Revisiting Trump’s Joint Defense Agreement

Betsy Woodruff has a story reminding us that Trump has a joint defense agreement with some of the other people caught up in Mueller’s probe.

The president’s personal lawyers have teamed up with attorneys for other individuals embroiled in special counsel Bob Mueller’s probe, multiple sources tell The Daily Beast. For a while, the president’s lawyers even had regular conference calls with other attorneys to discuss the Mueller investigation, according to one source familiar with the calls.

The arrangement is known as a joint defense agreement, and it allows the lawyers to share information—without violating attorney-client privilege. It’s a common strategy when multiple defendants are dealing with the same prosecutor on the same matter.

I say “reminding us,” because this is not news. When Mike Flynn flipped, the first notice came when he alerted this very same joint defense agreement he could no longer share information (as the story itself notes).

The story doesn’t even describe, generally, who is included in it, which might help observers understand the dynamics we’re watching. The closest hint of that is the observation that Paul Manafort might be going to jail on Friday.

This week is poised to be less-than-harmonious for at least one person in Mueller’s sights: Paul Manafort, who will appear in court on Friday for a hearing where a judge will decide whether or not to revoke his bail.

The article doesn’t even confirm that Manafort is part of the defense agreement. But Trump was bragging, back in January, that he had “decided that a key witness in the Russia probe, Paul Manafort, isn’t going to ‘flip’ and sell him out, friends and aides say.” That’s the kind of thing Trump might have assurance about if Manafort were part of a joint defense agreement, particularly if — as has subsequently been reported — John Dowd offered Manafort a pardon (through one of his lawyers, in the kind of discussion lawyers might assume were shielded by a joint defense agreement) last year.

The pardon discussion with Mr. Manafort’s attorney, Reginald J. Brown, came before his client was indicted in October on charges of money laundering and other financial crimes. Mr. Manafort, the former chairman of Mr. Trump’s presidential campaign, has pleaded not guilty and has told others he is not interested in a pardon because he believes he has done nothing wrong and the government overstepped its authority. Mr. Brown is no longer his lawyer.

Mind you, now we know that Mueller knows about such offers (because it’s one of the questions they posed to Trump in March). That makes Trump’s legal impunity for offering such pardons at least slightly more sketchy, particularly if he’s pardoning someone so obviously corrupt as Paul Manafort. Add in the fact that Jared Kushner sold out Flynn last fall (which is reportedly what led him to flip), and Manafort may be less certain about Trump’s reliability, even in spite of Trump’s Tweets suggesting FBI should have prevented him from hiring someone they were investigating back in 2016, posted — with remarkable prescience! — on the eve of the latest setback in Manafort’s case.

Still, the reminder that Trump and a number of subjects of this investigation have been comparing notes explains a lot we’ve seen since. It explains, for example, why Manafort has made such a diligent effort to get the court to disclose information to him– such as the substance of warrant affidavits to seize up to four other people’s AT&T phone information, or the other bullet points in Rod Rosenstein’s August 2, 2017 memo laying out the scope (at that point) of the investigation — that affects others likely covered by the defense agreement. It explains one advantage to Manafort of insisting on being charged in two jurisdictions: because it gives him two bites at an attempt to challenge Mueller’s jurisdiction.

The joint defense agreement also explains several other things we’ve seen, such as the coordinated messaging — particularly the planted narrative about Spygate — best explained by the coordination of Victoria Toensing armed with information only legally available to Trump.

Finally, it explains the delay in any charges related to the conspiracy between Trump and the Russians: once Mueller charges those issues, he will have to provide discovery about what he knows, which will then get shared back with others involved in the conspiracy. It appears he’s primarily sharing that information (aside from in the form of questions to witnesses who appear before the grand jury) with those who’ve flipped. Even the questions he has posed to Trump are probably sharply limited to hide the main thrust of the conspiracy investigation.

That’s why the stakes for Friday are so high (and the timing of this reminder that there’s a joint defense agreement). Mueller still won’t need to provide Manafort the evidence he has about his role in the conspiracy, though the indictment of Kilimnik gets far closer to that. But it raises the cost on Manafort for sustaining a joint defense, minimizes his value to the others, all while the crimes charged could still be refiled in a VA state court.

“I Mean His Trump Organization Employees”

I’m still plodding through the June 9 meeting materials, working on what they show about the story about the June 9 meeting that got crafted after the fact.

There’s one detail that I want to post separately. On July 13, 2017, Ike Kaveladze (who was really in charge of the meeting for his boss, Aras Agalarov) and Roman Beniaminov (Emin Agalrov’s assistant, who heard ahead of time the meeting was about dealing dirt on Hillary to the Trumps) had the following exchange by text (PDF 34).

[Kaveladze sends link]

Beniaminov: But I don’t recall taking any video. And I can’t understand why it looks so similar.

Kaveladze: I mean his trump organization employees.

By July 13, the Agalarovs and Trumps were increasingly at odds on how to respond to the story, not least after the Trumps leaked Rod Goldstone’s name to the press after saying they wouldn’t. After that, there seemed to be increasing amounts of dirt being leaked, perhaps by both sides.

It appears that Kaveladze may have phoned Beniaminov right before this to raise this CNN story, which had just been posted. Beniaminov seemed to think Kaveladze had suggested that he, Beniaminov, had taken the video, even while he seems to have been present at the Las Vegas event back in 2013.

Scott Balber, the Agalarov’s ever-present lawyer (who had actually represented Trump on a Miss Universe related issue in 2013), was quoted in the piece.

“It’s simply fiction that this was some effort to create a conduit for information from the Russian federal prosecutors to the Trump campaign,” Balber said on CNN’s “New Day.” “It’s just fantasy world because the reality is if there was something important that Mr. Agalarov wanted to communicate to the Trump campaign, I suspect he could have called Mr. Trump directly as opposed to having his son’s pop music publicist be the intermediary.”

I don’t rule out Balber having taken and leaked the video.

Or maybe not: What Kaveladze is interested in highlighting to Beniaminov is the presence of two other Trump employees in the video: Keith Schiller and Michael Cohen, shown above.

I don’t know what to make of the reference — though it’s equally possible they were involved in the 2017 response, or were viewed for some other reason as an additional concern regarding the June 9 meeting. Both, of course, have gotten some scrutiny for the liaison role they have served between Trump and other Russians.

On the Tactics of the Latest Manafort Indictment

When I went out to run errands yesterday, Paul Manafort was likely facing having his bail revoked next Friday and going to jail, from where he would fight charges that could put him in prison for the rest of his life. When I returned after an hour and a half, Paul Manafort — faced with a new superseding indictment — was probably facing having his bail revoked next Friday and going to jail, from where he will fight charges that could put him in prison for the rest of his life. That is, nothing much has changed, especially if you’ve been following along closely enough to know that Konstantin Kilimnik, who finally got added to Manafort’s indictments, has always been a key part of the election year conspiracy and the damage control since.

The key development, in my mind, is tactical. As Popehat explained in one of two great lawsplainers yesterday, the standard on revoking bail in any case is just probable cause that you’ve committed new crimes while being out on bail. By getting the grand jury to indict the underlying behavior behind the witness tampering claim, you’ve established probable cause.

