Maybe Stephen Miller’s Discussions with George Papadopoulos Are Why Jeff Sessions Can’t Recall Any Email Discussions?

Over the weekend, the NYT published the best reported piece yet on the George Papadopoulos plea. I’m most intrigued by the description of how a young Russian intern turned Joseph Mifsud into a Russian expert in 2014. But the most important detail in the story is that the loathsome Stephen Miller is the Senior Policy Adviser described in the plea.

The day before he learned about the hacked emails, Mr. Papadopoulos emailed Mr. Miller, then a senior policy adviser to the campaign, saying Mr. Trump had an “open invitation” from Mr. Putin to visit Russia. The day after, he wrote Mr. Miller that he had “some interesting messages coming in from Moscow about a trip when the time is right.”

Those emails were described in court papers unsealed Oct. 30 disclosing that Mr. Papadopoulos had pleaded guilty to lying about his contacts to the F.B.I. But the documents did not identify Mr. Miller by name, citing only a “senior policy adviser.” Neither he nor his lawyer responded on Friday to requests for comment.

During interviews with Mr. Mueller’s investigators, former campaign officials now working at the White House have denied having advance knowledge of the stolen emails, according to an official familiar with those discussions. Mr. Miller was among those recently interviewed.

The NYT hints at what I laid out explicitly: FBI charged Papadopoulos for his lies because they were designed to hide whether he told the campaign about the emails Mifsud told him about. And given the timing, it seems highly likely Papadopoulos’ reference in his April 27 email (the government cites just one line from the email, so it may not be the most exciting detail) to “interesting messages coming in from Moscow,” those interesting messages included discussion about the “dirt” Russia had on Hillary in the form of emails.

That is, it seems highly likely that on April 27 (or whenever Papadopoulos was next in DC), Miller learned that Russia had some kind of emails from Hillary.

Miller, recall, is Jeff Sessions’ close aide, his installment in the Administration. The NYT makes clear that Miller was interviewed by Mueller’s team recently, which means he was one of the people the government planned to interview just after locking in Papadopoulos’ plea.

Which makes this exchange from Jeff Sessions’ most recent congressional appearance, on October 18, all the more interesting. First, Patrick Leahy got the Attorney General to admit that there was a difference between not recalling something and affirmatively denying something. Leahy then pointed out that, once the meetings he had denied were disclosed, Sessions started not recalling certain things about the meetings that he had previous affirmatively denied.

Leahy: Later in March, when you did disclose such meetings, you said you could not recall what was said at the meetings. Your answer to my question was an emphatic no. It wasn’t, “I don’t recall.” You are a lawyer, I am a lawyer. You are, in fact, our nation’s top lawyer. Is there a difference between responding “no” and “I do not recall”?

Sessions: Yes.

Leahy: Thank you.

Sessions: Certainly it is, Senator Leahy.

Leahy: So if you could not recall, then you could not answer have answered my first question, yes or no, if later you said that you don’t recall what was discussed. The reason I ask is that, US intelligence intercepts reported in July that it would appear you did in fact discuss campaign issues with the Russian Ambassador.

Leahy then asked Sessions whether he had, since the election, had conversations with Russian officials about a slew of things, starting with emails. Sessions got even squirrelier than he normally is, and first attempted to answer a question Leahy didn’t ask.

Sessions: I have never had a meeting with any Russian officials to discuss any kind of coordinating campaign efforts.

So then Leahy asked about each item in turn.

Leahy: Let’s take this piece by piece. Did you discuss any of the following: Emails?

Sessions: Repeat the question again about emails.

Leahy: Since the 2016 campaign, have you discussed with any Russian connected official anything about emails?

Sessions: Discuss with them. I don’t recall having done any such thing.

Right after this exchange, Sessions totally balks when Leahy asks him if he has been interviewed or asked for an interview by Mueller, saying he should clear it with the Special Counsel.

Now, there was some imprecision in this questioning. It’s clear that Sessions believed he was answering the question about during the campaign, not since it.

But of the things Leahy asked about — emails, Russian interference, sanctions, or any policies or positions of the Trump campaign or presidency — Sessions ultimately not-recalled in response to just one question: the emails.

Based on the past practice Leahy had just laid out, Sessions claimed to not recall issues that he had actually done. Which would suggest Sessions is worried that there’s evidence he has discussed emails — with someone. It’s just not clear how he interpreted that question.

Luckily, he’s due in the House Judiciary Committee tomorrow, when Democrats can try to get him to recall whether he spoke to his top aide, Stephen Miller, about emails the Russians were promising.

Mueller’s Watergate Prosecutor Is Liaising with the White House Lawyers, and Other Tidbits on Mueller’s Org Chart

Earlier this month, I explored what the organization exposed by the first court filings in the Mueller investigation showed. Politico has a version of the same analysis today that adds some more interesting details.

What ought to be the headline details is that the prosecutor on Mueller’s team who worked on Watergate, James Quarles, is the one liaising with White House lawyers.

Mueller’s liaison to the White House is James Quarles, a former Watergate prosecutor who has helped arrange an ongoing series of interviews with current and former Trump aides. Quarles was involved in the questioning of former press secretary Sean Spicer during a daylong interview last month, according to a person with knowledge of the interview, and he’s a primary point of contact for Trump’s personal attorney, John Dowd, as well as Ty Cobb, the lead White House lawyer handling the Russia investigation.

That seems like worthwhile symbolism.

The article describes who is leading the investigation into Mike Flynn.

And at the center of the investigation into Flynn is Jeannie Rhee, a former Obama-era deputy assistant attorney general who most recently worked with Mueller at the WilmerHale law firm — and whose name has so far appeared only on publicly available court documents relating to the guilty plea of former Trump campaign adviser George Papadopoulos. Assisting Rhee on the Flynn case is Zainab Ahmad, an assistant U.S. attorney from New York with a specialty in prosecuting and collecting evidence in international criminal and terrorism cases — and whose name hasn’t yet appeared in Russia-related court filings at all.

I find it curious that Rhee has been involved in the Papadopoulos plea, given that there’s no sign that links up to Flynn. And I’m just as curious that Ahmad (who, as I noted, is a specialist in trying foreigners brought into the US) is on that team. Are there more Turks that will be brought in on the Flynn investigation? This passage doesn’t mention Brandon Van Grack (it later describes Van Grack’s role in Papadopoulos’ arraignment back in July, without explaining that that’s pretty clearly because he’s used to the court house in Alexandria, where Papadopoulos was arraigned), though I assume he’s still on that team.

Finally, the piece notes that Mueller added another prosecutor (it says there are currently 17 prosecutors, which may mean he has added two). Though unlike with all the other prosecutors on the team, Mueller’s not telling who this one is.

Mueller’s work isn’t just confined to his team of prosecutors, which special counsel spokesman Peter Carr said grew last week to 17 with the addition of an unnamed lawyer.

