July 7, 2020 / by 

 

Mike Pompeo Can Find Proof that Obama Addressed Ukrainian Corruption in Trump’s Joint Defense Agreement

Mike Pompeo had an unbelievably dickish interview with NPR’s Mary Louise Kelly this morning. In spite of the fact that Kelly alerted his staff she intended to ask about Iran and Ukraine, he complained when she turned to Ukraine. He falsely claimed he had defended everyone of his reports, including Marie Yovanovitch. And he reportedly accused Kelly of not being able to find Ukraine on a map (which she promptly did).

I was taken to the Secretary’s private living room where he was waiting and where he shouted at me for about the same amount of time as the interview itself.

He was not happy to have been questioned about Ukraine.

He asked, “do you think Americans care about Ukraine?”

He used the F-word in that sentence and many others. He asked if I could find Ukraine on a map. I said yes, and he called out for aides to bring us a map of the world with no writing. I pointed to Ukraine. He put the map away. He said, “people will hear about this.”

But the craziest thing might be Pompeo’s claim that President Obama did nothing to take down corruption in Ukraine.

Change of subject. Ukraine. Do you owe Ambassador Marie Yovanovitch an apology?

You know, I agreed to come on your show today to talk about Iran. That’s what I intend to do. I know what our Ukraine policy has been now for the three years of this administration. I’m proud of the work we’ve done. This administration delivered the capability for the Ukrainians to defend themselves. President Obama showed up with MREs (meals ready to eat.) We showed up with Javelin missiles. The previous administration did nothing to take down corruption in Ukraine. We’re working hard on that. We’re going to continue to do it. [my emphasis]

Pompeo has to say this, obviously, because a key Trump defense against impeachment is that Joe Biden was supporting, rather than combatting corruption. But a number of impeachment witnesses, including Marie Yovanovitch, explained at length the things Obama had done to combat Ukrainian corruption. It’s one of many reasons why Obama did not give lethal aid to Ukraine. Bruce Ohr, whom Trump has targeted for over a year, worked hard on the issue, too.

But the craziest part of this claim — that Obama did nothing to take down corruption in Ukraine — can be found in Trump’s own Joint Defense Agreement. There are two glaring exhibits of efforts taken under Obama to combat corruption: Dmitro Firtash, who was indicted for bribery by NDIL in 2013, is represented by Victoria Toensing and Joe DiGenova, who were consulting on Trump’s defense against the whistleblower complaint on October 8, 2019.

So, too, was Kevin Downing, Paul Manafort’s defense attorney. Manafort, of course, was ultimately found guilty of breathtaking corruption in Ukraine in an investigation that started in January 2016. Manafort lied to obstruct an investigation into what he was doing in a meeting on August 2, 2016, where he discussed how to get paid by several of his corrupt Ukrainian paymasters, shared his campaign strategy, and discussed how to carve up Ukraine to Russia’s liking; that investigation started just days later, on August 10, 2016.

In short, Obama’s DOJ opened a number of investigations into Ukrainian corruption. It just turns out that two of the most notorious defendants in those investigations are part of a Joint Defense Agreement with Pompeo’s boss.


How Many Other Grifters and Spies Have Incredibly Damning Recordings of Donald Trump?

In Lev Parnas’ interview with Rachel Maddow, he confirmed a previously reported story that in April 2018, he incited President Trump to try to fire Marie Yovanovitch by (falsely) telling Trump that the Ambassador was badmouthing him.

For days, Republicans have been dismissing such claims, in part by emphasizing that Parnas (like Trump) is under indictment.

It turns out that Parnas has receipts, in the form of a recording of the incident someone shared with ABC.

A recording reviewed by ABC News appears to capture President Donald Trump telling associates he wanted the then U.S. Ambassador to Ukraine Marie Yovanovitch fired – and speaking at a small gathering that included Lev Parnas and Igor Fruman — two former business associates of Trump’s personal lawyer Rudy Giuliani who have since been indicted in New York.

The recording appears to contradict statements by President Trump and support the narrative that has been offered by Parnas during broadcast interviews in recent days. Sources familiar with the recording said the recording was made during an intimate April 30, 2018 dinner at the Trump International Hotel in Washington, D.C.

Trump has said repeatedly he does not know Parnas, a Soviet-born American who has emerged as a wild card in Trump’s impeachment trial, especially in the days since Trump was impeached.

“Get rid of her!” is what the voice that appears to be President Trump’s is heard saying. “Get her out tomorrow. I don’t care. Get her out tomorrow. Take her out. Okay? Do it.”

On the recording, it appears the two Giuliani associates are telling President Trump that the U.S. ambassador has been bad-mouthing him, which leads directly to the apparent remarks by the President. The recording was made by Fruman according to sources familiar with the tape.

[snip]

Parnas appears to say: “The biggest problem there, I think where we need to start is we gotta get rid of the ambassador. She’s still left over from the Clinton administration,” Parnas can be heard telling Trump. “She’s basically walking around telling everybody ‘Wait, he’s gonna get impeached, just wait,” he said.

According to the Daily Beast, Igor Fruman made the recording.

A recently-indicted associate of Rudy Giuliani taped President Donald Trump calling for the firing of Ukraine Ambassador Marie Yovanovitch, according to the lawyer for a second Giuliani associate.

Joseph Bondy, a lawyer for Florida businessman Lev Parnas, told The Daily Beast that the recording was made by former partner Igor Fruman. Both men were arrested in October and charged with campaign finance violations.

TDB also quotes Fruman’s lawyer refusing to comment about the recording. That may be because he is in a joint defense agreement with Rudy Giuliani (and by association the President). Which means this recording came from someone else, either Congress or Parnas himself (though he has only modified the protection order for stuff on his own phones).

This is utterly damning for the President’s claims — which were transparently false — that he didn’t know Parnas.

But they’re also an indication of how easily Trump can be put into compromising situations. April 2018, when this exchange occurred, was just a month after Parnas and Fruman started buying their way into elite crowds with Donald Trump. It was weeks before they gave $325,000 to Trump’s SuperPAC (which, given that they are accused of buying this access in order to get Yovanovitch fired, sure looks like payoff). And they were reportedly doing this at the behest of a still as yet unnamed Ukrainian.

Yet they had to do little more than lie about Yovanovitch to get Trump to order that she be fired. While Republicans in the Senate may not give a damn, the video will, at a minimum, make it harder for Bill Barr to protect the president.

So on top of everything this does for Trump’s legal woes, this video raises real questions about who else has such damning recordings of Trump. Mar-a-Lago has already been demonstrated to be a nest of spying. And Trump has chosen not to bring handlers with him into key meetings with foreign leaders — including, but not just, Putin.

I promise you, this is not the only utterly damning recording of the President out there.

