Will the GOP Demand Ron Johnson Be Stripped of Committee Assignments for Ignoring a Defensive Briefing?

There’s been a lot of attention on this WaPo story, which had to retract a report that Rudy Giuliani had gotten a defensive briefing long after the time he helped get Marie Yovanovich fired (which is reportedly what he is being investigated for), but well before he continued to peddle Russian disinformation even after Treasury sanctions would have made it legally problematic to do so (indeed–that may be the implication of this NBC story on the decision not to give him a briefing). I mean, Rudy’s right to be pissed that WaPo claimed that he had a specific warning on top of the zillion other warnings that were in plain sight, but it’s not clear it helps him legally in the least.

There’s been less consideration of the implications of Ron Johnson’s admission that he did get a defensive briefing, but he blew it off.

The FBI last summer also gave what is known as a defensive briefing to Sen. Ron Johnson (R-Wis.), who ahead of the election used his perch as chairman of the Senate Homeland Security and Governmental Affairs Committee to investigate Biden’s dealings with Ukraine while he was vice president and his son Hunter Biden held a lucrative seat on the board of a Ukrainian energy company.

Johnson, a staunch Trump ally, recalled receiving a vague warning from FBI briefers in August, but he said Thursday that there was no substance to their cautionary message and that he did not view the meeting as a “defensive briefing” on his oversight of the Biden family’s foreign business ventures.

“Regarding reports that I received an FBI briefing warning me that I was a target of Russian disinformation, I can confirm I received such a briefing in August of 2020,” Johnson said in a statement to The Washington Post. “I asked the briefers what specific evidence they had regarding this warning, and they could not provide me anything other than the generalized warning. Without specific information, I felt the briefing was completely useless and unnecessary (since I was fully aware of the dangers of Russian disinformation).

“Because there was no substance to the briefing, and because it followed the production and leaking of a false intelligence product by Democrat leaders, I suspected that the briefing was being given to be used at some future date for the purpose that it is now being used: to offer the biased media an opportunity to falsely accuse me of being a tool of Russia despite warnings.”

Remember that for months, Republicans have been attacking Eric Swalwell because, before he was on the House Intelligence Committee, he got a defensive briefing about a woman who, the FBI informed him, was recruiting for China. He stopped talking to the woman and cooperated with the FBI, doing precisely what you’re supposed to do after getting a defensive briefing.

Nevertheless, the GOP has repeatedly used the story to call for Swalwell to be removed from HPSCI. Kevin McCarthy, after a briefing on the matter, narrowly danced with leaking information while judging that Swalwell should not be on HPSCI. Devin Nunes (whose ties to Rudy’s legal woes may soon get rather interesting) suggested Swalwell’s focus on Russia was done at the behest of China. The two staged a vote to throw him off HPSCI that failed.

And even Ron Johnson got in the act, claiming (though the timeline makes no sense) that the Chinese got Swalwell appointed to HPSCI and claiming that China was grooming Swalwell.

Johnson launched that attack in December 2020, months after he had been warned that Russia was grooming him the same way.

Only, unlike Swalwell, Johnson blew off that warning.

According to the GOP standard, shouldn’t Johnson be stripped of his Committee positions, particularly Homeland Security and Foreign Relations?

Poor Donald Trump Got Dumped

h/t rocksunderwater (public domain)

Poor Donald Trump.

He’s been having a terrible, horrible, no good, very bad day, every day for about the last six weeks. He lost the election, then in his battle to overturn things in court he lost and lost and lost and lost some more, each time more bigly than that last. But the worst day, the most terrible horrible no good very bad day of them all, had to be last Sunday, when the Russian electronic spying operation using Solar Wind to hack into highly sensitive government and corporate networks became public.

There has been a lot written about the potential damage of the Solar Wind mess, both in terms of national security and corporate secrets, most of which is speculation. But there is one bit of enormous damage that is obvious, not at all speculative, but is getting no attention at all from anyone.

Along with the rest of the world, Donald Trump just learned that he got dumped by Vladimir Putin.

We almost made it up where they are
But losing your love
Brought me down hard
Now I’m just hanging, just getting by
Where expectations aren’t that high, but

Here on cloud 8
A lotta nothing’s going on
I’m just drifting day to day
Out here on my own
While up on cloud 9
I hear ’em party all the time
They don’t hear my heart break
Down here on cloud 8

Poor Donald. He just learned that Putin has been doing stuff behind his back, all while Putin has been telling him that he’s Putin’s BFF. It’s been almost a week, and poor Donald still can’t come to grips with it.

He’s tweeted about getting the COVID-19 vaccines out (“Yay Me!”) He’s tweeted about the “fact” that he actually won the election and condemned everyone who has failed to have his back (Brian Kemp, he’s looking at you). He’s tweeted about bizarre public health theories (“masks and lockdowns don’t work!”). He’s tweeted about vetoing the defense bill in order to defend 19th century traitors. He’s tweeted about Senator-to-be Tommy Tuberville, on whom he’s pinning his hopes of overturning the election when the electoral college vote gets to Congress. He’s tweeted against Mitch McConnell for arguing against this. But despite this flood of tweets, the one thing he can’t bear to tweet about is being dumped.

And it’s not just that he got dumped. It’s that Putin cheated on him.

He cheated on Trump for months, privately whispering sweet nothings in his ear in their special phone calls, while working behind Trump’s back. Worst of all, in Trump’s mind the hack tells Trump that Putin believed that Trump would lose, and Putin needed to take advantage of Trump’s blindness while he could.

And it’s not just that Putin cheated on him and didn’t believe in him. It’s that everyone knows that Putin cheated on him

Angela Merkel knows. Boris Johnson knows. Emmanuel Macron knows. Justin Trudeau knows. Xi Jinping knows. Kim Jong Un knows. Jacinda Ardern knows. Even Andrés Manuel López Obrador knows about it, and Trump is sure that everyone in Mexico is laughing at him. Even the nobodies who rule those shithole countries know, and they’re laughing too. Putin made him look like a fool in front of everyone in the whole cafeteria world, and they’re all laughing at him.

And it’s not just that Putin made him look like a fool. It’s that there’s not a damn thing that Trump can do about it.

Everyone knows that Trump has been played, bigly. Trump can’t run a PR operation to deflect things. He can’t deny that it ever happened. He can’t say that he dumped Putin and not the other way around. He can’t pretend it doesn’t hurt. And he can’t keep everyone in the whole damn world from talking about it, and from laughing about him behind his back.

While up on cloud 9
I hear ’em party all the time
They don’t hear my heart break
Down here on cloud 8
They don’t hear my heart break
Down here on cloud 8

And before you think this is all a good laugh, and that Trump got what’s been coming to him, I’ve got two words for you: John Hinckley. Something tells me that Trump does not take well to being dumped, being cheated on, and being held up before the world as a fool.

And that scares me.