That may mean some other case just got deemed related to Mueller’s, but it’s one that he doesn’t want to reveal has been connected yet.

At Some Point Trump’s Denials Are about Criminal Defense, Not Just Denial

After hanging out with Vladimir Putin informally in Da Nang, Donald Trump again said he believes Putin’s denials that he interfered with the election.

“He said he didn’t meddle. He said he didn’t meddle. I asked him again. You can only ask so many times,” Trump told reporters aboard Air Force One as he flew from Da Nang to Hanoi in Vietnam. Trump spoke to Putin three times on the sidelines of summit here, where the Russia meddling issue arose.

“Every time he sees me, he says, ‘I didn’t do that,'” Trump said. “And I believe, I really believe, that when he tells me that, he means it.”

“I think he is very insulted by it,” Trump added.

This has the chattering class horrified, again, about what this does for the intelligence community.

That’s all true, but I think this is about more than Trump preferring the analysis of an old KGB spy.

As this NYT story released last night makes clear, the Mueller investigation is closing in on Trump’s close aides, including Stephen Miller and (as I’ll point out later) Jeff Sessions. I have reason to believe something will be announced in the very near future that will blow the investigation wide open, in ways that may directly implicate the President.

But, as I’ve said repeatedly, the Russian operation built in multiple levels of deniability, not just the WikiLeaks cut-out. So it may be that whatever actions personally implicate Trump involve enough deniability he will be able to claim — or try to — that he didn’t know the actions he took involved working directly with the Russians.

In other words, at some point these repeated public claims aren’t about trusting Putin over his intelligence community. They’re about mounting a criminal defense.

The Flynn-Turkey Deal Raises the Obstruction Stakes for the Preet Bharara Firing

Twitter is abuzz this morning with the WSJ story (this is the NBC version of it; here’s a paywall free link) that Mike Flynn and his spawn hoped to make up to $15 million for kidnapping Fethullah Gulen and delivering him to Turkey.

Investigators for Special Counsel Robert Mueller’s probe into Russia’s interference with the U.S. presidential election recently questioned witnesses about the alleged December 2016 meeting between Flynn and senior Turkish officials, two people knowledgeable with the interviews said. The questions were part of a line of inquiry regarding Flynn’s lobbying efforts on behalf of Turkey.

Mueller’s investigation into Flynn’s potential deal with Turkey was first reported by The Wall Street Journal.

Four people familiar with the investigation said Mueller is looking into whether Flynn discussed in the late December meeting orchestrating the return to Turkey of a chief rival of Turkish President Recep Erdogan who lives in the U.S. Additionally, three people familiar with the probe said investigators are examining whether Flynn and other participants discussed a way to free a Turkish-Iranian gold trader, Reza Zarrab, who is jailed in the U.S. Zarrab is facing federal charges that he helped Iran skirt U.S. sanctions.

The story has already been told; what’s new about this iteration of it is the eye-popping pay-off, as well as more details about the timing and location of a second meeting.

The meeting allegedly took place at the upscale 21 Club restaurant in New York, just blocks always from Trump Tower where Flynn was serving on the presidential transition team. Flynn was offered upwards of $15 million, to be paid directly or indirectly, if he could complete the deal, according to two sources familiar with the meeting.

Mostly, the focus has been on the kidnapping part of the story (perhaps, in part, because Republicans tried to attack James Woolsey for his involvement in it a few weeks back). But, because of the timeline, I think the far more interesting side of it is the inclusion of a deal on the Reza Zarrab prosecution — because that implicates Trump’s decision to fire Preet Bharara, substantiating a parallel case to his firing of Jim Comey.

As noted, SDNY is prosecuting Zarrab for laundering Turkish gold into Iranian coffers. Rudy Giuliani and Michael Mukasey are representing Zarrab, with Giuliani going so far as brokering a deal that would trade foreign policy cooperation for Zarrab’s release even while defying pressure from DOJ about explaining his role in it. Because the case implicates Recep Tayyip Erdogan personally, the impending trial has led to increasing diplomatic tensions with Turkey.

By November 30, Trump assured Preet, as he did Comey, that he would stay on in the Trump Administration. But that changed when, in March, Trump unexpectedly asked for the resignation of almost all US Attorneys. Preet forced the issue and made Trump fire him; early reports suggested Marc Mukasey might replace Preet. Since then, Jeff Sessions has struggled to explain his own role in the firing, which could be an important element to proving the reasons behind it. In the same hearing, it came out that Trump has personally interviewed potential successors for Preet.

In the wake of the Preet firing, those watching closely honed in on the connection between increasing scrutiny on Flynn’s ties with Turkey and the firing.

There’s another reason we should all be alarmed by the unceremonious firing of Preet Bharara, outgoing U.S. attorney for the Southern District of New York.

Bharara is presently involved in a case against Reza Zarrab, a dual Iranian-Turkish national accused of violating U.S. sanctions against Iran. Investigators initially focused on Zarrab’s sanctions evasion. They then discovered that Zarrab was in close contact with Turkey’s President Tayyip Erdogan, who used Illicit funds to provide weapons, financing and logistics for jihadi groups in Syria including ISIS.

Bharara has a reputation as a non-partisan professional. He is known for independence and resisting direction, which led to tensions with the Justice Department and the U.S. Department of State.

As it happens, Bharara’s dismissal occurred the same day [actually Flynn filed his FARA registration on March 7] former National Security Adviser Gen. Michael Flynn admitted to obscuring ties with Turkish interests in violation of the Foreign Agent Registration Act. Bharara’s dismissal also occurred in the wake of recent contact between Berat Albayrak, Erdogan’s son-in-law, and Jared Kushner.

What this story provides is — like the Comey firing and not coincidentally also tied to Mike Flynn’s actions — important timing. In November, Trump promised to keep Preet. In December, Flynn continued his discussions with the Turks. In March, just after DOJ started forcing Flynn to reveal details about his work for Turkey, Trump reneged on his promise to Preet and — in the guise of firing everyone — fired Preet.

Here’s what the timeline looks like:

November 30: Trump tells Preet he can stay

Mid-December: Flynn has meeting discussing $15 million payoff for doing Turkey’s bidding

March 7: Flynn submits delated FARA registration ending in November

March 11: Trump fires Preet

Given Sessions’ confusion about whether he was really involved in that decision, I would bet there’s a paper trail showing he provided, as he did for the Comey firing, cover for a decision that had already been made.

The one other important detail of this story, which follows on stories from yesterday, is that Mueller has implicated Flynn Jr in this deal. That reportedly is already making Flynn Sr consider pleading, to protect his son.

But if he does that, he may be forced to disclose how closely Trump was involved in these discussions to sell US policy to Turkey to enrich a staffer.

“The Goals That Are Being Scored” … the Carter Page Saga

In the middle of the Carter Page testimony to the House Intelligence Committee last week, Adam Schiff tried to get him to answer whether he spoke about buying a stake of Rosneft during his July 2016 trip to Moscow — a key claim from the Steele dossier. Page professed that it might be possible, but he couldn’t remember such a discussion because he was watching Ronaldo on TV at the time.