The question is what those who have such damning recordings are doing with the leverage they give over the President.


NSA Is Probably Withholding Details of the Alleged Burisma Hack from Congress

Over the weekend, Adam Schiff and other impeachment managers started alleging that the NSA is withholding information about Ukraine from the Intelligence Committees and impeachment team.

“And I’ll say something even more concerning to me, and that is the intelligence community is beginning to withhold documents from Congress on the issue of Ukraine,” Schiff said. “The NSA, in particular, is withholding what are potentially relevant documents to our oversight responsibilities on Ukraine, but also withholding documents potentially relevant that the senators might want to see during the trial.”

Schiff added: “There are signs that the CIA may be on the same tragic course. We are counting on the intelligence community not only to speak truth to power, but to resist pressure from the administration to withhold information from Congress because the administration fears that they incriminate them.”

An Intelligence Committee official later said, “Both the NSA and CIA initially pledged cooperation, and it appears now that the White House has interceded before production of documents could begin.”

Schiff had dropped the claim, at times, in his presentation to the Senate and to the press.

But in his stem-winding close last night, he mentioned the alleged Burisma hack in a way that strongly suggests that’s what NSA is withholding.

Now we just saw last week a report that Russia tried to hack, or maybe did hack, Burisma. Okay. I don’t know if they got in. I’m trying to find out. My colleagues on the Intel Committee, House and Senate, we’re trying to find out, did the Russians get in? What are the Russian plans and intentions? Well, let’s say they got in. And let’s say they start dumping documents to interfere in the next election. Let’s say they start dumping some real things they hacked from Burisma, let’s say they start dumping some fake things they didn’t hack from Burisma, but they want you to believe they did. Let’s say they start blatantly interfering in our election again, to help Donald Trump. Can you have the least bit of confidence that Donald Trump will stand up to them and protect the national interest over his own personal interest? You know you can’t.

Schiff’s speech was a planned show-stopper, climax, thus far, of the impeachment trial. It is highly unlikely Schiff included this mention, with the detail that he and both the Intelligence Committees are trying to figure out whether Burisma really got hacked, without very good reason.

But it also goes to the power of information war.

When NYT first reported that GRU had hacked Burisma, I had two thoughts.

The hackers fooled some of them into handing over their login credentials, and managed to get inside one of Burisma’s servers, Area 1 said.

“The attacks were successful,” said Oren Falkowitz, a co-founder of Area 1, who previously served at the National Security Agency. Mr. Falkowitz’s firm maintains a network of sensors on web servers around the globe — many known to be used by state-sponsored hackers — which gives the firm a front-row seat to phishing attacks, and allows them to block attacks on their customers.

“The timing of the Russian campaign mirrors the G.R.U. hacks we saw in 2016 against the D.N.C. and John Podesta,” the Clinton campaign chairman, Mr. Falkowitz said. “Once again, they are stealing email credentials, in what we can only assume is a repeat of Russian interference in the last election.”

[snip]

To steal employees’ credentials, the G.R.U. hackers directed Burisma to their fake login pages. Area 1 was able to trace the look-alike sites through a combination of internet service providers frequently used by G.R.U.’s hackers, rare web traffic patterns, and techniques that have been used in previous attacks against a slew of other victims, including the 2016 hack of the D.N.C. and a more recent Russian hack of the World Anti-Doping Agency.

“The Burisma hack is a cookie-cutter G.R.U. campaign,” Mr. Falkowitz said. “Russian hackers, as sophisticated as they are, also tend to be lazy. They use what works. And in this, they were successful.”

First, this attribution is not (yet) as strong as even the first attribution that GRU had hacked the DNC, to say nothing of the 30 non-government sources for that attribution since laid out in the GRU indictment and the Mueller Report. There’s good reason to remain cautious about this attribution until we get more than one not very well established contractor attributing the hack.

But to some degree, it doesn’t matter whether GRU hacked Burisma and whether they took documents with plans to leak them during the election. Indeed, disinformation may explain why this was an easily identifiable hack, whether done by GRU or someone else. Because the news that someone appearing to be GRU targeted Burisma in early November — when it was clear Trump would be impeached for extorting Volodymyr Zelensky to get dirt on Burisma — serves a clear purpose. It adds evidence that Trump is owned by Russia and, after the Senate doesn’t vote to remove him, will demonstration that Republicans don’t much give a damn that he is owned by Russia.

To be clear: There’s abundant evidence that Russia does have leverage over Trump, and more is likely to be forthcoming.

But that’s far more valuable, for Russia, if that’s public and if the Republicans in the Senate sanction it.

And that may explain why NSA is withholding the information, if indeed that’s what they’re withholding. In the same way that the FBI went to great lengths to withhold a letter they believed to be disinformation suggesting that Loretta Lynch would fix the Hillary investigation, information that appears to add to the already abundant case that Russia is in the tank for Trump. Given the stakes, that doesn’t justify it. But at this point, GRU wouldn’t need to hack Burisma for any point — the hack itself, in the middle of the impeachment investigation, is enough to lay a marker on Donald J. Trump.

He belongs to the GRU, the hack says, whether or not he does anything affirmatively to confirm that claim. But if the NSA is withholding that detail, it would seem to confirm the point.


Lev Parnas’ Own Delays Ensured His Evidence Couldn’t Be Considered in the House Investigation

In an update on discovery for Judge Paul Oetken, the government fairly predictably debunked Lev Parnas’ claim to have cooperated fully with prosecutors. They describe how Parnas delayed receiving that discovery, both by refusing to turn over the passwords for the devices seized by the government, and by waiting 16 days before providing the government a hard drive on which to obtain the evidence.

In a letter filed on January 20, 2020, counsel for defendant Parnas suggested that the Government has purposefully delayed the production of discovery to Parnas in order to frustrate his ability to comply with a subpoena or document request from the House Permanent Select Committee on Intelligence (“HPSCI”). Such a suggestion is baseless and completely belied by the facts. The two largest sources of delay with respect to the Government’s ability to produce the contents of Parnas’s devices to him—including an iPhone 11 that he produced (without objection from the Government) to HPSCI on January 12, 2020—are directly attributable to Parnas himself. First, Parnas declined to provide the password to his devices, which is of course his right, but which required the FBI to spend nearly two months unlocking the iPhone 11. The Government has yet to access many of the other password-protected devices seized from Parnas, although the FBI’s efforts to unlock them are ongoing. Second, when the Government did unlock several of Parnas’s devices in early December 2019, the Government asked Parnas’s counsel on December 3, 2019 to provide a hard drive on which to produce discovery, as the Government does in every case and with every defendant. However, Parnas’s counsel did not produce such a hard drive until December 19, 2019, shortly before the Christmas holiday, and more than two weeks after the Government had requested the drive. The Government produced the iPhone 11 to Parnas on December 31, 2019. However, Parnas’s counsel was unable to figure out how to open the device extraction on his own computer, so the Government made available a paralegal and technical expert—during the holidays—to sit with Parnas’s counsel to troubleshoot his technical issues. The Government has and will continue to work with defense counsel to facilitate each defendant’s access to discovery and to make discovery available as expeditiously as possible.

