Trophy Documents: The Entire Point Was to Make FBI Obedient

Those who didn’t follow John Durham’s trials closely undoubtedly missed the parade of scarred FBI personnel whose post-Crossfire Hurricane vulnerability Durham attempted to exploit to support his invented claims of a Clinton conspiracy.

Sure, lots of people wrote about Jim Baker’s inability to provide credible answers about the meeting he had with Michael Sussmann in September 2016. Fewer wrote about the credible case that Sussmann’s attorneys made that a prior Durham-led investigation into Baker — for sharing arguably classified information with a reporter in an attempt to forestall publication of a story — made Baker especially quick to cooperate with Durham in 2020. Fewer wrote about Baker’s description of the stress of Jim Jordan’s congressional witch hunts.

It sucked because the experience itself, sitting in the room being questioned the way that I was questioned, was, as a citizen of the United States, upsetting and appalling, to see members of Congress behaving the way that they were behaving. It was very upsetting to me.

[snip]

It sucked because my friends had been pilloried in public, my friends and colleagues had been pilloried in public, improperly in my view; that we were accused of being traitors and coup plotters. All of this was totally false and wrong.

Such a circus was the kind of thing that might lead someone like Baker to prefer the “order” of a prosecutor chasing conspiracy theories, someone whose memory was seared by the firing of Jim Comey.

[Sean Berkowitz]. And this is a pretty terrible experience as well. Right?

A. It’s more orderly.

Q. (Gestured with hand to ear.)

A. This is more orderly. It’s terrible but orderly.

Q. And you’re doing the best you can. Right, sir?

A. Yes, sir.

Q. But it’s hard to remember events from a long time ago, 1snre sez

A. It depends on what the event is. I remember Jim Comey being fired, for example. That’s a long time ago and I have a clear recollection of that. So it depends on what you’re talking about.

But Baker wasn’t the only one who discussed the years of scrutiny. Counterintelligence Special Agent Ryan Gaynor, who worked in DC on the Russian investigations during 2016, described how in October 2020, after he revealed to Durham’s team that he knew a DNC lawyer had brought in the Alfa Bank tip, Durham’s team told him they were no longer treating him as a witness, but as a subject of the investigation.

A. Yeah. There were two thoughts. The first one was that I felt like I had woefully ill prepared for the meeting, because I didn’t know what the meeting was honestly going to be about with this investigation.

The second thought was that I was in significant peril, and it was very concerning as a DOJ employee to be told that now the Department of Justice is interested in looking at you as a subject instead of a witness.

Sussmann lawyer Michael Bosworth got Gaynor to explain that after he told a story more to Durham’s liking, he was moved back to the status of witness.

During his testimony, Curtis Heide (who played a key role in the George Papadopoulos investigation) explained how the FBI Inspection Division investigation into Crossfire Hurricane Agents, including him, remained pending, 6 years after the events in question. He noted that, three years after the DOJ IG Report, he was still being investigated even though he, “didn’t author any of the affidavits or any of the materials related to the applications in question.”

The same was true in the Danchenko case. Brian Auten, a key intelligence analyst on Crossfire Hurricane, described how, after having met with agents from DOJ IG four times, having done a long report for FBI’s Internal Affairs Division, and having met with the Senate Judiciary Committee — all with no concerns raised about his own conduct — the first time he met with Durham’s team, he was told he was a subject of the investigation. After Auten gave testimony that confirmed Danchenko’s reliability — seriously damaging his case — Durham himself raised investigations that undermined his own witness’ testimony.

Q. Do you recall that there was a reporter that the OIG had written concerning the Carter Page FISAs?

A. Yes.

Q. And how would you characterize that report?

A. The report was quite extensive and it discussed characterizing a number of errors and omissions.

Q. And with respect to the errors and omissions, were they tick-tacky kinds of omissions or were they significant omissions and errors that had been committed?

A. I believe the OIG described them as significant.

Q. And then with respect to the investigation done by the OIG, separate and apart from that, would it be a fair statement that you and your colleagues were under investigation by the inspection division by the FBI?

A. Yes.

Q. And would it be a fair statement that your conduct in connection with that is, you, yourself, based on the investigation done by the inspection division of the FBI, have some issues, correct?

A. I — be a little bit more specific. I’m sorry. I don’t — I have issues?

Q. Isn’t it, in fact, true that you’ve been recommended for suspension as the result of the conduct?

A. It is currently under appeal.

That line of testimony immediately preceded a hilarious failed attempt from Durham to get Auten to agree that George Papadopoulos was simply a young man with no contact to Trump who was only investigated for his suspect Israeli ties, not for his Russian ties. But it was a palpable example of the way that Trump’s minions used criminalizing FBI investigations into Trump as a way to create a makebelieve world that negates real evidence of Trump’s corruption.

About the only two FBI agents who weren’t portrayed as somehow tainted by the events of 2016 in Durham’s two failed prosecutions were two agents who fucked up investigations: Scott Hellman, who correctly told a junior agent that she would face zero repercussions of she botched the Alfa Bank investigation, and Ryan James, an FBI agent who started his career in Connecticut, who nevertheless failed to pull the evidence necessary to test Sergei Millian’s claims.

Durham rewarded the incompetence that served his purpose and attempted to criminalize what he considered the wrong answers or at least to use the threat of adverse consequences to invent a false record exonerating Trump.

And Durham came in after Jim Comey, Peter Strzok, Andrew McCabe, and Bruce Ohr had already been fired, and Lisa Page, with Strzok, deliberately humiliated on a global stage serially. He came in and exploited the uncertain status — the Inspection Division review left pending while Durham worked — of everyone involved. Such efforts didn’t end with the conclusive acquittals debunking Durham’s theories of conspiracy. Since then, Jim Baker has been dragged back through the mud — publicly and in Congress — as part of Twitter Files, Chuck Grassley passed on “whistleblower” complaints about Auten identifying Russian disinformation as such, and Timothy Thibault was publicly berated because some of the same so-called whistleblowers feeding Jim Jordan shit had complained to Chuck Grassley he was discouraging GOP conspiracy theories about Hunter Biden.

It was never just Strzok and McCabe. The entire Republican Party has relentlessly focused on punishing anyone involved in the Trump investigation, using both unofficial and official channels. When Trump promised “retribution” the other day at CPAC, this kind of relentless effort to criminalize any check on Trump’s behavior is what he was talking about.

That kind of background really helps to understand the WaPo story that described Washington Field Office FBI agents quaking at the prospect of searching Donald Trump’s beach resort.

[P]rosecutors learned FBI agents were still loath to conduct a surprise search. They also heard from top FBIofficials that some agents were simply afraid: They worried takingaggressive steps investigatingTrump could blemish or even end their careers, according to somepeople with knowledge of the discussions. One official dubbed it “the hangover of Crossfire Hurricane,” a reference to the FBI investigation of Russia’s interference in the 2016 presidential election and possible connections to the Trump campaign, the people said. As president, Trump repeatedly targeted some FBI officials involved in the Russiacase.

[snip]

FBI agents on the case worried the prosecutors were being overly aggressive. They found it worrisome, too, that Bratt did not seem to think it mattered whether Trump was the official subject of the probe. They feared any of these features might not stand up to scrutiny if an inspector general or congressional committee chose to retrace the investigators’ steps, according to the people.

Since I wrote my piece wondering whether the FBI hesitation gave Trump the chance to steal 47 documents, Strzok himself, Joyce Vance, and Jennifer Rubin have weighed in.

Rubin, I think, adopts the position of someone who hasn’t followed the plight of all the people not named Strzok who were targeted for investigating Donald Trump. She attributes the reluctance to investigate Trump (and the intelligence failures leading up to January 6, which I’ll return to) to Wray.

After a debacle of this magnitude, that sort of passivity should alarm all Americans. Imagine if, after the terrorist attacks of Sept. 11, 2001, the national security community did not evaluate how it missed the telltale signs of an imminent attack. The failure of leadership in the Jan. 6 case is inexcusable. Yet Wray has never been held to account for this delinquency.

[snip]

[O]ne is left wondering why the FBI seems disinclined to stand up to right-wing authoritarian movements and figures. Whatever the reason, the pattern reveals an unmistakable lack of effective leadership. And that in turn raises the question:Why is Wray still there?

It is absolutely the case that Wray did far too little to protect FBI agents in the face of Trump’s attacks. Wray created the opportunity for pro-Trump FBI agents and Durham to criminalize investigating Trump. I think Wray attempted to avoid rocking the boat at all times, which led the FBI to fail in other areas (including the investigation of Brett Kavanaugh). Though I’m also cognizant that if Wray had been fired during the Trump administration, he might have been replaced by someone like Kash Patel, and having a Trump appointee in charge right now may provide cover for the ongoing investigations into Trump.

But you could fire Wray tomorrow and not eliminate the effects of this bureaucratic discipline, the five year process to teach everyone in the FBI that investigating Trump can only lead to career disaster, if not criminal charges.

Also under Wray, though, the Bureau had already increased its focus on domestic terrorism, with key successes both before and after January 6. Steven D’Antuono, the chief voice of reluctance to search Mar-a-Lago, presided over the really troubled but ultimately successful effort to prevent a kidnapping attempt targeting Gretchen Whitmer, a plot that arose out of anti-lockdown protests stoked by Trump (though unusually, D’Antuono let a subordinate take credit for the arrests).

I think the specific failures in advance of January 6 lay elsewhere. Wray has not done enough in the aftermath to understand the FBI’s failures, but FBI has also been overwhelmed with the case load created by the attack. But, as I hope to return to, I think the specific failure in advance of January 6 lies elsewhere.

Whatever the merit in blaming Wray for FBI’s failure to prepare for January 6, there’s a bigger problem with Rubin’s attempt to blame him on the MAL search. Strzok sketched out in great detail something I had seen, too. The dispute about searching Trump’s house wasn’t between the FBI and DOJ. It wasn’t just what Vance and Strzok both describe as a fairly normal dispute between the FBI and DOJ with the former pushing the latter to be more aggressive.

It was between the WFO on one side and DOJ and FBI HQ on the other.

[A] careful reading of the Post’s reporting (insofar as the reporting is complete) reveals this was not so much a conflict between DOJ and the FBI as much as a conflict between DOJ and FBI headquarters, on the one hand, and the management of the FBI’s Washington Field Office, on the other.

Indeed, a key part of the drama surrounding the pre-August search meeting described by the WaPo involved the conflict between FBI General Counsel Jason Jones — whom WaPo makes a point of IDing as a Wray confidant, thereby marking him as Wray’s surrogate in this fight — and WFO Assistant Director Steven D’Antuono.

Jason Jones, the FBI’s general counsel who isconsidered a confidant of FBI Director Christopher A.Wray, agreed the team had sufficient probable cause to justify a searchwarrant.

[snip]

Jones, the FBI’s general counsel, said he planned to recommend to Deputy FBI Director Paul Abbate that the FBI seek a warrant for the search, the people said. D’Antuono replied that he would recommend that they not.

This, then, was partly a fight within FBI, one in which Wray’s surrogate sided with prosecutors.

Strzok makes a compelling argument that this story may have come from pushback necessitated by people at WFO floating bullshit claims, not dissimilar from — Strzok doesn’t say this, but I will — the leak by right wing agents to Devlin Barrett about the Clinton Foundation investigation in advance of the 2016 election, which led Andrew McCabe to respond in a way that ultimately gave Trump the excuse he wanted to fire him.

Indeed, Strzok’s post includes a well-deserved dig on the WaPo’s claim about, “the fact that mistakes in prior probes of Hillary Clinton … had proved damaging to the FBI,” an unsubstantiated claim I also called out.

[E]ven journalists can be imprecise or inaccurate. The Post’s article isn’t, for example, the type of comprehensive accounting you’d get in a report produced by an Inspector General, who can compile the statements of everyone involved and review and compare those statements to the written record in all its various forms.

Strzok right suggests that DOJ IG’s Report disproved WaPo’s claim about the Hillary investigation, but he seems to have forgotten that the DOJ IG Report into McCabe’s response on the Clinton Foundation didn’t fully air the FBI spox’s exculpatory testimony.

All of which is to say that, in the same way that WFO agents have an understandable visceral concern about getting involved in an investigation targeting Trump, people at HQ might have an equally visceral concern about stories seeded to Devlin Barrett alleging internal conflict that might create some flimsy excuse for firing.

But there’s something still unexplained about the WaPo story. Vance notes, as I did, that D’Antuono may have given Trump the opportunity to steal 47 documents.

[T]he delay couldn’t be undone. We still don’t know whether that resulted in the permanent loss of classified material. It did result in a delay in the timeline for making prosecutive decisions, ultimately extending the investigation into the period where Trump announced his 2024 candidacy, leading to the appointment of a special counsel to continue the investigation and determine whether to prosecute.

But Vance still accepts WaPo’s specious claim about timing, the claim that the delay (from June to August) in searching Trump’s resort led the investigation to bump up against a Trump campaign announcement that would surely have happened earlier had Trump not gotten an injunction. There’s nothing to support that temporal argument, and the public record on the injunction (which, again, lasted until almost a month after Jack Smith’s appointment) disproves it.

The timing issue is one of many reasons why I keep thinking about this earlier Devlin Barrett story, one that did bump up against the appointment of a Special Counsel. On November 14, the day before Trump formalized his 2024 run and so four days before the appointment of Jack Smith, Barrett and WaPo’s Mar-a-Lago Trump whisperer, Josh Dawsey, published a story suggesting that maybe Trump shouldn’t be charged because he just stole a bunch of highly classified documents to keep as trophies.

Federal agents and prosecutors have come to believe former president Donald Trump’s motive for allegedly taking and keeping classified documents was largely his ego and a desire to hold on to the materials as trophies or mementos, according to people familiar with the matter.

As part of the investigation, federal authorities reviewed the classified documents that were recovered from Trump’s Mar-a-Lago home and private club, looking to see if the types of information contained in them pointed to any kind of pattern or similarities, according to these people, who spoke on the condition of anonymity to discuss an ongoing investigation.

That review has not found any apparent business advantage to the types of classified information in Trump’s possession, these people said. FBI interviews with witnesses so far, they said, also do not point to any nefarious effort by Trump to leverage, sell or use the government secrets. Instead, the former president seemed motivated by a more basic desire not to give up what he believed was his property, these people said.

[snip]

The analysis of Trump’s likely motive in allegedly keeping the documents is not, strictly speaking, an element of determining whether he or anyone around him committed a crime or should be charged with one. Justice Department policy dictates that prosecutors file criminal charges in cases in which they believe a crime was committed and the evidence is strong enough to lead to a conviction that will hold up on appeal. But as a practical matter, motive is an important part of how prosecutors assess cases and decide whether to file criminal charges.

As I showed, that story, like this one, simply ignored stuff in the public record, including:

  • Trump’s efforts, orchestrated in part by investigation witness Kash Patel, to release documents about the Russian investigation specifically to serve a political objective
  • The report, from multiple outlets, that Jay Bratt told Trump’s lawyers that DOJ believes Trump still has classified documents
  • Details about classified documents interspersed with a Roger Stone grant of clemency and messages — dated after Trump left the White House — from a pollster, a book author, and a religious leader; both sets of interspersed classified documents were found in Trump’s office
  • The way Trump’s legal exposure would expand if people like Boris Epshteyn conspired to help him hoard the documents or others like Molly Michael accessed the classified records

Since then, other details have become clear. Not only was that story written after DOJ told Trump they believed he still had some classified documents, but it was written in the period between the time Trump considered letting the FBI do a consensual search and the time he hired people to do the search for him, a debate inside the Trump camp that parallels the earlier investigative fight between WFO and DOJ. Indeed, when DOJ alerted Trump’s lawyers in October that they believed Trump still had classified documents, that may have reflected WFO winning the debate they had lost before the August search: to let Trump voluntarily comply.

That’s important background to where we are now. Trump’s team has misrepresented to the press how cooperative they have been since. First, Trump’s people misleadingly claimed that Beryl Howell had decided not to hold Trump in contempt (rather than just deferred the decision) and Trump lied to the press for several months, hiding the box with documents marked classified and the additional empty classified folder. Those public lies should only make investigators wonder what Trump continues to hide.

We know Trump blew off the subpoena that WFO agents were sure would work in June, and there’s good reason to believe DOJ finds Trump’s more recent claims of cooperation to be suspect as well.

So let’s go back to that earlier Devlin story. As I noted at the time, I don’t dispute that the most classified documents have the appearance of trophies, but that’s because of the Time Magazine covers they were stored with, not because of any halfway serious scrutiny of Trump’s potential financial goals. Particularly given the presence of 43 empty classified folders in the leatherbound box along with the most sensitive documents, no thorough investigator could rule out Trump already monetizing certain documents, particularly given Trump and Jared Kushner’s financial windfalls from the Saudi government, particularly given the way that Trump’s Bedminster departure coincided with Evan Corcoran’s turnover of classified documents, particularly given that the woman who carted a box including some marked classified around various offices had been in Bedminster with Trump during the summer. I don’t dispute that’s still a likely explanation for some — but in no way all — of the documents, but no competent investigator could have made that conclusion by November 14, when Devlin published the story.

Unless Devlin’s sources — perhaps the same or similar to the sources who know that WFO agents were cowed by the treatment of Crossfire Hurricane agents — were working hard to avoid investigating those potential financial ties.

Unless the timing of the story reflected an attempt to win that dispute, only to be preempted by the appointment of Jack Smith. The earlier dispute could not have been impacted by the appointment of Jack Smith. If there was a later dispute about how to make sure Trump wasn’t still hoarding classified documents, though, it almost certainly was.

Someone decided to leak a story to Devlin Barrett suggesting that investigators had already reached a conclusion about Trump’s motive, even though as the story acknowledged, “even the nonclassified documents” — better described as documents without classification marks that not only hadn’t been reviewed yet, which could have included unmarked classified information — “taken in the search may include relevant evidence.” (Note, these are the same unclassified documents that, the recent story  describes D’Antuono, insanely from an investigative standpoint, scoffing at collecting because, “We are not the presidential records police.”) Devlin’s sources decided to leak that story at a time when DOJ was trying to figure out how to get the remaining documents from Trump, and yet his sources presented a working conclusion that it didn’t matter if DOJ got the remaining documents: it had already been decided, Devlin’s sources told him, that Trump was just a narcissist fighting to keep his trophies from time as President and probably that shouldn’t be prosecuted anyway.

The story of the earlier dispute is alarming because it confirms that WFO agents remain cowed in the face of the prospect of investigating Trump, as some did even six years ago. The later story, though, is alarming because leaks to Devlin have a habit of creating political firestorms that are convenient for Trump. But it is alarming because it suggests even after the August search proved the WFO agents’ efforts to draw premature conclusions wrong, someone still decided to make — and force, by leaking to Devlin Barrett — some premature conclusions in November, an effort that genuinely was thwarted by the appointment of Jack Smith.

Douglass Mackey Allegedly Aimed to Depress Black Turnout in Pennsylvania

The government and the defense team for Douglass Mackey, the Twitter troll accused of conspiring to convince Hillary Clinton voters to throw away their vote in 2016, are fighting over what evidence will come in at trial, which is currently scheduled to start on March 16.

As I have laid out, campaigns like the one Mackey is alleged to have conducted with people including Anthime “Baked Alaska” Gionet, are the reason why the FBI sends Twitter lists of accounts lying about the place or means of voting: The FBI is trying to stop systematic attempts to dupe people out of exercising their right to vote.

Indeed, several times in 2016, Twitter suspended Mackey for lying about the election. “[I]t was because I posted a meme that told Hillary supporters they could text to vote. Lol,” he said in one of the messages the government is seeking to introduce.

In his own filing, Mackey cited the Twitter Files claiming it proves Twitter sometimes gets it wrong when suspending people.

The Mackey case presents some challenging legal questions, and if he is convicted, he’ll presumably appeal on First Amendment grounds.

At issue in the evidentiary dispute are comments Mackey or his alleged co-conspirators made in 2015 and 2016 about how he understood his trolling.

Even in 2015, Mackey understood the power he wielded with his trolling, because of the loyalty of his troll army.

“I have the personality and the ability to convince people now” (DM, Nov. 23, 2015)

“This identity is very powerful. I have something great going on.” (DM, Jan 7, 2016)

“I am going to start preparing myself mentally, spiritually, and physically, to be a leader. . . . I never asked or wanted to be a leader, but so many people are asking it of me, so I feel a responsibility” (DM Jan 11, 2016)

“I have like the most loyal army on twitter. I can get anything I want photoshopped in one hour. I have people offering to do web design for me. My Twitter account is just exploding” (DM Jan 28, 2016)

“It’s like at any one time there is an army of 100 of my followers ready to swarm.” (DM, Aug. 1, 2016)

The government also wants to introduce descriptions of how to deploy that troll army: repetition is key. (Note, it’s not clear whether all of these are Mackey, or whether they come from his alleged co-conspirators, not all of whom have been identified.)

