Dowd And Out

John Dowd is not just a bull in a china shop, he is a raging bull in a china shop. He blows things up. Still, he is a longtime, and big time, defense lawyer. He can be more than abrasive, but, unlike Jay Sekulow, he is a serious lawyer. And now he is gone.

From the New York Times:

The president’s lead lawyer for the special counsel investigation, John Dowd, resigned on Thursday, according to two people briefed on the matter, days after the president called for an end to the inquiry.

Mr. Dowd, who took over the president’s legal team last summer, had considered leaving several times in recent months and ultimately concluded that Mr. Trump was increasingly ignoring his advice, one of the people said. Under Mr. Dowd’s leadership, Mr. Trump’s lawyers had advised him to cooperate with the special counsel, Robert S. Mueller III, who is investigating Russia’s election interference and possible ties to Trump associates as well as whether the president obstructed the inquiry.

Mr. Dowd’s departure comes as the president has made clear he is seeking a more aggressive response to Mr. Mueller’s investigation. The president has in recent days begun publicly assailing Mr. Mueller, a shift in tone that appears to be born of Mr. Trump’s concern that the investigation is bearing down on him more directly. He has also privately insisted he should sit for an interview with the special counsel’s office, even though Mr. Dowd believed it was a bad idea.

Mr. Trump now is veering toward the combative approach supported by his longtime personal lawyer, Marc E. Kasowitz, who stepped back last summer but was still in contact with the president occasionally over the past several months.

There are bulls in china shops, like Dowd, and then there is bullshit in the house. In this case, the White House. That would be Donald J. Trump.

When a client is so full of shit and uncontrollable that even John Dowd has had enough and gives up……then what?

What if that client is the President of the United States? Then what? And who is the real raging bull in the china shop? I always had a question as to how much Dowd was Trump’s “lead lawyer”. From the start.

But, if not Dowd, then who? Joe DiGenova?? Sekulow? Ty Cobb that was supposed to walk even before Dowd? Who do they got? And, you know, this question matters. Even “dream teams” need leaders. Johnnie Cochran could do that. Several others could too. But who does Trump have?

Three Things: Flying Moochin’ Mnuchin Air

Usually when I pull together a Three Things post they’re unrelated topics worth a quick look but not necessarily a full-blown post. This time these three things are related and I can’t write a post on each one because my blood pressure won’t handle it, thanks to Moochin’ Mnuchin.

~ 3 ~

Citizens for Responsibility and Ethics in Washington (CREW) recently FOIAd Treasury Secretary Steve Mnuchin’s travel data. You’ve probably heard by now about his use of military aircraft for eight trips costing nearly one million dollars. CREW looked at the regulations covering government travel and authorization for spending. Take the time to read their work, it’s worth the effort.

And then read the FOIAd records CREW shares, but only after you’ve taken your blood pressure medications and/or prepared for a tooth-grinding tension migraine. There were repeated indications to Mnuchin and staff these trips were expensive — one cost $26,953.33 when commercial airfare for the same trip was $688 per person.

It’s this trip which first made me do a double take, because Mnuchin’s plane was on the ground in Miami on June 15, 2017, for a mere two hours and 45 minutes or less.

Mnuchin traveled to Miami to attend the Conference on Prosperity and Security in Central America held at FIU’s campus, roughly 15 minutes by car from Miami International Airport. Assuming the travel times were prompt and on the mark, Mnuchin made it to the conference for a fucking two-hour lunch.

An institutionally-prepared $13,476-an-hour lunch.

But get this — here are the other U.S. attendees at this event:

U.S. Vice President Mike Pence, Secretary of State Rex Tillerson, Secretary of Homeland Security John Kelly, and Secretary of Treasury Steven Mnuchin co-hosted the Conference on Prosperity and Security in Central America in Miami, Florida on June 15-16, 2017 with Mexican Foreign Secretary Videgaray Caso, Interior Secretary Osorio Chong, and Secretary of Finance José Antonio Meade Kuribeña, and attended by President Jimmy Morales of Guatemala, President Juan Orlando Hernández of Honduras, and Vice President Oscar Ortiz of El Salvador. Other meeting participants included U.S. and Latin American private sector leaders, senior government representatives from Belize, Canada, Chile, Colombia, Costa Rica, the European Union, Nicaragua, Panama, and Spain, and leaders from the Inter-American Development Bank, the International Monetary Fund, and the World Bank. …

Mnuchin was a bloody co-host. Why did he not travel with one of the other co-hosts? Why did he have to commission his own military aircraft instead of tagging along with another cabinet member? Or even the vice-president?

Mnuchin’s use of military aircraft was repeatedly justified by the need for secure communications. The June 15 trip to Miami was one such occasion; a call on the return leg needed an aircraft on which persons without adequate security clearance would be traveling.

CREW noted this as well:

Two days before the scheduled departure, Treasury advised the FAA that “due to a new need to access to secured comms during this mission, which cannot be accommodated on the available aircraft, we are going to have to pull this mission down and will have to utilize another means of transport.” (UST 00024). The call was scheduled during the two and one-half hour return flight (UST 000063). The use of a military aircraft increased the cost of the approximately two-hour flight to $45,136 (UST 00003). In other words, a scheduling conflict that the Secretary apparently did nothing to avoid cost the government an additional $18,000. Of note, the five listed individuals on the manifest could have made the same trip on a commercial aircraft for approximately $3,440 (or $688 per person, UST 00001). …

Again, Mnuchin was a conference co-host. There were other cabinet members traveling to Miami. What was so bloody important that he couldn’t travel earlier with the rest of the U.S. co-hosts? Why did Mnuchin schedule a call needing secure communications two days before the trip?

And why over the last year was there repeated insistence on the availability of secure communications, unlike Mnuchin’s predecessors? What changed so dramatically about the Treasury Secretary’s job?

What might have been happening on June 15 about which Mnuchin knew more than 48 hours in advance?

~ 2 ~

Remember last year when I noted the odd timing of Jared Kushner’s unannounced, unpublicized trip to Saudi Arabia during which he had a pajama party of sorts with Crown Prince Mohammed bin Salman where they discussed who knows what?

It seemed quite the coincidence that Kushner arrived during Treasury Secretary Mnuchin’s publicized trip to Saudi Arabia. What incredible timing!

Except it wasn’t a coincidence. Our forgetful Boy Wonder was on the same goddamned military aircraft with Mnuchin, who had insisted on a military plane for access to secure communications.

Here’s a screenshot from page 57/126 (from document 2018-2-15-Production-redactions-applied.pdf via CREW), an amended request to White House by Treasury for mission support, required to obtain a military aircraft. Note the Requesting Principal and the trip’s purpose as well as the date, August 31:

Here’s a screenshot of page 59/126 from the manifest included with the same amended request:

Kushner isn’t mentioned in the request or the agenda except as a line item in the manifest; he appeared to be included in every leg of this trip, including a visit to United Arab Emirates and Qatar. There’s an awful lot of redacted material related to this trip, too, big swaths blanking out what could be entire emails or attachments.

Worth noting the FOIAd documents dated July 25 reflect this Middle East trip was originally scheduled for September; by August 31 the trip has been pushed back to October. The mission requested a plane with secure communications capability from the first, which does make sense in this case given the level of discussions being held between Treasury Department, Saudi Arabia, UAE, and Qatar.

But the frequent insistence on secure communications capability and Kushner’s presence on this October trip spawns several questions: is the use of military aircraft a flying backchannel? Is Mnuchin equally invested in the use of a backchannel?

Was this trip really another negotiation related to the blockade of Qatar and was Kushner involved for that reason? Is this why his presence wasn’t openly communicated?

