How Did Don McGahn Threaten to Quit without Telling Trump?

There’s something funny about the story — first broken by NYT tonight, then confirmed by WaPo — that Trump wanted to fire Robert Mueller last June but backed off after White House Counsel Don McGahn threatened to quit.

Oh sure, the NYT version has all the trappings of the classic principled stand. McGahn threatened to quit which led Trump to back down.

After receiving the president’s order to fire Mr. Mueller, the White House counsel, Donald F. McGahn II, refused to ask the Justice Department to dismiss the special counsel, saying he would quit instead, the people said.

But the WaPo lays out something that’s only hinted at in the NYT version: McGahn never told Trump himself he was going to quit.

McGahn did not deliver his resignation threat directly to Trump, but was serious about his threat to leave, according to a person familiar with the episode.

[snip]

Trump decided to assert that Mueller had unacceptable conflicts of interest and moved to remove him from his position, according to the people familiar with internal conversations.

In response, McGahn said he would not be at the White House if Trump went through with the move, according to a senior administration official.

Described that way, it sounds more like McGahn wasn’t going to take yet another action that exposed him, personally, to obstruction charges. After all, McGahn had already nudged close to that line on several occasions, though it’s not something foregrounded in either of these stories.

While the NYT admits that McGahn was just months off of trying to persuade Jeff Sessions to ignore DOJ ethics advice and not recuse, it doesn’t mention that McGahn helped orchestrate getting Jeff Sessions and Rod Rosenstein to provide cover for a Jim Comey firing that he knew, because he had insisted Trump rewrite his firing letter, was ultimately an effort to end the Russian investigation.

The other funny thing about both these stories is how they obscure one of the known sources of tension that led to John Dowd replacing Marc Kasowitz. Both stories describe Kasowitz’ efforts to discredit Mueller to make claims of partisanship — an effort that continues today, albeit largely though not entirely outsourced to the more venal Republican members of the House.

Around the time Mr. Trump wanted to fire Mr. Mueller, the president’s legal team, led then by his longtime personal lawyer in New York, Marc E. Kasowitz, was taking an adversarial approach to the Russia investigation. The president’s lawyers were digging into potential conflict-of-interest issues for Mr. Mueller and his team, according to current and former White House officials, and news media reports revealed that several of Mr. Mueller’s prosecutors had donated to Democrats.

But it doesn’t explain what Michael Wolff, at least, reports to be the precipitating cause of Kasowitz and Mark Corallo’s departure: their own concern that Trump’s July 7, 2017 lies about the June 9, 2016 meeting itself amounted to obstruction of justice.

An aggrieved, unyielding, and threatening president dominated the discussion, pushing into line his daughter and her husband, Hicks, and Raffel. Kasowitz—the lawyer whose specific job was to keep Trump at arm’s length from Russian-related matters—was kept on hold on the phone for an hour and then not put through. The president insisted that the meeting in Trump Tower was purely and simply about Russian adoption policy. That’s what was discussed, period. Period. Even though it was likely, if not certain, that the Times had the incriminating email chain—in fact, it was quite possible that Jared and Ivanka and the lawyers knew the Times had this email chain—the president ordered that no one should let on to the more problematic discussion about Hillary Clinton.

[snip]

In Washington, Kasowitz and the legal team’s spokesperson, Mark Corallo, weren’t informed of either the Times article or the plan for how to respond to it until Don Jr.’s initial statement went out just before the story broke that Saturday.

[snip]

Mark Corallo was instructed not to speak to the press, indeed not to even answer his phone. Later that week, Corallo, seeing no good outcome—and privately confiding that he believed the meeting on Air Force One represented a likely obstruction of justice—quit.

If this story is correct, then it wasn’t, just, the plan to attack Mueller that caused the break (and as I said, that plan has just been outsourced to people protected by Speech and Debate clause protections). Rather, it was also a subsequent incident of clear obstruction, one done in the wake of a meeting with Vladimir Putin.

Where was McGahn the principled attorney threatening to quit rather than permit obstruction to occur for that?

Several things may be contributing to the nonsensical parts of these stories. First, it may be that a number of these people are at some risk of obstruction charges themselves. To the extent they’re all trying to spin their activities in the best light (assisted, in McGahn’s case, because he shares a lawyer with Reince Priebus and Steve Bannon), they may have to blame others for their actions.

Add in the fact that some of this testimony might be surprising to others. While McGahn, with John Dowd and Ty Cobb, presumably has the most knowledge, it’s possible he didn’t know about Sessions’ testimony (and Sessions reportedly didn’t share details of his testimony with Trump).

So I don’t know what the truth is.

I do know, however, that threatening to quit but not telling Trump about it is a funny way of changing his behavior.

Update: The CNN confirmation of this emphasizes, like the WaPo does, that McGahn didn’t threaten to quit directly. It also quotes Anthony Scaramucci saying that the attempt to fire doesn’t matter because Trump backed off the decision — so it may be that’s how the leakers (all represented by the same lawyer, William Burck — spun this).

Also consider the possibility that NewsMax CEO Chris Ruddy, who is a Mike Schmidt source and who floated Trump’s plan to fire Mueller contemporaneously as a way of trying to get him to back down, is a key source for this. It may mean that Ruddy’s stance, far more than McGahn’s, is what led Trump to back down.

The Politico version of this emphasizes Ruddy’s June stance.

In mid-June, Chris Ruddy, a close Trump friend and Mar-a-Lago member, said after a visit to the White House that he’d overheard discussion about the president considering firing Mueller.

“It could trigger something well beyond anything they ever imagined,” he told POLITICO at the time. Later that day, Ruddy told PBS NewsHour anchor Judy Woodruff that Trump was “considering perhaps terminating the special counsel.”

Ruddy added during the interview he thought it would be “a very significant mistake” to oust Mueller. He noted Mueller had interviewed with Trump to succeed Comey as FBI director, though the president later went on to appoint former Justice Department official Chris Wray to the job.

Mueller should invite Ruddy in for a chat.

Politico also quotes an attorney representing someone else suggesting that it reflects an all-man-for-himself attitude among Trump’s associates.

“It’s one more brick in the wall,” said a Washington lawyer representing another senior Trump aide in the Russia probe who added that the most interesting aspect of the Trump-Mueller story to him was that “people are leaking this shit.”

“That is a sign to me people perceive this ship has sprung a leak and it’s time to make themselves look good,” the attorney said. “To some extent I think the fact of the leaking is almost the most significant, that we’ve reached an inflection point where people at the center of things feel the need to redeem themselves at the expense of the president.”

I do think the leaking of this is significant — and may have as much to do with news of Bannon or Sessions’ testimony as anything else — but given that at least two of the people involved here (McGahn and Reince Priebus) share a lawyer, it may only represent that particular lifeboat abandoning ship.

Update: The updated WaPo version of this makes it clear that Reince Priebus and Steven Bannon were both in the loop on this.

Trump’s ire at Mueller rose to such a level that then-White House strategist Stephen K. Bannon and then-Chief of Staff Reince Priebus grew “incredibly concerned” that he was going to fire Mueller and sought to enlist others to intervene with the president, according to a Trump adviser who requested anonymity to describe private conversations.

Both of the men were deeply worried about the possibility and discussed how to keep him from making such a move, this person said.

Priebus and Bannon did not immediately respond to requests for comment.

In one meeting with other advisers, Bannon raised the concern that if Trump fired Mueller it could trigger a challenge to his presidency based on the 25th Amendment, which lays out the process of who succeeds a president in case of incapacitation.

Despite internal objections, Trump decided to assert that Mueller had unacceptable conflicts of interest and moved to remove him from his position, according to the people familiar with the discussions.

In response, McGahn said he would not remain at the White House if Trump went through with the move, according to a senior administration official.

The president, in turn, backed off.

So it seems this leakapalooza stems in part from Burck, the lawyer representing them all.

Update: As this Politico piece (linked by PINC below) notes, McGahn hired Burck in the wake of obstructing justice in the Comey firing, way before Mueller came calling.

So it wasn’t that McGahn took a principled stand in June. It’s that his lawyer told him to stop obstructing justice.

Update: CBS tells what feels like the real story. First, as noted, McGahn’s threat didn’t really make it to Trump. Indeed, the firing wasn’t really even an order. The response was more of an eye roll. And, as predicted, the other people involved were fellow Burck clients Reince Priebus and Steve Bannon.

