With the Corey Lewandowski Interview, Devin Nunes Confirms He’s No More Than Trump’s Mole

In the wake of Michael Wolff’s publication of Steve Bannon’s insistence that Donald Trump met with the attendees at the June 9, 2016 Trump Tower meeting, we got word that Bannon — who claims never to have interviewed with Robert Mueller’s team — has hired the same lawyer representing Reince Priebus and Don McGahn for an interview this week with the House Intelligence Committee.

Two sources tell us Burck is helping Bannon prepare for an interview with the House intelligence committee, which is currently scheduled for next week. Sources also said Bannon plans to “fully cooperate” with investigators.

Burck also represents White House Counsel Don McGahn and former Chief of Staff Reince Priebus for the purposes of the Russia probe, as Law360 reported last September.

It is not unheard of for one attorney to represent more than one client on the same matter. But the fact that several key players with Trump administration ties have the same lawyer could irk investigators.

Then, yesterday, news broke that Corey Lewandowski will interview with HPSCI this week. He, too, claims he has never interviewed with Mueller’s team.

Former Trump campaign manager Corey Lewandowski says that he has yet to be contacted by Special Counsel Robert Mueller as part of the ongoing Russia investigation.

Lewandowski, who was interviewed by WABC’s Rita Cosby on Sunday, also confirmed reports that he will be interviewed on either Wednesday or Thursday by the House Intelligence Committee as part of its Russia probe.

“I have nothing to hide. I didn’t collude or cooperate or coordinate with any Russian, Russian agency, Russian government or anybody else, to try and impact this election,” Lewandowski says he plans to tell the House panel.

Daily Caller is right — it’s odd that Mueller hasn’t interviewed Lewandowski, given that he had these critically timed interactions with George Papadopoulos.

April 27: Papadopoulos to Corey Lewandowski

“to discuss Russia’s interest in hosting Mr. Trump. Have been receiving a lot of calls over the last month about Putin wanting to host him and the team when the time is right.”

April 27: Papadopoulos authored speech that he tells Timofeev is “the signal to meet”

[snip]

May 4, Papadopoulos to Lewandowski (forwarding Timofeev email):

“What do you think? Is this something we want to move forward with?”

May 14, Papadopoulos to Lewandowski:

“Russian govemment[] ha[s] also relayed to me that they are interested in hostingMr. Trump.”

[snip]

June 19: Papadopoulos to Lewandowski

“New message from Russia”: “The Russian ministry of foreign affairs messaged and said that if Mr. Trump is unable to make it to Russia, if campaign rep (me or someone else) can make it for meetings? I am willing to make the trip off the record if it’s in the interest of Mr. Trump and the campaign to meet specific people.”

The decision to call two key Trump people whom Mueller hasn’t met happens in the wake of events that haven’t gotten sufficient attention. On January 3, Rod Rosenstein and Christopher Wray met with Paul Ryan to request that he limit the documents Nunes had requested from FBI. Ryan backed Nunes, which led Rosenstein and Wray to agree to show a bunch of highly sensitive documents to HPSCI investigators, as well as agree to interviews with the FBI and DOJ people who had either touched the Steele dossier or been witnesses to Jim Comey’s claims that Trump demanded loyalty from him.

At Wednesday’s meeting — initiated at Rosenstein’s request — Rosenstein and Wray tried to gauge where they stood with the House speaker in light of the looming potential contempt of Congress showdown and Nunes’ outstanding subpoena demands, sources said. CNN is told the discussion did not involve details of the separate Russia investigation being led by special counsel Robert Mueller.

While Ryan had already been in contact with Rosenstein for months about the dispute over documents, Rosenstein and Wray wanted to make one last effort to persuade him to support their position. The documents in dispute were mostly FBI investigative documents that are considered law enforcement sensitive and are rarely released or shared outside the bureau.

During the meeting, however, it became clear that Ryan wasn’t moved and the officials wouldn’t have his support if they proceeded to resist Nunes’ remaining highly classified requests, according to multiple sources with knowledge of the meeting.

Sources also told CNN that the Justice Department and the FBI also had learned recently that the White House wasn’t going to assert executive privilege or otherwise intervene to try to stop Nunes.

The focus on all the reporting has been on the dossier; indeed, one of CNN’s sources says Mueller’s investigation didn’t come up. It’s not clear that makes sense, given the implication that Trump might claim executive privilege over something being discussed, unless the privilege claim pertained to the two-page summary of the dossier given to him and Obama.

Moreover, the letter memorializing what Nunes forced Rosenstein and Wray to give up suggests the discussion involved all “investigative documents that relate to the Committee’s investigations into (a) Russian involvement in the 2016 Presidential election,” as well as its efforts to find evidence of politicization at DOJ.

As agreed, designated Committee investigators and staff will be provided access to all remaining investigative documents, in unredacted form, for review at DOJ on Friday, January 5, 2018. The documents to be reviewed will include all FBI Form-1023s and all remaining FBI Form FD-302s responsive to the Committee’s August 24, 2017 subpoenas. The only agreed-upon exception pertains to a single FD-302, which, due to national security interests, will be shown separately by Director Wray to myself and my senior investigators during the week of January 8, 2018.

You further confirmed that there are no other extant investigative documents that relate to the Committee’s investigations into (a) Russian involvement in the 2016 Presidential election or (b) other investigatory documents germane to the Committee’s investigations regardless of form and/or title. If, somehow, “new” or “other” responsive documents are discovered, as discussed, you will notify me immediately and allow my senior investigators to review them shortly thereafter.

[snip]

It was further agreed that all documents made available to the Committee will also be available for review by the minority Ranking Member and designated staff.

If that’s right — if the document requests pertain to both the Steele dossier and the Mueller investigation, then on January 5, HPSCI would have been able to determine everyone who had been interviewed and what they had said (which is a good way to ensure that witnesses not cooperate with Mueller). And last week, Nunes, would have been able to review a 302 (the forms FBI uses to report their interviews with witnesses) that, for some reason, was even more sensitive than the FISA orders and confidential human source reports they had reviewed the previous Friday. From his language, it’s not clear whether Adam Schiff would have been included in that review.

