, he obtained it via completely independent parallel means. In any case, DOJ has well-developed ways of parallel constructing information collected via sensitive means to hide its sourcing.

Still, Danchenko might have cause to question whether Durham complied with search requirements and whether the FBI properly documented any searches of Galkina’s communications used in a non-national security investigation, but even there, the original investigation implicating Galkina was undeniably a national security one, investigating whether Carter Page was a foreign agent, and so that original search would not require documentation (and preceded the rigorous application of that requirement in any case).

The point of all this is not that this helps Danchenko, at all, from a due process standpoint. But in the same way that Carter Page used his status as the first person to learn he was targeted under FISA without being prosecuted to cause a great deal of trouble, Danchenko might be able to use his status as someone whose prosecution appears to tie directly to 702 searches years ago to cause a great deal of trouble. Because DOJ has already declassified material that ties these communications to 702 collection, Danchenko may be able to demand transparency about FISA procedures that no one before him has ever been able to, and that may complicate prosecution of him.

And, at the very least, Danchenko will be able to demand discovery on the circumstances of this collection when otherwise, DOJ would be able to hide it under FISA disclosure protections. Normally, if DOJ did not rely on these communications, they would not have to inform Danchenko about them at all. But given that DOJ has already acknowledged them and seemingly identified them as Section 702 collection, DOJ will be forced to acknowledge that by early June 2017, they had these communications.

The fact that DOJ obtained information showing the ties between Dolan and Galkina in “early June” may go a long way (along with demonstrating Durham’s inaccurate citation) to disproving the alleged lie charged in Count One of this indictment. It certainly undermines Durham’s claims that the lie was material. It further will make it easy to suggest that this prosecution arises out of political animus (though that is always of limited use at trial).

In substantiating the case that Carter Page was wrongly aggrieved under FISA thanks to rumors passed along by Igor Danchenko, Durham appears to have similarly made Danchenko aggrieved himself. And that may help him defend himself in ways that would not otherwise be available.

Related documents

Danchenko posts

The Igor Danchenko Indictment: Structure

John Durham May Have Made Igor Danchenko “Aggrieved” Under FISA

“Yes and No:” John Durham Confuses Networking with Intelligence Collection

Daisy-Chain: The FBI Appears to Have Asked Danchenko Whether Dolan Was a Source for Steele, Not Danchenko

Source 6A: John Durham’s Twitter Charges

John Durham: Destroying the Purported Victims to Save Them

John Durham’s Cut-and-Paste Failures — and Other Indices of Unreliability

Aleksej Gubarev Drops Lawsuit after DOJ Confirms Steele Dossier Report Naming Gubarev’s Company Came from His Employee

In Story Purporting to “Reckon” with Steele’s Baseless Insinuations, CNN Spreads Durham’s Unsubstantiated Insinuations

On CIPA and Sequestration: Durham’s Discovery Deadends

The Disinformation that Got Told: Michael Cohen Was, in Fact, Hiding Secret Communications with the Kremlin


The Igor Danchenko Indictment: Structure

I’m going to do a series of posts on John Durham’s indictment of Igor Danchenko. Because the indictment is an organizational shit-show and because the order Durham adopts obscures real problems with the indictment, I’m going to do the posts out of order. But I want to start by laying out the organization he uses, which will serve as a means to link the series I will do and explain the import. (I’ll do running updates on this post.)

Here’s the organization; I’ve bolded the parts of the indictment that pertain to actually charged crimes, I’ve italicized those that don’t relate to the charges, and underlined one that includes other dodgy claims:

I. Introduction and Overview

A. Igor Danchenko

B. Orbis and Its Role in the 2016 Presidential Election Campaign

C. Charles Dolan

D. Danchenko’s Relationship with Dolan

E. Olga Galkina

F. Danchenko Introduces Galkina to Dolan

G. Sergei Millian

H. Danchenko’s US Election Reporting

II. Danchenko’s False Statements Involving Dolan

A. Dolan Provides Information Regarding Paul Manafort

B. Danchenko’s Statements to the FBI Regarding Dolan

III. The Materiality of Danchenko’s [Alleged] Lies Regarding Dolan

A. Danchenko’s Allegations Regarding Salacious Sexual Activity

    1. Dolan and Organizer-1 Receive a Tour of the Ritz Presidential Suite
    2. Danchenko’s Statements to the FBI Regarding the Ritz

B. Danchenko’s Allegations Regarding Russian Diplomat-1

    1. Danchenko’s Statements to the FBI Regarding Russian Diplomat-1

C. Danchenko’s Allegation Regarding Russian Chief of Staff-1

    1. Danchenko’s Statements to the FBI Regarding Chief of Staff-1

IV. Danchenko’s False Statement Regarding Disclosure of His Relationship with Steele and Orbis

V. Danchenko’s False Statements Regarding Allegations Sourced to Sergei Millian

A. Danchenko’s Alleged Phone Call with Millian

B. Danchenko’s False Statement Regarding His Alleged Phone Call with Millian

VI. The Materiality of Danchenko’s [Alleged] Lies Regarding Millian

Charges

  • On or about June 15, 2017, Danchenko denied to agents of the FBI that he had spoken with Dolan about any material contained in the Company Reports, when in truth and in fact, Dolan was the source for an allegation contained in a Company Report dated August 22, 2016 and was otherwise involved in the events and information described in the reports. [my emphasis]
  • On or about March 16, 2017, Danchenko stated to agents of the FBI that he received a late July 2016 telephone call from an individual who DANCHENKO believed was “probably” Chamber President-1, when in truth and in fact, and as the defendant well knew. Chamber President-1 never called DANCHENKO.
  • On or about May 18, 2017, Danchenko stated to agents of the FBI that he “was under the impression” that a late July 2016 telephone call that he received was from Chamber President-1, when in truth and in fact, and as the defendant well knew. Chamber President-1 never called DANCHENKO.
  • On or about October 24, 2017, Danchenko stated to agents of the FBI that he believed that he spoke to Chamber President-1 on the telephone on more than one occasion, when in truth and in fact, and as the defendant well knew, DANCHENKO never spoke to Chamber President-1.
  • On or about November 16, 2017, Danchenko stated to agents of the FBI that he believed that he had spoken to Chamber President-1 on the telephone, when in truth and in fact, DANCHENKO never spoke to Chamber President-I.