Two sources directly involved in the deliberations tell CBS News chief White House correspondent Major Garrett that McGahn’s threat was not communicated directly to Mr. Trump, but adjudicated by senior staff, principally then-chief of staff Reince Priebus and then-chief strategist Steve Bannon.

Garrett reports that while Mr. Trump talked about firing Mueller, he never issued a direct “order” to do so in any written form, although he did say he favored it in the presence of senior staff.

[snip]

White House senior staff viewed Mr. Trump’s talk of firing Mueller skeptically, as he frequently mentioned firing people in his administration, but often quickly forgets about it.

In the Mueller instance, as in other potential firing cases, senior staff acknowledged the president with nods, but did not take action, in hopes Mr. Trump would simmer down or forget, sources tell Garrett.

Because of this, discussion of firing Mueller was not acted upon or elevated from the White House to Department of Justice.

Moreover, McGahn’s threat went beyond the Mueller firing to his own compromised position.

McGahn threatened to resign over an accumulation of stresses and frustrations with the president, rather than leaving for issues related to Mueller’s potential firing.

McGahn’s primary stress was being a “no” voice for Mr. Trump.

Suddenly, this looks not so much like McGahn heroically defending the Constitution as McGahn trying to fix a shitty work situation.

The Increasing Panic Surrounding Devin Nunes’ “Extraordinarily Reckless” Plan to Release Memo

I thought I’d chronicle the increasingly senior panic surrounding Devin Nunes’ plan — reportedly backed by Trump — to release the Nunes memo without first letting FBI and DOJ review it. Clearly, there’s concern this will burn underlying sources for the FISA application(s) described in the report. I don’t rule our the belated revelation of something I’ve been hearing for at least six months — that the Dutch passed on intelligence in real time of APT 29 hacking US targets and had an inside view of the operations — isn’t meant as a warning of what will happen if the US further burns the Dutch.

I’m also interested in AAG Stephen Boyd’s emphasis that Nunes delegated his review of these documents to Trey Gowdy, perhaps suggesting both will have some kind of liability for any damage that will result from this game of telephone.

Sunday, January 21: FBI denied a copy of Nunes’ memo.

“The FBI has requested to receive a copy of the memo in order to evaluate the information and take appropriate steps if necessary. To date, the request has been declined,” said Andrew Ames, a spokesperson for the FBI.

Wednesday, January 24: Richard Burr’s Senate Intelligence Committee staffers denied a copy of the memo.

Senate Intelligence Committee Chairman Richard Burr’s staff has not been given access to a classified memo drafted by House Intelligence Committee Chairman Devin Nunes, a sign of how closely House Republicans are guarding allegations of Justice Department wrongdoing over surveillance activities in the Russia investigation.

According to three sources familiar with the matter, Burr’s staff requested a copy of the memo and has been denied, just as the FBI and Justice Department have also been denied reviewing a copy of the document.

Wednesday, January 24: Trump’s Assistant Attorney General for Legislative Affairs Stephen Boyd writes letter noting that releasing memo will violate agreement.

Recent news reports indicate a classified memorandum prepared by House Permanent Select Committee on Intelligence (HPSCI or Committee) staff alleges abuses at the Department of Justice (Department) and the Federal Bureau of Investigation (FBI) in the FISA process. We understand many members of the House of Representatives have views this memorandum and that it has raised concerns.

As you know, we have provided HPSCI with more than 1,000 pages of classified documents relating to the FBI’s relationship, if any, with a source and its reliance, if any, on information provided by that source. Media reports indicate that the Committee’s memorandum contains highly classified material confidentially provided by the Department to the Committee in a secure facility.1

[snip]

In addition, we have also heard that HPSCI is considering making the classified memorandum available to the public and the media, an unprecedented action. We believe it would be extraordinarily reckless for the Committee to disclose such information publicly without giving the Department and the FBI the opportunity to review the memorandum and to advise the HPSCI of the risk of harm to national security and to ongoing investigations that could come from public release. Indeed, we do not understand why the Committee would possibly seek to disclose classified and law enforcement sensitive information without first consulting with the relevant members of the Intelligence Community.

Seeking Committee approval of public release would require HPSCI committee members to vote on a staff-drafted memorandum that purports to be based on classified source materials that neither you nor most of them have seen. Given HPSCI’s important role in overseeing the nation’s intelligence community, you well understand the damaging impact that the release of classified material could have on our national security and our ability to share and receive sensitive information from friendly foreign governments.

[snip]

Additionally, we believe that wider distribution of the classified information presumably contained within your memorandum would represent a significant deviation from the terms of access granted in good faith by the Department, HPSCI, and the Office of Speaker Paul Ryan.

The Department renews its request — as previously made in a personal appeal by the Director of the FBI — for an opportunity to review the memorandum in question so that it may respond to the Committee before any vote on public release.

1 To date, the Department has provided detailed briefings and made available to HPSCI documents requested as part of its investigation into Russian influence in the 2016 election. The terms of access stipulated that review of the documents would be limited to the Chairman or his designee, the Ranking Member or his designee, and two staff members each. (Mr. Gowdy reviewed the documents for the majority. Mr. Schiff reviewed the documents for the minority.) Other committees of jurisdiction — the Senate Select Committee on Intelligence, the Senate Committee on the Judiciary, and the House Committee on the Judiciary — have accepted similar procedural safeguards to protect against improper dissemination of information.

Thursday, January 25: DOJ spox (and close Jeff Sessions ally) Sarah Isgur Flores goes on Fox to argue DOJ should get to look at the memo first,

Let us see it first. At this point, nobody in the Senate or the White House or the Department of Justice or FBI has seen this document, and a number of Congressmen have expressed a lot of concern about it. So we would like to see it. Well, I think we’d certainly want to see any evidence of wrong-doing and take action upon that if there is wrong-doing going on. And then, I think we’d want to discuss, I mean, this is classified material for a reason. It has national security implications. It may have implications for our allies or others in the intelligence community.

Thursday, January 25: Majority Whip and SSCI member John Cornyn says Nunes should let DOJ review the memo.

Cornyn, who has been briefed on Nunes memo, suggests Nunes should listen to DOJ concerns. “We all should pay attention to what the Justice Department’s concerns are, and I’m sure the chairman will. It’s always good when we communicate and consult with one another,” he told me

Thursday, January 25: James Lankford says Nunes should follow “proper declassification procedures.”

Update: First, I fixed the dates.

Second, I wasn’t aware of this statement from Paul Ryan’s spox, sometime in the last day. (h/t Maestro)

A spokesman for Ryan pushed back at the DOJ’s characterization of the negotiations.

“As previously reported, the speaker’s only message to the Department was that it needed to comply with oversight requests and there were no terms set for its compliance,” Doug Andres, the spokesman, said in a statement.

This is fairly breathtaking, as it suggests Ryan (and by association Nunes) are not agreeing to abide by any of the security precautions imposed on the access to highly sensitive case files Nunes obtained.

Why Did Trump Tweet an “In the Ball Park” Accurate Number for Hillary’s Total Staffers on June 9, 2016?

In this post, I showed how the George Papadopoulos filings suggest there was a signaling process that went on during 2016, as he and other staffers sent public signals to the Russians that may have suggested further commitment to a deal of some kind. In this post, I laid out a bunch of circumstantial evidence suggesting that the current, public story about the June 9, 2016 meeting is just a limited hangout, one that hides more damning details about what happened after Natalia Veselnitskaya and Rinat Akhmetshin left the meeting. I also examined the first Guccifer 2.0 documents and noted that, in addition to responding to and debunking the June 14 WaPo story, they might serve well to lay out (arguably, to oversell) the breadth of what the Russians had stolen.

With those details in mind, I want to return to a detail many others have already noted, Donald Trump’s tweet, just 40 minutes after the Trump Tower meeting started, referencing Hillary emails (albeit the ones she deleted off her server, not the still secret stolen ones).

Given that George Papadopoulos seemed to treat other public statements from the campaign (most notably Trump’s April 27 foreign policy speech) as signals to the Russians the campaign was prepared to take the next step, could this tweet be the same? A response, seemingly from the candidate himself, accepting a deal presented in the meeting?

The tweet may have involved one or another of the campaign’s data guys

Mind you, as Pseudonymous in NC noted, the tweet was done on an iPhone — this is the period from before Trump had switched to iPhones — meaning someone else, perhaps either Brad Parscale or Dan Scavino, tweeted it. PINC lays out reasons either one of Trump’s data guys might be of particular interest:

Per the Bloomberg pre-election “bunker” story, Parscale was one of the few with credentials to the boss’s account. Pre-written tweets during events like the debates went through the web client, but my guess is that Scavino and Parscale represent most of the ‘Twitter for iPhone’ tweets in 2016 and early 2017. Some of them are RTing Scavino’s personal account, and Caddy Dan is that kinda guy. Parscale has consistently used an iPhone, including the June 8th photo from the Tower.