Last Wednesday, Wray and Rosenstein gave briefings to Adam Schiff, reportedly by himself, and Richard Burr and Mark Warner together. If Schiff wasn’t included in the review of that 302, then that may explain what the briefing pertained to.

Just last month, Nunes was digging in and refusing to let Democrats call obvious witnesses. So the news that HPSCI will interview two key Trump people with whom Mueller has not yet met makes it clear — if it wasn’t already — that Nunes is trying to identify everything that Mueller might learn, so that he can then give Trump a clean bill of health and insist the entire investigation was just a political stunt drummed up from the Steele dossier (which is what Paul Manafort seems to have recommended last year).

And as all these machinations have gone on, Trump has vacillated about whether or not he’ll submit to an interview with Mueller. Perhaps Nunes has told him that the one thing that might make Mueller’s case is either a confirmation or denial from the President whether he knew or attended that June 9 meeting?

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including Vice, Motherboard, the Nation, the Atlantic, Al Jazeera, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse in Grand Rapids, MI.

How Did the “Publication” of the Dossier Lead to a Murder before It was Published?

In the furor surrounding the publication of the Simpson transcript last week, a number of people pointed to this line to talk about how credible the dossier is.

MR. FOSTER: Earlier you talked about evaluating the credibility of the information in the memoranda that you were being provided by Mr. Steele and, by way of summary, you talked about your belief that he was credible and that you had worked with him before and the information he had provided you had been reliable in the past. Did you take any steps to try to assess the credibility of his sources, his unnamed sources in the material that he was providing to you?

MR. SIMPSON: Yes, but I’m not going to get into sourcing information.

MR. FOSTER: So without getting into naming the sources or anything like that, what steps did you take to try to verify their credibility?

MR. SIMPSON: I’m going to decline to answer that.

MR. FOSTER: Why?

MR. LEVY: It’s a voluntary interview, and in addition to that he wants to be very careful to protect his sources. Somebody’s already been killed as a result of the publication of this dossier and no harm should come to anybody related to this honest work.

That has been taken as a reference to Oleg Erovinkin, the former FSB General who died under mysterious circumstances on December 26, 2016. I myself have pointed to that death, repeatedly, as the one that could very credibly be seen as someone who could be one of the sources described in the dossier being assassinated in retaliation for sharing information with Christopher Steele. I absolutely agree that sharing the dossier with journalists, as Fusion did, could pose a real threat to Steele’s sources.

That said, Luke Harding, who had input from Steele on his book, reported that Erovinkin was not a Steele source.

Steele was adamant that Erovinkin wasn’t his source and “not one of ours.”

As a person close to Steele put it to me: “Sometimes people just die.” (101)

Frankly, if Erovinkin was one of Steele’s sources, I can understand why he’d lie about it. Though it’s also worth remembering that four Russians who allegedly have ties with the US were arrested on treason charges in December, so maybe Erovinkin was our source? So I won’t take Harding’s report as dispositive.

Bet let’s accept the premise that the Erovinkin death might be tied to the Steele dossier.

Let’s look at what Joshua Levy actually said. “Somebody’s already been killed as a result of the publication of this dossier.”

Erovinkin died on December 26, 2016. The dossier wasn’t published by BuzzFeed until January 11, 2017.

If Erovinkin was, in fact, “killed as a result of the publication of this dossier,” then what Levy means is that he was killed as a result of reports from the dossier being reported by the press in September and October and November. He obviously couldn’t be killed in December for the only publication we know of that Fusion had no firsthand role in, the January BuzzFeed publication.

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including Vice, Motherboard, the Nation, the Atlantic, Al Jazeera, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse in Grand Rapids, MI.

What Glenn Simpson Said about the Relationship with the FBI

I keep promising a big post or series of posts on the Glenn Simpson transcript. And I keep doing quick posts to summarize what the transcript says about controversial topics. In this one, I’ll look at what it says about whether FBI paid Christopher Steele and how the relationship went south. All told, these passages support some points I made in this post and this one — that because of the way Fusion pushed to publicize an ongoing counterintelligence investigation, the FBI got as pissed with Steele and Fusion as vice versa.

First, as I suggested, Simpson suggests (though does not confirm) FBI did reimburse Steele for his September 2016 trip to Rome to report on his findings thus far.

Q. Do you know who paid for Mr. Steele’s trip to Rome to meet with the FBI?

A. I have read recently that — I think in a letter from Senator Grassley that the FBI reimbursed the expense, but to be clear, I mean, that’s it. He was, to my knowledge, not been compensated for that work or any other work during this time.

MR. FOSTER: I’m sorry. You’re saying that Fusion did not pay for the trip?

MR. LEVY: Go ahead and answer the question.

MR. SIMPSON: I don’t think we did.

But later, when asked specifically if Steele obtained payment for the work he did, rather than the travel to share his work, Simpson emphasizes that he only knows what Steele has claimed, which is that FBI didn’t pay for the work.

Q. And I think you’ve already answered this question, but to the best of your knowledge, did Mr. Steele ever obtain payment from the FBI for actual research that he was doing on Russian interference or on possible ties between the Trump campaign and Russia?

A. He told me he did not, and I have no independent information other than what he told me. I don’t believe he ever received compensation for working on anything related to Trump and Russia.

Simpson is unable to say whether Steele was providing the FBI rolling production of his memos.

Q. Do you know if he provided any other memoranda to the FBI on a rolling basis at all at any point?

MR. LEVY: He’s answered that question too.

BY THE WITNESS:

A. I don’t know.

In spite of Simpson saying, elsewhere, that Fusion clients get to decide what happens with their end product, Simpson claims that just he and Steele decided to go to the FBI. But his memory on this point is less than perfect.

Q. So after Mr. Steele had found out the information that he put in the very first of these memos, the one dated June 20, 2016, he approached you about taking this information to specifically the FBI, the Federal Bureau of Investigation?