A Most Ordinary Passing of A Most Extraordinary Writer

John Le Carré, giving a speech at the German Embassy in London [Creative Commons Attribution 2.0 Generic]

I don’t remember when I first read John Le Carré – sometime in the late 70s or early 80s, probably after watching the BBC miniseries of his novel Tinker, Tailor, Soldier, Spy when it was shown on PBS. The genre was ostensibly a spy thriller, but it was not like other spy thrillers then in circulation.

Consider the central character of George Smiley, whom Le Carré introduces like this:

Mr. George Smiley was not naturally equipped for hurrying in the rain, least of all at dead of night. . . Small, podgy and at best middle-aged, he was by appearance one of London’s meek who do not inherit the earth. His legs were short, his gait anything but agile, his dress costly, ill-fitting and extremely wet. His overcoat, which had a hint of widowhood about it, was of that black, loose weave which is designed to retain moisture. Either the sleeves were too long or his arms too short for, . . . when he wore his mackintosh, the cuffs all but concealed the fingers. For reasons of vanity he wore no hat, believing rightly that hats made him ridiculous. “Like an egg cosy,” his beautiful wife had remarked not long before the last occasion on which she left him, and her criticism as so often had endured. Therefore the rain had formed in fat, unbanishable drops on the thick lenses of his spectacles, forcing him alternately to lower or throw back his head as he scuttled along the pavement which skirted the blackened arcades of Victoria Station.

Not to put too fine a point on it, but George Smiley is not James Bond, Jack Ryan, or Jason Bourne.

To my great delight, Le Carré wrote characters who are so delightfully ordinary, grappling with concerns and issues equally ordinary, even while dealing with concerns and issues that were extraordinary in the extreme. Yes, he wrote of the secret world of spies and the not-so-secret world in which they do their spying, but there were shades of gray all over the place, making his writing much more engaging than folks like Fleming or Clancy. Le Carré’s novels, set in the cold war and post-cold war world, explored loyalty and betrayal, failure and success, enemies and allies (and associates who are neither), and human frailty and strength, and I loved the way he made me explore those very same things.

John Le Carré passed away last night from pneumonia at age 89 – a most ordinary passing of a most extraordinary writer.

One of the things that grabbed me initially in his writing is the utter absence of over-the-top James Bond-ish spy gadgets that appear at just the right moment to rescue the hero or the mission. Similarly, his novels are not filled with physically strong and athletic heroes like Jason Bourne, but ordinary folks with bad backs, heart problems, and old injuries that slow them down. Most of all, the stories explore notions of empire (lost ones, struggling ones, and ones looking to emerge) and individuals, unafraid to ask difficult questions about one’s own nation or self, and face the flaws that emerge with the answers.

Another thing that drew me in was the manner in which he described the world of government. I had just finished serving as an intern at the State Department, and the world of Tinker, Tailor rang true. Yes, the government of which he wrote was English, not American, and most of the people in the stories were in the secret services, not the diplomatic service, but nevertheless, the way he described them fit my limited but at that time very fresh experiences in DC. Here were government employees who had to worry about their budgets, who had to negotiate (or fight) bureaucratic battles with other departments, who had to wrestle with how much (or how little) to tell their bosses or their allies, and who had to deal with the Ordinary Stuff of life while also dealing with Very Important Stuff at work.

But most of all, Le Carré was a great storyteller. One indication, from his obituary at The Guardian: “The world of “ferrets” and “lamplighters”, “wranglers” and “pavement artists” was so convincingly drawn that his former colleagues at MI5 and MI6 began to adopt Le Carré’s invented jargon as their own.” When the spies themselves are so drawn in to the story you are telling about spies, you’re doing it right.

Le Carré is also indirectly responsible for drawing me to Emptywheel, many years ago.

In Tinker, Tailor, Le Carré spins a tale of the unmasking of a Russian mole embedded in the higher reaches of the British secret service known as “The Circus.” The Honourable Schoolboy is the sequel, in which Smiley and his colleagues have to deal with the aftermath of all the security breaches exposed in the earlier book. Near the opening, Smiley gathers the remains of the Circus leadership, and after displaying in excruciating detail the extent of the damage done to the Circus, Smiley points to the way forward:

The premise, said Smiley, when they had resettled, was that Haydon [the mole] had done nothing against the Circus that was not directed, and that direction came from one man personally: Karla [head of the Russian secret service].

The premise was that in briefing Haydon, Karla was exposing gaps in Moscow Centre’s knowledge; that in ordering Haydon to suppress certain intelligence that came the Circus’ way, in ordering him to downgrade or distort it, to deride it, or even to deny it circulation altogether, Karla was indicating which secrets he did not want revealed.

“So we can take back-bearings, can’t we, darling?” murmured Connie Sachs [the ancient head of the Russian desk at the Circus], whose speed of uptake put her, as usual, a good length ahead of the field.

“That’s right, Con. That’s exactly what we can do,” said Smiley gravely. “We can take the back-bearings.” He resumed his lecture, leaving Guillam [another senior spook], for one, more mystified than before.

By minutely charting Haydon’s path of destruction (his pug marks, as Smiley called them); by exhaustively recording his selection of files; by reassembling — after aching weeks of research, if necessary — the intelligence culled in good faith by Circus outstations, and balancing it, in every detail, against the intelligence distributed by Haydon to the Circus’s customers in the Whitehall market-place, it would be possible to take back-bearings (as Connie so rightly called them), and establish Haydon’s, and therefore Karla’s, point of departure. Said Smiley.

Once a correct back-bearing had been taken, surprising doors of opportunity would open, and the Circus, against all likelihood, would be in a position to go over to the initiative — or, as Smiley put it, “to act, and not merely to react.”

Call me crazy, but isn’t that a perfect description of what Marcy does here at Emptywheel, supported by other frontpagers and the EW commentariat? Read the documents, read between the lines of the documents, compare these documents with those documents, look at what is said and what is not said, build the timelines, and pretty soon you’ll see what someone doesn’t want you to see.

After years of being enthralled by Le Carré, how could I not get drawn in to this place?

*raising a glass*

To a most extraordinary writer, at his most ordinary passing.

*ding*

Republicans Push to Punish Eric Swalwell because He Didn’t Sell Out the Country Like They Did

I’d like to tell a story about how six different men responded when law enforcement approached them about possible compromise by foreign spies.

Carter Page knowingly shares non-public information with known Russian spies

When Carter Page learned that he had been named in an indictment of Russian spies, he called up a Russian minister at the UN to tell him, in the spirit of openness, he was the guy identified as the recruiting target in the indictment. When the FBI interviewed him about his relationships with those foreign spies, Page admitted he had called the Russian minister, but explained that his relationship with the Russian intelligence officer was positive for him. He later explained that sharing non-public information with people he knew to be foreign spies helped both the US and Russia. Page enthusiastically took a trip to Moscow to give two speeches that — witnesses observed — normally featured far more prominent speakers than Page. Page came back from that trip bragging about the “open checkbook” he had been offered to start a pro-Russian think tank. When Page was asked a year later whether he could see why people thought he was being recruited, he disagreed and — according to an FBI 302 — backed off his prior admission to the FBI that he had reached out to the Russian minister.

