The Frothy Right Gets More Excited about an Eight Year Old Phone than Contemporaneous Metadata

As is her wont, Mike Flynn lawyer Sidney Powell engaged in another little bit of theater yesterday.

She demanded that prosecutors turn over two BlackBerry phones, reportedly used by Joseph Mifsud, that “has only recently come into [the government’s] possession,” (which presumably means the Attorney General fed her these details after he returned from Italy). Powell demanded the phones as Brady evidence, even though she didn’t make any effort to claim the phones had anything to do with the crimes her client pled guilty to, crimes he committed in 2017.

Rather, she claims these phones show something that went down in 2014, presumably relating to his termination from DIA.

This information is material, exculpatory, and relevant to the defense of Mr. Flynn, and specifically to the “OCONUS LURES” and agents that western intelligence tasked against him likely as early as 2014 to arrange—unbeknownst to him—“connections” with certain Russians that they would then use against him in their false claims.

She helpfully provides the SIM and IMEI data for the phones, which would enable skilled InfoSec experts with a tolerance for working in gray areas of the law to pull up any metadata still available.

But she also describes that these phones are a 9900 Bold — a phone that dates to May 2011 — and a Classic SQC100-1 that dates to December 2014. In other words, these are old phones, ancient in terms of modern smart phones. They date to before the only known alleged interaction between Mifsud and Flynn, at the RT dinner where he got paid to sit with Vladimir Putin. And while it’s possible they have comms involving George Papadopoulos, it is virtually certain they have nothing pertaining to the lies Mike Flynn told in 2017.

Which means it is virtually certain they contain no Brady evidence pertaining to this case.

But the filing worked as, I’m sure, she (and the Attorney General?) planned, to work the conspiracist right into a frenzy based on a claim that has no basis in the law.

In addition to being insufficiently curious about Mifsud’s presence at that RT gala, the frothy right still have never shown any awareness of this passage, which shows that Mifsud was in touch with someone who seems to have had ties to both the IRA part of the 2016 Russian operation and the GRU side.

Even if Mifsud has had ties to Western intelligence in 2011, it doesn’t say anything about whether he had closer ties to Russia in 2016, when it matters (even for the Papadopoulos story, much less the Flynn one). That’s what spies do. They recruit people with access to people they want information about.

In short, Sidney Powell and Bill Barr have gotten the frothy right more worked up about an 8 year old phone than they have ever been about metadata contemporaneous to Russia’s efforts to sway the 2016 elections.

The President’s Joint Defense Agreement with the Russian Mob

If we survive Trump and there are still things called museums around that display artifacts that present things called facts about historic events, I suspect John Dowd’s October 3 letter to the House Intelligence Committee will be displayed there, in all its Comic Sans glory.

In it, Dowd memorializes a conversation he had with HPSCI Investigation Counsel Nicholas Mitchell on September 30, before he was officially the lawyer for Lev Parnas and Igor Fruman, now placed in writing because he had since officially become their lawyer. He describes that there is no way he and his clients can comply with an October 7 document request and even if he could — this is the key part — much of it would be covered by some kind of privilege.

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.

Once that letter was sent, under penalty of prosecution for false statements to Congress, it became fact: Parnas and Fruman do work for Rudy Giuliani in the service of the President of the United States covered by privilege, Rudy does work for them covered by privilege, and they also do work for Joseph Di Genova and Victoria Toensing about this matter that is covered by privilege.

Dowd might be forgiven if he immediately adopted the strategy that worked so well in guiding Trump through the Mueller investigation: just engage in a 37-person conspiracy to obstruct justice and name it a Joint Defense Agreement. Indeed, there are even similarities with current events. Then, John Dowd, Jay Sekulow, and Rudy Giuliani offered things of value to the others in the JDA — pardons — in exchange for their silence or even lies. Conspicuously, Toensing represented two people that — the Mueller Report seems to suggest — weren’t entirely candid in their testimony, Erik Prince (who managed to lose texts that explained why he was taking back channel meetings with Russians) and Sam Clovis (who sustained his lack of memory of being told that Russians were offering emails long enough for George Papadopoulos to change his mind on that front). Papadopoulos even managed to call Marc Kasowitz, when he still represented the President, to ask if he also wanted to represent a coffee boy with an inclination to lie to the FBI. The strategy all built to its successful crescendo when, instead of cooperating with prosecutors as he signed up to do, Paul Manafort instead figured out what they did and didn’t know, lied to keep them confused, and reported it all back through his own attorney, Kevin Downing, and Rudy to the President.

It was never really clear who was paying the lawyers (aside from the RNC paying Hope Hicks’ lawyers and some other key staffers). And as details of Manafort’s lies came out, it became clear there was some kind of kick-back system to keep the lawyers paid.

Still, Mueller never tied Manafort’s trading of campaign strategy for considerations on Ukraine and payment by Ukrainian and Russian oligarchs to the President. And so it may have seemed sensible for Dowd, in a bit of a pinch, to adopt the same strategy, with Rudy representing everyone, Dowd representing the Ukrainian grifters, and Kevin Downing even filling in in a pinch.

It all might have worked, too, if Parnas and Fruman hadn’t gotten arrested before they managed to flee the country, headed for what seems to have been a planned meeting a day later with their sometime attorney Rudy Giuliani in Vienna, just one day after a lunch meeting with him at Trump Hotel across the street from the Department of Justice that was busy inking an indictment against the Ukrainians even as they paid money to Trump Organization for their meal.

I mean, it still could work. Trump is still the President and DOJ, at least, will give some consideration to the attorney-client claims, so long as Rudy and Trump can maintain the illusion that Rudy is and was really doing legal work for the President.

But something that Dowd may not have considered, before he sent a letter to Congress laying out an incestuous nest of ethical atrocities, is that by the time he sent the letter, DiGenova and Toensing were on the record as representing Dmitry Firtash, a Ukrainian oligarch who was named in some of the early search warrants targeting Paul Manafort. And in March, Rudy Giuliani went on the record to explain that Firtash was, “one of the close associates of [Semion] Mogilevich, who is the head of Russian organized crime, who is Putin’s best friend.” Yesterday, Reuters closed the circle, making it clear that Parnas and Fruman work for Firtash, the former as a translator for DiGenova and Toensing’s representation of Firtash.

Firtash, by the way, is in Vienna, where Parnas and Fruman attempted to flee and where the President’s lawyer was planning to meet them a day later.

Thus, when Dowd wrote Congress, explaining that Rudy worked for both Trump and the Ukrainian grifters, and the Ukrainian grifters worked for DiGenova and Toensing, he was asserting that the President is a participant in an ethical thicket of legal representation with a mob-linked Ukrainian oligarch fighting extradition (for bribery) to the United States. And all of that, Dowd helpfully made clear, related to this Ukraine scandal (otherwise he could not have invoked privilege for it).

In other words, the President’s former lawyer asserted to Congress that the President and his current lawyer are in some kind of JDA from hell with the Russian mob, almost certainly along with the President’s former campaign manager, who apparently gets consulted (via Kevin Downing) on these matters in prison.

If that weren’t all overwhelming enough, there’s one more twist.