Remember that Feinstein is interested in Scavino’s contacts with, er, VKontakte, and that’s before considering Parscale’s data op. Pretty much everything tweeted out during 2016 that relates to the specifics of hacked emails is sent from an iPhone.

And the intermediary for the VK connection was Goldstone, going back to January 2016. It’s interesting that neither Scavino nor Parscale have apparently been called in for chats with investigators, or if they have, we haven’t heard about it.

[snip]

What I’m thinking is that if there was indeed an after-meeting about “dirt in the form of emails”, Scavino or Parscale may have been brought into the room. And Goldstone had been put in touch with Scavino earlier that year.

This story revealing Goldstone’s communications about his role in brokering the VK contact doesn’t support the possibility that one of the data guys was brought into the room. Rather, Goldstone’s emails suggest he discussed the idea with Don Jr and Paul Manafort, presumably on June 9, but that Scavino was not included in the meeting, even though he had been looped in during earlier discussions about it.

The newly disclosed emails show that Goldstone was in contact with the campaign about two weeks after visiting Trump Tower.

“I’m following up on an email [from] a while back of something I had mentioned to Don and Paul Manafort during a meeting recently,” Goldstone wrote to Scavino on June 29. Goldstone wrote that his client, Emin Agalarov, and a “contact” at VK wanted to create a “Vote Trump 2016” promotion.

“At the time, Paul had said he would welcome it, and so I had the VK folks mock up a basic sample page, which I am resending for your approval now,” Goldstone wrote. “It would merely require Mr. Trump to drop in a short message to Russian-American voters or a generic message, depending on your choice, and the page can be up and running very quickly.”

In any case, the discussion about VK is yet another detail that makes it pretty likely Goldstone, at least, arrived early or stayed after Natalia Veselnitskaya and Rinat Akhmetshin left (in the WaPo story on this, Scott Balber denies VK came up at any meeting Ike Kaveladze attended).

One other possibility for who sent that Tweet, though: It would not be surprising if Don Jr had access to Pop’s account. At least recently, he has alternated between an iPhone and the web client to send his own tweets, so it’s possible any tweets he sent on Dad’s behalf would also be from an iPhone.

Where’s Trump get that number, 823? And why’d he use it?

But I’m at least as interested in why Trump (or rather, Scavino or Parscale or Don Jr) used the number “823” in the tweet. In the aftermath of the John Sipher interview Jeremy Scahill did, Sipher suggested to me might be some kind of signal, a code; he’s the pro–maybe he’s right.

But I was wondering whether it might, instead, reflect real-time knowledge of the Hillary campaign’s finances and resources. That is, I wondered whether that number might have, itself, reflected the sharing of some kind of data that could verify the Russians had compromised Hillary’s campaign (or at least researched it substantively enough to know more than the Trump camp did). The public use of the number, then, might serve as a signal that that message, and the inside data, had been received.

While the specific number is difficult to check, I’ve been told the 823 number would have been at least “in the ball park” of the real number of Hillary’s campaign staffers on June 9, 2016.

Politico’s analysis of the Hillary campaign’s May 20 FEC filing showed Hillary had 732 staffers at the time of the report. The day after the June 9 meeting, Philip Bump did a story comparing Hillary and Trump’s staffing (a slew of such stories in the weeks after the June 9 meeting was one reason Corey Lewandowski got replaced as campaign manager), referencing the tweet. But his analysis reflected the month’s long lag in FEC filings. Without doing cleanup (to figure out who got paid that frequently, whether anyone got paid monthly rather than bi-monthly), Clinton’s FEC filings seem to show 587 individual payroll disbursements at her headquarters on June 15, 2016.

I talked to a couple of people on the campaign who remember thinking about the tweet, and its use of the 823 number, in real time. Someone who was working on responding to such issues told me he thought, when the tweet came out, that it might have been just a guess (though now thinks it might come from misreading a report). But another Hillary staffer described taking note of the specific number in real time. That person did about 10 minutes of follow-up at the time, checking real-time FEC filings, and concluded that it might be an accurate number. Between headquarters staff, working (policy) teams, advance, and field staff, the person believes the 823 number could very well represent a close to real number of staffers Hillary had “working” on her campaign.

Of course, none of this would mean the number came from the Russians. Such estimates are done by (competent) political campaigns all the time. So it could have come from Trump’s data people — the same people who could have tweeted the tweet in Trump’s name — itself.

That said, in none of the other Trump tweets using the 30,000 or the 33,000 email number does he include a similarly specific detail — the closest comparison is one invocation of Chelsea’s wedding. Note, too, just one other of those tweets also came from an iPhone — the equally suspicious one on July 27, 2016 asking Russia to release those emails (though one of the others came from the web client).

One more point on the number: That night, at 8:22PM ET, someone on Reddit’s The_Donald thread posted, “Hillary has a staggering 823 staffers on her campaign; Donald Trump  has over 142,000.” Best as I understand it, the comment was almost immediately removed by moderators. I find that worth noting.

On the Sessions and Trump Interviews: It’s Not Just Obstruction of Justice

There are two stories out (in addition to this piece I did for TNR) renewing the frenzy around the Mueller investigation.

First, NYT reveals that Mueller interviewed Jeff Sessions for a few hours last week.

Attorney General Jeff Sessions was questioned for several hours last week by the special counsel’s office as part of the investigation into Russia’s meddling in the election and whether the president obstructed justice since taking office, according to a Justice Department spokeswoman.

Then, WaPo reports that Mueller wants to interview Trump about the Mike Flynn and Jim Comey firings.

Within the past two weeks, the special counsel’s office has indicated to the White House that the two central subjects that investigators wish to discuss with the president are the departures of Flynn and Comey and the events surrounding their firings.

Commenters and the WaPo piece (which cites information that should only be available from a member of Trump’s legal team) suggest these developments mean Trump is looking at obstruction.

Mueller’s interest in the events that led Trump to push out Flynn and Comey indicates that his investigation is intensifying its focus on possible efforts by the president or others to obstruct or blunt the special counsel’s probe.

I’m sure obstruction absolutely is one of the things Mueller is assessing when interviewing Sessions and Trump.

But neither of these interviews, particularly not the Sessions one, is necessarily focused exclusively on obstruction.

Sessions, for example, was in a key early meeting where setting up a meeting between Putin and Trump was discussed (though Sessions claims he opposed the idea). I have noted, for example, how Sessions played dumb when asked whether he had any discussions about emails and that key Sessions aide Stephen Miller is a top candidate to have heard about emails from George Papadopoulos.

[I]t 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.

[Stephen] 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.

And while Trump’s firing of Comey after attempting him to drop the Flynn investigation is a key prong in any obstruction case, his role in Flynn’s non-firing is far more interesting, especially given the likelihood, given Republican efforts to claim privilege, that he was on the Mar-a-Lago side of orders directing Flynn to ask Sergey Kislyak to hold off on a response to Obama’s sanctions. While it’s certainly possible that Mueller may hold off on any examination of Trump’s personal role in any hypothetical quid pro quo with the Russians, there’s plenty of reason to believe Trump was in the loop.

And in early discussions about Sally Yates’ testimony, Adam Schiff had said she might explain why Trump waited so long to fire Mike Flynn after she warned Don McGahn he had been compromised. One obvious reason is that it allowed Flynn, who had helped set up a meeting days later, attend it. That might change the connotation of the timing of the Comey firing, just in time to report back to Russia that the firing had “taken off” the pressure created by the investigation.

President Trump told Russian officials in the Oval Office this month that firing the F.B.I. director, James B. Comey, had relieved “great pressure” on him, according to a document summarizing the meeting.

“I just fired the head of the F.B.I. He was crazy, a real nut job,” Mr. Trump said, according to the document, which was read to The New York Times by an American official. “I faced great pressure because of Russia. That’s taken off.”

Mr. Trump added, “I’m not under investigation.”

It’s crystal clear that Trump fired Comey in an attempt to stave off investigation of Mike Flynn.

But the why behind that obstruction led to the rest of the guts of the Russia investigation. And the why may implicate both Trump (as unindicted co-conspirator) and Sessions (most likely as witness) more directly in any quid pro quo pertaining to the election.