And by the way, those accusations that Manafort committed a crime on bail? Mueller got a grand jury indictment, establishing probable cause. That may be all the judge requires. Manafort’s in trouble. I mean, even in the context of someone facing multiple indictments trouble.

This makes easier for Amy Berman Jackson to send Manafort to jail next Friday, effectively outsourcing the decision to a bunch of anonymous grand jurors. That is, it takes a likely action and makes it even more likely.

I’m interested in what it does to preserve evidence, though.

Manafort submitted his opposition to having his bail revoked last night, effectively claiming that Mueller has shown almost no evidence of witness tampering.

The Special Counsel creates an argument based on the thinnest of evidence; to wit, Mr. Manafort violated the Release Order’s standard admonition that a defendant not commit an offense while on release by allegedly attempting to tamper with trial witnesses. However, the scant proof of this claim is an 84-second telephone call and a few text messages between Mr. Manafort (or an associate referred to as “Person A”) and two former business associates(Doc. 315-2, Ex. N). These brief text messages followed the filing of the Superseding Indictment on February 23, which was the first time the Special Counsel raised any allegations about the mission and work of the Hapsburg Group. (Doc. 202, ¶¶30, 31.) Closer scrutiny of this “evidence” reveals that the Special Counsel’s allegations are without merit because Mr. Manafort’s limited communications cannot be fairly read, either factually or legally, to reflect an intent to corruptly influence a trial witness.

The merits aside (remember, Jeffrey Sterling spent years in prison based in significant part on metadata showing 4:11 in phone calls, without content, between him and James Risen), I find this footnote most interesting.

2 This is no small matter. It is clear from the Special Agent’s declaration that the agent spoke with the person on the other end of the call (i.e., D1). (See Doc. 315-2, ¶¶ 19, 20). Instead of identifying what was said exactly for purposes of this motion, however, the Special Counsel instead states what D1 “understood” from Mr. Manafort’s brief text messages—not the telephone call that occurred. Id. at ¶19. The Special Agent also states what D1 opines, i.e., what D1 believes Mr. Manafort knew. Id. Person D2, with whom Mr. Manafort had no telephone conversations or text messages, states that D1 told him (D2) that he “abruptly ended the call.” Id. at ¶ 20.

Manafort is complaining that Mueller didn’t reveal precisely what FBC Group’s Alan Friedman (see this post to explain who he is) told the government about the call. Had Mueller not indicted, then he would have had a real incentive to call Friedman as a witness next week to explain precisely why Manafort’s comments reeked of obstruction. Mueller has likely presented the substance of the call to the grand jury, however, and may now have less need to put Friedman on the stand next week.

But there is probably far more interesting evidence that Mueller presented to the grand jury to substantiate these two charges:

Obstruction of Justice

From in or about and between February 23, 2018, and April 2018, both dates being approximate and inclusive, within the District of Columbia and elsewhere, the defendants PAUL J. MANAFORT, JR., and KONSTANTIN KILIMNIK knowingly and intentionally attempted to corruptly persuade another person, to wit: Persons D1 and D2, with intent to influence, delay, and prevent the testimony of any person in an official proceeding

Conspiracy to Obstruct Justice

From in or about and between February 23, 2018, and April 2018, both dates being approximate and inclusive, within the District of Columbia and elsewhere, the defendants PAUL J. MANAFORT, JR., and KONSTANTIN KILIMNIK knowingly and intentionally conspired to corruptly persuade another person, to wit: Persons D1 and D2, with intent to influence, delay, and prevent the testimony of any person in an official proceeding, in violation of 18 U.S.C. § 1512(b)(1).

Charging both the obstruction charge and the conspiracy charge is, in some ways, insurance. It implicates Manafort in what are mostly Kilimnik’s efforts to get Friedman on the phone to coordinate stories.

But to charge conspiracy to obstruct, as opposed to just obstruction, Mueller also needs to show an agreement between Manafort and Kilimnik. Such an agreement would likely get to the core of Manafort’s intent more quickly than the calls as received by D1. That is, such an agreement would be the evidence that Manafort claims is lacking.

Which brings me to this exhibit, submitted Monday as part of the government’s motion to revoke bail, which is an XLS spreadsheet bearing the title “Open Source Timeline – March 2016 to March 2017 – Edited_lm.xlsx” uploaded to the docket.

It tracks the phone, WhatsApp, and Telegram communications between Manafort and Person D1 and D2, and the WhatsApp and Telegram chats between Kilimnik and D1 and D2 (Manafort uses WhatsApp once to place a phone call, but otherwise the WhatsApp and Telegram communications are all chats). It shows that the government has third-party sources for all of this — either D1 and D2 turning things over on their own, Manafort’s phone company (he was using AT&T quite recently) turning over his toll records, or Apple turning over the contents of Manafort’s iCloud account.

The table also shows time tracked in two scales: All of Manafort’s communications and the single chat between Kilimnik and D1 are in Coordinated Universal Time, while all of Kilimnik’s chats with D2 are in Central European Summer Time. You might get the latter via screen shots from a phone taken while in Central Europe.

Note, even though Kilimnik tells D2 that he had tried D1 “on all numbers,” the log doesn’t show any calls between Kilimnik and D1, it shows only the one WhatsApp chat between Kilimnik and D1. So the log doesn’t even show all the communications to D1 that exist. Just those that the government can provide a source that it’s willing to share publicly. I assure you, however, that the government knows when those calls were placed.

The log, as presented, also doesn’t show any communications between Manafort and Kilimnik.

Now go back to the fact that, yesterday, the government showed the grand jury not just evidence that Manafort and Kilimnik individually tried to suborn perjury from D1 and D2, but that they agreed to do so. At the very least, that would involve communications between the two of them. They’re only going to have the substance of that communication in one of two ways, though: if they did this via WhatsApp chats, those chats would be available on Manafort’s iCloud account, because he’s got really bad OpSec.

But if those communications were via a phone or WhatsApp call, then the government would have gotten that communication via some other means, means it hasn’t shown in that contact log. Keep in mind: as a foreigner with key connections, Kilimnik is a legitimate spying target under any definition of the term, even aside from the allegation he’s got active ties to Russian intelligence. And since January 2017, the NSA has been able to share raw EO 12333 intelligence with intelligence agencies, including the FBI. If that sharing works the same way Section 702 sharing works (and Kilimnik’s WhatsApp activity may or may not be collectable under 702, even before you get to EO 12333 collection), then so long as the FBI has a full investigation, it can obtain raw feeds of the targets covered by that full investigation.

No FISA notice has been filed in this case; it’s not clear whether the government would give notice of EO 12333 data (they should but they likely don’t). In either case they’d only have to if they intended to use that information in trial. The rest, they’d parallel construct by obtaining from the other parties to a communication or Manafort’s iCloud account.

Now, I suspect Mueller did not intend to file a document indicating that this communication log was originally started with a March 2016 to March 2017 scope, making it clear they’ve got a collection of parallel constructed sources for Kilimnik and Manafort communications that go back that far, right back to when Manafort joined the Trump campaign (which is slightly different than saying they got all of Manafort’s communications during the campaign).