The reason Rudy was emphasizing the mob ties of his current partner in crime lawyering, Dmitry Firtash, back in March is because the President’s former former lawyer, Michael Cohen, shared a lawyer at the time with Firtash, Lanny Davis. Davis, the Democratic version of Paul Manafort, is every bit as sleazy as him (which should have been a huge red flag when Davis was parading Cohen around as a big hero). Curiously, at a time when Davis was also representing Firtash and Cohen was furiously trying to come up with some incriminating evidence he could tell prosecutors that might keep him out of jail, Cohen apparently didn’t mention Ukraine at all. Now, the lawyer that Cohen used to but no longer shares with Firtash claims he has some insight onto these Ukrainian dealings. That’s likely just a desperate effort to stay relevant. But who knows?

Until then, John Dowd’s desperate attempt to make this scandal go away the same way he made the Russia scandal go away (if you pretend they’re not actually all the same scandal and thus even the past JDA strategy may end up failing) at the same time involved admitting, in a letter to Congress, that his former client and his then current not-yet-but-soon-to-be-indicted clients are in a Joint Defense Agreement with the Russian mob.

Don’t take my word for it. Take John Dowd’s legal representation to Congress.

The Problem with Letting the Client-in-Chief Rewrite Impeachment Strategy Mid-Week

Daily Beast confirms something I asserted in this post. Trump wrote the intemperate letter that White House Counsel Pat Cipollone signed his name to (with help from Rudy Giuliani, before Rudy started looking down the gun of indictment for conspiracy).

It was crafted, in large part, by President Donald Trump himself.

According to two people familiar with the process, White House Counsel Pat Cipollone had multiple meetings with President Trump in the days leading up to the issuance of the letter. During those meetings with Cipollone, the president would get especially animated when names such as Rep. Adam Schiff (D-CA), chair of the House Intelligence Committee leading the probe into the whistleblower complaint, came up. The sources said that Trump enthusiastically suggested adding various jabs at Democratic lawmakers and would request that their “unfair” treatment of him be incorporated into the letter.

The result was what Bob Bauer, who served as President Obama’s White House counsel, called a “remarkable” and “extraordinarily political document.”

Trump had also privately consulted on the letter with Rudy Giuliani, his notably pugnacious personal lawyer who is at the center of the Ukraine and Biden-related scandal engulfing the administration. Trump talked to Giuliani about how he and the White House should proceed in fighting back and challenging the legitimacy of the impeachment probe, one of the sources noted.

The problem with this (well, one problem) is precisely the one I noted in my post.

The tell — for those teams of well-compensated journalists treating this as a factual document — might have been the addressees. While the letter got sent to Adam Schiff, Eliot Engel, and Elijah Cummings, it did not get sent to Jerry Nadler, who has been pursuing an impeachment inquiry of sorts since the Mueller Report came out. The White House knows Nadler is also part of the impeachment inquiry, because even as the White House was finalizing the letter, Trump’s DOJ was in DC Chief Judge Beryl Howell’s courtroom fighting a House Judiciary request for materials for the impeachment inquiry.

While Trump had Cipollone address the letter to all the Democratic Chairs he was furious at, at that moment, he did not address it to Jerry Nadler, who also has been pursuing impeachment. There’s perhaps good reason why Cipollone didn’t send it to Nadler: because none of the claims made about the Adam Schiff-led Ukraine-related impeachment inquiry are true of the Nadler-led Russia and other corruption led impeachment inquiry, which has tried accommodation, has allowed lawyers to cite White House equities in interviews, and included public hearings.

Indeed, even as Trump was writing this letter and making Cipollone sign it, Trump’s DOJ was arguing an entirely different strategy before DC’s Chief Judge Beryl Howell, effectively arguing that because Nadler was being so accommodating, DOJ could not be forced to turn over grand jury testimony.

The result is a rather significant whiplash to DOJ’s legal strategy with HJC. On Tuesday, in an apparent effort to convince Judge Howell that DOJ was not obstructing HJC’s requests for FBI 302s, which don’t have the protections of the grand jury, they (apparently for the first time) suggested that HJC was going to get most of the 302s they were asking for, including the 302s for two of the guys defending against turning them over, DAAG James Burnham and AAG Jody Hunt, both of whose names are on these filings.

The Department currently anticipates making the remaining FBI-302’s available under the agreed upon terms as processing is completed, so long as they do not adversely impact ongoing investigations and cases and subject to redaction and potential withholding in order to protect Executive Branch confidentiality interests. These include, in alphabetical order (1) Stephen Bannon; (2) Dana Boente; (3) James Burnham; (4) James Comey; (5) Annie Donaldson; (6) John Eisenberg; (7) Michael Flynn; (8) Rick Gates; (9) Hope Hicks; (10) Jody Hunt; (11) Andrew McCabe; (12) Don McGahn; (13) Reince Priebus; (14) James Rybicki; (15) Jeff Sessions. In addition, the Committee requested the FBI-302 for the counsel to Michael Flynn, which also has not yet been processed.

Last night, however, they submitted filings that suggested that because Congress is pursuing impeachment their prior offer for accommodation may no longer be valid.

Finally, as explained in the Department’s filing of October 8, 2019, and its September 13, 2019 response to the Committee’s Application, in early June, the Department agreed to provide to the Committee access to certain FBI-302s in order to accommodate its oversight responsibilities following the Committee’s issuance of a subpoena in April and subsequent letter in May. As further noted in paragraph two of the Department’s Tuesday filing, that agreement includes confidentiality provisions that significantly limit the use and dissemination of information that the Committee accesses. The Department has consistently viewed this agreement as part of the accommodation process in connection with the Committee’s oversight activities. As the Court is aware, subsequent to the filing of this application regarding Rule 6(e) materials, the Speaker of the House stated publicly that, in her view, the House of Representatives has now commenced an impeachment inquiry (in addition to its regular oversight responsibilities). To the extent the Committee now believes future productions in this process are part of that impeachment inquiry, that implicates very different issues for the Executive Branch as a whole–as set forth by the White House in its letter of Tuesday, October 8, 2019, to the Speaker and Chairmen of three committees. The Department and the Committee have not yet discussed whether they may need to amend the current agreement to ensure appropriate handing by the Committee in order for the accommodation process to continue as anticipated. The Department will work diligently with the Committee to resolve this issue and to continue a productive accommodation process.

Effectively, on Tuesday morning DOJ argued that HJC was wrong, their request was not part of an impeachment inquiry, in part because it was so accommodating, so it couldn’t have any grand jury material. Two days later, however, DOJ is saying the very same cooperative process has become an impeachment inquiry that — in spite of Jerry Nadler being excluded from the recipients of Cipollone’s letter — DOJ now considers an impeachment inquiry, and so DOJ won’t comply because other parts of Congress are playing hardball.

Heads I win and you can’t have grand jury materials, tails you lose and you can’t have grand jury materials, is effectively the argument here.

That, and (as noted) DOJ is now claiming that US v Nixon is not binding precedent.

This is what happens when you let the Client-in-Chief do all the lawyering.

Consider How Paul Manafort’s Fate May Have Affected Marie Yovanovitch

WaPo has published fired Ambassador to Ukraine Marie Yovanovitch’s prepared statement from her deposition today. It’s a powerful statement from a committed public servant — so go read it yourself.