He may have briefly mentioned it when we were looking up from this Portugal — Ronaldo, whoever the — you know, the goals that are being scored. That may have come up. But I have no definitive recollection of that.

Page comes off, often, as someone utterly clueless about how both the Trump campaign officials and the Russians trying to use him were doing so.

It depends on the definition of meet

That said, the most interesting bits involve the things Page tried to hide or obfuscate, such as his claim he never met Trump even after having been in a lot of meetings with him.

Mr. Rooney: Did you ever meet Mr. Trump?

Mr. Page: I have never met him in my life. I’ve been in a lot of meetings with him, and I’ve learned a lot from him, but never actually met him face-to-face.

He does the same with Arkadiy Dvorkovich, Russia’s Deputy Prime Minister, when Adam Schiff tries to point out that meeting him in July 2016 would amount to meeting a senior official.

Mr. Schiff: And you don’t consider him to be a high-up official or someone in an official capacity?

Mr. Page: I — nothing I — it was — again, I did not meet with him. I greeted him briefly as he was walking off the stage after his speech.

Page even compares these two instances of not-meetings later in his testimony.

[I]t goes back to the point I mentioned with listening to speeches, listening to particularly Arkadiy Dvorkovich’s speech, right. Again, great insights just like I learned great insights — even though I’ve met — I’ve never met Donald J. Trump in my life, I’ve learned a lot from him.

Ultimately, even Trey Gowdy finds this obfuscation around the word “meet” to be too much.

Mr. Gowdy: All right. I’ve written down four different words. I didn’t think I’d ever be going through this with anyone, but we’ve got to, I guess. You seem to draw a distinction between a meeting, a greeting, a conversation, and you hearing a speech.

JD Gordon’s central role

I pointed out last week how JD Gordon was playing the press in the wake of the Papadopoulos plea agreement being unsealed. Page’s testimony may explain why: because Gordon was the key person coordinating Page’s activities.

Page at first tries to hide this, before he admits that JD Gordon was his supervisor on the campaign.

And J.D. Gordon was brought in, and he was sort of the de facto organizers [sic] for our group, although not — there was no official command structure, because, again, it was an informal quasi think tank, if you will.

Page later describes Gordon as the most formal of the foreign policy group.

[T]he thing with J.D. is that — again, we’re an informal group, right. He was probably the most formal. I believe he may have even had — if I’m not mistaken, he may have had a Trump campaign email address. I had spoken with him on that — a few occasions that are — you know, we’d get together for a dinner. I may have sent an email or two to him on that. And again, he never definitively answered one way or another.

And Page seems to have treated his conversations with Gordon with some sensitivity (though there’s any number of reasons why this might be true, including that they were running a cutthroat political campaign). Eric Swalwell walks Page through an email in which he warned Gordon, in advance of a call, that he’d be in the “Third World” Laguardia Sky Club so could only listen, not speak.

Mr. Swalwell: In a May 24th, 2016, email to J.D. Gordon, Bates stamped [redacted], you wrote: “FYI: At the Newark Sky Club, Delta has a private room when you can have a confidential conversation, but, unfortunately, no such luck at Third World LaGuardia. So I’ll mostly be on receive mode, since there are a significant number of people in the lounge.”

Later in testimony, Schiff describes an email Page sent two days later, telling Gordon, “I’m planning to speak alongside the chairman and CEO of Sberbank as we’ll both be giving commencement addresses as Mosscow’s New economic School on July 8” (in fact the meeting never happened; though that may be because Dvorkovich replaced him).

Perhaps most damning of all, when Page “mentioned to [Jeff Sessions] in passing” (yet another exchange that shows Sessions perjured himself before the Senate) that he was about to go to Moscow, Gordon and Papadopoulos were present as well.

Mr. Schiff: Let me take you back to what we were discussing before our break, the meeting you had at the Republican National Headquarters I think is the building you’re referring to, if I understand correctly. What was the nature of the discussions at that meeting with Mr. Sessions, then-Senator Sessions — was J.D. Gordon present?

Mr. Page: I believe he was.

Mr. Schiff: And George Papadopoulos you believe was there?

Mr. Page: I believe, yes, to the best of my recollection.

This puts some of the key players together, discussing how Page’s trip to Moscow might benefit the campaign.

Finally, in spite of his efforts to downplay his exchange with Dvokovich, Page’s letter to Gordon boasting about it was a key focus.

Mr. Schiff: And in that [email], Dr. Page, didn’t you state, on Thursday and Friday, July 7 and 8, 2016: “Campaign Adviser Carter Page” — you’re referring to yourself in the third person — “presented before gatherings at the New Economic Schoo, NES, in Moscow, including their 2006 [sic] commencement ceremony. Russian Deputy Prime Minister and NES Board Member Arkadiy Dvorkovich also spoke before the event. In a private conversation, Dvorkovich expressed strong support for Mr. Trump and a desire to work toward devising better solutions in response to the vast range of current international problems”?

The others

While less substantive than the focus on JD Gordon, it’s clear Democratic members were interested in the roles of others: Corey Lewandowski, who “hired” Page and okayed his trip to Russia, Hope Hicks, who was in the loop, Sam Clovis, who made him sign an NDA and had another meeting with him before he left for Russia, and Michael Cohen, who kept the NDA (and in fact didn’t provide Page his promised copy). Schiff also got the list of those responsible for changing the platform (which I think is overblown) into the record: in addition to Gordon, Joseph Schmitz, Bert Mizusawa, Chuck Kubic, Walid Phares, and Tera Dahl.

But the most interesting exchange came right at the end, when Schiff walked Page through a list of people he might have interacted when. When he asked about Eric Trump, Page admitted to sending his resignation to the son.

Mr. Schiff: Eric Trump.

Mr. Page: I — when I sent in my letter of — saying that I am taking a leave of absence from the campaign, I sent an email to him and a bunch of other individuals. So that was on — late Sunday night, after I sent the letter to James Comey. I sent a copy of that to them.

Mr. Schiff: So you sent a letter to Eric Trump, but you have had no other interaction with him apart from that?

Mr. Page: No. No.

Mueller probably interviewed Page during the Papadopoulos lag

Finally, there is perhaps the most important detail. Page admits he has spoken with the FBI this year 4-5 times (he appears to have been represented by a lawyer earlier this year, but he’s now draining his savings and representing himself). When asked if he has met with Mueller’s investigators, he notes what I did: his October 10 letter sort of pleading the Fifth was addressed, first and foremost, to Robert Mueller, which would put his testimony between the time George Papadopoulos pled guilty to false statements and the time it was unsealed — the time when Mueller was locking in the testimony of everyone implicated by Papadopoulos’ cooperation.

As I noted the other day, in the affidavit the FBI wrote explaining why they wanted to seal any notice of Papadopoulos’ plea deal, they described their plans to get the testimony of the people who had knowledge between Russians and the campaign.