The reason I’m starting by laying out this structure is to show that two entire sections of this indictment (both italicized), Section III (Materiality of Danchenko’s alleged lies regarding Dolan) and Section IV (Danchenko’s False Statement regarding disclosure of his relationship with Steele and Orbis), are not charged at all. When Durham did something analogous in the Michael Sussmann indictment, Sussmann accused him of improperly including 404b information in the indictment.

In this case, however, it’s even worse. Section III insinuates that Dolan is the source for dossier allegations that Durham doesn’t even try to prove. He introduces them by making a provably bullshit materiality claim. Worse still, the evidence Durham presents totally undermines those allegations. Nevertheless, having included those insinuations, propagandists like Kim Strassel and purportedly serious reporters like Jonathan Swan have treated those allegations as if they’ve actually been charged. So this section was a very successful way that Durham used credulous hacks to repeat claims he’s not even trying to prove are true.

Section IV, as I will argue, is an outright misrepresentation, a claim that Danchenko lied about a topic when in fact Durham misrepresented the public record (which may be why it’s not charged). On paper, this section mostly attempts to corroborate Charge 1, that Danchenko lied about what Dolan said. But it’s more cynical both for the materiality claim Durham invents (that FBI couldn’t have known that Russia was feeding disinformation to Danchenko and Steele) and because Durham treats Hillary Clinton, not Russia, as the hostile adversary to the US.

Finally, in the underlined section on Olga Galkina, Durham attempts to insinuate that Galkina and Dolan had some conspiracy going. This section is another uncharged allegation. It’s made all the worse because all the available evidence (including that Galkina is credibly alleged to be the source for the most discredited claims in the dossier, that Michael Cohen was in Prague) suggests something more nefarious was going on. In this section, then, Durham runs interference for Russian intelligence.

The point of this structure is that Durham has used both the two italicized sections and the underlined one to make wild (and in some cases, provably false) insinuations without even intending to prove them.

Danchenko posts

The Igor Danchenko Indictment: Structure

John Durham May Have Made Igor Danchenko “Aggrieved” Under FISA

“Yes and No:” John Durham Confuses Networking with Intelligence Collection

Daisy-Chain: The FBI Appears to Have Asked Danchenko Whether Dolan Was a Source for Steele, Not Danchenko

Source 6A: John Durham’s Twitter Charges

John Durham: Destroying the Purported Victims to Save Them

John Durham’s Cut-and-Paste Failures — and Other Indices of Unreliability

Aleksej Gubarev Drops Lawsuit after DOJ Confirms Steele Dossier Report Naming Gubarev’s Company Came from His Employee

In Story Purporting to “Reckon” with Steele’s Baseless Insinuations, CNN Spreads Durham’s Unsubstantiated Insinuations

On CIPA and Sequestration: Durham’s Discovery Deadends

The Disinformation that Got Told: Michael Cohen Was, in Fact, Hiding Secret Communications with the Kremlin


January 6 Defendants Succeed in Proving They Were Treated Better than Other DC Detainees

As I’ve noted, because of Christopher Worrell’s claims he has been denied medical treatment (many claims of which don’t match his own medical record), Royce Lamberth held the Warden and the Director of the DC jail in contempt, leading to a Civil Rights Division investigation.

I’ve also noted Nate DeGrave’s fantastic complaints about jail conditions, including that he has to eat baloney sandwiches.

Yesterday, the Marshal Service revealed that, seemingly in response to Lamberth’s Worrell order, it did unannounced visits at several DC jail facilities. It determined that one DC jail facility was not fit to house inmates.

But that was the other DC jail facility — not the more modern one where all the January 6 defendants are housed.

The USMS inspection was prompted by recent and historical concerns raised regarding conditions at the DC DOC facilities, including those recently raised by various members of the judiciary.

The inspection encompassed two DC DOC housing facilities – the Central Treatment Facility (CTF) and the Central Detention Facility (CDF). During the unannounced inspection, the U.S. Marshal reviewed both housing facilities and conducted more than 300 voluntary interviews with detainees.

The U.S. Marshal’s inspection of CTF did not identify conditions that would necessitate the transfer of inmates from that facility at this time. CTF houses approximately 120 detainees in the custody of the USMS, including all the defendants in pre-trial custody related to alleged offenses stemming from events that took place on January 6 at the U.S. Capitol, as well as other federal detainees. Housing assignments for detainees are determined by the DC DOC.

The U.S. Marshal’s inspection of CDF revealed that conditions there do not meet the minimum standards of confinement as prescribed by the Federal Performance-Based Detention Standards. CDF houses approximately 400 detainees in the custody of the USMS.

Too be clear: The conditions the January 6 defendants are held in are still inadequate, at least with respect to their access to discovery and the limits on video conference rooms (which limit how quickly judges can schedule hearings, one of Judge Lamberth’s underlying complaints).

