What Explains Trump’s Focus on Manafort?

As I noted yesterday on Twitter, the transcript of NYT’s interview with Donald Trump reads like this:

collusion collusion collusion collusion collusion collusion collusion collusion collusion collusion collusion collusion collusion collusion collusion collusion collusion collusion collusion collusion collusion collusion collusion

23 times Trump either denied any evidence of collusion between his campaign and Russia or alleged collusion between Hillary and … I’m not entirely clear who she was supposed to have colluded with.

Whatever else this interview was, it was also a testament to Trump’s continued obsession with trying to deny any guilt.

Which is why I’m so interested in both the form and the singular focus on Trump’s denial of Paul Manafort.

SCHMIDT: What’s your expectation on Mueller? When do you —

TRUMP: I have no expectation. I can only tell you that there is absolutely no collusion. Everybody knows it. And you know who knows it better than anybody? The Democrats. They walk around blinking at each other.

SCHMIDT: But when do you think he’ll be done in regards to you —

TRUMP: I don’t know.

SCHMIDT: But does that bother you?

TRUMP: No, it doesn’t bother me because I hope that he’s going to be fair. I think that he’s going to be fair. And based on that [inaudible]. There’s been no collusion. But I think he’s going to be fair. And if he’s fair — because everybody knows the answer already, Michael. I want you to treat me fairly. O.K.?

SCHMIDT: Believe me. This is —

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?

SCHMIDT: A very short period of time.

TRUMP: Three and a half months. [Inaudible] So, that’s that. Let’s just say — I think that Bob Mueller will be fair, and everybody knows that there was no collusion.

The interview started with a discussion of Jeff Sessions’ recusal, which led Trump to claim he won because he campaigned better than Hillary, but then Mike Schmidt returned to Russia, which returned Trump to his “no collusion” line.

Then Schmidt permits Trump to go off the record about … something. Then the interview goes back on the record with Trump apparently deciding to offer up details after all. He offers the following defense of Manafort:

  • He’s a nice, honorable man
  • Manafort worked for other Republicans too
  • Manafort didn’t work (on the campaign) for Trump long at all
  • Trump never heard of the man who lived in Trump Tower and had had a firm with Trump’s buddy Roger Stone

Having already had two people flip on him and agree to cooperate with prosecutors, Trump starts by flattering Manafort. He rightly reminds that Manafort has long been tolerated in the Republican party, even after Manafort’s fondness for working with thugs became widely known.

Trump then dismisses any Manafort taint based on time associated with the campaign (three and a half key months of the campaign, during the period when Russians were reaching out to provide dirt), not based on his actions for the campaign.

Finally, by falsely claiming he didn’t know Manafort, Trump absolves himself of any prior taint the lobbyist had.

As I said, I’m interested in this passage not just for Trump’s lame attempt at defending himself, but also that he did so. It’s only Manafort Trump feels the need to defend himself against, not Flynn (whom Trump reportedly is preparing to accuse of lying), not Papadopoulos, and not even Rick Gates (who, after all, hung around the campaign through the transition).

The Daily Beast did do an uninteresting piece suggesting Mueller’s team may get a superseding indictment against Manafort, but it doesn’t even imagine Mueller getting to the guts of the case, perhaps by indicting Manafort based on his ongoing reporting on the campaign to Oleg Deripaska via Konstantin Kilimnik, the latter of whom also served as a go-between in an effort to help Manafort write a self-defensive op-ed. Instead, it imagines only that Manafort will get a superseding indictment on tax charges.

Alternately, Schmidt may have said something during that off the record section that directly raised Manafort. Schmidt’s regular beat is the FBI, not Mar a Lago, so he may know something far more interesting than the Daily Beast does about where Mueller is going.

Whatever the reason, Trump seems far more worried about damage Manafort can do to him right now than any damage Flynn can.

Chuck Johnson’s Narrowed Scope of What a Russian Is Excludes Known Conspirators in Operation

Michael Tracey has a story that purports to show that the Senate Intelligence Committee, in negotiating voluntary cooperation with Chuck Johnson, is criminalizing being Russian.

The Senate committee probing alleged Russian interference in the U.S. political system has deemed anyone “of Russian nationality or Russian descent” relevant to its investigation, according to a document obtained by TYT.

[snip]

On July 27, 2017, Charles C. Johnson, a controversial right-wing media figure, received a letter from Sens. Burr and Warner requesting that he voluntarily provide materials in his possession that are “relevant” to the committee’s investigation. Relevant materials, the letter went on, would include any records of interactions Johnson had with “Russian persons” who were involved in some capacity in the 2016 U.S. elections.

The committee further requested materials related to “Russian persons” who were involved in some capacity in “activities that related in any way to the political election process in the U.S.” Materials may include “documents, emails, text messages, direct messages, calendar appointments, memoranda, [and] notes,” the letter outlined.

Doss’s statement was in response to a request made by Robert Barnes, an attorney for Johnson, for clarification as to the SSCI’s definition of a “Russian person.”

How the committee expects subjects to go about ascertaining whether a person is of “Russian descent” is unclear. “It does indicate that the committee is throwing a rather broad net,” Jonathan Turley, a professor of law at George Washington University, said. “It is exceptionally broad.” In terms of constitutionality, Turley speculated that “most courts would view that as potentially too broad, but not unlawful.”

Johnson played a key role in several known parts of the election operation. In addition to brokering Dana Rohrabacher’s meeting with Julian Assange, all designed to provide some alternative explanation for the DNC hack, Johnson worked with Peter Smith and Weev to try to find the deleted emails from Hillary’s server.

Johnson said he and Smith stayed in touch, discussing “tactics and research” regularly throughout the presidential campaign, and that Smith sought his help tracking down Clinton’s emails. “He wanted me to introduce to him to Bannon, to a few others, and I sort of demurred on some of that,” Johnson said. “I didn’t think his operation was as sophisticated as it needed to be, and I thought it was good to keep the campaign as insulated as possible.”

Instead, Johnson said, he put the word out to a “hidden oppo network” of right-leaning opposition researchers to notify them of the effort. Johnson declined to provide the names of any of the members of this “network,” but he praised Smith’s ambition.