That they’re still using the log to track the duo’s really idiotic ongoing communications is testament to the fact that since Manafort was indicted in October, the government has just been sitting back, watching everything Manafort and Kilimnik do and say to each other while getting Rick Gates to flip, collecting more information, and forcing Manafort to pledge all remaining liquidity to get bail. They’ve been watching Manafort and Kilimnik continue their efforts to try to get out of the deep shit Manafort is in, biding their time.

At the very least, revealing the communication log on Monday would have led Manafort to finally change the privacy settings on his phone, though it may well have led to a noticeable security change from Kilimnik as well, perhaps even a new phone without an FBI or NSA sensor collecting everything.

In the interim, too, other corners of the government revealed, in fairly spectacular fashion, that they can and will obtain the Signal and WhatsApp chats involving journalists of even congressional staffers like James Wolfe, meaning not just that they would do the same for alleged criminals out on bail and their co-conspirators, but that the means to do so has become readily available to the FBI for national security investigations. In short, this week the government tipped their hand about a whole slew of communications involving Manafort and Kilimnik that haven’t been disclosed in discovery yet as well as a capability that even lots of national security journalists (present company excepted) didn’t know they had.

Thus the grand jury and the new charges. It strikes me that, after disclosing the additional collection the FBI has on these two (though both have been fairly stupid in response to such disclosures in the past), the government has less incentive to let Manafort remain out on bail, because it will have a diminishing yield of information about the conspiracy. But the government also has a need to move things along without presenting everything they’ve got (including what they’ve asked Friedman about the developments post April 2 that led Kilimnik to try reaching out a second time). The new indictment provides a way to get to probable case without showing everything they’ve got, which in turns makes the chances that Manafort will finally be going to jail that much higher.

Update: On June 12, the government elaborated on the evidence showing that Manafort intended to suborn perjury, noting that the indictment should be enough by itself to revoke bail.

On June 8, 2018, a grand jury sitting in the District of Columbia returned a Superseding Indictment charging Manafort and his longtime associate, Konstantin Kilimnik, with attempted witness tampering and conspiracy to commit witness tampering, in violation of 18 U.S.C. §§ 1512(b)(1) and (k). See Doc. 318 ¶¶ 48-51. Counts Six and Seven of that Superseding Indictment “‘conclusively determine[] the existence of probable cause’ to believe the defendant” committed a federal crime while on pretrial release. Kaley v. United States, 134 S. Ct. 1090, 1097 (2014) (quoting Gerstein v. Pugh, 420 U.S. 103, 117 n.19 (1975)); see also United States v. Smith, 79 F.3d 1208, 1210 (D.C. Cir. 1996) (“[T]he indictment alone would have been enough to raise the rebuttable presumption that no condition would reasonably assure the safety of the community.”). Probable cause to believe that Manafort committed a crime, in turn, triggers a rebuttable presumption “that no condition or combination of conditions will assure that [Manafort] will not pose a danger to the safety of any other person or the community.” 18 U.S.C. § 3148(b). Manafort’s challenge to the strength of the government’s evidence of witness tampering is thus both misplaced and unavailing. See Kaley, 134 S. Ct. at 1098 & n.6 (explaining that “[t]he grand jury gets to say—without any review, oversight, or second-guessing—whether probable cause exists to think that a person committed a crime,” and recognizing that this “unreviewed finding . . . may play a significant role in determining a defendant’s eligibility for release before trial under the Bail Reform Act”). 1

The go on to suggest that given the indictment, they don’t even need to bring the FBI agent to testify, but will.

Although the government submits that the grand jury’s probable-cause determination obviates the need for testimony by the agent who signed the declaration in support of the government’s motion to revoke or revise, the agent will be available to testify if needed per the Court’s Order. The government submits, however, that any remaining factual matters can be addressed by proffer, as is common practice at bail hearings. See Smith, 79 F.3d at 1210; see also United States v. LaFontaine, 210 F.3d 125, 131 (2d Cir. 2000) (calling it “well established . . . that proffers are permissible both in the bail determination and bail revocation contexts”).

Again, all this seems designed to make it easy for Amy Berman Jackson to revoke his bail.

Some Possibilities on the Emails Hope Hicks Wanted to Withhold

Remember this story about how Hope Hicks told Mark Corallo in a conference call on July 9, 2017 that they didn’t have to be fully forthcoming about the purpose of the meeting because the emails would never come out?

In Mr. Corallo’s account — which he provided contemporaneously to three colleagues who later gave it to The Times — he told both Mr. Trump and Ms. Hicks that the statement drafted aboard Air Force One would backfire because documents would eventually surface showing that the meeting had been set up for the Trump campaign to get political dirt about Mrs. Clinton from the Russians.

According to his account, Ms. Hicks responded that the emails “will never get out” because only a few people had access to them. Mr. Corallo, who worked as a Justice Department spokesman during the George W. Bush administration, told colleagues he was alarmed not only by what Ms. Hicks had said — either she was being naïve or was suggesting that the emails could be withheld from investigators — but also that she had said it in front of the president without a lawyer on the phone and that the conversation could not be protected by attorney-client privilege.

At the time, I suggested something didn’t make sense about the story, given the facts we knew at the time, because the NYT already had (what we assume to be) the set of emails that got released.

[T]he NYT admits that even as (or shortly after) that meeting transpired it already had the emails Don Jr released that day and was going to publish them itself.

I suggested at the time that there might be other emails — perhaps between Don Jr and Rob Goldstone, perhaps between other players — that provided more damning information.

But there’s another possibility: that more emails exist, between Don Jr and Rob Goldstone (indeed, we know Goldstone sent follow-up emails involving Vkontakte). Or that there are communications between other players. In which case the release of the current emails might serve to distract from a fuller set that Hicks did succeed in burying.

Given the materials released to SJC — and when they were released — we can be sure there were other emails, and at least some of them have come out.

A return email to Paul Manafort

I’ve already noted one example, or at least part of one example. The Don Jr production turned over by the Trump Organization withheld the version of the original invite letter that includes a response from Paul Manafort.

Of particular interest, however, is a detail revealed about the email that Don Jr released last summer. Effectively, the email thread setting up the meeting appears in two places in the exhibits introduced with Don Jr’s testimony. The thread appearing at PDF 26 to 29 is for all intents and purposes the set he released over two tweets last July 11. That bears Bates stamp DJTJR 485 to 487, which designates that it was the version that Don Jr himself turned over. There’s another version of that thread, though, bearing Bates stamp DJTFP 11895 to 11897, which appears at PDF 1 to 3 in Don Jr’s exhibits (and is used for all the other witnesses). The Bates stamp abbreviation DJTFP, Donald J Trump for President, indicates that that’s the version turned over by the campaign. The exhibit shows the same thread, only with this addition.

That is, after Don Jr informed Jared and Paul Manafort that the meeting would be at 4 instead of 3, Manafort responded, “See you then.”

That — and the fact that Don Jr chose to suppress it when publicly releasing his email — is not by itself damning.