But reporters have started focusing on a detail Yovanovitch included, but exclusively as it relates to yesterday’s events. When she asked Deputy Secretary of State John Sullivan why she had been withdrawn with almost no notice, he told her Trump had been pressuring State to do so since Summer 2018.

Finally, after being asked by the Department in early March to extend my tour until 2020, I was then abruptly told in late April to come back to Washington from Ukraine “on the next plane.” You will understandably want to ask why my posting ended so suddenly. I wanted to learn that too, and I tried to find out. I met with the Deputy Secretary of State, who informed me of the curtailment of my term. He said that the President had lost confidence in me and no longer wished me to serve as his ambassador. He added that there had been a concerted campaign against me, and that the Department had been under pressure from the President to remove me since the Summer of 2018. He also said that I had done nothing wrong and that this was not like other situations where he had recalled ambassadors for cause.

It is true that these events would have shortly followed the first efforts from Lev Parnas and Igor Fruman to cultivate Trump and his “free” lawyer, Rudy Giuliani, whom Trump “hired” (for free) in April.

At almost precisely that time, in April 2018, Ukraine stopped cooperating with Mueller on the Manafort prosecution, possibly in response to the approval of an export license for Javelin missiles, one of the same things Trump used again this summer to extort Ukraine.

Nevertheless, Trump’s efforts to fire Yovanovitch took place even while — in spite of Ukraine’s halt to their cooperation — things started going south for the President’s former campaign manager.

The government first moved to revoke Manafort’s bail because he was tampering with witnesses on June 4. Amy Berman Jackson sent him to jail (first club fed, then after his lawyers got cute, Alexandria jail) on June 15. Jurors in EDVA returned a guilty verdict on August 21. And on September 14, Manafort entered into what purported to be a cooperation agreement with Mueller’s prosecutors (but what, instead, turned out to be an intelligence gathering effort on what they knew and wanted to know, intelligence he shared with Trump). Throughout that period, Trump expressed real worry that Manafort would really flip on him.

As I will show, virtually everything we know about Manafort’s purported cooperation effort connects, in some way, to this Ukraine affair. Plus, we know that Rudy Giuliani was consulting with Manafort as he pursued his schemes. And Manafort’s lawyer Kevin Downing — the same one coordinating on these issues with Rudy — represented Parnas and Fruman in their EDVA appearance yesterday.

This Ukraine story is nothing more than the continuation of the Russian story, and much of it goes through Paul Manafort. Thus, it’s not surprising that as it looked increasingly likely that Manafort would pay for his crimes, and might implicate Trump in them, Trump tried to shut down one area of pressure.

Parnas and Fruman are likely just facilitators to make that happen.

Judicial Watch Reveals Reza Zarrab’s Lawyer May Have Pitched Rosenstein on Special Counsel Pick

I love when Judicial Watch liberates documents they think are damning but actually demonstrate that conspiracy theories are false, as they did when they liberated Bruce Ohr documents showing he actually helped the FBI vet the Steele dossier. Then there’s the recent release showing that current US Attorney George Terwilliger was pushing Bill Barr’s theory that Jim Comey deserved to be fired the weekend before Robert Mueller was hired.

But there’s something potentially more important in that batch.

The WaPo’s coverage of Rudy Giuliani and Michael Mukasey’s efforts to pressure Rex Tillerson to push DOJ to release Turkish money launderer Reza Zarrab contextualizes the fall 2017 meeting by recalling that Trump and Erdogan met on May 16, 2017


The two leaders finished their first meeting and performed their ceremonial handshake at about 1PM.

Just half an hour earlier, at 12:30 PM, Andrew McCabe had explained to Rod Rosenstein that he had opened an investigation into Donald Trump. The two then discussed Rosenstein’s thoughts about appointing a special prosecutor. Rosenstein said he was choosing between two candidates, one (who must be Mueller) who could start immediately.

At 1:09, former Deputy Attorney General Mark Filip (and Bill Barr colleague) called Rosenstein from his Kirkland and Ellis phone, left a message, and asked Rosenstein to call him.

At 3:25, Rosenstein wrote back and told him “Mukasey might call.” It’s unclear whether this is Marc or Michael Mukasey, but it doesn’t much matter, because Michael was already representing Zarrab and Marc was very very close to Giuliani.

In other words, within hours after Erdogan met Trump at the White House and asked for Zarrab’s release, someone effectively representing Zarrab appeared to be in touch with Rosenstein, who then suggested that whichever Mukasey it was call Filip.

The thing is, by all appearances, this Mukasey call pertained to question about hiring a Special Counsel. That’s because shortly thereafter, Rosenstein writes Filip back and tells him he’s going with Mueller (which suggests Filip may have been his other candidate).

If all that’s right, it suggests one of Zarrab’s lawyers may have weighed in on the Special Counsel decision just minutes after Erdogan requested Trump release him and (simultaneously) a key McCabe-Rosenstein meeting.

That’s not all that surprising. After all, the Mike Flynn investigation had already developed to include at least two of four strands, the lies about Russia and the lies about Turkey.

But then Rosenstein chose to appoint Mueller, not his other choice (who may have been Filip).

From that moment, Republicans were pushing the Bill Barr line. And Bill Barr is now in charge (and was, for the closure of the Mueller investigation). And that push may have had as much to do with Turkey as it did Russia.

DOJ Suddenly Decides It Can Share the McCabe, Comey 302s with Congress

After DOJ asserted to DC Chief Judge Beryl Howell that US v. Nixon would be decided differently today, the judge instructed the parties fighting over whether DOJ will share the grand jury materials from the Mueller investigation with Congress to get busy. She set of bunch of short deadlines to determine the validity of DOJ’s claims to secrecy. As part of that, she had DOJ explain which FBI 302s (interview reports) it had shared of those the House Judiciary Committee requested, then had HJC fact check that list.

According to HJC, DOJ’s declaration alerted them, for the first time, that some of the redactions in 302s were made to protect “Executive Branch confidentiality,” a claim they’ll move to challenge.

Although DOJ discussed the bases for redaction in its Supplemental Submission and at the October 8, 2019 hearing, see DOJ Supp. Sub. ¶ 4; Hr’g Tr. 48-49 (Oct. 8, 2019), none of the bases for redactions are listed or otherwise indicated on the FBI-302 reports reviewed by the Committee. Instead, portions of the FBI-302 reports are simply blacked out without any explanation. During the Committee’s on-site reviews of the FBI-302 reports and in calls between Committee and DOJ officials, the Committee has repeatedly requested that DOJ specifically identify the complete set of bases for its redactions. The Committee still has not received this information as to any of the FBI-302 reports it has reviewed. While the Committee is generally aware that there were redactions for personally identifiable information, until the discussion during yesterday’s hearing and in DOJ’s Supplemental Submission, the Committee was unaware, for example, that the bases for redactions included either “Executive Branch confidentiality interests,” DOJ Supp. Sub. ¶ 4, or “presidential communications,” Hr’g Tr. 48:19- 20 (Oct. 8, 2019).