“The magnitude of what he was trying to do was kind of impressive,” Johnson said. “He had people running around Europe, had people talking to Guccifer.” (U.S. intelligence agencies have linked the materials provided by “Guccifer 2.0”—an alias that has taken credit for hacking the Democratic National Committee and communicated with Republican operatives, including Trump confidant Roger Stone—to Russian government hackers.)

Johnson said he also suggested that Smith get in touch with Andrew Auernheimer, a hacker who goes by the alias “Weev” and has collaborated with Johnson in the past. Auernheimer—who was released from federal prison in 2014 after having a conviction for fraud and hacking offenses vacated and subsequently moved to Ukraine—declined to say whether Smith contacted him, citing conditions of his employment that bar him from speaking to the press.

Tracey’s claims are based on this email (and, clearly, cooperation with Johnson).

Except Tracey (and so presumably Johnson) appear to be misrepresenting what is going on.

When SSCI originally asked for Johnson’s cooperation in July, they asked him to provide communications “with Russian persons, or representatives of Russian government, business, or media interest” relating to the 2016 election and any hack related to it.

And while Tracey calls the December follow-up a “clarification,” Doss clearly considers it a “narrowing” of that July description. So the description Tracey finds so outrageous — people of Russian nationality or descent — appears to be a subset of what might be included in the original request.

Moreover, the narrowing might be really detrimental to SSCI’s ability to learn what Johnson was up to when he was seeking out Russian hackers who might have Hillary’s server. Consider just the examples of Karim Baratov or Ike Kaveladze. Both are likely suspects for involvement in the events of 2016. Baratov — the hacker who recently pled guilty to compromising selected Google and Yandex accounts for FSB — is a Canadian citizen born in Kazakhstan. Kaveladze — who works for Aras Agalarov, has past ties to money laundering, and attended the June 9, 2016 meeting — is an American citizen born in Georgia. Neither is ethnically Russian. So if Johnson had any hypothetical interactions with them, he could cabin off those interactions based on this narrowed definition of what counts as a Russian.

To say nothing of Johnson’s interactions with Assange, who is Australian, yet whose ties to Russia are unclear. Effectively, even if Johnson knew that Assange had coordinated with Russia last year, he wouldn’t have to turn over his communications with him, because he’s not himself Russian.

According to Tracey’s piece, Johnson says he won’t cooperate regardless, in spite of his lawyer’s efforts to narrow the scope of any cooperation.

But I find it interesting that his lawyer attempted to narrow any testimony in a fashion that might hide important parts of Johnson’s actions.

The Narrow Scope of the Flynn Denials

The WaPo has a story telegraphing Trump defense plans to attack Mike Flynn as a liar to claim whatever testimony he has provided Mueller’s team is a lie.

Trump’s legal team has seized on Flynn’s agreement with prosecutors as fodder for a possible defense, if necessary. In court filings, the retired lieutenant general admitted that he lied to the FBI about conversations he had with the Russian ambassador to the United States during the December 2016 transition.

“He’s said it himself: He’s a liar,” said one person helping craft the strategy who was granted anonymity to describe private conversations.

Mostly, it serves as an opportunity for Trump defense lawyers to express confidence that Flynn can’t damage them.

Attorneys for Trump and his top advisers have privately expressed confidence that Flynn does not have any evidence that could implicate the president or his White House team.

But then there’s this remarkable passage, where the anonymous defense sources for this story provide pretty empty denials of the things with which Flynn might be able to incriminate Trump’s folks.

Defense lawyers have said privately that Flynn will be unable to point to White House or campaign records turned over in the probe to bolster any claims of a criminal scheme. None of those records suggest a conspiracy by Trump or his inner circle to improperly work with Russians to defeat Democratic candidate Hillary Clinton, according to people who have reviewed the documents.

These lawyers are suggesting that Flynn would have campaign records reflecting coordination between the Russians and the Trump campaign. They’re suggesting that if Trump or his flunkies “improperly work[ed] with Russians to defeat Democratic candidate Hillary Clinton” there’d be paper records.

What they’re not denying, however, is that Flynn attended meetings or otherwise knew of communications doing such things.

In August 2016, Rinat Akhmetshin Suggested Russian Adoptions Would Resume Under Trump

In this piece on Natalia Veselnitskaya’s version of the June 9, 2016 meeting, I note that she suggested Rinat Akhmetshin attended the meeting not on behalf of Prevezon Holdings (on whose behalf she was in the US), but instead a non-profit called Human Rights Accountability Global Initiative.

This Bloomberg piece makes it clear that Robert Mueller’s team is investigating that NGO — and makes it clear that it’s just a cut-out for the same oligarchs trying to overturn the Magnitsky sanctions.

It was financed by $500,000 in donations, mostly from wealthy Russians with ties to Petr Katsyv, deputy director of Russian Railways

[snip]

Most of the Russians financing the foundation said in interviews that they knew nothing about U.S. adoptions of Russian children, contradicting the foundation’s U.S. disclosure forms.

The foundation didn’t disclose those donations as a source of funding in lobbying disclosure forms. It reported spending just $50,000, less than the amount reported by outside lobbyists it hired. It disclosed to the Internal Revenue Service $526,740 in contributions and spending of $413,831 on “campaigns relating to human rights issues including foreign adoption.”

[snip]

Katsyv kicked in $150,000 for HRAGI, making him the biggest donor, according to the person. He then began soliciting donations from his friends who were introduced to him by his father. His two business partners in Russia, Mikhail Ponomarev and Albert Nasibulin, each gave $100,000.

But the most important detail from the piece is that a woman who did or tried to adopt two Russians in 2012 met with Akhmetshin in August 2016 because she has lobbied in support of Russian adoptions. At that meeting and later ones, Akhmetshin told her that “things would change” with adoptions after the election.

It was August 2016 when [Sara] Peterson, of Maryland, traveled to Washington and waited at a train station sandwich shop for a Russian-American man named Rinat Akhmetshin. He wanted to know which members of Congress he should approach, she said. At that meeting and later ones, he said “things would change” after the upcoming elections.

The detail is actually really important: it suggests that someone who attended the June 9 meeting at which dirt on Hillary was offered in exchange for reversal of the Magnitsky sanctions believed that that sanctions relief would come.

And Akhmetshin expressed that confidence before the election.