Jared wasn’t copied on the Manafort response, so he couldn’t have turned over the Manafort response (and it wouldn’t have been in the copy leaked to the NYT, if he did the leaking, as suggested by Michael Wolff’s book). Nevertheless by the time Don Jr testified on September 7, SJC had both copies.

Manafort’s awareness of the meeting might be damning by itself, because he spoke with Don Jr and met with Trump on June 7, the day Trump announced the campaign would soon be making a “a major speech on probably Monday of next week, and we’re going to be discussing all of the things that have taken place with the Clintons.”

But it’s possible Manafort’s response wasn’t the last in the thread. Perhaps Don Jr wrote back and said something like, “with the dirt Emin promised we’ll really take out this bitch” or something similarly dignified.

The emails showing Agalarov involvement

As I mentioned in this thread, Goldstone did not fully cooperate with SJC. In the first round he left out a lot of stuff that was responsive to SJC’s request and he never provided phone records; in his later production, two voice mails from Emin appear to be truncated. But in February of 2018 (probably after at least one interview with Mueller’s team), his lawyer provided more documents not produced in the first go-around. Among other things, those materials included more details on Emin’s involvement in crafting a statement, and Kaveladze’s role running everything. Of particular interest, many of these materials would show direct communications between the Agalarov camp and Trump Organization lawyers as they crafted their statement.

The draft statement from July 6

Finally, when considering the possibility that parties withheld damning records, consider this email between Goldstone and Don Jr’s lawyer.

It shows that by the time Goldstone (and Emin and Kaveladze) had some phone calls with Alan Garten and Alan Futerfas at the end of June, the Trump folks already had a statement. When Goldstone gets off his cruise in Greece on July 6, he immediately contacts the Trump camp and asks if that statement has been released.

There’s no record of a response to Goldstone from the Trump camp for several days (though they were on the phone with Kaveladze), until when, on July 9, someone (Goldstone believes it’s the Trump camp) leaked his name. That’s when communications resumed, starting with a Trump request that Goldstone attest that the misleading Don Jr statement they subsequently released is 100% true.

Still, the communication on July 6 is damning enough, because it makes it clear that before Trump is known to have been involved, before Trump spoke to Putin, the Trump camp had what it presented as a finalized statement.

Now imagine if either Goldstone or someone else has a hard copy of that statement and it qualitatively deviates from the existing story?

One notable detail. As noted, Goldstone provided these materials after the NYT story at question here, and after Mark Corallo said he’d testify about Hope Hicks’ obstruction; it possibly took place after the Corallo testimony itself. Goldstone testified to SJC a second time on March 29, not long after Mueller subpoenaed the Trump organization — a subpoena that almost certainly would obtain new copies of the documents at least pointed to if not turned over by others.

All of which is to say that there are numerous emails that have been identified since Don Jr testified that appear not to have been turned over in his production, not to mention any Manafort communications he suppressed.

As I’m still working on showing, there was a tremendous degree of coordination going on in that period. And yet, perhaps in spite of that, some of the key documents didn’t get turned over.

Update: Here’s a version of the document requests to the Trump’s. Any of the emails between the Trump lawyers and Kaveladze or Goldstone would have been responsive. Here is what Jared got (remember, the committee complained that he hadn’t provided everything). And here is what Kaveladze and what Goldstone got. I can see Goldstone arguing the follow-up — and the discussions about earlier Agalarov/Trump meetings — didn’t fit the criteria laid out.

On the James Wolfe Indictment: Don’t Forget Carter Page

Last night, DOJ unsealed the indictment of James Wolfe, the former Director of Security for the Senate Intelligence Committee. He is accused of one count of false statements to the FBI. The indictment alleges that he lied about his conversation with four journalists, Ali Watkins and three others.

The NYT has revealed that Watkins, who had a three-plus year relationship with Wolfe, had years of her communications subpoenaed. They obtained years of her subscriber information, and a more narrow period of additional information from her phone. As a reminder, the subscriber information that can be obtained with a d-order is tremendously invasive — in addition to name and financial and other contact information, the government obtains IP and device addresses that allow them to map out all the communications a person uses. This post lays out what the government demands from tech companies. Obtaining it will burn all but the most disciplined operational security and with it, a journalists’ sources.

The indictment also reveals the government obtained Signal and WhatsApp call records and content; it seems to have been Wolfe’s preferred means to communicate “securely.” I suspect they obtained the communications after June 2017, by targeting Wolfe’s phone. It’s possible he voluntarily provided his phone after confronted with his lies, but I suspect they obtained the Signal content via other means, basically compromising his device as an end point. I’ll return to this, but it appears DOJ has made a decision in recent days to expose the ease with which they can obtain Signal and other secure chat apps, at least in national security investigations, perhaps to make people less comfortable using it.

What I’d like to focus on, however, is the role of Carter Page in the indictment.

The government lays out clear proof Wolfe lied about conversations with three reporters. With Watkins and another, they point to stories about Carter Page to do so. The Watkins story is this one, confirming he is the person identified in the Evgeny Buryakov indictment. Another must be one of two stories revealing Page was subpoenaed for testimony by the Senate Intelligence Committee — either this one or this one.

I’m most interested, however, in this reference to a story the FBI raised with Wolfe in its interview, a story for which (unlike the others) the indictment never confirms whether Wolfe is the source.

During the interview, FBI agents showed WOLFE a copy of a news article authored by three reporters, including REPORTER #1, about an individual (referred to herein as “MALE-l), that contained classified information that had been provided to the SSCI by the Executive Branch for official purposes

The story suggests they don’t have content for the communications between Wolfe and Reporter #1, and the call records they’re interested in ended last June (meaning the story must precede it).

For example, between in or around December 2015 and in or around June 2017, WOLFE and REPORTER #1 communicated at least five times using his SSCI email account.

For that reason, I suspect this is the story they asked about — whether Wolfe is a source for the original credible story on Carter Page’s FISA order. The focus on Page generally in the indictment suggests this investigation started as an investigation into who leaked the fact that Page had been targeted under FISA, and continued to look at the stories that revealed classified details about the investigative focus on him (stories which he rightly complained to SSCI about).

I know the focus will be on the impact on Watkins and any other journalists DOJ has subpoenaed, if they have with the others; that impact is very real and we’ll hear more about how DOJ has shifted its treatment of journalists in upcoming days.

But I’d like to consider what it means that this investigation largely stems from leaks about the investigation into Page.

Page is not at all a sympathetic person. He’s nuts, and may well be or have been a willing recruit of Russia. But there are two reasons why the leaks into the investigation into him should be of concern, along with the concern about journalism.

First, whatever the truth about Page, one reason the government treats counterintelligence wiretaps differently than criminal ones is because there are times they need to obtain content from people they don’t have probable cause are criminals. Legitimately obtained wiretaps should never be revealed except in legal proceedings anyway, but that’s all the more true where the government may be using the wiretap to learn whether someone has been recruited. Unlike Paul Manafort, Mike Flynn, and George Papadopoulos, Carter Page has not been charged, yet the leaks about the investigation into him (including of the damned Steele dossier) have branded him as a Russian spy. I’ve reported on too many cases where FISA orders were used against people who weren’t spies (particularly Chinese Americans), and it needs to be said that investigative targets are kept secret, in part, because they’ve not been charged yet.