The investigation is ongoing and includes pursuing leads from information provided by and related to the defendant regarding communications he had, inter alia, with certain other individuals associated with the campaign. The government will very shortly seek, among other investigative steps, to interview certain individuals who may have knowledge of contacts between Russian nationals (or Russia-connected foreign nationals) and the campaign, including the contacts between the defendant and foreign nationals set forth in the Statement of Offense incorporated into the defendants plea agreement.

All the people interviewed in what I’ll call the Papadopoulos lag — the time between when he pled guilty and the time they unsealed his plea — likely operated with the false confidence that the Mueller team would not know of conversations among campaign staffers. It appears that Page (like Sam Clovis, and, probably,JD Gordon) was interviewed in that period.

Be Wary of Jumping on the Changing Veselnitskaya Claims

Boy oh boy, Natalia Vesenitskaya continues to work the press.

Veselnitskaya reverses a previous claim that the June 9, 2016 meeting didn’t mention the election

Bloomberg has a story based on a two and a half hour interview — on an unspecified date — with the Russian lawyer who met with Don Jr, Jared Kushner, and Paul Manafort at Trump Tower on June 9, 2016. In it, she adds to the story she has told in the past to claim that Don Jr suggested the US might revisit the Magnitsky sanctions if his dad got elected.

A Russian lawyer who met with President Donald Trump’s oldest son last year says he indicated that a law targeting Russia could be re-examined if his father won the election and asked her for written evidence that illegal proceeds went to Hillary Clinton’s campaign.

The lawyer, Natalia Veselnitskaya, said in a two-and-a-half-hour interview in Moscow that she would tell these and other things to the Senate Judiciary Committee on condition that her answers be made public, something it hasn’t agreed to. She has received scores of questions from the committee, which is investigating possible collusion between Russia and the Trump campaign. Veselnitskaya said she’s also ready — if asked — to testify to Special Counsel Robert Mueller.

Here’s the line of the story that, if accurate, introduces a damning new aspect of the story.

“Looking ahead, if we come to power, we can return to this issue and think what to do about it,’’ Trump Jr. said of the 2012 law, she recalled. “I understand our side may have messed up, but it’ll take a long time to get to the bottom of it,” he added, according to her.

Perhaps my favorite detail of the story, however, is that she suggests Paul Manafort (the only one known to have taken contemporaneous notes from the meeting) appeared to have been asleep, leaving Don Jr as the only woke witness to what went down.

Kushner left after a few minutes and Manafort appeared to have fallen asleep. “The meeting was a failure; none of us understood what the point of it had been,’’ Veselnitskaya said, adding she had no further contacts with the Trump campaign.

As Bill Browder noted, this marks a change in her story, one which must be contextualized with recent events.

In the days immediately after the story broke, Veselnitskaya released a statement saying nothing about the presidential election came up.

Ms. Veselnitskaya said in a statement on Saturday that “nothing at all about the presidential campaign” was discussed at the Trump Tower meeting. She recalled that after about 10 minutes, either Mr. Kushner or Mr. Manafort left the room.

She said she had “never acted on behalf of the Russian government” and “never discussed any of these matters with any representative of the Russian government.”

Now, she’s claiming different. I’d suggest that this claim, like all that have gone before, should be treated really really skeptically — especially published in the wake of allegations that campaign officials would have walked into that meeting expecting “dirt” to mean emails, not to mention as Veselnitskaya makes another bid to come to the US and Trump prepares to meet directly with Putin.

Veselnitskaya makes this claim as she tries to come to the US and Agalarov attempts to shape the story

Here’s what the recent timeline looks like:

October 4: Burr was asked last month about Veselnitskaya, and suggested SSCI had already reached out.

Q: Is the Russian attorney going to come through, the Russian who met with Donald Trump Jr., she’s offered to come in open committee. Have you reached out to her? Is she one of the 25 on your list?

Burr: How do you know we haven’t already [heard from] her?

October 9: A CNN story produced with involvement of Scott Balber, who is currently representing Aras and Amin Agalarov (who set up the June 9 meeting in the first place), but who has represented Trump in the past, attempts to rebut the public comments and presumed testimony of Rod Goldstone on two points. First, that the meeting was about dealing dirt, and second, that it was about anything but the Magnitsky sanctions.

The documents were provided by Scott Balber, who represents Aras and Emin Agalarov, the billionaire real estate developer and his pop star son who requested the June 2016 meeting.

Balber, who went to Moscow to obtain the documents from Veselnitskaya, said in an interview with CNN that the emails and talking points show she was focused on repealing the Magnitsky Act, not providing damaging information on Clinton.
The message was muddled, Balber said, when it was passed like a game of telephone from Veselnitskaya through the Agalarovs to Goldstone.

Balber also suggested that Goldstone “probably exaggerated and maybe willfully contorted the facts for the purpose of making the meeting interesting to the Trump people.”

Goldstone declined to comment for this story.

“The documents and what she told me are consistent with my client’s understanding of the purpose of the meeting which was from the beginning and at all times thereafter about her efforts to launch a legislative review of the Magnitsky Act,” Balber said.

October 18: Chuck Grassley sends a long list of questions to Veselnitskaya, demanding a response to schedule a transcribed, non-public interview, by October 20. Incidentally, I find this to be the most curious of the questions.

Did Mr. Goldstone or anyone else discuss a proposal regarding Vkontakte (VK) during the June 9, 2016 meeting?

October 19: In remarks in Sochi, amid a complaint about Magnitsky sanctions, Putin tells listeners to look at American sources for details of Ziff political contributions, closely mirroring the talking points now claimed to derived from Veselnitskaya.

What do I think about what you have just said, about Canada joining or wanting to join, or about somebody else wanting to do it? These are all some very unconstructive political games over things, which are in essence not what they look like, to be treated in such a way or to fuss about so much. What lies underneath these events? Underneath are the criminal activities of an entire gang led by one particular man, I believe Browder is his name, who lived in the Russian Federation for ten years as a tourist and conducted activities, which were on the verge of being illegal, by buying Russian company stock without any right to do so, not being a Russian resident, and by moving tens and hundreds of millions of dollars out of the country and hence avoiding any taxes not only here but in the United States as well.

According to open sources, I mean American open sources, please look up Ziff Brothers, the company Mr Browder was connected with, which has been sponsoring the Democratic Party and, substantially less, the Republican Party during recent years. I think the latest transfer, in the open sources I mean, was $1,200,000 for the Democratic Party. This is how they protect themselves.

In Russia, Mr Browder was sentenced in his absence to 9 years in prison for his scam. However, no one is working on it. Our prosecution has already turned to the appropriate US agencies such as the Department of Justice and the Office of the Attorney General for certain information so we can work together on this. However, there is simply no response. This is just used to blow up more anti-Russian hysteria. Nobody wants to look into the matter, into what is actually beneath it. At the bottom of it, as usual, is crime, deception and theft.