“We can hijack hashtags with memes” (DM, Jan 26, 2016)

“It should be done as a coordinated effort. With the goal of trending.” (DM, May 9, 2016)

“Please help me trend #InTrumpsAmerica. New hashtag starting now” (DM, May 12, 2016)

“Repetition is key…. Repeat it again and again. I just tweeted it. Memes would also be good.” (DM, June 22, 2016)

“Please contribute a tweet to #KaineAndUnable2016, maybe we can trend it.” (DM, July 23, 2016)

“I would say use fewer hashtags, maybe only use one hashtag, and a simple, short message. Other than that, you’re doing everything right. I will keep retweeting you.” (DM, Oct 5, 2016)

“We’re going to need serious memetics to derail the coming mainstream narrative…get on it, folks” (Tweet, June 6, 2016)

“I am looking for roughly half a dozen photoshop experts who wish to join a team, please respond to this tweet with why you are qualified.” (Tweet, July 1, 2016)

The most interesting detail — particularly given Mackey’s ties to people like Jack Posobiec and, through him, to people like Roger Stone — is how closely Mackey’s understanding of the 2016 presidential race matched the Trump campaign’s.

“Hillary’s team is in a panic because black voter turnout in Ohio and Florida primaries was down 40 percent.” (Tweet, Mar 19, 2016)

“All of these polls assume the electorate will be 52 or 53 percent female, while all data indicates female turnout will be lackluster.” (Tweet, July 25, 2016) 7

“One way to depress turnout is to use meme magic to make not voting for Hillary a cool way for young POCs and progressives to ‘protest.’” (Tweet, July 29, 2016)

“A 25 year old latino progressive will probably never vote for Trump, but we can depress her enough to stay home, or vote for Jill or Gary.” (Tweet, July 29, 2016)

“Very few persuadable voters remain. A lot of what we are doing is just keeping our own team fired up, and trying to demoralize other team.” (Tweet, July 31, 2016)

“Obviously, we can win Pennsylvania. The key is to drive up turnout with non-college whites, and limit black turnout.” (Tweet, Nov 2, 2016)

To be clear: Mackey wouldn’t have needed inside information to understand that one way to suppress turnout for Hillary would be to get them to vote for Jill Stein instead of Hillary. That was all openly discussed. Even the claim that “obviously we can win Pennsylvania,” while not the consensus before the election, was embraced by MAGA trolls in advance of the election.

But in August, the prospect of winning Pennsylvania was, according to Rick Gates, “fools gold” because “Trump was unlikely to win there.” And Mackey was part of a network that could have learned of the campaign’s decision to go for fools gold.

Even as self-described reverse Russian chauvinist Matt Taibbi continues to aggressively disinform people about the point of FBI’s interest in combatting election disinformation, the Mackey trial may make clear how easy it was to match such disinformation efforts to the strategy of the campaign.

Sure, it was just trolling, albeit fairly sophisticated trolling. But its means and manner were perfectly tailored to enhance Trump’s campaign strategy.

“Wink:” Where Jeff Gerth’s “No There, There” in the Russian Investigation Went

On July 28, 2017, Robert Mueller’s investigators served two warrants on the company (probably Rackspace) that hosted Paul Manafort’s DMP emails to obtain Manafort, Rick Gates, and Konstantin Kilimnik’s company emails.

Mueller obtained several things with that warrant that remain unresolved. Those are just some of the many things about the Russian investigation — the one Jeff Gerth claims had no there, there — that remain unanswered, four years after Mueller closed up shop.

Manafort’s lies about the plan to carve up Ukraine

One thing Mueller obtained with that warrant would have been an email Manafort sent Konstantin Kilimnik on April 11, 2016, “How do we get whole” with Oleg Deripaska, Manafort asked. The email showed that Manafort was using his position as the “free” campaign manager for Donald Trump to fix his legal and financial woes.

Another was an email Kilimnik wrote, but did not send, on December 8, 2016, but which Manafort knew to and did read, a “foldering” technique to prevent interception also used by terrorists. The email referenced a plan to carve up Ukraine that Kilimnik had first pitched to Manafort on August 2, 2016.

Russians at the very top level are in principle not against this plan and will work with the BG to start the process of uniting DNR and LNR into one entity, with security issues resolved (i.e. Russian troops withdrawn, radical criminal elements eliminated). The rest will be done by the BG and his people.

[snip]

All that is required to start the process is a very minor ‘wink’ (or slight push) from DT saying ‘he wants peace in Ukraine and Donbass [sic] back in Ukraine’ and a decision to be a ‘special representative’ and manage this process.

The email — and a text Kilimnik sent around the same time — talked about “recreating old friendship” with Deripaska at an in-person meeting. Less than a month later, Manafort flew to Madrid and met with a different Deripaska associate.

Six years later, we don’t know the fate of Manafort’s efforts to “get whole” with Deripaska, to recreate that old friendship.

It’s something that Manafort promised to tell Mueller’s prosecutors on September 13, 2018, when he entered into a plea agreement that averted a damaging trial during the election season. But it’s something that, Judge Amy Berman Jackson found, Manafort lied to hide from prosecutors in the ensuing weeks. We know that the last thing on Manafort’s schedule before he met with Kilimnik on August 2, 2016 was a meeting with Trump and Rudy Giuliani. We know that during the period when Manafort was lying to hide what happened with this plan to carve up Ukraine, his lawyer was speaking regularly with Trump’s lawyer, Rudy Giuliani. We know that during the period when Rudy Giuliani was seeking campaign assistance from Ukraine, he was consulting with Manafort. We know that Trump tried to coerce Volodymyr Zelenskyy to enter into a quid pro quo on July 25, 2019, but was caught by a whistleblower. We know that Bill Barr went to extraordinary lengths to protect Rudy Giuliani from any consequences for his dalliance with Russian agents in Ukraine.

We know that on December 24, 2020, Donald Trump pardoned Manafort, rewarding him for his lies. Yesterday, a judge in Florida approved a $3 million fine to settle Manafort’s failure to reveal the money he earned from working in Ukraine, money Manafort got to keep as a result of Trump’s pardon.

SDNY alleges that even as Manafort was lying about his plans with Kilimnik in September 2018, a different Deripaska associate was cultivating recently retired FBI Special Agent in Charge Charles McGonigal, someone who could tell him about what DOJ was learning (or not learning) from Manafort. We know that Seth DuCharme, who played a key role in Barr’s efforts to protect Rudy, now represents McGonigal.

We know that after Trump’s efforts to exploit dirt from Ukraine failed and Joe Biden became President, Russia expanded its invasion of Ukraine, trying to achieve by force what it attempted to achieve by coercing Trump’s “free” campaign manager and his personal attorney.

When I wrote the last installment of my series demonstrating the false claims about “Russiagate” made by Jeff Gerth, I wrote a long passage (included below) that showed what Mueller was discovering in August 2017, a period when Gerth falsely claimed prosecutors had determined there was “no there, there” to Trump’s ties to Russia.

There was not only a lot there, where Gerth never bothered to look. In fact, the “there, there” remains unresolved and raw, six years later.

The investment in Michael Cohen

Take the investigation into Michael Cohen. One thing Mueller would discover in August 2017 is that Trump Organization was not fully complying with subpoenas, at least not subpoenas from Congress. As I noted in my piece, Mueller almost certainly obtained an email with an August 1, 2017 warrant that showed Michael Cohen had direct contact with the Kremlin during the campaign. The email also showed, Mueller would learn once Felix Sater and Cohen began to explain this to investigators, that Cohen and Trump were willing to do business with a former GRU officer and sanctioned banks in pursuit of an impossibly lucrative real estate deal in Moscow. The email obtained in August 2017 was proof that Trump was publicly lying about his ongoing pursuit of business in Russia. And for two more years, Trump kept that secret from the American public. That entire time, Russia knew he was lying to the American people. Russia knew, the American public did not.

Mueller got that email by asking Microsoft, not Trump Organization, for the email. But shortly after Mueller did so, Microsoft made it far harder to obtained enterprise emails without notifying Microsoft’s client. There are other questions about missing records — such as a letter Trump sent to then Deputy Prime Minister Sergei Prikhodko — that might have been answered with more records from Trump Organization.

There’s also the matter of the big infusion of money — more than $400,000 over the course of a few months — that Cohen got from a Columbus Nova, in investment fund controlled by Russian oligarch Viktor Vekselberg. Mueller investigated whether the money had some tie to the different Ukrainian peace deal that Felix Sater got Cohen to bring to the White House.

It didn’t. As Cohen explained to Mueller in 2018, he got the money to explain how Trump worked to Andrew Intrater, who claimed to be looking to spend money on an infrastructure project in the US.

The pitch was to assist in Columbus Nova’s infrastructure fund. [redacted] invests in several different areas. At the time, there were discussions of significant foreign investment interest dedicated to U.S. infrastructure.

[snip]

In Cohen’s discussions with [Intrater] Cohen did not provide any non-public information. Cohen was not selling non-public information. Cohen could assist [Intrater] because Cohen understood Trump and what Trump was looking for.

But the payment, while legal, remains dodgy as hell.

Republicans, certainly, don’t want to talk about it. When Mark Meadows accused Cohen of omitting his contracts with foreign companies at his 2019 testimony before the Oversight Committee, Trump’s future Chief of Staff made no mention of Columbus Nova.

Mr. MEADOWS. Mr. Cohen, I’m going to come back to the question I asked before, with regards to your false statement that you submitted to Congress. On here, it was very clear, that it asked for contracts with foreign entities over the last two years. Have you had any foreign contract with foreign entities, whether it’s Novartis or the Korean airline or Kazakhstan BTA Bank? Your testimony earlier said that you had contracts with them. In fact, you went into detail——

Mr. COHEN. I believe it talks about lobbying. I did no lobbying. On top of that they are not government——

Mr. MEADOWS. In your testimony — I’m not asking about lobbying, Mr. Cohen.

Mr. COHEN. They are not government agencies. They are privately and——

Mr. MEADOWS. Do you have—do you have foreign contracts——

Mr. COHEN [continuing]. publicly traded companies.

Nor did Republicans include Nova in the FARA referral they sent to DOJ.

But Viktor Vekselberg was among the oligarchs Treasury would sanction in in 2018, along with Deripaska and Alexandr Torshin, and he was among the first people hit with expanded sanctions last year, after the invasion.

A December 2018 article about those payments to Cohen and the sanctions against Vekselberg was likely the article that Vekselberg associate Vladimir Voronchenko was sharing in 2018, which was cited as proof he knew of the sanctions, in his indictment for maintaining Vekselberg’s US properties in his own name after Vekselberg was sanctioned. Today, the government started the process of seizing Vekselberg’s US properties.

And questions about whether Vekselberg is influencing politics through his cousin, Intrater, have been renewed amid disclosures about Intrater’s big funding for the imposter Congressman George Santos.

“Sort of a spy deal going on”

Then there’s the matter of Julian Assange, whose extradition remains hung up at the final approval stage.

When Candace Owens confronted Trump about why he didn’t pardon Assange last year, he got really defensive, folding his arms. He explained, seemingly referring to Assange and probably referencing the Vault 7 and Vault 8 releases of stolen CIA hacking tools, “in one case, you have sort of a spy deal going on … there were some spying things, and there were some bad things released that really set us back and really hurt us with what they did.”

But Twitter DMs Mueller obtained with the first August 2017 warrant targeting Roger Stone showed that, in the wake of Mike Pompeo’s designation of WikiLeaks as a non-state intelligence service in the wake of that release, Stone and Assange discussed a pardon. On June 4, 2017, Stone said, “I don’t know of any crime you need to be pardoned for.” On June 10, Stone told Assange, “I am doing everything possible to address the issues at the highest level of government.”

Nine days later, on June 19, 2017, Trump ordered Corey Lewandowski to order Jeff Sessions to limit the investigation to prospective meddling from Russian, an order that — had Lewandowski obeyed — would have had the effect of shutting down the entire investigation, including that into Assange’s role in the hack-and-leak.

Texts obtained from Stone much later would show that he and Randy Credico discussed asylum for Assange on October 3, 2016 — before WikiLeaks started releasing the John Podesta emails.

And Credico had set Stone up to discuss the pardon with Margaret Kunstler by November 15, 2016.

Stone claimed to be pursuing a pardon for Assange at least through early 2018. It was only after Mueller asked Trump about such pardon discussions in September 2018 that Don Jr’s close friend Arthur Schwartz told Cassandra Fairbanks the pardon wouldn’t happen.

Those pardon discussions are just one of the things that Stone held over Trump’s head to ensure he’d never do prison time.

Stone kept a notebook of all the conversations he had with Trump during the 2016 election. He may have brought it with him to a meeting he had with Trump in December 2016.

After the win, STONE tried a full court press in order to get a meeting with TRUMP. [redacted] eventually set up a meeting with TRUMP and STONE in early December 2016 on the 26th floor of Trump Tower. TRUMP didn’t want to take the meeting with STONE. TRUMP told BANNON to be in the meeting and that after 5 minutes, if the meeting hadn’t concluded, to throw STONE out. STONE came in with a book he wrote and possibly had a folder and notes. [full sentence redacted] TRUMP didn’t say much to STONE beyond “Thanks, thanks a lot.”. To BANNON, this reinforced STONE [redacted] After five to six minutes, the meeting was over and STONE was out. STONE was [redacted] due to the fact that during the meeting TRUMP just stared.

After Stone was convicted of lying to cover up the real nature of his contacts with Russia during the election, he lobbied for a pardon by claiming, repeatedly and publicly, that prosecutors offered him a deal if he would reveal the content of the phone conversations he had with Trump during the election.

On December 23, 2020, Stone got that pardon. Four days later, Stone and Trump spoke about January 6 at Mar-a-Lago. That same day, also at Mar-a-Lago, Kimberly Guilfoyle, started the planning for Trump to speak (at that point, the plan included a march to the Capitol).

Earlier this month, DOJ included Stone’s contacts with Proud Boy Dan Scott at a January 3 Florida rally in Scott’s statement of offense for attempting to obstruct the January 6 vote certification. It included Stone’s ties to various Oath Keepers as part of the proof DOJ used to prosecute Stewart Rhodes of sedition.

“The boss is aware”

It took an extra week for prosecutors in the Mike Flynn case to get approval for his sentencing memo in early 2020. So senior officials at DOJ had to have approved of the explanation of why Flynn’s lies about calling the Russian Ambassador to undermine Obama’s sanctions on Russia were serious. “Any effort to undermine the recently imposed sanctions, which were enacted to punish the Russian government for interfering in the 2016 election,” the memo explained, “could have been evidence of links or coordination between the Trump Campaign and Russia.”

From the time that Mueller’s team obtained KT McFarland’s transition device and email on August 25, 2017, they had reason to believe Flynn’s calls with the Russian Ambassador were a group affair, not (as Trump had claimed) simply Flynn’s doing. McFarland’s emails showed that before Flynn called Kislyak, he had received an email from Tom Bossert reporting on what Lisa Monaco told him about Russia’s response to the sanctions, immediately after which he spoke to McFarland from his hotel phone for 11 minutes.

Mueller came pretty close to concluding that was why Flynn intervened with the Russian Ambassador, too. “Some evidence suggests that the President knew about the existence and content of Flynn’s calls when they occurred,” the Mueller Report explained in laying out reasons why Trump might have wanted to fire Jim Comey. “[B]ut the evidence is inconclusive and could not be relied upon to establish the President’s knowledge.” That’s because, after first denying that such calls happened at all, KT McFarland ultimately claimed not to remember telling Trump about the calls and Steve Bannon claimed not to remember discussing it with Flynn.

That was the conclusion Mueller reached in early 2019, a conclusion that already didn’t account for the fact that Flynn called the Russian Ambassador from a hotel phone, not his cell, or that he admitted that he and McFarland had deliberately written a text to cover up the contact. But the following year, in his effort to protect Trump, Bill Barr and other Republicans made available multiple pieces of evidence that make Trump’s knowledge of Flynn’s contacts more clear.

For example, after the House Intelligence Committee transcripts came out in 2020, it became clear that the White House had used Steve Bannon’s two appearances, with the assistance of Devin Nunes, to script certain answers. One of those answers denied continuing to discuss how to end sanctions against Russia after the inauguration. That scripting process happened between the time Flynn pled guilty and the time Bannon first denied remembering knowing of the sanctions discussion. Effectively, the White House scripted Bannon to deny knowledge of those sanction discussions in December 2016.

Then, in September 2020, as part of his efforts to justify overturning the prosecution of Flynn, Barr released the interview report from FBI agent Bill Barnett, who reportedly sent pro Trump texts on his FBI issued phone. It described how, after refusing to take part in that part of the Flynn investigation four different times, he nevertheless, “decided to work at the SCO hoping his perspective would keep them from ‘group think.'” He described being told that “was the only person who believed MCFARLAND was not holding back the information about TRUMP’s knowledge of [the sanction discussions].” He then asked a series of questions that would provide space for a denial: “BARNETT asked questions such as ‘Do you know that as a fact or are you speculating?’ and ‘Did you pass information from TRUMP to FLYNN?'”

Importantly, Barnett claimed it was “astro projection” that Trump directed Flynn’s contacts with the Ambassador.

He said that even after John Ratcliffe declassified the evidence that Mueller could never have used in the investigation, but which proved it wasn’t projection at all: the transcripts of Flynn’s calls with then-Ambassador Kislyak. They reveal that in the call on December 31, 2016, which Kislyak made to tell Flynn that “our conversation was also taken into account in Moscow” when Putin decided not to retaliate against the US for its sanctions, Flynn told Kislyak that “the boss is aware” of a plan to speak the day after Trump would be inaugurated. That would only be possible had Flynn either told Trump directly or had McFarland passed it along.

Once Barr came in, Flynn attempted to unwind all the things he had said to Mueller, directly contradicting multiple sworn statements. Just weeks after DOJ noted the centrality of Flynn’s lies to the question of whether Trump attempted to reverse sanctions just after Russia helped get him elected, Barr, too, joined the process of attempting to reverse the impact of the things Flynn had admitted to under oath. That effort extended to introducing notes with added, incorrect dates that Trump used in an effort to blame Biden for the investigation into Flynn. “We caught you,” Trump claimed to Biden in a prepared debate attack about the investigation that showed how his team first contacted Obama’s team to learn what they knew of the Russian response to sanctions, minutes before they called Russia to undermine those sanctions.

On November 25, Trump pardoned Flynn not just for his lies about the calls to the Russian Ambassador and working for Türkiye, but for any lies he told during the period he was reneging on his plea agreement. That same week, Flynn and Sidney Powell were in South Carolina together plotting ways to undermine Joe Biden’s election. Three weeks later, they would pitch Trump on a plan to seize the voting machines so he could stay in office.

When Bill Barr wrote his corrupt memo claiming there was no evidence that Trump obstructed the Mueller investigation, he was silent about the topic he had admitted, three times, would amount to obstruction: those pardon dangles. Those pardons aren’t just proof that Trump obstructed the investigation, stripping prosecutors of the leverage they might use to get Paul Manafort, Roger Stone, and Mike Flynn to tell the truth. But they’re also some of the most compelling proof that the secrets Stone and Manafort kept would have confirmed the suspicions that Trump coordinated with Russia in an attack on US democracy.

Update, 3/14: Corrected that Mueller closed up shop four years ago, not three. Time flies!

Links

CJR’s Error at Word 18

The Blind Spots of CJR’s “Russiagate” [sic] Narrative

Jeff Gerth’s Undisclosed Dissemination of Russian Intelligence Product

Jeff Gerth Declares No There, Where He Never Checked

“Wink:” Where Jeff Gerth’s “No There, There” in the Russian Investigation Went

My own disclosure statement

An attempted reconstruction of the articles Gerth includes in his inquiry

A list of the questions I sent to CJR


Just days earlier, on July 28, 2017, DOJ had already established probable cause to arrest George Papadopoulos for false statements and obstructing the investigation. His FBI interviews in the days after August 2 would go to the core questions of the campaign’s knowledge and encouragement of Russia’s interference. On August 11, Papadopoulos described, but then backed off certainty about, a memory of Sam Clovis getting upset when Papadopoulos told Clovis “they,” the Russians, have Hillary’s emails. On August 19, Papadopoulos professed to be unable to explain what his own notes planning a September 2016 meeting in London with the “Office of Putin” meant.

The investigation into Paul Manafort, too, was only beginning to take steps that would reveal suspect ties to Russia. Also on July 28, for example, DOJ obtained the first known warrant including conspiracy among the charges under investigation, and the first known warrant listing the June 9 meeting within the scope of the investigation. On August 17, DOJ would show probable cause to obtain emails from Manafort’s business involving ManafortGates, and Konstantin Kilimnik that would (among other things) show damning messages sent between Manafort and Kilimnik using the foldering technique, likely including Manafort’s sustained involvement in a plan to carve up Ukraine that started on August 2, 2016 (which Gerth omits from his description of that meeting).

Similarly, Mueller was still collecting evidence explaining why Flynn might have lied about his calls with Sergey Kislyak. On August 25, Mueller obtained a probable cause warrant to access devices owned by the GSA showing that Flynn had coordinated his calls with other transition officials, including those with Trump at Mar-a-Lago, when he called Kislyak to undermine Obama’s sanctions against Russia.

Plus, Mueller was just beginning to investigate at least two Trump associates that Rosenstein would include in an expanded scope in October 2017. On July 18, Mueller would obtain a probable cause warrant that built off Suspicious Activity Reports submitted to Treasury. That first known warrant targeting Michael Cohen never mentioned the long-debunked allegations about Cohen in the Steele dossier. Instead, the warrant affidavit would cite five deposits in the first five months of 2017 from Viktor Vekselberg’s Renova Group, totaling over $400K, $300K in payments from Korean Aerospace Industries, and almost $200K from Novartis, all of which conflicted with Cohen’s claim that the bank account in question would focus on domestic clients. On August 1, Mueller would obtain a probable cause warrant for Cohen’s Trump Organization emails from Microsoft. Mueller did so using a loophole that Microsoft would sue to close shortly afterwards, a move which likely stymied the investigation into a suspected $10 million donation to Trump, via an Egyptian bank, that kept him in the race in September 2016. That warrant for Trump Organization emails likely obtained Cohen’s January 2016 contact with the Kremlin – the one not turned over, to Congress at least, in response to a subpoena – a contact that Cohen would lie to Congress about four week later.