Then there’s the flip side to the issue. All the leaks about Carter Page may well have poisoned the investigation into him in several ways. Certainly, Page and the Russians were alerted to the scrutiny he was under. If he is or was a Russian spy, the government may never make its case because the stories on Page made it a lot easier for the targets of the investigation to counter it (I actually think several of the less credible leaks about this investigation were designed to do just that).

Indeed, all the leaked stories about him may have made it politically impossible for FBI to continue the investigation. We know the FISA orders against him ceased after all the leaks about his targeting, for example. So if Page is a spy, all the publicity about this may help him get away with it.

The government has wrapped up a tidy indictment where, while they know Wolfe is a source for at least some of the suspect stories about Page, any trial would instead focus on the clear evidence Wolfe lied about things like a multi-year relationship with someone working SSCI and not classified information. Probably, the hope is he’ll plea and identify all the stories for which he has been a source. To get there, the government has used awesome powers against at least one journalist (and in Watkins’ case, it’s not at all clear they needed to do that).

That said, while I don’t defend Page as a person at all, the giddy leaks about him do come with a cost in both due process and investigative terms and it’s worth remembering that as we talk about this case.

The Smoking Craters Where Trump Deal Brokers Used to Be

Amid the news that DOJ is giving the Gang of Eight another chance to look at sensitive case files on the Russia investigation (some of which they failed to look at in the last briefing), two scoops yesterday should provide far more damning proof of where the “SpyGate” is.

One-time Trump broker Sergei Millian offered Papadopoulos $30,000 a month to partner while working for Trump

First, in a piece that finally recognizes the existence of Ivan Timofeev (yet still hides how George Papadopoulos successfully hid his communications with him through two FBI interviews), Chuck Ross confirms what I had guessed: that Sergei Millian is the contact described in the FBI affidvit about whom Papadopoulos asks for feedback from Timofeev.

Mangiante, an Italian national, confirmed to TheDCNF that Millian is the individual Papadopoulos described in a July 22, 2016 Facebook message that is cited in documents the special counsel’s office released in October.

“On or about July 22, 2016, PAPADOPOULOS messages Foreign Contact 2 on Facebook to ask whether Foreign Contact 2 knew a particular individual with extensive ties to Russian-based businesses and persons,” reads an affidavit released along with Papadopoulos’ guilty plea. “PAPADOPOULOS asked Foreign Contact 2 ‘[i]f you know any background of him that is noteworthy before I see him, kindly send my way.’”

Papadopoulos and Millian met days after the July 22, 2016 Facebook message, said Mangiante, who has recently denied that Papadopoulos was engaged in collusion with Russians.

Mangiante also said that Papadopoulos and Millian met multiple times in Chicago and New York City before the election. In one encounter in Chicago, Millian offered Papadopoulos a substantial sum of money as part of an energy-related business deal.

The catch was that Millian said Papadopoulos would have to remain in the Trump administration while carrying out the work.

The business offer has been previously reported by The New York Times and NBC News. However, Mangiante is providing new details, saying that Millian offered Papadopoulos “$30,000 a month to work as a consultant while with Trump.”

“He refused, of course,” Mangiante said of Papadopoulos.

Interjection: This confirmation should end all the speculation from people examining Mangiante’s apparent flip flop in her public statements about Papadopoulos and seeing a Slavic accent to her statements. Mangiante’s actions are best understood, I think, by understanding that she knows little about US law and how she might best help her spouse, which has led her to respond to the cues of a bunch of sleazy people who have used her unfamiliarity to feed their own narratives or help their own clients (I’m thinking specifically of Victoria Toensing’s client Sam Clovis). But if Mangiante were a Russian spy, there’d be little reason for her to provide evidence that Millian is a Russian operative who sought to handle Papadopoulos and through him Trump’s foreign policy.

That said, Mangiante’s claims about her spouse are unsurprisingly misleading. For example, she has Chuck Ross ignoring the most damning parts of Papadopoulos’ lies to the FBI, as well as his deletion of his Facebook account to hide (among other things) precisely the exchange where Papadopoulos asked Timofeev about Millian. Unsurprisingly, she doesn’t mention that Papadopoulos couldn’t take Millian up on his lucrative deal, because Mike Flynn didn’t last in the National Security Advisor job long enough for him to offer Papadopoulos the job that would have been the prerequisite to accept the offer.

Mr. Millian proposed that he and Mr. Papadopoulos form an energy-related business that would be financed by Russian billionaires “who are not under sanctions” and would “open all doors for us” at “any level all the way to the top.”

One billionaire, he said, wanted to explore the idea of opening a Trump-branded hotel in Moscow. “I know the president will distance himself from business, but his children might be interested,” he wrote.

Nothing came of his proposals, partly because Mr. Papadopoulos was hoping that Michael T. Flynn, then Mr. Trump’s pick to be national security adviser, might give him the energy portfolio at the National Security Council.

The pair exchanged New Year’s greetings in the final hours of 2016. “Happy New Year, sir,” Mr. Papadopoulos wrote.

“Thank you and same to you, George. Happy New Year!” Mr. Flynn responded, ahead of a year that seemed to hold great promise.

But 2017 did not unfold that way. Within months, Mr. Flynn was fired, and both men were charged with lying to the F.B.I. And both became important witnesses in the investigation Mr. Papadopoulos had played a critical role in starting.

This is all the more interesting because (as Glenn Simpson explained to Adam Schiff) Millian has served a function for Trump that — like this Trump Tower deal — provided Trump a way to get loans for his business projects, in this case for Project Hollywood.

MR. SCHIFF: And tell me about the Trump Hollywood project. That was an example of the latter or the former? Did they get the financing from what you could tell because they got a bunch of Russians to pre-sale, or did they go to a bank and say these are our investors, or how did they go about that?

MR. SIMPSON: Well, eventually, I mean, they lost the project. It went under. I, can’t – I’m not – I’m sure we did look at who the creditors were, who the lenders were. This is the project that Sergi Millian appears to have been involved in, and there’s a picture of Jorge Perez, Donald Trump, and Sergi Millian.

And he tells a story about meeting Donald Trump at the golf — at a racetrack, drinking a bottle of Crystal with him, seems — he gave him some Crystal. And that was in the early phases of the project. So it was clear that Donald Trump — so the equity partner was the related group. It was clear that this Russian had been brought into this with Trump, and what you can surmise from that is that he’s there to say there are buyers. We can bring you buyers for this property. And that’s what a developer needs to know is that he’s got buyer interest.

MR. SCHIFF: And how does it work? Let’s say Sergi Millian or someone else lines up the Russian buyers. The Russian buyers sign pre-sale agreements. Trump can then get financing for the res! of the project. Do the buyers go through and buy the properties, or is that no longer necessary, once you’ve obtained the bank financing you can actually sell them to real people?