For three years, the GOP has claimed that Carter Page is a maligned victim of FBI overreach.

George Papadopoulos refuses to explain the back channel meeting with Putin he tried to schedule

When the FBI first interviewed George Papadopoulos about the suspicious job offers Sergei Millian offered him — an offer to pay him so long as he also worked at the White House, asked how he learned in advance that the Russians had dirt on Hillary that they planned to release to help Trump get elected, and told him they thought he was being recruited, he lied. Among other things, Papadopoulos hid his entire relationship with one Russian national, Ivan Timofeev, whom he had interacted with. After the interview, Papadopoulos called Trump’s personal lawyer and told him of the interview. As others did, Papadopoulos crafted a false statement to share with Congress. In subsequent interviews, even after he agreed to cooperate, Papadopoulos hid the existence of a phone he used to interact with Joseph Mifsud. When asked about notes planning a back channel meeting with Putin’s people in London in September that ultimately didn’t happen, Papadopoulos claimed he couldn’t read his notes to explain the plans.

The GOP not only claimed that Papadopoulos was a maligned hero, the Attorney General of the United States assigned a US Attorney, in part, to fly around the world chasing Papadopoulos’ conspiracy theories in an attempt to substantiate his denials that these were Russian assets trying to cultivate Papadopoulos.

Mike Flynn gets a defensive briefing then hides his Turkish clients

Shortly after the FBI sat down with Donald Trump and Mike Flynn to warn them, generally, about how foreign intelligence services would increase their focus on the two and those around them, Mike Flynn went back to his business partner and the go-between with his Turkish clients, and adopted a new name for the project for Turkey — Confidence rather than Truth — and a payment vehicle that would hide the true client, attempting to sever the prior discussions directly with Turkey’s ministers from the half-million dollar deal that resulted.

Trump just pardoned Flynn for his efforts to hide those ties.

Rather than cooperating with the FBI about Flynn’s suspect Russian calls, Trump fires them

When DOJ came to the White House on January 26, 2017 and told White House counsel Don McGahn that Mike Flynn — seemingly without any approval from Donald Trump himself and clearly without notifying the Vice President — had called up the Ambassador from Russia and, in a conversation where the Ambassador was addressing other issues, raised sanctions imposed to punish Russia and asked the Ambassador not to respond in kind, and then lied about that publicly, McGahn assigned lawyer John Eisenberg to figure out whether Flynn could be prosecuted. Chief of Staff Reince Priebus tried to find out what kind of surveillance Flynn had been and was under. Trump first asked the head of the FBI for loyalty, then asked him to let the investigation of Flynn go, and then fired him to end the investigation.

Trump just pardoned Mike Flynn claiming that it was wrong for the FBI to try to figure out why Flynn had secretly undermined sanctions and then lied about it.

Trump calls Paul Manafort “very brave” for hiding details about his Russian intelligence officer partner

When the government entered into a cooperation agreement with Paul Manafort in 2018, in part to learn what Manafort knew about his business partner Konstantin Kilimnik’s ties to Russian intelligence, and particularly to learn why Manafort had swapped campaign polling data and the campaign’s strategy to win swing states with a discussion of carving up Ukraine and payoffs from Ukranian and Russian oligarchs, the President’s defense attorney remained in regular contact with Manafort’s lawyer to learn about the interrogations. After prosecutors told Judge Amy Berman Jackson on November 26 that Manafort had been lying rather than cooperating — in significant part, it would become clear, to protect his Russian spy business partner — Rudy complained on the President’s behalf about “the un-American, horrible treatment of Manafort.” Not long later, Trump would call Manafort “very brave” for (among other things) lying to prosecutors to protect his Russian spy business partner.

Eric Swalwell cooperates with the FBI and cuts off the Chinese intelligence officer trying to recruit him

According to a recent Axios piece witten without context, when the FBI approach Eric Swalwell and told him a woman volunteering with his campaign was a Chinese spy, he cooperated with the FBI and cut off all contact with her.

A statement from Swalwell’s office provided to Axios said: “Rep. Swalwell, long ago, provided information about this person — whom he met more than eight years ago, and whom he hasn’t seen in nearly six years — to the FBI. To protect information that might be classified, he will not participate in your story.”

What happened: Amid a widening counterintelligence probe, federal investigators became so alarmed by Fang’s behavior and activities that around 2015 they alerted Swalwell to their concerns — giving him what is known as a defensive briefing.

Swalwell immediately cut off all ties to Fang, according to a current U.S. intelligence official, and he has not been accused of any wrongdoing.

For this, GOP Majority Leader Kevin McCarthy and others argue, Swalwell should be kicked off the House Intelligence Committee.

McCarthy, however, is demanding answers from Pelosi and Rep. Adam Schiff, chair of that committee, after Swalwell said they knew about the report.

“This is a national security threat,” McCarthy said. “Now we have Eric Swalwell, who’s been swindled by the Chinese, but what’s even more interesting here is why did he attack the American Director of Intelligence John Ratcliffe’s report talking about the expansion of China spying throughout … just last week. He attacked … Ratcliffe defending China.”

“This man should not be in the intel committee. He’s jeopardizing national security,” he doubled down, adding, “When did Nancy Pelosi know of this and why did she maintain him on the committee? Adam Schiff, who has spent four years as chair worried about the foreign intervention into our country, knowingly keep an individual on the committee, if he knew, as Swalwell says, that he was with a Chinese individual who was a spy, who helped him run for Congress?”

I can only assume that McCarthy thinks that Swalwell cooperated too much with the FBI and should have lied or fired people instead.

 

Peter Debbins Pleads

Peter Debbins — who was charged with spying for Russia in August — pled guilty today. The statement of facts he pled to almost exactly maps his indictment, with two main additions. The statement explains the EDVA venue I was so so interested in.

From in or around December 1996 to in or around January 2011, in an offense begun and committed outside of the jurisdiction of any particular State or district of the United States, the defendant, also known as “Ikar Lesnikov,” who after the conduct required for the offense occurred was arrested in and first brought to the Eastern District of Virginia, and whose last known address is in the Eastern District of Virginia, did unlawfully and knowingly conspire with others to communicate, deliver, and transmit to a foreign government, to wit: the Russian Federation (hereinafter, “Russia”), and representatives, officers, agents, employees, subjects, and citizens thereof, directly and indirectly, documents, writings, and information relating to the national defense of the United States, with the intent and reason to believe that such documents, writings, and information were to be used to the injury of the United States and to the advantage of a foreign government, namely, Russia.

Thanks for explaining that, DOJ! Debbins was in the UK when they first started this investigation, which gave the government the choice to land him in the least friendly venue for spies and leakers.