Sergei Millian and the Simpson Testimony

Glenn Simpson’s testimony to the House Intelligence Committee was actually far more informative than that he gave to the Senate Judiciary Committee. I get the feeling we all might have been better served had Simpson released Fusion’s own research on Trump rather than the Steele dossier (and it might have avoided all the drama over the dossier).

I was particularly interested in Simpson’s extended comments about Sergei Millian, who ran a sketchy Russian-American chamber of commerce organization (here’s a David Corn profile that surely is influenced by Fusion), who has been alleged by many outlets (WSJ, ABC, WaPo) to be one (D) or another (E) source for the Steele dossier (note, Steele’s labels for sources in the dossier were not consistent, and other figures must be one or another of those letters in some reports).

Simpson described that his own, unpublished research showed that Millian had ties to the Trump camp going back years, first in conjunction with an effort to help Trump brand vodka under his own name in Russia.

And there was, prior to the 2013 Miss Universe fair, there.was an earlier Trump vodka marketing project in Russia that later became something that we were very interested in.

[snip]

MR. SIMPSON: Well, one of the guys who organized this trip was a guy who’s currently known as Sergi Millian. And he’s been in the press a good bit, I think, although not recently. And, you know, he came up in connection with that, and then he came up in connection with Chris’ work as one of the people around Trump who had a Russian background, and unexplained, you know, a lot of unexplained things. So when we looked at him, we found that he ran a sort of shadowy kind of trade group called the Russian-American Chamber of Commerce, which is — Russians are known to use chambers of commerce and trade groups as fronts for intelligence operations.

And this guy, his name – his real name or his original n_ame that he came to the United States wasn’t Sergi Millian. It was Siarhei Kukuts, and that’s a pretty different name.

And he changed his name when he got to Atlanta. And when we looked at him some more, we found two different resumes for him. In one resume he said he was from Belarus and he went to Minsk State; and then in another he was from Moscow and went to Moscow State. In one he said he worked for the Belarussian Foreign Ministry; in the other, he said he worked for the Russian Foreign Ministry.

He was a linguist, also an interesting thing about his background. And as time went on, yeah, we found other things about him.

Simpson also described Millian dealing Trump condos to Russians.

We found a picture of him with Donald Trump. He boasted to people that he had sold hundreds of millions of dollars in Trump condos, Trump real estate to Russians, that he was some kind of exclusive agent for Trump in Russia and that he organized this trade fair.

That may refer to Millian’s involvement in the Trump Hollywood project. Simpson describes him playing a role that has been alleged of others in Trump’s Soho project — falsely claiming there were more buyers for the project than there really were.

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?

Simpson describes Millian’s role in an NGO that — public reporting had revealed years earlier — had been investigated by the FBI as a recruiting organization.

And then, I guess, last but not least, he, you know – as we became more and more interested in his background and the press started to write stories about him, it came out that he was associated with this Russian friendship entity called Rossotrudnichestvo, and that he was involved in organizing a junket to Moscow for some American businessmen that was the subject of an FBI investigation, because it was a suspected recruiting operation. And the FBI had questioned people who were involved in this trip about whether they were recruited by the Russians when they went to Moscow.

So it was that kind of thing.

Finally, Simpson claims his research established ties between Millian and Trump lawyer Michael Cohen (though it’s not clear whether this involved anything beyond Twitter exchanges) that Cohen subsequently tried to downplay.

And then, you know, as further time went on, we found he was connected to Michael Cohen, the President’s lawyer. And eventually, after boasting about a lot of this stuff on camera, on tape, to the TV network, he backed away from all of it suddenly when the Russia controversy began to get hot.

And Michael Cohen was very adamant that he didn’t actually have a connection to Sergi, even though he was one of only like 100 people who followed Sergi on Twitter. And they — we had Twitter messages back and forth between the two of them just – we just pulled them off of Twitter.

There are two reasons this is interesting.

First, as the NYT noted, in the wake of Trump’s victory, Millian proposed a business deal with George Papadopoulos, with whom he had gotten close in the previous six months.

Mr. Trump’s improbable victory raised Mr. Papadopoulos’s hopes that he might ascend to a top White House job. The election win also prompted a business proposal from Sergei Millian, a naturalized American citizen born in Belarus. After he had contacted Mr. Papadopoulos out of the blue over LinkedIn during the summer of 2016, the two met repeatedly in Manhattan.

[snip]

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.

I think Millian’s cultivation of Papadopoulos likely explains this reference in the affidavit supporting Papadopoulos’ arrest, showing Papadopoulos asking Ivan Timofeev over Facebook on July 22, 2016 for any information he had on someone he was about to meet for the first time (see my timeline here).

“If you know any background of him that is noteworthy before I see him, kindly send my way.”

That would say that, on the same day WikiLeaks released the DNC emails — which itself took place a day after Papadopoulos signaled something about Trump’s RNC speech to Timofeev — Millian started cultivating Papadopoulos, who apparently had started spending more time in NYC.

And, according to the NYT, that cultivation ended up right where Michael Cohen had started in November 2015, discussing a deal for a Trump Tower in Moscow which inexplicably related to Trump winning election, with oligarchs who could evade US sanctions.

Cohen to Millian to Papadopoulos full circle, in the course of one year.

And if I’m right that that Facebook message that Papadopoulos tried to delete indicates a Timofeev role in Millian’s cultivation of Papadopoulos, it suggests a good deal of  orchestration on that front.

Which brings me to Simpson’s comments about Millian and the dossier.

In the first exchange about Millian, Simpson dodges on whether — as had been publicly reported, perhaps even based on sources close to Simpson — Millian was one of the sources for the dossier.

MR. SCHIFF: To your knowledge, was Mr. Millian one of the sources for Christopher Steele in the dossier?

MR. SIMPSON: I’m not in a position to get into the identity of the sources for the dossier for security reasons, primarily.

But there’s a more interesting exchange later, where, in response to a Mike Quigley question about Simpson’s non-public production, Simpson first offers up the non-sequitur that Fusion didn’t leak the dossier to BuzzFeed, then offers a seemingly different non-sequitur about the import of Sergei Millian.

MR. QUIGLEY: The dossier was published. Other elements were published. What wasn’t published? Are there still documents? Is there still information that was garnered by either Mr. Steele or others that the public isn’t aware of at this point, on this point?

MR. SIMPSON: Well, to just put it on the record, we were not the ones that gave this document to Buzzfeed, and I was not happy when this was published. I was very upset. I thought it was a very dangerous thing and that someone had violated my confidences, in any event. I think the story is largely known and that there’s very little that was left on the cutting room table from that time. I think, you know, there’s a little bit of, you know, color, I would say. You know, this guy that we were talking about earlier, Sergi Millian, isn’t named in the dossier, but is someone who was important.

In this bizarre series of non-sequiturs, Simpson appears to connect Millian with the leak of the dossier, which led to the lawfare that in turn led to the campaign to discredit the entire Mueller investigation by focusing on the dossier.

He almost certainly wasn’t the leaker; John McCain associate David Kramer almost certainly was.

But I wonder if, as part of the plan (in which former McCain campaign manager Paul Manafort may have been involved) to use the dossier to undercut the investigation, someone in Millian’s orbit encouraged its leak?

Mueller Wants to Delay Telling Manafort and Gates What Other Crimes It Knows They Committed

The government just submitted a request to modify the deadline Judge Amy Berman Jackson set to give Paul Manafort and Rick Gates notice of other crimes or bad acts it will introduce at trial, what is called a Rule 404(b) notice. Currently, they have to provide that notice on April 6, but the judge is now considering a September rather than a May trial date, so prosecutors want to bump the 404 notice back accordingly.

Mueller’s prosecutors don’t want to give Manafort and Gates more than a couple months notice of the other crimes they’re going to unload during the trial. They also note that if they give notice in April, they may have to provide multiple notices as they learn of other bad acts.

Premature disclosure raises issues as well. For example, in declining to require disclosure that is too early, courts have recognized that “the evidence the government wishes to offer may well change as the proof and possible defenses crystallize.”

[snip]

For similar reasons, early disclosure can result in multiple Rule 404(b) notices and multiply the rulings that a court needs to make, thus undermining the efficient use of judicial and party resources.

The government wants to wait until 8 weeks before the trial before giving notice.

At least two things appear to be going on here. First, Mueller doesn’t want to tip his hand to the many crimes it has found Manafort implicated in. Perhaps, he also wants to avoid making other obvious allegations about Manafort and Gates to preserve their credibility when they flip on the President and his family. But it also seems to suggest Mueller expects he’ll be finding other crimes Manafort and Gates committed for the next 8 months.