But as Judge Mehta has said in response to such claims, the conditions January 6 defendants are experiencing are the same that a number of other predominantly brown defendants, some of them who’ve been jailed significantly longer than the January 6 defendants, have been experiencing.

Or, in some cases, those other detainees were experiencing significantly worse conditions.

Update: Judge Lamberth ordered Worrell moved to Alexandria jail immediately, and released to home detention in Florida once Pre-trial services vets someone to take over his custody.


Baloney and Blackjack! A John Pierce Client Complains of Paying Too Much for What Had Been Free

It’s time to check in with John Pierce’s accumulation of January 6 clients.

The other day, the attorney who got fired by Kyle Rittenhouse apparently swapped family members to expand his docket. Pierce withdrew from the case of Jonah Westbury, who is charged, by himself, with trespassing. At virtually the same time, Pierce was making his first appearance in the case of Isaac and Robert Westbury and Aaron James, replacing lawyers for all three. Isaac Westbury and Aaron James are charged with civil disorder and assault, and all three are charged with trespassing. When Rudolph Contreras was sorting all this out a status hearing, Pierce explained, “ I think we’re up to 21, your honor!!!,” like a kid who has gotten his first 21 in blackjack. (h/t MK for the observation) Though unless not all his clients are noticed on the docket, he’s at 20 as of November 1.

Here are those 20, along with the clients who dropped him along the way:

Christopher Worrell: Christopher Worrell is a Proud Boy from Florida arrested on March 12. Worrell traveled to DC for the December MAGA protest, where he engaged in confrontational behavior targeting a journalist. He and his girlfriend traveled to DC for January 6 in vans full of Proud Boys paid for by someone else. He was filmed spraying pepper spray at cops during a key confrontation before the police line broke down and the initial assault surged past. Worrell was originally charged for obstruction and trespassing, but later indicted for assault and civil disorder and trespassing (dropping the obstruction charge). He was deemed a danger, in part, because of a 2009 arrest for impersonating a cop involving “intimidating conduct towards a total stranger in service of taking the law into his own hands.” Pierce first attempted to file a notice of appearance on March 18. Robert Jenkins (along with John Kelly, from Pierce’s firm) is co-counsel on the case. Since Pierce joined the team, he has indulged Worrell’s claims that he should not be punished for assaulting a cop, but neither that indulgence nor a focus on Worrell’s non-Hodgkins lymphoma nor an appeal succeeded at winning his client release from pre-trial detention. While Pierce was hospitalized with COVID, Pierce submitted some filings attempting to get Worrell out of jail because he’s not getting medical care; the most recent filing not only thrice misstated what jail Worrell is in, but also admitted he has refused treatment at least five times. On September 24, Alex Stavrou replaced Pierce, and almost immediately found success that Pierce had lacked in getting Judge Royce Lamberth to believe that Worrell is not getting adequate medical treatment in the DC jail.

1. William Pepe: William Pepe is a Proud Boy charged in a conspiracy with Dominic Pezzola and Matthew Greene for breaching the initial lines of defense and, ultimately, the first broken window of the Capitol. Pepe was originally arrested on January 11, though is out on bail. Pierce joined Robert Jenkins on William Pepe’s defense team on March 25. By April, Pierce was planning on filing some non-frivolous motions (to sever his case from Pezzola, to move it out of DC, and to dismiss the obstruction count), but not much has happened since.

2. Paul Rae: Rae is another of Pierce’s Proud Boy defendants and his initial complaint suggested Rae could have been (and could still be) added to the conspiracy indictments against the Proud Boys already charged. He was indicted along with Arthur Jackman for obstruction and trespassing; both tailed Joe Biggs on January 6, entering the building from the East side after the initial breach. Pierce filed to join Robert Jenkins in defending Rae on March 30.

3. Stephanie Baez: On June 9, Pierce filed his appearance for Stephanie Baez. Pierce’s interest in Baez’ case makes a lot of sense. Baez, who was arrested on trespassing charges on June 4, seems to have treated the January 6 insurrection as an opportunity to shop for her own Proud Boy boyfriend. Plus, she’s attractive, unrepentant, and willing to claim there was no violence on January 6. Baez was formally charged with trespassing on August 4.

Victoria White: White was detained briefly on January 6 then released, and then arrested on April 8 on civil disorder and trespassing charges. At one point on January 6, she was filmed trying to dissuade other rioters from breaking windows, but then she was filmed close to and then in the Tunnel cheering on some of the worst assault. Pierce filed his notice of appearance in White’s case on June 10. On September 3, while Pierce was in the hospital with COVID, White told Judge Faruqui she didn’t want Pierce to represent her anymore.

Ryan Samsel: After consulting with Joe Biggs, Ryan Samsel kicked off the riot by approaching the first barriers and — with several other defendants — knocking over a female cop, giving her a concussion. He was arrested on January 30 and is still being held on his original complaint charging him with assault and civil disorder. He’s obviously a key piece to the investigation and for some time it appeared the government might have been trying to persuade him that the way to minimize his significant exposure (he has an extensive criminal record) would be to cooperate against people like Biggs. But then he was brutally assaulted in jail. Detainees have claimed a guard did it, and given that Samsel injured a cop, that wouldn’t be unheard of. But Samsel seemed to say in a recent hearing that the FBI had concluded it was another detainee. In any case, the assault set off a feeding frenzy among trial attorneys seeking to get a piece of what they imagine will be a huge lawsuit against BOP (as it should be if a guard really did assault him). Samsel is now focused on getting medical care for eye and arm injuries arising from the assault. And if a guard did do this, then it would be a key part of any story Pierce wanted to tell. After that feeding frenzy passed, Pierce filed an appearance on June 14, with Magistrate Judge Zia Faruqui releasing his prior counsel on June 25. Samsel is a perfect defendant for Pierce, though (like Rittenhouse), the man badly needs a serious defense attorney. On July 27, Samsel informed Magistrate Judge Zia Faruqui that he would be retaining new counsel.