In addition, there’s several paragraphs that seem inconsistent with the fact that the information he admitted sharing was classified Secret.

2. As of 2008, Executive Order 12958 signed on April 17, 1995, as amended by Executive Order 13292 signed on March 25, 2003, governed the system for classifying, safeguarding, and declassifying national security information.’ Under that Executive Order, national security information was classified as “TOP SECRET,” “SECRET,” or “CONFIDENTIAL.” National security information was information owned by, produced by, produced for, and under the control of the U.S. Government, and that was classified as follows:

a. Information was classified as TOP SECRET if its unauthorized disclosure reasonably could be expected to cause exceptionally grave damage to the national security that the original classification authority was able to identify and describe.

b. Information was classified as SECRET if its unauthorized disclosure reasonably could be expected to cause serious damage to the national security that the original classification authority was able to identify and describe.

c. Information was classified as CONFIDENTIAL if its unauthorized disclosure reasonably could be expected to cause damage to the national security that the original classification authority was able to identify and describe.

3. Access to national security information classified at any level could be further restricted through compartmentation in Sensitive Compartmented Information (SCI) categories. Only individuals possessing both the appropriate security clearance and specific, additional permissions could have authorized access to SCI.

That suggests there’s more he shared that was far more sensitive, information DOJ doesn’t want to lay out (unsurprisingly). If so, that’s covered by this boilerplate language.

This statement of facts includes those facts necessary to support the plea agreement between the defendant and the United States. It does not include each and every fact known to the defendant or to the United States, and it is not intended to be a full enumeration of all of the facts surrounding the defendant’s case.

That said, the plea itself emphasizes that the NDI he shared with Russia was classified Secret.

As set forth in the accompanying statement of facts, the national defense information that is the subject of this conspiracy and the terms of this plea agreement was, and is, classified at the Secret level.

While that still exposes him to a possible life sentence, the plea puts his guidelines at 39, with the possibility that he’ll get a two or three point admission of guilt reduction, which would put him in a 188 to 235 month range. But the government is giving him no guarantees at all.

The United States and the defendant have not agreed on any further sentencing issues, whether related to the Sentencing Guidelines or the factors listed in 18 U.S.C. § 3553(a), other than those set forth above or elsewhere in this Plea Agreement. Any stipulation on a Guidelines provision does not limit the parties’ arguments as to any other Guidelines provisions or sentencing factors under Section 3553(a), including arguments for a sentence within or outside the advisory Guidelines range found by the Court at sentencing.

The government included intentional incomplete testimony among the reasons it can breach the plea agreement at a preponderance of the evidence standard.

If the defendant withdraws from this agreement, or commits or attempts to commit any additional federal, state, or local crimes, or intentionally gives materially false, incomplete, or misleading testimony or information, or otherwise violates any provision of this agreement, then:

That may be boilerplate, but in this case it will ensure that Debbins honestly provides anything more sensitive about his relationship with Russia.

Again, none of that is surprising. It just suggests that if there’s something more here, DOJ isn’t going to reveal that.

The EDVA Venue and the Peter Debbins Indictment

DOJ just rolled out the indictment of a former Special Forces officer for spying for Russia.

The general story is that GRU started recruiting Peter Rafael Dzibinski Debbins when he traveled to Russia via family ties when he was young. He went on to join the Army and then the Special Forces. Along the way, he told GRU about who was in his units and what their mission was. The timeline in the indictment starts in 1996, when Debbins traveled to Chelyabinsk as a student. Debbins met with GRU officers in Russia repeatedly; after he joined the Army he provided details of what his units did, including when he was stationed in Azerbijan in 2004, where his clearance was suspended and he was discharged from the Army.

After he was discharged, on his trips to Russia in 2008 and 2010, Debbins tried to drum up Russian business. The indictment seems to suggest he started to get cold feet in 2009, resisting the recruitment.

Beginning in April 2009, DEBBINS and [Russian Intelligence Officer] 7 began exchanging a series of emails that, on their face, referenced potential business opportunities. In an April 2009 email, RIS 7 encouraged DEBBINS to travel to Russia for a visit, but DEBBINS did not commit to the trip. Later, in August 2009, RIS sent an email to DEBBINS inviting DEBBINS to travel to Russia and offering to pay his expenses. DEBBINS, however, did not travel at that time.

Subsequent to that seeming moment of resistance, however, Debbins got a new TS/SCI security clearance and traveled to Russia to discuss business with someone linked to the GRU. He did not, as most recently instructed, bring a Field Manual, because (he said) he feared he’d be caught by DHS.

Nevertheless, his GRU handlers still pitched him on a business deal. On January 3, 2011, after being reminded of his ties to GRU, Debbins moved to DC and started working on the business deal with the Russian.

A January 3 email from Debbins to the business partner is the single thing that (presumably) happened in EDVA, and the single thing that happened in 2011, the last year of the scope of this indictment.

On January 3, 2011, DEBBINS sent the RUSSIAN NATIONAL an email stating that he had moved to “the capital,” meaning Washington, D.C., and that he was working on their business matter.

And yet, even though Debbins had closest ties to Minnesota for the span of this indictment (and could have gotten venue in North Carolina through Special Forces for some of the overseas stuff), the venue is EDVA.

That may be because that’s the easiest place to win a national security case.

Or it may be because what has happened since 2011, when Debbins has been traveling elite circles and working on cybersecurity, is of more interest to the government. [h/t Laura Rozen for both links] According to one online biography, Debbins was at Fort Meade from around 2012 to 2015 and then worked as a contractor since.

Later, I got a job working at Fort Meade as a Russian analyst and did that for three years. I then transitioned to working as a cyber instructor for CACI for another three years.

Which is to say it’s unclear whether this indictment is about what happened between 1996 and 2011 — the span covered by the indictment — or about what has happened since.

When Billy Barr Called a Press Conference to Target Non-Terrorists Rather than Brag about the Right Wing Terrorists FBI Caught

What if the FBI succeeded in thwarting a right wing terrorist attack but rather than bragging about that success, instead redoubled its efforts to target peaceful protestors as terrorists?

That’s what happened this week.

On Tuesday, the FBI terrorism agents arrested three adherents of the “Boogaloo” movement, a group of extremists planning a civil war. All have military experience and one, Andrew Lynam, is currently in the Army Reserve. At a ReOpen Nevada protest held in April, at which they were all heavily armed, Lynam told a person who’d go on to become an FBI informant that, “their group was not for joking around and that it was for people who wanted to violently overthrow the United States government.” One of them planned to use the cover of the George Floyd protests to conduct attacks and sow panic.

CHS stated that PARSHALL and LOOMIS’s idea behind the explosion [targeting Lake Mead] was to hopefully create civil unrest and rioting throughout Las Vegas. They wanted to use the momentum of the George Floyd death in police custody in the City of Minneapolis to hopefully stir enough confusion and excitement, that others see the two explosions and police presence and begin to riot in the streets out of anger.