In Which Former NatSec Prosecutor Andrew McCarthy Embraces Russian Disinformation

Andrew McCarthy is one of the few right wingers I think all Trump opponents need to read. That’s true, partly, because his experience as a top NatSec prosecutor grants him an important perspective from which to assess the Trump investigation. And also, he engages in his own assessment of the evidence, as he has received it, even if he brings a far right bias to it.

McCarthy decides the dossier was key in the Page FISA order

Which is why defenders of the Christopher Steele dossier should read — and prepare to respond to — this column concluding (after some prior good faith consideration) that Democrats do have a problem with the way the dossier was used to justify an investigation against Trump. In it, McCarthy divorces his discussion from the known timeline and concludes that dossier is the true referent to Peter Strzok’s “insurance policy” text.

Was it the Steele dossier that so frightened the FBI? I think so.

[snip]

In sum, the FBI and DOJ were predisposed to believe the allegations in Steele’s dossier. Because of their confidence in Steele, because they were predisposed to believe his scandalous claims about Donald Trump, they made grossly inadequate efforts to verify his claims. Contrary to what I hoped would be the case, I’ve come to believe Steele’s claims were used to obtain FISA surveillance authority for an investigation of Trump.

McCarthy then points to this report (as I have) of Andrew McCabe pointing only to Carter Page’s trip to Moscow as validation of the dossier.

But when pressed to identify what in the salacious document the bureau had actually corroborated, the sources said, McCabe cited only the fact that Trump campaign adviser Carter Page had traveled to Moscow. Beyond that, investigators said, McCabe could not even say that the bureau had verified the dossier’s allegations about the specific meetings Page supposedly held in Moscow.

From that, McCarthy departs from prior points he has made about FBI’s corroboration of intelligence on FISA applications and ignores reports that FBI had a FISA order on Carter Page before the campaign (those reports admittedly might be disinformation, but then so might every single report pertaining to FISA orders) to suggest that the Steele dossier was the primary thing FBI used to get a FISA order on him (and, even more inaccurately, to justify the entire investigation). Here’s where McCarthy ends his piece.

The FBI always has information we do not know about. But given that Page has not been accused of a crime, and that the DOJ and FBI would have to have alleged some potential criminal activity to justify a FISA warrant targeting the former U.S. naval intelligence officer, it certainly seems likely that the Steele dossier was the source of this allegation. In conclusion, while there is a dearth of evidence to date that the Trump campaign colluded in Russia’s cyberespionage attack on the 2016 election, there is abundant evidence that the Obama administration colluded with the Clinton campaign to use the Steele dossier as a vehicle for court-authorized monitoring of the Trump campaign — and to fuel a pre-election media narrative that U.S. intelligence agencies believed Trump was scheming with Russia to lift sanctions if he were elected president.

McCarthy may well have a point. That is, I think his argument that DOJ’s predisposition to believe Steele may have led them to treat the dossier more credibly than it warranted. But as I said, to conclude the dossier is the main thing, he has to ignore reporting that Page had already had a FISA order (meaning FBI had already established, to the standard that FISC measures it, that Page might be involved in clandestine activity). He also doesn’t mention Chuck Grassley’s concerns about parallel construction, which he’d only have if he knew that FBI had corroborated the dossier intelligence (as McCarthy had been confident would have happened before this column). Nor does he mention that Page’s visit to Moscow was reported contemporaneously, in both Russian and DC. Further, as I lay out in this post, treating the dossier as definitive on August 15 doesn’t get you very far. Nor does McCarthy acknowledge that the public record makes clear that other pieces of intelligence also established a basis to open an investigation, regardless of what role the dossier contributed.

Still, as far as it goes, McCarthy’s argument thus far should at least be engaged by Trump opponents, because as far as it goes, it is a legitimate complaint.

FBI in no way let the dossier affect its election tampering, which ultimately worked to hurt Hillary

The first area where McCarthy goes off the rails, however, is in his suggestion that DOJ’s credulity about the dossier led the FBI to oppose Trump’s election, rather than fast-track an investigation into his ties with Russia.

He does this, first of all, by speculating — based on zero evidence — that FBI found out early on that the dossier was oppo research.

At some point, though, perhaps early on, the FBI and DOJ learned that the dossier was actually a partisan opposition-research product. By then, they were dug in. No one, after all, would be any the wiser: Hillary would coast to victory, so Democrats would continue running the government; FISA materials are highly classified, so they’d be kept under wraps.

I believe Steele’s public statements (which I admit are suspect) suggest the opposite. That is, I believe he was sufficiently compartmented from whoever was paying for the dossier such that he might not know about it (though that admittedly raises the stakes of what Bruce Ohr knew from his wife Nelly, and to what degree she was upholding client confidentiality).

McCarthy then suggests that FBI’s goal and actions reflect efforts to ensure Trump would not be elected.

[T]he suspicion is that, motivated by partisanship and spurred by shoddy information that it failed to verify, the FBI exploited its counterintelligence powers in hopes of derailing Trump’s presidential run.

[snip]

DOJ and FBI, having dropped a criminal investigation that undeniably established Hillary Clinton’s national-security recklessness, managed simultaneously to convince themselves that Donald Trump was too much of a national-security risk to be president.

Having laid out his argument that FBI gave Hillary a pass on her email investigation (yes, that part of this is laughable), McCarthy completely ignores the events of late October to make this claim.

First, he ignores that Jim Comey publicly reopened the investigation into Hillary less than two weeks before the election in large part because significant swaths of the FBI didn’t want her to win and Comey worried it would otherwise leak. You simply cannot say an FBI that did so was actively working to ensure a Hillary win.

Just as importantly, it appears that after it became publicly clear, with David Corn’s Steele story, that the dossier was oppo research, the FBI not only backed out of a plan to pay for its continuation, but leaked to the NYT that FBI had found nothing to substantiate any ties with Russia.

Note, this detail also provides a much better explanation for why the FBI backed out of its planned relationship with Steele in October, one that matches my supposition. As soon as it became clear Elias was leaking the dossier all over as oppo research, the FBI realized how inappropriate it was to use the information themselves, no matter how credible Steele is. This also likely explains why FBI seeded a story with NYT, one Democrats have complained about incessantly since, reporting “none of the investigations so far have found any conclusive or direct link between Mr. Trump and the Russian government.” Ham-handed? Sure. But in the wake of Harry Reid and David Corn’s attempts to force FBI to reveal what Democratic oppo research had handed to FBI, the FBI needed to distance themselves from the oppo research, and make sure they didn’t become part of it. Particularly if Steele was not fully forthcoming about who was paying him, the FBI was fucked.