4. James McGrew: McGrew was arrested on May 28 for assault, civil disorder, obstruction, and trespassing, largely for some fighting with cops inside the Rotunda. His arrest documents show no ties to militias, though his arrest affidavit did reference a 2012 booking photo, he has some drug-related crimes, and he violated probation in the period before he was arrested. Pierce filed his appearance to represent McGrew on June 16, and he’s currently trying to get McGrew bailed by arguing he wasn’t assaulting cops, he was looking for his mother. Update: Chief Judge Howell denied the effort to reopen detention fairly resoundingly.

Alan Hostetter: John Pierce filed as Hostetter’s attorney on June 24, not long after Hostetter was indicted with five other Three Percenters in a conspiracy indictment paralleling those charging the Oath Keepers and Proud Boys. Hostetter was also active in Southern California’s anti-mask activist community, a key network of January 6 participants. Hostetter and his defendants spoke more explicitly about bringing arms to the riot, and his co-defendant Russell Taylor spoke at the January 5 rally. On August 3, even before Pierce’s bout with COVID halted his relentless acquisition of new Jan 6 clients, Hostetter replaced Pierce, and Hostetter has since gotten permission to represent himself.

5, 6, 7. On June 30, Pierce filed to represent David Lesperance, and James and Casey Cusick. As I laid out here, the FBI arrested the Cusicks, a father and son that run a church, largely via information obtained from Lesperance, their parishioner. They were originally separately charged (LesperanceJames CusickCasey Cusick), all with just trespassing, but have since been joined in one case. The night before the riot, father and son posed in front of the Trump Hotel with a fourth person besides Lesperance (though Lesperance likely took the photo).

Kenneth Harrelson: On July 1, Pierce filed a notice of appearance for Harrelson, who was first arrested on March 10. Leading up to January 6, Harrelson played a key role in Oath Keepers’ organizing in Florida, particularly meetings organized on GoToMeeting. On the day of the riot, Kelly Meggs had put him in charge of coordinating with state teams. Harrelson was on the East steps of the Capitol with Jason Dolan during the riot, as if waiting for the door to open and The Stack to arrive; with whom he entered the Capitol. With Meggs, Harrelson moved first towards the Senate, then towards Nancy Pelosi’s office. When the FBI searched his house upon his arrest, they found an AR-15 and a handgun, as well as a go-bag with a semi-automatic handgun and survivalist books, including Ted Kaczynski’s writings. Harrelson attempted to delete a slew of his Signal texts, including a video he sent Meggs showing the breach of the East door. Pierce attempted to get Harrelson out on bail by joining in the bail motion of one of his co-defendants, which may either show how little he knows about defense work or how little he cares. On October 8, Harrelson replaced Pierce with Brad Geyer, and anti-vaxxer who just got slapped down by Amit Mehta for trying to make this case about that, instead of attacking democracy.

MINUTE ORDER denying Defendant KENNETH HARRELSON (10) and KELLY MEGGS’s (8) [476] Motion for Enlargement of Page Limit. Whatever motion Defendants intend to file, the court will stop reading it after page 45. See LCrR 47(e). The court will not allow this case to become a forum for bombastic arguments (“SCOTUS Could Not Have Foreseen the Holocaust,” see ECF No. 476-2, at 1) or propagating fringe views about COVID-19 or vaccinations (“A Human Experiment Unlike Any Other,” “Pseudo-Science Displaces Science,” “Mandatory Everything,” “C19 Conspiracy Structure,” see ECF No. 476-2, at 2). To this court’s knowledge, the D.C. Department of Corrections does not require any person held there to accept a COVID-19 vaccine. If that is the intended basis of Defendants’ motion, they must file a brief of no more than five pages (excluding exhibits) establishing such a mandatory policy before the court will accept a longer filing. Signed by Judge Amit P. Mehta on 11/01/2021.

8. Leo Brent Bozell IV: It was, perhaps, predictable that Pierce would add Bozell to his stable of defendants. “Zeeker” Bozell is the scion of a right wing movement family including his father who has made a killing by attacking the so-called liberal media, and his grandfather, who was a speech writer for Joseph McCarthy. Because Bozell was released on personal recognizance there are details of his actions on January 6 that remain unexplained. But he made it to the Senate chamber, and while there, made efforts to prevent CSPAN cameras from continuing to record the proceedings. He was originally arrested on obstruction and trespassing charges on February 12; his indictment added an abetting the destruction of government property charge, the likes of which have been used to threaten a terrorism enhancement against militia members. Pierce joined Bozell’s defense team (thus far it seems David B. Deitch will remain on the team) on July 6.

9. Nate DeGrave: DeGrave is part of what I’ve called the “disorganized militia” conspiracy, a handful of guys who met online, ordered a bunch of gear from Amazon, and then happened to be at several key places — the East Door of the Capitol and the Senate — during the riot.The night before DeGrave’s quasi co-conspirator Josiah Colt pled guilty as part of a cooperation agreement, July 13, Pierce filed a notice of appearance for Nate DeGrave.