The type, source, and timing of the delay significantly debunks Parnas’ claims to want to be totally forthcoming in impeachment.

Consider the timing. Parnas was arrested on October 9 of last year. It took him some days to get a lawyer who wasn’t ordering him to take the fall for the President, but he did so by October 18. That was five days before Matt Gaetz — still in Trump’s good graces — stormed the HPSCI SCIF to try to delay ongoing depositions. On October 31, the House authorized an impeachment proceeding. On November 21, HPSCI voted to adopt the Democratic report on its investigation.

In a letter submitted to the court today, Parnas claims he first started asking for his discovery so he could respond to the House subpoena on November 6.

Between November 21 and 23, days after HPSCI wrapped up impeachment, Lev Parnas first started talking about cooperating. But even then, Parnas was offering deliberately erroneous stories about Devin Nunes’ interactions with him, reversing the relationship between himself, John Solomon, and Nunes, thereby hiding (as his most recently press blitz has downplayed) the extent to which he is orchestrating this echo chamber, not responding to it.

Even as Parnas was claiming, publicly and privately, he wanted to cooperate with HPSCI, he was delaying any such cooperation by withholding the passwords to his devices.

And all the while, FBI was working on breaking into his iPhone 11 — a phone that Parnas must have gotten just weeks before he was arrested, as it was only released on September 20 — for which he had refused to provide the password. (Note, nothing we have seen nothing that necessarily came off a phone purchased on September 20 or later, though we have seen a calendar entry for September 26. Though he presumably copied everything over.) Though, significantly, we now know the FBI is taking more time cracking Parnas’ other devices (thus far he has turned over the iPhone, an iPad, and a Samsung phone) than with the latest model iPhone, which the government has confirmed it cracked on December 3, meaning it took about 55 days to open.

That day, December 3, SDNY told Parnas’ lawyer that the content of some of the devices they had seized was available and he should come get it. Parnas provided the government with a thumb drive to get the contents of the phone, but not a hard drive.

The House voted out articles of impeachment on December 18.

It was the very next day when Parnas’ lawyers provided DOJ with a hard drive to obtain the first batch of discovery.

Parnas claims that because of technical problems, they ultimately used a thumb drive to get the phone contents, on December 31. Given other reports, that came after SDNY refused to have Parnas cooperate if he wasn’t willing to plead guilty to the main existing charge against him. Thereafter, his attorney moved quickly to ask to amend the protective order to share with HPSCI. That was on January 3, and they’ve made several deliveries since then.

Given competing complaints about the technical details for obtaining the phone, it seems both sides were to blame. The government may have also refused to provide the phone on a thumb drive to try to push him to cooperate.

Parnas’ delay may have stemmed from defense strategy. For example, a desire to try to plead out the case before going public like this. Parnas’ priority absolutely should be on minimizing his prison time.

There was a real delay that Parnas appears to have chosen, for whatever reason. Notably, Parnas happened to ensure, by taking 16 days to give the government a hard drive on which to obtain evidence, that he could not have received discovery to respond to his House subpoena until literally the day after the House voted out articles of impeachment. Parnas’ evidence may well be very useful — though in November and in his recent press blitz, he downplayed the degree to which he started this whole campaign in 2018, well before Rudy got involved, so it’s clear we’re not getting the full truth, and the delay may well have given him a way to cherry-pick what he provides to Congress.

Whatever he’s up to, Parnas has been stalling for time.

Update: In a new letter, Parnas makes clear that they tried to obtain just the iPhone on a thumb drive, right on December 3. Accordingly, I have updated this post to reflect that both sides blame each other.

  • At 5:39pm, Defense Counsel contacted the Government to confirm that our proposed request for the Court to order the Government to disclose when it had first cracked Mr. Parnas’s iPhone did not breach the protective order between the parties.
  • The Defense had made this request regarding the date of extraction in writing on January 1, 2, 4, 6, 10, 13, 2020, and by phone on a number of other occasions. Notwithstanding these multiple requests, the Government consistently refused to answer.
  • At 5:45, after speaking with AUSAs Donaleski and Roos by phone, per their request, we e-mailed them the parts of our letter that were potentially at issue. • At 6:15pm, AUSAs Zolkind and Roos returned our call, indicating they had no objection to the letter, and would be filing a discovery update letter addressing this issue in part. The call ended at 6:23pm.
  • At 6:19pm, while on the phone with AUSAs Zolkind and Roos, AUSA Donaleski filed the Government’s discovery update letter by ECF, including a self-serving footnote regarding the production of Mr. Parnas’ iPhone 11. In its letter, the Government still failed to identify with specificity when the phone had first been extracted.
  • At 6:41 pm, we filed the letter we had been discussing with the Government.
  • At 8:23pm, AUSA Donaleski filed another letter with the Court, complaining about our filing, and for the first time informing that the iPhone had been extracted on December 3, 2019.

 


Lev Parnas Says Bill Barr Should Recuse … But Doesn’t Say Why

In this post, I laid out why Lev Parnas’ current publicity tour may not be as insane, from a defense standpoint, as it seems. I laid out how Barr would have significant ability to protect potential co-conspirators of Parnas — starting with Rudy and extending to Rudy’s client. I explained how Barr’s veto authority over some of this might limit Parnas’ ability to cooperate his way out of his legal problems, and at the very least increases the chance he’s stuck holding the bag for various plots that include far more powerful people. Most interesting, however, were the ways Parnas hinted at but stopped short of implicating Barr in the plot by suggesting,

  • He had been told, by Rudy and others, they had spoken to Barr about all this
  • He had witnessed Rudy and others speaking to Barr about all this
  • He might have texts proving Barr’s involvement, but couldn’t remember whether that was the case or not

To be clear: Parnas is obscuring the degree to which he insinuated himself in Trump’s circles to make all this possible. He is pretending everything he did was ordered by powerful Americans, when the evidence suggests otherwise. So it might not serve justice for him to try to cooperate with prosecutors (because he could well be the most responsible). But I’m beginning to understand how pursuing this angle might be a reasonable defensive approach.

Today, Parnas’ lawyer Joseph Bondy just sent a request to Barr requesting his recusal, copying it to his docket.