They were arrested on the way to a Black Lives Matter protest with the makings of Molotov cocktails and an AR-15 in their vehicles.

Normally when the FBI thwarts a terrorism attack in process, they hold a big press conference to brag about it. As of this morning, however, neither DOJ nor FBI have posted the arrest on their national news websites (the Nevada US Attorney’s Office has).

Instead of boasting about the plotters arrested as terrorists, yesterday Billy Barr, FBI Director Christopher Wray, Acting DEA Administrator (and Barr flunky) Timothy Shea, and the head of ATF had a press conference that seemed designed to provide post hoc and advance justification for abusive steps Barr has and plans to authorize. (The Daily Beast also remarked on their silence about the Boogaloo arrests, and noted that that was one of the only arrests of ideologically motivated groups that have taken place during the uprising.)

The specifics of their statements, given the legal framework around national security investigations and known and presumptive OLC memos authorizing such things, deserves more attention.

The culprit is Antifa, not (also) the right-wingers carrying guns

In questions, for example, Pierre Thomas asked Bill Barr about the Boogaloo bust. Barr responded by focusing on Antifa.

And that’s why in my prepared statement, I specifically said, in addition to Antifa and other extremist groups like Antifa, there were a variety of groups and people of a variety of ideological persuasion. So I did make that point. I’m not going to get too specific, but the intelligence being collected by our US attorney’s office is particularly integrated by the FBI from multiple different sources is building up. There are some specific cases against individuals, some Antifa related.

Chris Wray also responded to the question about Boogaloo by emphasizing that Antifa was a terrorist organization.

Sure. Let me say first, as I’ve said for quite some time and including even my first few months in job, we, the FBI have quite a number of ongoing investigations of violent anarchist extremists, including those motivated by an Antifa or Antifa like ideology. And we categorize and treat those as domestic terrorism investigations and are actively pursuing them through our joint terrorism task forces.

This repeats comments both Wray and Barr made in their prepared speeches. Barr saidhe culprit here is “Antifa” and it is violent.

At some demonstrations, there are groups that exploit the opportunity to engage in looting.  And finally, at some demonstration, there are extremist agitators who are hijacking the protests to pursue their own separate and violent agenda.

We have evidence that Antifa and other similar extremist groups, as well as actors of a variety of different political persuasions, have been involved in instigating and participating in the violent activity.

Wray said the same. The culprits are “Antifa” and other agitators.

We’re seeing people who are exploiting this situation to pursue violent, extremist agendas—anarchists like Antifa and other agitators. These individuals have set out to sow discord and upheaval, rather than join in the righteous pursuit of equality and justice. And by driving us apart, they are undermining the urgent work and constructive engagement of all those who are trying to bring us together—our community and religious leaders, our elected officials, law enforcement, and citizens alike.

There is a foreign nexus that will allow us to use transnational tools

In his prepared speech, Barr claimed that there are foreign actors involved.

We are also seeing foreign actors playing all sides to exacerbate the violence.

It’s true that the Russians who helped Trump get elected are sowing dissension but that would be dealt separately from a press conference if Barr weren’t trying to use the foreign nexus to access national security tools he says can’t be used with Trump supporters.

Barr returned to this later, and specifically said they maybe can’t offer proof.

I may ask Chris if he cares to provide a little more detail. I’m not sure how much detail we want to get into, but people shouldn’t think that countries that are hostile to the United States, that their efforts to influence the US or weaken the US or sow discord in the US is something that comes and goes with the election cycle. It is constant. And they are constantly trying to sow discord among our people, and there’s a lot of disinformation that circulates that way. And I believe that we have evidence that some of the foreign hackers and groups that are associated with foreign governments are focusing in on this particular situation we have here and trying to exacerbate it in every way they can. Unless Chris has something to add, I can turn it over to … Yeah.

By suggesting there’s a foreign nexus, Barr is laying the groundwork to claim to need tools only available with that foreign nexus (something that has been done with past protest movements).

Every store that gets raided gives federal jurisdiction

After making it clear that Billy Barr intends to target Antifa as the culprit here, and use national security tools to do so, Barr and his flunkies then laid out how they think they have national jurisdiction.

Barr asserted his own jurisdiction based off the federal buildings he said that had been targeted (and because protestors were in front of the White House).

Many of the buildings, as you know, and facilities here, and the monuments are the responsibility of the federal government and the proceedings and process of the federal government take place here. And so when you have a large scale civil disturbance that is damaging federal property, threatening federal property, threatening federal law enforcement officers, threatening the officials in government and their offices and our great monuments, it is the responsibility of the federal government to render that protection.

Barr described how that Federal jurisdiction — and his invocation of the word “riot” — allows them to lead the response via what is the intelligence-driven network used against terrorists.

The Justice Department is also working closely with our state and local partners to address violent riots around the country.  Our federal law enforcement efforts are focused on the violent instigators.

Through the FBI, U.S. Attorney’s Offices, component field offices, and state and local law enforcement, we are receiving real-time intelligence, and we have deployed resources to quell outbreaks of violence in several places.

While Wray didn’t use the word “riot” he described the centrality of the Joint Terrorism Task Force to the Federal response.

We’re making sure that we’re tightly lashed up with our state, local, and federal law enforcement partners across the country, by standing up 24-hour command posts in all of our 56 field offices. We have directed our 200 Joint Terrorism Task Forces across the country to assist local law enforcement with apprehending and charging violent agitators who are hijacking peaceful protests.

Timothy Shea invented an excuse not used in his request to get involved: the DEA has jurisdiction because some people stole controlled substances from pharmacies, possibly after they had been looted.

In addition, DEA continues to investigate drug related crimes, including the theft of controlled substances from looted pharmacies, which is happening here in the District of Columbia and across the country. In the national capital region, approximately or over 150 DEA special agents have partnered with the metropolitan police department at their request and the National Guard to enforce security posts and maintain a secure perimeter in designated areas.

Acting ATF Director Regina Lombardo made a similar claim to jurisdiction (though theirs legitimately extends to explosives activity): ATF is investigating firearm dealer thefts.

 ATF has also responded to 73 federal firearms licensed dealers. We have identified many suspects that made arrest and recovered many firearms already.

When it came to Bureau of Prisons Director Michael Carvajal, the only real excuse he offered was that Billy Barr requested BOP get involved. Though he did offer the bogus claim that BOP’s riot team is “experienced in … conflict resolution.”

The Attorney General asked the BOP to request and assist other law enforcement agencies in maintaining order and peace in the district of Columbia. BOP crisis management teams are highly trained to deal with various types of emergency situations, including crowd control and civil disturbances. They are experienced in confrontational avoidance and conflict resolution.