10 and 11. Nathaniel Tuck and Kevin Tuck: On July 19, Pierce filed a notice of appearance for Nathaniel Tuck, the Florida former cop Proud Boy. On July 20, Pierce filed a notice of appearance for Kevin Tuck, Nathaniel’s father and still an active duty cop when he was charged. This means he represents three of the people charged, together but in a conspiracy, for tagging along behind Joe Biggs the day of the riot.

12. Peter Schwartz: On July 26, Pierce filed a notice of appearance for Peter Schwartz, a felon out on COVID-release accused of macing some cops.

13. Jeramiah Caplinger: On July 26, Pierce filed a notice of appearance for Jeramiah Caplinger, who drove from Michigan and carried a flag on a tree branch through the Capitol.

Deborah Lee: On August 23, Pierce filed a notice of appearance for Deborah Lee, who was arrested on trespass charges months after her friend Michael Rusyn. On September 2, Lee chose to be represented by public defender Cara Halverson.

14. Shane Jenkins: On August 25, Pierce colleague Ryan Marshall showed up at a status hearing for Jenkins and claimed a notice of appearance for Pierce had been filed the night before. In that same hearing, he revealed that Pierce was in a hospital with COVID, even claiming he was on a ventilator and not responsive. The notice of appearance was filed, using Pierce’s electronic signature, on August 30, just as DOJ started sending out notices that all Pierce cases were on hold awaiting signs of life. Jenkins is a felon accused of bringing a tomahawk to the Capitol and participating in the Lower West Tunnel assaults on cops.

15. Anthony Sargent: On September 25, Pierce filed a notice of appearance for Sargent, yet another Florida Proud Boy, this one who tried to breach the North Doors.

16. David Mehaffie: On October 12, dubbed #TunnelCommander by online researchers and charged with orchestrating some of the worst fighting in the Tunnel, David Mehaffie, fired his superb public defender Sabrina Shroff and hired John Pierce.

17: Ronald McAbee: On October 25, Pierce filed a notice of appearance for Ronald McAbee, a former Georgia Sheriff with ties to the Three Percenters charged in a sweeping indictment of those who dragged some cops out of the Tunnel and beat them.

Jonah Westbury: On October 26, Pierce filed a notice of appearance for Jonah Westbury and then, three days later, on October 29, he dropped off the case. I wonder if he just got the wrong Westbury family member?

18, 19, 20: Also on October 26, Pierce filed a notice to replace the existing lawyers for Isaac and Robert Westbury and Aaron James.

As I’ve noted in the past, John Pierce appears to believe he can gaslight his way to liberating these clients — or at least profiting wildly along the way.

Witness the bullshit narrative that one of his clients, Nate DeGrave, has released from jail, as tweeted out by Brad Geyer. Nates the one in this video wearing the all-black armor, and Ronnie Sandlin, the guy in orange, is his alleged co-conspirator. Other rioters tried to restrain DeGrave here.

DeGrave’s letter from jail is a transparent attempt to make false claims to sustain a fairy tale that he and others in the DC jail are 1) being detained merely for protesting and 2) being treated any differently from other people in the DC jail, including some who, because of COVID, have been there even longer than Jan6ers have.

One of his complaints is that he’s being fed baloney sandwiches, which he says is causing him to starve and/or spend money at the commissary.

We are undergoing SEVERE NUTRITIONAL DEFICIENCIES and STARVATION. For breakfast this morning, I received a tray of flavorless paste, two slices of bread, and a slice of bologna. Lunches usually consist of rice and beans, but we’ll get cold chicken/beef patties if we are lucky. For dinner, we are sometimes fed a diet of cheese sandwiches, and bologna and cheese 4 to 5 times per week. Without commissary, people like myself are FORCED TO STARVE.

He also asserts that the around 40 of Jan6ers in the DC jail (which includes at least one and possibly several Black men) are not white supremacists, but then describes the guards as “liberal migrants,” white supremacist code.

And last but not least, we experience racism from many guards on a daily basis, being the ONLY WHITE REPUBLICANS in the entire jail.

The false narrative is has been passed around the jail and to corrections officers that we are “white supremacists” (we are NOT). The inmate population is predominantly black, so we are at risk being here because of this false narrative. The guards are mostly liberal migrants from Africa who have been conditioned to hate us, and hate America. Jan 6ers have been mocked, beaten and ridiculed by guards for singing the National Anthem.

Much of what DeGrave complains about, though, are COVID restrictions that apply equally to other detainees at the jail, but which Jan6ers likely have exacerbated because so many of them are anti-vaxxers.

For the first 120 days in DC’s Gitmo, Jan 6ers experienced DAILY LOCKDOWNS for 23-24 HOURS before being allowed to leave our small 120 sq. ft cell.

[snip]

Masks are WEAPONIZED and used against us, even though we NEVER leave the facility. Officers have walked in with the SOLE INTENTION of needing to write 20-30 disciplinary reports against Jan 6ers, which adversely effects our chances of release and causes loss of privileges, phone time and commissary. Masks need to be covering both the nose and mouth AT ALL TIMES or we are threatened and locked down in our cells. Jan 6ers are always respectful to the employees around us, but C.Os maintain the need to invent reasons for discipline.

[snip]

If it’s a legal visit, we are placed in a 14 day quarantine, with no out of cell time; EVEN IF your attorney is VACCINATED and tests NEGATIVE for Covid.

Visits with friends or family members, for unvaccinated inmates, are NEVER ALLOWED. As a result, many people have skipped critical meetings with their council, and NEVER get an opportunity to see friends or family.

Mostly though, DeGrave is angry that after participating in an attack on the Capitol, including two alleged assaults on cops, he is being detained as a threat to the community and flight risk, which — it turns out — has consequences, including being kicked off social media by private corporations that don’t want to host seditious content.