Whatever the facts about when it discovered the Democrats were funding the dossier, ultimately FBI went way out of its way to ensure the allegations in the dossier didn’t influence the election.

Wherein a former NatSec prosecutor yawns about Russian disinformation

At this point, I’m somewhat agnostic about the best explanation for all the shortcomings of the Steele dossier. It’s possible that, being offered money to support a conclusion, Steele just told his client what they wanted to hear, regardless of the actual reality (though that doesn’t accord with the public record on Steele’s credibility, at all). But it’s also possible that Russia learned about the dossier early on (possibly from Fusion researcher Rinat Akhmetshin), and spent a lot of time feeding Steele’s known sources disinformation. I’m increasingly leaning to the latter explanation, but I still remain agnostic.

Not McCarthy. He comes down squarely on the side of disinformation.

The dossier appears to contain misinformation. Knowing he was a spy-for-hire trusted by Americans, Steele’s Russian-regime sources had reason to believe that misinformation could be passed into the stream of U.S. intelligence and that it would be acted on — and leaked — as if it were true, to America’s detriment. This would sow discord in our political system. If the FBI and DOJ relied on the dossier, it likely means they were played by the Putin regime.

But McCarthy doesn’t think this through. And he doesn’t think it through even while proclaiming, abundant evidence to the the contrary, “there is a dearth of evidence to date that the Trump campaign colluded in Russia’s cyberespionage attack.”

There’s not a dearth of evidence!

To claim that there is, McCarthy ignores that longtime Trump associate Felix Sater was brokering deals with Russian oligarchs that he believed would get Trump elected in 2015. McCarthy ignores the likelihood George Papadopoulos warned the campaign of stolen emails, referred to as “dirt on Hillary,” even before the Democrats knew about any stolen emails. He ignores that Don Jr took a meeting (with Fusion associate Rinat Akhmetshin) based on a promise of dirt. He ignores that the broker behind the meeting, Rob Goldstone, found it eerie that stolen emails were released right after the meeting. McCarthy ignores that the substance of the meeting — sanctions relief — is precisely what Flynn was ordered to broker even before Trump was inaugurated, which Flynn is now explaining in depth in part because Jared Kushner withheld information that might have exonerated Flynn’s actions.

That is, McCarthy ignores that there’s a great deal of evidence, even in the public record, that Trump welcomed the release of stolen Hillary emails in a meeting at which sanctions were discussed, and that Trump promised to give Russia sanctions relief even before he was inaugurated.

Had he considered all this evidence, though, he might have had to think about why none of this shows up in the dossier, not even — especially not — the meeting which a Fusion research associate attended. Had he considered all this evidence, he would have had to think about how much the dossier looks like a distraction from all the evidence of collusion that was literally lying right before Fusion’s face. He also might have to consider how the dossier, paid for in response to the DNC hack, was worse than the public record precisely as it pertained to Russian hack and leaks.

Sure, it’s possible the Russians decided to plant a story of Trump collusion where no evidence existed, and did so well before Hillary’s investment in such a narrative was public (it would be interesting to know whether emails Russia stole in April would support such a narrative). It’s possible that’s what the disinformation of the dossier accomplishes. All that would be inconsistent with what everyone believed at the time, which is that Hillary would win.

That’s possible, sure.

But that’s not what the existing evidence supports. That is, if the dossier is disinformation, then it appears most likely to be disinformation that served as a distraction from the real collusion happening in easily researchable form. That’d be especially likely given that Manafort seems to have encouraged Trump to carry out precisely the counter propaganda that, with this column, McCarthy has now joined.

Tom Bossert Brings You … Axis of CyberEvil!

I was struck, when reviewing the NYT article on the KT McFarland email, how central Homeland Security Czar Tom Bossert was to the discussion of asking Russia not blow off Obama’s Russia sanctions.

“Key will be Russia’s response over the next few days,” Ms. McFarland wrote in an email to another transition official, Thomas P. Bossert, now the president’s homeland security adviser.

[snip]

Mr. Bossert forwarded Ms. McFarland’s Dec. 29 email exchange about the sanctions to six other Trump advisers, including Mr. Flynn; Reince Priebus, who had been named as chief of staff; Stephen K. Bannon, the senior strategist; and Sean Spicer, who would become the press secretary.

[snip]

Mr. Bossert replied by urging all the top advisers to “defend election legitimacy now.”

[snip]

Obama administration officials were expecting a “bellicose” response to the expulsions and sanctions, according to the email exchange between Ms. McFarland and Mr. Bossert. Lisa Monaco, Mr. Obama’s homeland security adviser, had told Mr. Bossert that “the Russians have already responded with strong threats, promising to retaliate,” according to the emails.

There Tom Bossert was, with a bunch of political hacks, undercutting the then-President as part of an effort to “defend election legitimacy now.”

Which is one of the reasons I find Bossert’s attribution of WannaCry to North Korea — in a ridiculously shitty op-ed — so sketchy now, as Trump needs a distraction and contemplates an insane plan to pick a war with North Korea.

The guy who — well after it was broadly known to be wrong — officially claimed WannaCry was spread by phishing is now offering this as his evidence that North Korea is the culprit:

We do not make this allegation lightly. It is based on evidence.

A representative of the government whose tools created this attack, said this without irony.

The U.S. must lead this effort, rallying allies and responsible tech companies throughout the free world to increase the security and resilience of the internet.

And the guy whose boss has, twice in the last week, made googly eyes at Vladimir Putin said this as if he could do so credibly.

As we make the internet safer, we will continue to hold accountable those who harm or threaten us, whether they act alone or on behalf of criminal organizations or hostile nations.

Much of the op-ed is a campaign ad falsely claiming a big break with the Obama Administration.

Change has started at the White House. President Trump has made his expectations clear. He has ordered the modernization of government information-technology to enhance the security of the systems we run on behalf of the American people. He continued sanctions on Russian hackers and directed the most transparent and effective government effort in the world to find and share vulnerabilities in important software. We share almost all the vulnerabilities we find with developers, allowing them to create patches. Even the American Civil Liberties Union praised him for that. He has asked that we improve our efforts to share intrusion evidence with hacking targets, from individual Americans to big businesses. And there is more to come.