October 27: Stories that note Veselnitskaya crafted the talking points on Browder and Ziff, which were then picked up by Russia’s prosecutor general Yuri Chaika, are used to suggest that that means Veselnitskaya got the talking points she wrote from Chaika. In conjunction, several iterations of the talking points are released (but not the ones she originally wrote). Also, Balber again weighs in to distance Agalarov.

Donald Trump Jr. has dismissed Mr. Goldstone’s emails as “goosed-up.” Mr. Balber blamed miscommunication among those arranging the meeting. “Mr. Agalarov unequivocally, absolutely, never spoke to Mr. Chaika or his office about these issues,” he said.

October 30: George Papadopoulos plea makes it clear that that Papadopoulos originally lied to the FBI to hide two things: 1) attempts in the weeks and months after March 31, 2016 to set up meetings with Russians, and 2) knowledge that Russians had dirt on Hillary Clinton in the form of thousands of emails. On the same day, Paul Manafort is indicted, raising the possibility he’ll flip on Trump. Also on same day, government informs SDNY that Prevezon has not paid its fine from May settlement, and asks for the case to be reopened.

October 31: Quinn Emanuel, representing Prevezon, asks that Veselnitskaya be given immigration parole for hearing.

November 2: Government objects to Prevezon request for immigration parole for Vesenitskaya, reiterating in the process they had objected to her entry in 2016, but that she got immigration parole in any case, which she used to attend the June 9 meeting.

The Government, however, has previously refused to extend immigration parole to Katsyv and Veselnitskaya during time periods when they were not to be witnesses. In particular, in the spring of 2016, then-counsel for Prevezon asked the Government to consent to parole for Katsyv and Veselnitskaya to prepare for and attend oral arguments in the Second Circuit on Hermitage’s motion to disqualify Prevezon’s counsel. Because there was no testimony to be given at a Second Circuit oral argument, the Government refused to grant parole to Katsyv or Veselnitskaya for that period. See Ex. A (March 9, 2016 letter to John Moscow).1

Subsequently, according to public news reports, Veselnitskaya obtained a visa from the State Department allowing her to enter the United States to attend the oral argument on June 9, 2016, a day on which she also reportedly engaged in a meeting with representatives of the Trump presidential campaign. See Brook Singman, Mystery Solved? Timeline Shows How RussianLawyer Got into U.S. for Trump Jr. Meeting, Fox News (July 14, 2017), available at http://www.foxnews.com/politics/2017/07/14/mystery-solved-timeline-shows-how-russianlawyer-got-into-us-for-trump-jr-meeting.html. This Office had no involvement in the granting of that visa and has no knowledge of whether Veselnitskaya has attempted to obtain another such visa to enter the country for these proceedings.

[snip]

If a testimonial hearing is ultimately required, and if it features Veselnitskaya or Katsyv as witnesses, the Government can revisit its parole determination at that time.2

2 The Government may not, however, again admit Veselnitskaya into the country to assist in witness preparation if she is not herself a witness. Although the Government did so previously, Veselnitskaya’s reported meeting with presidential campaign officials in June of 2016 (of which this Office was not aware prior to its public reporting) or other factors may alter this assessment. In any event, it is premature to reach this issue where no testimonial hearing is currently scheduled, and none is likely ever to be scheduled.

November 3: Judge Pauley denies Prevezon’s bid for immigration parole for Veselnitskaya.

November 6: Bloomberg story for the first time says Don Jr said he might consider lifting Magnitsky sanctions. It also repeats Veselnitskaya’s promise to answer SJC questions if her answers can be made public.

Senator Chuck Grassley, an Iowa Republican who chairs the Senate Judiciary Committee, has sent her more than 90 questions concerning the meeting, asking whether she knows Putin, Manafort and Kushner, and requesting information about Russian hacking and interference, she said. “That I definitely don’t have!” the lawyer said. “I made up my mind a long time ago: My testimony must be honest, full and public.”

Taylor Foy, a Grassley spokesman, said, “We are encouraged that she is planning to cooperate and look forward to receiving the information.” He wouldn’t comment on whether the committee would comply with her request to make her answers public.

November 10-11: Trump and Putin will meet in Danang, Vietnam, purportedly to talk about North Korea.

This feels like a limited hangout

All of which is to say that the efforts of the last month feel like a limited hangout — an attempt to avoid potentially more damaging revelations with new admissions about Magnitsky. That’s not to say the Magnitsky discussion didn’t happen. It’s to say the potential admissions — down to Veselnitskaya’s claim that, “I definitely don’t have!” information on Russian hacking and interference — have gotten far more damaging since when, in July, she claimed the election didn’t come up.

At the very least, it seems the players — particularly the Trump sponsor Agalarovs  are concerned about what Rob Goldstone has had to say to whatever investigative body — and are now trying to cement a different more damning one, yet one that still stops short of what they might admit to.

In either case, another thing seems clear: Veselnitskaya attempted to come to the country, using the same method she did when she actually used her presence to pitch Don Jr. After that meeting was denied, Trump went from suggesting he might meet with Putin to confirming that he plans to.

Manafort’s Lawyers Will Challenge the Legitimacy of Prosecuting the Ukrainian Money Laundering

Over the weekend, I did a Twitter thread on the fun stuff in the latest filing from Paul Manafort’s lawyers asking (among other things) that he be let off his GPS monitor. Now that others are reviewing the filing, I’m seeing lots of people miss a key part of what his lawyers are doing.

As I noted, in a footnote, Manafort’s lawyers point out that the crimes he has been charged with all pre-date the election.

Of note, his work on behalf of the Ukrainian clients ended around two years before Mr. Manafort agreed to work as the campaign manager for then-candidate Donald Trump.

It’s a point they’ve made before. But it has been misunderstood as a bogus point.

It’s not. Here’s how the defense has said they’re going to defend against this indictment.

At this time, the defense anticipates that pretrial motions will be filed concerning the legal basis for and sufficiency of the charges, the suppression of evidence improperly obtained by search warrant, subpoena or otherwise (including the application of exceptions to common law privileges), as well as motions in limine based on discovery to be provided by the Government in preparation for trial.

To some degree, this is part of a challenge the defense will make to the charging of FARA crimes generally. As they rightly point out, that simply hasn’t gotten prosecuted.

The Government’s case also concerns whether Mr. Manafort was required to file a report as a foreign agent with the U.S. Department of Justice. The U.S. Department of Justice has only brought six criminal FARA prosecutions since 1966 and it has secured only one conviction during this period. It is far from clear what activity triggers a requirement to file a report as a foreign agent. In order to conceal this weakness in the Indictment, a façade of money laundering has been put forth using a tenuous legal theory. When the money laundering count is peeled back from the Indictment, the forecasted sentencing guidelines are reduced substantially to a fraction of those claimed by the Office of Special Counsel.