It actually flubs the argument it tries to make about how impeachment relates to this criminal case, describing how both the July 25 Trump-Zelensky call transcript and the whistleblower complaint mention Barr over and over, without mentioning that Parnas and Igor Fruman were also incorporated in the whistleblower complaint by repeated reference to this article, which includes the influence peddling for which the grifters were already indicted. That is, the case is far stronger than this letter lays out, because both Parnas and Barr were named in the whistleblower complaint.

Worse still, this letter doesn’t talk about any of the things Bill Barr’s DOJ has done that obstructed full investigation of the complaint:

  • Scoping the assessment of the complaint to specifically avoid connecting the complaint to the investigation of Parnas and Fruman
  • Not sharing the complaint, as required by MOU, with the FEC, which would have led the FEC to tie the complaint to the pre-existing investigation it had of Parnas and Fruman
  • Getting OLC to invent reason to withhold the complaint from Congress, which if it had been successful would have prevented all investigation of these activites

In short, the actions of DOJ overseen by Barr, not just his mention in the complaint and ties to Victoria Toensing and Joe DiGenova, mandate his recusal. But for some reason (perhaps because that would be more aggressive than even Bondy is willing to go), Bondy doesn’t include those actions.

Most interestingly, Bondy doesn’t include any of the allegations Parnas had made publicly about Barr’s potential more direct role. Nor does he answer the question of whether or not Parnas has texts more directly implicating Barr.

What Bondy does do, in the wake of the press blitz he has choreographed, is note that “evidence has been brought to light linking you further to your long-time colleagues Victoria Toensing and Joseph DiGenova, as well as to Mr. Giuliani, which undoubtedly creates at least the public appearance of a conflict of interest.” I mean, there is, absolutely, the appearance of a conflict of interest, but Bondy was the one who brought all that evidence to light!

Finally, though, Bondy suggests, with uncertain veracity, that SDNY has done things that suggest a purported conflict has already harmed Parnas.

In addition to harmful perceptions, this conflict of interest appears to have caused actual harm to Mr. Parnas who, given delays in the production of discovery in his federal case, was rendered unable to comply with a duly-issued congressional subpoena in time for congressional investigators to make complete use of his materials or properly assess Mr. Parnas as a potential witness. Furthermore, prosecutors have, thus far, refused to meet with Mr. Parnas and to receive his information regarding the President, Mssrs. Giuliani, Toensing, DiGenova and others–all of which would potentially benefit Mr. Parnas if he were ever to be convicted and sentenced in his criminal case.

For better and worse, getting FBI to image a bunch of phones and return them to a defendant within three months including two major holidays is not that long a wait. It took two months before Special Master Barbara Jones first started making privilege designations in the Michael Cohen case (involving one of the same prosecutors), and that was an even more politically sensitive case than this one. So while mentioning the delay is useful for Democrats (especially when the Senate tries to refuse to hear Parnas’ testimony because it didn’t get turned over in time), and valuable from a defense standpoint as it lays groundwork for appeal, it’s not a real injury on the part of prosecutors.

With regards to prosecutors’ refusal to meet with Parnas about cooperating against his possible co-conspirators, as the WSJ reported yesterday, late last year Bondy failed to convince SDNY that Parnas was not — as accused in his indictment — directed by a still-unnamed Ukrainian official to try to oust Marie Yovanovitch.

At a meeting with prosecutors from the Manhattan U.S. attorney’s office late last year, people familiar with the matter say, Mr. Parnas’s attorney disputed that he pushed for the removal of the U.S. ambassador to Ukraine at the behest of a Ukrainian official—one of the charges in the campaign finance indictment.

This is another way of saying that Parnas is unwilling to plead to the allegations in the existing indictment, and may also suggest that while Parnas is happy to incriminate Rudy and his American buddies, he’s not willing implicate his original boss, whoever that might be. So prosecutors likely have good reason not to meet with Parnas to hear him implicate Rudy and friends (not least, because they already have this documentary evidence that implicates them anyway, and now Parnas is providing whatever testimony they might need on the Rachel Maddow Show).

Bondy is absolutely right: Bill Barr should have recused from this — and all review of the whistleblower complaint — back in August when it was clear he was named. Even assuming Barr took no action on any of this influence peddling, this goes well beyond just the appearance of conflict to known participation in known events — such as the meeting with Rudy that DOJ admitted to only last week after covering it up for months — that merit recusal.

But Bondy is also being less than candid with his letter, playing the public docket as much as he is making a real legal request.


Impeachment = Grounds for Firing

You’d think we were all in Newfoundland buried beneath multiple feet of snow given the blizzard of bullshit Trump and his reality TV cast have been spewing.

Like this idiocy on Twitter:

Many have speculated that Trump can’t read; the above tweet is one more piece of evidence in their favor, because he’s clearly not read the rather simple Articles of Impeachment.

He can read because in addition to typing stupid tweets he manages to scratch out legible crap on paper using a Sharpie pen, writ large enough that passing cameras can read it.

Like this piece of brilliance snapped on November 20:

[Photo: Mark Wilson, Getty Photos]

Sure, we believe you, big guy. You didn’t want a quid pro quo BUT you told Zelensky you want him to “do the right thing,” leaving the possibility of future cooperation hanging in the air and $35 million in U.S. aid allocated by Congress still undelivered the day before this note was Sharpied.

Not bribery. Not extortive at all, with hundreds of Ukraine’s citizens dying due to Russian aggression.

But Trump’s ethically-challenged brain trust has his back, issuing a letter rebutting the House’s impeachment. They claim he can’t be impeached because [—enter bullshit excuse du jour—].

Like Alan Dershowitz’s ridiculous claim that Trump didn’t do anything illegal and therefore can’t be impeached.

I pity every student Dershowitz ever taught; the credibility of their credits earned has been thrown into question now that Dershowitz has decided to backpedal on his positions held back in the 1990s when lying to Congress about a consensual blowjob was an impeachable offense.

One of the arguments consistently made by Trump, his consent-challenged attorneys, and the right-wing monkey horde is that impeachment nullifies the 2016 election.

Putting aside the legitimacy of an election questionably won with foreign interference he solicited right in front of the American public on camera, impeachment isn’t a criminal prosecution. It’s a Constitutional act by which the people through their representatives indict the president for “Treason, Bribery, or other high Crimes and Misdemeanors” — it’s not a nullification.

Can’t believe I’m actually posting anything by Cato Institute, but this fairly brief explainer is straightforward:

Using the power it alone possesses,the House of Representatives impeached Trump for high crimes and misdemeanors consisting of abuse of office and obstruction of Congress.

In Trump’s abuse of office he acted illegally; these acts may yet be prosecuted once he leaves office if they are still within statue of limitations:

There may be more illegal acts upon further investigation. We still don’t have all the details about the threat to former ambassador Marie Yovanovitch, for example.