A. That’s my recollection.

Q. So to the best of your recollection, that request or idea came directly from Mr. Steele, not anyone else?

A. That’s right.

Q. And who was involved in discussions about whether it was appropriate to take either the memo or the information in the memo to the FBI?

A. It was Chris and me. I mean, that’s the only ones I remember, the two of us. The only ones I know of.

Later, Simpson’s lawyer claims privilege over the question of whether Perkins Coie played a part in this decision.

Once the decision was made, did you share that decision with anyone, that he was going to go to the FBI with this information?

A. I think we’re not able to answer that.

MR. LEVY: He’s going to decline to answer that question.

Simpson twice describes how Steele “broke off” his relationship with the FBI (which sure makes it sound like an ongoing relationship) in terms of the frustration with the reopening of the Hillary email investigation and the NYT report that the FBI had not confirmed any ties with Russia.

A. There was some sort of interaction, I think it was probably telephonic that occurred after Director Comey sent his letter to Congress reopening the investigation into Hillary Clinton’s e-mails. That episode, you know, obviously created some concern that the FBI was intervening in a political campaign in contravention of long-standing Justice Department regulation. So it made a lot of people, including us, concerned about what the heck was going on at the FBI. So, you know, we began getting questions from the press about, you know, whether they were also investigating Trump and, you know, we encouraged them to ask the FBI that question. You know, I think — I’m not sure we’ve covered this fully, but, you know, we just encouraged them to ask the FBI that question. On October 31st the New York Times posed a story saying that the FBI is investigating Trump and found no connections to Russia and, you know, it was a real Halloween special.

Sometime thereafter the FBI — I understand Chris severed his relationship with the FBI out of concern that he didn’t know what was happening inside the FBI and there was a concern that the FBI was being manipulated for political ends by the Trump people and that we didn’t really understand what was going on. So he stopped dealing with them.

[snip]

A. I think I was just recounting that he vaguely said that he had broken off with them over this concern that we didn’t really know what was going on. I’m sorry to be vague, but we just didn’t understand what was going on and he said he had broken off with them.

Q. When you say “we” did not understand what 3 was going on, who are you referring to as the “we”?

A. Chris and I, mostly just the two of us. There was a lot of public controversy over the conduct of the FBI. I remember discussing it with many people, but this conversation was between the two of us.

Q. And what was the time frame of when Steele said he had broken off with the FBI?

A. I can — I don’t know exactly, but it would have been between October 31st and election day.

MS. QUINT: October 31st was when you said there was an article —

MR. SIMPSON: In the New York Times. There was an article in the New York Times on October 31st that created concern about what was going on at the FBI.

MS. QUINT: Because it wasn’t consistent with your understanding of the investigation?

MR. SIMPSON: Exactly.

BY MS. SAWYER:

Q. And I think, just to be clear, this was an article you had talked about that both revealed that Director Comey had alerted Congress to something about the Clinton e-mail investigation?

A. No. That happened a few days previous. I don’t know the exact date that he sent the letter to Congress, but this was an article specifically about — it was disclosing the existence of an FBI investigation of Trump’s ties to Russia, which, to my recollection, was the first time that anyone reported that the FBI was looking at whether the Trump campaign had ties to the Kremlin but at the same time saying that they had investigated this and not found anything, which threw cold water on the whole question through the election.

But Simpson also admits that the FBI was pissed about seeing Steele’s public reporting in the press, something I had surmised but none of Fusion’s media outlets had reported.

A. I remember Chris saying at some point that they were upset with media coverage of some of the 6 issues that he had discussed with him.

Which is interesting because Simpson gets forgetful about whether the September briefings with the press — it’s not clear whether they happened before or after Simpson met for the second time with the FBI — mentioned that Simpson had gone to the FBI.

MR. DAVIS: So in your meetings with journalists in September you didn’t reference Mr. Steele’s interactions with the FBI or passing on of information to them?

BY THE WITNESS:

A. I don’t recall.

But as the citations above show, Simpson makes it clear the discussions with the press after Jim Comey’s email letter did raise the investigation.

A. I’m not going to get into specific news organizations or reporters or stories, but I would restate that this was during the period when we were encouraging the media to ask questions about whether the FBI was, in fact, investigating these 24 matters.

Finally, Simpson readily admits they reshared the dossier with John McCain’s associate David Kramer to make sure Jim Comey himself would get it (this would have happened at the moment President Obama asked for the intelligence report on the Russian tampering).

That was essentially — all we sort of wanted was for the government to do its job and we were concerned about whether the information that we provided previously had ever, you know, risen to the leadership level of the FBI. We simply just didn’t know. It was our belief that Director Comey if he was aware — if he was made aware of this information would treat it seriously.

 

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including Vice, Motherboard, the Nation, the Atlantic, Al Jazeera, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse in Grand Rapids, MI.

The Simpson Transcript: The Dossier as Predicate

I’m working towards a big post (or a series of small ones) on the Glenn Simpson transcript. I address some of my impressions in this Real News Network video with Aaron Maté from the other day.

Before I do that larger post, however, I want to address something Maté asked me about: whether the Simpson transcript — in which he says that Christopher Steele learned from the FBI about (what independent reporting confirms) the Papadopoulos tip from the Australians — supports or refutes the sharply contested arguments about whether the Steele dossier started the counterintelligence investigation or served as a key source for a FISA warrant against either Carter Page or Paul Manafort. Skeptics of the report that the investigation actually arose from the George Papadopoulos tip have argued that the latest PR effort around the dossier is an attempt to paper over the dossier as the true source of either the investigation or the FISA orders.

As I noted on RNN, the dossier doesn’t actually help the anti-Trump narrative as much as people have made out. Simpson testified that Steele decided to reach out to the FBI towards the end of June or beginning of July (after only the first dossier report had been done), and the conversation actually happened the first week of July (a questioner later refers to it as occurring July 5).