What they’re ignoring is that the FARA charges are tied to both the money laundering they want to dismiss (Weekly Standard quotes people saying “it doesn’t make sense” to have spent $1M on rugs in Alexandria) and to false statements charges that (as DOJ keeps pointing out) have already been validated in the process of getting Manafort’s lawyer to waive privilege to explain how she was lied to.

But it also suggests they’re going to go after not only the no-knock warrant from this summer (which obtained information proving that Manafort and Gates keep records longer than the six months they have claimed to DOJ in the past), but also other subpoenas and the legal basis for the changes. That is, it suggests they’re going to challenge Mueller’s authority for investigating these old crimes which, public reporting made clear, long preceded the authorization of the Special Counsel. The legitimacy of the new evidence collection and charges depends on the legitimacy of the exercise of the Special Counsel authority, which is in turn based on,

(i) any links and/or coordination bet ween the Russian government and individuals associated with the campaign of President Donald Trump; and

(ii) any matters that arose or may arise directly from the investigation;

(iii) any other matters within the scope of 28 C.F.R. § 600.4(a).

The entire point of noting that the crimes charged here predate the election is to lay the groundwork for legal challenges. Manafort’s lawyers are laying groundwork to claim that these charges 1) don’t pertain to coordination on the election and 2) can’t say to have arisen out of them, because they predated them. Again, that ignores that the 28 CFR §600.4(a) permits Mueller to investigate, “intent to interfere with, the Special Counsel’s investigation, such as perjury, obstruction of justice, destruction of evidence, and intimidation of witnesses,” which Manafort’s false statements about the FARA registration might certainly be construed as.

Now, to be clear, I don’t think such a challenge will succeed (in part because of those false statements charges, which are dated to November 23, 2016 and February 10, 2017; the conspiracy to defraud the US also continues through 2017 and in part because Acting Attorney General Rod Rosenstein approved the charges). I also think this Politico piece, which talks about such legal threats, overstates the legal danger of such a challenge (in part because it cites all number of Republican lawyers, including Trump lawyer Jay Sekulow, who are being teed up to bitch about the legitimacy publicly).

But I do think it’s a legitimate tactic, one that will serve Manafort’s defense, even outside the world of the Sukulow spin.

First, the charges as laid out are designed to steer clear of the election related stuff so Mueller can get Manafort to flip and testify on those without laying out what he already knows. They’re also designed to parallel similar charges in NY that can be charged if Trump pardons Manafort. By challenging the legitimacy of the tie between the Ukraine consulting and the election, Manafort may force Mueller to show more of his hand, notably to include why he believes the lies Manafort told last November and in February are part of the election cover-up (I can easily imagine how Mueller would explain it, but imagine he doesn’t want to do so, yet). Alternately, to substantiate the ties, Mueller may choose to issue a superseding indictment, tying the Ukraine work more closely to the election stuff, but I suspect he doesn’t want to do that, yet.

Also, to the extent that the challenge gets litigated now rather than on appeal (when it will definitely get litigated, if this goes to trial), Manafort may test the guidelines for something the President very much wants to test: whether Mueller can prosecute old business corruption (that in the case of both men happens to implicate compromise by the Russians). Manafort will be taking logical steps for his own defense, but also doing the work of the man who ultimately holds Manafort’s ticket to freedom.

Finally, there is the entire point of propaganda. So long as Trump can claim that nothing substantial has been charged against his campaign, both by noting (as he has, repeatedly) that Manafort’s charges are unrelated to the election and George Papadopoulos is some random coffee boy, Republicans and Trump supporters will have more space to support him. Once that changes — and the moment that changes will be one of the most fraught legal moments in this case — things may get a lot harder for Trump.

But for now, Manafort is helping the PR case along, and will continue to to the extent that his lawyers continue to argue that the crimes ended well before the campaign.

Update: As Josh Gerstein notes in his story on the government’s latest filing, Manafort and the government are actually disputing how long his work in Ukraine lasted:

The parties do dispute one minor factual point: Manafort claims that his work in the Ukraine ended in 2014, ECF#32 at 3, while the indictment alleges his continued work through 2015 on behalf of the Opposition Bloc, after the flight to Russia of President Victor Yanukovych. Indictment ¶ 1.

I have a feeling that discrepancy could end up less minor than suggested.

Mueller Has Enough Prosecutors to Continue Walking and Chewing Gum While We’ve Been Watching Manafort

NBC has a clickbait story reporting that Robert Mueller has enough evidence to indict Michael Flynn that — by describing that Mueller is still interviewing witnesses about Flynn’s lobbying — undermines its headline.

Mueller is applying renewed pressure on Flynn following his indictment of Trump campaign chairman Paul Manafort, three sources familiar with the investigation told NBC News.

The investigators are speaking to multiple witnesses in coming days to gain more information surrounding Flynn’s lobbying work, including whether he laundered money or lied to federal agents about his overseas contacts, according to three sources familiar with the investigation.

Remember: on high profile investigations like this, interested parties sometimes try to force a prosecutor’s hand by leaking stuff like this (we should also expect people to leak to the press to create pressure for pardons), and in this case the leaking is exacerbated because of the multiple congressional investigations.

Moreover, there’s good reason to doubt the notion that Mueller is moving from target to target sequentially, which some have interpreted the description of Mueller “renewing” pressure on Flynn to suggest. Remember: Mueller has 15 prosecutors, every one of whom is capable of leading this kind of investigation themselves. And there’s at least a hint that Mueller has separate teams working on separate parts of the investigation.

Consider this detail from the motion to unseal the Manafort docket. The motion specifically asked for the whole thing to be unsealed except for this redaction at the top of the indictment itself.

[T]he government respectfully moves for an order unsealing the docket, with the exception of the original indictment, which contains, at the top, administrative information relating to the Special Counsel’s Office.

There are a lot of things that the redaction might hide. One of those is some kind of marking that indicates the organization of the investigation, one which would disclose investigative strategy if it were disclosed now, but would be really useful for historians if it were unsealed after whatever happens happens.

Couple that with the fact that there is no overlap between the prosecutors appearing thus far in the Manafort docket, who are:

  • Andrew Weismann
  • Greg Andres
  • Kyle Freeny

Adam Jed, an appellate specialist, has appeared with these lawyers in grand jury appearances.