The illegal acts themselves are not laid out in the Articles of Impeachment, offering instead only the high-level assessment that Trump invited foreign interference in the 2020 election for his own personal gain while damaging U.S. national security interests and in violation of his oath to faithfully execute the law. He obstructed Congress as they investigated his abuse of office.

The House was too kind by half, sparing him a detailed recitation of his illegal behaviors within the Articles.

A conviction by the Senate — unlikely as it is because its GOP majority is hapless and nearly as corrupt as Trump — won’t nullify the 2016 election. It would result in succession by Vice President Mike Pence, acknowledging both the election and the established order of succession.

And it would tell Trump what he truly deserves to hear for failing to do his job, that of faithful execution of this country’s laws, upholding the Constitution.

It’s a pity Trump and his legal minions refuse to accept the House has found ample grounds to tell Trump his work performance is unacceptable.

More than half of the U.S. don’t approve of Trump’s job performance as well. It’d be nice if the Senate GOP found a spine, convicted Trump, and told him in simple, familiar terms he knows all too well that he’s fired.


Trump Flunkies Trading Legal Relief for Campaign Dirt: Julian Assange and Dmitro Firtash

When we discuss Trump’s abuse of pardon authority, we generally talk about how he has used it to persuade close associates to refuse to cooperate or affirmatively obstruct investigations into him. If you believe Michael Cohen, Jay Sekulow floated group pardons early in the Mueller investigation before he realized it would backfire, but he did suggest Trump would take care of Cohen in summer 2017; Rudy Giuliani reportedly repeated those assurances after Cohen got raided in April 2018. Trump has repeatedly assailed the prosecutions of Paul Manafort and Roger Stone and suggested they might be rewarded with pardons for their loyalty. Trump has even suggested Mike Flynn might receive a pardon, which is good because his current attorney seems intent on blowing up his plea deal.

Even within the Mueller Report, however, there was a hint of a different kind of abuse of pardons. Trump was asked if he had discussed a pardon for Assange prior to inauguration day.

Did you have any discussions prior to January 20, 2017, regarding a potential pardon or other action to benefit Julian Assange? If yes, describe who you had the discussion(s) with, when, and the content of the discussion(s).

I do not recall having had any discussion during the campaign regarding a pardon or action to benefit Julian Assange.

Trump gave a typically non-responsive answer, claiming to not recall any such discussions rather than denying them outright, and limiting his answer to the campaign period, and not the transition period.

By the time Mueller asked the question, there was already abundant public evidence of a year-long effort on behalf of Trump’s flunkies to get Assange a pardon in exchange for mainstreaming his alternative version of how he obtained the emails he published in 2016. In the Stone trial, Randy Credico described how Stone reached out to Margaret Kunstler to initiate such discussions; that happened in late 2016.

At the very least, that suggests Trump’s flunkies were trying to reward Julian Assange for providing them dirt during the election. Sure, we don’t know whether those flunkies ran such proposals by Trump; we certainly don’t have the details about how Trump responded. But someone in Trump’s immediate orbit, Stone, moved to reward Assange’s actions by trying to get him immunized from any legal problems he had with the United States.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

With that in mind, consider these documents that Lev Parnas provided to HPSCI. Part of a set of notes that Parnas took last June while on a call from Rudy, it lays out what plan Parnas was supposed to present to Dmitro Firtash.

The idea was that Parnas would find a way to get rid of Lanny Davis as Firtash’s US lawyer on extradition, to be replaced by Joe DiGenova and Victoria Toensing. Meanwhile, Rudy would be in “DC” with a “package” that would allow him to work his “magic” to cut a “deal.” The package, it seems would involve relief from Firtash’s legal woes — an indictment for bribery in Chicago — plus some PR to make it possible for Firtash (whom just three months earlier Rudy was loudly accusing of having ties to the Russian mob) to do business in the US again. In exchange for totally perverting the US justice system so that a corrupt businessman could access the US market again, Rudy would get … bogus dirt about Joe Biden and a claim that somehow Ukraine’s publication of details on Paul Manafort’s corruption that Manafort knew about two months in advance improperly affected the 2016 election. Possibly, given other things Parnas said, it would also include a claim that Andrew Weissmann was asking Firtash for information on Manafort.

Remember: another of the oligarchs whom Manafort had crossed in the past, Oleg Deripaska, spent most of 2016 trying to feed up information to the FBI to get him indicted, even while tightening the screws on Manafort to get information about the Trump campaign. But Rudy Giuliani wants to suggest that asking Manafort’s former business partners for details of their work would be proof that Democrats cheated in 2016.

Regardless, these notes, if authentic, show that Rudy Giuliani believed he could make Firtash’s legal problems go away.

And all he would ask in exchange — besides a million dollars for his friends and another $200,000  for Parnas, chump change for Firtash — would be transparently shoddy propaganda to use to discredit the prosecution of Paul Manafort and hurt the reputation of Joe Biden.

Dirt for legal relief. A quid pro quo of a different sort.

Once again, there’s not yet any evidence that Trump’s flunkie — his ostensible defense attorney this time, not his rat-fucker — had looped Trump into this plot. Here, the legal relief would come via connections with Bill Barr (possibly with a nudge from the President), not Trump’s executive authority alone.

But in both cases, Trump’s closest associates appear to believe that the proper currency with which to obtain shoddy campaign dirt is legal relief.

As I disclosed in 2018, I provided information to the FBI on issues related to the Mueller investigation.


Lev Parnas Wouldn’t Reveal Whether He Has Receipts on Bill Barr

I suggested in this post that Lev Parnas appears to believe that how and when he was arrested was an attempt to silence him and force him to take the fall for Trump.

With that in mind, I want to reexamine why he might believe that coming forward now might help his defense.

Obviously, one thing he is trying to do — thus far unsuccessfully — is make it clear that in his actions regarding Ukraine, he is a co-conspirator with the President, Victoria Toensing, Joe DiGenova, and, of course, Rudy Giuliani. That doesn’t mean he didn’t insert himself into that role — by all appearances he did; that’s what his existing indictment is about, how he spent big money to insinuate himself into Trump’s immediate circle.

But since that time, Rudy, Toensing, and DiGenova took actions that might be deemed an overt act of a conspiracy. So did Trump, not least on July 25, 2019, on a call with President Zelensky. Implicating powerful Americans in his influence-peddling is particularly important because, if he can’t do that, he may be exposed to further charges. WSJ reports that, late last year, Parnas’ lawyer Joseph Bondy tried to convince prosecutors that Parnas did not “push[] for the removal of the U.S. ambassador to Ukraine at the behest of a Ukrainian official—one of the charges in the campaign finance indictment.” If Parnas can claim that anything he did after some point in 2018 — which otherwise might be deemed to be FARA violations, suborning perjury, Foreign Corrupt Practices Act violations, bribery, and more — he did with the approval of the President of the United States, he might be able to claim that those actions were the official foreign policy of the United States, which would basically be the same claim Trump is using to defend against impeachment.