A number of the specific items Bossert pointed to to claim action are notable for the shoddy evidence underlying them, starting with the Behzad Mesri case and continuing to Kaspersky — which has consistently had more information on the compromises we blame it for than the US government.

When we must, the U.S. will act alone to impose costs and consequences for cyber malfeasance. This year, the Trump administration ordered the removal of all Kaspersky software from government systems. A company that could bring data back to Russia represents an unacceptable risk on federal networks. Major companies and retailers followed suit. We brought charges against Iranian hackers who hacked several U.S. companies, including HBO. If those hackers travel, we will arrest them and bring them to justice. We also indicted Russian hackers and a Canadian acting in concert with them. A few weeks ago, we charged three Chinese nationals for hacking, theft of trade secrets and identity theft. There will almost certainly be more indictments to come.

The Yahoo case, which is backed by impressive evidence, was based on evidence gathered under Obama, from whose Administration Bossert claims to have made a break.

And this kind of bullshit — in an op-ed allegedly focused on North Korea — is worthy of David Frum playing on a TRS-80.

Going forward, we must call out bad behavior, including that of the corrupt regime in Tehran.

Especially ending as it does with a thinly disguised call for war.

As for North Korea, it continues to threaten America, Europe and the rest of the world—and not just with its nuclear aspirations. It is increasingly using cyberattacks to fund its reckless behavior and cause disruption across the world. Mr. Trump has already pulled many levers of pressure to address North Korea’s unacceptable nuclear and missile developments, and we will continue to use our maximum pressure strategy to curb Pyongyang’s ability to mount attacks, cyber or otherwise.

I mean, maybe dirt poor North Korea really did build malware designed not to make money. But this is not the op-ed to credibly make that argument.

The “Insurance” Text Explained: A Debate on How Urgently to Investigation Trump’s Russian Ties

WSJ has the fascinating explanation for Peter Strzok’s August 15, 2016 “insurance” text that Republicans have been spinning into a grand scandal. Effectively, Strzok and Lisa Page were debating about how aggressively FBI should investigate Trump’s Russian ties. Page figured they could do so deliberately, and therefore avoid any risk they’d burn sources, because he wasn’t going to win. Strzok disagreed, arguing they had to investigate more aggressively in case he did win.

The text came after a meeting involving Ms. Page, Mr. Strzok and FBI Deputy Director Andrew McCabe, according to people close to the pair and familiar with their version of events. At the meeting, Ms. Page suggested they could take their time investigating the alleged collusion because Mrs. Clinton was likely to win, the people said.

If they move more deliberately, she argued, they could reduce the risk of burning sensitive sources.

Mr. Strzok felt otherwise, according to these people.

His text was meant to convey his belief that the investigation couldn’t afford to take a more measured approach because Mr. Trump could very well win the election, they said. It would be better to be aggressive and gather evidence quickly, he believed, because some of Mr. Trump’s associates could land administration jobs and it was important to know if they had colluded with Russia.

The investigation is telling for a number of reasons.

First, the comments came after just 7 of the 17 dossier reports — even assuming FBI got two reports dated August 10 immediately. Many of the most inflammatory ones — notably all the ones involving Michael Cohen — came after this. As WSJ notes, the text also comes four days after another Strozk one, dated August 11, exclaiming, “OMG I CANNOT BELIEVE WE ARE SERIOUSLY LOOKING AT THESE ALLEGATIONS AND THE PERVASIVE CONNECTIONS.” That’s probably not the dossier per se. But it may well be Paul Manafort’s burgeoning scandal; Manafort would resign August 19.

I’m also interested in how this plays with the report that Trump was warned Russians — and other countries — would try to infiltrate his campaign. The report is not that newsworthy; this kind of briefing is routine. But I wonder whether it’s coming out because the timing is of interest — perhaps in conjunction with Strzok’s increasing panic. I even wonder whether Strzok participated in the briefing.

All of which is to say that on this matter, Strzok and Page were not in agreement. Indeed, the text is actually a work debate about the tradeoff of guarding sources and methods and the urgency of excluding any compromised figures from joining Trump’s government.

Why Republicans Launched the GSA Email Attack Now

I think most people are missing the significance of why the Republicans launched their attack on the GSA over the weekend (this post is a summary of what we know, with updates).

That’s true, in part, because people are misunderstanding what the Trump for America team recently learned. It’s not — as many have claimed — that they only recently learned Mueller had emails beyond what TFA had turned over to Congress and through that to Mueller. As Axios reported, “Trump officials discovered Mueller had the emails when his prosecutors used them as the basis for questions to witnesses, the sources said.” That is, Mueller has been asking questions based off these emails for months.

The timing of this complaint — not the complaint itself — is key

What TFA only discovered last week, according to their letter, at least, is how Mueller obtained them — by asking, just like prosecutors reviewing government communications in the course of investigating possible violations of the Espionage Act always do, especially if the subjects of the investigation have access to classified documents.

We discovered the unauthorized disclosures by the GSA on December 12 and 13, 2017. When we learned that the Special Counsel’s Office had received certain laptops and cell phones containing privileged materials, we initially raised our concerns with Brandon Van Grack in the Special Counsel’s Office on December 12, 2017. Mr. Van Grack confirmed that the Special Counsel’s Office had obtained certain laptops, cell phones, and at least one iPad from the GSA – but he assured us that the Special Counsel’s investigation did not recover any emails or other relevant data from that hardware. During this exchange, Mr. Van Grack failed to disclose the critical fact that undercut the importance of his representations, namely, that the Special Counsel’s Office had simultaneously received from the GSA tens of thousands of emails, including a very significant volume of privileged material, and that the Special Counsel’s Office was actively using those materials without any notice to TFA.1 Mr. Van Grack also declined to inform us of the identities of the 13 individuals whose materials were at issue.

The government has great leeway to access government communications, as Peter Strzok, the former counterintelligence FBI Agent who just had his own communications leaked and then released to the world, would probably be all too happy to tell you. All the more so given allegations that files went missing from the Transition SCIF, just as Jared Kushner was talking about back channel communications with the Russians.

So what’s new is not that Mueller had the emails (about which no one has complained before). But that he obtained the email inboxes of 13 people, including Jared, from GSA without letting the Transition do their own review of what to turn over.