And the prosecutors appearing in the Papadopoulos docket, who are:

  • Jeannie Rhee
  • Andrew Goldstein
  • Aaron Zelinsky

It would make sense that the teams would be focused on different parts of the investigation. After all, Mueller has drawn on a fair range of expertise, which I laid out here (see this article for Carrie Johnson’s description of where these folks are on loan from); if I were to do this over, I’d add a special category for money laundering:

  1. Mob specialists: Andrew Weissman and [Lisa Page *] are mob prosecutors.
  2. Fraud specialists: Weissman and Rush Atkinson are also fraud prosecutors.
  3. Corporate crime specialists: Weissman also led the Enron Task force. One of Dreeben’s key SCOTUS wins pertained to corporate crime. Jeannie Rhee has also worked on white collar defense. [Kyle Freeny, who was the last attorney to join the team, is a money laundering expert.]
  4. Public corruption specialists: Mueller hired someone with Watergate experience, James Quarles. And Andrew Goldstein got good press in SDNY for prosecuting corrupt politicians (even if Sheldon Silver’s prosecution has since been overturned).
  5. International experts: Zainab Ahmad, who worked terrorism cases in EDNY, which has some of the most expansive precedents for charging foreigners flown into JFK (including Russia’s darling Viktor Bout), knows how to bring foreigners to the US and successfully prosecute them in this country. Aaron Zelinsky has also worked in international law. Elizabeth Prelogar did a Fulbright in Russia and reportedly speaks it fluently. And, as noted, [Greg] Andres has worked on foreign bribery
  6. Cyber and spying lawyers: Brandon Van Grack is the guy who had been leading the investigation into Mike Flynn; he’s got a range of National Security experience. Aaron Zebley, Mueller’s former chief of staff at FBI, also has that kind of NSD experience.
  7. Appellate specialists: With Michael Dreeben, Mueller already has someone on the team who can win any appellate challenges; Adam Jed and Elizabeth Prelogar are also appellate specialists. Mueller’s hires also include former clerks for a number of SCOTUS justices, which always helps out if things get that far.

In other words, the team that has thus far been involved in the Manafort prosecution have experience prosecuting corporate crime and money laundering, as well as flipping people. The team that has thus far handled Papadopoulos includes Goldstein, a top public corruption prosecutor (who curiously would have had visibility into Manafort related prosecutions in SDNY), Zelinsky, who has both mob and international law expertise, and Jeannie Rhee whose relevant experience includes time in Congress, prosecuting national security related conspiracies, and cybersecurity investigations. The experience of the latter team, in particular, suggests where they might be headed, probably including people in or recently in government, but Rhee’s ties to leaks and cybersecurity might suggest the emails are a bigger part of that investigation than most people have noticed.

Notably absent from these two teams is Brandon Van Grack, who started the prosecution of Mike Flynn and presumably has remained focused on that. So there’s no reason to believe Van Grack would have to renew pressure, aside from pointing to the example of Manafort to prove the seriousness of this investigation, because he probably has just kept up the pressure as we’ve been distracted.

Also of note: we’re still not seeing all the mob and international expertise on Mueller’s team.

All of which is to say we’ve only seen the involvement of at most 7 out of the 15 lawyers on Mueller’s team. I’m sure the remaining 8 haven’t been sitting idle while we’ve all been focusing on Manafort and Papadopoulos.

Update: Because it’s related, I’ll remind that in Papadopoulos’ plea deal, Zelinsky said they wanted to sustain the prohibition on FOIA because,

in the process of his ongoing efforts to cooperate, the Government has shared substantial information with the Defendant that has provided a road map of sorts, to information that might be sought on FOIA. And it will chill the Government’s ability to continue to have the Defendant cooperate if the information that’s being provided by the Defendant and the continued efforts to jog his memory are then used to create a road map to the ongoing investigation.

Update: When this post was first posted I accidentally swapped Weissman for Goldstein in one reference. My apologies.

*Update: As Peredonov notes below, Page left the SCO after I wrote the underlying post. I’ve marked it in the quote and adjusted numbers accordingly.

JD Gordon Says Any Investigators He’s Been Speaking with, He’s Been Honest

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On Monday, I noted that the George Papadopoulos plea deal presented a big problem for Jeff Sessions, as Papadopoulos’ description of a March 31, 2016 meeting made it clear Sessions did know of people reaching out to Russia, contrary to what he has repeatedly stated in sworn testimony. As others caught up to that reporting, and as the Senators that Sessions lied to started pressuring him to fix his past stories, Sessions’ surrogates started pushing back.

At first, that came in the form of anonymous claims that Sessions shot down the idea of setting up a meeting with the Russians. As the week progressed (and as I bitched on Twitter that there was no reason to give anonymity to people who were trying to clear up Sessions’ perjury for him), Trump campaign advisor JD Gordon started going on the record saying the very same things that had previously been said anonymously — sometimes in unmarked updates of the very same articles.

“He went into the pitch right away,” said J. D. Gordon, a campaign adviser who attended the meeting. “He said he had a friend in London, the Russian ambassador, who could help set up a meeting with Putin.”

Mr. Trump listened with interest. Mr. Sessions vehemently opposed the idea, Mr. Gordon recalled. “And he said that no one should talk about it,” because Mr. Sessions thought it was a bad idea that he did not want associated with the campaign, he said.

For the purposes of the Russian inquiry, Gordon is the guy who changed the plank of the Republican platform to be less aggressive towards Russia (one part of the scandal that — as I have written — I think Democrats have overblown).

But longterm readers of this blog may remember that JD Gordon is the guy who, as a press officer covering Gitmo, trumped up a sexual harassment claim against Carol Rosenberg out of her tendency to swear, at him. At one point, Gordon claimed that, “I’ve been abused worse than the detainees have been abused;” at another he accused Rosenberg of “use of profanity that would make even Helen Thomas blush.”

In other words, Gordon has a history of ginning up false claims to try to shut down reporting.

Given Gordon’s rush to explain away the implications of the Papadopoulos plea, I’d like to focus closely on what Sky News bills as an Exclusive interview (for some reason placed with an overseas Murdoch outlet rather than one which might attract more attention here in the states) with Gordon explaining the meeting.

In addition to making the now-familiar claim that Sessions (Gordon’s boss on the campaign) shot down Papadopoulos’ offer to broker a meeting with Putin, Gordon makes a number of other remarkable claims. First, he suggests that, rather than severing any relationship with Papadopoulos (presumably because they were so opposed to the idea of chumming up to Russia), the Trump presidential campaign instead decided to appease a 30-year old nobody so he didn’t embarrass the campaign.

Mr Gordon described Mr Papadopoulos as a “peripheral figure” but someone who “they wanted to appease and not upset, at the same time as reining him in so that he doesn’t embarrass the campaign.”

The only reason you’d have to keep Papadopoulos around and appeased is if he had information that could compromise the campaign. You know, the kind of information he spent 2 months secretly sharing with the FBI?

Gordon then claimed that the reported continued conversations between Papadopoulos and campaign officials about meetings with Russia amounted to Papadopoulos going behind his and Sessions’ backs.

Mr Gordon said he was in a paid role and more senior to Mr Papadopoulos, but claims the 30-year-old advisor went behind his back.

He told Sky News: “I was very surprised that we’re still hearing about it today, because I had no idea that George was going around me, and going around Senator Sessions – his actual chain of command – to pitch this idea to others on the campaign who maybe weren’t there that day, or maybe weren’t paying attention to others.”

Gordon knows nothing and neither does Sessions, I guess.