Steve King Just Voted to Subject Americans to “Worse than Watergate”

Devin Nunes has launched the next installment of his effort to undercut the Mueller investigation, a “Top Secret” four page report based on his staffers’ review of all the investigative files they got to see back on January 5. He then showed it to a bunch of hack Republicans, who ran to the right wing press to give alarmist quotes about the report (few, if any, have seen the underlying FBI materials).

Mark Meadows (who recently called for Jeff Sessions’ firing as part of this obstruction effort) said, “Part of me wishes that I didn’t read it because I don’t want to believe that those kinds of things could be happening in this country that I call home and love so much.”

Matt Gaetz (who strategized with Trump on how to undercut the Mueller investigation on a recent flight on Air Force One) said, “The facts contained in this memo are jaw-dropping and demand full transparency. There is no higher priority than the release of this information to preserve our democracy.”

Ron DeSantis (who joined Gaetz in that Air Force One strategy session with Trump and also benefitted directly from documents stolen by the Russians) said it was “deeply troubling and raises serious questions about the [the people in the] upper echelon of the Obama DOJ and Comey FBI,” who of course largely remain in place in the Sessions DOJ and Wray FBI.

Steve King claimed what he saw was, “worse than Watergate.” “Is this happening in America or is this the KGB?” Scott Perry said. Jim Jordan (who joined in Meadows’ effort to fire Sessions) said, “It is so alarming.” Lee Zeldin said the FBI, in using FISA orders against Russians and facilities used by suspected agents of Russia was relying “on bad sources & methods.”

It all makes for very good theater. But not a single one of these alarmists voted the way you’d expect on last week’s 702 reauthorization votes if they were really gravely concerned about the power of the FBI to spy on Americans.

Indeed, Gaetz, DeSantis, and King — three of those squawking the loudest — voted to give the same FBI they’re claiming is rife with abuse more power to spy on Americans, including political dissidents. Nunes, who wrote this alarming report, also wrote the bill to expand the power of the FBI he’s now pretending is badly abusive.

Even those who voted in favor of the Amash-Lofgren amendment and against final reauthorization — Meadows, Jordan, and Perry, among some of those engaging in this political stunt — voted against the Democratic motion to recommit, which would have at least bought more time and minimally improved the underlying bill (Justin Amash and Tom Massie, both real libertarians, voted with Democrats on the motion to recommit). Zeldin was among those who flipped his vote, backing the bill that will give the FBI more power after making a show of supporting Amash’s far better bill.

In short, not a single one of these men screaming about abuse at the FBI did everything they could do to prevent the FBI from getting more power.

Which — if you didn’t already need proof — shows what a hack stunt this is.

The June 9 Trump Tower Limited Hangout

I did two podcasts this week where I elaborated on my theory that the current story we have about the June 9, 2016 Trump Tower meeting is just a limited hangout, a partial story that I suspect serves to hide a later, more damning part of the meeting:

I first started suspecting that the current story — that Natalia Veselnitskaya pitched a request for Magnitsky sanctions relief in exchange for … almost no dirt on Hillary — was a limited hangout as I tracked Scott Balber’s repeated heavy-handed attempts to craft a story that could explain the known emails and documents.

I want to lay out my evolving, more developed theory here.

For weeks, Russians had been offering emails in exchange for meetings

The Trump campaign first learned about “dirt” on Hillary in the form of thousands of emails on April 26. The day after learning of those emails, George Papadopoulos sent two emails to Trump campaign staffers, that may have reflected a discussion of an early quid pro quo: some meetings — meant to lead to one between Trump and Putin — in exchange for emails.

To Stephen Miller, Papadopoulos wrote, “Have some interesting messages coming in from Moscow about a trip when the time is right.” To Corey Lewandowski, it appears he asked for a phone call “to discuss Russia’s interest in hosting Mr. Trump. Have been receiving a lot of calls over the last month about Putin wanting to host him and the  team  when the time is right.”

That same day, he sent his Russian handler, Ivan Timofeev, an email saying that the first major Trump foreign policy speech he helped author was a “signal to meet.” The speech spoke, in part, about making a great deal with Russia.

I believe an easing of tensions, and improved relations with Russia from a position of strength only is possible, absolutely possible. Common sense says this cycle, this horrible cycle of hostility must end and ideally will end soon. Good for both countries.

Some say the Russians won’t be reasonable. I intend to find out. If we can’t make a deal under my administration, a deal that’s great — not good, great — for America, but also good for Russia, then we will quickly walk from the table. It’s as simple as that. We’re going to find out.

Over the course of the next month, Papadopoulos sent a Timofeev invitation for a meeting  to move towards setting up a Putin-Trump meeting via email to Lewandowski (on May 4), to Sam Clovis (on May 5, after which they spoke by phone), and to Paul Manafort (on May 21), with additional back and forth in between.

Who is the Crown Prosecutor?

Around that time in late May, Natalia Veselnitskaya met with long-time Trump associate Aras Agalarov and mentioned her efforts to help Denis Katsyv in his legal fight with Bill Browder (note, elsewhere Veselnitskaya claimed she normally keeps her clients’ business compartmented, but claims not to have done so in this case) and to lobby against the Magnitsky sanctions. That’s where, according to Veselnitskaya, the idea of connecting her with Don Jr first came about, though she doesn’t remember who came up with the idea.

Around the end of May 2016, during a conversation with a good acquaintance of mine, being my client, Aras Agalarov on a topic that was not related to the United States, I shared the story faced when defending another client, Denis Katsyv, about how terribly misled the US Congress had been by the tax defrauder William Browder, convicted in Russia, who, through his lobbyists and his close-minded rank-and-file Congress staffers, succeeded in adopting the Act in the name of a person whom Browder practically hardly ever knew.

I considered it my duty to inform the Congress people about it and asked Mr. Agalarov if there was any possibility of helping me or my colleagues to do this. I do not remember who of us was struck by the idea that maybe his son could talk about this with Donald Trump, Jr., who, although a businessman, was sure to have some acquaintances among Congress people. After my conversation with Mr. Agalarov, I prepared a reference in case it would be necessary to hand over the request – to support the hearings in the Subcommittee in the US House Committee on Foreign Affairs as to the Magnitsky’s and Browder’s story, scheduled for mid-June.

The timing of this meeting is important. We know that the date on the document alleged to be the “dirt” handed to Don Jr — one that she claims she prepared “in case it would be necessary to hand over” is May 31. Either this meeting happened before May 31 (which is when Veselnitskaya described it to have taken place), or the document was instead drawn up exclusively for lobbying purposes (which would be unsurprising, but would be inconsistent with the testimony that uses the talking points to prove the meeting was only about Magnitsky sanctions). Elsewhere she gets sketchy about the date of the document, and produced as it was by Agalarov lawyer Scott Balber, we can’t be sure about the forensics of the document.

The reason the date is important, however, is that, in pitching the Trump Tower meeting on June 3, Rob Goldstone told Don Jr that Emin Agalarov’s father met with “the Crown Prosecutor” that morning.

Emin just called and asked me to contact you with something very interesting.

The Crown prosecutor of Russia met with his father Aras this morning and in their meeting offered to provide the Trump campaign with some official documents and information that would incriminate Hillary and her dealings with Russia and would be very useful to your father.

This is obviously very high level and sensitive information but is part of Russia and its government’s support for Mr. Trump – helped along by Aras and Emin. [my emphasis]

Admittedly, any discrepancy on dates might be due to the game of telephone going on — Aras to Emin to Goldstone. But if the meeting in question really did happen on June 3, then it significantly increases the likelihood that “Crown Prosecutor” is not at all a reference to Veselnitskaya (who claims to have met with Agalarov earlier), as has been claimed, but is to someone else, dealing a different kind of dirt.

Spoiler alert: I suspect it is not a reference to her.

In his version of this story, Goldstone says he only played this broker role reluctantly.

“I remember specifically saying to Emin, you know, we probably shouldn’t get involved in this. It’s politics, it’s Hillary Clinton and Donald Trump. Neither of us have any experience in this world. It’s not our forte. I deal with music. You’re a singer and a businessman.”

Don Jr seems to have shown no such reluctance. He emailed back 17 minutes later saying, “if it’s what you say I love it especially later in the summer.” He says that, in spite of the claim he made in his testimony that, “I had no additional information to validate what Rob was saying, I did not quite know what to make of his email.” Whatever Don Jr expected it to include on June 3, he may have gotten a clearer sense of what it was on June 6, when he spoke to Emin in a phone call set up in about an hour’s time, just as Emin got off the stage.