Q. And do you recall when you — when you and Mr. Steele decided kind of that he could or should take this to the FBI, approximately the time frame of that?

A. I believe it was sometime around the turn of the month. It would have been in late June or at latest early July. That’s my recollection.

[snip]

Q. Do you have any knowledge of when that first conversation actually then took place?

A. Over the last several months that this has become a public controversy I’ve learned the general date and I believe it was if first week of July, but I don’t believe he told me — if he told me the time, I don’t remember when he told me.

Simpson later admits his certainty about these dates comes from Fusion’s response to speculation and other reporting.

Q. And that information about that time, that first week of July, where does that come from?

A. It comes from news accounts of these events and conversations between Chris and I and some of my — presumably my business partners too. Generally speaking, we have, as you know, not been eager to discuss any of this in public and there’s been a lot of speculation and guessing and stories, many of which are wrong. So when an incorrect story comes out we would, you know, talk about it. So, you know, in the course of those kinds of things I generally obtained a sense of when things occurred that I might otherwise not be able to provide you.

Regardless of how accurate or not this report, it means that Steele spoke with the FBI weeks before the Australian tip is supposed to have come in, which was after Wikileaks started dumping the emails on July 22 (though as I noted with Maté, there are aspects of that story that are sketchy as well). The reference to Steele learning about what he now believes was the Papadopoulos tip reflects feedback from mid to late September, when the FBI told him his story had been corroborated by a human source, not from that first FBI meeting.

Essentially what he told me was they had other intelligence about this matter from an internal Trump campaign source and that — that they — my understanding was that they believed Chris at this point — that they believed Chris’s information might be credible because they had other intelligence that indicated the same thing and one of those pieces of intelligence was a human source from inside the Trump organization.

Later in the transcript Simpson responds in a way that suggests Steele was reading the FBI response rather than learning actual details of the tip; certainly he might have been able to corroborate it back in London.

Q. And did Mr. Steele tell you that the FBI had relayed this information to him?

A. He didn’t specifically say that.

Q. I’m going to have you take a look at one of the filings —

MR. FOSTER: I thought you said earlier that he did say the FBI told him.

MR. SIMPSON: I think I was saying we did not have the detailed conversations where he would debrief me on his discussions with the FBI. He would say very generic things like I saw them, they asked me a lot of questions, sounds like they have another source or they have another source. He wouldn’t put words in their mouth.

In other words, the record shows that (unless the public story about the Australian tip is really inaccurate) the pee tape report came in first, and then the Oz tip did.

That said, both of these tips came in before late July, which is when Jim Comey testified the CI investigation started.

Which is where this predicate debate has always gone wrong. It imagines that the FBI opened an investigation into one and only one thing. In addition to those two things, there were the actual hack and the Guccifer 2.0 persona — already perceived to be a Russian operation before the first Steele report came in — along with clear indications Wikileaks was involved with it. There was Carter Page’s publicly reported trip and speech in Russia, and the beginnings of the reawakening Paul Manafort scandal. And there were the concerns raised about the change in the GOP platform (though I think that got more press than the evidence justified).

So there were a whole bunch of things leading up to the opening of the investigation. And there’s no reason to believe just one predicated the investigation.

Similarly, the case on the FISA orders is mixed (though this is an area, in particular, where the FBI would have an incentive to release partial stories). One of the first reports on Carter Page’s FISA order dates it to late summer, when the Trump campaign was distancing itself from him. But later reporting said he had been tapped even before he joined the campaign, in conjunction with his earlier recruitment by Russian spies.

Manafort, too, was reportedly targeted under FISA because of his earlier dalliances with Russia. In his case, the wiretap had lapsed, but was restarted after new details of his corruption forced him off the campaign in August.

As I’ll write in my larger post on the Simpson transcript, I don’t think all this means the tie between the dossier and the FBI investigation is above reproach. But it does seem clear that, even if the dossier is one thing that justified the investigation, it was neither the earliest thing nor the only thing.

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including Vice, Motherboard, the Nation, the Atlantic, Al Jazeera, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse in Grand Rapids, MI.

Stephen Miller Claims that Trump’s Russian Investigation Line Was a Disclaimer

In this post, I noted that Trump (in his interview with the WSJ) appears to believe asking for and getting a letter from Rod Rosenstein justifying Jim Comey’s firing is proof that his firing of Comey wasn’t obstruction of justice. I suggested that that argument may have been planned from the start — and noted the proximity of that argument to the claim, which we know Jared Kushner provided, that Democrats would be thrilled by Comey’s firing.

Having suggested that there was more of a plan behind the orchestrated firing of Comey than we might imagine, I want to return to the Jake Tapper interview with Stephen Miller on Sunday.

Tapper asked Miller about his role in writing the initial draft of the letter that fired Comey, which NYT reported on this way:

Mr. McGahn successfully blocked the president from sending the letter — which Mr. Trump had composed with Stephen Miller, one of the president’s top political advisers — to Mr. Comey. But a copy was given to the deputy attorney general, Rod J. Rosenstein, who then drafted his own letter. Mr. Rosenstein’s letter was ultimately used as the Trump administration’s public rationale for Mr. Comey’s firing, which was that Mr. Comey had mishandled the investigation into Hillary Clinton’s private email server.

Mr. Rosenstein is overseeing Mr. Mueller’s investigation into Russian efforts to disrupt last year’s presidential election, as well as whether Mr. Trump obstructed justice.

Mr. McGahn’s concerns about Mr. Trump’s letter show how much he realized that the president’s rationale for firing Mr. Comey might not hold up to scrutiny, and how he and other administration officials sought to build a more defensible public case for his ouster.

[snip]

Mr. Trump ordered Mr. Miller to draft a letter, and dictated his unfettered thoughts. Several people who saw Mr. Miller’s multi-page draft described it as a “screed.”

Mr. Trump was back in Washington on Monday, May 8, when copies of the letter were handed out in the Oval Office to senior officials, including Mr. McGahn and Vice President Mike Pence. Mr. Trump announced that he had decided to fire Mr. Comey, and read aloud from Mr. Miller’s memo.