None of that may matter, however, depending on what SDNY plans or is allowed to do.

After all, Barr had been briefed on this investigation since shortly after he was confirmed, probably indicating that SDNY deemed it a significant matter reflecting the sensitivities of an investigation into political figures including Pete Sessions, some Las Vegas politicians, Ron DeSantis, and the President’s SuperPAC. As such, Barr would receive advance notice before SDNY took steps against any of these political figures (and it would have to happen before pre-election blackouts kick in in August). The Criminal Division would need to approve any search or prosecution of an attorney, covering Rudy, Toensing, and DiGenova. Barr would have to approve any legal process targeting media figures like John Solomon or Sean Hannity, as he would have to approve their treatment as subjects of the investigation. And, just on Monday, Barr stated he will require Attorney General approval before DOJ or FBI can open a counterintelligence investigation into a presidential campaign (and Trump started his reelection campaign almost immediately upon inauguration).

In short, for SDNY to go after any of Parnas’ other known potential co-conspirators, aside from Fruman, Bill Barr or Criminal Division head Brian Benczkowski would have to approve.

That gives Barr veto power over including most of Parnas’ potential co-conspirators in an indictment with him. And he has made no secret that he was brought in to protect Trump from facing any legal consequences for his crimes.

For a time, it looked like Barr believed he couldn’t protect Rudy. But then Rudy loudly announced he had insurance.

“I’ve seen things written like he’s going to throw me under the bus,” Giuliani said in an interview with Fox News’ Ed Henry about the characterizations and comments made in the media about him and his relationship with the president. “When they say that, I say he isn’t, but I have insurance.”

And if Rudy’s actions are beyond legal sanction, then Parnas is left holding the bag, just like Michael Cohen appears to have been for hush payments he made on the orders of Trump. Indeed, while Parnas expressed some interest in cooperating with prosecutors, if prosecutors are barred from pursuing anyone more senior than Parnas, then there’s little for Parnas to offer.

Which brings us to Parnas’ expressed fear of Barr.

In the second installment of his Maddow interview, Parnas claimed he was doing all of this because he fears Barr — or deems Trump too powerful when he is protected by Barr.

PARNAS: The only reason – if you’ll take a look, and you know very well because you have been following, the difference between why Trump is so powerful now, and he wasn’t as powerful in ’16 and ’17 –

MADDOW: Uh-huh.

PARNAS: – he became that powerful when he got William Barr.

MADDOW: Yes.

PARNAS: People are scared. Am I scared? Yes, and because I think I`m more scared of our own Justice Department than of these criminals right now, because, you know, the scariest part is getting locked in some room and being treated as an animal when you did nothing wrong and – or when you’re not, you know, and that’s the tool they’re using.

I mean, just – because they’re trying (ph) to scare me into not talking and with God’s help, and with my lawyer next to me that I know will go bat for me no matter what, with the truth –

MADDOW: Yes.

PARNAS: – and I’m taking a chance.

That comment makes sense whether he believes Barr had him arrested to silence him or even just worries that Barr will protect everyone else. It would even make sense if — as is quite possible — Parnas is working for powerful Russians or Ukrainians who’ve been trying to control Trump by making him vulnerable.

There’s no doubt that abundant evidence can be shown that Barr is not just covering up, but actively obstructing any investigation into Trump’s actions. As I’ve noted repeatedly, Barr or one of his subordinates:

  • Scoped the assessment of the whistleblower complaint to ensure it wasn’t tied to the ongoing investigation of Parnas and Fruman in SDNY
  • Failed to share the whistleblower complaint with the FEC, which (if it were functional) could have imposed civil penalties for the illegal solicitation of campaign help
  • Had OLC invent a bullshit reason to withhold the complaint from Congress
  • Had Kerri Kupec exonerate Trump publicly, reportedly in response to a demand from Trump

Mind you, I’m the only one harping on this obstruction, but they’re still details that deserve more attention.

But that’s not how Parnas is focusing on Barr.

In his interview with Maddow, Parnas twice alleged that he had seen Barr receiving calls from Rudy and others on this stuff. First, he said that Rudy and Toensing and DiGenova had told him they were engaging Barr on this project.

MADDOW:  Did Rudy Giuliani tell you he had spoken to the attorney general specifically about Ukraine?

PARNAS:  Not only Rudy Giuliani. I mean, Victoria and Joe, they were all best friends. I mean, Barr was – Attorney General Barr was basically on the team.

He then expanded on that to say, first, that he witnessed conversations between the lawyers and Barr, and then, less convincingly, claimed that “Barr had to have known everything. I mean, it’s impossible.”

PARNAS:  I personally did not speak to him, but I was involved in lots of conversations that Joe diGenova had with him in front of me, Rudy had with him in front of me, and setting up meetings with Dmytro Firtash’s team. I was involved in that.

MADDOW:  Do you know if Rudy Giuliani was ever in contact with Mr. Barr, specifically about the fact that he was trying to get Ukraine to announce these investigations into Joe Biden?

PARNAS:  Oh, absolutely.

MADDOW:  Mr. Barr knew about it?

PARNAS:  Mr. Barr had to have known everything. I mean, it’s impossible.

MADDOW:  Did Rudy Giuliani tell you he had spoken to the attorney general specifically about Ukraine?

PARNAS:  Not only Rudy Giuliani. I mean, Victoria and Joe, they were all best friends. I mean, Barr – Barr was – Attorney General Barr was basically on the team.

Claiming “Barr had to have known everything,” while seemingly consistent with the public actions of Barr’s DOJ, is not going to be strong enough to get Barr, personally, in trouble.

Though it is worth noting that (in the same way that Devin Nunes unforgot speaking to Parnas as Parnas started rolling out receipts), CNN reported that Barr had attended a meeting where Rudy pitched the case of the Venezuelan paying for the grift long after he had to have known Rudy was under criminal investigation.

The Giuliani meeting at the Justice Department in September became public months ago in the wake of the arrest of two Giuliani associates, Lev Parnas and Igor Fruman, who were working on Giuliani’s Ukraine mission for the President.

Brian Benczkowski, assistant attorney general for the criminal division, issued a public statement at the time expressing regret for holding the meeting and saying he wouldn’t have met with Trump’s personal lawyer had he known about Giuliani’s role in the ongoing investigation.

But department officials didn’t mention then that Barr was also in the meeting. Barr was at the meeting for about 10 minutes and had dropped in to greet other lawyers who worked alongside Giuliani to represent the Venezuelan businessman, according to a Justice Department official. His presence is also notable because Justice officials have said he was briefed after taking office in February on the investigation by Manhattan federal prosecutors into Parnas and Fruman, and the connections with Giuliani.