On August 7, Mueller used a probable cause warrant to obtain Roger Stone’s Twitter content, which revealed a mid-October 2016 exchange with WikiLeaks that disproved the rat-fucker’s public claims that he had never communicated with WikiLeaks during the campaign (a fact that Gerth gets wrong in the less than 1% of his series he dedicates to Stone). It also revealed that the day after the election, WikiLeaks assured Stone via DM that “we are now more free to communicate.” Those communications would, in one week (the subsequent investigation showed), turn into pardon discussions, which provides important background to the June 2017 Twitter DMs Stone had with Julian Assange, obtained with that August warrant, about “doing everything possible to address [Assange’s] issues at the highest level of Government.”

James Comer’s Twitter Hearing Confirmed Donald Trump’s Censorship Attempt and Matt Taibbi’s “Censorship” about It

“When did these guys drink the Kool-Aid, and who served it to them?” the NYT quoted Bob Luskin as saying of John Durham and Bill Barr in last month’s blockbuster, revealing scandalous new details about the Durham investigation.

The answer is clear: both men had pickled in conspiracy theories floated on Fox News, and several specific investigative prongs were laundered through a Mark Meadows House “investigation” and a Lindsey Graham Senate one, to be picked up by Durham as if formally referred.

One of the most alarming disclosures in the NYT blockbuster on the Durham investigation, for example, was that after the Italians provided a tip about Trump’s criminal exposure on a junket that Barr and Durham took together in 2019, someone leaked to the press that a criminal investigation into others, not Trump, had been opened.

The trip to Italy about came after George Papadopoulous aired conspiracy theories — suspicions he explicitly attributed to right wing outlets, not his own personal knowledge — in a House Oversight hearing.

[T]he belief that got Bill Barr to fly to Italy — that Mifsud actually works for Western, not Russian, intelligence — Papadopoulos cited to a Daily Caller article which itself relayed claims Mifsud’s Russian-backed lawyer made he had read the day before.

Q Okay. So, and Mifsud, he presented himself as what? Who did he tell you he was?

A So looking back in my memory of this person, this is a mid-50’s person, describes himself as a former diplomat who is connected to the world, essentially. I remember he was even telling me that, you know, the Vietnamese prime minister is a good friend of mine. I mean, you have to understand this is the type of personality he was portraying himself as.

And, you know, I guess I took the bait because, you know, usually somebody who — at least in Washington, when somebody portrays themselves in a specific way and has credentials to back it, you believe them. But that’s how he portrayed himself. And then I can’t remember exactly the next thing that happened until he decided to introduce me to Putin’s fake niece in London, which we later found out is some sort of student. But I could get into those details of how that all started.

Q And what’s your — just to kind of jump way ahead, what’s your current understanding of who Mifsud is?

A My current understanding?

Q Yeah. A You know, I don’t want to espouse conspiracy theories because, you know, it’s horrifying to really think that they might be true, but just yesterday, there was a report in the Daily Caller from his own lawyer that he was working with the FBI when he approached me. And when he was working me, I guess — I don’t know if that’s a fact, and I’m not saying it’s a fact — I’m just relaying what the Daily Caller reported yesterday, with Chuck Ross, and it stated in a categorical fashion that Stephan Roh, who is Joseph Mifsud’s, I believe his President’s counsel, or PR person, said that Mifsud was never a Russian agent.

In fact, he’s a tremendous friend of western intelligence, which makes sense considering I met him at a western spying school in Rome. And all his interactions — this is just me trying to repeat the report, these are not my words — and when he met with me, he was working as some sort of asset of the FBI. I don’t know if that’s true or not. I’m just reporting what my current understanding is of this individual based on reports from journalists.

[snip]

Q And then at what point did you learn that, you know, he’s not who he said he was?

A Like I said, I don’t have the concrete proof of who this person is. I’m just going with reports. And all I can say is that I believe the day I was, my name was publicly released and Papadopoulos became this person that everyone now knows, Mifsud gave an interview to an Italian newspaper. And in this newspaper, he basically said, I’m not a Russian agent. I’m a Clinton supporter. I’m a Clinton Foundation donor, and that — something along those lines. I mean, don’t quote me exactly, you could look up the article yourself. It is in La Republica. And then all of a sudden, after that, he disappears off the face of the planet, which I always found as odd.

[snip]

I guess the overwhelming evidence, from what I’ve read, just in reports, nothing classified, of course, because I’m not privy to anything like that, and considering his own lawyer is saying it, Stephan Roh, that Mifsud is a western intelligence source. And, I guess, according to reports yesterday, he was working with the FBI

Less than a year after this testimony, Barr and Durham were flying off to Italy together to chase down Papadopoulos’ feverish imaginings.

It’s not that Barr and Durham believed Papadopoulos to be credible; Durham never interviewed the Coffee Boy, not even to assess Sergei Millian’s credibility before indicting Igor Danchenko based on Millian’s hearsay claims. But they nevertheless chased that clear conspiracy theory all the way to Italy together.

The Congressional hearing — a hearing that didn’t even incorporate Papadopolous’ own emails, which would have made it harder for the convicted liar to sustain a number of the claims he made — served as a way to legitimize what were obviously rewarmed frothy rants. The hearing was a messaging vehicle that served to legitimize garbage claims. Had the press called this out as a circus in real time, it might have forestalled some of Barr and Durham’s own stunts.

The same is happening again, with the multiple “investigations” pitched by the new GOP-led House. And much of the press is playing along again, treating the hearings as both-sides disputes about the truth, rather than clear efforts to mainstream conspiracy theories that supplant any hold on the truth.

Consider James Comer’s hearing with former Twitter executives (video, transcript), a hearing called in response to Matt Taibbi’s sloppy rants about files selectively released by Elon Musk, the same kind of conspiracy theories floated during the Russian investigation by right wing outlets and then legitimized by Congressional hearings.

The finding of Comer’s hearing is clear: the witnesses all rebutted any claim that government influence drove the decision to throttle the NYPost report on a laptop that Rudy Giuliani claimed belonged to Hunter Biden. The hearing exposed that the claimed basis for legislative interest in Twitter’s actions was baseless. That should been the headline: James Comer’s conspiracy theory flopped. James Comer exposed, wasting taxpayer dollars.

Worse still for the Congressman from Kentucky, witness testimony revealed just one instance of the federal government affirmatively asking that content be taken down, just one instance of censorship. That demand came from Donald Trump.

As Twitter whistleblower Anika Navaroli explained in response to a Gerry Conolly question, when Chrissy Teigen responded to a Trump  attack on her by calling him a, “pussy ass bitch,” the White House asked Twitter to take the tweet down.

Rep. Gerry Connolly (D-VA):

Okay. On September 8th, 2019 at 11:11 PM Donald Trump heckled two celebrities on Twitter. John Legend and his wife, Chrissy Teigen, and referred to them as the musician, John Legend and his filthy mouthed wife, Ms. Teigen responded to that email at 12:17 AM and according to notes from a conversation with you, Ms. Navaroli’s counsel, your counsel, the White House almost immediately thereafter contacted Twitter to demand the tweet be taken down. Is that accurate?

Anika Collier Navaroli:

Thank you for the question. In my role, I was not responsible for receiving any sort of request from the government. However, what I was privy to was my supervisors letting us know that we had received something along those lines or something of a request. In that particular instance, I do remember hearing that we had a request from the White House to make sure that we evaluated this tweet and that they wanted it to come down because it was a derogatory statement directly towards the President.

Rep. Gerry Connolly (D-VA):

They wanted it to come down. They made that request.

Anika Collier Navaroli:

To my recollection, yes.

Daily Beast was one of the few outlets that reported, accurately, that the hearing showed the opposite of what Republicans claimed: in fact, Trump had been the one to use government power to attempt to silence speech on Twitter. Rolling Stone reported on another pathetic detail from Comer’s hearing, when Byron Donalds got Yoel Roth to explain what was implicit in all of Chairman Comer’s discussions of the scope of the hearing: Republicans were complaining that Twitter took down nonconsensual dick pics of Hunter Biden, some posted as part of a campaign by Steve Bannon associate Guo Wengui.

Comer’s premise was shattered by a “pussy ass bitch” retort and dick pics. That’s the weight of James Comer’s chairmanship. And with it should go the credibility of Taibbi’s consistently shoddy rants.

Five times since then, Taibbi has complained that his own silence about Twitter’s coddling of Trump was exposed in the hearing. In none of those complaints did he issue a correction.

Indeed, in his responses, Taibbi repeated several of his lies, obscuring that those FBI spreadsheets he complained about were part of an FBI effort to protect voting rights or that a request that a CIA colleague get an invite to a publicly listed meeting is some sign of the deep state. Taibbi just keeps repeating claims that have long been exposed as garbage.

Taibbi was exposed as a partisan fraud in the hearing, and that should be one of the takeaways.

Yet much of the rest of the coverage of the hearing was like AP’s, which treated the entire premise as if it were serious, dedicating the first four paragraphs to a (false) claim that this was the first that any of them had admitted throttling the NYP story was a mistake (as the hearing reviewed repeatedly, Roth had already given a deposition on the subject, and while the story quotes Jack Dorsey, it doesn’t mention that he has testified to Congress as well). Nowhere in the AP story does it reveal that Comer’s entire premise was debunked by the hearing. It’s not until paragraphs 18 and 19 that AP mentions that the Twitter files presented no evidence for Comer’s claim.

The issue was also reignited recently after Musk took over Twitter as CEO and began to release a slew of company information to independent journalists, what he has called the “Twitter Files.”

The documents and data largely show internal debates among employees over the decision to temporarily censor links to the Hunter Biden story. The tweet threads lacked substantial evidence of a targeted influence campaign from Democrats or the FBI, which has denied any involvement in Twitter’s decision-making.

Nowhere did AP reveal that Donald Trump was the only one guilty of the crime that Comer wants to pursue. Nowhere did AP reveal other instances where Twitter coddled Trump, as when they rewrote their content moderation standards on attacks on immigrants, which previously had banned the use of the term, “Go back to where you came from,” to retroactively excuse their approval of a Trump attack on AOC and others.

Worse still, AP was silent about the degree to which members like Clay Higgins started baselessly calling for the arrest of witnesses not accused, much less credibly, of a crime.

In other words, AP let James Comer dictate the terms of their story even after the premise of it had been debunked.

That’s not journalism.

And there’s one more reason why the press needs to treat these hearings not as a both-sides affair but as an effort to flip truth upside-down.

While neither have said this outright, both Comer’s hearing and the first hearing of Jim Jordan’s insurrection protection committee attacked the nation’s ability to push back against disinformation, including, but not limited to, Russian disinformation.

And as Roth explained in the Twitter hearing, for example, Republican attacks on Twitter were an attack on efforts that came out of a bipartisan response to Russia’s interference in the 2016 election.

Shontel Brown:

Mr. Roth, in a recent interview you stated, and I quote, beginning in 2017, every platform Twitter included, started to invest really heavily in building out an election integrity function. So I ask, were those investments driven in part by bipartisan concerns raised by Congress and the US government after the Russian influence operation in the 2016 presidential election?

Yoel Roth:

Thank you for the question. Yes. Those concerns were fundamentally bipartisan. The Senate’s investigation of Russian active measures was a bipartisan effort. The report was bipartisan, and I think we all share concerns with what Russia is doing to meddle in our elections.

This is what both hearings explicitly sought to roll back, those bipartisan efforts to protect American democracy.

Comer engaged in his own disinformation as part of the process. He falsely claimed that a letter from 50 former spooks said “Hunter Biden’s laptop was Russian disinformation,” rather than that it bore the hallmarks of disinformation. Jim Jordan and HPSCI Chair Mike Turner are now ratcheting up threats against those spooks for speech they engaged in as private citizens, precisely the thing that Jordan purports to be fighting.

In Jordan’s insurrection protection hearing, he presented three witnesses purporting to talk about the weaponization of government. One, Tulsi Gabbard, presented as evidence of weaponizing government that private citizen Hillary Clinton claimed she was being “groomed” by Russia, something that had nothing to do with weaponizing government and everything to do with the free speech Tulsi purported to be defending. The two others, Chuck Grassley and Ron Johnson, complained that the FBI warned them their own investigation into private citizen Hunter Biden parroted an organized Russian campaign.

Taken together, these efforts are fairly unashamedly complaining that private entities — whether Twitter, Hillary, or former spooks — are exercizing their own right to speak up against Russian disinformation. That is, all three efforts use government resources against those speaking up against Russia.

And against the background of the Durham investigation — which investigated Hillary’s campaign because of the way she responded to being victimized by a Russian attack — this effort continues a GOP-led effort to criminalize opposition to Russian disinformation.

There’s no reason, journalistically, to treat this as a serious pursuit. Particularly not given the abundant evidence that these efforts are premised on false claims and easily debunked propaganda, and are an attempt to legitimize that propaganda to serve as the basis for criminal investigations.

If James Comer and Jim Jordan want to squander their majority by building hearings and investigations around lies, the press should call them on that, not reward it. If they don’t, we’re headed down an increasingly ugly cycle.

Charles McGonigal and the Unclassified Oligarch Info

There’s a mildly interesting discovery dispute in the SDNY case of Charles McGonigal, the former FBI Special Agent in Charge indicted last month for sanctions violations connected to Oleg Deripaska.

His co-defendant, former Russian diplomat and approved translator Sergey Shestakov, wants to amend the protective order governing discovery in this case. As I said, this is only mildly of interest. Such challenges are not unusual, and his attorney, former Andrew Cuomo attorney, Rita Glavin, has agreed to be bound by the existing protective order while the dispute is settled, so the dispute is not holding things up (anymore).

The dispute pertains to two issues about which Glavin wants reciprocity with the government. One is whether witnesses must be bound by the discovery order.

The paragraph states: “The defense shall provide a copy of this Order to prospective witnesses and persons retained by counsel to whom the defense has disclosed Disclosure Material. All such persons shall be subject to the terms of this Order. Defense counsel shall maintain a record of what information has been disclosed to which such persons.”

[snip]

Shestakov’s counsel has claimed that the integrity of the proceedings requires that the Government, like the defense, maintain records about the persons to whom discovery materials are provided, and provide copies of the protective order to all such persons. But the Government is aware of no legal authority—nor any good cause under Rule 16(d)—supporting that request. And because the Government has long possessed much of this information, and appropriately used it for a variety of lawful purposes, such a log would be impractical at this stage.

The government’s point — that it has already interviewed so many people a log of those interviews would be meaningless (as well as its earlier point that the government is subject to grand jury secrecy rules but the witnesses before it are not) — is a perfectly reasonable point. Just as one example, McGonigal’s former mistress, Allison Guerriero, has already discussed issues that would be covered by the protective order with the press; SDNY has no way to oblige her to keep those details secret.

SDNY doesn’t say it, but it also likely wants to avoid keeping a list of all the witnesses it spoke with that might otherwise be discoverable by Shestakov; usually the government only has to provide details about witnesses who will testify.

The other dispute pertains to how discovery material must be treated — language that is, on its face, meant to prevent defendants from tweeting about confidential discovery information.

That sentence provides: “The defense shall not post any Disclosure Material on any Internet site or network site, including any social media site such as Facebook or Twitter, to which persons other than the parties hereto have access, and shall not disclose any Disclosure Material to the media or the public other than when such material becomes part of the public record in connection with court filings and court proceedings or as otherwise set forth herein.”

The government’s response is not as direct to this point. To Shestakov’s complaint that the government might leak (a complaint Glavin made repeatedly during the Cuomo case), the government responded only that he doesn’t have authority to complain in public.

More to the point, to the extent Shestakov has explained his objections to the challenged terms in the proposed order, those objections are not valid. In objecting to paragraph 3, for instance, counsel has told us that she will not agree to unilateral restrictions because she believes there is a risk that the Government will leak discovery material publicly. Courts have squarely rejected that argument. A defendant has no right to use discovery materials to influence public opinion about, or media coverage of, his case; as a result, the desire to publicly respond to perceived wrongs by the Government is no basis to oppose or modify a protective order. See, e.g., Smith, 985 F. Supp. 2d at 540; United States v. Lindh, 198 F. Supp. 2d 739, 743 (E.D. Va. 2002). If Shestakov takes issue with public statements made by the Government, the remedy is supplied by Local Criminal Rule 23.1—which binds the Government and the defense alike—and there is no need to modify the proposed protective order.

Still, SDNY’s response that the Local Rules on extrajudicial statements would cover this does address why reciprocity here is sort of meaningless: SDNY is not going to comment outside of court proceedings unless they make a press statement at one of the milestones of a case, like the indictment, trial verdict, or sentencing. It violates not just local rules, but also DOJ rules.

That said, SDNY (or DOJ generally) might have cause to issue press releases on topics covered by the discovery in the case in other matters, such as the milestone of someone else charged in matters pertaining to Oleg Deripaska, or even new charges pertaining to him. That may be one unspoken reason why SDNY is balking at Shestakov’s complaint, though the main one is the likely the way in which the language might prohibit information sharing within the US government.

The government provides three reasons for the protective order in this case: two are to protect the identities of witnesses and the privacy interests of those whose materials are included in the discovery, which are, again, quite routine.

SDNY also cites the need to protect unclassified information about sanctions on oligarchs, Russia’s influence efforts, and documents relating to efforts to surveil them.

First, the materials include, among other things, information pertaining to the imposition of sanctions on Russian oligarchs, information from various sources about potential Russian influence in the United States, and documents relating to law enforcement’s surveillance efforts. None of the materials that will be subject to this protective order are classified—the Government has determined that they can appropriately be produced to the defendants in order to comply with the Government’s discovery obligations—but there would still be law enforcement consequences to their public disclosure.

This is the kind of stuff that SDNY — or other parts of the government — might have cause to include in other press releases, unrelated to this case.

It’s all unclassified, SDNY says.

It’s not surprising that SDNY would build a FARA and sanctions case around unclassified information. On its face, the indictment relies on emails between Shestakov and McGonigal, Evgeny Fokin, the NYPD, and the law firm involved in trying to reverse sanctions, Kobre & Kim, records pertaining to the payments alleged to have been laundered from a bank in Cyprus through a New Jersey company, as well as records pertaining to subcontractors McGonigal employed (in a repeat of Christopher Steele) to investigate a Deripaska rival.

But the indictment is tailored to avoid other, more interesting and potentially classified discovery. The indictment doesn’t charge Fokin, for example, which would implicate any communications he had directly with Deripaska and others.

FARA and sanctions violations provide crimes that are readily chargeable when other crimes — which may or may not be implicated here — would impose onerous discovery requirements on the government. The fact that SDNY maintains all the discovery in this case is unclassified is important background to questions about what more the government knows about McGonigal’s actions: by design, they’re not going to tell as part of this prosecution.

All that’s important background for the other reason I’m intrigued by an entirely unexceptional protective order dispute. As SDNY’s letter describes, between January 24 and February 6, SDNY and McGonigal’s legal team, which includes former Bill Barr aide Seth DuCharme, resolved their own “modifications” to the protective order.

The defendants were each arrested on January 21, 2023, and were presented before Magistrate Judge Sarah L. Cave on January 23, 2023. The next day, the Government proposed a standard protective order, based on those routinely used in this District, to counsel for both defendants. Over the ensuing days, the Government repeatedly discussed the proposed protective order with McGonigal’s counsel, and agreed to make certain modifications based on those discussions. The Government and McGonigal’s counsel reached agreement on a protective order with the terms contained in Exhibit A, and on February 6, 2023, McGonigal’s counsel returned a signed copy of the order.

Two days after the government and McGonigal’s team resolved their own protective order issues (which also happens to be two days after Shestakov’s legal team filed their notice of appearance, so before substantive discussions would have begun between SDNY and Glavin), SDNY triggered the CIPA process. Among other things, the CIPA process will give SDNY a chance to argue that other classified discovery can be withheld from the defendants if it is not relevant and helpful to their defense.

Some such classified material McGonigal would know about personally. As the indictment itself notes, while still at the FBI, McGonigal had access to information on investigations of Russian oligarchs.

As SAC, McGONIGAL served as the Special Agent in Charge (“SAC”) of the Counterintelligence Division of the FBI’s New York Field Office. As SAC, McGONIGAL supervised and participated in investigations of Russian oligarchs, including Deripaska. Among other things, in 2018, McGONIGAL, while acting as SAC, received and reviewed a then-classified list of Russian oligarchs with close ties to the Kremlin who would be considered for sanctions to be imposed as a result of Russia’s 2014 conflict with Ukraine.

This list is no longer classified. But other materials McGonigal had access to while still at FBI undoubtedly are, including materials pertaining to the investigation of Deripaska’s role in the 2016 election interference operation.

And it’s not just these issues that McGonigal might know exist and might want to demand. According to Mattathias Schwartz, the investigation into McGonigal didn’t stem from the tip that his disgruntled mistress, Guerriero, gave to the head of NY’s FBI in 2019. Starting in 2018, the Brits were aware that McGonigal had suspect meetings with an unidentified Russian in London.

In 2018, Charles McGonigal, the FBI’s former New York spy chief, traveled to London where he met with a Russian contact who was under surveillance by British authorities, two US intelligence sources told Insider.