Some present at the meeting, including Mr. McGahn, were alarmed that the president had decided to fire the F.B.I. director after consulting only Ms. Trump, Mr. Kushner and Mr. Miller. Mr. McGahn began an effort to stop the letter or at least pare it back.

[snip]

Rosenstein was given a copy of the original letter and agreed to write a separate memo for Mr. Trump about why Mr. Comey should be fired.

In the interview with Tapper, Miller claimed that the key claim the NYT said got removed — about Comey thrice telling Trump he wasn’t personally under investigation — was actually in the final letter.

Tapper: According to the New York Times, Special Counsel Robert Mueller has, in his possession, an early draft of a letter that you helped write, in May 2017, detailing reasons to fire FBI Director James Comey. According to the newspaper, the first line of the letter mentions the Russia investigation. Did you write a letter outlining the reasons to fire Comey and list the Russia investigation. Is that true?

Miller: Here’s the problem with what you’re saying: the final draft of the letter the one that was made —

Tapper: I’m not talking about that one, I’m talking about the one that Comey [sic] has that mentions Russia —

Miller: If you want to have an answer to your question and not to get hysterical, then I’ll answer it. The final draft of the letter has the same line about the fact that there is a Trump-Russia investigation that this has nothing to do with.

Tapper: So it was just moved from the top to the bottom.

Miller: No. No! Look at the letter. It’s at the beginning. The investigation is referenced at the beginning of the final letter that was released to point out about the fact that notwithstanding, having been informed that there’s no investigation, that the um, the move that is happening is completely unrelated to that. So it was a disclaimer. It appeared in the final version of the letter that was made public.

Here’s the letter Trump sent to fire Comey. The passage Miller must be talking about reads,

While I greatly appreciate you informing me, on three separate occasions, that I am not under investigation, I nevertheless concur with the judgment of the Department of Justice that you are not able to effectively lead the Bureau.

That’s the passage that was so confounding when we all read that in real time.

And while I’m not prepared to believe Miller that that is the totality of the reference to Russia in the original letter — after all, this doesn’t even mention Russia — what I do think Miller provided proof for on national TV is that the connotation of that sentence changed from first to second draft, and in a way that he, Kushner, and Don McGahn all surely recognize.

In the first letter, according to McGahn and others, the “screed” listed the Russia investigation as a reason to fire Comey. Here, according to the guy who drafted it, it is meant to serve as a disclaimer, a denial that this firing was about the Russia investigation.

And that’s what Miller surely told Mueller’s investigators.

No wonder he kept ranting and had to be escorted off Tapper’s set. He just revealed, for everyone, how this second letter was designed to be misleading.

In the last week, Miller and Trump have told CNN and WSJ, respectively, about their cover-up.

Update: I forgot to reference this language from the NYT’s latest. The line originally said that the investigation was“fabricated and politically motivated.” If that reporting is correct then they also changed the wording of the reference to the investigation.

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including Vice, Motherboard, the Nation, the Atlantic, Al Jazeera, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse in Grand Rapids, MI.

Trump’s Obstruction Defense: Rod Rosenstein Wrote a Letter

The WSJ has posted a transcript of their interview with Trump.

I think it shows how he plans (and may have planned, from the start) to defend against obstruction charges: by noting that Rod Rosenstein, in his letter supporting Comey’s firing, said stronger things against Comey than Trump did.

He returned to this idea three times in the interview. First, after WSJ first noted that Mueller may be looking at obstruction charges.

TRUMP: There has never been, in the history — in the history of an administration anybody that was more open than we were. You understand that?

WSJ: Yes.

TRUMP: We gave them everything. We didn’t go to court and say, “You can’t have this document, you can’t have” — and what we gave them showed — I never got a phone call from Russia. I didn’t have a tweet. I didn’t have a — I had nothing. I didn’t have an email. I didn’t have a meeting. I didn’t have — did I have one meeting with — about Russia? And…

WSJ: Well, Mueller’s also looking at some other areas, right? Like obstruction of justice…

TRUMP: Well allow — let me — (inaudible). So, they make up a crime, and the crime doesn’t exist. And then they say obstruction. And how could there be obstruction on firing Comey? When the man who’s in charge of it wrote a letter that was far stronger than anything I would have written. He was in charge — Deputy Rosenstein. He wrote a letter that’s far stronger than even what I say.

Again, after ranting a bit about how badly the Democrats once wanted Comey fired.

All you have to do is take a look, seriously – take a look at all these people, they all wanted him fired. And the FBI was a mess. When he announced the Hillary Clinton fiasco where she was guilty, guilty, guilty, guilty and then where they did the interview with no tape recorder, with no swearing in, with no this, with no that – you know the story.

But take a look at all of these people that became critics of my firing (ph), they all wanted him fired. And they wanted him fired until I said, “he’s fired.” But the deputy, Rosenstein, who is in charge, he wrote a letter that was possibly or probably stronger than anything I would have written or did write.

Then he returns to it just as WSJ tries to get him to shift to talking about infrastructure.

WSJ: (Inaudible) infrastructure (inaudible).

TRUMP: But just so you understand…

WSJ: Oh, sorry.

TRUMP: …The Deputy Attorney General, who’s in charge of the case, wanted – all you have to do is read his letter. So that’s – there’s no obstruction there.

But Rosenstein!!! He seems to be saying.

I’m interested in this, in general. But I’m also interested in how closely tied the notion that Democrats would celebrate a Comey firing is with the claim that because Rosenstein said meaner things about Comey, there couldn’t be obstruction.

I wonder whether this was the plan all along. And I wonder whether these two whackjob ideas came from the same person: Jared.

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including Vice, Motherboard, the Nation, the Atlantic, Al Jazeera, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse in Grand Rapids, MI.

Mark Corallo’s Obstruction Concerns: “The President…did not attend the meeting.”