Barr offered even more transparently bullshit excuses for inviting in the kinds of people who put down riots among violent felons, claiming that there weren’t enough Marshals to go around, and that no one else in the US Government (like Park Police) know how to deal with the kinds of crowds they deal with all the time. Barr also provided a totally bullshit excuse for why the riot teams weren’t wearing identification.

Let me just add that the Bureau of Prisons SORT teams are used frequently for emergency response and emergency situations, in either civil disturbances or hurricanes or other things like that. They’re highly trained. They’re highly trained units. And in fact, in the Department of Justice, we do not really have large numbers of units that are trained to deal with civil disturbances. I know a lot of people may be looking back on history, think we can call on hundreds and hundreds and hundreds of US Marshals, and that’s simply not the case. Our marshals’ response for us is approximately a hundred US Marshals. And so, historically when there have been emergencies where we have to respond with people who do have experience in these kinds of emergencies that are highly trained people, we use what are called SORT teams, response teams from the Bureau of Prisons.

And I could see a number … Now, in the federal system, we don’t wear badges with our name. I mean, the agents don’t wear badges and their names and stuff like that, which many civilian police agents, I mean, non-federal police agencies, do. And I could understand why some of these individuals simply wouldn’t want to talk to people about who they are, if that were, if that in fact was the case.

The photo op was not a photo op

But Barr’s bullshit explanation for why he sicced riot teams on peaceful protestors was still more credible than the excuse he offered for violently attacking peaceful protestors, including priests at a church serving them, for a photo op. He had decided (using the jurisdiction assumed by claiming everything is a federal building) to expand the perimeter around the White House.

Unfortunately, because of the difficulty in getting appropriate units into place, by the time they were able to move our perimeter up to I street, a large number of protestors had assembled on H Street. There were projectiles being thrown and the group was becoming increasingly unruly. And the operation to what… They were asked to three times if they would move back one block, they refused. And we proceeded to move our perimeter out to I Street.

And that had nothing at all whatsoever with the President’s desire for a photo op and he just happened to be in the photo op that had nothing to do with the violent attack on peaceful protestors and the exploitation of a house of worship.

Obviously, my interest was to carry out the law enforcement functions of the federal government and to protect federal facilities and federal personnel, and also to address the rioting that was interfering with the government’s function. And that was what we were doing. I think the president is the head of the executive branch and the chief executive of the nation, and should be able to walk outside the White House and walk across the street to the church of presidents. I don’t necessarily view that as a political act. I think it was entirely-I don’t necessarily view that as a political act. I think it was entirely appropriate for him to do. I did not know that he was going to do that until later in the day after our plans were well underway to move the perimeter, so there was no correlation between our tactical plan of moving the perimeter out by one block and the president’s going over to the church. The president asked members of his cabinet to go over there with him, the two that were present, and I think it was appropriate for us to go over with him.

Let me be clear. These are — most of them — transparently bullshit excuses. Unfortunately, the way our intersecting justifications for using national security authorities work, such transparently bullshit excuses provide the legal cover that the Federal government has long used, especially when it comes to spying on brown people.

To be clear, this is not new. It’s just incredibly ham-handed and pretty transparently done after the fact, after the press already identified Barr’s abuses. And I assume OLC only now is writing memos to match the transparently bogus claims made in yesterday’s presser.

The Father of the DEA Dragnet Sics It on Free Speech

BuzzFeed had an important scoop yesterday, revealing that Timothy Shea — the Billy Barr flunky who presided over the US Attorney’s Office in DC long enough to interfere in the Mike Flynn and Roger Stone prosecutions who has since been put in charge of the DEA — requested authority to engage in domestic surveillance targeting George Floyd protestors.

On top of the problematic implications of the move, in the abstract, it’s worth considering what it might mean more specifically. It might be best understood as Barr deploying all the investigative tools he finds so inexcusable when used against Trump associates being cultivated by a hostile foreign government, using them against Americans exercising their Freedom of Speech and Assembly.

Using the DEA to surveil protestors gives Barr a number of things (in addition to more bodies to throw at the problem). While the DOJ IG Report on Carter Page revealed the FBI has a source with tentacles into all branches of society, the DEA’s informant network is understood to be even more extensive, and often more easily leveraged because of steep war on drug sentences.

There’s good reason to believe the DEA’s access to Stingrays used to track cell phone location escapes the close scrutiny of other agencies. As Kim Zetter noted on Twitter, that may include Dirtboxes, plane-based Stingray technology.

But the FBI and, especially, the US Marshals also have that technology.

What they don’t necessarily have, however, is access to a surveillance program the precursor to which Barr approved, with no legal review, the last time he was Attorney General.

In 1992, Barr authorized the DEA to use a drug related subpoena authority, 876(a), to start collecting the call records between certain foreign countries and the United States. Over time, the dragnet came to include every country the government could claim had any involvement in narcotics trafficking. That dragnet was the model for the phone dragnet that Edward Snowden revealed in 2013. While it was shut down in the wake of the Snowden revelations (and after it became clear DOJ was using it for entirely unrelated investigations), OLC had initiated the process of reauthorizing it in 2014. Given Barr’s fondness for surveillance, it would be unsurprising if he had gotten Trump’s supine OLC to reauthorize and possibly expand its use.

So one thing Barr may be using is the kind of dragnet civil libertarians are celebrating the cessation of in Section 215.

But there’s another DEA dragnet that would be more powerful in this circumstance, and would not need reauthorization: Hemisphere, which was first disclosed in 2013. That’s a program operated under the Drug Czar’s authorities (and therefore substantially hidden under White House authorities). Rather than collect a dragnet itself, the government instead relies on the dragnet AT&T has collected over decades. It asks AT&T to do analysis, not just of call or text records, but also co-location.

A DOJ IG Report on the DEA’s various dragnets released in March 2019 makes it clear (based on redactions) that Hemisphere is still active.

There are many reasons why Barr might want his flunky at DEA to get involved in surveilling Americans exercising their First Amendment rights. Chief among them probably include DEA’s extensive informant network and DEA’s practice of mapping out entire networks based solely on subpoenas served on AT&T.

Both of those are things that Barr has said were totally inappropriate surveillance techniques deployed against political activity.

Curiously, he no longer has any apparent concern about deploying invasive surveillance against sensitive political issues.

Ric Grenell Confesses He Was Worse than Samantha Power at the UN

Starting in 2017, continuing last year during a lull in the manufactured outrage over unmasking, and still today, Samantha Power has been the target of the frothy right’s bile because, when serving as US Ambassador to the UN, she unmasked the names of Americans who showed up in intelligence reports.

According to transcripts of her testimony released last week, Power claimed: “Any time a U.S. person or entity’s name came to me disclosed or annotated, or where I requested it and it came back, I never discussed it with another member of the human race. … I have no recollection of making a request related to General Flynn.”

Power added, “I have never leaked classified information. .. I have never leaked names that have come back to me in this highly compartmented process. I have, in fact, never leaked, even unclassified information.”