~ 1 ~

And then there’s the possibility Moochin’ Mnuchin took his spouse, our generation’s Marie Antoinette, for a vacation in Edinburgh, Scotland and other European locations using one of our military aircraft. I may have an aneurysm if I don’t stop here. Just look at the itinerary on page 66/126 and tell me what you make of it. I can’t find coincident formal events scheduled for Scotland or Italy, or for virtual attendance during this trip’s time frame. CREW reported the trip was their goddamned honeymoon (modifying epithet all mine).

Did Mnuchin and Linton seriously tie up a military aircraft so they could go walkabout in Scotland? Let me guess Linton is a big fan of the premium cable show Outlander and she wanted to take in the show’s shooting locations. The sole argument presented for the use of our military aircraft is “to be able to monitor issues [redacted], and participate in scheduled [redacted]” and the need for access to secure communications.

Don’t we have an undersecretary or a deputy to do whatever [redacted] so Mnuchin can take his honeymoon on his own time, on his own dime? Or is [redacted] something in which nobody else should be involved?

Go ahead and argue this trip request says it’s a “reimbursable mission.” This request is dated August 1, and his trip was from August 3 through August 12. This means our government personnel had to drop everything else they were doing during what is traditionally a short-staffed month and scramble to get this aircraft and crew and flight plan together for his damned honeymoon.

I suppose I should be less surprised by this wasteful crap bordering on theft after Mnuchin unnecessarily flew by military plane with the same high maintenance prima donna spouse to Fort Knox, just in time on August 8 to observe the rare complete solar eclipse.

I’m still suspicious of Mnuchin’s need for an entire bloody military plane and crew for his honeymoon so he has access to secure communications. Again, is this a flying backchannel he’s using? Does his wife have a security clearance necessary to hear whatever it is that’s so secret that he has to do it while on his honeymoon?

~ 0 ~

This is an open thread. Bring your pitchforks and torches.

Shorting the US-DPRK Meeting [UPDATED]

[NB: Update at the bottom. / ~Rayne]

At 5:08 pm ET / 7:08 am Tokyo / 6:08 am Shanghai / 1:08 am Moscow time, Trump tweeted:

Kim Jong Un talked about denuclearization with the South Korean Representatives, not just a freeze. Also, no missile testing by North Korea during this period of time. Great progress being made but sanctions will remain until an agreement is reached. Meeting being planned!

At 7:49 pm ET / 9:49 am Tokyo / 8:49 am Shanghai / 3:49 am Moscow time, Press Secretary Sanders tweeted:

[email protected] greatly appreciates the nice words of the S. Korean delegation & Pres Moon. He will accept the invitation to meet w/ Kim Jong Un at a place & time to be determined. We look forward to the denuclearization of NK. In the meantime all sanctions & maximum pressure must remain

The stock market in Tokyo looked like this in response:

And Shanghai’s stock market looked like this:

Chinese investors have been bullish this week; the news about Trump meeting Kim Jong-un hasn’t really fazed them yet though if someone in the SSE Index knew about the announcement early enough, they could have made money shorting an index fund.

Japanese investors aren’t happy, which was predictable. It took them a bit to digest the news but they don’t appear comfortable. If someone knew about the announcement early enough, they could have made some money in the Nikkei using shorts.

Barring any other big news with international impact, I think we’ll see similar reactions as the sun rises over successive markets in the west. Again, somebody could probably make some money.

Call me cynical, but I think this anticipated US-North Korea meeting is just another means for making somebody cash.

Like investors with cash positions after dumping steel and aluminum bets last week — wouldn’t be surprised if they shorted Asian index funds overnight, and maybe EU and US funds in the morning local time.

UPDATE — 1:40 PM EST —

Note the markets at 9:30 am ET / 2:30 pm London / 3:30 pm Paris and Frankfurt / 5:30 pm Moscow time:


I proved I would be complete fail at shorting in US markets if I wasn’t immersed in market news; I missed the impending release of jobs data which skewed the NYSE. The FTSE (London), CAC 40 (Paris), and DAX (Frankfurt) all waited patiently to see what the NYSE would do on open. I suspect the difference between European market upticks and NYSE open time I’ve indicated is due to early trading in the U.S.; some brokerage accounts allow trades an hour or two before open.

In hindsight I wonder if the Hang Seng didn’t react like Tokyo because of a more closed market and less open media?

How interesting, though, that MICEX (Moscow) looked more like the Hang Seng throughout its day, hmm?

And imagine what one could do if they had advance indication of U.S. employment figures. If only all this was as harmless as watching Dan Akroyd and Eddie Murphy try to short orange juice futures on the CBOE in Trading Places (video excerpt, 1983).

Open Thread: All in the Families?

This is an open thread dedicated to this morning’s news. By now many of  you have heard that Alex van der Zwaan, a lawyer at mega-lawfirm Skadden, Arps, Slate, Meagher & Flom, was charged today by Team Mueller for making false statements while answering questions about his work for the Ukrainian Ministry of Justice in its case against Ukraine’s former prime minister Yulia Tymoshenko.

The “materially false, fictitious, and fraudulent statements and representations” arose from questions about interactions related to Paul Manafort’s partner Rick Gates and “Person A.”

[insert blogger’s laugh] Gee, I wonder who Person A could be? *

You can read the short and sweet court filing here (pdf).

These folks from Team Mueller signed the filing: Andrew Weissman, Greg Andres, Kyle Feeny, Brian Richardson. Add them and this assignment to Marcy’s bingo card

Richardson is a new name, which Marcy noted, already wondering if he is Mystery Prosecutor 17? She’ll probably elaborate in a separate post.

For a little background on Skadden Arps’ relationship to Ukraine, see this this NYT piece from September 21 last year: Skadden, Big New York Law Firm, Faces Questions on Work With Manafort

There was related legal news last autumn — emphasis on related.

Alfa Bank co-owners German Khan, Mikhail Fridman, and Peter Aven filed suit last October against Fusion GPS and Glenn Simpson claiming the Steele dossier was defamatory. Their reputations were “gravely” damaged as the dossier indicated they were engaged in criminal activity with Russia’s president Vladimir Putin.

Khan just happens to be van der Zwaan’s father-in-law. It’s a small world, yes?

It’ll be amusing if the Mueller-led investigation ends up unintentionally corralling multiple families.

* EDIT — 1:30 pm EST — I meant to add that  Andrea Manafort Shand, Paul Manafort’s daughter, was an associate at Skadden Arps-Washington DC office. I haven’t seen anything to suggest she’s involved in any way with today’s charges or that she’s Person A but stranger things have happened. Like the leaking of hacked text messages between Manafort’s daughters which have not been disavowed.

– – – – –

In case you missed it this morning, Marcy was on Democracy Now this morning, talking about the Mueller probe and the IRA indictment last Friday.

A transcript isn’t up as I type this but the video and audio are up on the main site under the Daily Show at the right side of Democracy Now’s homepage. I’ll add a link to the transcript as it becomes available.

Have at it!

 

Nothing Happens in a Vacuum: Diplomatic Scuffles and Academic Speeches in Moscow

In front of a brick building one pre-dawn summer morning, a security guard tackled a man as he walked toward the entrance after exiting a cab. The security guard slammed the man onto the building’s concrete steps, choking him as he restrained the man. The man managed to open the door and gain partial egress into the foyer without use of his hands while the guard continued to choke him.

The guard was Russian.

The man was an American.

The building was the U.S. Embassy in Moscow.

The two-man scuffle happened June 6, 2016, exactly one month before Trump campaign foreign policy adviser Carter Page would view the EUFA Portugal vs. Wales semi-final match at a Morgan Stanley-hosted event in Moscow.