Mark Corallo reportedly told Michael Wolff that he quit working for Donald Trump as Marc Kasowitz’ spokesperson because he believed the Air Force One response to the June  9 meeting to be a cover-up.

An aggrieved, unyielding, and threatening president dominated the discussion, pushing into line his daughter and her husband, Hicks, and Raffel. Kasowitz—the lawyer whose specific job was to keep Trump at arm’s length from Russian-related matters—was kept on hold on the phone for an hour and then not put through. The president insisted that the meeting in Trump Tower was purely and simply about Russian adoption policy. That’s what was discussed, period. Period. Even though it was likely, if not certain, that the Times had the incriminating email chain—in fact, it was quite possible that Jared and Ivanka and the lawyers knew the Times had this email chain—the president ordered that no one should let on to the more problematic discussion about Hillary Clinton.

[snip]

In Washington, Kasowitz and the legal team’s spokesperson, Mark Corallo, weren’t informed of either the Times article or the plan for how to respond to it until Don Jr.’s initial statement went out just before the story broke that Saturday.

[snip]

Mark Corallo was instructed not to speak to the press, indeed not to even answer his phone. Later that week, Corallo, seeing no good outcome—and privately confiding that he believed the meeting on Air Force One represented a likely obstruction of justice—quit.

Though as the book makes clear, Trump’s handling (which came just after spending an hour speaking with Vladimir Putin with no minders) of the June 9 meeting story is also what led Kasowitz to leave — both parts of a legal firewall that Steve Bannon had personally put in place.

Given my increasing suspicion that there was a second part of the meeting that has not yet been made public and Bannon’s claim — one Stephen Miller spent 12 minutes not denying over the weekend — that there was no chance that Trump wasn’t part of the meeting, I want to look more closely at the things Corallo said before he was silenced, before the former DOJ spox left out of concerns real obstruction of justice had just occurred.

Here’s some of what appeared in the first NYT story on the June 9 meeting, including a Mark Corallo statement that got repeated elsewhere.

In his statement, Donald Trump Jr. said: “It was a short introductory meeting. I asked Jared and Paul to stop by. We primarily discussed a program about the adoption of Russian children that was active and popular with American families years ago and was since ended by the Russian government, but it was not a campaign issue at the time and there was no follow up.”

He added: “I was asked to attend the meeting by an acquaintance, but was not told the name of the person I would be meeting with beforehand.”

Late Saturday, Mark Corallo, a spokesman for the president’s lawyer, issued a statement implying that the meeting was a setup. Ms. Veselnitskaya and the translator who accompanied her to the meeting “misrepresented who they were,” it said.

In an interview, Mr. Corallo explained that Ms. Veselnitskaya, in her anti-Magnitsky campaign, employs a private investigator whose firm, Fusion GPS, produced an intelligence dossier that contained unproven allegations against the president. In a statement, the firm said, “Fusion GPS learned about this meeting from news reports and had no prior knowledge of it. Any claim that Fusion GPS arranged or facilitated this meeting in any way is false.”

That’s interesting enough, because it piggy backs on the larger efforts to treat the dossier as the sole basis for the Russian investigation, and more importantly because it focuses on Natalia Veselitskaya and Rinat Akhmetshin, and not Ike Kaveladze and Rob Goldstone — whom I increasingly suspect stuck around for a second part of the meeting.

If there were two parts to this meeting, then Corallo’s statement and NYT interview addressed just one part of it.

But that’s not the last thing Corallo did that week, before leaving.

He also released this statement to the AP and others.

Mark Corallo, a spokesman for Trump’s legal team, said only, “The President was not aware of and did not attend the meeting.”

The guy who left the White House out of concern about obstruction of justice that very same week, the guy whom Steve Bannon (he who was sure that Trump did meet the meeting attendees) as a firewall in the Russia investigation, denied that Trump had been at the meeting.

The last words Corallo said before leaving out of concerns about obstruction of justice were that Trump did not attend the meeting.

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including Vice, Motherboard, the Nation, the Atlantic, Al Jazeera, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse in Grand Rapids, MI.

Why Did Ivanka Run into Just Veselnitskaya and Akhmetshin at the Trump Tower Elevator?

In this post, I argued that Natalia Veselnitskaya’s story about her June 9 Trump Tower meeting with Don Jr, Paul Manafort, and Jared Kushner seemed designed (with help from one time Trump and current Agalarov lawyer Scott Balber) to downplay the role of Agalarov employee Ike Kaveladze.

It’s that even with all of Scott Balber’s efforts, there’s still no explanation for why Kaveladze attended this meeting. Given Balber’s significant efforts to minimize Agalarov’s role in the meeting — and his denials that Agalarov might have ties directly to Putin — I find the failure to explain that notable.

The LAT story convinces me I’m right. The basic story is that Mueller has called at least one of the attendees at that meeting back for a second interview; for a number of reasons, it is highly likely that person is Rinat Akhmetshin. The self-interested defense lawyers who are the source of the story suggest that this must be because Mueller is pursuing an obstruction case, not a collusion case.

Special counsel Robert S. Mueller III has recalled for questioning at least one participant in a controversial meeting with a Kremlin-connected Russian lawyer at Trump Tower in June 2016, and is looking into President Trump’s misleading claim that the discussion focused on adoption, rather than an offer to provide damaging information about Hillary Clinton.

Some defense lawyers involved in the case view Mueller’s latest push as a sign that investigators are focusing on possible obstruction of justice by Trump and several of his closest advisors for their statements about the politically sensitive meeting, rather than for collusion with the Russians.

But the far more interesting part of the story is that Mueller wants details about Ivanka’s actions that day, because, the story explains, she ran into Veselnitskaya and Akhmetshin by the Trump Tower elevator.

Investigators also are exploring the involvement of the president’s daughter, Ivanka Trump, who did not attend the half-hour sit-down on June 9, 2016, but briefly spoke with two of the participants, a Russian lawyer and a Russian-born Washington lobbyist. Details of the encounter were not previously known.