Trump’s team may face obstruction charges

As I made clear here, it appears that one reason the Trump people are so angry is that Mueller has probably caught them failing to turn over emails that are absolutely material to the investigation, such as KT McFarland’s “Thrown election” email. Whoever did these document reviews may now be exposed to obstruction charges for withholding such material, which in turn would give Mueller leverage over them for their own further cooperation.

[Update: I should have said, withholding emails will only be a problem if the Transition was otherwise obligated (say, by subpoena) to turn them over. Mueller did subpoena the campaign for a similar set of emails; but since he didn’t need to from GSA, he may not have here.]

Mueller has far more damning information on Jared than Trump’s folks expected

Just as importantly, Axios explicitly said the emails include Jared Kushner’s emails (indeed, given his public claims about how many people he spoke to during the transition, I wouldn’t be surprised if his was the email box that had 7,000 emails).

As I have shown, Jared has been approaching disclosure issues (at least with Congress) very narrowly, ignoring clear requests to turn over his discussions about the topic of the investigation, and not just with the targets of it. If Mueller obtained all his emails, he’d have those “about” emails that Jared purposely and contemptuously has withheld from others.

We know that Jared is a key interim Mueller target here (and Abbe Lowell’s search for a crisis communications firm to help sure suggests Jared’s defense team knows that too). We know he felt the need to explain how he went from responding to a personalized Vladimir Putin congratulatory email on November 9 to asking Dmitri Simes for Sergei Kislyak’s name.

Take, for example, the public statement prepared for testimony to congressional committees by the president’s son-in-law and adviser Jared Kushner. There, he revealed that on the day after the election, in response to a congratulatory email from Russian President Vladimir Putin, he asked the publisher of The National Interest, Dimitri Simes, for the name of Russia’s ambassador to the United States. “On November 9, the day after the election, I could not even remember the name of the Russian ambassador,” Kushner claimed. “When the campaign received an email purporting to be an official note of congratulations from President Putin, I was asked how we could verify it was real. To do so, I thought the best way would be to ask the only contact I recalled meeting from the Russian government, which was the ambassador I had met months earlier, so I sent an email asking Mr. Simes, ‘What is the name of the Russian ambassador?’”

We also know that Mueller’s team has expressed some skepticism about Kushner’s previous public claims — and I would bet money this includes that email.

CNN recently reported, however, that in an interview conducted in the weeks before Flynn’s plea deal, “Mueller’s team asked Kushner to clear up some questions he was asked by lawmakers and details that emerged through media reports.” So Mueller’s team may now have doubts about the explanation Kushner offered for his interest in speaking with Kislyak as one of the first things he did after his father-in-law got elected.

If Mueller has all Jared’s emails and those emails disclose far more about the negotiations with all foreign powers conducted during the transition (including with Bibi Netanyahu on settlements, but obviously also with Russia), and Trump’s people recognize those emails expose Jared to serious charges, then of course they’re going to complain now, as the expectation that Mueller might soon indict Kushner grows.

Mueller has an outline of places where Trump was personally involved

Most importantly, consider what those morons laid out: they want to claim that these emails from the transition period — emails they insist were not government emails — are protected by Executive Privilege.

The legal claim is ridiculous; as I and far smarter people have noted, you don’t get Executive Privilege until you become the actual Executive on inauguration day.

But that they made the claim is telling (and really fucking stupid).

Because that tells us which emails Trump officials believe involve communications directly with Trump. The KT McFarland email, which we know was written from Mar-a-Lago, is a case in point. Did they withhold that because they believe it reflects a conversation with Trump? If so, then we know that Trump was personally involved in the orders to Mike Flynn to ask the Russians to hold off on retaliating for Obama’s sanctions. It might even mean that the language attributed to McFarland — about Russia being the key that unlocks doors, efforts to “discredit[] Trump’s victory by saying it was due to Russian interference, “thrown elections,” and Obama boxing Trump in — is actually Trump’s own language. Indeed, it does sound like stuff he says all the time.

And given that the emails include “speculation about vulnerabilities of Trump nominees, strategizing about press statements, and policy planning on everything from war to taxes,” it might even reflect Trump’s own explanations of why — for example — he couldn’t nominate Flynn to be CIA Director because of his ties to Russia and Turkey.

In the wake of his plea agreement, Flynn’s surrogate made it clear that Trump ordered him to carry out certain actions, especially with Russia. That’s likely a big reason why, in the wake of the Flynn plea, Trump’s people are now squawking that Mueller obtained these emails, emails that may lay out those orders.

Heck. These emails might even reflect Trump ordering Flynn to lie about his outreach to Russia.

Maybe that’s why Trump’s aides have promised to demand Mueller return the emails in question.

All of which is to say, there are things about these emails that explain why this attack is coming now, beyond just a generalized effort to discredit Mueller. The attack is designed to discredit specific avenues of investigation Mueller clearly has in hand. And those avenues reveal far more about the seriousness of the investigation than anything Ty Cobb is willing to claim to appease the President.

That said, the attack is probably too little, too late.

Trump Appears to Have Withheld the KT McFarland Email about the “Thrown Election”

This post explains what appears to be the real reason for the fake outrage about Mueller obtaining information from GSA: by doing so, he appears to have obtained proof that the Transition was withholding emails material to the investigation. Go to this post for a more general summary of what we know about the claim. 

Here’s the letter that Trump For America lawyer sent to Congress to cause a big hullabaloo about how Robert Mueller obtained transition period emails. I unpacked it in this Twitter thread and commented on it in an update to this post.

But this passage deserves a separate post, because it seems to go to the heart of why the Republicans are spewing propaganda like this.

Additionally, certain portions of the PTT materials the Special Counsel’s Office obtained from the GSA, including materials that are susceptible to privilege claims, have been leaked to the press by unknown persons. Moreover, the leaked records have been provided to the press without important context and in a manner that appears calculated to inflict maximum reputational damage on the PTT and its personnel, without the inclusion of records showing that PTT personnel acted properly – which in turn forces TFA to make an impossible choice between (a) protecting its legal privileges by keeping its records confidential and (b) waiving its privileges by publicly releasing records that counteract the selective leaks and misguided news reports. In short, since the GSA improperly provided them to the Special Counsel’s Office, the PTT’s privileged materials have not only been reviewed privately by the Special Counsel’s Office without notification to TFA – they have also been misused publicly.