On June 26, WaPo’s Josh Rogin wrote about increasing harassment of U.S diplomats across Europe by Russia. Episodes included breaking into diplomats’ homes and stalking diplomats’ children. Norm Eisen, U.S. ambassador the Czech Republic from 2011 to 2014, called this harassment “gray war.”

On June 29, Rogin wrote about the June 6 scuffle; the American was not identified by name or by employment. He may have been a diplomat or a spy under diplomatic cover; different sources gave different possible explanations.

But the guard who beat up the American was an FSB employee. The American’s shoulder was broken; the severity of his injuries required a flight out of Russia for urgent medical care.

On June 30, Foreign Ministry Spokesperson Maria Zakharova issued a statement* and claimed WaPo, the U.S. State Department and ‘special services’ had spread false information about the June 6 event. The FSB guard acted when the American didn’t show his ID; further, the “police officer on duty was attacked” and can be seen in surveillance video.

On July 7, Josh Rogin wrote that Congress had begun to investigate the June 6 event, concerned the FSB guard’s actions violated the Vienna Convention on diplomatic relations. The Obama administration had refused comment though State Department’s John Kirby said the Russian’s statements were “inaccurate” while administration officials quietly briefed members of Congress about the episode.

This same day Carter Page gave a speech at the New Economic School in Moscow, the day after he attended the EUFA semifinals viewing party, meeting Rosneft’s Directer of Investor Relations Andrey Baranov, Gazprom Investproekt’s CEO Oleg Nagovitsyn, Russia’s Deputy Prime Minister Arkady Dvorkovich, and members of the Duma. A video of Page’s speech is uploaded that day to YouTube by a think tank.

On July 8, RT (Russia Today) publishes on YouTube a tightly edited excerpt from a surveillance camera videotape which captured the June 6 scuffle. The FSB guard clearly had the upper hand from the moment he slammed the unnamed diplomat to the concrete.

This same day Carter Page would give a commencement speech at the New Economic School; it, too, is captured on video and uploaded to YouTube, though not until months later.

How odd that it took a little over a month for RT to acquire the video and upload it to their YouTube channel.

How odd that RT never asked Carter Page, a foreign policy adviser, what he might recommend to Trump to prevent future “gray war” events like the June 6 scuffle.

How odd that the “gray war” episodes which concerned Republican members of Congress so much are now inert about the sanctions they placed on Russia, with little concern for the effect on NATO.

“The problem is there have been no consequences for Russia,” said Rep. Mike Turner (R-Ohio), who serves as president of the NATO Parliamentary Assembly. “The administration continues to pursue a false narrative that Russia can be our partner. They clearly don’t want to be our partner, they’ve identified us as an adversary, and we need to prepare for that type of relationship.”

What changed since June 2016 besides the presidency?

* Open with caution; link is to a Russian government site.

 

[Photo: Emily Morter via Unsplash]

Ruin a Movie with a Name: Get Carter (Page)

[Get Carter by MGM c. 1971]

[NB: As always, check the byline before reading. ~Rayne]

After all the Nunes memo hubbub and the impending Democratic counterpart, erstwhile Trump campaign adviser Carter Page looks sketchier than ever after TIME reported this past Saturday that Page characterized himself as an “informal advisor to the Kremlin” back in 2013.

The FBI warned Page that same year that he was being recruited by spies; Page blew them off. During the following year the FBI obtained a FISA warrant on Page.

Page thought the FBI had retaliated against him — he knew his blow-off was pretty arrogant — but as much as he asked for trouble by saying they should focus on the Boston bombing, then as now, the body of his actions asked for more scrutiny.

Let’s take a step or two back and take a look at the bigger picture surrounding Page; the timeline here is a work in process and will be updated.


2010 — In New York City, Russian spies Igor Sporyshev, Victor Podobnyy, and Evgeny Buryakov began work on several economics-related objectives on behalf of Russia’s SVR ‘Directorate ER’; their efforts started shortly after guilty pleas by members of Russian ‘Illegals’ spy ring and their expulsion.

14 DEC 2012 — Bipartisan Magnitsky Act (Pub.L. 112–208) passed and signed into law.

XX JAN 2013Carter Page met Podobnyy in New York City at an Asia Society meeting where the topic was China and Chinese energy development. (specific date TBD).

2013 — Podobnyy and Sporyshev attempted to recruit Page. Special agents with the FBI’s New York Field Office Counterintelligence Division surveilled and investigated spies and Page.

XX JUN 2013 — FBI interviewed Page about his contacts with Russians and cautioned him he was being recruited (specific date TBD).

25 AUG 2013 — In a letter this date sent to an academic press, Page refers to himself as “an informal advisor to the staff of the Kremlin.”

13 APR 2013 — In response to the Magnitsky Act, Russian lawmakers banned 18 Americans from entering Russian Federation, including Preet Bharara, a judge and 12 other DOJ/DEA personnel from the Southern District of New York. Russia also barred adoptions of Russian children by U.S. citizens.

2014 — FBI obtains a FISA warrant to monitor Page‘s communications (specific date TBD).

26 JAN 2015 — Russian spy Buryakov arrested; he had non-official cover as an employee of Vnesheconombank. Igor Sporyshev and Victor Podobnyy had already left the country; both had diplomatic immunity. Case was under U.S. Attorney Preet Bharara’s office for Southern District of New York. Page‘s identity was masked and appeared in the complaint against the spies as “MALE-1.” (See Buryakov, et al complaint (pdf))

DEC 2015 — George Papadopoulos began work for Ben Carson’s presidential campaign as a foreign policy advisor.

Late 2015 — New York’s GOP chair Ed Cox was in contact with Page. It is not clear from Page‘s testimony how this contact occurred; Page uses the word volunteered more than once.

JAN 2016 — Page had at least one meeting with campaign officials based on his contact with Ed Cox; in his HPSCI testimony he said he met Corey Lewandowski. Page was an unpaid adviser. Unclear from testimony if Sam Clovis had Page sign an NDA now or later in the campaign, before the July trip to Moscow.

FEB 2016 — Papadopoulos left Carson’s campaign.

Early MAR 2016 — Sam Clovis recruited Papadopoulos to work for Trump’s campaign as a foreign policy advisor.

06 MAR 2016 — Clovis relayed to Papadopoulos that “a principal foreign policy focus of the campaign was an improved U.S. relationship with Russia,” according to court records related to Papadopoulos’ eventual indictment. Clovis later denied saying this.

14-21 MAR 2016 — Prof. Joseph Mifsud met twice with Papadopoulos; Mifsud brought to the second meeting “Olga” who posed as Putin’s niece.

XX MAR 2016 — Page had breakfast in “March-ish” timeframe with Sam Clovis in Falls Church, VA to discuss NDA and “general foreign policy topics.”

21 MAR 2016Page joined Trump campaign as one of five foreign policy advisors, including George Papadopoulos.

MAR-APR 2016 — Dialog continued between Papadopoulos, Mifsud, Olga Vinogradova (referred to as Olga Poloskaya in some earlier reports). [link, link]

24 MAR 2016 — Papadopoulos sends an email copying campaign foreign policy advisers and Sam Clovis, offering to set up “a meeting between us and the Russian leadership to discuss US-Russia ties under President Trump.”

28 MAR 2016 — Article: Donald Trump Hires Paul Manafort to Lead Delegate Effort

26 APR 2016 — Papadopoulos learned the Russians had “dirt” on Hillary Clinton consisting of “thousands of emails.”

05 MAY 2016 — Trump is the presumptive GOP presidential nominee. Page emailed fellow foreign policy adviser Walid Phares and J.D. Gordon, asking them to contact him via cell phone or iMessage, adding “P.S. I forgot to mention that I also have the Middle East staple of [redacted]* as well. So that’s another global connectivity alternative if you want to get in touch there.” (* Believed to be the name of a regionalized communications system. See testimony transcript (pdf).)