There’s almost certain to be more, though. When Maddow asked Parnas whether he knew whether Barr ever spoke with any of the Ukrainians that Parnas was grifting (the question I’ve been asking for some time), he claimed not to recall, even though the entire point of his interview was to talk about how he had come forward out of fear of Bill Barr.

MADDOW:  Do you know if Attorney General William Barr every [sic] spoke with any Ukrainian officials?

PARNAS:  I don’t recall at this moment. I’d have to look at my text messages and see.

There is absolutely no way that Parnas did not know, when he gave this answer, whether he has proof that Barr was personally involved with the three Ukrainians who have spoken to John Durham. None.

Which likely means Parnas does have proof that, contrary to every denial DOJ has issued since they started issuing very carefully crafted denials since September 25, Barr did interact with the corrupt Ukrainians Rudy was teeing up.

Parnas kept receipts, for just the moment when his grifting on behalf of Trump and his associates can do damage. Those receipts might, conservatively, make additional charges from SDNY more difficult. They might even make a cooperation deal possible.

But it sure sounds like something even crazier. Parnas apparently believes Barr makes Trump something he hadn’t been before, protecting Trump in a way he hadn’t been. But that’s only true if Parnas can’t produce proof that Barr is part of this conspiracy.

In other words, whatever the reality, Parnas appears to be dribbling out the receipts implicating the people that SDNY prosecutors work for in an attempt to either increase the chances of cooperating out of his indictment or at least raising the costs of any further charges.

Perhaps a more interesting question is why SDNY prosecutors permitted Parnas to launch this media campaign. They didn’t have to: Parnas got permission to modify the protective order on this stuff so he could release it, and they may have had to question Robert Hyde earlier than they otherwise intended to because of the publicity surrounding Parnas’ texts with Hyde. SDNY might be doing it to encourage a criminal target to run his mouth and say something incriminating. They might have done it for counterintelligence reasons, to see who responded to this media campaign. But it’s also possible that SDNY is happy for Parnas to expand the possible scope of their own investigation by making it harder for Barr to protect Rudy and others.

The suspense, though, has to do with that non-committal answer Parnas gave about whether he has any texts directly implicating the Attorney General of the United States. A defendant being prosecuted by the Department of Justice was asked whether he had proof that the top law enforcement officer in the country was personally implicated in his corrupt influence peddling.

And Parnas is not telling. Yet.


As Accused Co-Conpirators, Donald Trump and Lev Parnas Should Be Treated with Same Skepticism

WaPo has a long profile of Lev Parnas that adopts the same approach with the accused influence-peddler that virtually the entire press corps does: raising cautions about his veracity because Parnas is has been indicted in a serious crime, with more charges promised.

Some of his most explosive claims that Trump, Vice President Pence and Attorney General William P. Barr knew of his activities remain unsubstantiated and disputed. The president’s allies say his assertions are not credible, noting the serious criminal charges he faces.

“These allegations are being made by a man who is currently out on bail for federal crimes and is desperate to reduce his exposure to prison,” White House press secretary Stephanie ­Grisham said this past week.

[snip]

And some Democrats have counseled caution in the face of his allegations, noting that he is accused of serious felonies.

“Parnas is someone whose evidence, whose testimony should be questioned, challenged, like any other witness,” Sen. Edward J. Markey (D-Mass.) told CNN, adding, “but he should be a witness.”

Prosecutors have hinted in court that more of Parnas’s activities have not come to light yet. This past month, they revealed that he received a mysterious $1 million loan in September from a lawyer for Dmytro Firtash, a Ukrainian gas tycoon facing bribery charges in the United States. In court, Bondy said the loan was made to Parnas’s wife and had been intended to help the couple buy a home. He said that Firtash had cut all ties to Parnas after it started to become clear Parnas intended to assist the impeachment probe. He and Parnas have declined to comment further.

The profile mentions Trump’s impeachment in the third paragraph, and describes the way Parnas’ media blitz undermines Trump’s defenses. But it treats Trump’s defenses, having been accused of high crimes and misdemeanors, as presumptively trustworthy.

The House of Representatives formally voted to send the Senate charges that Trump abused his office by pressuring Ukraine to help his reelection bid.

[snip]

Still, the blizzard of new details in the documents Parnas had turned over raised a host of questions about Trump’s efforts in Ukraine — ratcheting up the pressure on Senate Republicans to allow witnessesto be called during the coming trial.

[snip]

The materials sharply undercut the notion pushed by the president’s supporters that the activities in Ukraine were about U.S. anti-corruption policy — rather than defeating Biden.

The profile doesn’t make two things clear. First, Trump is an accused defendant every bit as much as Lev Parnas is, with the same incentive to lie. More importantly, from the very beginning of this impeachment process, Parnas has been described as a co-conspirator of Trump’s in his crimes.

The whistleblower complaint that first accused Trump of multiple crimes invokes Parnas and Igor Fruman at least four times. After describing Rudy’s trip to Madrid to meet with Andriy Yermak in the wake of the Trump-Zelensky phone call, the complaint notes that Rudy has reached out to other Zelensky advisors through the grifters.

Separately, multiple U.S. officials told me that Mr. Giuliani had reportedly privately reached out to a variety of other Zelenskyy advisers, including Chief of Staff Andriy Bohdan and Acting Chairman of the Security Service of Ukraine Ivan Bakanov.4

4 In a report published by the Organized Crime and Corruption Reporting Project (OCCRP) on 22 July, two associates of Mr. Giuliani reportedly traveled to Kyiv in May 2019 and met with Mr. Bakanov and another close Zelenskyy adviser, Mr. Serhiy Shefir.

Then, when raising Yuriy Lutsenko’s confessed efforts to invent dirt targeting Marie Yovanovitch, the whistleblower raises Rudy’s public claims that John Durham was meeting with Ukrainians for his Bill Barr-led probe.

Mr. Lutsenko also stated that he wished to communicate directly with Attorney General Barr on these matters.9

9 In May, Attorney General Barr announced he was initiating a probe into the “origins” of the Russia investigation. According to the above-referenced OCCRP report (22 July), two associates of Mr. Giuliani claimed to be working with Ukrainian officials to uncover information that would become part of this inquiry. In an interview with Fox News on 8 August, Mr. Giuliani claimed that Mr. John Durham, whom Attorney General Barr designated to lead this probe, was “spending a lot of time in Europe” because he was “investigating Ukraine.” I do not know the extent to which, if at all, Mr. Giuliani is directly coordinating his efforts on Ukraine with Attorney General Barr or Mr. Durham.