Kory Langhofer is insinuating — without quite risking the claim — that after GSA shared certain emails with Robert Mueller’s office, “unknown persons” leaked them to the press. The insinuation is that Mueller’s team leaked them.

I can think of just one set of emails that fit this description: emails from KT McFarland that provided proof that Mike Flynn lied to the FBI about his conversations with Sergei Kislyak on December 29, 2016. The NYT quoted extensively from them in a December 2 story.

Among other things, McFarland stated in the emails that Russia “has just thrown the U.S.A. election to” Trump.

On Dec. 29, a transition adviser to Mr. Trump, K. T. McFarland, wrote in an email to a colleague that sanctions announced hours before by the Obama administration in retaliation for Russian election meddling were aimed at discrediting Mr. Trump’s victory. The sanctions could also make it much harder for Mr. Trump to ease tensions with Russia, “which has just thrown the U.S.A. election to him,” she wrote in the emails obtained by The Times.

[snip]

Mr. Obama, she wrote, was trying to “box Trump in diplomatically with Russia,” which could limit his options with other countries, including Iran and Syria. “Russia is key that unlocks door,” she wrote.

She also wrote that the sanctions over Russian election meddling were intended to “lure Trump in trap of saying something” in defense of Russia, and were aimed at “discrediting Trump’s victory by saying it was due to Russian interference.”

“If there is a tit-for-tat escalation Trump will have difficulty improving relations with Russia, which has just thrown U.S.A. election to him,” she wrote.

Contrary to Langhofer’s suggestion, NYT made some effort to mitigate the damage of McFarland’s comment seemingly confirming the Trump team knew the election had been stolen, including speaking to a White House lawyer about it.

It is not clear whether Ms. McFarland was saying she believed that the election had in fact been thrown. A White House lawyer said on Friday that she meant only that the Democrats were portraying it that way.

And while NYT’s explanation that they got the emails “from someone who had access to transition team communications” certainly could include Mueller’s team among the culprits, it could also include GSA officials themselves or — even more likely — a former Trump official with a grudge. At least three were CCed on the email in question: Bannon, Priebus, and Spicer.

Mr. Bossert forwarded Ms. McFarland’s Dec. 29 email exchange about the sanctions to six other Trump advisers, including Mr. Flynn; Reince Priebus, who had been named as chief of staff; Stephen K. Bannon, the senior strategist; and Sean Spicer, who would become the press secretary.

In other words, Langhofer uses the leak as an excuse to suggest wrong-doing by Mueller, when other possibilities are far more likely.

But consider the other implication of this: Langhofer is suggesting that this email chain (which included no named active lawyers, nor included Trump directly, though they were written in Trump’s presence at Mar a Lago) is “susceptible to privilege claims.” He is further suggesting that GSA is the only way this email could have been released (ignoring, of course, the Bannon/Priebus/Spicer) options.

If that’s right, then he’s suggesting that Trump was involved in this email chain directly. There’s no reason to believe he was CCed. But since the emails were written from Mar-a-Lago, it’s likely he was consulted in the drafting of the emails.

In addition, Langhofer is also admitting that Trump’s team didn’t release these emails directly — at least not to Congress.

Emails which couldn’t be more central to the point of Mueller’s investigation.

Did the GOP just admit that Trump withheld this email? Because if so, it suggests the “thrown election” comment is far more damning than the NYT laid out.

Update: It’s not clear whether Mueller ever tried to obtain these records via GSA (though it’s possible FBI obtained emails before the inauguration). But this, from the letter, makes it clear at least Congress had made requests, which led TFA to try to take GSA out of the loop even though SCO had a document preservation request.

In order to comply with congressional document production requests, TFA ordered from the GSA electronic copies of all PTT emails and other data. Career GSA staff initially expressed concern that providing copies of PTT emails to TFA might violate a document preservation request that the GSA had received from the Special Counsel’s Office.

Withholding this email from Congress would be particularly problematic, as McFarland testified in conjunction with her now-frozen nomination to be Ambassador to Singapore that she knew nothing about Flynn’s communications with Kislyak. h/t SS

Update: Ah, this explains how Mueller was getting emails: via voluntary production, along with everything the Transition was giving Congress. Which means the email was withheld, and this October subpoena was an attempt to see whether they’d cough it up on their own.

Special counsel Robert Mueller’s team in mid-October issued a subpoena to President Donald Trump’s campaign requesting Russia-related documents from more than a dozen top officials, according to a person familiar with the matter.

The subpoena, which requested documents and emails from the listed campaign officials that reference a set of Russia-related keywords, marked Mr. Mueller’s first official order for information from the campaign, according to the person. The subpoena didn’t compel any officials to testify before Mr. Mueller’s grand jury, the person said.

The subpoena caught the campaign by surprise, the person said. The campaign had previously been voluntarily complying with the special counsel’s requests for information, and had been sharing with Mr. Mueller’s team the documents it provided to congressional committees as part of their probes of Russian interference into the 2016 presidential election.

[snip]

Mueller’s team had previously issued subpoenas individually to several top campaign officials, including former campaign chairman Paul Manafort and former national security adviser Mike Flynn.

[Correction: I’ve been corrected on this passage, which makes it clear this is about campaign emails, not transition ones. But I assume he made parallel requests for all three phases of Trump organization.]

Update: Mueller’s spox, Peter Carr, issued a statement saying, “When we have obtained emails in the course of our ongoing criminal investigation, we have secured either the account owner’s consent or appropriate criminal process.” Given what I’ve laid out here, I actually think “C” may have been the case:

  • Subpoena to Flynn, obtain voluntary compliance for specific things as well as evidence shared with Congress prior to August
  • In August (perhaps after being alerted to withheld documents by Priebus/Spicer/Bannon/Papadopoulos?) obtain emails from GSA, technically the device owners
  • In October, subpoena for Russian-related emails from the same ~13 people

Trump Transition Team Outraged To Be Treated as Transition Team!!

This is a general post on the GOP claim Mueller improperly obtained emails from ~13 Transition officials, updated as new news comes available. This post explains what is really going on: the Transition appears to have withheld emails — including the KT McFarland one referring to the election as having been “thrown” — and Mueller obtained proof they were withholding things. 