From that, Twitter conspiracists and Newsweek (which lately has been close to the same thing) are suggesting that Ivanka might be in trouble.

That’s not the point of this line of questioning, in my opinion.

LAT makes it clear (presumably based on Akhmetshin’s story) that the Ivanka exchange happened on their way out of the meeting with Jr and the others.

It occurred at the Trump Tower elevator as the Russian lawyer, Natalia Veselnitskaya, and the lobbyist, Rinat Akhmetshin, were leaving the building and consisted of pleasantries, a person familiar with the episode said.

According to Veselnitskaya, she arrived with Akhmetshin, Kaveladze, and her translator; Jr and Manafort were in the board room when she arrived.

I came to the meeting with Anatoly Samochornov, a translator, Irakly Kaveladze, a lawyer of my client who helped to arrange for the meeting, Rinat Akhmetshin, my colleague who was working with me on the Prevezon case. We were met by a big, stout man who introduced himself as Rob and escorted us on the elevator to the boardroom. I saw two men in the boardroom – one of them introduced himself as Donald Trump Jr., while the other did not introduce himself.

She says she met with Kaveladze before the meeting.

I met him personally first on June 9 shortly before the meeting.

We had a phone call and met at a café, I do not remember where and at what café.

Though, admittedly, every single thing she says about Kaveladze is sketchy.

Finally, Veselnitskaya denies that she met with Glenn Simpson before and after the meeting, a story Fox News reported that “a confidential source” told it.

Last week Fox News 38 referring to a confidential source reported that I met with Glenn Simpson before and after the meeting with Trump’s son, and that “but hours before the Trump Tower meeting on June 9, 2016, Fusion co-founder and ex-Wall Street Journal reporter Glenn Simpson was with Veselnitskaya in a Manhattan federal courtroom, in a hearing on the DOJ’s claim against Prevezon Holdings, a Cyprus company owned by a Russian businessman Denis Katsyv.” This statement does not reflect the reality.

Nowhere in Veselnitskaya’s story addresses how or in whose company she left the meeting.

But the LAT report suggests she left with Akhmetshin. The report mentions nothing about the presence of Goldstone or Kaveladze, waiting at the elevator, chatting up Ivanka.

So did the two Agalarov employees stay later, which would leave them in a room alone with Don Jr and Paul Manafort?

Update: I’ve corrected this to reflect that Veselnitskaya said she did arrive with Kaveladze.

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including Vice, Motherboard, the Nation, the Atlantic, Al Jazeera, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse in Grand Rapids, MI.

Won’t Doubling Down on Paul Manafort Being a Traitor Make Him More Likely To Flip?

Here is the full substance of what Steve Bannon said about the June 9, 2016 meeting between Don Jr, Jared Kushner, and Paul Manafort.

“The chance that Don Jr. did not walk these jumos up to his father’s office on the twenty-sixth floor is zero,” said an astonished and derisive Bannon, not long after the meeting was revealed.

“The three senior guys in the campaign,” an incredulous Bannon went on, “thought it was a good idea to meet with a foreign government inside Trump Tower in the conference room on the twenty-fifth floor—with no lawyers. They didn’t have any lawyers. Even if you thought that this was not treasonous, or unpatriotic, or bad shit, and I happen to think it’s all of that, you should have called the FBI immediately. Even if you didn’t think to do that, and you’re totally amoral, and you wanted that information, you do it in a Holiday Inn in Manchester, New Hampshire, with your lawyers who meet with these people and go through everything and then they verbally come and tell another lawyer in a cut-out, and if you’ve got something, then you figure out how to dump it down to Breitbart or something like that, or maybe some other more legitimate publication. You never see it, you never know it, because you don’t need to. . . . But that’s the brain trust that they had.”

I’ll return, at some point, to this formulation, which complains more about how Don Jr took this meeting with Russian figures than that they didn’t involve cut-outs to maintain plausible deniability.

But for the moment, I want to look at the substance of Bannon’s non-apology apology.

Threatened with being cut off from the Mercer family wingnut welfare, Bannon has offered this peace offering (you can click through to see how he boasts of his own importance in his obsequious comments on Trump):

  • “Donald Trump, Jr. is both a patriot and a good man. He has been relentless in his advocacy for his father and the agenda that has helped turn our country around.”

[snip]

  • “My comments about the meeting with Russian nationals came from my life experiences as a Naval officer stationed aboard a destroyer whose main mission was to hunt Soviet submarines to my time at the Pentagon during the Reagan years when our focus was the defeat of ‘the evil empire’ and to making films about Reagan’s war against the Soviets and Hillary Clinton’s involvement in selling uranium to them.”
  • “My comments were aimed at Paul Manafort, a seasoned campaign professional with experience and knowledge of how the Russians operate. He should have known they are duplicitous, cunning and not our friends. To reiterate, those comments were not aimed at Don Jr.”
  • “Everything I have to say about the ridiculous nature of the Russian ‘collusion’ investigation I said on my 60 Minutes interview. There was no collusion and the investigation is a witch hunt.”
  • “I regret that my delay in responding to the inaccurate reporting regarding Don Jr has diverted attention from the president’s historical accomplishments in the first year of his presidency.”

The statement is notable for the utter silence on Jared Kushner, a rivalry with whom is the chief source of animus for Bannon. Bannon appears willing only to suck up to Trump Senior and Junior, not the “globalist” son-in-law.

Bannon pretends that the reporting about his comments on Jr were inaccurate. Lordy, that sounds like an invitation to Michael Wolff to release the tapes he claims he has of his Bannon interviews.

Bannon nods to his 60 Minutes interview, which he did in fact say was a waste of time. But he also allegedly said firing Comey was the stupidest decision in modern politics, because it led to the Mueller investigation, with its expanded scope. That suggests he thinks Mueller will find things, which is consistent with the other Bannon statements reported by Wolff, that he believes Mueller will find evidence of money laundering, that the path to Trump “goes through Deutsche Bank and all the Kushner stuff.”