At the same time, Power acknowledged she had a “significant appetite for intelligence.” Schiff released the transcripts under pressure from Republicans after the intelligence community declassified them.

Fox News reported in 2017 that Power was “unmasking” at such a rapid pace in the final months of the Obama administration that she averaged more than one request for every working day in 2016 – and even sought information in the days leading up to President Trump’s inauguration, according to multiple sources close to the matter.

Then-House Oversight & Government Reform Committee Chairman Trey Gowdy, R-S.C., said Power had testified that she had not personally directed all of the unmasking requests that appeared in her name.

The implication has always been that it was somehow inappropriate for the Ambassador to the UN to want to understand what the diplomats and those working under official cover in New York were up to.

Which is why this Washington Times report credulously repeating some rants Ric Grenell made on a Mark Levin interview is so interesting. Grenell complained that after he was made Acting Director of National Intelligence, people called him an outsider even though, according to Grenell, he has been a consumer of intelligence since 2001.

Despite being a “consumer of intelligence since 2001,” as he told Levin several times, Grenell’s appointment was panned by Democrats and the media when he arrived in late February.

“Look what they did when I came in and was appointed. They immediately said this is an outsider who has no experience. And I heard that over and over, Mark, from most every news outlet. No experience, no experience. That’s not true. I have different experiences. I’ve been a consumer of intelligence since 2001, longer than a lot of the people who are in charge of overseeing intelligence from Congress. But that didn’t matter to them because I didn’t grow up in the system,” he said.

It’s interesting that Grenell claims he has been a consumer of intelligence since 2001, because from 2009 until his nomination to be Ambassador to Germany, he was a media consultant and did a lot of work for foreign entities — most notably Hungary, but also Moldova, Iran, and China — that have raised real FARA concerns. If he was somehow consuming intelligence during those years, it would make his undisclosed foreign influence peddling far more incriminating.

But Grenell would have had access to intelligence between 2001 and 2008. That’s when he served in a PR and public diplomacy role at … the diplomatic mission to the UN, the very office Power headed under Obama. Mind you, he wasn’t like Power, the person running that mission. He was just a minister working on messaging.

It is in that role — effectively, a position supporting Power’s predecessor — where Grenell claims he read so much intelligence it prepared him to lead the entire Intelligence Community. Which, if true, would suggest that even in a PR role, Grenell was avidly consuming the kind of reports that the frothy right attacks Power for reading.

Three years after the frothy right first started targeting Power, we come to learn that one of the frothy right’s most prominent trolls actually did what Power did, but with far less reason.

In an Attempt to Absolve Mike Flynn, Eli Lake Accidentally (and Erroneously) Accuses Flynn of “Outright Espionage,” Then Lies about the Evidence

As part of the campaign to magnify the cover story for Mike Flynn, Eli Lake has written a long, prettily edited piece laying out the same narrative everyone else uses. It has drawn applause from the typical facilitators of gaslighting: Maggie Haberman, Jonathan Swan, and Pepe the Frog.

But it also got plaudits from someone who normally cares about accuracy and facts as much as pretty narrative, Noah Shachtman, which led me to do a long thread pointing out all the times Eli misrepresented the record or outright lied about it. You can read that thread or read the post I did on Glenn Greenwald’s attempt to defend Flynn and Bill Barr, because Eli makes many of the same false claims that Glenn did, as if there’s a script these men are working from.

Unlike Glenn, though, Eli performs the entire Logan Act part of the script. He claims, as if reading from a Sidney Powell script, that the FBI researched the Logan Act solely to keep any case against Flynn alive.

Bringing up this old chestnut suggests that the FBI was looking for any conceivable pretext to keep its Flynn hunt alive. To that end, the FBI officer overseeing the Flynn case, Peter Strzok, eagerly provided a Congressional Research Service report on the history and utility of the Logan Act to FBI lawyer Lisa Page, who was working in the office of Comey’s deputy, Andrew McCabe.1 In his 2019 memoir, McCabe writes that in “high-level discussion at the relevant agencies and at Justice, the question arose: Was this a violation of the Logan Act?”

And then he points to two more references to the Logan Act in support of a claim that the FBI was considering it.

Then Eli steps in it.

Eli then turns to the scope memo describing what potential crimes Mueller was investigating in 2017, makes no mention that there were four things on the list (none of which are the Logan Act), but does claim the FBI was investigating one of two things: the Logan Act, or “outright espionage.”

Moreover, a recently declassified “scope memo” on the Mueller probe—a document defining the range of issues Mueller was to examine—drafted on August 2, 2017, by then Deputy Attorney General Rod Rosenstein authorized Mueller’s team to investigate whether Flynn had “committed a crime or crimes by engaging in conversations with Russian government officials during the period of the Trump transition.” The only crime or crimes that could be found in this case would either be outright espionage or a violation of the Logan Act.

Here’s the document in which Eli claims to see Flynn investigated for “outright espionage.”

Somehow, Eli skips the opening memo for the Flynn investigation, which names the crimes actually under investigation in August 2016 (and still, on January 24, 2017, along with the Logan Act): FARA and 18 USC 951. Had Eli examined that memo, his entire Logan Act canard would have been clear, and his silence about the evidence showing that the Flynn interview always prioritized Foreign Agent component would be more damning.

The goal of the investigation is to determine the captioned subject, associated with the Trump Team, is being directed and controlled by and/or coordinating activities with the Russian Federation in a manner which may be a threat to the national security and/or possibly a violation of the Foreign Agents Registration Act, 18 U.S.C section 951 et seq, or other related statutes.

It is true that early in 2017, the FBI had decided Flynn’s calls with Russia did not make him a Foreign Agent of Russia (though later obtained evidence may have changed that view). And the Foreign Agent investigation listed in the 2017 memo focused on Flynn’s hidden relationship with Turkey, not Russia.

Nevertheless, in an attempt to defend Flynn, Eli Lake either lies or appears to describe 18 USC 951 as “outright espionage.”

If 18 USC 951 is “outright espionage,” as Eli claims, then an “outright espionage” charge is what Flynn was avoiding when he pled guilty to the false statement charge that Eli is now misrepresenting. Here’s how Brandon Van Grack explained that to Judge Emmet Sullivan at Flynn’s aborted sentencing in 2018.

THE COURT: I think that’s fair. I think that’s fair. Your answer is he could have been charged in that [EDVA] indictment.

MR. VAN GRACK: Yes, Your Honor.

THE COURT: And that would have been — what’s the exposure in that indictment if someone is found guilty?

MR. VAN GRACK: Your Honor, I believe, if you’ll give me a moment, I believe it was a conspiracy, 18 U.S.C. 371, which I believe is a five-year offense. It was a violation of 18 U.S.C. 951, which is either a five- or ten-year offense, and false statements — under those false statements, now that I think about it, Your Honor, pertain to Ekim Alptekin, and I don’t believe the defendant had exposure to the false statements of that individual.