The more interesting revelation from the exchange, however, pertains to whether or not DOJ was going to supply all 302s, and which ones they might suppress. As DOJ explains, it has given HJC 302s for 17  of the 33 people they asked for (though the Rob Porter and Uttam Dhillon 302s were mostly redacted):

The Committee requested FBI-302s for 33 individuals. To date the Department has provided access to the FBI-302s of 17 of those individuals, several of whom had multiple interviews. Those individuals are (in alphabetical order): (1) Chris Christie, (2) Michael Cohen (six separate FBI-302s); (3) Rick Dearborn; (4) Uttam Dhillon; (5) John Kelly; (6) Jared Kushner; (7) Cory Lewandowski; (8) Paul Manafort (seven separate FBI-302s); (9) Mary McCord; (10) K.T. McFarland (five separate FBI-302s); (11) Stephen Miller; (12) Rob Porter (two separate FBI-302s); (13) Rod Rosenstein; (14) Christopher Ruddy; (15) Sarah Sanders; (16) Sean Spicer; (17) Sally Yates.

But it has thus far withheld 302s from a group of others.

The Department currently anticipates making the remaining FBI-302’s available under the agreed upon terms as processing is completed, so long as they do not adversely impact ongoing investigations and cases and subject to redaction and potential withholding in order to protect Executive Branch confidentiality interests. These include, in alphabetical order (1) Stephen Bannon; (2) Dana Boente; (3) James Burnham; (4) James Comey; (5) Annie Donaldson; (6) John Eisenberg; (7) Michael Flynn; (8) Rick Gates; (9) Hope Hicks; (10) Jody Hunt; (11) Andrew McCabe; (12) Don McGahn; (13) Reince Priebus; (14) James Rybicki; (15) Jeff Sessions. In addition, the Committee requested the FBI-302 for the counsel to Michael Flynn, which also has not yet been processed.

It’s an interesting list to withhold.

Hicks, of course, was privy to a great deal (including Trump’s effort to lie about the June 9 meeting), and her testimony about certain communications during the campaign was actually fairly revealing.

At least two of these may be withheld for the pendency of the Roger Stone trial; both Steve Bannon and Rick Gates will be witnesses, and Mike Flynn’s discussions of WikiLeaks may come up as well.

These 302s (and Dhillon’s heavily redacted one) cover virtually all of the White House’s side of discussions not to fire Mike Flynn right away after discovering he lied about his call with Sergey Kislyak: James Burnham, John Eisenberg, Don McGahn, and Reince Priebus, and of course Flynn himself, were all key players in that. Of course, Eisenberg (who’s the lawyer who decided to hide the records on Trump’s call to Volodymyr Zelensky) was involved in other acts that might indicate obstruction, including advising KT McFarland not to create a false record about what Flynn said. And McGahn was involved in much else (and might even have been asked about Stone’s campaign finance issues, which McGahn represented him on, and the awareness of the Trump campaign about will be an issue at Stone’s trial). But I find it acutely interesting that DOJ is withholding a bunch of records that will make it clear how damning Trump’s reluctance to fire Flynn was, even as Flynn attempts a propaganda driven effort to give Trump an excuse to pardon him.

Then there are the 302s pertaining to the recusal of Jeff Sessions and firing of Jim Comey (and immediate pressure on Andrew McCabe). Those include Comey himself, McCabe, Rybicki, Hunt, Sessions, and Dana Boente. The fact that DOJ has been withholding these (and it’s suggestion that there are ongoing investigations) is really sketchy: it suggests that DOJ may have been withholding really damning 302s from Congress so it can decide whether to indict McCabe and — presumably — wait for DOJ IG to finish its investigation of the FISA orders some of these men approved. In other words, DOJ has been releasing one after another damning claim against Comey and McCabe, but withholding evidence about why they might be targeted.

It’s also noteworthy that Boente and McGahn’s memory regarding an effort McGahn made to shut down the Russian investigation is one of the greatest conflicts of testimony in the entire Mueller Report.

The 302s DOJ has been withholding also happens to include 302s of current DOJ officials. Boente is the FBI General Counsel. More alarmingly, Jody Hunt runs the Civil Division and Burnham is his Deputy. These are the men directing the DOJ effort to make breathtaking claims about impeachment, and they’re hiding their own actions in the investigation about which Congress is considering impeachment.

But, having been asked by Howell what the state of affairs is, DOJ has now decided that they’re going to turn over 302s they previously had suggested they might withhold. HJC expressed some surprise about the sudden change of plans.

With respect to the outstanding FBI-302 reports, the Committee was surprised but encouraged by DOJ’s statement in its supplemental filing that it “currently anticipates making the remaining FBI-302s available.” DOJ Supp. Sub. ¶ 5. The Committee had previously understood from its recent communications with DOJ that DOJ’s production was nearing completion and that there were only a limited number of remaining documents that DOJ would disclose.

It will be interesting if and when HJC obtains these records to see how DOJ tried to protect itself.

Update: I’m reminded of two things. First, as I copied out this URL, I recalled that Turkey, along with Russia, would have known that he lied about his calls with Sergey Kislyak.

Also, in the government’s most recently filing in the Mike Flynn case, they revealed that he had not been in possession of the interview reports from between the time he was initially interviewed and the time he pled guilty.

Based on filings and assertions made by the defendant’s new counsel, the government anticipates that the defendant’s cooperation and candor with the government will be contested issues for the Court to consider at sentencing. Accordingly, the government will provide the defendant with the reports of his post-January 24, 2017 interviews. The government notes that the defendant had counsel present at all such interviews.

This suggests that the government was withholding reports that would make it clear that Flynn continued to lie, even after he lawyered up.

Bill Barr Risks becoming George Papadopoulos’ Coffee Boy

I’m not a conspiracy theorist. Everything I’ve ever tweeted or — probably, if that’s what you’re referring to, it’s just backed by things I’ve read in the media. George Papadopoulos

First, I testified against both Downer and Mifsud a year ago to help launch Durham’s investigation. Now, the fruit of that accurate testimony is exposing the global nature of the attempt to set up the 2016 campaign and interfere in the democratic process. George Papadopoulos

There has only been one roadmap that clearly identifies what AG Barr and John Durham are investigating abroad, it’s all in my book. George Papadopoulos

In this post, I noted that Attorney General Bill Barr had put himself in the role of an FBI line Agent and flown to Italy not so he could interview Joseph Mifsud — and so obtain information that might be useful in assessing the credibility of his Russian-backed lawyer’s claim that Mifsud actually worked for Western, not Russian, intelligence — but instead to sit in a room and watch a movie, the taped deposition made by Mifsud’s Russian-linked lawyer.

Not only had Barr flown to Italy without obtaining the real ask, a face-to-face interview, but he did so chasing claims that were laundered through one of the frothy right’s stenographers into the mouth of George Papadopoulos for his October 24, 2018 Congressional testimony, provenance so unbelievably sketchy it would be shameful for Rudy Giuliani to chase the conspiracy theory, much less the Attorney General of the United States of America on the taxpayer dime.

As a reminder, to try to help him avoid prison for lying to the FBI, Papadopoulos’ lawyers explained that in 2016, “To say George was out of his depth would be a gross understatement” and described his pursuit of ties to Russia as part of his campaign work as an attempt to, ” be at the center of a globally significant event.” They explained that he “lied, minimized, and omitted material facts” about the Russian investigation, “Out of loyalty to the new president and his desire to be part of the administration.” This is not a man you’d think anyone in government would take seriously.