An architecture firm disappears overnight upon learning Mueller is watching

Keep that model — doing the real estate things that help Trump get loans — in mind when you read this, which I genuinely find to be among the most amazing Russian related stories since the election. In April, acting on a tip, CNBC asked an architect who has worked with Trump on some Eurasian and two American projects, John Fotiadis, about that relationship. Within days, his firm folded.

Between 2007 and 2013, Fotiadis designed all or part of six Trump-branded developments: a Trump Tower in Kazakhstan; a Trump-branded seaside resort in the republic of Georgia; a 47-story Trump Tower in Tbilisi, Georgia; hotel rooms at the Trump Tower in Istanbul; a Trump movie studio complex in Florida; and major portions of the Trump Parc Stamford, a condominium tower in Connecticut.

[snip]

The McClatchy news service reported in April that Mueller’s probe was looking more closely at the people involved in Trump’s dealings in three countries, Georgia, Kazakhstan and Russia.

Around this time, CNBC received a tip that Fotiadis had worked on several Trump projects in Eurasia. Curious about his professional relationship with Trump, CNBC reached out to Fotiadis on April 11 for comment about this work.

Fotiadis did not respond to a call or an email. But eight hours later, he announced on Twitter that he was closing his firm, John Fotiadis Architect, or JFA, after 10 years in business. A few days later, Fotiadis closed the Twitter account he had used to announce he was closing down his firm.

By the end of the week, all the content from Fotiadis’ professional website, including his portfolio, had been removed, leaving only a notesaying he planned to join a New Jersey-based engineering company.

Gone was Fotiadis’ impressive portfolio of 30 projects (some of which are pictured below), including villas, schools and office buildings he has designed for clients around the world. Also gone was any reference to the two overseas branches of JFA that he had opened — in Tbilisi and Kiev, Ukraine.

Admittedly, there’s no evidence to explain what happened here. But it sure has the look of either an intelligence front folding, or someone trying to get out of some really uncomfortable relationships quickly (CNBC describes Fotiadis’ new job with a company that does “car dealerships, self-storage facilities and medical labs,” which would seem to support the latter conclusion).

That said, as CNBC notes, the complex projects of the sort that Trump often use the architect as one key ingredient to bring in big creditors.

“The architect is a key part of the Trump sales pitch when he goes into these countries, and he’s convincing the money guys to give him a branding and development deal,” said Jan deRoos, a Cornell University professor of real estate finance. “The architect is the one who translates the Trump brand into actual design and construction standards.”

Update, July 2020: Fotiadis contacted me to explain that he took down his firm’s site at the request of a new employer.

In June of 2018, she published two articles on me on CNBC’s website and tweeted away – touting her “scoop” for all the world to see and marvel at. You see, around the same time she had tried to contact me (in mid-April of 2018), I took down my Architecture firm’s (JFA’s) social media and website when I was asked to do so by my new employers, with whom I had just come to an agreement for employment. The timing of those two completely separate and unrelated events, may have been unfortunate, but far worse, was exploited by Wilkie in a rather pathetic attempt at self-aggrandizement, so as to create a news story where there was none.

In her tweets Wilkie claimed I “disappeared” and went “MIA” simply because I chose not to respond to her and took my company’s social media down around the same time. In other words Wilkie was trying to falsely claim that somehow her inquiry had forced me to “disappear” or at least “lower my profile”.

He also says he was never contacted by any investigators.

The Agalrov perennial Trump dangle

And these two stories come on top of the Agalarov’s perennial Trump dangle, including for a Trump Tower Moscow. I’m still working on the SJC released files (which are really damning), but the family complained that their years of cultivating Trump crumbled after the June 9 Magnitsky dangle was exposed.

These people — or the people who in turn managed them — exerted and probably still exert tremendous influence over Trump. They all seem to lay out a network of compromise far deeper than we imagined when this all started.

Manafort Renewed His Outreach to FBC Group after Mueller’s Early April Revelations

As I noted, last night Mueller’s team moved to revoke Paul Manafort’s bail because — they allege — he has been attempting to suborn perjury from witnesses associated with the FBC Group PR firm. In addition to a declaration laying out the evidence for that claim, Mueller’s team included a list of contacts between Manafort himself and Konstantin Kilimnik with people at FBC Group. Amy Berman Jackson has scheduled a hearing for June 15 to consider the motion.

As the declaration lays out, person D1 (likely Alan Friedman) hadn’t spoken to Manafort since last July, probably before his public raid by the FBI and around the time Friedman started cooperating with the government. He hung up when Manafort called him in February and regarded the outreach as an effort to suborn perjury.

Person D1 told the government that in or around this period, Manafort called Person D1, and that the two had not spoken since July of the previous year. Person D1 stated that after answering the call and after the caller identified himself as Manafort, Manafort stated that he wanted to give Person D1 a heads-up about Hapsburg. Person D1 immediately ended the call because he was concerned about the outreach.

[snip]

Person D1 told the government that Person D1 understood Manafort’s messages to be an effort to “suborn perjury” by influencing Person D1’s potential statements. Person D1 well knew and believed from frequent interactions with its members that the Hapsburg group in fact lobbied in the United States, and that Manafort and Person A knew that fact.

Most of the declaration focuses on a set of communications immediately in the wake of Rick Gates’ plea deal, which made it clear Mueller had expanded Manafort’s prosecution to include actions of the Hapsburg Group — a bunch of European bigwigs Manafort hired to lie about Ukraine publicly and to Congress. I noted the day of Manafort’s first call that Friedman was surely cooperating with Mueller, but apparently I’m smarter than Manafort.

What I’m interested in, however, is that on April 4, Kilimnik tried again, with WhatsApp and Telegram outreach to both D1 and the PR person on the project.

Unlike the Hapsburg specific outreach, the declaration offers no explanation for Kilimnik’s April outreach.

Approximately one month later, Person A reached out to Person D1 directly as well. On April 4, 2018, Person A sent a message to Person D1: “Hi. This is [Person A’s first initial]. My friend P is looking for ways to connect to you to pass you several messages. Can we arrange that.” Person A reached out to Person D2 the same day, and reiterated his need for help in connecting Person D1 with Manafort. Person A added in his text to Person D2: “I tried him [i.e., Person D1] on all numbers.”

This outreach is non-specific. Kilimnik just appears to have an urgent need to reach out to (presumably) Friedman, in Manafort’s name, on April 4.

The timing is particularly interesting to me. The outreach happens in the wake of the Alex Van Der Zwaan sentencing filings, which provided more detail on Skadden Arp’s involvement in the Yulia Tymoshenko whitewash, and as such may have concerned the Hapsburg players. In addition, the prosecution filing for the first time made (and repeated Rick Gates’ indirect) allegations that Kilimnik himself was and might still be a Russian intelligence officer.

Federal Bureau of Investigation Special Agents assisting the Special Counsel’s Office assess that Person A has ties to a Russian intelligence service and had such ties in 2016. During his first interview with the Special Counsel’s Office, van der Zwaan admitted that he knew of that connection, stating that Gates told him Person A was a former Russian Intelligence Officer with the GRU.

The outreach also happened in the wake of Mueller’s filing of the Rosenstein Memo, as well as public claims that included Oleg Deripaska in the scope of the investigation.