The British were alarmed enough by the meeting to alert the FBI’s legal attaché, who was stationed at the US Embassy. The FBI then used the surreptitious meeting as part of their basis to open an investigation into McGonigal, one of the two sources said.

Whenever the Brits picked this up (and subsequent meetings that Schwartz notes were referenced in the indictment), they would have happened before or during the time that DuCharme played a key role at DOJ, first as Barr’s counsel and then as PADAG. As I keep noting, DuCharme was centrally involved in Barr’s extensive efforts to prevent Rudy Giuliani — a close friend of McGonigal’s ex-mistress — from being prosecuted for his own dalliances with Russian agents. It is inconceivable that a senior FBI agent was under suspicion for suspect meetings with Deripaska or his associates and the matter wouldn’t arise to Barr and Jeffrey Rosen’s level. And DuCharme was personally involved in exceptional interference in investigations of Russia agents.

Even just based on his own knowledge of sensitive information pertaining to Russian investigations, McGonigal had the means to make this prosecution difficult, by demanding classified information he accessed while still at FBI, perhaps to argue that he had reason to believe that Deripaska was really just a nice guy who didn’t deserved to be sanctioned.

But DuCharme’s knowledge of such information would surely be even fresher than McGonigal’s. Indeed, given the reported tip from the Brits in 2018, DuCharme is likely to have firsthand knowledge pertaining to issues relating to McGonigal that might not otherwise be included among discovery (for example, of discussions among Russians about McGonigal that McGonigal himself would not be privy to). DuCharme likely knows what DOJ knew about McGonigal’s ties to Deripaska at least through the time he moved back to EDNY in July 2020, and at EDNY DuCharme would have presided over other sensitive Russian investigations, including the one into Andrii Derkach.

DOJ has not, at least not yet, triggered CIPA in the DC case. But it likely doesn’t have as much sensitive information about — and as much sensitivity surrounding — information on the Albanians involved in that case.

Given their shared knowledge of matters relating to Deripaska, McGonigal and DuCharme may make the prosecution plenty difficult as it is in SDNY.

Earlier posts

[From Rayne] The Other Albanian Stuff

A Close Rudy Giuliani Associate Alerted FBI’s Assistant Director to Charles McGonigal’s Alleged Albanian Graft

No, Charles McGonigal Likely Isn’t Responsible for that Part of the Russian Investigation You Hate

Former FBI SAC Charles McGonigal Indicted for Crimes Spanning from 2017 to 2021

Alleged DNC Hacker’s Co-Conspirator, Vladislav Klyushin, Convicted of Cheating Elon Musk and Others

One article of faith of “Russiagate” propagandists is that DOJ couldn’t convict any of the hackers involved in the 2016 Russian operation if one happened to wander into a friendly jurisdiction and get arrested.

Today in Boston, a jury convicted Vladislav Klyushin, the co-conspirator and boss of one of the men charged in the 2016 hack of the DNC. Klyushin was arrested and extradited from Switzerland two years ago.

The jury found Klyushin guilty on charges of hacking, wire fraud, securities fraud, and a conspiracy to hack.

Here’s how I described the hack-and-insider trade scheme after Klyushin’s extradition.

The insider trader scheme works like this: Klyushin (the guy in US custody) and Yermakov (a key person involved in the 2016 DNC hack, described in DOJ’s press release as a “former” GRU officer), along with one other guy from M-13, are[] accused of hacking at least two US filing agents to obtain earnings reports before they were officially released. They conducted trades for a handful of clients — along with Borodaev and Uryadov, Boris Varshavskiy is mentioned. Klyushin also conducted trades for himself.

As noted, one guy the jury found that Klyushin conspired with — in fact, the guy who hacked two US filing companies to obtain the information to use in insider trading — is Ivan Yermakov [Ermakov]. Before he went to work for Klyushin, he worked for Russian military intelligence, where he is alleged to have phished Democratic targets in 2016 and then exfiltrated data. Among other things, Mueller accused Yermakov of being one of two people who stole John Podesta’s emails.

According to court filings, the FBI didn’t get involved in this case until one of the filing companies that were targeted reported a hack in 2020. But the investigation relied on information that dated back years earlier.

Of particular note, Yermakov got a smart phone update on May 9, 2018 at the same IP address used to steal some earnings reports used in the insider trading scheme on that same day.

Based on a review of records obtained from a U.S.-based technology company (the “Tech Company”), I have learned that on or about May 9, 2018, at 3:44 a.m. (ET), an account linked to ERMAKOV received an update for three native applications associated to the Tech Company. Records show that the May 9, 2018 application updates were associated to IP address 119.204.194.11 (the “119 IP Address”).

Based on my review of a log file from FA 2, I learned that on or about that same day, May 9, 2018, starting at 3:46 a.m. (ET)–approximately two minutes after ERMAKOV received application updates from the Tech Company–the FA 2 employee’s compromised login credentials were used to gain unauthorized access to FA 2’s system from the same 119 IP Address, and to view and/or download earnings-related files of four companies: Cytomx Therapeutics, Horizon Therapeutics, Puma Biotechnology, and Synaptics.7 All four companies reported their quarterly earnings later that day.

Two months later, in July 2018, Mueller would charge Yermakov and others in the DNC hack.

Three months after that, on October 24, 2018, the co-conspirators targeted Tesla’s earnings announcement.

Klyushin bragged about knowing that Tesla would spike in value after its earnings statement. “Pay attention to shares of Tesla now and tomorrow after 16:30 and on how much they go up,” Klyushin advised some guys he let in on the racket. After the earning statement came out, Klyushin noted,

It was 288 but after the close it was already 308, and tomorrow will most likely hit 330 that’s 10. And with a shoulder 2-3 times its almost 25. But such deals don’t happen often in a quarter.

In precisely that time period, Elon Musk was consolidating his 20% ownership stake in Tesla. He bought $30 million in Tesla stock in the days and weeks after Klyushin and his co-conspirators front-loaded Tesla.

The following year, Klyushin and Yermakov would joke about how much cash they were accumulating by insider trading on companies like Tesla.

Below are photographs that the defendant shared with his co-defendant and employee, Ermakov, in August 2019. The pictures, taken at different times, show a single safe containing an increasing amount of U.S. one hundred dollar bills. Based on the amount of currency in the safe on the right, and a comment that the defendant made to Ermakov that the amount in the safe is about “3,” investigators believe that safe—whose exact location is unknown—may have contained as much as $3 million in cash

To add insult to injury, these are the cars that Klyushin and Yermkov bought with the proceeds they made from from insider trading on Tesla and other companies.

The picture was submitted at trial to prove the tie between Yermakov and Klyushin, demonstrated by the reference to their company incorporated into the vanity plates.

It’s absolutely the case that Ivan Yermakov is not going to arrive for prosecution in the United States any time soon. In fact, prosecutors found both WhatsApp chats between the two men, in 2019, describing Yermakov’s inability to leave Russia — and Klyushin’s promises to try to help — as well as a screen shot of the FBI wanted poster for Yermakov, taken in October 2020.

But a guy just convicted of conspiring with him did. And a jury found him guilty of hacking US targets.

Jeff Gerth Declares No There, Where He Never Checked

In Part One of this series, I noted that Jeff Gerth couldn’t make it through his first sentence without making an error (two errors, if you’re a hard grader). In Part Three, I noted that the fact set Gerth draws on is not the Mueller investigation itself or even the underlying Russian hack-and-leak campaign, but the investigations into that investigation.

That’s how Gerth came to rely on a Russian intelligence report of uncertain reliability to make claims about Hillary Clinton’s motives without actually disclosing he was doing it.

Gerth’s reliance on people like Lindsey Graham and Sidney Powell and John Durham and a host of angry men who post highlighted screen caps on Twitter is a problem, because they’re not reliable. They’re the obvious source of many of his outright errors.

Gerth falsely claimed the DOJ IG Report vindicated Devin Nunes’ memo – but he didn’t check that (I did). He applauded retractions based off John Durham claims that couldn’t withstand the scrutiny of a jury. At least twice, he falsely claimed that investigations – the SSCI investigation’s findings about Konstantin Kilimnik, Mueller’s investigations about Prigozhin’s ties to the Russian government – showed no evidence rather than that much of it remains classified.

These are just a few of a host of smaller errors that would have been caught in any robust fact check.

Gerth invents exculpatory evidence Bill Barr says doesn’t exist

Some of his bigger errors, though, are especially revealing.

Of particular interest, given how Gerth ignores much of NYT and (especially) WaPo reporting about Mike Flynn, he misrepresents what happened with Trump’s former National Security Adviser. In Part Four of his piece, Gerth accurately describes DOJ’s claimed reason for reversing the prosecution of Flynn.

In May 2020, the Justice Department dropped the case against Flynn for lying to the FBI after a review by Jensen, the US Attorney in St. Louis. The department cited the FBI’s “frail and shifting justifications for its ongoing probe of Mr. Flynn” and said that the FBI interview of Flynn was “conducted without any legitimate investigative basis.”

In making fact claims about the Flynn investigation, Gerth doesn’t describe how obviously false this claim was. He doesn’t meet his own standard of referring to competing sides of an issue – particularly egregious given how radically DOJ’s own position changed between January and May. 

But at least he accurately reported what DOJ claimed.

In Part Three, however, Gerth falsely claims that DOJ found “exculpatory” evidence, which Gerth surely knows has a legal meaning.

Flynn later tried to withdraw his plea after a Justice Department review found exculpatory evidence, including the fact that the lead agent on his case wanted to shut it down in early January but was overruled by higher-ups. The Justice Department then moved to have the charges dismissed, but a federal judge wanted to know more, so Flynn was pardoned by Trump.

[snip]

Other FBI documents, released in 2020, reflect the same assessment: the inquiry into possible ties between the campaign and Russia, according to one of the agents involved in the case, “seemed to be winding down” then. [my emphasis]

DOJ found no exculpatory evidence; if they had, it would have amounted to a Brady violation. Long before DOJ reversed course on the Flynn prosecution, it had argued that Flynn was not entitled to much of the evidence Bill Barr subsequently made available. In any case, Judge Emmet Sullivan, the judge who, since presiding over the Ted Stevens case, has adopted a particularly expansive view of Brady material, wrote a meticulous, 92-page opinion, ruling that none of that was Brady material. Jocelyn Ballantine, the AUSA stuck trying to reverse course on claims she had previously made to the court, described that DOJ’s reversal on Flynn was discretionary.

While those documents, along with other recently available information, see, e.g., Doc. 198-6, are relevant to the government’s discretionary decision to dismiss this case, the government’s motion is not based on defendant Flynn’s broad allegations of prosecutorial misconduct. Flynn’s allegations are unfounded and provide no basis for impugning the prosecutors from the D.C. United States Attorney’s Office. 

Barr repeated that assessment in testimony to the House Judiciary Committee – there was no Brady violation. 

Mr. Collins: (01:17:42)

Well, there’s another part of this as well that concerns what has been given to the courts and in the interviews, and that is that the facts were not disclosed to Flynn prior to the interview. That seems like a Brady violation, to me. Do you believe that there’s a Brady violation there in this case? [crosstalk 01:17:56]

Wiliam Barr: (01:17:56)

No, there wasn’t a Brady violation there, but I think what the council concluded was that the only purpose of the interview, the only purpose was to try to catch him in saying something that they could then say was a lie.

The only one who said there was exculpatory information was Sidney Powell, the same person who would go on to claim that “no reasonable person” would believe her election fraud claims were statements of fact. That’s the standard CJR adopted in this series, the Sidney Powell standard.

And when Sullivan issued a final ruling in the case – stating that Flynn’s pardon did not render him innocent – Sullivan noted that “the government had been aware of much of this evidence since early on in the case,” meaning it would be covered by his earlier Brady opinion (indeed, almost all of the “new” documents were specifically addressed in his earlier Brady opinion).

Along with his false claim about exculpatory information, Gerth’s relies on an unusual interview of case agent Bill Barnett (the bolded language above; Gerth neither names nor links the interview), which is particularly problematic. That’s true, first of all, because in the interview, Barnett suggests (improbably) he did not understand the counterintelligence side of the investigation (a point Jim Comey made in congressional testimony). His claims about the evidence conflict with known details. Even so, his interview shows that he believed that Flynn lied in his interview with the FBI, contradicting a key false claim made by “Russiagate” purveyors talking about Flynn’s case. Worse, from a legal perspective, when DOJ submitted his memo to the docket, they redacted AUSA Brandon Van Grack’s name in the interview report, which had the effect of hiding from Judge Sullivan material information – that Barnett had no complaints with Van Grack’s performance and that Van Grack made sure Barnett’s favorable views about Trump and KT McFarland were aired in prosecutorial decisions. That is, the memo actually proves that DOJ was trying to hide that there was no exculpatory information, not that there was any.

To sustain his false claims about Flynn, then, Gerth does the same thing he did with his purported review of NYT and WaPo reporting: rely on a “Russiagate” narrative, rather than the actual facts.

Gerth plays “gotcha” with thin evidence before the evidence is collected

Gerth’s errors about the investigation get far weirder in a series of instances where Gerth scolds the press for not covering statements – either released after some delay or spoken retrospectively – to claim there was no substance to the investigation.

WaPo only included James Clapper’s statement that, by the end of his tenure, the intelligence community had found no evidence of “collusion” at the end of a story otherwise focused on his denial that Trump himself had been targeted under FISA, Gerth complains, “while the Times ignored it” in their story. But, as Clapper noted himself in the interview in question, that reflected the investigation as it existed on January 20, 2017, over forty days earlier. “This could have unfolded or become available in the time since I left the government.” Clapper was right: In the interim period, Flynn had lied to the FBI about his calls with Sergey Kislyak during the transition (which, again, was covered in stories that Gerth omitted from his review of NYT and WaPo reporting) and Papadopoulos had confirmed he got advance notice of the Russian interference, while lying about the timing of it. This is a favorite “Russiagate” move, but it’s just stupid, demanding anyone measure the facts of an investigation by what it used to look like several months in the past.

Gerth also complains that the NYT “omitted” any mention of a text Pete Strzok sent Lisa Page on May 19, 2017 after it was publicly released on January 23, 2018. In the text, Strzok explains that he might not join the Mueller team because “my gut sense and concern there’s no there there.” Gerth suggests reporting it, eight months after the fact, “might have helped readers better understand why Mueller failed to bring any criminal charges involving collusion [sic] or conspiracy with Russia.”

Yet the disclosure in no way substantiates what Gerth fancies it does – because (as other documents he relies on show, as well as a great deal of public documentation about the investigation he does not mention) – with the very notable exception of the FISA warrants targeting Carter Page, the investigation had barely begun to obtain warrants to collect evidence yet in May 2017. Indeed, Strzok’s is one of several comments that Gerth seizes on that reveal the former FBI agent didn’t have it in for Trump and instead repeatedly took steps to protect Trump and Flynn’s interests. But Gerth never complains that the press didn’t cover that aspect of the leaked texts and declassified investigative records. As noted, Gerth opines that, “One traditional journalistic standard that wasn’t always followed in the Trump-Russia coverage is the need to report facts that run counter to the prevailing narrative.” The implications of the investigative steps Strzok actually took in the Russian investigation are clearly an example, but not one Gerth has any interest in.

A particularly bizarre example of this is when Gerth relies on a comment that Rod Rosenstein made, in 2020, about the state of the investigation when he approved a memo scoping the investigation on August 2, 2017. “By August, the collusion [sic] investigation had not panned out, according to 2020 testimony by Rod Rosenstein, the deputy attorney general who oversaw Mueller,” Gerth claims.

He appears to base that claim on this exchange with Lindsey Graham on June 3, 2020:

Lindsey Graham: (34:20) I’m not arguing with you about assigning it to Mueller. I’m saying, was there a legitimate reason to believe that any of the people named in this letter were actively working with the Russians in August, 2017?

Rod Rosenstein: (34:34) In August, 2017?

Lindsey Graham: (34:36) That’s when you signed the memo.

Rod Rosenstein: (34:38) My understanding, Senator, was that there was reasonable suspicion.

Lindsey Graham: (34:42) What is it? What was it?

Rod Rosenstein: (34:44) Now, again, Senator, the investigation has concluded and these people were not conspiring with the Russians, the information available at the time included-

Lindsey Graham: (34:55) Well, why do we have the Mueller investigation at all, if we had concluded they working with the Russians?

Rod Rosenstein: (35:00) I don’t believe we had concluded it at that time.

Lindsey Graham: (35:02) I am saying in January the 4th, 2017, the FBI had discounted Flynn, there was no evidence that Carter Page worked with the Russians, the dossier was a bunch of garbage and Papadopoulos is all over the place, not knowing he’s being recorded, denying working with the Russians, nobody’s ever been prosecuted for working with the Russians. The point is the whole concept that the campaign was colluding with the Russians, there was no there there in August, 2017. Do you agree with that general statement or not?

Rod Rosenstein: (35:39) I agree with that general statement. [my emphasis]

Gerth’s apparent citation of this exchange is telling. The hearing itself was part of a concerted effort by a Trump ally — relying on people like Bill Barnett — to muddle the actual results of the Mueller investigation. Gerth makes much of Mueller’s “painful” delivery during the Special Counsel’s May 2019 congressional testimony, but in this Senate hearing, Rosenstein – who was struggling to answer why he authorized the most problematic FISA application targeting Carter Page – proved easily bullied. Sure, he did “agree with [Lindsey Graham’s] general statement” that “there was no there there in August, 2017” when Rosenstein had written a new scope statement for the investigation. But Rosenstein said that just 61 seconds after he noted that he understood Mueller to have “reasonable suspicion” that Trump’s associates were working with Russia.

And as Gerth and Graham are both supposed to understand, the [Acting] Attorney General supervising a Special Counsel investigation is not involved in the day-to-day steps of it. Rosenstein’s answers make it clear he either didn’t remember, didn’t know, or didn’t want to talk about those details.

In fact, the public record shows, Mueller had more than reasonable suspicion that Trump’s aides had inappropriate contacts with Russians or others involved in the interference operation. 

Just days earlier, on July 28, 2017, DOJ had already established probable cause to arrest George Papadopoulos for false statements and obstructing the investigation. His FBI interviews in the days after August 2 would go to the core questions of the campaign’s knowledge and encouragement of Russia’s interference. On August 11, Papadopoulos described, but then backed off certainty about, a memory of Sam Clovis getting upset when Papadopoulos told Clovis “they,” the Russians, have Hillary’s emails. On September 19, Papadopoulos professed to be unable to explain what his own notes planning a September 2016 meeting in London with the “Office of Putin” meant.

The investigation into Paul Manafort, too, was only beginning to take steps that would reveal suspect ties to Russia. Also on July 28, for example, DOJ obtained the first known warrant including conspiracy among the charges under investigation, and the first known warrant listing the June 9 meeting within the scope of the investigation. On August 17, DOJ would show probable cause to obtain emails from Manafort’s business involving Manafort, Gates, and Konstantin Kilimnik that would (among other things) show damning messages sent between Manafort and Kilimnik using the foldering technique, likely including Manafort’s sustained involvement in a plan to carve up Ukraine that started on August 2, 2016 (which Gerth omits from his description of that meeting).

Similarly, Mueller was still collecting evidence explaining why Flynn might have lied about his calls with Sergey Kislyak. On August 25, Mueller obtained a probable cause warrant to access devices owned by the GSA showing that Flynn had coordinated his calls with other transition officials, including those with Trump at Mar-a-Lago, when he called Kislyak to undermine Obama’s sanctions against Russia.

Plus, Mueller was just beginning to investigate at least two Trump associates that Rosenstein would include in an expanded scope in October 2017. On July 18, Mueller would obtain a probable cause warrant that built off Suspicious Activity Reports submitted to Treasury. That first known warrant targeting Michael Cohen never mentioned the long-debunked allegations about Cohen in the Steele dossier. Instead, the warrant affidavit would cite five deposits in the first five months of 2017 from Viktor Vekselberg’s Renova Group, totaling over $400K, $300K in payments from Korean Aerospace Industries, and almost $200K from Novartis, all of which conflicted with Cohen’s claim that the bank account in question would focus on domestic clients. On August 1, Mueller would obtain a probable cause warrant for Cohen’s Trump Organization emails from Microsoft. Mueller did so using a loophole that Microsoft would sue to close shortly afterwards, a move which likely stymied the investigation into a suspected $10 million donation to Trump, via an Egyptian bank, that kept him in the race in September 2016. That warrant for Trump Organization emails likely obtained Cohen’s January 2016 contact with the Kremlin – the one not turned over, to Congress at least, in response to a subpoena – a contact that Cohen would lie to Congress about four week later

On August 7, Mueller used a probable cause warrant to obtain Roger Stone’s Twitter content, which revealed a mid-October 2016 exchange with WikiLeaks that disproved the rat-fucker’s public claims that he had never communicated with WikiLeaks during the campaign (a fact that Gerth gets wrong in the less than 1% of his series he dedicates to Stone). It also revealed that the day after the election, WikiLeaks assured Stone via DM that “we are now more free to communicate.” Those communications would, in one week (the subsequent investigation showed), turn into pardon discussions, which provides important background to the June 2017 Twitter DMs Stone had with Julian Assange, obtained with that August warrant, about “doing everything possible to address [Assange’s] issues at the highest level of Government.”