And the jail MUST PAY for what they are doing to this country’s citizens. As a result of this unlawful detainment the last 9 months, I have lost everything. The successful business I spent 13 years of my life working on, my apartment in Las Vegas, social media accounts with a lifetime of memories…you name it. The government has essentially CANCELLED ME. Not only that, but following the arrest, my best friend of 12 years robbed my apartment, stole my cat, and hacked my personal Instagram with 100,000+ followers.

At the end of the letter comes the grift — the ask for financial help, in part to pay for commissary so he doesn’t have to eat baloney sandwiches, in part for what he deems, “legal expenses.”

If there’s anything you can do to help, I would appreciate anything at all.

Inmates here are being extorted with lack of nutrition, forcing me to spend most of what’s left on commissary which I can no longer afford. I need desperate help with my legal expenses and just help staying alive in here with commissary and all the expenses I still have on the outside as my livelihood and life has been stripped away from me. Thank you for any her you can afford, even if it is a few dollars it goes a long way in here.

It’s possible what DeGrave really wants is funding to profit off this grift — that has been the case in the past with John Pierce’s other indentured defendants.

But since DeGrave is suggesting that he needs money for his legal expenses — suggesting he needs money to pay John Pierce — it’s worth noting that DeGrave (like an growing number of Pierce’s clients) had good public defenders (like Shroff) or CJA counsel, like Joanne Slaight, who represented DeGrave from when he was arrested in January until Pierce took over in July. Slaight’s the one, not Pierce, who made a sustained effort to get DeGrave released on bail. Pierce has done little since he took over (hampered, no doubt, by his bout with COVID and the fact that one of his key assistants is not permitted to practice law). He has joined Ronnie Sandlin’s challenge to the application of 1512, but his efforts are among the more frivolous in what is otherwise a legitimate challenge to this application, arguing as it does that the entire vote certification is unconstitutional and that the means by which “corruptly” has been adjudged is “legal sophistry.”

But the solemn and formal proceedings relied upon by the government are on their face unconstitutional and following through with those proceedings was an unlawful act.

[snip]

A system of laws cannot function on the government’s proffered mechanism for distinguishing lawful from unlawful obstruction in this circumstance — “The jury will figure it out.” It is legal sophistry to claim that the defects in the statute raised by this motion will be solved by this Court fashioning instructions for a lay jury to distinguish “corrupt” obstruction from “noncorrupt” obstruction.

In other words, Pierce appears to have done more to encourage DeGrave to disseminate false claims about his own actions than what the taxpayer funded lawyer who preceded him did. And DeGrave at least claims that gaslighting serves, in part, to pay Pierce.


Donald Trump Would Withhold Evidence about Whether Enrique Tarrio Really Did Visit the White House Last December

One of the most dramatic events of 9/11 came when Dick Cheney authorized the shootdown of United flight 93, and only afterwards contacted President Bush to confirm the order.

At some time between 10:10 and 10:15, a military aide told the Vice President and others that the aircraft was 80 miles out.Vice President Cheney was asked for authority to engage the aircraft.218 His reaction was described by Scooter Libby as quick and decisive, “in about the time it takes a batter to decide to swing.” The Vice President authorized fighter aircraft to engage the inbound plane. He told us he based this authorization on his earlier conversation with the President.The military aide returned a few minutes later, probably between 10:12 and 10:18, and said the aircraft was 60 miles out. He again asked for authorization to engage.TheVice President again said yes.219

At the conference room table was White House Deputy Chief of Staff Joshua Bolten. Bolten watched the exchanges and, after what he called “a quiet moment,”suggested that theVice President get in touch with the President and confirm the engage order. Bolten told us he wanted to make sure the President was told that the Vice President had executed the order. He said he had not heard any prior discussion on the subject with the President.220

The Vice President was logged calling the President at 10:18 for a two-minute conversation that obtained the confirmation. On Air Force One, the President’s press secretary was taking notes; Ari Fleischer recorded that at 10:20, the President told him that he had authorized a shootdown of aircraft if necessary.221

The revelation was an early warning about Cheney’s willingness to assume the power of the President. But identifying it also allowed the government to consider tweaking presidential authorities and improving communications for such moments of crisis.

We know this happened, as laid out in the 9/11 Report, based on Switchboard Logs that recorded Cheney’s call to Bush, the Presidential Daily Diary recounting the President’s and Vice President’s actions, and Press Secretary Ari Fleischer’s notes.

218.White House notes, Lynne Cheney notes, Sept. 11, 2001;White House notes, Lewis Libby notes, Sept. 11, 2001.

219. For Libby’s characterization, see White House transcript, Scooter Libby interview with Newsweek, Nov. 2001. For the Vice President’s statement, see President Bush and Vice President Cheney meeting (Apr. 29, 2004). For the second authorization, see White House notes, Lynne Cheney notes, Sept. 11, 2001;White House notes, Lewis Libby notes, Sept. 11, 2001.

220. Joshua Bolten meeting (Mar. 18, 2004); see also White House notes, Lewis Libby notes, Sept. 11, 2001 (“10:15–18:Aircraft 60 miles out,confirmed as hijack—engage?VP:Yes.JB [Joshua Bolten]:Get President and confirm engage order”).

221. For the Vice President’s call, see White House record, Secure Switchboard Log,Sept.11,2001; White House record, President’s Daily Diary, Sept. 11, 2001;White House notes, Lewis Libby notes, Sept. 11, 2001. Fleischer’s 10:20 note is the first mention of shootdown authority. See White House notes, Ari Fleischer notes, Sept.11,2001; see also Ari Fleischer interview (Apr. 22, 2004).