So it’s likely that Paul Manafort and Konstantin Kilimnik regarded those early April filings as impacting in some way on FBC Group, and possibly on Alan Friedman personally.

Of course, Friedman wasn’t playing Manafort’s games by that point, and hadn’t been already for over a month (and probably over 8 or 9 months).

Whatever else Manafort learned with yesterday’s filings, he likely also confirmed that. Whatever added risk those early April filings posed to Manafort, FBC Group is probably part of the risk, not part of his efforts to dodge the risk.

Update: I made an error in this post originally, by saying that it pertains to Mercury (Company A or B in Mueller’s findings). Josh Gerstein correctly IDs the company as FBC Media, which would make D1 Alan Friedman.

The Cat Moves onto Pounce on its Paul Manafort Cat Toy

On November 17, I said this about Manafort’s efforts to make bail.

I feel like Mueller’s prosecutors are playing with these two men as cats play with balls, just patiently batting them around, waiting for the inevitable admission that they can’t make bail because they don’t have assets they can put up because everything they own has been laundered. At which point, after getting the judge rule over and over that they’re flight risks, I suppose the government will move to throw them in the pokey, which will finally get them to consider flipping.

On May 18, Judge Amy Berman Jackson ruled that Manafort had show sufficient liquidity that she would move towards granting him bail, pending certain interviews.

After that order, Manafort pledged the last properties he’d need to pledge to make bail (probably the last of his liquid possessions). Then Mueller’s team posted a cryptic filing asking to file something by June 4 — today — in response to Manafort’s last, finally successful!!!!, attempt to post bond.

Here’s that filing. Basically, Mueller’s team says that as soon as Rick Gates made a move to flip, Manafort tried to tamper with witnesses (largely Mercury Group, the Vin Weber lobbying firm) on new criminal evidence raised in the Gates plea — their efforts to use the “Hapsburg Group” to lobby in favor of pro-Russian views. Because Manafort broke the law while out on bail, Mueller argues, the whole process needs to be reevaluated.

Manafort may finally be headed to the pokey. Which may be why Trump was so worried about his poor corrupt campaign manager yesterday.

I’ll have more to say about the filing and the means they used to obtain the WhatsApp and Telegram evidence behind it — suffice it to say there has been parallel construction going on in the casino.

But for now, know that Mueller’s team has been sitting on this evidence since May 4 — probably since February 28.

They’ve just been waiting for Manafort to pledge the last little bits of his liquidity before they move to throw him in prison.

And somehow, it’s almost as if Donald Trump knew the guy he once suggested was his firewall might be in legal peril.

The 58 Second Gap: Did Emin Agalarov Tell Rob Goldstone Putin Talked to His Father about the June 9 Meeting?

Neither of the Agalarov employees — Ike Kaveladze and Rob Goldstone — involved in the June 9 meeting were fully responsive to the Senate Judiciary Committee. Kaveladze, who worked with Aras Agalarov to implement the meeting, at first failed to tell SJC that he got on a plane the day after the meeting and flew to Moscow. Even in a second appearance, he had not looked up whose Russian mobile phones he spoke to the day after the meeting, while he was still in NY, and never explained the timing of his last minute trip to NY and then Moscow.

Goldstone had to do a second appearance to talk through efforts to set up a meeting with Putin in 2013, and also to walk through newly complete versions of the WhatsApp texts he had with Emin as the June 9 story broke last summer. And Goldstone — an independent businessman who surely needs such records for tax purposes — ultimately never provided phone records that would show whom he called when during key periods.

I’d like to look at the circumstances surrounding a piece of evidence newly turned over and discussed in Goldstone’s second interview, which took place on March 29. At issue is a WhatsApp voice message Emin left Goldstone at 9:17 AM on July 10, 2017, in the midst of Goldstone’s panic as he increasingly became the focus of press attention and even (he claims) started to lose business over having set up the June 9 meeting. It takes place shortly after this exchange, in which Goldstone complains about being depicted as “some mysterious link to Putin,” to which Emin (a good Russian) responds, “That should give you mega PR.” (PDF 21)

According to Goldstone’s testimony, after he texted, “Forget it,” he and Emin spoke by phone, and the latter told Goldstone he should be happy because the scandal was making him one of the most famous people in the world.

I think there was a call between us as some point before these [voice mails]. After I said, “Forget it,” I believe we did have a really brief call that I hung up on. And, yes, there was. It was, again, him saying, “I still don’t understand. This is mega” — you know I think at one point he said to me, “This is making you one of the most famous people in the world,” and the reason I remember it is because I said to him, “You know, Jeffrey Dahmer was famous. I don’t think he got a lot of work out of it,” and hung up.

What follows are three WhatsApp voicemails left from 9:17-18 on July 10 (while this is taking place, Emin is in Moscow and Goldstone is in Greece; as this exchange was taking place, Kaveladze was landing in Moscow, having had a call with Don Jr’s lawyers on July 7, the day Putin and Trump talked about adoptions as the Trump camp was struggling to come up with a statement about the June 9 meeting).

In the first call, Emin tried to downplay his own role in things, suggesting Goldstone should work with Kaveladze and his father.

Rob, I understand your frustration and no way I’m trying to downsize what’s happening. But as you know, as the meeting happened through Ike and my Dad, I was not involved, and I was also against all possibilities. The same way right now, any comments should go through them. Just figure out with Ike what the strategy should be. I don’t mind you commenting anything. There’s no problem from my side, as you understand.

Goldstone didn’t provide a very convincing explanation for what Emin meant by “I was also against all possibilities.”

Then Emin calls back again (it’s pretty obvious Goldstone is still angry and ignoring these three calls). He offers to ask his father whether Goldstone should comment.

And if you want, I can speak to my father and ask him directly if he minds or doesn’t mind, wants you to comment, doesn’t want you to comment.

Which brings us to the third voicemail, which WhatsApp shows to be 1:10 long, but which Goldstone’s lawyer, Bernard Ozarowski, says was only 12 seconds long. In addition to that discrepancy (which Ozarowski claims is a WhatsApp error), the first word of even the 12 second voicemail — describing someone contacting Aras — is cut off. (PDF 59-61)

MR. PRIVOR: Before the break, we were discussing one of the voicemail messages that appears to be cut off, and, Counsel, you were going to explain sort of what you had in your files and what has been produced, and we’d invite you to make a statement on the record about that.

MR. OZAROWSKI: Sure. Our best understanding at this point is that all of the audio files that we’ve produced to the Committee are complete. I myself helped get the files off of Rob’s phone, and they are complete files to the best of our knowledge. Our general understanding is that the 1 minute and 10 second time stamp is an error on WhatsApp. It appears maybe to be related to the minute and 10 second voicemail that comes later in the string of texts. This message, as best we can tell, is approximately 12 seconds. And, also, when looking at Rob’s phone more recently and replaying it, the message appears to be 12 seconds long.

MR. PRIVOR: Very well. We appreciate that clarification, and let’s now continue with that particular message.