In fact, Don Jr had three “very short” phone calls in this period, but he’s getting forgetful in his old age and so doesn’t remember what transpired on them.

My phone records show three very short phone calls between Emin and me between June 6th and 7th. I do not recall speaking to Emin. It is possible that we left each other voice mail messages. I simply do not remember.

Veselnitskaya did not get her visa to come to the US until June 6. That’s the day when Goldstone, referencing Don Jr’s earlier instructions on timing, followed-up about a meeting.

Let me know when you are free to talk with Emin by phone about this Hillary info.

Ike Kaveladze’s still unexplained late inclusion in the meeting

Goldstone was still finalizing the meeting time on June 8 at 10:34 AM. But sometime, presumably after the time on June 7 at 6:14PM, when Don Jr told Goldstone that Paul Manafort and Jared Kushner would also attend, fellow Agalarov employee Ike Kaveladze got invited, though without Veselnitskaya ever learning why. At some unidentified time, Kaveladze called an associate of Goldstone’s and learned that the meeting would be about discussing “dirt” on Hillary Clinton — the same word Papadopoulos’ handlers had used.

Scott Balber, Kaveladze’s attorney, told The Daily Beast that before Kaveladze headed from Los Angeles to New York for the meeting, he saw an email noting that Kushner, Manafort, and Trump Jr. would all be involved. He thought it would be odd for them to attend the meeting, so he called Beniaminov before heading to New York. Both Beniaminov and Kaveladze have worked with the Agalarov’s real estate development company, the Crocus Group.

Balber said that Beniaminov told Kaveladze that he heard Rob Goldstone— Emin Agalarov’s music manager—discuss “dirt” on Hillary Clinton. It’s never become completely clear what kind of “dirt” the Russians were talking about.

Having learned of a meeting dealing dirt that included Don Jr, Kushner, and Manafort, Kaveladze got on a plane and flew to NYC.

According to Veselnitskaya’s very sketchy account, she got an email finalizing the meeting when she arrived in NYC on June 8 — an email that was also CC’ed to Kaveladze. She and Kaveladze spoke by phone sometime that day, and met sometime before the meeting.

With those present at the meeting, Samochernov, Kaveladze, and Akhmetshin, I spoke about the meeting on the day it was to be held, possibly, I mentioned it the day I arrived in New York when speaking with Kaveladze by phone, but I do not have exact information about it.

[snip]

We got acquainted first by phone when I was in Moscow. I met him personally first on June 9 shortly before the meeting.

[snip]

We had a phone call and met at a café, I do not remember where and at what café. I told him briefly what I knew about the Browder case, about the Ziffs and their possible support when lobbying his interests in the United States.

Like Don Jr’s memory of his phone calls with Emin, Veselnitskaya claims to have forgotten what got said in that phone call with Kaveladze.

Competing versions of the meeting

Which brings us to June 9.

We don’t know what Kaveladze’s schedule was. We do know that on the morning of June 9 — before lunch, which is when Veselnitskaya said Akhmetshin first got involved — Veselnitskaya asked Goldstone if she could bring Akhmetshin, whom she claimed had just “arrived that day in New York for an evening performance of Russian theatre stars.” Goldstone responded a half hour later, “Please bring them with you and meet Ike for your meeting at 4PM today.” (The copy of the email publicly released does not include the CC to Kaveladze that Veselnitskaya said was included.)

As I laid out in this post, Veselnitskaya says she arrived at the meeting with her translator, Kaveladze, and Akhmetshin, was met by Goldstone there, and brought to a board room where Don Jr and Manafort were already present.

I came to the meeting with Anatoly Samochornov, a translator, Irakly Kaveladze, a lawyer of my client who helped to arrange for the meeting, Rinat Akhmetshin, my colleague who was working with me on the Prevezon case. We were met by a big, stout man who introduced himself as Rob and escorted us on the elevator to the boardroom. I saw two men in the boardroom – one of them introduced himself as Donald Trump Jr., while the other did not introduce himself. Another young man entered the boardroom a little later and left it shortly afterwards. I found out much later that the two unidentified gentlemen were P. Manafort and J. Kushner.

According to Veselnitskaya, Kaveladze was introduced — to the extent he was — as “Ike.” Remember that he attended the 2013 dinner celebrating the Agalarov-brokered deal to bring Miss Universe to Moscow, meaning at least some in the Trump camp should know him.

Veselnitskaya’s account seems to line up with Jared Kushner’s, which basically has him arriving late, staying for about 10 minutes of Veselnitskaya’s discussion of adoptions (though he seems to be claiming not to be present for any discussion of Magnitsky sanctions), then asked his assistant to give him an excuse to leave.

I arrived at the meeting a little late. When I got there, the person who has since been identified as a Russian attorney was talking about the issue of a ban on U.S. adoptions of Russian children. I had no idea why that topic was being raised and quickly determined that my time was not well-spent at this meeting. Reviewing emails recently confirmed my memory that the meeting was a waste of our time and that, in looking for a polite way to leave and get back to my work, I actually emailed an assistant from the meeting after I had been there for ten or so minutes and wrote “Can u pls call me on my cell? Need excuse to get out of meeting.” I had not met the attorney before the meeting nor spoken with her since. I thought nothing more of this short meeting until it came to my attention recently. I did not read or recall this email exchange before it was shown to me by my lawyers when reviewing documents for submission to the committees. No part of the meeting I attended included anything about the campaign, there was no follow up to the meeting that I am aware of, I do not recall how many people were there (or their names), and I have no knowledge of any documents being offered or accepted.

Jared claims not to know who was at the meeting, which is somewhat credible given that he arrived after introductions.

For some reason, Goldstone holds out the claim this meeting started by talking about Democratic campaign donations then moved to sanctions.

Goldstone tells me that he only half-listened to the presentation from Natalia Veselnitskaya, the Russian lawyer, as he checked emails on his phone. But he insists, as Trump Jr has done, that the meeting ended awkwardly after she switched tack from discussing Democratic funding to US sanctions legislation and Moscow’s retaliatory policy that restricts Americans from adopting Russian children. “It was vague, generic nonsense,” Goldstone says.

[snip]

“Within minutes of starting, Jared said to her, ‘Could you just get to the point? I’m not sure I’m following what you’re saying,’ ” Goldstone says.

It was then that she started talking in detail about the provisions of the Magnitsky legislation and adoptions, he says. “I believe that she practised a classic bait-and-switch. She got in there on one pretext and really wanted to discuss something else.”

Don Jr’s memory of the meeting is somewhat different. Not only doesn’t he remember Akhmetshin’s presence at all, but he remembers Manafort arriving after the visitors were already in the conference room (mind you, I don’t consider this a significant discrepancy). And he definitely remembers adoptions being discussed at the same time as the sanctions.

As I recall, at or around 4 pm, Rob Goldstone came up to our offices and entered our conference room with a lawyer who I now know to be Natalia Veselnitskaya. Joining them was a translator and a man who was introduced to me as Irakli Kaveladze. After a few minutes, Jared and Paul joined. While numerous press outlets have reported that there were a total of eight people present at the meeting, I only recall seven. Because Rob was able to bring the entire group up by only giving his name to the security guard in the lobby, I had no advance warning regarding who or how many people would be attending. There is no attendance log to refer back to and I did not take notes.

After perfunctory greetings, the lawyer began telling the group very generally something about individuals connected to Russia supporting or funding Democratic Presidential Candidate Hillary Clinton or the Democratic National Committee. It was quite difficult for me to understand what she was saying or why. Given our busy schedules, we politely asked if she could be more specific and provide more clarity about her objective for the meeting. At that point, Ms. Veselnitskaya pivoted and began talking about the adoption of Russian children by U.S. citizens and something called the Magnitsky Act.

Until that day, I had never heard of the Magnitsky Act and had no familiarity with this issue. It was clear to me that her real purpose in asking for the meeting all along was to discuss Russian adoptions and the Magnitsky Act. At this point, Jared excused himself from the meeting to take a phone call.

Despite some minor differences in choreography, thus far the differences in the stories are not that substantial.

That changes, though, in the descriptions of how the meeting ended.

Don Jr claims he said that Trump was a private citizen so could do nothing to help.

I proceeded to quickly and politely end the meeting by telling Ms. Veselnitskaya that because my father was a private citizen there did not seem to be any point to having this discussion.