16 MAY 2016Page sent an email to Walid Phares and J.D. Gordon, suggesting that Trump visit Russia  (see testimony transcript (pdf)).

24 MAY 2016Page emailed J.D. Gordon: “FYI: At the Newark Sky Club, Delta has a private room when you can have a confidential conversation, but, unfortunately, no such luck at Third-World LaGuardia. So I’ll mostly be on the receive mode, since there are a significant number of people in the lounge. Rather than saying too much, I’ll just refer to the seven points on my list which I sent last night.” (see testimony transcript (pdf)).

26 MAY 2016 — Page emailed J.D. Gordon and another foreign policy team member, Bernadette Kilroy, letting them know he will be speaking at the New Economic School’s commencement alongside Russia’s Sberbank’s chair and CEO  (see testimony transcript (pdf)).

27 MAY 2016Page may have met Paul Manafort associate Rick Gates at Trump’s North Dakota speech event (see testimony transcript (pdf)).

Early JUN 2016Page called Putin “stronger and more reliable than President Obama” and “touted the positive effect a Trump presidency would have on U.S.-Russia relations” according to attendees of a meeting of campaign foreign policy team members with India’s Prime Minister Modi. Modi’s trip was five days long, beginning June 8.

09 JUN 2016 — Trump Tower meeting between Donald Trump Jr. and Natalia Veselnitskaya et al., ostensibly about Russian adoptions.

XX JUN 2016 — After back-and-forth and an initial refusal with Corey Lewandowski, J.D. Gordon, and Hope Hicks, Page finally  obtains approval from Lewandowski to travel to Russia as a campaign team member (specific date TBD). In HPSCI testimony there is an exchange about an email he sent asking for feedback about the speech he was going to give in Moscow; same email mentions Russia’s Minister of Economics and Trade Herman Gref was expected to speak at the same event.

30 JUN 2016 — On the Thursday before his Moscow trip Page attended a dinner meeting at the Capitol Hill Club in DC at which both Sen. Jeff Sessions and George Papadopoulos were present and seated next to each other. Page testified to HPSCI this is the last time he saw Papadopoulos, and that he (Page) wasn’t going to Russia as part of the campaign team.

05 JUL 2016Page‘s trip to Russia. (05-09 JUL 2016; in his HPSCI testimony he said he left Sunday night, which would have been July 3.)

06 JUL 2016 — In his HPSCI testimony Page admits to meeting Rosneft’s Directer of Investor Relations Andrey Baranov at a Morgan Stanley-hosted Europa football event as well as [redacted] Nagovitsyn* of Gazprom; he also admitted to having a 10-second exchange with Russia’s Deputy Prime Minister Arkady Dvorkovich as well as meeting members of the Duma. (* This may be Oleg Nagovitsyn who in 2014 had been CEO of Gazprom Investproekt, a subsidiary entity; Nagovitsyn has been elevated to General Director of Gazprom if this is the same Oleg.)

07 JUL 2016Page gave a speech at New Economic School; his speech is critical of U.S. foreign policy. He testified that the school paid for his expenses. (video)

08 JUL 2016Page attended and gave commencement speech at New Economic School graduation.  (videoPage avoided answering journalists’ questions both days regarding officials Page may have/will meet with in Russia. Page emailed campaign advisers Tera Dahl and J.D. Gordon, telling them he would send them “a readout soon regarding some incredible insights and outreach I’ve received from a few Russian legislators and senior members of the Presidential administration here.”

14 JUL 2016 — Page praises fellow foreign policy advisers and campaign team members J.D. Gordon, Walid Phares, Joseph Schmitz, Bert Mizusawa, Chuck Kubic, and Tera Dahl for their work changing the GOP platform on Ukraine.

18-21 JUL 2016Page spoke with Russian Ambassador Sergey Kisylak during the Global Partners in Diplomacy event  associated with the RNC Convention in Cleveland (specific date TBD).

19 JUL 2016 — Former MI6 intelligence officer Christopher Steele wrote a memo about Page‘s July trip to Moscow. Steele’s intelligence said Page met with Rosneft’s Igor Sechin and Russian Internal Affairs minister Igor Diveykin.

U.S. received intelligence that Page met with Igor Sechin, Putin associate, former Russian deputy prime minister, and executive chairman of Rosneft, but it isn’t clear whether this intelligence is based on Steele’s dossier alone and/or if disinformation involved.

After 22 JUL 2016 — Australia’s Ambassador to the U.S. Joe Hockey disclosed to the FBI that diplomat Alexander Downer learned from George Papadopoulos the Trump campaign had “dirt” on HRC in the form of emails.

XX JUL 2016Page had dinner alone with Sam Clovis some time after the July trip to Moscow.

05 AUG 2016 — Article: Trump adviser’s public comments, ties to Moscow stir unease in both parties; includes a profile of Page. Hope Hicks characterized Page as “informal policy adviser.”

19 AUG 2016 — Paul Manafort resigns from the campaign two days after Trump’s first security briefing. Steve Bannon assumes Manafort’s role for the campaign.

26 AUG 2016 — Sen. Harry Reid sent a letter to FBI Director James Comey asking for the investigation of Russian hacking and influence on the 2016 election with publication of findings. Reid cited the example of an unnamed Trump adviser “who has been highly critical of U.S. and European economic sanctions on Russia, and who has conflicts of interest due to investments in Russian energy conglomerate Gazprom, met with high-ranking sanctioned individuals while in Moscow in July 2016…” (link)

XX AUG 2016 — Page said he sold his ADR shares in Gazprom this month, approximately five months after joining the campaign; it’s not clear whether this sale happened before or after Sen. Reid’s letter (see written testimony (pdf)).

XX AUG 2016 — Page traveled to Hungary and met with the ambassador to the US; the ambassador had already met Page at the RNC convention. They discussed U.S.-Russia policy as it affected Hungary — “in general,” according to Page‘s testimony.

23 SEP 2016 — Article: U.S. intel officials probe ties between Trump adviser and Kremlin.

25 SEP 2016Page wrote to Comey and asked him to end the investigation into his trip to Russia (see written testimony).

26 SEP 2016Page left Trump campaign.

Mid to Late SEP 2016 — After discussing the matter with Fusion GPS’ Glenn Simpson, Christopher Steele metwith the FBI in Rome to share what he had learned about the Trump campaign and related Russian efforts. Steele was concerned there was a crime in progress; some of his research shared included information about Page‘s interactions with key Russians during his July trip.

21 OCT 2016 — FISA warrant on Page obtained.

24-OCT-2016 — Page did an interview with Russian media outlet RT on its Going Underground program. Program host and Page characterized Page‘s status as “on leave” from the campaign. Page‘s written testimony shared that Wikileaks and leaked emails “tangentially came up.” (video, uploaded to YouTube on 29-OCT-2016.)

08 NOV 2016 — Election Day.

08 DEC 2016 — Page took another trip to Russia; Arkady Dvorkovich stopped by a dinner Page attended and said hello according to Page‘s testimony (specific date TBD). Page also met Shlomo Weber again; he had lunch with Andrey Baranov, a bank analyst with Bank of America/Merrill Lynch, and a third person whose names were redacted at Page‘s request. He had a laptop with him at the lunch which he said he used to share his speech and slides for another academic presentation. The Kremlin’s spokesperson, Dmitri Peskov, said there were no plans to contact Page yet managed to see Page just before a television interview.