I think, because Papadopoulos has so little credibility outside of the frothy right, traditional journalists largely ignored the role of Papadoulos and his Congressional testimony until it had already taken hold of the entire frothy right. That’s changing. Vox has a good post on Papadopoulos’ centrality in Bill Barr’s treasure hunt, and NYT tried to debunk the Italian part of it pertaining to Mifsud.

But I’d like to look at one more detail, that makes Papadopoulos’ obvious lack of credibility even more non-existent.

Most of the conspiracy theories he floated in his testimony didn’t even come from his first-hand information. Rather, they’re stuff he read, often from known stenographers for the frothy right, relying on sources that are fairly obviously either close to the President and/or close to Russian and Ukrainian sources who shouldn’t be trusted; where he relied on credible journalists, he misrepresented it. Papadopoulos, then, serves not as witness. Instead, he’s just an empty vessel being used by others to carry a concocted story.

Papadopoulos obtained his beliefs about Joseph Mifsud from the Daily Caller, La Republica, Fox News, and other unsourced reports

One of the few exceptions is that Papadopoulos believes that Alexander Downer recorded the conversation in which Papadopoulos told the Australian that someone had told him Russia had dirt on Hillary they were going to release material on Hillary to help the Trump campaign because Downer holds his phone when he speaks.

You know, at that time, I’m like, Wow, all these, you know, very senior diplomats and people want to just meet this 28-year old young aid who just joined the campaign, I think, or month or so before. But why not, you know. They could send it back to the campaign that I just met with the Australian diplomat. What I’m going to tell you right now is what I remember telling special counsel directly to their face, too. One, I felt like Alexander Downer — first, I felt the meeting was completely controlled. That he was sent to meet me by some entity or some organization, and that he was recorded my conversation with him. And what do I mean by recording my conversation? If I had my phone I would show you of how strange this character was acting. I sat down with him and he pulls his phone out and he starts holding it like this towards me.

Mr. Meadows. Here.

Mr. Papadopoulos. Here, I’ll show you. And I told the special counsel this over a year ago. I’m sitting down within 5 or 6, 7 minutes of meeting this person, I’m talking and he goes like this to me, stone-faced, just holding his phone like this towards me. And I didn’t know what to think except do I tell him Will you stop recording me, or, What are you doing? Because it was just, it just left such an indelible memory of how this individual was acting that I never forgot it, and I felt that he was recording it and the meeting was controlled. So he held his phone up like this.

But Papadopoulos believes that Downer is a spy, not a diplomat, because of something he read (he doesn’t say what).

Mr. Meadows. That’s correct. And so following up on the question from my colleague here about transcripts. Was there any other time that you felt like that you might have been recorded or surveilled in a manner, as you’re looking back on it now? Obviously, at the time, you might not have been aware of it. Is there any time that you said, well, you know, this just doesn’t feel right? Can you share that with the committee?

Mr. Papadopoulos. Certainly, sir, and thank you for your kind words. I was — let’s go to the Alexander Downer meeting, this Australian person, who I’m —

Mr. Meadows. And for the record, this is the Australian diplomat as it has been reported, at least, the Australian diplomat, Mr. Downer.

Mr. Papadopoulos. Mr. Downer, that’s right, who, it’s my understanding, is probably the top diplomat in Australia, or was before he retired. He was the head of what I think is the equivalent of the CIA in Australia for around 17 years. I think that’s what I read about him. Anyway, he’s a very unknown person, this isn’t counselor at the Australian embassy in London, okay. [my emphasis]

As for the source of that information, Papadopoulos told Congress he held two incompatible beliefs, both beliefs he took from something he read. Most critically, the belief that got Bill Barr to fly to Italy — that Mifsud actually works for Western, not Russian, intelligence — Papadopoulos cited to a Daily Caller article which itself relayed claims Mifsud’s Russian-backed lawyer made he had read the day before.

Q Okay. So, and Mifsud, he presented himself as what? Who did he tell you he was?

A So looking back in my memory of this person, this is a mid-50’s person, describes himself as a former diplomat who is connected to the world, essentially. I remember he was even telling me that, you know, the Vietnamese prime minister is a good friend of mine. I mean, you have to understand this is the type of personality he was portraying himself as.

And, you know, I guess I took the bait because, you know, usually somebody who — at least in Washington, when somebody portrays themselves in a specific way and has credentials to back it, you believe them. But that’s how he portrayed himself. And then I can’t remember exactly the next thing that happened until he decided to introduce me to Putin’s fake niece in London, which we later found out is some sort of student. But I could get into those details of how that all started.

Q And what’s your — just to kind of jump way ahead, what’s your current understanding of who Mifsud is?

A My current understanding?

Q Yeah. A You know, I don’t want to espouse conspiracy theories because, you know, it’s horrifying to really think that they might be true, but just yesterday, there was a report in the Daily Caller from his own lawyer that he was working with the FBI when he approached me. And when he was working me, I guess — I don’t know if that’s a fact, and I’m not saying it’s a fact — I’m just relaying what the Daily Caller reported yesterday, with Chuck Ross, and it stated in a categorical fashion that Stephan Roh, who is Joseph Mifsud’s, I believe his President’s counsel, or PR person, said that Mifsud was never a Russian agent.

In fact, he’s a tremendous friend of western intelligence, which makes sense considering I met him at a western spying school in Rome. And all his interactions — this is just me trying to repeat the report, these are not my words — and when he met with me, he was working as some sort of asset of the FBI. I don’t know if that’s true or not. I’m just reporting what my current understanding is of this individual based on reports from journalists.

[snip]

Q And then at what point did you learn that, you know, he’s not who he said he was?

A Like I said, I don’t have the concrete proof of who this person is. I’m just going with reports. And all I can say is that I believe the day I was, my name was publicly released and Papadopoulos became this person that everyone now knows, Mifsud gave an interview to an Italian newspaper. And in this newspaper, he basically said, I’m not a Russian agent. I’m a Clinton supporter. I’m a Clinton Foundation donor, and that — something along those lines. I mean, don’t quote me exactly, you could look up the article yourself. It is in La Republica. And then all of a sudden, after that, he disappears off the face of the planet, which I always found as odd.

[snip]

I guess the overwhelming evidence, from what I’ve read, just in reports, nothing classified, of course, because I’m not privy to anything like that, and considering his own lawyer is saying it, Stephan Roh, that Mifsud is a western intelligence source. And, I guess, according to reports yesterday, he was working with the FBI

Meanwhile, Papadopoulos explains away Joseph Mifsud’s mention of Hillary’s emails weeks later to a comment that Andrew Napolitano made on Fox News the day before (not, as he claimed to believe in the same testimony, that it was a big Deep State set-up), even though Papadopoulos believed Mifsud really believed in the emails at the time and didn’t know of the Napolitano link. Papadopoulos also mischaracterizes what he believed about Mifsud at that moment and even later, given his public emails from the time.

A Yeah. So my understanding, my current memory of this meeting was that he invited me to the Andaz Hotel in London by Liverpool Street Station, I guess on April 26, 2016. And at this meeting, he was giddy, you know, like he had something he wanted to get off his chest. And he tells me that the Russians have thousands of Hillary Clinton emails. I never heard the word DNC.