Gerth’s reliance on Rosenstein, at best, ignores the context of the former Deputy Attorney General’s quivering in the face of his own exposure in the errors in the Carter Page applications. It ignores Rosenstein’s statement, 61 seconds earlier, about reasonable suspicion. More importantly, it relies on a witness who wouldn’t know what investigators had discovered and by when, all the while remaining blissfully ignorant of (or, worse, suppressing) publicly available details that reveal the actual state of the investigation in August 2017.

Based on such a shoddy reporting approach, Gerth calls all these investigative discoveries – details about plans for a meeting with Putin’s office in September 2016, foldered emails about carving up Ukraine, coordination with Mar-a-Lago on Flynn’s calls about sanctions with Sergey Kislyak, $400K in suspicious payments from a Russian oligarch, and proof that Stone was lying about contact with WikiLeaks – “no there, there.” 

Gerth insists that journalists should disclose the known details about the investigation – such as that Strzok didn’t think there would be anything before Mueller started obtaining warrants to check — but rather than holding himself to that standard, he instead makes provably false statements about what investigators knew, and could have known, when. 

When asked about both the Flynn and the Rosenstein claims, twice, CJR did not respond. “[T]he vast majority of items” I raised “are editorial notes from you, as in ways you would have written the piece differently,” Pope said in response to my list of questions, “rather than issues of fact that need to be addressed by CJR.”

Sweeping misstatements about trolls

Gerth’s legal misrepresentations are perhaps most telling in his discussion of the case against Russian oligarch Yevgeniy Prigozhin, twelve human trolls who worked for Internet Research Agency, the IRA itself, and two shell companies Prigozhin allegedly used to fund the IRA. 

This is going to get weedy, but it’s important because it’s an instance where Gerth simply adopts the false claims of another “Russiagate” propagandist as his own.

Gerth makes two claims: That the judge handling the case “rebuked” “the Mueller [R]eport” for claiming the “IRA” was part of a “sweeping” Russian government effort when (Gerth claimed) prosecutors weren’t prepared to prove that tie. And, he claims, “one criminal case” was dropped by DOJ.

The Mueller report’s implication that the IRA was part of a “sweeping” Russian government meddling campaign in 2016 was later rebuked by a federal Judge handling an IRA-related case. The indictment of the IRA, the judge found, alleged “only private conduct by private actors” and “does not link the [IRA] to the Russian government.” The prosecutors made clear they were not prepared to show that the IRA efforts were a government operation. Mueller’s report does refer to “ties” between Putin and the owner of the IRA—he is sometimes referred to as “Putin’s Cook”—and the fact that “the two have appeared together in public photographs.” Mueller’s source for that was an article in the Times.

[snip]

(One criminal case involving Russian trolling that was prosecuted was dropped by the Justice Department in March 2020. The Times, in its story about the decision, only quoted the prosecutor, while the Wall Street Journal and Washington Post also included quotes from the Russian company’s American lawyer.)

Before I lay out the many errors here, let me address Gerth’s complaint that the NYT quoted only prosecutors in their stories about DOJ’s decision to drop charges against Concord, whereas the WSJ and WaPo “include[] quotes from the Russian company’s American lawyer.” He doesn’t mention that NYT quoted a Twitter account boasting of leaking Mueller’s materials, one proximate reason DOJ dropped the case. But the entire complaint underscores Gerth’s fundamental misrepresentation of this issue: The dispute in question was a dispute about prejudicial pretrial statements, not about what prosecutors planned to prove in court. After Judge Dabney Friedrich issued her rebuke, neither side was supposed to be giving quotes to journalists. 

And because DOJ didn’t dismiss an entire criminal case, DOJ remained gagged under Judge Friedrich’s order. DOJ dismissed only the charges against the defendants in question, which Gerth describes as the “IRA” (Internet Research Agency) five times in one paragraph.

But Gerth got the defendant wrong. Here’s the passage of the judge’s order Gerth claims to be citing.

But the indictment, which alleges that private Russian entities and individuals conducted an “information warfare” campaign designed to sow discord among U.S. voters, Indictment ¶ 10, does not link the defendants to the Russian government. Save for a single allegation that Concord and Concord Catering had several “government contracts” (with no further elaboration), id. ¶ 11, the indictment alleges only private conduct by private actors. [my emphasis]

“The defendants” here were Concord Management and Consulting, the shell companies Prigozhin allegedly used to fund the IRA, the same defendants against which DOJ dropped charges. (Friedrich refers to IRA as Concord’s “co-defendant” when she discusses them.) The difference matters because – as even that passage makes clear – there was no question about the contracts that Concord had with the Russian government.

DOJ dismissed the charges against Concord because it was acting as a true shell company, using its flexibility as a corporate person to show up to contest the charges and obtain sensitive discovery, while dodging parts of the protective order and any possibility it would ever be arrested. I laid out DOJ’s decision to drop the charges, rebutting false claims from both right and left, in this post. Gerth must know that the decision only pertained to two corporate shell defendants. The WSJ story he cites, for example, makes that clear in the headline: “Judge Dismisses Part of Robert Mueller’s Case Against Russian Firm.” The NYT version clarified the dismissal involved just “two Russian shell companies.” 

And as for Friedrich’s rebuke, as I noted, it was about pretrial prejudice, Concord’s ability to get a fair trial, not about what prosecutors planned to prove at trial. Gerth appears to have made up the claim that prosecutors “made clear they were not prepared to show that the IRA [sic] efforts were a government operation.” On the contrary, prosecutor Jonathan Kravis explained in a hearing on Concord’s motion that they had not yet decided whether they would present it at trial.

THE COURT: And is that something that the government plans to introduce at trial in this case?

KRAVIS: I’m not certain of the answer to that question at this point.

Given the charges, they didn’t need to prove that Concord was working with the Russian government. The single conspiracy count against Concord didn’t require proving Prigozhin’s substantial ties to the Russian government. It required showing only that members of the conspiracy deliberately thwarted FEC and DOJ’s ability to enforce campaign finance and FARA laws, both of which only require a tie to a foreign principal, not a foreign government.

Similarly, Gerth falsely insinuates that Mueller didn’t have evidence of such ties by suggesting the only evidence in the report was a reference to a NYT article. As he did with the SSCI case laying out reasons it judged Kilimnik to be a spy, Gerth is here referring to a two page, almost entirely redacted section, and insinuating that a bunch of redacted evidence is the same as no evidence, just a reference to the NYT. A sentence unsealed after this dispute shows that this passage relied, in part, on details of Prigozhin’s ties to the Russian military.

Finally, Gerth misrepresents both the substance of the rebuke and its primary target. Concord’s complaint about prejudicial language (both the alleged tie to Russia and outright claims it was illegal) focused first and foremost on Bill Barr’s language, and only secondarily on the Mueller Report. While Friedrich’s order rebuking the government did cite language in the Mueller Report, she deemed that language a violation in conjunction with Barr’s far more definitive tie between Russia and the corporate defendants, particularly made in Senate testimony. 

Similarly, the Attorney General drew a link between the Russian government and this case during a press conference in which he stated that “[t]he Special Counsel’s report outlines two main efforts by the Russian government to influence the 2016 election.” Press Conference Tr. (emphasis added). The “[f]irst” involved “efforts by the Internet Research Agency, a Russian company with close ties to the Russian government, to sow social discord among American voters through disinformation and social media operations.” Id. The “[s]econd” involved “efforts by Russian military officials associated with the GRU,” a Russian intelligence agency, to hack and leak private documents and emails from the Democratic Party and the Clinton Campaign. Id. The Attorney General further stated the Report’s “bottom line”: “After nearly two years of investigation, thousands of subpoenas, and hundreds of warrants and witness interviews, the Special Counsel confirmed that the Russian government sponsored efforts to illegally interfere with the 2016 presidential election but did not find that the Trump campaign or other Americans colluded in those schemes.” Id. (emphases added). In context, it is clear that one of these “efforts” or “schemes” attributed to the Russian government was the information warfare campaign alleged in the indictment. Id. Thus, the Attorney General “confirmed” what the indictment does not allege—that Concord’s and its co-defendants’ activities were “sponsored” by the “Russian government” and part of a two-pronged attack on our nation’s democratic institutions. Id. This bottom-line conclusion was highlighted in multiple press articles following the Report’s release.

In fact, Friedrich pointed to Mueller’s closing press conference on May 29 as proof of the care with which DOJ was trying to avoid such prejudice.

In delivering his remarks, the Special Counsel carefully distinguished between the efforts by “Russian intelligence officers who were part of the Russian military” and the efforts detailed “in a separate indictment” by “a private Russian entity engaged in a social media operation where Russian citizens posed as Americans in order to interfere in the election.” Special Counsel Statement Tr. (emphases added). He also repeatedly referred to the activities described in the Report as “allegations” and made clear that his Office was “not commenting on the guilt or innocence of any specific defendant.” Id. The Special Counsel added that the defendants were “presumed innocent unless and until proven guilty in court.”

As to Gerth’s insinuation that Friedrich was rebuking Mueller for including “IRA” in his observation that, “The Russian government interfered in the 2016 presidential election in sweeping and systematic fashion,” she did not include the “sweeping” comment quoted by Gerth. While Concord cited the “sweeping” language in its initial motion, it dropped it in its reply. The reference didn’t come up in the hearing on the matter. And Friedrich’s order did not mention the “sweeping and systematic” claim either, which in the report was tied to the hack-and-leak campaign. So not only wasn’t that claim rebuked, but by yoking that claim to IRA, Gerth is doing precisely what Concord complained about, applying language that pertained to other parts of Russia’s operation to Prigozhin’s corporations. Gerth is himself engaged in the kind of sloppy journalism that Concord complained about.

Virtually everything Gerth said in his comments about “IRA” was wrong in one way or another.

The sloppiness of this section is important for another reason.

As far as I’m aware, the claims were first made by Aaron Maté in a piece listing questions he wanted asked in Mueller’s congressional testimony.

Why did you suggest that juvenile clickbait from a Russian troll farm was part of a “sweeping and systematic” Russian government interference effort?

The Mueller report begins by declaring that “[t]he Russian government interfered in the 2016 presidential election in sweeping and systematic fashion.” A few paragraphs later, Mueller tells us that Russian interference occurred “principally through two operations.” The first of these operations was “a social media campaign that favored presidential candidate Donald J. Trump and disparaged presidential candidate Hillary Clinton,” carried out by a Russian troll farm known as the Internet Research Agency (IRA).

The inference here is that the IRA was a part of the Russian government’s “sweeping and systematic” interference campaign. Yet Mueller’s team has been forced to admit in court that this was a false insinuation. Earlier this month, a federal judge rebuked Mueller and the Justice Department for suggesting that the troll farm’s social media activities “were undertaken on behalf of, if not at the direction of, the Russian government.” US District Judge Dabney Friedrich noted that Mueller’s February 2018 indictment of the IRA “does not link the [IRA] to the Russian government” and alleges “only private conduct by private actors.” Jonathan Kravis, a senior prosecutor on the Mueller team, acknowledged that this is the case. “[T]he report itself does not state anywhere that the Russian government was behind the Internet Research Agency activity,” Kravis told the court.

Maté made the claim that “sweeping” was included in there, he made the claim (and the substitution in brackets) that this was about the IRA, Maté made up the claim that this was about evidence rather than pretrial prejudice (indeed, his first version of this, since corrected, falsely attributed Concord’s complaint that DOJ had “improperly suggested a link” between “IRA and the Kremlin” to Friedrich). Most of Gerth’s errors first appeared in Maté’s piece, and Gerth doesn’t include Maté’s one quote – Friedrich’s judgment that the Mueller Report had suggested the trolling done by Concord’s co-defendant IRA was “undertaken on behalf of … the Russian government” – where Friedrich most directly condemned the Report.

From Maté’s piece, the claims were magnified through “Russiagate” channels and invoked days later in some erroneous questioning by Tom McClintock in the Mueller appearance that Gerth invoked in word 18 of his 23,000 word series.

MCCLINTOCK: But — but you — you have left the clear impression throughout the country, through your report, that it — it was the Russian government behind the troll farms. And yet, when you’re called upon to provide actual evidence in court, you fail to do so.

MUELLER: Well, I would again dispute your characterization of what occurred in that — in that proceeding.

Gerth, who starts his 23,000-word series citing Mueller’s testimony and scolds journalists repeatedly for not presenting contrary views, doesn’t include Mueller directly disputing the claim – made by McClintock, made by Gerth, and made by Maté – that the government failed to present such evidence. Gerth has been told his claims here are false, in the Mueller testimony he made the opening gambit of his series. And yet, he repeated Maté’s errors anyway.

Maté is one of the many “Russiagate” proponents – along with Matt Taibbi, Glenn Greenwald, Paul Sperry, John Solomon, Barry Maier – of whom Gerth speaks favorably at length (curiously, he doesn’t mention Chuck Ross, who unlike the others did important, substantive reporting on the dossier). I asked Pope whether Gerth had assessed some of the erroneous reports of these “Russiagate” figures, and mentioned this misrepresentation of Friedrich’s order specifically.

Do you believe Aaron Maté’s treatment of the Concord prosecution is accurate (including his misrepresentation of an order Dabney Friedrich issued, which this piece appears to rely on)? [my emphasis]

Pope refused to address the erroneous reporting of “Russiagate” proponents that Gerth was citing approvingly. “[Y]ou ask us to comment on or defend the actions of other people and institutions, including Trump, the FBI, Erik Wemple, the Department of Justice, Glenn Greenwald, and others. Those questions should be addressed to them, not us.”

No. Since CJR adopted Maté’s errors as their own, the question was rightly addressed to Pope. 

Pope’s silence about questions specifically raised about Maté, his refusal to own up to the errors Gerth borrowed from him, are particularly telling: In Duncan Campbell’s recent description of how CJR spiked a story on the Nation magazine’s credulous Russian reporting, Campbell revealed that the last edits Pope made before sending it to an interminable fact check pertained to Maté.

Pope then wanted the 6,000-word and fully edited report cut by 1,000 words, mainly to remove material about the errors in The Nation article. Among sections cut down were passages showing how, from 2014 onwards, vanden Heuvel had hired a series of pro-Russian correspondents after they had praised her husband. Among the new intake was a Russian and Syrian Government supporting broadcaster, Aaron Maté, taken on in 2017 after he had platformed Cohen on his show The Real News.

Maté became the magazine’s prolific ‘Russiagate’ correspondent. Vanden Heuvel was later to tell Maté in a broadcast in October 2020 that “Steve always valued your work… your writing for The Nation was always important to him as it is to me… I think what you do at RealClearInvestigations is factual, is bullet–, and I was reading them to Steve in the last weeks, trying to rile him up.” Maté responded: “I’m forever indebted to you and Steve.”

That is, CJR has covered for Maté in the past, and here they refuse to hold themselves accountable for adopting his errors.

The Columbia Journalism Review blew off one or another clear error – errors that came from people like Sidney Powell! – by claiming the actual facts were mere “editorial notes.”

And along the way, Gerth declared that details about plans for a meeting with Putin’s office in September 2016, foldered emails about carving up Ukraine, coordination with Mar-a-Lago on Flynn’s calls about sanctions with Sergey Kislyak, $400K in suspicious payments from a Russian oligarch, and proof that Stone was lying about contact with WikiLeaks amounted to “no there there.” 

CJR claimed that it “has been examining the American media’s coverage of Trump and Russia in granular detail.” This review has shown how ridiculous that claim is. What it did, in the name of scolding other journalists while misrepresenting their work, was create the “Russiagate” narrative they defined the entire project by. They did so by skipping key events of 2016, ignoring the vast majority of the NYT and WaPo reporting they claimed to review, substituting the dossier for actual media coverage, and passing off a Russian intelligence product with no notice. To prove they found the “Russiagate” narrative they had dishonestly created, they simply parroted  the work of people from their same “Russiagate” bubble, all the while ignoring vast swaths of contradictory evidence in the documentary record. 

CJR invented a Russiagate narrative via omission and factual error. Then they boasted that they had found what their own journalistic failures created.

Update: A stats prof from Columbia caught Gerth making errors — or more likely, adopting others’ errors — in his key statistical claim about declining trust for media.

Links

CJR’s Error at Word 18

The Blind Spots of CJR’s “Russiagate” [sic] Narrative

Jeff Gerth’s Undisclosed Dissemination of Russian Intelligence Product

Jeff Gerth Declares No There, Where He Never Checked

“Wink:” Where Jeff Gerth’s “No There, There” in the Russian Investigation Went

My own disclosure statement

An attempted reconstruction of the articles Gerth includes in his inquiry

A list of the questions I sent to CJR

Update: Date of Papadopoulos’ claimed inability to read his own notes corrected.

On emptywheel’s Continued Obsession with Oligarch Real Estate Seizures

DOJ rolled out another sanctions-related action targeting those who allegedly managed sanctioned Russian oligarchs’ real estate the other day. It charged Vladimir Voronchenko with making payments to maintain four properties, amounting to $75 million in value, owned by Viktor Vekselsberg. The properties include a big home in Southhampton, a condo on Park Avenue, a Penthouse on Miami’s Fisher Island, and a smaller apartment just around the corner from the Penthouse.

The story told in the indictment is simple. Between 2008 and 2017, Vekselberg purchased the properties via some shell companies. Voronchenko managed the properties through an IOLTA account funded by Vekselberg.  Then, after Vekselberg was first sanctioned in April 2018, Voronchenko started making the payments into the IOLTA fund himself. Both those payments, and attempts to sell the Southampton House in 2020 and the Park Avenue condo in 2021, required an OFAC license, the indictment alleges.

Two days after DOJ subpoenaed Voronchenko on May 13, 2022, he fled, first to Dubai and, from there, to Russia.

I’m interested in how and whom the indictment charges, as compared to two earlier actions against Russian oligarchs. The indictment against Oleg Deripaska, his girlfriend, and two women who managed his US-based properties charges only conspiracy to violate IEEPA (plus some obstruction-related charges). The EDNY indictment against Andrii Derkach charges conspiracy to violate IEEPA and conspiracy to commit money laundering, as well as bank fraud and some other financial crimes. Both of those were charged last September (though Derkach’s indictment wasn’t unsealed until they took action to secure the LA properties they’re attempting to seize).

Like those earlier indictments, this one also charges a conspiracy to violate IEEPA. Like the Derkach indictment, it also charges conspiracy to commit money laundering. But it also charges Voronchenko with those crimes individually, violation of IEEPA and money laundering, along with contempt for fleeing after receiving the subpoena.

I’m interested in the timing — the charges against Deripaska (which was actually a superseding indictment) and Derkach were September. For some reason, DOJ waited to charge this one (perhaps they were waiting to see if Voronchenko would return to the scene of his alleged crime).

More curiously, they charge Vorochenko alone.

Admittedly, that’s how DOJ initially charged Derkach, too. They superseded the indictment in January to include his spouse, Oksana Terkhova.

Which is why I’m interested in some other people described in his indictment.

Obviously, there’s Vekselberg himself, who unlike Deripaska and Derkach, was not charged for dodging sanctions to sustain his properties.

There are three Voronchenko family members, each treated a bit differently. Family member-1 applied, with Voronchenko, for membership in the club at Fisher Island.

Family member-2 lived in Russia, where he or she was helping to transfer funds for the upkeep of the properties.

A third family member, Family member-3, was involved in efforts to sell the Park Avenue property starting in December 2021.

A different Vorochenko relative in Russia, described as Individual-2, controlled a bank account in Russia from which the IOLTA was funded after Vekselberg was sanctioned. As described, Individual-2 seems to have more legal liability than Vorochenko’s other family members (because he or she would have been involved in any alleged money laundering).

The fact that Individual-2, who would seem to be implicated in money laundering, is described differently than the other family members is of interest because there is an Individual-1. As described, that person is only in the indictment to substantiate that Voronchenko was aware of the sanctions against Vekselberg.

[O]n or about May 9, 2018, approximately one month after Vekselberg’s designation, VORONCHENKO sent a WhatsApp message to an associate (“Individual-1”) with a link to the website of a law firm in Washington, D.C. that specialized only in OFAC sanctions. On or about December 8, 2018, VORONCHENKO sent a WhatsApp message to Individual-1 containing a link to an article that discussed Vekselberg’s designation as an SDN.

It’s not criminal at all for Individual-1 to receive texts about sanctions against Vekselberg. This person may only be in the indictment, described as such, for that substantiation of Voronchenko’s knowledge of the sanctions.

But I’m interested in that second WhatsApp text.

The day before Voronchenko sent the text, Bloomberg published a long story about Vekselberg. It’s not exclusively about sanctions.

Rather, it’s the story about how Vekselberg’s effort to cultivate Michael Cohen — his payment of vast sums starting in 2017 to, basically, do nothing — ultimately led to his questioning by Mueller and then, a month later, his sanctioning.

Not long after Michael Cohen stopped pursuing a Trump-branded property project in Moscow, another Russian connection to the future U.S. president’s entourage started to form.

Like the real estate plan, it didn’t end well—particularly for Russian tycoon Viktor Vekselberg. His effort to engage in statecraft at the highest level unraveled spectacularly, costing him billions, cleaving his family and severing the extensive ties to the U.S. elite that turned him into what one Moscow newspaper called the “most American” of Vladimir Putin’s plutocrats.

This saga, much of it previously unreported, began with a chance encounter between Cohen, Trump’s now-disgraced former lawyer, and Vekselberg’s American cousin, Andrew Intrater, in the fall of 2016. Soon, Trump would be in the White House and Vekselberg would be privately boasting of having the pull needed to help achieve the sanctions relief the Kremlin was craving, people familiar with the matter said. Instead, he became the richest victim of the most dangerous standoff between the U.S. and Russia since the Cold War.