The complaint provides further details laying out Rudy’s meetings with Lutsenko.

It was also publicly reported that Mr. Giuliani had met on at least two occasions with Mr. Lutsenko: once in New York in late January and again in Warsaw in mid-February. In addition, it was publicly reported that Mr. Giuliani had spoken in late 2018 to former Prosecutor General Shokin, in a Skype call arranged by two associates of Mr. Giuliani.10

10 See, for example, the above-referenced articles in Bloomberg (16 May) and OCCRP (22 July).

The complaint then moves on to describe Rudy’s outreach to Zelensky after the election, suggesting that Parnas and Fruman may have been the people he heard were leading that effort.

Around the same time, I also learned from a U.S. official that “associates” of Mr. Giuliani were trying to make contact with the incoming Zelenskyy team.11

11 I do not know whether these associates of Mr. Giuliani were the same individuals named in the 22 July report by OCCRP, referenced above.

In other words, Parnas’ efforts to reach out to Lutsenko and other corrupt prosecutors and then his role pressuring Zelensky to announce a Biden investigation has always been part of the necessary context in which to understand Trump’s comments on that phone call as the crime it is.

And while Trump has denied knowing Parnas (in the same way he denied knowing George Papadopoulos), his lawyers have not denied that he was working on Trump’s behalf.

The House Intelligence Committee already has legal proof of that — in John Dowd’s October 3 letter asserting that Parnas and Fruman’s work for Rudy was in connection with Rudy’s representation of Trump.

Be advised  that Messrs. Parnas and Fruman assisted Mr. Giuliani in connection with his representation of President Trump. Mr. Parnas and Mr. Fruman have also been represented by Mr. Giuliani in connection with their personal and business affairs. They also assisted Joseph DiGenova and Victoria Toensing in their law practice. Thus, certain information you seek in your September 30, 2019, letter is protected by the attorney-client, attorney work product and other privileges.

Parnas has since presented further proof of that, in the email focusing on the import of ensuring Parnas and Fruman could not cooperate with Congress that preceded by hours the release of a Trump-penned letter accusing the entire impeachment proceeding of impropriety. He even provided proof that Trump knew of a perceived conflict involving John Dowd’s representation of Parnas and waived it.

Moreover, Parnas has provided text messages and other evidence more than substantiating the Ukraine outreached raised by the whistleblower, both with those named by him and those alluded to:

  • Yuri Lutsenko
  • Ivan Bakanov
  • Serhiy Shefir
  • Arsen Avakov
  • Andriy Yermak
  • Igor Kolomoisky

Trump and Parnas are both defending themselves against serious allegations of criminal wrong-doing.

But just one of them has released evidence to substantiate their defense. And the press ought to take that into account when deciding who is more credible.

 


Kevin Downing Was “in the Loop” of Silencing Lev Parnas on October 8

Lev Parnas’ lawyer, Joseph Bondy, continues his attack on those who scorned his client.

This afternoon, he posted an email dated October 8, 2019 7:06 AM that John Dowd — then ostensibly representing Parnas and Igor Fruman — sent to update a bunch of lawyers that his clients would send, “a letter to the intel committee to eliminate any doubt that Igor and Lev will appear to answer questions because we are not prepared to do so.”

Dowd, of course, had already first called, on September 30, then sent a letter, on October 3, to convey the same message. But he seemed to feel the need to do so again on October 8 (which may be part of the reason the White House released the intemperate Trump letter signed by White House Counsel Pat Cipollone).

He forwarded the email, with all recipients visible, to his clients a minute later.

The next day, Parnas and Fruman met with Rudy Giuliani at Trump hotel for lunch. That afternoon, Bill Barr visited SDNY. Hours later, Parnas and Fruman tried to board a plane to go to Vienna to tape an interview between Sean Hannity and Dmitro Firtash. They were arrested on charges that had been processing away in SDNY for months, ostensibly because SDNY feared they would flee, even though they had left the country numerous times while that investigation proceeded. Then, probably after Parnas and Fruman were arrested, Barr visited Rupert Murdoch personally. Hannity never went to Vienna. Nor did Rudy, who was supposed to meet Parnas and Fruman the next day.

According to public reports at the time, because they got arrested in EDVA, they needed a local lawyer to deal with their bail, so Paul Manafort’s lawyer, Kevin Downing stepped in. Then, what must be the next day, Parnas fired both Dowd and Downing, because — he believed — they were telling him to take the fall for the President.

MADDOW: Mr. Dowd was your attorney for a time and then you changed attorneys.

PARNAS: I fired him in jail.

MADDOW: You fired him when you were in jail?

PARNAS: Yes.

MADDOW: What happened there?

PARNAS: And Mr. Downing. Basically, when we were arrested, obviously, I had nowhere else to call. I didn`t know – we just retained Dowd and Downing. So I called Downing to come there and I started seeing in the process of the bail stuff the way things were going on that they were more concentrating on – I didn’t feel that they were trying to get me out, and at that point, I had a meeting with John Dowd and Downing inside the jail.

And John Dowd just instead of comforting me and, you know, trying to calm me down, telling me, like, it’s going to be OK, like, don’t worry, basically start talking to me like a drill sergeant and telling me, giving me orders, like, you know, be a good boy, like, you know.

MADDOW: He said “be a good boy”?

PARNAS: No, I don’t – I don’t want to quote him exactly on what the words, what he used in that because it was a while ago. I don’t remember exactly.

But it was – it was his condescending attitude toward basically, like, who do you think you are telling the president or Giuliani or anybody to, like, come out and because I – one of the things I said, I said, I can’t believe nobody is coming out in our defense and saying we didn’t do anything wrong, we’re good citizens, you know, we work.

And basically word for word, and then I said, if you don’t get out of here right now, something bad is going to happen because I don’t want to see the two of you.

And at that point, Downing hit the emergency button and the security took me out and took them out.

MADDOW: This is a very heated confrontation. You told Downing and Dowd to get out.

PARNAS: I threw them out.

MADDOW: Were they telling you to sacrifice yourself in order to protect the president?

PARNAS: That’s what I felt.

Here’s the thing. Downing was not — at least not publicly — representing Parnas and Fruman until and because they were detained in EDVA.

But he — Paul Manafort’s lawyer — was included in that email from Dowd on October 8, a day before they were arrested along with Trump’s lawyers, Victoria Toensing and Joe DiGenova, and Rudy’s then lawyer Jon Sale.

Lev Parnas appears to believe he was arrested because it was a better way to keep him silent than telling Congress no.

And the inclusion of Kevin Downing in that October 8 email suggests he may well be right.

Copyright © 2018 emptywheel. All rights reserved.
Originally Posted @ https://www.emptywheel.net/impeachment/page/3/