Goldstone claims something similar — that Don Jr told Veselnitskaya she should talk to Obama’s Administration, not the future Trump one.

“Don Jr ended it by telling her that she should be addressing her concerns to the Obama administration, because they were the ones in power.”

But in an an interview with Bloomberg that Veselnitskaya disavowed in her statement to SJC, she said that Don Jr suggested he would reconsider the sanctions “if we came to power.”

“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.

The extra details in the contemporaneous record as interpreted by Glenn Simpson

As far as we know, there’s only one contemporaneous record of this meeting: the notes that Manafort — whom Veselnitskaya claimed “closed his eyes and fell asleep” during the 20 minute meeting — took on his phone. Glenn Simpson was asked to comment on Manafort’s notes in his Senate testimony. Some of what he describes confirms these public accounts: the early reference to Browder, the other reference to Juliana Glover, the reference to adoptions.

MR. DAVIS: These are the meeting notes from 3 the June 9th meeting at Trump Tower. These are Mr. Manafort’s notes or they’re contemporaneous.

BY THE WITNESS:

A. I could tell — obviously you know who Bill Browder is. Cyprus Offshore, Bill Browder’s structure, you know, investment — Hermitage Capital, his hedge fund, set up numerous companies in Cyprus to engage in inward investment into Russia, which is a common structure, both partially for tax reasons but also to have entities outside of Russia, you know, managing specific investments. I can only tell you I assume that’s what that references. I don’t know what the 133 million —

[snip]

A. I can skip down a couple. So “Value in Cyprus as inter,” I don’t know what that means. “Illici,” I don’t know what that means. “Active sponsors of RNC,” I don’t know what that means. “Browder hired Joanna Glover” is a mistaken reference to Juliana Glover, who was Dick Cheney’s press secretary during the Iraq war and associated with another foreign policy controversy. “Russian adoptions by American families” I assume is a reference to the adoption issue.

While Simpson doesn’t recognize the reference, in addition to the passing reference to Cyprus shell companies, the notes allegedly used for the meeting explain the 133 million reference.

In the period of late 1999 to 2004, two companies – Speedwagon Investments 1 and 2, registered in New York, and owned by the said U.S. investors, acting through three Cypriot companies, Giggs Enterprises Limited, Zhoda Limited, Peninsular Heights Limited illegally acquired more than 133 million Gazprom shares in the amount exceeding $80 million in the name of the Russian companies Kameya, Lor, Excalibur, Sterling Investments.

But there seems to be more extensive reference to Cyprus (the laundering of money through which, of course, Manafort is himself an expert; it features centrally in his indictment).

And none of the accounts of the meeting seem to explain Manafort’s half-written “illicit,” nor does “Active sponsors of RNC” appear anywhere.

So there appear to be two things in Manafort’s notes that aren’t explained by the several accounts of the meeting: RNC support (elsewhere attributed to the reference to Ziff brothers’ political donations, something which Manafort might independently know) and, most intriguingly, “illicit” (as well, as perhaps, the more central focus on Cyprus than reflected in the talking points).

Who left the conference room when?

This brings me to the question of who left the conference room when.

According to the LAT, Mueller’s team seems newly interested in an exchange between Ivanka, Veselnitskaya, and Akhmetshin, which attests to Ivanka’s awareness — whatever her spouse’s and brother’s ignorance — of Akhmetshin’s presence.

Investigators also are exploring the involvement of the president’s daughter, Ivanka Trump, who did not attend the half-hour sit-down on June 9, 2016, but briefly spoke with two of the participants, a Russian lawyer and a Russian-born Washington lobbyist. Details of the encounter were not previously known.

It occurred at the Trump Tower elevator as the Russian lawyer, Natalia Veselnitskaya, and the lobbyist, Rinat Akhmetshin, were leaving the building and consisted of pleasantries, a person familiar with the episode said. But Mueller’s investigators want to know every contact the two visitors had with Trump’s family members and inner circle.

But it also may suggest that, after arriving with the two Russians, Ike Kaveladze may have stayed on for a bit afterwards.

Which may be backed by another detail in the various accounts of the meeting. Both Don Jr …

She thanked us for our time and everyone left the conference room. As we walked out, I recall Rob coming over to me to apologize.

And Goldstone claim that the music promoter apologized for the meeting at the end.

As he emerged from the meeting, Goldstone says that he told Trump Jr he was “deeply embarrassed” that it had been an apparent waste of time.

If Goldstone “apologized” for the meeting, as he and Don Jr claim, it suggests Goldstone, at least, stayed behind long enough to say something that would otherwise be rude to say in front of Veselnitskaya. Don Jr’s claim of an apology might provide convenient excuse.

Perhaps most curious among the first-hand accounts is Goldstone’s claim that he thought the 20-30 minute meeting was “dragging on.”

He had not even planned to attend, but was encouraged to stay by Trump Jr. His biggest concern, he says, was that if the meeting dragged on, he would be caught in the notorious Lincoln Tunnel traffic on his journey home.

But her emails

At 4:40 PM, 40 minutes after the meeting started, Trump tweeted what would become one of the most famous exchanges of the campaign, his retort to Hillary Clinton’s taunt that he should delete his Twitter account with this response,

Did you say “dirt” in the form of Hillary emails?

Six days after that meeting, Guccifer 2.0 released the first of the documents stolen by hacking Democratic targets (though note, none of these are known to have come from the DNC, which is the only hack the WaPo reported on the day before; while some have been traced to Podesta’s emails, the others remain unaccounted for).

While I have argued that the specific content in that dump can be explained, in significant part, as an effort to respond to and rebut the claims CrowdStrike and the Democrats made to the WaPo, some of the documents would be particularly valuable in selling the Trump team on the value of any “dirt” on offer. That includes the oppo research on Trump himself (though that was definitely also a response to the WaPo), but also what purports to be a secret policy document stolen from Hillary’s Secretary of State computer, and a document on Hillary’s election plans. Significantly, all three of these documents were among the ones with the altered metadata, in part bearing the signature of Felix Edmundovich Dzerzhinsky.

In short, that first post from Guccifer 2.0 would not only refute the confident claims the Democrats made to the WaPo, but it would provide the Trump camp with a sense of the scope of documents on offer. Within that first week, Guccifer 2.0 would even offer what claimed to be a (heh) “dossier” on Hillary Clinton. (Given my concerns that Russians learned of the Steele dossier and filled it with disinformation, I find it rather interesting that Guccifer 2.0 first advertised this dossier on the same day, June 20, that Steele submitted the first report in his dossier.)

Eerie

If, in fact, there was a second part of this meeting, it seems to be the high level meeting that George Papadopoulos had been working on setting up for weeks, meetings discussed in the context of offering dirt in the form of emails. The Russians laid out a quo — relief of the Magnitsky sanctions — and a week later, provided the first installments of the quid — oppo research from Hillary Clinton.

That would more readily explain why, on June 14, Goldstone would forward this account of the DNC hack to Emin and Ike (but not the other attendees) declaring the DNC hack to be eerie in the wake of what transpired at the meeting.

In one email dated June 14, 2016, Goldstone forwarded a CNN story on Russia’s hacking of DNC emails to his client, Russian pop star Emin Agalarov, and Ike Kaveladze, a Russian who attended the meeting along with Trump Jr., Trump’s son-in-law Jared Kushner and Manafort, describing the news as “eerily weird” given what they had discussed at Trump Tower five days earlier.

And that, I suspect, is the real story that Scott Balber has been working so hard to obscure.

With the Corey Lewandowski Interview, Devin Nunes Confirms He’s No More Than Trump’s Mole

In the wake of Michael Wolff’s publication of Steve Bannon’s insistence that Donald Trump met with the attendees at the June 9, 2016 Trump Tower meeting, we got word that Bannon — who claims never to have interviewed with Robert Mueller’s team — has hired the same lawyer representing Reince Priebus and Don McGahn for an interview this week with the House Intelligence Committee.

Two sources tell us Burck is helping Bannon prepare for an interview with the House intelligence committee, which is currently scheduled for next week. Sources also said Bannon plans to “fully cooperate” with investigators.

Burck also represents White House Counsel Don McGahn and former Chief of Staff Reince Priebus for the purposes of the Russia probe, as Law360 reported last September.

It is not unheard of for one attorney to represent more than one client on the same matter. But the fact that several key players with Trump administration ties have the same lawyer could irk investigators.

Then, yesterday, news broke that Corey Lewandowski will interview with HPSCI this week. He, too, claims he has never interviewed with Mueller’s team.