THE COURT: Could the sentences have been run consecutive to one another?

MR. VAN GRACK: I believe so.

THE COURT: So the exposure would have been grave, then, would have been — it would have been — exposure to Mr. Flynn would have been significant had he been indicted?

MR. VAN GRACK: Yes. And, Your Honor, if I may just clarify. That’s similar to the exposure for pleading guilty to 18 U.S.C. 1001.

THE COURT: Right. Exactly. I’m not minimizing that at all. It’s a five-year felony.

MR. VAN GRACK: Yes, Your Honor.

THE COURT: Excuse me one second. (Brief pause in proceedings.)

THE COURT: Yes, Counsel.

MR. VAN GRACK: Your Honor, I’d clarify that the maximum penalty for 18 U.S.C. 951 is a ten-year felony and five years —

According to Flynn’s own sworn statement, that 15 year sentence is what Covington’s lawyers advised he might be facing if he didn’t take a plea deal that (if Flynn behaved) would result in probation.

November 16, 2017, was the first day of the proffer with the SCO. That same evening, after concluding the first proffer, we returned to the Covington offices where my attorneys told me that the first day’s proffer did not go well and then proceeded to talk me through a litany of conceivable charges I was facing and told me that I was looking at the possibility of “fifteen years in prison.”

That Eli considers Flynn’s exposure to 18 USC 951 because he was secretly on Turkey’s payroll “outright espionage” is telling, because — way at the end of the story, as if the Turkish investigation didn’t happen in parallel with the Russian one — Eli finally gets around to mentioning it. When he does, Eli outright lies about the record on Flynn’s work for Turkey. First, he lies that Inovo was the client, not Turkey.

The reason that Flynn put his name to something he knew was not true was that Mueller’s investigators were squeezing him on an unrelated matter.

In August 2016, Flynn took a contract to represent a Dutch firm known as Inovo BV on a project aimed at investigating and defaming Fetullah Gulen, a charismatic Turkish cleric who had become a mortal enemy of Turkey’s president, Recep Tayyip Erdogan, and was living in exile in Pennsylvania. In 2016, Erdogan survived a military coup he blamed on Gulen’s followers. Erdogan’s regime sought Gulen’s extradition back to Turkey, where he would almost certainly have faced the death penalty.

Taking that contract showed horrendous judgment on Flynn’s part. He was the Trump campaign’s national-security adviser and had no business getting himself in the middle of this. That said, it was a potential political problem for Trump, not the national-security threat that many in the resistance now say it was. It’s fair game for journalists and Democrats to make a stink about the Inovo contract. But it was highly unusual for Flynn’s missteps in this case to be the basis for a criminal prosecution on the grounds that Flynn had violated the Foreign Agents Registration Act (FARA).

According to Flynn’s grand jury testimony — almost the only sworn statement that Flynn has not reneged on yet — the work was always being done for Turkey.

Q From the beginning of the project what was your understanding about on whose behalf the work was going to be performed?

A I think at the — from the beginning it was always on behalf of elements within the Turkish government.

[snip]

Q Did he ever mention to you that the project had significantly changed in any way? A He d.id not, no. No, we pretty much stayed on the same track.

Q Did he ever mention to you that the principal beneficiary of the project had changed?

A He did not. He did not, no.

[snip]

Q Let me finish the question if you it be fair to say, as you testified would, General. So would earlier, that the principal beneficiary was the government of Turkey?

A Yes.

Q Or these high-government officials?

A Yeah.

Q Did he ever mention to you that that principal beneficiary or those principal beneficiaries had changed throughout the project ?

A No, no.

Flynn’s testimony describes how, after Ekim Alptekin said the Turkish clients had given him permission to discuss “confidentiality” and budget with Flynn, just days before Flynn sat in on his first classified candidate briefing with Trump, the named client changed to Inovo.

Q Do you see the first part of the email where Mr. Alptekin says, “Gentlemen, I just finished in Ankara after several meetings today with Min. of Economy Zeybekci and M.F.A. Cavusoglu. I have a green light to discuss confidentiality, budget, and the scope of the contract”?

A Mm-hmm.

Q Is this email an example of how Turkish government officials provided the initial approval for the project?

A Sure is.

Q Originally what was the planned source of funding for the project?

A Initially I was told that the Turkish government would likely — you know, may fund it. And then it changed when that came back that they would not fund it, that it would be funded, you know, via different means, via Ekim’s business, basically.

Q Who told you that the Turkish may fund the project originally?

A Bijan. Conversations we had.

Q Do you recall the name of Mr. Alpteikin’s company?

A Inovo.

Not only does Eli outright lie about whom Flynn was working for, he misrepresents the source of Flynn’s registration problems, the reason they became so acute he faced 15 years in prison over them.

Flynn had initially registered the Inovo contract in August 2016 through a less stringent law known as the Lobbying Disclosure Act. He did so on the advice of his counsel at the time. And when Flynn took the contract, that advice was sound. The legal environment for FARA registrations was quite permissive at the time. But at the end of 2017, and with Mueller in hot pursuit and with unlimited resources, Flynn—and his son, Michael Jr.—could have found themselves facing years in prison. So Flynn, in financial ruin and wishing to get his son out of Mueller’s crosshairs, agreed to cooperate.

Eli doesn’t explain that in March 2017, after Trump had been elected, after Flynn had engaged, as incoming National Security Advisor, in discussions about a Russian-Turkish peace plan for Syria, after Flynn had been fired for hiding details of his conversations with Russia, Flynn registered under FARA, but even then lied about having worked for the Turkish government until days before he became National Security Advisor.

This was not, as Eli falsely portrays, about misrepresenting work for a foreign company. It wasn’t even just that, as Flynn, with his Top Secret clearance, was sitting in on Trump’s first classified briefing, he was also inking a deal to secretly work for Turkey. It’s that Flynn continued to lie about it, even in his official FARA filing in March 2017.

And claimed national security hawk Eli Lake, in a bid to make Flynn look less sketchy, repeats the very same lies that got Flynn in such deep legal trouble, Flynn’s cover story for his relationship with the government of Turkey.

It’s one thing to work for foreign entities and hide that fact if you’re a washed out campaign pro, as Paul Manafort was when he hid that he was secretly working for Ukraine’s ruling oligarchs for years. It’s another thing to sit in on classified briefings with a man running for President while hiding that you’re in talks with Turkish government ministers for a half-million dollar deal.

Eli, in a moment of candor or sloppiness, called this “outright espionage.”

That’s Eli’s representation, not mine. In reality, 18 USC 951 is more ambivalent than that, covering a range of secret relationships with foreign governments. But if the facts of Flynn’s relationship weren’t so damning, then why did Eli lie so aggressively to hide them?

Update: Meanwhile, Flynn’s Turkish handler is outraged that the IC might have read his communications with Flynn.

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