BY MR. PRIVOR: Q. So as noted — and we understand that the file you have is shorter — it nevertheless appears to be cut off slightly at the beginning. It sounds like Emin is saying someone was in direct contact with him. The “him” I think is a reference to Aras Agalarov. Is that your understanding, Mr. Goldstone?

A. Could I ask that that be played again? Just because there’ s been a little time in between.

MR. PRIVOR: Yes, of course. Again, the file is Bates RG-000253.

[Voicemail message played]

MR. AGALAROV: — is in direct contact with him, but I haven’t spoken on the matter recently to him, but I can. Let me know if you want me to.

MR. GOLDSTONE : I can’t make out what that first word is, but it obviously relates to somebody being in direct contact with him. And as it relates to the previous voice message, I would agree that it’s with his father, Aras.

BY MR. PRIVOR :  Q. Do you recall having any conversation with Emin about who was in direct contact with his father?

A. I do not.

Q. Emin says in that message that he hasn’t “spoken on the matter recently to him, but I can.  Let me know if you want me to.” That, again, sounds like an offer to speak to his father. The “him” is a reference to Aras. Do you agree with that?

A. I agree with that.

Q. Did you ever follow up with Emin to ask him to follow up with his father?

A. No.

Q. And did you yourself directly follow up with Aras?

A. No.

Now, there are likely some non-scandalous explanations for who of interest might have reached out to Aras Agalarov, but the most likely explanations are almost certainly wrong. The most likely reference would be to Kaveladze. He generally dealt directly with Aras, Goldstone dealt directly with Emin, Aras and Emin dealt directly with each other, and Kaveladze and Goldstone dealt with each other.

Except that’s highly unlikely because earlier in this same exchange, Emin and Goldstone had discussed that Kaveladze was in the air on the way to Moscow.

And after Kaveladze lands (I’m still trying to figure out the real time of this text, but it temporally slides into the discussion of statements Goldstone and Emin started, as the larger string of Kaveladze’s texts show), Kaveladze texts Emin and asks to talk. (PDF 31)

The next exchange of texts seems to suggest Emin and Kaveladze meet to talk about a statement. First Goldstone says that Kaveladze has told him he — either Emin alone or with Kaveladze — is drafting a statement.

And Emin responds, “meeting now.”

Emin calls shortly thereafter and tweaks Goldstone’s speech.

So the missing name doesn’t appear to be Kaveladze.

The only other person in the loop on these issues — Emin’s assistant Roman Beniaminov — worked through Emin and Kaveladze, just like Goldstone did.

There are, presumably, other possibilities we wouldn’t know about. For example, Emin could be suggesting that the Agalarovs throw business to Goldstone via some other means.

But the context suggests one possibility. The last thing Goldstone texted before the phone call he hung up on and Emin’s three voice mails was a complaint that he was being perceived as having a link to Putin, with earlier complaints about losing work from it. By Goldstone’s own description, on the call he complained again about losing work, and analogized what he had just raised — a purported link to Putin — with being a serial killer.

In the third of three voicemails that Emin leaves to try to placate Goldstone for suggesting he should be thrilled about a link to Putin rather than horrified by it, Emin starts by saying someone — the missing name — “is in direct contact with” his father, Aras Agalarov. “I haven’t spoken on the matter recently to him,” — Emin doesn’t say what matter, which might either relate to the June 9 meeting or something discussed on the phone call. But he offers to speak to (apparently) his father about this. “but I can. Let me know if you want me to.”

Again, that’s in no way definitive. But in context, it’s possible. It certainly might explain why these texts weren’t fully turned over in the first round, why at least the first word of the voicemail, if not 58 seconds, is missing, and why Goldstone hasn’t, apparently, turned over his phone records (which would show how long this call was).

At the very least, Mueller has Goldstone’s phone records. He may well have a copy of the WhatsApp chats from Facebook. He also surely has the other information Kaveladze didn’t turn over to SJC. So he may well know the answer to this.

The Documents the White House Turned Over

I wanted to pull this information, from the John Dowd’s letter to Robert Mueller, to lay out how the White House has categorized document requests from Mueller. Dowd boast the “Records voluntarily produced to your office by the White House total over 20,000 pages.” Here’s what those records like, arranged by Bates series.

The Flynn documents

The categories start with Flynn, including an astounding 2,572 pages related to Sean Spicer’s comments to the press on Jim Comey from May 3, 2017 (in the press briefing that day Spicer downplayed the threat Russia posed to the US).

  • FBI Interview of Michael Flynn at the White House on January 24, 2017 (SCR001), 9 documents, 66 pages;
  • Communications of DAG Sally Yates, DOJ, FBI, & WH regarding Michael Flynn (SCR002), 28 documents, 64 pages;
  • Communications between White House staff regarding the FBl’s investigation into Russian interference or James Comey (SCR003), 53 documents, 248 pages;
  • The resignation of Michael Flynn (SCR004), 311 documents, 762 pages;
  • Sean Spicer’s May 3, 2017, statements to the press regarding James Comey (SCR005), 445 documents, 2,572 pages;

The George Papadopoulos documents

There’s just one bullet point of communications pertaining to Papadopoulos. This list must reflect the list of those who might be of interest in the Russian inquiry. Note that Jeff Sessions is not included.

  • White House communications concerning campaign and transition communications between Manafort, Gates, Gordon, Kellogg, Page, Papadopoulos, Phares, Clovis and Schmitz (SCR006), 75 documents, 978 pages;

A second tranche of Mike Flynn documents

Then there are two more bullets of Mike Flynn documents, first seeking campaign and transition communications involving Russian Federation officials, and then seeking the 2,990 pages on the May 10, 2017 meeting with Sergei Lavrov. We should expect a ton of prep work in advance of such a meeting, so the number might not be that surprising. But it is the largest set of documents.

  • White House communications regarding campaign and transition communications between Michael Flynn and Sergey Kislyak or other Russian Federation officials (SCR007), 303 documents, 912 pages;
  • May 10, 2017, White House meeting with Russian Federation officials (SCR008), 808 documents, 2,990 pages;

The June 9 meeting documents

Only after those Flynn related comms did Mueller ask for June 9 meeting documents. They asked for three things: Documents pertaining to the June 9 meeting (note, this doesn’t include a request for the follow-up discussions in November). Then, a list of those who were involved in Don Jr’s press statements. Finally, all the comms from those people. The number of these documents is suspiciously small, particularly as compared to the volume turned over to SJC.

  • June 9, 2016, meeting between Donald Trump, Jr., and Natalia Veselnitskaya (SCR009), 117 documents, 1,821 pages;
  • July 8, 2017, Air Force One participants regarding Donald Trump, Jr., press statements concerning Veselnitskaya meeting (SCR010), 1 document, 1 page;
  • Communications of individuals identified in category number 10 (SCR011), 141 documents, 284 pages.

Jim Comey documents

Finally, there are documents pertaining to Jim Comey’s firing. This suggests Mueller didn’t ask for these documents until at least July 2017.

  • Meetings between the President and James Comey (SCR012), 109 documents, 725 pages;
  • The decision to terminate James Comey (SCR013), 442 documents, 1,455 pages;
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