Both Fox News and Axios have pieces reflecting the outrage!!! among Trump people that they got asked questions about emails they thought they had hidden from Mueller’s investigation. Axios reveals that Mueller obtained the full contents of 12 accounts (Reuters says 13), one including 7,000 emails, from people on the “political leadership” and “foreign-policy team;” it says it includes “sensitive emails of Jared Kushner.”

Fox reveals that a transition lawyer wrote Congress today claiming that it was unlawful for government employees to turn over emails hosted on government servers for a criminal investigation.

A lawyer for the Trump presidential transition team is accusing Special Counsel Robert Mueller’s office of inappropriately obtaining transition documents as part of its Russia probe, including confidential attorney-client communications and privileged communications.

In a letter obtained by Fox News and sent to House and Senate committees on Saturday, the transition team’s attorney alleges “unlawful conduct” by the career staff at the General Services Administration in handing over transition documents to the special counsel’s office.

Officials familiar with the case argue Mueller could have a problem relating to the 4th Amendment – which protects against unreasonable searches and seizures.

Kory Langhofer, the counsel to Trump for America, wrote in the letter that the the GSA “did not own or control the records in question.”

But, Langhofer says, Mueller’s team has “extensively used the materials in question, including portions that are susceptible to claims of privilege.”

And Axios explains that the Trump people actually sorted through this stuff. “The sources say that transition officials assumed that Mueller would come calling, and had sifted through the emails and separated the ones they considered privileged.”

I’m really looking forward to hearing the full story about this, rather than just this partisan spin. For example, I’m interested in whether Mueller realized via some means (perhaps from someone like Reince Priebus or Sean Spicer — update, or George Papadopoulos) that the White House had withheld stuff that was clearly responsive to his requests, so he used that to ask GSA to turn over the full set.

I’m also interested in how they’ll claim any of this was privileged. The top 13 political and foreign policy people on the Trump team might include (asterisks mark people confirmed to be among those whose accounts were obtained):

  1. Pence
  2. Bannon
  3. Jared*
  4. Flynn*
  5. KT McFarland
  6. Spicer
  7. Priebus
  8. Nunes
  9. Sessions
  10. Seb Gorka
  11. Stephen Miller
  12. Hope Hicks
  13. Ivanka
  14. Don Jr
  15. Rebekah Mercer
  16. Kelly Anne Conway
  17. Rudy Giuliani
  18. Steven Mnuchin
  19. Rick Gates
  20. Corey Lewandowski
  21. Tom Bossert

Just one of those people — Sessions — is a practicing lawyer (and he wasn’t, then), and he wasn’t playing a legal role in the transition (though both Sessions and Nunes may have been using their congressional email, in which case Mueller likely would show far more deference; update: I’ve added Rudy 911 to the list, and he’d obviously qualify as a practicing lawyer). Though I suppose they might have been talking with a lawyer. But I would bet Mueller’s legal whiz, Michael Dreeben, would point to the Clinton White House Counsel precedent and say that transition lawyers don’t get privilege.

Furthermore, Trump wasn’t President yet! This has come up repeatedly in congressional hearings. You don’t get privilege until after you’re president, in part to prevent you from doing things like — say — undermining existing foreign policy efforts of the actually still serving President. So even if these people were repeating things Trump said, it wouldn’t be entitled to privilege yet.

Finally, consider that some of these people were testifying to the grand jury months and months ago. But we’re only seeing this complaint today. That’s probably true for two reasons. One, because Mueller used the emails in question (most notably, the emails between McFarland and Flynn from December 29 where they discussed Russian sanctions) to obtain a guilty plea from Flynn. And, second, because Republicans are pushing to get Trump to fire Mueller.

Update: I’ve added Pence, Don Jr., Ivanka, Hope Hicks, Kelly Anne Conway, Rudy Giuliani, Steven Mnuchin back in here.

Update: Here’s more from Reuters.

Langhofer, the Trump transition team lawyer, wrote in his letter that the GSA’s transfer of materials was discovered on Dec. 12 and 13.

The FBI had requested the materials from GSA staff last Aug. 23, asking for copies of the emails, laptops, cell phones and other materials associated with nine members of the Trump transition team response for national security and policy matters, the letter said.

On Aug. 30, the FBI requested the materials of four additional senior members of the Trump transition team, it said.

The GSA transfer may only have been discovered this week (probably as a result of Congress’ investigation). But the witnesses had to have known these emails went beyond the scope of what the transition turned over. And the request date definitely is late enough for Mueller to have discovered not everything got turned over, perhaps even from George Papadopoulos, who flipped in late July.

Update: One more thing. Remember that there were worries that transition officials were copying files out of a SCIF. That, by itself, would create an Insider Threat concern that would merit FBI obtaining these emails directly.

Update: Here’s a report dated June 15 on a transition lawyer instructing aides and volunteers to save anything relating to Russia, Ukraine, or known targets (Flynn, Manafort, Page, Gates, and Stone).

Update: AP reports that Flynn was (unsurprisingly) among those whose email was obtained.

Update: Here’s the letter. I unpacked it here. It’s a load of — I believe this is the technical term — shite. First, it stakes everything on PTT not being an agency. That doesn’t matter at all for a criminal investigation — Robert Mueller was no FOIAing this stuff. It then later invokes a bunch of privileges (the exception is the attorney client one) that only come with the consequent responsibilities. It then complains that Mueller’s team didn’t use a taint team.

Perhaps the craziest thing is they call for a law that would only permit someone to access such emails for a national security purpose — as if an espionage related investigation isn’t national security purpose!

Update: Chris Geidner got GSA’s side of the story. Turns out they claim the now dead cover up GC didn’t make the agreement the TFA lawyer says he did. In any case, GSA device users agreed their devices could be monitored.

“Beckler never made that commitment,” he said of the claim that any requests for transition records would be routed to the Trump campaign’s counsel.

Specifically, Loewentritt said, “in using our devices,” transition team members were informed that materials “would not be held back in any law enforcement” actions.

Loewentritt read to BuzzFeed News a series of agreements that anyone had to agree to when using GSA materials during the transition, including that there could be monitoring and auditing of devices and that, “Therefore, no expectation of privacy can be assumed.”

Update: Mueller’s spox, Peter Carr, issued a statement saying, “When we have obtained emails in the course of our ongoing criminal investigation, we have secured either the account owner’s consent or appropriate criminal process.”

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