XX DEC 2016 — On the return leg to the U.S., Page stopped in London to attend an energy conference. While in London he met with a Russian national, Sergey Yatsenko, in London on return from Moscow; they talked about opportunities in Kazahkstan related to the country’s privatization process and the sovereign wealth fund, Samruk Kazyna. They were joined by the Kazahk ambassador to the U.K. and an aide.

10 JAN 2017 — BuzzFeed published 35 pages of the dossier Steele prepared for Orbis under contract to Fusion GPS.

Mid JAN 2017 — Jones Day LLP, White House counsel Don McGahn’s former law firm, communicated with Page, instructing him not to depict himself as a representative of the campaign. Steve Bannon conveyed a similar message by text to Page.

XX JAN 2017 — In an interview with ABC News, Page said he didn’t meet with any Russian officials on behalf of Trump campaign or with Igor Sechin (specific date not clear in ABC’s report).

18 JAN 2017 — Deadline, FISA renewal required (before inauguration).

19 JAN 2017 — Article: Intercepted Russian Communications Part of Inquiry Into Trump Associates; Page along with Paul Manafort and Roger Stone have become subjects of an investigation.

20 JAN 2017 — Inauguration Day.

31 JAN 2017 — Trump nominated Maryland’s U.S. Attorney Rod Rosenstein as Deputy Attorney General.

31 JAN 2017 — Page told ABC News’ Brian Ross he never talked to anyone in the Kremlin about the campaign during his July trip, “not one word.”

15 FEB 2017 — Interview: Former Trump adviser says he had no Russian meetings in the last year

JUDY WOODRUFF:
Did you have any meetings — I will ask again — did you have any meetings last year with Russian officials in Russia, outside Russia, anywhere?

CARTER PAGE:
I had no meetings, no meetings.

I might have said hello to a few people as they were walking by me at my graduation — the graduation speech that I gave in July, but no meetings.

02 MAR 2017 — Interview: Page: ‘I don’t deny’ meeting with Russian amb.; Page admitted meeting Russia’s Ambassador Kislyak during the campaign.

04 MAR 2017 — Corey Lewandowski told Fox News, “I never met Carter Page.”

11 MAR 2017 — Preet Bharara fired by USAG Jeff Sessions.

11 MAR 2017Page sent a letter to the HPSCI asking to be interviewed in a public hearing. His letter coincided with letters from Paul Manafort and Roger Stone who both volunteered to be interviewed.

03 APR 2017 — ABC News and BuzzFeed contacted Page about his role as MALE-1 in Buryakov et al spy ring case ((see written testimony (pdf))

13 APR 2017Page told ABC News’ George Stephanopoulos that he “said hello briefly to one individual, who was aboard member of the New Economic School where I gave my speech” during his July 2016 to Moscow. He also hedged as to whether he had any discussion of sanctions while in Russia.

05 APR 2017 — Evgeny Buryakov was released from prison on March 31 and expelled from the U.S. days later; he had been credited with time served while in custody against his 2.5 year sentence. His deportation shortened his sentence by a couple of months.

~19 APR 2017 — Deadline, FISA renewal required (specific date TBD).

25 APR 2017 — Rod Rosenstein confirmed by Senate as Deputy Attorney General.

28 APR 2017 — Senate Intelligence Committee sent a letter to Page along with Mike Flynn, Paul Manafort, and Roger Stone asking for records related to the campaign, including a “list of all meetings between you and any Russian official or representative of Russian business interests which took place between June 16, 2015, and Jan. 20, 2017.”

05 MAY 2017 — Senate Intelligence Committee chair and vice chair sent a joint statement to Page to insist on his cooperation with their investigation.

09 MAY 2017 — FBI Director James Comey fired.

21 MAY 2017—Page requested appealed to the DOJ, FBI, NSA for disclosure of “information, applications and other materials related to my illegitimate FISA warrant” (see written testimony (pdf)).

~18 JUL 2017 — Deadline, FISA renewal required (specific date TBD).

04 OCT 2017 — HPSCI issued a subpoena to Page.

10 OCT 2017Page informed the Senate Intelligence Committee he would plead the Fifth Amendment and not testify in front of the SIC.

30 OCT 2017 — Excerpt from interview with MSNBC’s Chris Hayes suggests Page expected House Speaker Paul Ryan to release the FISA warrant documentation (video, about 06:57):

HAYES: Did you bring an attorney to you when you spent five hours before the Senate?

PAGE: Nope. Nope. I’m very, very open and happy to give all the information I can. In the interest of really getting the truth out there, because I think when the truth comes out, when Speaker Paul Ryan says the FISA warrant or the details about the dodgy dossier and what happened and all this documents around that is going to be released, that’s what I’m really excited about. And I think the truth will set a lot of people free.

02 NOV 2017 — In testimony submitted to the House Permanent Select Committee on Intelligence, Page said he briefly met Russian Deputy Prime Minister Arkady Dvorkovich during his July trip. Page pleaded the Fifth Amendment on some of the materials responsive to the HPSCI’s subpoena.

14 NOV 2017 — Jeff Sessions testified before the House Judiciary Committee; he said he did not remember seeing Page at the June 30, 2016 dinner with campaign team members, nor did he recall any communications about Page‘s trip to Moscow.


Again, this is not a complete timeline of Trump-Russia events, let alone a complete timeline of everything Carter Page. It captures some key points from just before the FBI became aware of Carter Page through the release of the Nunes’ memo Friday last week.

From a comprehensive meta level, the push operation to release the Nunes memo — driven in part with help from Russian bots promoting #ReleaseTheMemo, complementing Page’s request for the FISA warrant documentation — looks less like an effort to remove Robert Mueller as special counsel or Rod Rosenstein as U.S. Deputy AG.

As others have suggested, Page looks like an expendable mule and/or a decoy — a perfect fit for a perfect useful idiot.

The entire picture reflects a more comprehensive effort to attack the USDOJ apart from Jeff Sessions, and to undermine or obscure the opposition research process which included the Steele dossier.

And it looks more like Devin Nunes aided Putin’s continued attack against the U.S.’ Magnitsky Act, attempting to undermine law enforcement charged with executing this public law.

For all the concern that Page and other campaign team members might have talked about the sanctions with Russia, the Magnitsky Act is lost in the media buzz.

There are quite a few oddities about Page which should cause the average Joe to take pause. Why did Page join the campaign in March 2016 when Trump wasn’t the presumptive nominee until the first week of May after the Indiana primary? Did he just show up at the campaign’s doorstep via Ed Cox on his own or was he recruited/encouraged? Why wasn’t Page vetted more thoroughly by the campaign?

And why when he joined the campaign was he not expected to have already eliminated any conflicts of interest like his Gazprom ADRs? The financial conflict made Page an easily compromised mark even though both campaign and administration didn’t and don’t give a fig about ethics. It’s not clear how Page earns his keep; he testified he was living off his savings. Did he sell his ADRs only because he was low on cash? In other words, was he at risk for financial compromise?

(An aside: with Page’s relationships to Russian oil and gas community members, did Page buy or sell his ADRs on what might have been insider information? He didn’t do well if he sold in August 2016 but it’s not clear when and at what price he bought the ADRs to begin with.)

How did a guy with such thin credentials — he was awarded his doctorate in 2012 after his thesis was twice rejected — end up speaking not just once at the New Economic School but twice, giving the commencement speech? Not to mention his flaky personal style spies Podobnyy and Sporyshev noted years earlier. What was in his speeches that students, faculty, and distinguished guests alike needed to hear? Did someone at the New Economic School ‘review’ an electronic or hardcopy version of the speeches in advance? This is a question the HPSCI attempted to ask but didn’t receive a clear answer. Did a member of Russia’s government ‘review’ the speeches?