[snip]

Through much of 2017, as the nascent Trump administration navigated controversies of its own making, Vekselberg was giving Russian officials and fellow businessmen vague yet certain assurances about his influence in the White House, according to six people who interacted with him at the time. He’d attended Trump’s swearing-in ceremony in Washington as a guest of Intrater, who’d donated $250,000 to the inaugural committee, and come back with a newfound sense of clout, they said.

As the story describes, Mueller was quite interested in whether Intrater was serving as a front for donations from Vekselberg.

In March, during one of his last trips to the U.S., he was stopped and questioned by Mueller’s team at an airport in the New York area. They asked about his ties to Cohen, who faces sentencing on Dec. 12 for confessed crimes that include violating campaign-finance rules. Investigators also asked why he attended Trump’s inauguration and if Intrater’s $250,000 gift was actually his money.

[snip]

Mueller’s interest in Intrater, who’s been questioned twice, is telling. One area his team is known to be exploring is whether wealthy Russians funneled cash into Trump’s campaign or inauguration through U.S. citizens to bypass rules barring foreign donations. Federal Elections Commission data show Intrater had never made a political donation of more than $2,600 prior to Trump.

I was reviewing all this just the other day (I link the affidavit showing how the payments from Renova to Cohen led to the investigation against him in my last post on Jeff Gerth, which I’ll post later today or tomorrow). Remarkably, Mueller never did anything with the Vekselberg’s outreach to Cohen. Neither Vekselberg nor Andrew Intrater show up in the Mueller Report.

Of course, the question of whether Intrater is laundering donations for Vekselberg has become urgently important again. As the WaPo and NYT have both covered, Intrater claims he was duped by Santos to invest in the Ponzi scheme for which he was working.

A month after the Securities and Exchange Commission filed a lawsuit in 2021 accusing a Florida-based company of operating a Ponzi scheme, one of the firm’s account managers assured an anxious client that his money was safe.

The client, a wealthy investor named Andrew Intrater, had been lured by annual returns of 16 percent and had invested $625,000 in a fund offered by the company, Harbor City Capital — in part because he trusted and admired the account manager, an aspiring politician named George Santos.

Admiration aside, Mr. Intrater wanted to know about his investment and a promised letter of credit that secured it. Mr. Santos said that it was already on the way.

“All issued and sent over,” Mr. Santos assured him in a text message sent in May 2021.

The letter of credit did not exist, the S.E.C. would later tell a court. The $100 million that Mr. Santos told Mr. Intrater that he had personally raised for Harbor City did not exist either, the commission said. Nor, seemingly, did the close to $4 million that Mr. Santos claimed he and his family had invested in Harbor City.

Mr. Santos’s representations form the basis of a sworn declaration that Mr. Intrater gave the S.E.C. in May 2022, as part of its Harbor City investigation. Mr. Intrater’s interactions with the S.E.C. are the first indication the commission might be interested in Mr. Santos.

Mr. Intrater told the S.E.C. that the representations influenced his decision to invest in Mr. Santos’s business and political endeavors — an allegation that could leave Mr. Santos vulnerable to criminal charges.

Intrater’s claim to have been duped makes it all the more curious that he donated heavily to Santos, including after he was purportedly duped.

Santos received contributions in multiple installments from Intrater between 2020 and 2022. The financier made two donations to Santos’ joint fundraising committees in 2022; $12,200 to the Devolder Santos Nassau Victory Committee and $10,800 to the DeVolder Santos Victory Committee. These, along with additional donations from Intrater, were bucketed into Santos’ leadership PAC, Gads PAC, which received a total of $12,100 between 2021 and 2022, the Nassau County Republican Committee received $10,000 in 2022, and to Santos’ campaign directly, who received a total of $12,200 in four installments between 2020 and 2022.

So I’m sure DOJ has an acute, renewed interest in the propriety of Intrater’s political donations.

Vorochenko got indicted, in a conspiracy, all by himself.

But he was speaking to someone about matters covered by the conspiracy that quickly lead into far more suspicious matters.

Update: I’m down so many different rabbit holes I forgot to link the Vekselberg action charged last month against the guys maintaining Vekselberg’s yacht in Mallorca. It describes the front companies Vekselberg used for the yacht, which may be the same shown above in the graphic.

As I noted there, one interesting aspect of the charge was venue: DC instead of one of the places where foreigners would be flown into (like EDNY, for JFK, or EDVA, for any of the VA airports), which is how venue is often assigned. The venue is all the weirder now that we see this indictment charged in SDNY. The SDNY press release thanks the FBI, but doesn’t say whether this case was (like the yacht charges) investigated by MN FBI agents.

Update, February 23: SDNY is now moving to seize the properties.

Jeff Gerth’s Undisclosed Dissemination of Russian Intelligence Product

In his CJR series claiming the NYT and WaPo botched coverage of the Russian investigation, Jeff Gerth makes a great show of transparency, with the same disclosure statement appended to each installment of his 23,000-word series.

But the statements hide the most important details, given Gerth’s project (and his past history tilting at Hillary Clinton’s windmills and other real estate investments). For example, when he says he “helped ProPublica decide whether to collaborate with a book that was critical of the Clintons’ involvement with Russia; the arrangement didn’t happen,” he doesn’t explain whether that book was Clinton Cash, a piece of political oppo research written by Steve Bannon associate Peter Schweitzer that has a structurally similar position, in the 2016 election, as the Steele dossier does. When he says that he “approached [the NYT] on my own about the Clinton family foundation,” but “expressed disappointment to one of the Times reporters about the final result,” he’s engaged in press criticism about his own work, without disclosing which work that is (in his series he otherwise discusses this story about Clinton Cash and the Foundation). When he discloses that he wrote about Clinton at ProPublica, he does not explicitly describe a story he wrote using emails stolen by Guccifer 1.0, Marcel Lazar, putting him at the forefront of the relentless reporting on Hillary based on stolen documents.

There’s nothing, per se, wrong with writing about those things.

Where it becomes a problem, however, is in the way Gerth approaches his project, purportedly an attempt to decide why, after the 2016 election, trust in media nose-dived. Even beyond limiting his project to just the NYT and WaPo – or rather, claiming to; as I showed, he ignored great swaths of the most important work from both – Gerth simply assumes that the thing that damaged press credibility in 2016 was coverage of the Russian investigation, and not any of the other closely linked politicized investigations into one or another of the candidates, including the ones he played a role in. 

There have been at least six investigations, at least four criminal, of events tied to the 2016 election:

  • The investigation into Hillary Clinton’s server that arose partly out of the Benghazi investigation and partly as a result of a hack of Sidney Blumenthal
  • An investigation of the Clinton Foundation, predicated in part by oppo research from Steve Bannon associate Peter Schweitzer, an investigation which leaked in the weeks leading up to the election and which was staffed by an FBI team that included a pro-Trump agent running an informant targeting the Foundation
  • The investigation into two strands of Russia’s influence operation – a hack-and-leak and a social media campaign – which ultimately merged, in part, with Crossfire Hurricane, under Robert Mueller
  • The UNSUB investigation, named Crossfire Hurricane, that attempted to learn which Trump aide got a tip that Russia would intervene to help beat Hillary; this investigation became the Mueller investigation
  • A review by US Attorney John Huber of Uranium One allegations against Hillary
  • The Durham investigation that Bill Barr would initiate, with no evidence that a crime had been committed, into the initiation of the Crossfire Hurricane investigation

That should provide the opportunity to apply a consistent approach to covering the investigations, particularly for someone lecturing others about press standards. But it would require including the Clinton server and Clinton Foundation coverage – coverage including Gerth’s own – somewhere besides the disclosures section. It would require reviewing documentation showing the Trump team’s plotting to find Hillary’s deleted emails – including consideration of plans to reach out to hostile intelligence services to do so. 

And it would require reviewing Trump’s efforts to optimize the release of the files stolen by Russian hackers, something that Mark Meadows, in describing allegations that the Trump campaign might be “benefitting from Hillary Clinton emails,” said would be “collusion.” George Papadopoulos himself told Stefan Halper that “reaching out to wiki leaks or whoever it is … to tell them please work with us, collaborate,” as Stone undeniably attempted, would be “a form of treason.” Yet Gerth doesn’t consider whether the media’s relentless focus on the emails stolen from the Democrats, and not the investigation into that theft, drove at least part of the ensuing distrust in the media.

Along with avoiding those issues, Gerth ignores many of the materials released as part of the Mueller investigation (and most of the materials released in two Congressional investigations), and instead draws on materials released in the investigation into the Russian investigation, whether by Congress or as part of Durham’s two failed prosecutions. That is his fact-set: not the underlying “collusion” (adopting Meadows’ measure), not the investigation itself, but the effort to weaponize the investigation.

That’s how Gerth comes up with this statement of the scope of what he includes in “Russiagate.”

By 2016, as Trump’s political viability grew and he voiced admiration for Russia’s “strong leader,” Clinton and her campaign would secretly sponsor and publicly promote an unsubstantiated conspiracy theory that there was a secret alliance between Trump and Russia. The media would eventually play a role in all that, but at the outset, reporters viewed Trump and his candidacy as a sideshow.

When he first raises it, Gerth doesn’t date the timing of this claimed effort.

That’s important because Gerth obscures the public reporting on Trump’s ties to Russia, barely addresses the reliable open source research Fusion was doing on the topic (which was the part of the project taken over after Paul Singer stopped paying), and completely leaves out Trump efforts that were underway already by then.

For example, Gerth made much of a June 17, 2016 WaPo story, on which Tom Hamburger had the lead byline, which described Trump’s business pursuits in Russia, including his ties with Aras Agalarov. It was a remarkable story, particularly when you consider WaPo focused on Trump’s ties with Agalarov just 8 days after Agalarov arranged the June 9 meeting, promising “high level and sensitive information … that is part of Russia and its government’s support for Mr. Trump.” Gerth raises no questions about the accuracy of the report – indeed, much of it has since been confirmed by the Russia investigation. Rather, he notes that Hamburger, “was a former Wall Street Journal reporter who had worked with [Glenn] Simpson; the two were friends, according to Simpson’s book,” as if any association with Fusion would taint otherwise solid reporting.

But WaPo’s story came out before the first of Steele’s dossier reports, and Gerth himself distinguished between the “records on Trump’s business dealings and associates, some with Russia ties,” that Fusion collected via open source and the dossier (Gerth falsely suggests that Fusion stopped its open source research after the Democrats started paying). If Hamburger had an assist from Fusion, he would have been relying on their accurate work.

Gerth also doesn’t mention, at all, that WaPo reported on Carter Page’s comments in Moscow on July 7, 12 days before the first dossier report on Page’s trip. 

Gerth focuses closely on Josh Rogin’s critique of the treatment of the RNC platform regarding Ukraine, but presents no evidence that Hillary seeded the critique or that Hillary’s campaign manager, Robby Mook, should have doubted it before he focused attention on it (the best pre-Mueller Report debunking of Rogin’s claims about the platform came from Byron York, but not until November 2017). Much of this early reporting was organic, and even assuming the Hamburger story relied on Fusion research and that research was conducted after the Democrats started paying, it would be little different from the Schweitzer efforts about which Gerth is almost silent.

Meanwhile, the Trump campaign was already pursuing emails – both the 30,000 emails from Hillary’s server she had deleted, and whatever emails became available from the Russian hack of Democratic targets. For example, GOP Senate staffer Barbara Ledeen BCCed Mike Flynn on a pitch to journalist Catherine Herridge on May 24 promising stories about Hillary emails found on the dark web. Ledeen sent Flynn more information on June 16, which he called, “amazing!” Per Flynn’s testimony to the FBI, Ledeen’s pursuit, which continued up to the election, included travel by others overseas in search of emails purportedly hosted in Eastern Europe. 

Rick Gates testified that Roger Stone claimed to have knowledge, prior to Julian Assange’s public announcement on June 12, that WikiLeaks had Hillary’s 30,000 deleted emails. He claimed that in a call on June 15, Stone said he was in touch with Guccifer 2.0, the persona alleged to be set up by Russian intelligence officers. He explained that when Stone asked for contact information for Jared Kushner that same day, Stone intended to debrief Jared and another campaign aide about the DNC’s announcement they’d been hacked. Gates testified at Stone’s trial that the campaign thought the hack of the DNC would give the campaign “a leg up.” Even accounting for uncertainty about which efforts were an attempt to get the deleted Hillary emails and which were an attempt to optimize the hacked emails, Stone’s efforts easily meet the definition of “collusion” – seeking to benefit from the stolen emails – that Mark Meadows adopted in 2018.

And the drumbeat coverage of Hillary’s server was part of what set up the later WikiLeaks releases. That’s a press coverage issue – a matter that undoubtedly led to frustration among many with the press, but not one that Gerth, who wrote an early article in the unrelenting mass of coverage, chose to mention.

Gerth’s efforts to pitch the Russian investigation as uniquely corrupt get more problematic once he tries to date the purported Hillary “conspiracy theory” that Trump’s campaign – which had already accepted a meeting promising help from Russia – did have ties to Russia.

In coverage of the initial release of the stolen DNC emails, Gerth makes much of the fact that Fusion GPS founders Glenn Simpson and Peter Fritsch traveled to the 2016 DNC convention a few hours away in Philly, though he doesn’t describe a single thing they did there. 

At the end of July, the DNC held its nominating convention in Philadelphia. In attendance were legions of journalists, as well as Simpson and Fritsch. On the eve of the events, the hacked emails from the DNC were dumped, angering supporters of Bernie Sanders, who saw confirmation in the messages of their fears that the committee had favored Hillary.

The disclosures, while not helpful to Clinton, energized the promotion of the Russia narrative to the media by her aides and Fusion investigators. On July 24, Robby Mook, Hillary’s campaign manager, told CNN and ABC that Trump himself had “changed the platform” to become “more pro-Russian” and that the hack and dump “was done by the Russians for the purpose of helping Donald Trump,” according to unnamed “experts.”

Still, the campaign’s effort “did not succeed,” campaign spokeswoman Jennifer Palmieri would write in the Washington Post the next year. So, on July 26, the campaign allegedly upped the ante. Behind the scenes, Clinton was said to have approved a “proposal from one of her foreign-policy advisers to vilify Donald Trump by stirring up a scandal claiming interference by Russian security services,” according to notes, declassified in 2020, of a briefing CIA director John Brennan gave President Obama a few days later. [my emphasis]

But, just as John Durham did, Gerth treats the release of emails on the most important day of Hillary’s campaign – stolen by Russia – as merely “not helpful,” rather than an unprecedented attack on the country and democracy and a presidential candidate. (Gerth, based primarily on the public uncertainty about how WikiLeaks got the emails, claims elsewhere the attribution of the hack to Russia, “is far from definitive,” an opinion which CJR presents while ignoring virtually all of the evidence, not to mention a 2016 NYT Pulitzer-winning story presenting what the hack looked like to the Democrats). And rather than focusing on Hillary as the victim of a hack-and-leak — something reflected in documents released in the Michael Sussmann trial that Gerth elsewhere relies on but ignores here — Gerth instead describes being targeted by a hack-and-leak operation as an opportunity to “promot[e] the Russia narrative to the media by her aides and Fusion investigators.” 

Even at this level, Gerth’s description is astounding. He cites Jennifer Palmieri, writing in 2017, claiming she later confirmed this was all just about “promoting the Russia narrative.” But Palmieri’s “did not succeed” comment was not just or even primarily about Trump’s encouragement of the operation, it was about accountability for Russia, a topic the importance of which would have been reinforced had Gerth reviewed more of the 2016 NYT stories that won a Pulitzer prize. Indeed, Palmieri described how, “the sheer spectacle of Trump” distracted from Russia’s influence operation, a worthy topic for a 23,000-word narrative trying to understand the press coverage of 2016, and one that might better explain Trump’s always-contradictory claims in press conferences than Gerth’s far less convincing explanations.

Gerth’s misrepresentation about Palmieri’s 2017 piece is all the more important given how his sloppiness soon turns to malpractice. The Brennan briefing he cites (bolded above), one of Gerth’s primary pieces of proof that Hillary promoted a secret “conspiracy theory” and one that falls far short of his claim that she was claiming “a secret alliance between Trump and Russia,” comes from a document released by John Ratcliffe in September 2020, as part of Trump’s effort (with Bill Barr) to weaponize the Russian investigation before the election. 

When that document was released, I noted that its distribution represented the same unmasking of identities in intelligence reports that had provoked Republican complaints for three years –  something that itself probably merited more press coverage. Gerth, however, uses it to suggest that any attempt by Hillary to impose a cost on Trump for exploiting Russian interference –  something the Mueller Report concluded he did – was itself scandalous. “[T]he Russian government perceived it would benefit from a Trump presidency and worked to secure that outcome, and that the Campaign expected it would benefit electorally from information stolen and released through Russian efforts,” the Mueller Report concluded in the same sentence that stopped short of alleging a conspiracy.

There’s no scandal there. Trump did exploit Hillary’s woes, and had already been doing so, for more than a month, by the time of Brennan’s briefing. It was, per documents released as part of the Mueller investigation and the SSCI Report, a key campaign focus. To suggest Hillary’s efforts to exploit Trump’s goading of the Russians was more sinister than it was, Gerth misstates what the briefing said. “[V]ilify[ing] Donald Trump by stirring up a scandal claiming interference by Russian security services” becomes, in Gerth’s earlier translation of it, “promot[ing] an unsubstantiated conspiracy theory that there was a secret alliance between Trump and Russia.” Brennan’s briefing didn’t say Hillary was planning to claim there was an alliance between Trump and Russia.

Worse still, Gerth hides a critical detail about that document. When Ratcliffe shared it with Lindsey Graham in 2020, Trump’s Director of National Intelligence did so with a warning: The document was a Russian intelligence report, and even four years later, the Intelligence Community still didn’t know how reliable it was.

The IC does not know the accuracy of this allegation or the extent to which the Russian intelligence analysis may reflect exaggeration or fabrication.

Gerth makes no mention of the warning. None. He simply parrots a Russian intelligence product of uncertain reliability without notice that it is one. 

During Ratcliffe’s confirmation to become Trump’s top spook, the press laid out how Ratcliffe misrepresented his background to get elected. Yet Gerth, in the middle of a 23,000 word screed lecturing other journalists they need to be more transparent, fails to match even Ratcliffe’s standard for disclosure. He doesn’t reveal that one of his only pieces of evidence to support his thesis is a Russian intelligence product that the IC would not verify. 

I asked CJR editor Kyle Pope twice whether the outlet should have disclosed this, first in my general list of questions, then in a specific follow-up.

Finally, you did not answer this question.

Do you believe your treatment of the John Brennan briefing should have revealed the briefing was based on a Russian intelligence document? Do you believe you should have noted the John Ratcliffe warning that, “The IC does not know the accuracy of this allegation or the extent to which the Russian intelligence analysis may reflect exaggeration or fabrication”? Is there a reason you’re certain the date was July 26 when it’s not clear whether it says 26 or 28?

Is it your view that CJR owes its readers neither notice that it is relying on a Russian intelligence report for its interpretations about Hillary Clinton’s motives nor reveal that the IC would not vouch for the accuracy of that report?

I got no answer.

Compare that with Gerth’s incomplete treatment of Trump’s actions at the time. In the passage immediately following one where he misrepresents Palmieri’s column and then relies on a Russian intelligence product to describe Hillary’s intent, he accuses the press of misrepresenting Trump’s intent in their coverage of the statement, “Russia if you’re listening.”

Trump, unaware of any plan to tie him to the Kremlin, pumped life into the sputtering Russia narrative. Asked about the DNC hacks by reporters at his Trump National Doral Miami golf resort on July 27, he said, “Russia, if you’re listening, I hope you’re able to find the thirty thousand emails that are missing.” The quip was picked up everywhere. Clinton national-security aide Jake Sullivan quickly seized on the remarks, calling them “a national-security issue.” The comment became a major exhibit over the next several years for those who believed Trump had an untoward relationship with Russia. Clinton’s own Russia baggage, meantime, began to fade into the background.

Hope Hicks, Trump’s press aide, later testified to Congress that she told Trump some in the media were taking his statement “quite literally” but that she believed it was “a joke.”

I asked Trump what he meant. “If you look at the whole tape,” he said in an interview, “it is obvious that it was being said sarcastically,” a point he made at the time.

I reviewed the tape. After several minutes of repeated questions about Russia, Trump’s facial demeanor evolved, to what seemed like his TV entertainer mode; that’s when, in response to a final Russia question, he said the widely quoted words. Then, appearing to be playful, he said the leakers “would probably be rewarded mightily by the press” if they found Clinton’s long-lost emails, because they contained “some beauties.” Trump, after talking with Hicks that day in Florida, sought to control the damage by tweeting that whoever had Clinton’s deleted emails “should share them with the FBI.”

Before I get into Gerth’s backflips to diminish damning aspects of Trump’s press conference, let me address his claim that, “Clinton’s own Russia baggage, meantime, began to fade into the background.” First, though this is his second reference to what he claims is real Russian baggage on Hillary’s part, Gerth never subjects the claim of baggage to his own standard, which is that, short of a charged criminal conspiracy, such allegations are merely a “conspiracy theory.” He never mentions that these allegations were part of the Clinton Foundation investigation (itself significantly predicated on the Clinton Cash narrative and according to the DOJ IG Report, investigated by a pro-Trump FBI agent), a subsequent review done by a Trump US Attorney, and even reviewed by the Durham investigation. Three different DOJ investigations made nothing of these allegations, yet Gerth treats them as more worthy of press coverage than the Russian ties that Trump’s aides lied to the FBI to cover up.