Bannon invokes his Navy experience as a way, I guess, to explain why he used the word treasonous — to suggest he was speaking like a jingoist rather than someone with awareness of what a treason charge requires.

Which leaves us with his comments about Manafort. Given his walk-back of his comments about Jr and his stubborn silence on Kushner, Bannon suggests that Manafort should have known better. While, here, Bannon suggests Manafort should have told the neophyte global businessmen who also attended the meeting how duplicitous the Russians are (which is curious, because the Trump and Russian participants in the meeting keep pretending they’re all telling the same true story about the meeting, evidence that this is a cover story notwithstanding).

Savvy Paul Manafort, who got hired to work for the campaign for free and who took that position, apparently, to pay off a favor if not $19 million to Russian oligarch Oleg Deripaska, Paul Manafort whose reputation of working with such thuggish types goes back years, Steven Bannon blames Manafort (who didn’t set up the meeting) for not carrying out the meeting with more plausible deniability.

It doesn’t make sense.

It doesn’t make sense, given the known events surrounding the meeting.

But it also doesn’t make sense, if Bannon’s goal is to fix the damage his comments have done. Because, by issuing a statement that you believe will be acceptable to Trump that effectively calls Manafort a traitor — those other young men aren’t traitors but that savvy businessman we had working for free is — you make it more likely he’ll flip on Trump. You make it more likely that Manafort does precisely the thing that will bring down the whole scheme.

Maybe that’s actually Bannon’s intent?

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including Vice, Motherboard, the Nation, the Atlantic, Al Jazeera, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse in Grand Rapids, MI.

Did The Most Senior White House Official Lie to the NYT about the Content of the Comey Firing Letter?

One week after conducting a “surprise” interview set up by Trump ally Christopher Ruddy (for which he was widely criticized), Mike Schmidt has a widely hailed story describing the evidence supporting an obstruction charges against Donald Trump.

Or maybe against Attorney General Jeff Sessions.

Most interestingly, it suggests that several days after Trump attacked Jeff Sessions while watching Jim Comey’s May 3 testimony to Congress, Sessions sent an aide to Congress to try to gin up a series of damning stories about Comey.

White House aides gave updates to Mr. Trump throughout, informing him of Mr. Comey’s refusal to publicly clear him. Mr. Trump unloaded on Mr. Sessions, who was at the White House that day. He criticized him for recusing himself from the Russia investigation, questioned his loyalty, and said he wanted to get rid of Mr. Comey.

[snip]

Two days after Mr. Comey’s testimony, an aide to Mr. Sessions approached a Capitol Hill staff member asking whether the staffer had any derogatory information about the F.B.I. director. The attorney general wanted one negative article a day in the news media about Mr. Comey, according to a person with knowledge of the meeting.

A Justice Department spokeswoman said the incident did not occur. “This did not happen and would not happen,” said the spokeswoman, Sarah Isgur Flores. “Plain and simple.”

Hmmm. I don’t think Sessions has honored his recusal.

He may have also ordered up Rod Rosenstein to suggest Comey needed firing.

Earlier that day, Rod J. Rosenstein, the deputy attorney general, had pulled one of Mr. McGahn’s deputies aside after a meeting at the Justice Department. Mr. Rosenstein told the aide that top White House and Justice Department lawyers needed to discuss Mr. Comey’s future. It is unclear whether this conversation was related to the effort to dig up dirt on Mr. Comey.

The following weekend, Trump went to Bedminster to have Stephen Miller write up a letter firing Comey. It’s this detail I’m most interested in.

In interviews with The Times, White House officials have said the letter contained no references to Russia or the F.B.I.’s investigation. According to two people who have read it, however, the letter’s first sentence said the Russia investigation had been “fabricated and politically motivated.” [my emphasis]

Remember, Schmidt has just had a rather celebrated interview with one particular White House official. Er, The White House Official. Half of the off-the-record comments omitted from the NYT transcript of the interview clearly pertain to the Russian investigation.

TRUMP: Everybody knows the answer already. There was no collusion. None whatsoever.

_________

TRUMP: Maybe I’ll just say a little bit of a [inaudible]. I’ve always found Paul Manafort to be a very nice man. And I found him to be an honorable person. Paul only worked for me for a few months. Paul worked for Ronald Reagan. His firm worked for John McCain, worked for Bob Dole, worked for many Republicans for far longer than he worked for me. And you’re talking about what Paul was many years ago before I ever heard of him. He worked for me for — what was it, three and a half months?

[snip]

TRUMP: What I’ve done is, I have absolute right to do what I want to do with the Justice Department. But for purposes of hopefully thinking I’m going to be treated fairly, I’ve stayed uninvolved with this particular matter.

_________

TRUMP: For purposes of the Justice Department, I watched Alan Dershowitz the other day, who by the way, says I, says this is a ridiculous —

SCHMIDT: He’s been very good to you.

TRUMP: He’s been amazing. And he’s a liberal Democrat. I don’t know him. He’s a liberal Democrat. I watched Alan Dershowitz the other day, he said, No. 1, there is no collusion, No. 2, collusion is not a crime, but even if it was a crime, there was no collusion. And he said that very strongly. He said there was no collusion. And he has studied this thing very closely. I’ve seen him a number of times. There is no collusion, and even if there was, it’s not a crime. But there’s no collusion. I don’t even say [inaudible]. I don’t even go that far.

_________

TRUMP: So for the purposes of what’s going on with this phony Russian deal, which, by the way, you’ve heard me say it, is only an excuse for losing an election that they should have won, because it’s very hard for a Republican to win the Electoral College. O.K.?

This last break in the transcript picks up right where the information these White House officials lying to the NYT leave off: with the claim that this is a “fabricated and politically motivated” investigation.

Particularly given that Schmidt has been working this aspect of the story for months, what are the chances that the most senior White House official lied to Schmidt about what he had written to justify firing Jim Comey?

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including Vice, Motherboard, the Nation, the Atlantic, Al Jazeera, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse in Grand Rapids, MI.