[snip]

A And I’ve said this on TV, and I’m saying it here, I never heard the words DNC, Podesta, anything like that. I just heard “the Russians have thousands of Hillary Clinton’s emails.” And at that time, and we could look at the records, people were openly speculating about that, too. I think even Judge Napolitano on Fox News, the day before I met with Mifsud on April 25th was openly speculating the same thing. So my impression when he told me this information at the time was he is validating rumors. Because I didn’t feel that I heard something so different, like Democratic National Committee emails, WikiLeaks, I didn’t hear anything like that. So yeah, it was an interesting piece of information, but you know, by that point you have to understand, he had failed to introduce me to anyone of substance in the Russian Government. So he failed to do that, but now all of a sudden he has the keys to the kingdom about a massive potential conspiracy that Russia is involved in. So that was my mindset when he told me this.

[snip]

Q So to the best of your understanding now, you know, how do you believe Mr. Mifsud would have known about these — you know, the Russians having these Clinton emails?

A My understanding now?

Q Uh-huh. A Well, one —

Q Or at the time or now, but —

A Well — well, one, as I stated, but I don’t want to be exactly quoted, I believe the day before Joseph Mifsud told me about this issue, I believe April 25, 2016, Judge Andrew Napolitano was on Fox News openly speculating that the Russians have Hillary’s emails. I don’t know if that’s true or not. Somebody told me that that’s what happened. I’m not sure. That he might have heard it from there. He might have been telling the truth that he heard it from people in Russia. He might have been working for Western intelligence like the evidence now suggests he was. I don’t know. That’s not my job to figure it out.

[snip]

A My current memory makes me believe that he was stating it as a fact, and I took it as well.

Q And did you believe him at the time?

A At the time, yeah.

So to sum up the source of Papadopoulos’ congressional testimony regarding his beliefs about his interactions with Mifsud and then Downer, he’s relying on:

  • Excuses relying on a Fox News host
  • A Daily Caller story that relies on a Russian backed lawyer
  • Some other unsourced claim
  • Downer’s posture and mannerisms

Papadopoulos obtained his beliefes about the Stephan Halper meetings from Twitter, NYT, and John Solomon

A similar pattern emerges regarding his interactions with Stephan Halper, the FBI informant sent with a presumed undercover Agent using the name Azra Turk to interview Papadopoulos about how he learned of the Hillary emails. Papadopoulos’ testimony to Congress is that he believes Azra Turk’s name is fake (it almost certainly was) because of something he read on Twitter

So I get there. I get to London. And he introduces — or he does not introduce me to, but I can’t remember exactly how I came into contact with his assistant, this young lady named Azra Turk, which I think is a fake name, by the way. My —

Mr. Meadows. Why do you believe it’s a fake name?

Mr. Papadopoulos. Reading — reading Twitter and people saying that Azra in Turkish means pure and then Turk. So unless she has the name of pure Turk.

He testified he believes Turk asked him about hacking because he read it in the NYT (the NYT actually shows Halper asked about this).

Mr. Papadopoulos. Just who I am, my background in the energy business, because everyone was curious about my background in the energy business in Israel. And that’s another thing we’ll get to about what I think why I had a FISA on me, but I don’t know. She then apparently — I don’t remember it, I’m just reading The New York Times. She starts asking me about hacking. I don’t remember her actually asking me that, I just read it in The New York Times. Nevertheless, she introduces me the next time to Stefan Halper.

Mr. Meadows. She asked you about hacking?

Mr. Papadopoulos. I don’t remember it. I just — I think I read that particular —

Mr. Meadows. You’ve read that?

Mr. Papadopoulos. Yes, that’s what I — I think I read it in The New York Times.

And Papadopoulos believes (correctly) there is a transcript of these conversations and (falsely) that it is exonerating because of what John Solomon wrote days earlier.

Mr. Papadopoulos. I’m sure the transcript exists and you’ve probably read it, so I don’t want to be wrong on exactly what he said. But —

Mr. Meadows. You say a transcript exists. A transcript exists of that conversation?

Mr. Papadopoulos. That’s I guess what John Solomon reported a couple days ago.

Mr. Meadows. So are you aware of a transcript existing? I mean —

Mr. Papadopoulos. I wasn’t aware of a transcript existing personally.

Mr. Meadows. So you have no personal knowledge of it?

Mr. Papadopoulos. I had no personal knowledge, no.

Mr. Meadows. But you think that he could have been recording you is what you’re suggesting?

Mr. Papadopoulos. Yes.

Mr. Meadows. All right. Go ahead.

Mr. Papadopoulos. And after he was throwing these allegations at me, I —

Mr. Meadows. And by allegations, allegations that the Trump campaign was benefiting from Hillary Clinton emails?

Mr. Papadopoulos. Something along those lines, sir. And I think I pushed back and I told him, I don’t know what the hell you’re talking about. What you’re talking about is something along the lines of treason. I’m not involved. I don’t know anyone in the campaign who’s involved. And, you know, I really have nothing to do with Russia. That’s — something along those lines is how I think I responded to this person.

As I have noted, if the transcript reflects what Papadopoulos says it does, it shows that he lied about ongoing connections to Russia; he had been planning a secret meeting with Russia for precisely that date during the summer, and would boast of a pro-Russian interview to Mifsud some weeks later (which got him fired from the campaign). Plus, Papadopoulos’ claim an action — optimizing the WikiLeaks releases, which Roger Stone was doing even as Papadopoulos gave this answer — would amount to treason explains why he would lie to the FBI about any knowledge four months later. That is, the transcript, if it says what Papadopoulos says, shows the deceit of a guilty conscience, not exoneration.

Papadopolous cites an article quoting his lawyer saying his arrest was totally legal to claim it was rushed

In addition to citing his beliefs about the Israeli that almost got him charged with being a foreign agent of Israel to a misreading of a WikiLeaks cable, Papadopoulos does this most hysterically in attempting to respond to Mark Meadows’ clear demands that he claim the circumstances of his arrest (and a border search of his briefcase the likes of which happens all the time to brown people who aren’t even being arrested) was improper. At the beginning of a colloquy where Papadopoulos repeatedly stops short of using the inflammatory language Meadows tries to feed him,, the former campaign aide suggests a Politico story suggested a deviation from the norm on arrests.

So everything was done in a very — I had never been arrested before. I didn’t know that was a normal procedure. But reading certain articles about my arrest in Politico and other newspapers, it seems like there was some sort of rush to arrest me and —

[snip]

Mr. Meadows. So you didn’t say, Why are you arresting me?

Mr. Papadopoulos. The only thing I remember was something along the lines of — and I can’t remember if it was after I had the handcuffs on me that they told me this is what happens when you don’t tell us everything about your Russia contacts. But I don’t remember any formal charges, or them telling me You are under arrest for X, Y or Z. That, I don’t remember at all.

Mr. Meadows. They told you — I guess, they gave your Miranda rights?

Mr. Papadopoulos. I don’t remember that. I don’t remember that. I’m sure there might be the video or a transcript of what was going on. You have to understand, I had just come off a trans-Atlantic flight.

Mr. Meadows. Right.

[snip]

Mr. Meadows. So that’s your testimony. So they basically take your briefcase and they start searching it? Did they ask you permission to search it?