Worse still, Gerth’s claim is factually wrong. In precisely this period, the NYPost rolled out another Peter Schweitzer product, again crafted in close coordination with soon-to-be Trump campaign manager Steve Bannon, alleging improprieties  pertaining to Russia, this time focused on John Podesta. The narrative had been in the works since March, even before the Russian hack of Hillary’s campaign manager. A 2017 Berkman Center report on the press and propaganda in the 2016 election showed that coverage of the topic spiked through much of August.

As it laid out, the later spike in attention – the one Gerth says doesn’t exist – milked the earlier coverage by the NYT for credibility, coverage that Gerth might or might not have had a hand in.

As the Trump campaign sought to resurface the Clinton Foundation allegations, that early 2015 New York Times story became the second most shared story about the Clinton Foundation on Facebook in August 2016.

Gerth’s omission of this spike in attention is not just a factual error, it’s a fatal error for someone claiming to write about the Russian investigation. That’s because the packaging of these allegations was a central part of Mueller’s investigation into Stone’s alleged request that Jerome Corsi help him craft a cover story in the days after he predicted it would soon be John Podesta’s time in a barrel, in a period when Stone was pitching both Manafort and then Bannon on a way to win dirty.

And to the extent Stone was trying to cover something up, it would have been efforts to optimize the WikiLeaks releases, efforts that preceded the date of the Brennan briefing. The date of the briefing is uncertain (Gerth agrees with Ratcliffe’s reading that it took place on July 26, not July 28, though Brennan’s handwriting and a redaction obscure that), but one way or another, the briefing took place after Manafort ordered Rick Gates to ask Roger Stone to pursue more emails (though Gerth doesn’t mention that) and after Stone instructed Corsi to check with Julian Assange about them (something else Gerth doesn’t mention). It comes days before Stone sent Trump pro-Russian tweets that, he claimed, Trump had requested (they had spoken for ten minutes the night he sent them). It comes in the same time period, according to a Paul Manafort interview with the FBI, when, “Stone told Manafort that there would be a WikiLeaks drop of emails with Podesta, and that Podesta would be ‘in the barrel’ and Manafort would be vindicated.” It’s not me or Hillary Clinton saying that, or – worse! – the NYT. It’s Stone’s life-long friend and Trump’s campaign manager, Paul Manafort.

Based on his review of Trump’s facial expression, Gerth seems to credit Hope Hicks and Trump’s suggestion that his comment, inviting Russia to go get more Hillary emails, was just a joke. (Gerth doesn’t mention that Russian hackers swarmed a new Hillary target hours later.) But that should not matter! Even if that’s all this was, a presidential candidate, making light of the fact that his opponent was the victim of a serious crime, no matter the culprit, that should be taboo in political campaigns.

And even though Gerth insists, here and in his coverage of Trump’s Lester Holt and Helsinki comments, that Trump’s damning seemingly pro-Russian comments would look less damning if journalists simply consulted the full context, he doesn’t do that himself. 

He doesn’t mention that in the same presser Trump made two more damning comments, which would also be a key focus of the Russian investigation. “We’ll be looking” at recognizing Russia’s annexation of Crimea, said Trump. And he claimed he had already “decided not to do” any of the real estate deals he had considered in Russia (a claim belied by Michael Cohen’s later cooperation and therefore Trump’s most damning lie to Mueller). 

Both of these comments were important details in continuing suspicion about Trump. Indeed, Trump’s false claim about real estate deals is critical in understanding why the Michael Cohen allegations in the dossier might be deliberate disinformation, designed to exploit the fact that Russia knew Trump had lied to cover up an election-year contact that Cohen had with the Kremlin. And Trump’s disavowal of ongoing business pursuits was one of the reasons, records from the Michael Sussmann case made clear, that researchers who discovered an anomaly tying a Trump marketing server to Russia’s Alfa Bank latched onto the anomaly. These statements in Trump’s presser were central to what came next, regardless of what facial expression Trump adopted when saying them. But Gerth simply doesn’t mention them, choosing instead to blame much of what followed on a deliberate campaign by Hillary and her aides.

That’s how Gerth crafts his narrative about a Hillary conspiracy theory: ignoring several damning statements – one provably false – that Trump made as well as the efforts Trump’s rat-fucker took to pursue stolen emails that preceded the Brennan briefing. He then rewrites a Russian intelligence product to claim Hillary was affirmatively manufacturing an alliance, when all the Russians said is that she was trying to gin up a scandal about clearly scandalous behavior. And he does so – in a piece lecturing other journalists that they need to be more transparent – without describing either that he’s parroting a Russian line or that the IC won’t vouch for the reliability of the Russian line he’s parroting.

Links

CJR’s Error at Word 18

The Blind Spots of CJR’s “Russiagate” [sic] Narrative

Jeff Gerth’s Undisclosed Dissemination of Russian Intelligence Product

Jeff Gerth Declares No There, Where He Never Checked

“Wink:” Where Jeff Gerth’s “No There, There” in the Russian Investigation Went

My own disclosure statement

An attempted reconstruction of the articles Gerth includes in his inquiry

A list of the questions I sent to CJR

The Blind Spots of CJR’s “Russiagate” [sic] Narrative

Jeff Gerth began his series on the press’ Russia investigation failures by noting that trust in the traditional media collapsed after the 2016 election (a claim based on a statistical error), with a sharp rise in concern about “fake news” and, according to Rasmussen, half of those surveyed thinking the press was the enemy of the people.

Before the 2016 election, most Americans trusted the traditional media and the trend was positive, according to the Edelman Trust Barometer. The phrase “fake news” was limited to a few reporters and a newly organized social media watchdog. The idea that the media were “enemies of the American people” was voiced only once, just before the election on an obscure podcast, and not by Trump, according to a Nexis search.

Today, the US media has the lowest credibility—26 percent—among forty-six nations, according to a 2022 study by the Reuters Institute for the Study of Journalism. In 2021, 83 percent of Americans saw “fake news” as a “problem,” and 56 percent—mostly Republicans and independents—agreed that the media were “truly the enemy of the American people,” according to Rasmussen Reports.

Gerth believes part of the problem stems from an erosion of journalistic norms, which he listed at length in an afterward, starting with the press’ unwillingness to report facts that run counter to the prevailing narrative.

My main conclusion is that journalism’s primary missions, informing the public and holding powerful interests accountable, have been undermined by the erosion of journalistic norms and the media’s own lack of transparency about its work. This combination adds to people’s distrust about the media and exacerbates frayed political and social differences.

One traditional journalistic standard that wasn’t always followed in the Trump-Russia coverage is the need to report facts that run counter to the prevailing narrative.

And in spite of his citation of WaPo’s tracking of the vast number of lies Donald Trump told during his term early in the series, Gerth put great stock in what Donald Trump told him in two interviews, adopting Trump’s attribution of the coverage of Russia for the reality TV star’s decision to start labeling the media, “fake news.”

He made clear that in the early weeks of 2017, after initially hoping to “get along” with the press, he found himself inundated by a wave of Russia-related stories. He then realized that surviving, if not combating, the media was an integral part of his job.

“I realized early on I had two jobs,” he said. “The first was to run the country, and the second was survival. I had to survive: the stories were unbelievably fake.”

This is a critical point: Gerth appears to believe Trump that called the media “fake news” not as part of an effort to manipulate the media or to damage one of the institutions of accountability that might check his power, but instead as part of a good faith response to coverage of him.

From that premise, CJR decided the way to understand the collapse in trust of the media was to focus largely on NYT and WaPo’s performance in their coverage of Russia. 

CJR editor Kyle Pope told me,

What we wanted to do with this piece was focus entirely on the media coverage, without the usual notes about Trump’s failings. Specifically, we wanted to focus largely on the New York Times and the Washington Post, as important leaders of the coverage. This was not intended as a 360-degree roundup of everything written about Trump and Russia.

There are obviously enormous problems with the conception of this project, particularly with media polarization in the US that looks like this (a source Gerth relied on to assess the problem).

Others engaged in the “Russiagate” project correctly recognize the import of cable news in the equation (though most, like Glenn Greenwald, ignore the power of the self-contained bubble around Fox, which doesn’t even attempt to hold itself to standards of truth). In 23,000 words, for example, Gerth never considers whether Fox’s scandalous Seth Rich coverage fostered distrust of the media.

In his series, Gerth spent a great deal of time questioning claims about the impact of Russia’s social media operation in 2016 (which, like many “Russiagate” analysts, he treats as the only possible means by which Russia influenced the election). But he didn’t consider the impact of social media, generally, on this decline in trust, not even in the vast reaches of America where there is no more local news, where news consumers increasingly rely on information fed by algorithms that reward the most inflammatory information, from whatever source.

So even on its own terms, it’s a project designed to fail, because it ignores centrally important parts of the equation.

Worse still, Gerth didn’t even carry out what he claimed to set out to do.

That’s actually one of the reasons I’ve spent so much time dissecting his effort: because the ways in which he claimed to limit his scope, and his deviation from that scope, is itself very telling.

Gerth shows how little WaPo and NYT chased the dossier

Start with his focus on the Steele dossier. The dossier is mentioned or discussed in paragraphs making up over 5,000 words out of Gerth’s 23,000-word series. That’s consistent with the “Russiagate” project, which often treats the dossier as stand-in for the entire Russian investigation (or, here, the coverage of it).

Even regarding the Steele dossier, Gerth’s own summary of their coverage  makes it clear that the NYT and WaPo aren’t the villains of the dossier story. The villains in his account are Michael Isikoff, David Corn, CNN, BuzzFeed, McClatchy, and Jane Mayer.

Gerth struggled to implicate NYT and WaPo in his dossier complaint. He noted that NYT mentioned it, including FBI’s efforts to reach out to its sources, in a February 14, 2017 article he spends  almost 1,000 words attacking.

In the article’s discussion of the dossier, it described Steele as having “a credible track record” and noted the FBI had recently contacted “some” of Steele’s “sources.” Actually, the FBI had recently interviewed Steele’s “primary” source, a Russian working at a Washington think tank, who told them Steele’s reporting was “misstated or exaggerated” and the Russian’s own information was based on “rumor and speculation,” according to notes of the interview released later. The day the Times piece appeared in print, Strzok emailed colleagues and reported that Steele “may not be in a position to judge the reliability” of his network of sources, according to Justice Department documents released in 2020.

But as I note below, the dossier is in no way Gerth’s primary complaint with this article and others in a series of similar reports from NYT.

Gerth also included the dossier in a critique of NYT’s reporting on the Nunes Memo.

At the Times, the coverage of the GOP memo was skeptical while a dueling memo, a few weeks later from the ranking Democrat on the committee, was portrayed more favorably.

The Times, at the start of the piece about the Republican memo, called it “politically charged”; noted, in the next sentence, how it “outraged Democrats”; and did not quote the memo’s allegation of the dossier’s “essential” role in the surveillance. The same day, in a separate piece, the Times again called the GOP memo “politically charged” and quoted the “scathing” criticism by Democrats.

Later that month, the Democrats released their own memo. It said the surveillance warrant “made only narrow use of information from Steele’s sources.” The Times story called it a “forceful rebuttal” to Trump’s complaints about the FBI’s inquiry. In the end, the allegations of abuse by Nunes were confirmed in 2019 when the Inspector General released a report that was a “scathing critique” of the FBI, as the Times told readers at the time.

In a statement to CJR, the Times said: “We stand behind the publication of this story,” referring to its reporting on the Nunes memo.

In doing so, he overstates the extent to which the DOJ IG Report on Carter Page, “confirmed” Nunes’ claims. As I noted in a claim-by-claim assessment after the release of the report, both memos got things wrong and both got things right, and Democrats were right that the dossier was not part of the predication of the Russian investigation. Mostly, though, they were just talking past each other, a problem exacerbated by the secrecy behind which both sides could hide their arguments.

Gerth found a little more to work with in the WaPo.

He made much of the fact that one journalist on a long (and accurate) piece about Trump’s ties to Russia was friends with Glenn Simpson, one of the founders of Fusion GPS, via which the Democrats paid for the Steele dossier.

The lead author of the story, Tom Hamburger, was a former Wall Street Journal reporter who had worked with Simpson; the two were friends, according to Simpson’s book. By 2022, emails between the two from the summer of 2016 surfaced in court records, showing their frequent interactions on Trump-related matters. Hamburger, who recently retired from the Post, declined to comment. The Post also declined to comment on Hamburger’s ties to Fusion.

Here was a tie, Gerth insinuated, that proved journalism collapsed in the face of Hillary’s attempts to push oppo research.

But 1,500 words later in Gerth’s series, he showed that Hamburger pushed back on Fusion tips like the Carter Page one when he couldn’t substantiate them.

[S]ome reporters, aware of the dossier’s Page allegations, had pursued them, but no one had published the details. Hamburger, of the Washington Post, told Simpson the Page allegations were found to be “bullshit” and “impossible” by the paper’s Moscow correspondent, according to court records.

That’s important background to Gerth’s coverage of WaPo’s 2017 story on Sergei Millian

The Post landed a long story about Sergei Millian, a Belarusian-American businessman, on March 29. The top of the piece identified Millian as the source behind the dossier’s most serious allegation, a “well-developed conspiracy” between the Trump campaign and the Kremlin, the same ground covered by the Wall Street Journal and ABC in January. The claim that Millian was a key informant whose information was “central to the dossier” was stated without any attribution or sourcing. In 2021 the Post retracted the parts of the story describing Millian as a dossier source after John Durham, a special counsel looking into the origins of the Trump-Russia investigations, indicted Steele’s main source for lying to the FBI. Durham alleged the fact of Millian being a source had been “fabricated.” The Post editor’s note explained that Durham’s indictment “contradicted” information in the March story, and additional reporting in 2021 further “undermined” the account. The Post also deleted parts of a few other stories that repeated the allegation that Millian was a dossier source.

WaPo retracted much of the story after the Danchenko indictment, with this editor’s note:

The original version of this article published on March 29, 2017, said that Sergei Millian was a source for parts of a dossier of unverified allegations against Donald Trump. That account has been contradicted by allegations contained in a federal indictment filed in November 2021 and undermined by further reporting by The Washington Post. As a result, portions of the story and an accompanying video have been removed and the headline has been changed.

The original account was based on two people who spoke on the condition of anonymity to provide sensitive information. One of those people now says the new information “puts in grave doubt that Millian” was a source for parts of the dossier. The other declined to comment.

WaPo’s retraction (like the CNN “reckoning” which Gerth cites approvingly) were themselves problematic, because (as I noted about the CNN piece) they took John Durham’s false statements indictment against Steele’s primary subsource, Igor Danchenko, insinuating — but falling far short of charging — a conspiracy as a source of fact. Worse still, the indictment was obviously problematic. In it, Durham relied on Millian’s claims, made on social media but not to a grand jury, for a key part of his case. After Millian refused to testify at trial, Durham admitted he had little but hearsay to prove his case. 

And as Danchenko attorney Stuart Sears noted at trial, several of Millian’s communications, in which Millian boasted about his ties to Trump, were consistent with Danchenko’s claims about the call he attributed to Millian.

It’s entirely possible it wasn’t Sergei Millian, but even if it was, the caller only said there was coordination between the campaign and Russia and that there was nothing bad about it. Agent Helson told you that. That’s not anti-Trump, and we do know from the government’s own evidence that Millian was at least telling people he was going to meet with Trump campaign people the week before the phone call, the anonymous phone call. 

Gerth cheered retractions based off an indictment alone over three months after a jury acquitted Danchenko of lying about this call, which he told the FBI he believed, but was not certain, came from Millian. 

And Gerth, who complains about transparency, buried that fact: while Gerth emphasized the WaPo and CNN retractions in Part Two of his series, he didn’t get around to informing readers that Igor Danchenko had been acquitted until Part Four, over 9,000 words and two clicks later.

Gerth elsewhere noted that Mueller’s indictments against Yevgeniy Prigozhin and the GRU hackers haven’t been tried, yet when it served his narrative, he applauded these retractions based on an indictment alone.

Meanwhile, Gerth credited WaPo with breaking the news that the Democrats had funded the dossier, which is ample proof that the WaPo wasn’t shielding the project.

Amazingly, Gerth complained that the NYT didn’t retract anything in the wake of the Danchenko indictment, even though he found so little to complain about in the NYT coverage of the dossier and even though, as he describes, WaPo’s Erik Wemple (who might consider whether his own campaign for dossier accountability went too far, in light of the Danchenko acquittal) called out NYT’s Adam Goldman as one of those who approached the dossier responsibly. Gerth even noted that the NYT acknowledged the flimsiness of the dossier’s allegations in real time.

The Times has offered no such retraction, though the paper and other news organizations were quick to highlight the lack of firsthand evidence for many of the dossier’s substantive allegations;

It’s genuinely not clear what Gerth thinks the NYT should retract, a question I posed to Pope that he declined to answer.

And Gerth makes this complaint even though his series was published four days after NYT’s bombshell report of how corrupt the Durham investigation was. Somehow CJR didn’t find time to remove or amend Gerth’s complaints about NYT’s critical reporting on the Durham investigation, including his complaint that Goldman suggested a junket Barr and Durham took to Italy might be chasing a “conspiracy theory,” when the recent NYT report has revealed it was far worse. 

There are other grave problems with Gerth’s treatment of the dossier, all consistent with the ”Russiagate” project more generally. The DOJ IG Report Gerth relies on so heavily laid out abundant reason to suspect that Russia larded the dossier with disinformation, probably with the participation of Manafort associate Oleg Deripaska.

That’s important given the fragments of truth that appear in the dossier. As Durham briefly acknowledged at trial and as I noted in an interview hosted by CJR, the reason Danchenko’s ties to Clinton ally Chuck Dolan were so significant, and led Durham to charge Danchenko for making a “literally true” statement about Dolan to the FBI, was that Dolan established ties between Olga Galkina — the source of the most problematic claims in the dossier, alleging Michael Cohen spoke directly with the Kremlin about election interference — and Dmitri Peskov. The link raises the possibility that someone who knew about Michael Cohen’s January 2016 call to the Kremlin, to Peskov’s office, a call both Cohen and Trump lied to conceal, was behind the dossier allegation that falsely claimed Cohen had other contacts with the Kremlin. Peskov knew that Cohen and Trump were lying to hide that earlier contact, which made the later false allegation more powerful.

Other records show that Russia likely used Steele for a functional role in their operation. In spring 2016, Deripaska is believed to have been the client who hired Steele for intelligence collection targeting Paul Manafort. Then Deripaska used Steele as part of a brutal double game with Manafort. Essentially, Deripaska used the former British spy’s association with the FBI to increase Manafort’s legal vulnerability while he had Kilimnik exploit Manafort’s financial vulnerability, all of which made it easier to obtain inside information on the Trump campaign at the August 2 meeting. 

And, in a story about the dossier that Gerth doesn’t mention, Manafort came back from what we now know to be a meeting with a Deripaska associate and told Reince Priebus to focus on the dossier’s inaccuracies as pushback on the Russian investigation. That is, the focus on the dossier as a substitute for Trump’s real Russian ties seems to have become part of Russia’s plan, if it wasn’t from the start. If the dossier was deliberate disinformation — and the Republican members of Congress who investigated that document insist it was — then it must be considered part of Russia’s attack on US democracy –  in which Gerth and other “Russiagate” participants are enthusiastic participants.

Polarization and trust in the media lie at the center of Gerth’s project. Yet he failed to consider how the dossier, not the coverage of it, might be a key driving factor in polarization. That makes his project part of the problem.

Gerth’s selective coverage of NYT and WaPo’s Pulitzer-winning journalism

Even while Gerth failed to significantly implicate NYT and WaPo in what he portrays as the gravest journalistic crime in Russian coverage, hyping the Steele dossier, he also ignored key parts of their coverage.

For example, he didn’t acknowledge that WaPo reported on Carter Page’s inflammatory comments in Moscow weeks before Steele did. Much of the focus on Page subsequent to WaPo’s report was based on this public source, not the dossier. It’s one of many events that the press covered for its real news value that Gerth, in his own narrative, suggests could only have happened with Hillary’s intervention.

Gerth also ignored large swaths of NYT and WaPo’s award-winning journalism on Russia, although he covered Trump’s attack on that reporting in the third installment of his series. 

NYT won a Pulitzer in 2017 for ten Russia-related articles and NYT and WaPo shared a prize for a combined 20 stories on the Russian investigation in 2018. Trump has sued the Pulitzer Board for defamation relating to the 2018 award. In his coverage, Gerth suggests that Trump’s lawsuit against the Pulitzer Board  for those awards has merit.

Best as I’ve been able to reconstruct, this page lists the newspaper coverage mentioned in Gerth’s series (in numerous ways, CJR’s decision not to link the media Gerth claimed to discuss made it very difficult to assess his claims, and I made one error in my questions to CJR as a result). The page also lists, at the end, some key stories that Gerth did not address. Those with asterisks — both in the stuff he covered and the stuff he did not — were part of the Pulitzer packages for which NYT and WaPo won prizes.

Gerth included just one of the stories for which NYT won a Pulitzer in 2017, the Manafort secret ledger story (the same story,  as Fusion GPS revealed after Barry Meier attacked them in a book, for which Fusion provided research).

But he ignored the rest. 