These are precisely the kinds of records that, according to a declaration from the White House Liaison with the National Archive, Donald Trump wants to withhold from the January 6 Select Committee, including from Committee Co-Chair Liz Cheney. The declaration was submitted in support of a filing opposing Trump’s effort to invoke privilege over such files. Politico first reported on the filing.

According to NARA’s Liaison John Laster, Trump is attempting to invoke privilege over precisely the analogous records from during the January 6 terrorist attack: presidential diaries, switchboard records, and Press Secretary Kayleigh McEnany’s records.

32. First Notification: The First Notification includes 136 pages of records transferred to NARA from (i) the files of Chief of Staff Mark Meadows, (ii) the files of Senior Advisor to the President Stephen Miller, (iii) the files of Deputy Counsel to the President Patrick Philbin, (iv) the White House Daily Diary, which is a chronological record of the President’s movements, phone calls, trips, briefings, meetings, and activities, (v) the White House Office of Records Management, and (vi) the files of Brian de Guzman, Director of White House Information Services.

31. President Trump made particularized assertions of executive privilege over 46 of these 136 pages of records (including seven pages of records that, as noted above, had been removed as non-responsive). He asserted privilege over: (i) daily presidential diaries, schedules, appointment information showing visitors to the White House, activity logs, call logs, and switchboard shift-change checklists showing calls to the President and Vice President, all specifically for or encompassing January 6, 2021 (30 pages); (ii) drafts of speeches, remarks, and correspondence concerning the events of January 6, 2021 (13 pages); and (iii) three handwritten notes concerning the events of January 6 from Mr. Meadows’ files (3 pages).

32. Second Notification: The Second Notification includes 742 pages of records transferred to NARA from: (i) the files of Chief of Staff Mark Meadows; (ii) the White House Office of the Executive Clerk; (iii) files from the White House Oval Office Operations; (iv) the files of White House Press Secretary Kayleigh McEnany; and (v) Senior Advisor to the President Stephen Miller.

33. President Trump made particularized assertions of executive privilege over 656 of these 742 pages of records. He asserted privilege over: (i) pages from multiple binders containing proposed talking points for the Press Secretary, interspersed with a relatively small number of related statements and documents, principally relating to allegations of voter fraud, election security, and other topics concerning the 2020 election (629 pages); (ii) presidential activity calendars and a related handwritten note for January 6, 2021, and for January 2021 generally, including January 6 (11 pages); (iii) draft text of a presidential speech for the January 6, 2021, Save America March (10 pages); (iv) a handwritten note from former Chief of Staff Mark Meadows’ files listing potential or scheduled briefings and telephone calls concerning the January 6 certification and other election issues (2 pages); and (v) a draft Executive Order on the topic of election integrity (4 pages).

34. Third Notification: The Third Notification includes 146 pages of records transferred to NARA from (i) the White House Office of the Executive Clerk and (ii) the files of Deputy White House Counsel Patrick Philbin.

35. President Trump made particularized assertions of executive privilege over 68 of these 146 pages of records. He asserted privilege over: (i) a draft proclamation honoring the Capitol Police and deceased officers Brian Sicknick and Howard Liebengood, and related emails from the files of the Office of the Executive Clerk (53 pages); and (ii) records from the files of Deputy White House Counsel Patrick Philbin, including a memorandum apparently originating outside the White House regarding a potential lawsuit by the United States against several states President Biden won (4 pages), an email chain originating from a state official regarding election-related issues (3 pages), talking points on alleged election irregularities in one Michigan county (3 pages), a document containing presidential findings concerning the security of the 2020 presidential election and ordering various actions (3 pages), and notes apparently indicating from whom some of the foregoing were sent (2 pages). [my emphasis]

While the (very good) DOJ filing describes that Trump is withholding documents that prior Presidents had shared, it doesn’t provide examples of the how useful this information had been in understanding past terrorist attacks.

And these documents aren’t even the potentially most damning documents, either.

Because the committee request asks for communications referring to the Proud Boys’ and election results and includes Enrique Tarrio on a list of enumerated individuals covered by the request, the response from NARA might reveal whether the Proud Boys’ leader was telling the truth when he claimed to visit the White House on December 12, or whether the White House truthfully reported that he had simply joined a tour of the building.

All documents and communications referring or relating to QAnon, the Proud Boys, Stop the Steal, Oath Keepers, or Three Percenters concerning the 2020 election results, or the counting of the electoral college vote on January 6, 2021.

From April 1, 2020, through January 20, 2021, all documents and communications concerning the 2020 election and relating to the following individuals:

[snip]

Enrique Tarrio,

[h/t miladysmama for this observation]

The attempt to withhold basic White House documents about who showed up when is not, just, an obvious attempt by Donald Trump to cover up his own crimes. It’s not just an attempt to hide how, in contrast to Dick Cheney, he did nothing as the nation’s capital was attacked.

It’s also an attempt to hide whether Trump invited the terrorists inside the White House to plot the event.

 


Steve Bannon Was Made to Testify, Truthfully, Once

Chuck Rosenberg has an interesting prosecutor’s analysis arguing — based on Steve Bannon’s indictment for fraud — that Bannon can never be made to testify truthfully, and so DOJ should be considering criminal contempt to send a message.

Recall, in August 2020, federal prosecutors in Manhattan indicted Bannon and others for “defraud[ing] hundreds of thousands of donors, capitalizing on their interest in funding a border wall to raise millions of dollars, under the false pretense that all of that money would be spent on construction,” according to a Justice Department press release. As a legal matter, that meant that a grand jury found probable cause to believe that several defendants – including Bannon – committed an egregious fraud. Before Bannon could be tried on those felony charges, former President Trump pardoned him.