Mr. Papadopoulos. My memory is that they put me in the room at the airport, did not ask me for any permission whatsoever, and then they began to search through my briefcase in a very, quite violent manner.

Mr. Meadows. By “violent,” what do you mean, just ripping it —

Mr. Papadopoulos. Just opening it, like that, putting their hands and just digging around. That’s, I just didn’t understand what was going on.

Mr. Meadows. And they didn’t indicate what they were looking for?

Mr. Papadopoulos. I don’t remember them indicating anything, no. And I don’t remember them actually formally, I guess, looking through my bag until I — I can’t remember — after we went in a car to another facility where I was processed. It was very strange.

Mr. Meadows. So did they show you a warrant to search those things?

Mr. Papadopoulos. I didn’t —

Mr. Meadows. Did they have a warrant to search your —

Mr. Papadopoulos. I don’t remember any warrant. In fact, the whole situation was very, it seemed very rushed and very chaotic.

Mr. Meadows. So you’re telling me that they searched your personal property without a warrant prior to you coming through Customs?

Mr. Papadopoulos. That’s what I remember, yes, sir.

Here’s the Politico report. While reporting that the arrest was likely done in an attempt to shock Papadopolous, it also cites his own lawyer saying, “What they did was absolutely lawful,” [Thomas] Breen said. “If I had a complaint, you’d know about it. I’ve got a short fuse.”

Mark Meadows allowed Papadopoulos to tell a less damning fairy tale by neglecting to get backup emails from him first

This charade, letting a witness testify to Congress not about what he personally knows, but what he read about himself, often what he read in propaganda outlets relying on sketchy sources, would be bad enough. It was made far, far worse because of a simple fact about the hearing: the Republicans who set it up (and this appears to have been run almost entirely by Mark Meadows) did not, first, demand that Papadopoulos provide the backup documents that would make such questioning even remotely worthwhile.

As a result, Papadopoulos responded to question after question that went to the substance of his sustained interest in working with Russia with vague claims about what he did and did not remember and a offer, instead, to share the emails that might pinpoint what he really knew and did. Over and over, he happens to tell a story that is less damning.

Whether out of forgetfulness or deceit, for example, Papadopoulos foreshortens two things about the campaign: first, the claimed date when the campaign started covering up its ties to Russia, which was July, not May.

Q You said also that you continued to suggest this Trump-Putin summit, but eventually, you found out that the campaign just wasn’t interested. Can you tell me the process by which you came to understand that the campaign wasn’t interested in setting up a Trump-Putin meeting?

A Yes. As I remember it, by the time Manafort took the helm of the campaign, I just emailed him, Are we interested in this or not? I think I forwarded to him an email from Ivan Timofeev where he’s asking for a letter to be signed by the campaign if this is a serious proposal or not, something like that. And I don’t think I ever received a response from Manafort. And you just put two and two together, no one’s interested, so stop it.

He also foreshortens the time he was in contact with Mifsud, which extended even after the election.

Q When was the last time you remember communicating with Professor Misfud?

A Off the top of my memory I think it was the summer of 2016.

Perhaps the most glaring instance of this, however, pertains to whether Walid Phares was involved in pursuing a secret meeting with Russia that would have taken place at the precise time Papadopoulos was in London getting interviewed by Stefan Halper. Papadopoulos answered a question about whether he discussed the secret meeting with Phares not by answering, but by saying he wasn’t sure it was in the emails.

Q You mentioned a number of emails where both of you would have been copied. Did you and Mr. Phares have any direct communication just the two of you?

A We met face to face at the TAG Summit. And then we obviously met at the March 31st meeting. And I can’t remember if we met another time in person or not. But we certainly were in correspondence for months over email.

Q Did you discuss your efforts to set up the Putin-Trump meeting with Mr. Phares?

A I’m not sure he was copied on those particular emails, but I could send whatever emails I have with him to the committee. It’s fine with me.

As the Meuller Report makes clear, very very damning details about precisely this topic were in Papadopoulos’ emails.

Papadopoulos remembered discussing Russia and a foreign policy trip with Clovis and Phares during the event.484 Papadopoulos’s recollection is consistent with emails sent before and after the TAG summit. The pre-summit messages included a July 11, 2016 email in which Phares suggested meeting Papadopoulos the day after the summit to chat,485 and a July 12 message in the same chain in which Phares advised Papadopoulos that other summit attendees “are very nervous about Russia. So be aware.”486 Ten days after the summit, Papadopoulos sent an email to Mifsud listing Phares and Clovis as other “participants” in a potential meeting at the London Academy of Diplomacy.487

This is what any hearing with George Papadopoulos should be about, details that would make any allegation that his claim, in mid-September, that he had nothing to do with Russia would be inculpatory, not exculpatory. But that’s not the hearing Mark Meadows decided to stage.

According to someone familiar with the aftermath of this hearing, Papadopoulos never did supply the emails he promised, at least not in a way such that they got shared with Democratic staffers.

Papadopoulos tells Congress there is no substance behind allegations that the main source for his allegations made

The whole hearing was absurd, which is why it is all the more ridiculous that the Attorney General of the United States is running around the world treating these conspiracies as if they have merit.

But don’t take my word — or the public record — for it. Take the word of the hearing’s star witness, George Papadopoulos. He told Congress that there was no substance to the allegations that Stephan Roh, the Mifsud lawyer whose conspiracies Bill Barr is currently chasing, had made that he, Papadopoulos, was a western intelligence operative.

Q Are you aware that in a Daily Caller article, Mr. Roh has referred to you as a western intelligence operative?

A I wasn’t aware of that, but I was aware he wrote a book where he speculated that I could be that, but of course I don’t know this person beyond a couple of emails and phone calls, so, of course, he has no substance behind any allegations.

So on the one subject about which Papadopoulos claimed to have first hand knowledge here, he said Roh was making stuff up.

And yet, Bill Barr still treats Roh’s other allegations — the ones laundered through propaganda outlets — as true.

The Conspiracy Theories Flynn Wants to Resuscitate and the McCabe Investigation

Lost in the frenzy regarding the conspiracy theories Rudy Giuliani is planting and the Attorney General is personally chasing is the government’s response to Mike Flynn’s purported “Brady” demand — which accuses Flynn lawyer Sidney Powell of planting conspiracy theories. I tweeted about the package in this thread. While there may be a dispute about a few items, I correctly predicted that the main legal question is whether Emmet Sullivan will interpret his standing Brady order — requiring that prosecutors turn over Brady information even for defendants pleading guilty — will extend to Giglio information impeaching witnesses. In response to a request for any Brady or Giglio information discovered by DOJ’s Inspector General in the last two years, DOJ states flat out Giglio is not covered by Sullivan’s order.

The government has already provided the defendant with all Brady material; it is not obligated to provide Giglio material pursuant to the Court’s Standing Order, United States v. Flynn, 17-cr-232 (D.D.C. Feb. 16, 2018) (Doc. 20).

And much of the rest of what Powell is asking for, pertaining to Peter Strzok at least, would be Giglio.

That said, there is a part of the government’s substantiation that Sidney Powell is sowing conspiracy theories that deserves more attention. The government lays out how Flynn lawyer Rob Kelner asked the government three times about a conspiracy theory that Andrew McCabe, before Powell asked a fourth time.