Former Trump campaign manager Corey Lewandowski says that he has yet to be contacted by Special Counsel Robert Mueller as part of the ongoing Russia investigation.

Lewandowski, who was interviewed by WABC’s Rita Cosby on Sunday, also confirmed reports that he will be interviewed on either Wednesday or Thursday by the House Intelligence Committee as part of its Russia probe.

“I have nothing to hide. I didn’t collude or cooperate or coordinate with any Russian, Russian agency, Russian government or anybody else, to try and impact this election,” Lewandowski says he plans to tell the House panel.

Daily Caller is right — it’s odd that Mueller hasn’t interviewed Lewandowski, given that he had these critically timed interactions with George Papadopoulos.

April 27: Papadopoulos to Corey Lewandowski

“to discuss Russia’s interest in hosting Mr. Trump. Have been receiving a lot of calls over the last month about Putin wanting to host him and the team when the time is right.”

April 27: Papadopoulos authored speech that he tells Timofeev is “the signal to meet”

[snip]

May 4, Papadopoulos to Lewandowski (forwarding Timofeev email):

“What do you think? Is this something we want to move forward with?”

May 14, Papadopoulos to Lewandowski:

“Russian govemment[] ha[s] also relayed to me that they are interested in hostingMr. Trump.”

[snip]

June 19: Papadopoulos to Lewandowski

“New message from Russia”: “The Russian ministry of foreign affairs messaged and said that if Mr. Trump is unable to make it to Russia, if campaign rep (me or someone else) can make it for meetings? I am willing to make the trip off the record if it’s in the interest of Mr. Trump and the campaign to meet specific people.”

The decision to call two key Trump people whom Mueller hasn’t met happens in the wake of events that haven’t gotten sufficient attention. On January 3, Rod Rosenstein and Christopher Wray met with Paul Ryan to request that he limit the documents Nunes had requested from FBI. Ryan backed Nunes, which led Rosenstein and Wray to agree to show a bunch of highly sensitive documents to HPSCI investigators, as well as agree to interviews with the FBI and DOJ people who had either touched the Steele dossier or been witnesses to Jim Comey’s claims that Trump demanded loyalty from him.

At Wednesday’s meeting — initiated at Rosenstein’s request — Rosenstein and Wray tried to gauge where they stood with the House speaker in light of the looming potential contempt of Congress showdown and Nunes’ outstanding subpoena demands, sources said. CNN is told the discussion did not involve details of the separate Russia investigation being led by special counsel Robert Mueller.

While Ryan had already been in contact with Rosenstein for months about the dispute over documents, Rosenstein and Wray wanted to make one last effort to persuade him to support their position. The documents in dispute were mostly FBI investigative documents that are considered law enforcement sensitive and are rarely released or shared outside the bureau.

During the meeting, however, it became clear that Ryan wasn’t moved and the officials wouldn’t have his support if they proceeded to resist Nunes’ remaining highly classified requests, according to multiple sources with knowledge of the meeting.

Sources also told CNN that the Justice Department and the FBI also had learned recently that the White House wasn’t going to assert executive privilege or otherwise intervene to try to stop Nunes.

The focus on all the reporting has been on the dossier; indeed, one of CNN’s sources says Mueller’s investigation didn’t come up. It’s not clear that makes sense, given the implication that Trump might claim executive privilege over something being discussed, unless the privilege claim pertained to the two-page summary of the dossier given to him and Obama.

Moreover, the letter memorializing what Nunes forced Rosenstein and Wray to give up suggests the discussion involved all “investigative documents that relate to the Committee’s investigations into (a) Russian involvement in the 2016 Presidential election,” as well as its efforts to find evidence of politicization at DOJ.

As agreed, designated Committee investigators and staff will be provided access to all remaining investigative documents, in unredacted form, for review at DOJ on Friday, January 5, 2018. The documents to be reviewed will include all FBI Form-1023s and all remaining FBI Form FD-302s responsive to the Committee’s August 24, 2017 subpoenas. The only agreed-upon exception pertains to a single FD-302, which, due to national security interests, will be shown separately by Director Wray to myself and my senior investigators during the week of January 8, 2018.

You further confirmed that there are no other extant investigative documents that relate to the Committee’s investigations into (a) Russian involvement in the 2016 Presidential election or (b) other investigatory documents germane to the Committee’s investigations regardless of form and/or title. If, somehow, “new” or “other” responsive documents are discovered, as discussed, you will notify me immediately and allow my senior investigators to review them shortly thereafter.

[snip]

It was further agreed that all documents made available to the Committee will also be available for review by the minority Ranking Member and designated staff.

If that’s right — if the document requests pertain to both the Steele dossier and the Mueller investigation, then on January 5, HPSCI would have been able to determine everyone who had been interviewed and what they had said (which is a good way to ensure that witnesses not cooperate with Mueller). And last week, Nunes, would have been able to review a 302 (the forms FBI uses to report their interviews with witnesses) that, for some reason, was even more sensitive than the FISA orders and confidential human source reports they had reviewed the previous Friday. From his language, it’s not clear whether Adam Schiff would have been included in that review.

Last Wednesday, Wray and Rosenstein gave briefings to Adam Schiff, reportedly by himself, and Richard Burr and Mark Warner together. If Schiff wasn’t included in the review of that 302, then that may explain what the briefing pertained to.

Just last month, Nunes was digging in and refusing to let Democrats call obvious witnesses. So the news that HPSCI will interview two key Trump people with whom Mueller has not yet met makes it clear — if it wasn’t already — that Nunes is trying to identify everything that Mueller might learn, so that he can then give Trump a clean bill of health and insist the entire investigation was just a political stunt drummed up from the Steele dossier (which is what Paul Manafort seems to have recommended last year).

And as all these machinations have gone on, Trump has vacillated about whether or not he’ll submit to an interview with Mueller. Perhaps Nunes has told him that the one thing that might make Mueller’s case is either a confirmation or denial from the President whether he knew or attended that June 9 meeting?

How Did the “Publication” of the Dossier Lead to a Murder before It was Published?

In the furor surrounding the publication of the Simpson transcript last week, a number of people pointed to this line to talk about how credible the dossier is.

MR. FOSTER: Earlier you talked about evaluating the credibility of the information in the memoranda that you were being provided by Mr. Steele and, by way of summary, you talked about your belief that he was credible and that you had worked with him before and the information he had provided you had been reliable in the past. Did you take any steps to try to assess the credibility of his sources, his unnamed sources in the material that he was providing to you?

MR. SIMPSON: Yes, but I’m not going to get into sourcing information.

MR. FOSTER: So without getting into naming the sources or anything like that, what steps did you take to try to verify their credibility?

MR. SIMPSON: I’m going to decline to answer that.

MR. FOSTER: Why?

MR. LEVY: It’s a voluntary interview, and in addition to that he wants to be very careful to protect his sources. Somebody’s already been killed as a result of the publication of this dossier and no harm should come to anybody related to this honest work.

That has been taken as a reference to Oleg Erovinkin, the former FSB General who died under mysterious circumstances on December 26, 2016. I myself have pointed to that death, repeatedly, as the one that could very credibly be seen as someone who could be one of the sources described in the dossier being assassinated in retaliation for sharing information with Christopher Steele. I absolutely agree that sharing the dossier with journalists, as Fusion did, could pose a real threat to Steele’s sources.

That said, Luke Harding, who had input from Steele on his book, reported that Erovinkin was not a Steele source.

Steele was adamant that Erovinkin wasn’t his source and “not one of ours.”

As a person close to Steele put it to me: “Sometimes people just die.” (101)

Frankly, if Erovinkin was one of Steele’s sources, I can understand why he’d lie about it. Though it’s also worth remembering that four Russians who allegedly have ties with the US were arrested on treason charges in December, so maybe Erovinkin was our source? So I won’t take Harding’s report as dispositive.

Bet let’s accept the premise that the Erovinkin death might be tied to the Steele dossier.

Let’s look at what Joshua Levy actually said. “Somebody’s already been killed as a result of the publication of this dossier.”

Erovinkin died on December 26, 2016. The dossier wasn’t published by BuzzFeed until January 11, 2017.

If Erovinkin was, in fact, “killed as a result of the publication of this dossier,” then what Levy means is that he was killed as a result of reports from the dossier being reported by the press in September and October and November. He obviously couldn’t be killed in December for the only publication we know of that Fusion had no firsthand role in, the January BuzzFeed publication.

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