It makes sense for Justice Department prosecutors to ask whether Bannon – accused of defrauding hundreds of thousands of donors – would tell the truth about the January 6 insurrection. And because Bannon has demonstrated his disdain for the work of the select committee, helped spread election misinformation and fanned the flames ahead of the insurrection, it seems that he might be an unwilling witness and an untruthful witness. In that case, pressuring Bannon to testify seems pointless.

The notion of letting someone off the subpoena hook because they are unwilling to testify, or because they are untruthful, or both, is distasteful. Accountability matters, before Congress and in the criminal justice system. We should expect people to come forward and tell Congress what they know, to help better understand the events leading up to that awful day and to ensure that something like that never happens again.

But some people are more interested in staging insurrections and discrediting valid elections than they are in speaking the truth. Some people might use a congressional forum not to help heal the nation, but to further sow division. In that case, pursuing civil contempt against Bannon to pressure him to testify makes little sense. But charging him with criminal contempt – punishing his defiance – sends the right message to him and others.

I’m in no position to question Rosenberg’s wisdom speaking as a prosecutor.

But the public record suggests that Bannon can be coerced to testify in damning ways. That’s what happened with the Mueller investigation, possibly assisted with Bannon’s staged testimony to the House Intelligence Committee.

Steve Bannon is known to have testified in various forms at least nine times (this post analyzes Bannon’s second Mueller interview, this post describes how he read from a White House script at his second HPSCI interview, this post describes how he inched closer to the truth, and this post includes links and analysis on the Mueller interviews liberated by BuzzFeed).

  1. January 16, 2018: Bannon did an interview with the House Intelligence Committee at which he refused to testify about the Transition and Administration and falsely claimed the campaign would have all relevant emails on Russian interference, which served to cover-up damning emails he had with Roger Stone.
  2. February 12, 2018: Bannon’s first Mueller interview largely covered obstruction; as with the HPSCI interview days later and the SSCI interview nine months later, Bannon hid his involvement in sanctions discussions during the transition.
  3. February 14, 2018: Bannon’s second Mueller interview finished obstruction topics and covered campaign related events and included some breathtaking lies about his role and knowledge of optimizing the hacked releases.
  4. February 15, 2018: After Devin Nunes shared the transcript of his first interview with the White House, Bannon did another HPSCI interview and largely read from a pre-arranged script from the White House designed to hide (among other things) his involvement in discussions about sanctions before Mike Flynn attempted to undermine Obama’s sanctions on Russia.
  5. October 26, 2018: After Mueller obtained communications proving a number of Bannon’s lies in the earlier interviews, he inched closer to the truth on obstruction and the WikiLeaks releases (including about a December 2016 meeting between Roger Stone and Trump that Trump wanted Bannon to attend as a witness), though still told incredible stories about his ties to Russia during the transition.
  6. November 19, 2018: In an appearance before the Senate Intelligence Committee, he told suspected lies that the committee referred for prosecution. [I’ve excerpted the parts of his testimony quoted in the SSCI Report here.]
  7. January 19, 2019: The content of a January 19, 2019 interview and grand jury appearance (one that took place after Mueller obtained Bannon’s HPSCI transcripts) remains entirely sealed, but he was forced to adhere to some of it at Roger Stone’s trial and Stone has recently accused Bannon of betrayal in this appearance.
  8. Unknown date (possibly July 26, 2019): A trial prep interview with DC’s AUSAs at which Bannon tried to back off his grand jury testimony.
  9. November 8, 2019: After prosecutors forced him to match his grand jury testimony, Bannon testified to speaking to Stone about the hacked emails both before and after he joined the Trump campaign.

Somehow, Mueller’s attorneys were able to get Bannon to be more truthful in that grand jury appearance, and then with it, they forced him to adhere to his more damning testimony at Roger Stone’s trial. But Stone’s continued attacks on Bannon suggest Bannon’s grand jury testimony extended beyond his trial testimony.

My guess is that Mueller’s team got Bannon to tell something approximating the truth on some topics via a range of tactics. First, Bannon originally lied about when he used his personal email on the campaign; after Mueller obtained some damning emails with Roger Stone from that email, Bannon conceded more of the truth. Additionally, Bannon clearly was playing different audiences for different purposes (for example, Republicans ensured that the entirety of the HPSCI investigation served to get Trump flunkies to tell false cover stories, and as noted, Bannon literally read from a White House issued script in his second appearance). But that likely served to alert prosecutors to what Bannon was trying to hide (and in the case of Bannon’s efforts to hide his knowledge of discussion of sanctions during the transition, Mueller actually got somewhat useful testimony from Flynn). Finally, it seems likely that prosecutors used earlier lies to coerce Bannon to tell the truth later in their investigation.

To be clear, the January 6 Select Committee doesn’t have the time to coerce some truths out of Steve Bannon, though it’s possible that DOJ could use any testimony he did offer as Mueller’s team seems to have done during their investigation, as a means to corner him about prior lies.

In any case, tough his testimony helped convict Roger Stone (after which Trump pardoned the rat-fucker), whatever truths Bannon told during the Mueller investigation were useless. The truthful bits remained sealed in an unreleased 302 and grand jury testimony, of no use to the public.

Still, the overriding lesson from Bannon’s book of laughter and forgetting is that his past lies and changing loyalties can be exploited, if you have the time to really work on him.

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Originally Posted @ https://www.emptywheel.net/author/emptywheel/page/3/