Why was there such a lag between Page’s trip to Russia and the FISA warrant given Page’s history?

Some pieces in this puzzle hint at other possible connections. Recall that Rosenstein — who has been involved in the FISA warrants since Comey was fired — was the US Attorney for Maryland. Pioneer Point, one of Russia’s compounds confiscated December 29, 2016 under sanctions related to hacking the DNC, is located on the water in Maryland.

Maryland was also home to a Manafort-related business SCG raided on May 11 last year. Has Rosenstein been kept preoccupied so that he would not be involved in anything related to either Pioneer Point or SCG? Who (if anyone) was nominated to replace Rosenstein in Maryland? Has the pressure on Rosenstein been two-fold — not just to discourage another extension of the FISA warrant on Page, but to keep him from looking too closely in what was once his backyard?

Key events from George Papadopoulos’ tenure with the campaign were included in the timeline for comparison between two foreign policy advisers working for the same campaign. What marching orders did these two receive from Clovis or other senior campaign team members? They’re off doing their own things but both generating trouble at the same time. Page’s open activities drew media attention; Papadopoulos’ efforts were not as visible to the public. Was this intentional? Why did the campaign need not one but two foreign policy advisers with fossil fuel-based energy backgrounds mingling with Russians? Were they both proof-of-concepts establishing back channel communications, testing approaches to see which would be more successful? Were there any other attempts at back channels via campaign team members?

And while we’ve been focused on these two advisers, at least three others continued their work for the campaign and possibly into the transition. What were they doing?

It’s worth reading the HPSCI transcript of Page’s oral and written testimony. He’s a lousy writer; his work borders on irrational. His oral responses during the HPSCI hearing are as bad if not worse. Of particular concern is his repetitive use of certain arguments and phrases which have been use at times by online provocateurs.

Other persons and issues aside, consider this particular excerpt in a report published about a month before the FBI obtained a FISA warrant on Page:

Page came to the attention of officials at the U.S. Embassy in Moscow several years ago when he showed up in the Russian capital during several business trips and made provocative public comments critical of U.S. policy and sympathetic to Putin. “He was pretty much a brazen apologist for anything Moscow did,” said one U.S. official who served in Russia at the time.

How could the FBI not have requested a FISA warrant given what we the public already knew about Carter Page once he left for Moscow last July?

[Photo by Piron Guillaume via Unsplash]

Another Kind of Recovery: Post-Maria Puerto Rico and Health Care Critical Infrastructure

I was away most of the last several weeks because I was recovering from surgery. I was lucky, not only because surgery fixed a life-threatening problem, but because I had IV bags and tubing for saline and pain medication.

lt doesn’t seem like this should be a big thing but it is for many critical health care situations. Imagine having major abdominal surgery, followed by days of post-surgery care. The pain could be debilitating without a continuous drip pain medication. Imagine the extra labor required to administer pain medication if automated IV drip feeds aren’t available.

Now imagine caring for an unconscious influenza patient suffering from dehydration. Imagine a ward filled with these patients, including children and elderly who may be difficult to hydrate by mouth. Imagine not having enough IV bags and tubing for a severe flu season.

No need to imagine this; hospitals have been dealing with this very shortage for more than a month. Some hospitals are administering Gatorade by stomach tube because they don’t have enough IV bags for hydration.

I hate to think of the challenges for patients in treatment for cancer and other long-term illnesses.

Why the shortage? It’s because Hurricane Maria affected the largest U.S. manufacturer of IV products. Baxter International’s three Puerto Rican plants make 44% of IV bags used in the U.S.

Most Americans aren’t aware 46% of Puerto Rico’s economy is manufacturing. Pharmaceuticals represent the lion’s share, including IV products. This industry represents 18,000 jobs, $40 billion in pharmaceutical sales, and $3 billion in federal tax revenues.

Hurricane Maria may have caused other pharmaceutical shortages. If so, production increases in other locations or substitutions remediated the effect. But there aren’t alternatives given IV products’ manufacturing concentration in Puerto Rico.

The Trump administration has done a pissy job handling post-Maria hurricane recovery in every respect. It almost looks personal, as if he’s punishing the island for a Trump-branded golf course’s failure.

But here’s the kicker: the Federal Emergency Management Agency says it’s done with emergency response in Puerto Rico. It’s pulling out though many residents are still without water and lights. Chalk it up to more bad faith on the part of this administration.

Why hasn’t the administration treated Puerto Rico’s pharmaceutical industry as critical infrastructure? The National Infrastructure Protection Plan (NIPP) lists health care as critical.

Is it because former President Obama’s Presidential Policy Directive 21 (pdf) established the NIPP? Trump has systematically unwound 20 or more Obama policy directives to date.

Trump’s proven he could give a rat’s patootie about brown-skinned people. If Trump mentions Puerto Rico in his SOTU speech tonight he’ll call federal response a success. FEMA gave him a news peg with ample time for his speech writer to stuff it into tonight’s hypocritical bloviating. He counts on the mainland blowing off Puerto Rico now the way it has sloughed off the island’s thousand-plus hurricane-related deaths.

But with the IV products shortage and the ongoing flu season’s severity, this indifference isn’t affecting only Puerto Ricans. It may already have cost lives while increasing health care costs here in the continental U.S.

Heaven help the rest of us if we face a mass casualty event or a pandemic before we fix Puerto Rico — and Trump.

A Bit about Dossiers: You’ve Been Eating this FUD for Years

NB: Note the byline — this is Rayne, with what might be another minority report.

Once upon a time in a nearby galaxy in the not-too-distant past, I worked in competitive intelligence. I gathered information about large technology companies’ competitors and summarized it into reports — dossiers, if you will. These firms made product decisions after reading these reports. Thanks to non-disclosure agreements I can’t tell you which companies or products, but know that if you are reading this you have been in contact with their goods and/or the long-term impact of their products and services.

The technology you’ve used or been in contact with has been shaped by these same dossiers.

My research was based on publicly available information. No sneaking around inside fence lines with false identification or hacking servers and networks to pry open locked-away goods. No flights overseas to slink through alleys into dark pubs with shady characters. I was armed with my native curiosity, a decent computer, both internet and library access, and a background in Fortune 500 report writing.

These companies took my work and used it in what is corporate warfare. It goes on around you every day, skirmishes and battles for your wallet and attention, volleys lobbed by hard and soft goods manufacturers and retailers, by firms selling services and intangibles. You think of this as marketing and often consciously blow it off.

Some of this corporate warfare is negative, openly bashing competitors based on comparative price and quality. But some of it is far more insidious; it attacks brands in a way designed to inspire long-term avoidance of entire product lines and brand names, and based on fairly flimsy information. Sometimes it’s just plain false — truly false misinformation and plausible disinformation.

But isn’t some of this fraud, you might ask? Hah-hah. Good luck proving it and making a case. Disinformation is particularly weaselly because it is plausibly true, plausibly deniable.

And I would bet dollars to donuts you’ve made tens and hundreds of purchasing decisions in your lifetime based on disinformation, perhaps even disinformation created from my dossiers. This is the point of corporate disinformation campaigns: to dissuade you from supporting their competition.

As a researcher I often ran into laundered information. For example, it might be disseminated as a small press release in another country in a language Americans don’t often bother to acquire any level of fluency. The press release may get picked up in another country, then by an English language media outlet which reports the content now two degrees from origin as news. Presto: what was once the direct output of a corporate entity is now news upon which buyers make decisions.

Is there media complicity here? Sure, to some degree; the point of origin may be lost and the first news outlets may not perceive the importance of information’s provenance because to them the origin is still visible; witness this week’s reporting by U.S. news outlets all ultimately relying on a single German business paper’s report. But the news media doesn’t bear all the culpability here. News consumers in the U.S. have been notoriously lax in validating content for decades.