The defendant’s complaints and accusations are even more incredible considering the extensive efforts the government has made to respond to numerous defense counsel requests, including to some of the very requests repeated in the defendant’s motion. For instance, the defendant alleges that former FBI Deputy Director Andrew McCabe said, “‘First we f**k Flynn, then we f**k Trump,’ or words to that effect;” and that Deputy Director McCabe pressured the agents to change the January 24 interview report. See Mot. to Compel at 4, 6 (Request ##2, 22). Defense counsel first raised these allegations to the government on January 29, 2018, sourcing it to an email from a news reporter. Not only did the government inform defense counsel that it had no information indicating that the allegations were true, it conducted additional due diligence about this serious allegation. On February 2, 2018, the government disclosed to the defendant and his counsel that its due diligence confirmed that the allegations were false, and referenced its interview of the second interviewing agent, who completely denied the allegations. Furthermore, on March 13, 2018, the government provided the defendant with a sworn statement from DAD Strzok, who also denied the allegations.

Nevertheless, on July 17, 2018, the defense revived the same allegations. This time, the defense claimed that the source was a staff member of the House Permanent Select Committee on Intelligence (“HPSCI”). The HPSCI staff member allegedly told the defendant that the second interviewing agent had told the staff member that after a debrief from the interviewing agents, Deputy Director McCabe said, “F**k Flynn.” Once again, the government reviewed information and conducted interviews, and once again confirmed that the allegations were completely false. And after defendant and his counsel raised the accusation for a third time, on October 15, 2018, the government responded by producing interview reports that directly contradicted the false allegations. Despite possessing all of this information, defense counsel has again resurrected the false allegations, now for a fourth time. See Mot. to Compel at 4, 6 (Request ##2, 22)

The persistence of this conspiracy theory — and HPSCI’s role in perpetuating it — is significant for another reason.

The IG Report on Andrew McCabe discusses how DOJ IG came to investigation McCabe this way.

In May 2017, the FBI Inspection Division (INSD) expanded a pre-existing investigation of media leaks to include determining the source of the information in the October 30 WSJ article regarding the August 12 McCabe-PADAG call. INSD added the October 30 article to their pre-existing matter because it appeared to involve an instance of someone at the FBI leaking the Deputy Director’s private conversations to the media.

The backstory to this is that Jim Comey asked the Inspection Division to investigate leaks (remember, something Trump had demanded). But the “pre-existing” investigation referenced reportedly pertained to the same conspiracy theory: that someone had leaked to the press that McCabe had said “First we fuck Flynn, then we fuck Trump” in front of some FBI Agents. (I believe the Circa story cited here eventually came to be part of the investigation, but TruePundit claims credit for the conspiracy, pointing to a version that temporally matches the timeline.)

Note the asymmetry to this story.

No DOJ entity, whether FBI’s Inspection Division, DOJ IG, or Flynn’s prosecutors have presented the public proof that this serial conspiracy theory has been debunked — much less chase down the Agents who keeps spreading it and prosecute them. But because the Inspector Division asked McCabe who might be leaking about him (which is what the initial question was), he is being pursued in an investigation that Reggie Walton denounced the other day.

This is how conspiracy theories about what DOJ and FBI did in the last three years are allowed to persist, much less get reentered into court filings that otherwise would get the lawyers doing so sanctioned.

In Days before Robert Mueller Got Hired, DOJ Immediately Forwarded Bill Barr’s Op-Ed Approving of Comey’s Firing to Rod Rosenstein

Judicial Watch released another set of files, from the days leading up to his appointment of Robert Mueller, that they think are incriminating for stupid reasons that aren’t.

There’s two emails that might, actually, be damning. The very conservative former Deputy Attorney General Mark Filip emailed Rod Rosenstein asking him to call. Rosenstein answered, first, by saying that “Mukasey” was going to call, and imploring Filip to listen to him. That’s scandalous in any case, because the son of Michael Mukasey (who was Filip’s onetime boss) was representing affiliated players here. Then Rosenstein wrote back and seemed to tell Filip he was hiring Mueller. Was Filip the other candidate Rosenstein considered?

The more interesting detail is how DOJ treated Bill Barr’s May 12, 2017 op-ed applauding Trump’s decision to fire Jim Comey. In it Barr condemned how Comey handled the Hillary investigation, then said that his firing wouldn’t affect the Russian investigation (but not addressing Trump’s comments about that being the purpose of firing Comey).

Jeff Sessions’ spox, who received it from the “RNC War Room,” sent it to Rosenstein’s office the morning after the op-ed was posted, during the weekend he was contemplating hiring Mueller.

But even before that, DAG employee (and current EDVA US Attorney) George Terwilliger forwarded it (though not the RNC War Room version) as well, telling Rosenstein it was the most important thing for him to read that weekend.

At the very least, the close attention the op-ed (which largely parroted the ginned up reasons Rosenstein gave for firing Comey) received are intriguing, as is the choice from the RNC War Room to send it out.

But it’s also a hell of a way for Rosenstein to meet his future boss.

Is Bill Barr Already Feeding Sidney Powell So-Called Evidence Trump Coerces?

The WaPo confirms what was becoming obvious: The Attorney General of the United States is spending his days flying around the world collecting claims that Trump has coerced from foreign governments. It reports that Barr has already had conversations similar to those Trump seeded with Ukraine with the UK, Italy, and Australia.

Barr has already made overtures to British intelligence officials, and last week the attorney general traveled to Italy, where he and Durham met senior Italian government officials and Barr asked the Italians to assist Durham, according to one person familiar with the matter, who spoke on the condition of anonymity to discuss a sensitive issue. It was not Barr’s first trip to Italy to meet intelligence officials, the person said. The Trump administration has made similar requests of Australia, said people who discussed the interactions on the condition of anonymity because they involve an ongoing investigation and sensitive talks between governments.

In a recent phone call, Trump urged Australian Prime Minister Scott Morrison to provide assistance to the ongoing Justice Department inquiry, the people said. Trump made the request at Barr’s urging, they said.

I raise all this because of something Sidney Powell said on September 10. At the status hearing for her client, Mike Flynn, she said that they had a letter from the British Embassy that “undoes the whole Steele dossier debacle.”

It was an interesting claim for several reasons. Most notably, the only references to Powell’s client in the Steele dossier simply repeat public claims about Flynn’s paid trip to an RT gala in 2015. That is, it’s totally irrelevant to the question of Flynn’s guilt on the charges he pled to or even the counterintelligence investigation into her client. Even if DOJ had such a record, it’d not be discoverable under Brady.

But Powell seemed to be saying she had the letter.

That raises the possibility that Bill Barr is not — as he claims — collecting “evidence” for a John Durham investigation into the start of the Russian investigation, but is instead (or also) collecting evidence he can share with those prosecuted by Mueller to help them undermine their guilty pleas and or convictions (which would raise interesting questions about Roger Stone’s focus on Crowdstrike, given that’s included in Trump’s list of propaganda he wants to extort from foreign countries).

Mind you, Powell could be lying or unclear about this document–she has been caught in both multiple times so far before Emmet Sullivan. But this claim — which was surprising to me at the time — raises real questions about whether Barr is using coerced evidence to undermine his own DOJ.

Update: I think I have the timing of this letter wrong. I think it was sent under Obama, not recently. 

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