Gordon then claims that he can’t say about Trump what the stories in which an anonymous source who has said all the same things Gordon has on the record in this interview because he has a Non-Disclosure Agreement.

Mr Gordon said he could not discuss what Mr Trump said when the Russian meeting was raised because of a non-disclosure agreement, but added that the President certainly did not say “yes” to the idea.

Next, Gordon claims to have no idea why Papadopoulos would lie about setting up a meeting because that, in and of itself, wouldn’t have been illegal.

“Which is why it’s such a mystery why George Papadopoulos… would lie to the FBI about his meetings with Russians when they weren’t illegal.

“Maybe a bit shady, but they weren’t illegal.”

Curiously, Gordon doesn’t mention that Papadopoulos’ interlocutors have all the markings of Russian handlers. Nor does he mention that Papadopoulos also lied to hide whether and what he told the campaign about the “dirt” that had been floated, in the form of thousands of Hillary emails. Based on this remarkably incomplete representation of the substance of Papadopoulos’ plea, Gordon insists that allegations Trump cozied up to Russians for help getting elected in exchange for the softening of policies against Russia are a great big hoax.

Mr Gordon described the notion of the Trump campaign colluding with Russia in the 2016 US election as “the biggest hoax in history”.

He said: “There is a lot of smoke and mirrors. The smoke you see is people lighting Trump associates on fire, trying to make a story.”

He blames Hope Hicks, who will soon but has not yet testified to the grand jury, for making the campaign’s discussions with “lots” of Russians look nefarious.

He alleged that Mr Trump’s former press secretary and now White House head of communications, Hope Hicks, had made the situation worse by making unequivocal statements suggesting the campaign had not spoken to Russians when they had.

He claimed the campaign spoke to lots of Russians “but there was nothing nefarious.”

In other words, the guy who claimed a woman who swears sexually harassed him in an effort to shut down a super reporter tells a partial story in an attempt to claim there’s no there there, and blames another woman in the process. Fuck. The same guy claims these meetings and conversations were set up behind his back but admits he knows there were lots of them.

Here’s the part I find most interesting about Gordon’s remarkable interview, though. He dodges when asked whether he has testified or cooperated or what, though makes it clear he has been speaking with investigators.

When asked about whether he was co-operating with the FBI or special counsel Robert Mueller, he said: “I can just say that any investigators that I’ve been speaking with, clearly I’ve been truthful… there’s nothing to hide.

As I noted on Monday — in observing Victoria Toensing’s failed efforts to make Sam Clovis’ testimony to the grand jury look innocuous in advance of his now withdrawn confirmation for a USDA position — and described further to On the Media this week, from this point forward, we should expect those who have been interviewed by the FBI or grand jury to use the press to telegraph what they’ve said, so others can coordinate that story (though usually they do so through hack lawyers like Toensing, not directly). It’s a legal way to compare notes.

I’ve also noted that, at least as of October 18, Jeff Sessions was dodging bizarrely about whether he had been formally asked for an interview. Mind you, that was over two weeks ago, so who knows what has transpired since?

Ah well, if Sessions hasn’t testified yet, he now knows what Gordon told the authorities.

Because I do take Gordon’s comments to be confirmation that he has spoken with the authorities.

Which is interesting given this detail from the affidavit the FBI wrote a month ago explaining why they wanted to seal any notice of Papadopoulos’ plea deal.

The investigation is ongoing and includes pursuing leads from information provided by and related to the defendant regarding communications he had, inter alia, with certain other individuals associated with the campaign. The government will very shortly seek, among other investigative steps, to interview certain individuals who may have knowledge of contacts between Russian nationals (or Russia-connected foreign nationals) and the campaign, including the contacts between the defendant and foreign nationals set forth in the Statement of Offense incorporated into the defendants plea agreement.

If it wasn’t already obvious from the Sam Clovis grand jury timing, the Special Counsel hid the plea from those who might have their own stories to tell about “contacts between Russian nationals (or Russia-connected foreign nationals) and the campaign,” which Gordon admits (while pretending such efforts happened behind his and Sessions’ backs) were numerous, because they planned to “very shortly seek” to lock in those claimed stories.

And those who, like Clovis, appear to have told stories that deviated from the one Papadopoulous told may now be in the same kind of legal pickle that Papadopoulos found himself on July 27, when confronted with evidence that he had lied.

The question is whether JD Gordon is finding himself in the same kind of pickle based on post-Papadopoulos testimony that Clovis appears to be, or whether he just wants Jeff Sessions to know what story he told.

Senate Judiciary Committee Chair Chuck Grassley Has Spent the Week Cowering from His Party’s Legal Problems

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Of all the Republicans responding their President’s increasing legal woes, Chuck Grassley — the Chair of the Judiciary Committee — has had the most appalling week.

On Monday (even before news of the George Papadopoulos plea broke), when reporters started asking about Paul Manafort’s indictment, Grassley used some American flags as cover to hide his escape.

On Wednesday, after it became clear that Papadopoulos told the FBI Grassley’s fellow Iowan, Sam Clovis, had prioritized chumming up to Russia on the campaign generally, and encouraged Papadopoulos to set up meetings with the Russians as late as August 2016 (two months after it was public they had hacked the DNC), the Senate Judiciary Committee Chair said the allegations would not be an issue in Clovis’ confirmation to US Department of Agriculture.

Grassley said he has reviewed emails provided by the Trump campaign that include a fuller account of Clovis’ interactions with Papadopoulos. According to those 80-some emails, Grassley said, Clovis does not appear to encourage any travel to meet with Russian officials.

“There’s an entirely different context than what was reported about Clovis and his relationship to this George P.,” Grassley told reporters.

The emails he reviewed cannot be released publicly, Grassley said, although some of them have been referenced in published newspaper accounts and are referred to in the court document from the Papadopoulos case.

When asked if he believes Clovis could face legal consequences over his role in the campaign, Grassley answered that it was “too early for me to say that.”

“But,” he went on, “reading these emails … that’s not an issue.”

Grassley was still prepared to introduce Clovis at his then planned confirmation hearing, even after the allegations.

Even the White House seems to disagree with Grassley’s assessment that these allegations are “not an issue” though, because Clovis has since withdrawn from consideration.

And then later on Wednesday, several days after I first showed that the Papadopoulos plea showed that Jeff Sessions had perjured himself yet again in Senate testimony, Chuck Grassley was still unsure whether he’d even call on the Attorney General to explain his serial lies before his committee.

Senate Judiciary Chairman Chuck Grassley said Thursday he was still learning all the details about the Papadopoulos matter.
Asked if Sessions should amend his testimony before his committee, Grassley told CNN: “I’m looking into it.”

I’ve long defended Grassley’s legitimate questions about the investigation — most notably questions about the Steele dossier. But all week the senior Republican overseer of the Justice Department has been cowering from the clear implications of this scandal. Perhaps it’s because Grassley has a duty, here, to ensure the integrity of a department led by a serial perjurer, he has instead been hiding and dodging.

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