It’s unsurprising given the antiquity of the admonishment, Caveat emptor. It has long been a problem that consumers of goods whether information or products and services must be more skeptical before committing their wallets and health, let alone their votes.

Social media has only made the job of laundering information even easier, between the number of washings platforms can offer and the automation of repetition, scale, and dispersion, all for a pittance. Over the last ten years the work I did as a researcher has become incredibly difficult; tracing the origin of a single piece of highly controversial or relatively arcane news originating overseas is like swimming against a mighty current.

And much of that current is deliberately crafted “alternative narrative” (pdf) — disinformation.

You may look askance at information laundering about products and services. Don’t. My own work was laundered not once but twice that I’m aware of. I wasn’t a marketing department employee at the firms which contracted competitive intel research. Nor was I an employ of the small firm contracted by these Fortune 100-1000 firms needing my services. That’s two removes and I am sure there was at least one more — the work I did was probably restated and re-presented internally, at a minimum.

Immaculate information conception — you were sold a bill of goods without knowing I was at the other end of the food chain. You never saw my fingerprints, heard my heels on the pavement, or caught a whiff of my perfume, even though in one way or another you have been touched in the last decade by decisions made based on my research.

~ | ~

You have been eating the FUD prepared for you — fear, uncertainty and doubt which gave you pause and made you choose something else. FUD has long been a tactic of technology companies; billions in sales have relied on its use. Entire industries have depended on it, created wholly from competitive intelligence dossiers like those I’ve prepared.

And yet concern trolls tell you Russia wasn’t a factor during the 2016 and that ‘fake news’ played no role whatsoever in Trump’s election? Bullshit. Russia’s culture and government make Silicon Valley look like pikers when it comes to the development and use of FUD. Social media and the decades-long reflexivity of right-wing media only served to weaponize Russia’s FUD against the U.S. We never saw it coming because we bought our own nonsense disinfo of American exceptionalism and western democracy’s inviolability.

Out there on the internet in either social media, public records, or leaked data is your voter records, disclosing your location, your state/congressional district/precinct, your voting habits; your vehicle records, your home address; your telephone number, your social media accounts and the network of family and friends and businesses with which you choose to associate. Add your purchasing habits from buyers’ loyalty cards and subscriptions, your fast food purchases when not made with cash. Your debts, whether your small business’ Dun & Bradstreet report, your mortgage, and now your personal credit record (thank you so much, Equifax). Your entire life can be digitally reconstructed to reveal your soft underbelly: what is it that makes you wake up at night in a cold sweat?

It takes little for corporations to identify and target you with an ad to make you doubt another company’s product. I don’t even have to weed through all sources I once mined and aggregated to tell them what you were thinking about Competitor X’s product Y. You’ve already told the world and the places you’ve connected to have shared it. There are simple algorithms to harvest what’s needed, quickly and cheaply.

You are not exceptional nor inviolable because you have been conditioned to exist in this information matrix. You have made little effort to pan golden fact from streams of manufactured information, too eager to swallow misinfo and disinfo because it’s easy — plausible, palatable, hits you right where you are most sensitive and vulnerable.

And yet concern trolls tell you a competing nation-state wouldn’t have used this against you, inserting FUD in a way that furthers their interests above our own, though trillions of dollars benefit at least one nation-state to do so? Though a competing nation-state’s disinformation campaign may have a very low benchmark of success, merely to dissuade you from wholeheartedly supporting restrictions against them?

Hah. Sucker. I have some technology to sell you.

~ | ~

Now here’s the part where I get annoyed with the friction over the Steele dossier. I have reasonable confidence in Steele’s findings. But this doesn’t put me in the same camp as folks who believe the dossier is gospel truth waiting to be decoded into trial-worthy evidence. My confidence separates me from those who pooh-pooh the dossier as ‘fake news’.

The fundamental problem with the public’s understanding of the dossier is the dossier’s utility. It is like the documents I prepared for technology companies — a competitive intelligence report, designed to inform its purchaser about the weaknesses and threats a competitor poses, or the most sensitive point where a competitor can be attacked. It’s not a full-blown SWOT analysis (strengths, weaknesses, opportunities, threats) as the dossier is an external view; it’s closer to an inverted SWOT looking at a competitor excluding any internal perception of the client and its place in the market. It also doesn’t have to be one hundred percent accurate — just reasonably close for the marketing equivalent of a grenade or a Daisy Cutter as the situation dictates.

The friction on the left exists because nearly everyone with a published opinion on the Steele dossier doesn’t see it as a marketing document which should have helped a purchaser develop the political equivalent of the Four Ps — product, placement, promotion (pricing doesn’t really work here, apart from ensuring messaging includes the opportunity costs of electing the right/wrong candidate).

The Clinton campaign nor the dossier-purchasing campaign before it would not necessarily take the Steele dossier as evidence in a legal sense, just as the marketing documents I prepared weren’t evidence. I didn’t get sworn statements and multiple corroborating witnesses to disclose what competing technology companies were doing; neither did Christopher Steele or his intermediary client(s) do this about candidate Trump. (It kind of runs up a flag to your targets when you ask a witness to swear out a statement in front of a notary — so much for gaining a competitive edge.) But just as the firms who bought my services trusted me to gather reasonably accurate information sufficient to make a marketing decision, so, too, did Steele’s clients trust him to do the same. (Just as an aside, it’s rather amusing so few ask how such trust is generated.)

In short, competitive intelligence dossiers are not evidentiary. They’re aggregations of reasonably accurate information for the purpose of making a marketing decision, whether the dossier’s user is a product, service, or a campaign. They help a client look forward. They aren’t designed to lock down and set in stone facts for retrospection. And in most cases, competitive intelligence dossiers try to capture a moving target; they work within a narrow time frame because the field can change rapidly.

Think about a technology company approaching someone like me today for competitive intelligence. What use would the dossiers I prepared years ago be today? They don’t capture the competitive environment in which products now go head to head. I can think of multiple competitors I followed and wrote about in my dossiers which no longer exist. In the technology sector, the landscape can change overnight. What in the Steele dossier has changed if a Trump competitor were to try and use it today?

Argue all you want about the Steele dossier. In the mean time, the competition has been drafting a more fluid dossier on us, shifting their information warfare, I mean, campaign to persuade us to their cause or to our detriment, serving up fresh, hot FUD you may all too willingly consume. For all you know, the friction itself is a direct result of disinfo-created FUD.

Three Things: Mit Handelsblatther

Let’s get some more pressing business out of the way and then we’ll get down to this alleged subpoena.

~ 3 ~

Calls — make them. We should all simply get used to making calls or sending faxes to our members Congress and other government officials on a regular basis. Our democracy has now shown us the error of believing in the vote alone; voting is the very minimum democracy requires. We simply have to do more.

Today we need to do more to protect Net Neutrality. We have less than two weeks to make an impression on the Federal Communications Commission, leaving them with no doubt the public wants Net Neutrality.

Contact the FCC — need a script? See @Celeste_pewter.

Contact your Senators — need a script for that too? Here you go.
The odds may not be in our favor given the intransigence of FCC chair Ajit Pai and two of the commissioners, but we can’t curl up and give in.

~ 2 ~

NBC’s Today Show won morning ratings after firing accused sexual harasser and abuser Matt Lauer this past week. Good fucking riddance to bad baggage.

Ah, but NBC only terminated him because Lauer represented a threat to the corporation’s bottom line. They really don’t give a flying fig about women, proved with their donations.