That had the effect of hiding the general background on Russia’s international assault on its opponents that NYT, as an institution, would have brought into its coverage of Trump’s suspected ties to the Kremlin in 2017: stories about Russia hunting down its enemies in other countries, Russia’s use of disinformation, the elite hackers Russia was recruiting, and Russia’s cultivation of the far right.

Gerth also ignored two stories that were specifically on point to his project: A September 2016 story revealing how often Julian Assange’s Wikileaks releases served Russia’s political  interests (I raised some concerns about the piece here), and a December 2016 epic that described the Russian hack-and-leak from the DNC perspective (I pointed out the DNC’s changing story about being warned by the FBI here). The DNC story should be particularly important to Gerth’s project because it explicitly made the comparison with the Watergate burglary in 1972 that Gerth complains about in his series. It also provided a great deal of information, much publicly available, backing the hack-and-leak attribution to Russia – an attribution that Gerth claims remains “far from definitive.”

I asked Pope why the Assange and the DNC hack stories weren’t included in the series. He pointed to coverage of other NYT stories as proof CJR wasn’t ignoring the (2017, not 2018) Pulitzer stories.

Do you think it fair to ignore all the stories for which WaPo and NYT did get Pulitzers, including the 2017 ones on WikiLeaks and the DNC hack?

We didn’t ignore them. From the piece: “For the Times, Trump’s mess was a pot of gold: two of the Times stories about the meeting and the emails were part of its winning Pulitzer Prize package.

And … “But before that omission, the Times exposed another piece of the FBI’s Russia puzzle. The paper landed a major story at the end of the year, in time to be included in its Pulitzer package that ultimately shared the prize for national reporting.”

But there were a bunch of Pulitzer winners Gerth left out whose omission is still more problematic, particularly given his suggestion that the entirety of the press’ early 2017 focus on Russia in Trump’s administration stemmed from the publication of the dossier.

For example, Gerth barely mentions the coverage of Mike Flynn’s lies and resignation and its central role, starting even before the publication of the dossier, in press coverage in early 2017. He slips discussion of a key David Ignatius column, the first to report on Mike Flynn’s calls with Russian ambassador to the US, Sergei Kislyak, in between his references to the dossier.

The WSJ and the Times stories were not well received by Fusion. At first, they feared for Steele’s safety. Then they felt the Times’ behavior was “improper,” because it had “unilaterally” published material “it had learned off the record,” the founders wrote in their book.

Hours after the Times story ran, the Post upped the temperature on Russia even more. Columnist David Ignatius disclosed that incoming national security adviser Michael Flynn had phoned Russia’s US ambassador “several times” at the end of the year, according to “a senior US government official.” Ignatius noted the talks had come on the day the Obama administration had expelled Russian diplomats in retaliation for the country’s hacking activities, so he questioned whether Flynn had “violated” the spirit of an “unenforced” law barring US citizens from trying to resolve “disputes.”

Ignatius went on to write that it might be a “good thing” if Trump’s team was trying to de-escalate the situation. But Ignatius didn’t know the substance of the conversations. Hours before his story went online, Ignatius appeared on MSNBC and, while not disclosing his upcoming Flynn exclusive, said “it was hard to argue” against the need to “improve relations with Russia.”

The existence of Flynn’s talks with the ambassador was known by Adam Entous, a reporter then at the Post, but he held off writing anything because the mere fact of a contact wasn’t enough to justify a story. “It could have been something innocent,” Entous, now with the Times, said in an interview, “something he would be praised for.”

On the heels of the Ignatius column, the FBI’s “investigative tempo increased,” according to FBI records, and the Senate intelligence panel announced an inquiry into Russia’s election activities. (The House Intelligence Committee announced a similar effort later that month.)

Two days after the Senate announcement, Bob Woodward, appearing on Fox News, called the dossier a “garbage document” that “never should have” been part of an intelligence briefing.

But he doesn’t reveal why the FBI’s investigative tempo increased in the wake of Ignatius’ column. 

Stories that the WaPo published that he ignored did. A Pulitzer-winning WaPo report published the same day revealed that Flynn was denying he had discussed sanctions with the Russian Ambassador, the first of many compromising lies Trump’s associates told in the early days of his Administration. Flynn’s lies (as Mueller confirmed in his congressional testimony) created the risk that he could be blackmailed, which led the FBI and DOJ to respond more aggressively than they otherwise might have. Another Pulitzer-winning WaPo story explained all that on the day Flynn resigned. 

Later in the spring, a Pulitzer-winning NYT report revealed that Trump knew Flynn was under investigation for his secret relationship with Türkiye even before the president appointed him to be National Security Adviser. Gerth’s silence about all these stories is particularly damning, given that he later gets a key detail about Flynn’s prosecution wrong, which I’ll return to.

Other award-winning stories revealed still more Russian ties that Trump and his associates were trying to hide. A March story from WaPo — yet another Pulitzer winner — revealed that Jeff Sessions had failed to disclose some interactions with Sergey Kislyak, the same ambassador  with whom Flynn was undermining Obama foreign policy during the transition. An April Pulitzer-winning story from the NYT revealed that Jared Kushner had omitted transition period meetings with Russians — not just Kislyak, but also the head of a sanctioned bank — in his security clearance paperwork.

While Gerth may have mentioned a May article for which NYT won a Pulitzer, if he did, he did so only as part of his complaint that the NYT repeatedly referred to the line from Trump’s interview with Lester Holt in which he referred to “the Russian thing” in his explanation for firing Comey.

A tweet from the show on May 11 set the narrative for the Holt interview: “Trump on firing Comey: ‘I said, you know, this Russia thing with Trump and Russia is a made-up story.’” Those few words, by suggesting Comey’s firing was aimed at getting the FBI inquiry off his back, provided fresh ammunition to anti-Trumpers.

The full interview, which was available online, presented a more nuanced story, and appeared to reflect what his advisers told him: firing Comey could prolong, not end, the investigation. Trump told Holt, soon after the controversial words, that the firing “might even lengthen out the investigation” and he expected the FBI “to continue the investigation,” to do it “properly,” and “to get to the bottom.”

The media focused on the “Russia thing” quote; the New York Times did five stories over the next week citing the “Russia thing” remarks but leaving out the fuller context.

But Gerth’s account elided the entire reason Trump’s NBC quote was used in that particular NYT article: because Trump told Kislyak and Sergey Lavrov roughly the same thing, privately, on the same day.

President Trump told Russian officials in the Oval Office this month that firing the F.B.I. director, James B. Comey, had relieved “great pressure” on him, according to a document summarizing the meeting.

“I just fired the head of the F.B.I. He was crazy, a real nut job,” Mr. Trump said, according to the document, which was read to The New York Times by an American official. “I faced great pressure because of Russia. That’s taken off.”

Mr. Trump added, “I’m not under investigation.”

Gerth doesn’t address the real concerns presented by Trump privately bragging about firing the FBI director – in charge of counterintelligence – to his Russian visitors.

Indeed, given Gerth’s focus on Trump’s use of “fake news,” he might have at least mentioned the last lines of the NYT story:

At one point, Mr. Trump jokingly asked whether there were reporters in the room.

“No,” Mr. Lavrov said. “No fake media.”

Whether you think that Trump’s adoption of the term “fake news” was merited or not, the answer to Trump’s question, “Russia, if you’re listening,” was yes, they were.

Gerth also appears to have paid no attention to a Pulitzer-winner from WaPo written in the same time frame, revealing that Trump shared highly classified Israeli intelligence with his Russian visitors in the same meeting, another cause for concern that Gerth simply makes disappear. 

Those aren’t the only damning stories Gerth ignored. As Pope emphasized to me, Gerth credited NYT for two of three Pulitzer-winning stories on the June 9 meeting that Don Jr took with a Russian lawyer in hopes of acquiring dirt on Hillary– the July 10 one revealing that Don Jr took a meeting with Russians offering dirt, and the July 11 one revealing Don Jr’s enthusiastic response. But I don’t believe he credited the WaPo for their July 31 Pulitzer-winning story revealing that Trump drafted Don Jr’s misleading statement, claiming a meeting about dirt on Hillary and sanctions relief was about adoption.

The omission is really telling given Gerth’s take on a July 19 story from the NYT (which did not win a prize). In an interview with three NYT reporters, Trump successfully got the NYT to participate in his efforts to obstruct the investigation by airing his threats to fire Jeff Sessions (he had asked Corey Lewandowski to fire Jeff Sessions on the same day). In the interview, Trump also confirmed that he and Putin spoke about the topic of his misleading statement before drafting it, meaning adoptions. But Gerth deemed that interview important primarily because Mike Schmidt asked Trump about the dossier.

A week after the Trump Tower story, the president conducted a serendipitous interview with three Times reporters, including Schmidt, who asked if Comey’s sharing of the dossier with Trump before his inauguration was “leverage.” Trump replied, “Yeah, I think so, in retrospect.”

After the Oval Office sit-down, an aide, worried about the possibility of repercussions from an impromptu interview, sought Trump’s reaction.

“I loved that,” the aide, who requested anonymity, recalled him saying. “It was better than therapy. I’ve never done therapy, but this was better.”

This is a fairly astounding view on the relative newsworthiness of the interview — I’ve pointed out the importance, to Trump’s obstructive purpose, of NYT’s decision to bury the Putin tie rather than dedicate an entire story to it. It’s also a prime example of how the unrelenting focus on the dossier by “Russiagate” adherents diverts attention from far more damning events, both creating in that unrelenting focus the narrative they claim to combat, and in the process burying the real events that “Russiagate” adherents claim could only come as part of a manufactured narrative.

I asked CJR, “Why do you believe a comment on the dossier was more important than a scoop substantiating Trump’s problematic ties to Putin?” but it was another of the questions the magazine’s editor declined to answer.

There are more Pulitzer winners that Gerth left out, including a WaPo story describing both Trump’s refusal to take steps to protect American democracy from Russian interference…

Nearly a year into his presidency, Trump continues to reject the evidence that Russia waged an assault on a pillar of American democracy and supported his run for the White House.

The result is without obvious parallel in U.S. history, a situation in which the personal insecurities of the president — and his refusal to accept what even many in his administration regard as objective reality — have impaired the government’s response to a national security threat. The repercussions radiate across the government.

Rather than search for ways to deter Kremlin attacks or safeguard U.S. elections, Trump has waged his own campaign to discredit the case that Russia poses any threat and he has resisted or attempted to roll back efforts to hold Moscow to account.

… As well as Russia’s assessment of the “staggering return”  achieved by their interference operation.

U.S. officials said that a stream of intelligence from sources inside the Russian government indicates that Putin and his lieutenants regard the 2016 “active measures” campaign — as the Russians describe such covert propaganda operations — as a resounding, if incomplete, success.

Moscow has not achieved some its most narrow and immediate goals. The annexation of Crimea from Ukraine has not been recognized. Sanctions imposed for Russian intervention in Ukraine remain in place. Additional penalties have been mandated by Congress. And a wave of diplomatic retaliation has cost Russia access to additional diplomatic facilities, including its San Francisco consulate.

But overall, U.S. officials said, the Kremlin believes it got a staggering return on an operation that by some estimates cost less than $500,000 to execute and was organized around two main objectives — destabilizing U.S. democracy and preventing Hillary Clinton, who is despised by Putin, from reaching the White House.

The bottom line for Putin, said one U.S. official briefed on the stream of post-election intelligence, is that the operation was “more than worth the effort.”

But the stories from the first half of 2017 that Gerth left out are key. They not only reveal the real reason that the FBI investigation picked up in early 2017, they also show that a great deal of important journalism provided abundant reason to be concerned about all the secrets about Russia that Trump and his aides were keeping, independent of the dossier.

The contacts with Russian spies that were later confirmed

That focus – the ties with Russia that Trump, his National Security Adviser, his Attorney General, and his son-in-law failed to disclose – makes Gerth’s chief complaint about the NYT coverage look very different.

He appears especially peeved over a series of NYT stories in this same time period that described the sheer number of contacts that investigators were discovering with various Russians described by the paper as intelligence officers.

Gerth’s critique relies heavily on a Peter Strzok annotation of the February 14 story that Strzok shared with top FBI officials (parts of which, detailing how few call records the investigation had yet obtained, explain why early reports Gerth points to to make claims about the investigation, including one from James Clapper, are meaningless). It is absolutely true that Strzok found no basis for the NYT to claim that the Russians with whom Trump and his aides were in contact were Russian spies. 

Gerth also reviews how Comey disavowed such reports in his public testimony to Congress, with support from Devin Nunes.

That section of the series, covering all four stories, is over 2,500 words long.

As Gerth described it, when NYT has been challenged on these stories, they’ve stood by them. I share Gerth’s curiosity regarding NYT’s sources for the stories, but like Gerth himself, the NYT is not about to share their sources. 

It’s worth noting, though, that Gerth seems to believe that the US-based three letter agencies (or the Congressional personnel who’ve been briefed by those agencies) referenced in Strzok’s memo are the only possible sources for these stories. We know that at least five other intelligence services — the UK, the Dutch (from whom the US got a great deal of intelligence on the operation), the Spanish, the Ukrainians, and the Israelis — would have had their own views about which foreign interlocutors with Trump aides were spies. We know of a number of witnesses, not in government at all, who told Mueller they believed one or another interlocutor was a spy. We also know of a number of overt spies (such as Emirati ones) who had a role in the international effort to influence Trump. And we know of contacts – like that between Stone and Guccifer 2.0 – that were legitimately viewed as a spy contact when they started to become known around this time.

The clearest error in the NYT series pertains to the claim that an investigation into Stone had already been opened, but that’s an error SSCI seems to have shared, because on March 16,  Senator Richard Burr told Don McGahn the FBI was investigating Paul Manafort, Roger Stone, Carter Page, and “Greek Guy.”

In the years since, however, the US government has come to believe more of the people known to have been interacting directly with Trump’s aides were Russian spies.

Konstantin Kilimnik — who along with at least two other Deripaska allies have been described as Russian agents in official US documents — is a particularly important one, given Gerth’s complaints that the NYT didn’t call Kilimnik for comment when the record shows they did (including in the March 3 one).

Gerth’s claims about the evidence that Kilimnik was a spy were nothing short of fanciful, including a perennial “Russiagate” favorite — which he credits to John Solomon’s scoop, from a period when Solomon was part of Rudy Giuliani’s outreach to people like Dmitry Firtash – that Kilimnik had been a source for the State Department.

As for Kilimnik possibly being a Russian spy, the only known official inquiry, by Ukraine in 2016, didn’t result in charges. More recent claims that he worked for the Russians, by the Senate intelligence panel in 2020 and the Treasury Department in 2021, offered no evidence. Conversely, there are FBI and State Department documents showing Kilimnik was a “sensitive source” for the latter. (The documents were disclosed a few years ago by John Solomon, founder of the Just the News website. Kilimnik, in an email to me, confirmed his ties with State.)

One primary objective of most spies, of course, is to infiltrate the agencies of other governments.

I asked CJR why Gerth claimed SSCI had no evidence against Kilimnik when their section substantiating their assessment about Kilimnik includes 16 bullet points, over half redacted, and they also included a separate 5-page, largely redacted section showing more fragmentary evidence that Kilimnik had a role in the hack-and-leak. I also asked why Gerth thought the FBI, under Trump, would have issued a $250,000 reward for Kilimnik’s arrest.

Those questions also went unanswered.

So the NYT may well have been ahead of the FBI’s assessment in spring 2017 (and their report that Stone was already part of the investigation has been shown to be wrong). But those reports really aren’t ahead of what the US intelligence community says they have since corroborated. Moreover, many of the Pulitzer stories that Gerth doesn’t mention show that Trump and his associates were aggressively lying to hide their ties to Russians or their interlocutors, and criminally so, in the case of Flynn and George Papadopoulos (and, ultimately, Michael Cohen and Roger Stone, too). That background — the lies that Flynn and Sessions and Kushner were telling about their Russian ties — is important background to these stories Gerth hates, yet he makes no mention of them.

Gerth’s main remaining gripe about the WaPo is even more remarkable. He spent six paragraphs on the WaPo’s scoop reporting the FISA order targeting Carter Page.

In early April, the Post story on Page landed, calling the surveillance “the clearest evidence so far that the FBI had reason to believe during the 2016 presidential campaign that a Trump campaign adviser was in touch with Russian agents. Such contacts are now at the center of an investigation into whether the campaign coordinated with the Russian government to swing the election in Trump’s favor.” It noted Page’s “effusive praise” for Putin and mentioned Schiff’s congressional recitation of the Page allegations in the dossier. Relying on anonymous sources, it gave a vague update on the dossier’s credibility: “some of the information in the dossier had been verified by US intelligence agencies, and some of it hasn’t.”

At the Times, the newsroom was irked about getting beaten by the Post. “Times is angry with us about the WP scoop,” Strzok texted to an FBI colleague, a few days later.

But the Post scoop was incomplete. Its anonymous sources mirrored the FBI’s suspicions but left out the bureau’s missteps and exculpatory evidence, as subsequent investigations revealed. It turns out that the secret surveillance of Page was an effort to bring in heavier artillery to an FBI inquiry that, in the fall of 2016, wasn’t finding any nefarious links, as the Times reported back then. Agents were able to review “emails between Page and members of the Donald J. Trump for President Campaign concerning campaign related matters,” according to an inquiry in 2019 by the Justice Department Inspector General. FBI documents show the surveillance of Page targeted four facilities, two email, one cell, and one Skype.

Still, even with the added surveillance capability, the investigation had not turned up evidence for any possible charges by the date of the Post piece, which came four days after the secret surveillance, called FISA, for the Foreign Intelligence Surveillance Act, was renewed for the second time. (Page was never charged.)

The IG review also found that the FISA warrant process was deeply flawed. It relied heavily on the dossier, including the fabricated Millian allegation of a conspiracy, the IG found. Furthermore, the report said the warrants contained seventeen “significant errors and omissions,” such as leaving out exculpatory information about Page, including his previous work for the CIA and comments he made to an undercover FBI informant. And by the time of the Post piece, the dossier’s credibility was collapsing; the FBI knew the CIA called it “internet rumor,” and on its own the FBI “did not find corroboration for Steele’s election reporting,” according to the IG report.

The Post spokesperson, who would only speak on background, said the article on Page was “fair and accurate” and meant to reflect “how deeply the FBI’s suspicions were about Page.” They acknowledged the story was incomplete, noting that “at that time there was a lot that was not publicly known.” [my emphasis]

This passage commits several errors. The FBI targeted Page not because they were looking for heavier artillery. They did so because Page was about to travel internationally and they wanted coverage of that trip. (The FBI consistently described the FISA targeting of Page as “productive” or “fruitful.”) And Bill Barr’s DOJ didn’t withdraw the probable cause claim for Page’s first two FISA orders. The applications against him, which were based in part on his voluntary sharing of non-public information with known Russian intelligence officers, alleged he knowingly aided and abetted foreign spies.

Over time, there would be more than those four facilities, and in fact one main reason FBI submitted the especially problematic June 2017 application was because the FBI wanted to access financial information and two encrypted messaging apps, the latter out of suspicion that Page had destroyed a phone once he discovered he was under investigation.

The FBI also had concerns about Page’s initial denial in a March 16, 2017 interview that he had sought out some Russian official to identify himself as the Male-1 in court filings for one of the Russians trying to recruit him some years earlier.

There was evidence for possible charges; there was evidence when the FBI first opened an investigation into him in April 2016. Just not enough to charge him.

Errors aside, though, Gerth here adopts a fairly remarkable stance. He complains that the WaPo story confirming the FISA targeting did not include all the problems with the FISA applications that wouldn’t be discovered until much later. I spoke with a Congressional Republican who was privy to the applications targeting Page in summer 2018, for example, and even at that point, the person believed there was abundant other evidence against Page, even without any information from Steele. Crazier still, in April 2017 when the WaPo published that scoop, the worst abuse of all identified in the Page applications – the alteration of an email – hadn’t happened yet.

The WaPo would have needed a time machine to meet Gerth’s strictures.

Gerth’s claims that the NYT and WaPo’s reporting was particularly problematic are, with a few exceptions, extraordinarily weak, and that’s before you consider all the Pulitzer articles he simply ignored. But he also ignores some of the more problematic NYT stories, like the NYT decision to bury Trump’s discussion of adoptions with Putin immediately before he wrote a misleading note claiming the June 9 meeting addressed adoptions. Similarly, Gerth had no problem that the NYT not only parroted Bill Barr’s misleading March 24, 2019 letter about the Mueller Report, but ran entire blocks of his letter on the front page. I asked CJR if they had any problem with this article, which misrepresented court filings in the Manafort case to suggest that his sharing of polling data with Konstantin Kilimnik happened in the spring, not during the general election, and involved only Ukrainian oligarchs, not Deripaska; to this day, the article feeds misunderstanding about that allegation. 

That was another question to which I got no answer.

Gerth has plenty of complaints about the NYT — just not about the stories where they erred on the side of downplaying the discoveries of the Russian investigation.

But as I’ll show in my next post, Gerth’s poor framing of his complaints about the NYT coverage doesn’t end there.

Links

CJR’s Error at Word 18

The Blind Spots of CJR’s “Russiagate” [sic] Narrative

Jeff Gerth’s Undisclosed Dissemination of Russian Intelligence Product

Jeff Gerth Declares No There, Where He Never Checked

“Wink:” Where Jeff Gerth’s “No There, There” in the Russian Investigation Went

My own disclosure statement

An attempted reconstruction of the articles Gerth includes in his inquiry

A list of the questions I sent to CJR