No corporation that gives a campaign donation to pedophile and political hack Roy Moore really cares about women. NBC and its parent corporation Comcast care far more about ending Net Neutrality and being on the prospective GOP senator’s good side. What flexible ethics — get rid of an abuser because he violates policy then donate money to another abuser.

Polling shows the race between pedophile Roy Moore and Democratic Party candidate Doug Jones is far too tight to feel comfortable. It’s within margin of error which is too easily gamed by voter suppression or other tactics. But I hope Jones kicks Moore’s ass on election day.

Sen. Jeff Flake kicked in a $100 donation to Jones, writing “Country above party” on the description line. It’s chump change but he’ll take some crap from the GOP over this now that the RNC has lost whatever remained of its spine and returned to financing their pedo candidate.

~ 1 ~

Now for Handelsblathering —

The first report I read Tuesday morning was by Bloomberg, which offered very little detail about the subpoena allegedly served on Deutsche Bank. Where was the subpoena served? The article didn’t say; it only said,

Mueller issued a subpoena to Germany’s largest lender several weeks ago, forcing the bank to submit documents on its relationship with Trump and his family, according to a person briefed on the matter, who asked not to be identified because the action has not been announced.

Caveat: Bloomberg has a nasty habit of updating their articles without leaving adequate evidence of the changes made. The graf excerpted above may not be exactly the same as the one I read on Tuesday morning.

We’ll assume service was made on Deutsche Bank in Berlin. When was the subpoena served? “Several weeks ago” the article said, which is horribly non-specific. I would personally guess this was less than a month ago or the journalists would have said “more than a month” or offer some other framing to extend the time beyond a month. “Several weeks ago” might fit the period of roughly 20 weeks since Trump was asked about special prosecutor Robert Mueller looking into his family’s finance’s (July 9) — but that’s a big stretch at nearly five months.

What niggled at me was the sourcing of Bloomberg’s piece — it relied almost wholly on German financial news outlet Handelsblatt. Its editor Daniel Schaefer referred to the story as “our scoop” on Twitter. Every report after Handelsblatt’s relied on the same story — or at least it isn’t clear in much later stories whether secondary news outlets called Deutsche Bank in Berlin and confirmed there was a subpoena served on them, or if they contacted Handelsblatt to confirm what their source had told them.

The sourcing looked too damned thin.

It didn’t help matters that the article is partially behind a paywall and in English at their global site and in German at their domestic site; nor did it help that the German language article is difficult to find.

Looking at Handelsblatt’s article on the global site, the wording seems odd; it might be due to differences between German and English but this first graf doesn’t seem like it.

Deutsche Bank has been served. US investigators are demanding that it provide information on dealings linked to the Trumps, sources familiar with the matter told Handelsblatt. The subpoena is part of a probe by special counsel Robert Mueller and his team to determine whether the president’s campaign was involved in Russian efforts to influence the US election.

“…[Has] been served. When have you last seen a statement as bald as this yet as unclear? ‘Served’ what — pie? The word ‘subpoena’ appears in the third sentence, and even at that point its use is odd. “…[part] of a probe” suggests there has been more going on in Berlin than just the handing over of documents on request.

And then Trump’s lawyer Jay Sekulow came out later in the day and denied there had been any subpoena served.

Reporters contacted Handelsblatt but by then it was well after business hours in Germany.

A reader at TalkingPointsMemo speculates that Deutsche Bank may not have been able to disclose any subpoena to Trump or his lawyer if a grand jury orders them not to do so, and that Sekulow may not have been told there was a subpoena for this reason.

I don’t know; do German banks follow U.S. grand jury instructions to the letter? Maybe this one does since it has been in trouble with the U.S. for money laundering and it wants to improve its credibility while reducing its exposure.

I have a another theory, though, thanks to researching the Volkswagen dieselgate scandal. VW’s executives used some weaselly language to imply they were not involved in decision making; the language used relied on American’s limited grasp of German and the ways in German could be manipulated to misrepresent the truth.

What I want to know is whether Germans use the word “subpoena” in the same way we do, or if they rely on either an EU legal term, or a German word equivalent. In other words, if someone asked the bank if a subpoena had been served, they may say no — but if they were asked if document production had been ordered (Dokumentenproduktion, perhaps?), they might say something very different.

This entire story seems off kilter, as if it were intended for a very narrow audience. Why did the Deutsche Bank leaker talk with Handelsblatt, the fourth largest Germany daily subscription newspaper and the biggest business news paper, versus a Sun-like tabloid Bild or the weekly Der Spiegel? Why was there a specific indication that both Melania and Ivanka as well as Jared Kushner had accounts with Deutsche Bank?

Something isn’t quite right. But then nothing’s been quite right since January 21.

~ 0 ~

That’s a wrap. Treat this like an open thread.

Photo: Pavan Trikutam via Unsplash

Three Things: The Reanimation of Nixon Among Them

Busy, busy week. Load up on the caffeine or stimulant of choice and let’s get cracking.

~ 3 ~

At 9:00 pm EST Saturday evening I posted:

Any time now I expect someone in the administration will not only say openly that Trump authorized the transition team to discuss dropping the sanctions, but that it isn’t illegal when the president does it.

This morning about 6:00 am EST in Axios:

John Dowd, President Trump’s outside lawyer, outlined to me a new and highly controversial defense/theory in the Russia probe: A president cannot be guilty of obstruction of justice.

The “President cannot obstruct justice because he is the chief law enforcement officer under [the Constitution’s Article II] and has every right to express his view of any case,” Dowd claims. (emphasis mine)

It’s like they dug up Nixon and reanimated him with a chatbot. No wonder the White House is infested with mice and insects.

~ 2 ~

The Tax Scam Bill isn’t yet legislation; we still have at least a couple chances to kill it. It will be up for a vote in the House today, under a Motion to Go to Conference. Call your representatives well before 6:00 p.m. and ask them to vote NO on going to conference. This bill should simply not proceed any further.

Did you know those GOP jackasses in the Senate actually added a tax on retail gift cards? If your employer gives your a grocery store gift card to buy a holiday ham, you could be taxed on it. If you tip your child’s caregiver with a retail gift card they could be taxed on it. What is wrong with these Dickensian jerks?

I’m not the only one who thought of Scrooge when Old Man Orrin Hatch complained about poor children who relied on CHIP health care, saying ““I have a rough time wanting to spend billions and billions and trillions of dollars to help people who won’t help themselves – won’t lift a finger – and expect the federal government to do everything.”

By the way, it was Hatch who added the retail gift card tax. Leave no meal to a poor child untaxed.

Need a little help with that phone call to your rep? See @Celeste_pewter — she’s got you covered.

~ 1 ~

Folks in Nevada need to take a cluestick to Senator Dean Heller after his execrable public townhall this weekend. His security goon squad first threatened a Stage 4 cancer patient, then threw her out along with an elderly woman with a broken arm. At least 10 attendees were ejected.

There’s video.

There are tweets.

There’s no escaping how bad the optics were; Heller wants this Tax Scam Bill for his oligarchic sponsors so badly he’ll step on the sick, injured, and elderly to get it. And then Heller doubled down on his monstrousness when asked if he’d read the Tax Scam Bill, tweeting, “Read it? I helped write it!”

It’s on you, Heller. This is your legacy. You said it, you wrote it.

~ 0 ~

Our celebration of emptywheel’s 10th anniversary continues. Watch for a post by Jim White midday today; Marcy is working on a super-sized post on all things surveillance. Stay tuned!

And if you can pitch in some rodent chow to keep the site’s squirrels on their treadmill, we’d appreciate it greatly.

This is an open thread — your off-topic comments are welcomed in this thread. Let’s kick some ass and take names this Monday morning.

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