Incendiary Lawsuit Alleging More Trump Obstruction Shows Benghazi Booster Admitting He Has No Credibility

The African American former cop that Fox blamed for its retracted Seth Rich story, Rod Wheeler, has sued the network and a Fox associate and GOP rat-fucker, Ed Butowsky, for defamation and discrimination.

The suit is designed to be very inflammatory, using the claims Butowsky made about President Trump’s personal involvement pushing the story to attract attention (and increase the pain for Fox).

If this effort to shift blame for the DNC hack hadn’t already attracted Robert Mueller’s attention, I suspect it will now (and I suspect Wheeler will be very happy to testify).

In fact, though, Wheeler well documented his claim that Butowsky and Fox’ journalist, Malia Zimmerman, fabricated two quotes from him and then refused to retract attribution to him. So the lawsuit may well have legs.

But I’m amused by two other details Wheeler includes in the suit. First, he shows Butowsky, a Dallas-based financial advisor, claiming to have revealed most of what we know about Benghazi.

So the douchebag behind the Seth Rich – Wikileaks conspiracy is also the douchebag behind Benghazi.

Which is nifty, because Wheeler also includes quotes of Butowsky admitting he has no credibility.

Wheeler then goes on to allege that Butowsky threatened to extort Sy Hersh.

Butowsky deleted his Twitter account this morning (though not yet his Tumblr account), so perhaps he recognizes that he’s at some financial exposure.

But I’m grateful that, in the process, he has admitted that he — and his Benghazi pseudo-scandal — have no credibility.

 

 

 

The Leakers Get Craftier

Hey, are you all still here?

Thanks to everyone — especially Rayne — for watching after the likker cabinet while I was in Oz. It appears the Donald Administration has only gotten crazier since I was gone.

Last night, the WaPo published yet another big scoop show more lies about Russia. It reveals that President Trump personally dictated the response to the news that Don Jr, Paul Manafort, and Jared Kushner met with Natalia Veselnitskaya.

Flying home from Germany on July 8 aboard Air Force One, Trump personally dictated a statement in which Trump Jr. said that he and the Russian lawyer had “primarily discussed a program about the adoption of Russian children” when they met in June 2016, according to multiple people with knowledge of the deliberations. The statement, issued to the New York Times as it prepared an article, emphasized that the subject of the meeting was “not a campaign issue at the time.”

Two important details about this scoop: first, as Laura Rozen noted, Trump’s focus on adoption came after he chatted up Vladimir Putin at the spouse’s dinner for up to an hour at the G20 (remember how Trump gesticulated wildly to get Putin’s attention). Given that Trump claims they spoke about adoptions, it makes it more likely (as batshit as this is to contemplate!) Trump looped Putin in on how to respond.

Remember, too, that Rob Goldstone specifically envisioned involving Trump in this matter.

What do you think is the best way to handle this information and would you be able to speak to Emin about it directly?

I can also send this info to your father via Rhona, but it is ultra sensitive so wanted to send to you first.

At this point it’s probably safest to assume all the other claims about this — such as that there was no follow-up — will prove to be lies, too.

I wanted to point one more thing out, though.

The WaPo story is notable for two reasons. First, it features an almost entirely new set of journalists from the three mainstays who’ve published the other big Russian scoops. Just as interesting — in the wake of the unceremonious firing of Reince Priebus and others — the story almost entirely hides the sources for the story. While the story quotes an anonymous Trump advisor and airs the complaint of Jared Kushner’s legal team, the story says nothing about who actually revealed this story. And the story is specifically framed in a way that tees it up for Robert Mueller to ask questions about Trump’s obstruction, personally.

Trump has serially fired his staffers because no one can get a handle on this Russian scandal. But with each firing, Trump also makes it likely new leaks with badly exacerbate the scandal.

 

The Long-Delayed Jeff Sessions Reveal

Today (or yesterday — I’ve lost track of time) the WaPo reported what has long been implied: there’s evidence that Jeff Sessions spoke to Russian Ambassador Sergey Kislyak about campaign-related stuff, contrary to his repeated sworn comments.

At first, I thought this revelation might relate to Richard Burr’s assertion that Devin Nunes made up the scandal about which Obama officials had unmasked the identity of Trump officials who got sucked up in intercepts of Russians.

“The unmasking thing was all created by Devin Nunes, and I’ll wait to go through our full evaluation to see if there was anything improper that happened,” Burr said. “But clearly there were individuals unmasked. Some of that became public which it’s not supposed to, and our business is to understand that, and explain it.”

After all, one of the things the Senate Intelligence Committee would do to clear Rice is figure out who unmasked the identities of Trump people. And there’s at least circumstantial evidence to suggest that James Clapper unmasked Jeff Sessions’ identity, potentially on the last day of his tenure.

But Adam Entous, one of the three journalists on the story (and all the stories based on leaks of intercepts) reportedly said on the telly they’ve had the story since June.

Which instead suggests the WaPo published a story they’ve been sitting on since Sessions’ testimony.

The WaPo story cites the NYT interview in which Trump attacked Sessions for his poor answers about his interactions with Kislyak.

Trump, in an interview this week, expressed frustration with Sessions’s recusing himself from the Russia probe and indicated that he regretted his decision to make the lawmaker from Alabama the nation’s top law enforcement officer. Trump also faulted Sessions as giving “bad answers” during his confirmation hearing about his Russian contacts during the campaign.

Officials emphasized that the information contradicting Sessions comes from U.S. intelligence on Kislyak’s communications with the Kremlin, and acknowledged that the Russian ambassador could have mischaracterized or exaggerated the nature of his interactions.

Many people took this interview as an effort on Trump’s part to get Sessions to resign.

And the WaPo goes on to note that the disclosure — by these same journalists — of Mike Flynn’s conversations with Kislyak led to his resignation.

Kislyak was also a key figure in the departure of former national security adviser Michael Flynn, who was forced to leave that job after The Post revealed that he had discussed U.S. sanctions against Russia with Kislyak even while telling others in the Trump administration that he had not done so.

And all of a sudden, we get this confirmation that Sessions has been lying all along.

Don’t get me wrong: I’d be happy to see Jeff Sessions forced to resign. But if he does, Trump will appoint someone more willing to help the cover up, someone who (because he wouldn’t have these prevarications about conversations with the Russian Ambassador and therefore won’t have to recuse) will assume supervision of Robert Mueller.

So while I’m happy for the confirmation that Sessions lied, I have real questions about why this is being published now.

Trumpnami: Good Luck Staying Ahead of That

That‘ — I can’t even come up with a family-friendly term for the tsunami of crap Trump set in motion this week.

The New York Times’ three-reporter interview with Trump had already generated heavy surf Wednesday and Thursday. The amount of insanity packed in one summary article and published excerpts, combined with problematic journalistic methodology, agitated a massive undertow.

Last evening, the Washington Post reported that Trump has asked his attorneys about the limits of presidential pardons while they look for ways to undermine the legitimacy of Robert Mueller’s Russia investigation.

We also learned Mark Corallo left Team Trump.

Ditto attorney Marc Kasowitz, though depending on who you read, he’s either ‘left’ or taken a ‘lesser role’.

That’s just last night.

Sandwiched between NYT’s one-two punch and last night’s WaPo piece are pieces sure to increase pressure.

Like Bloomberg’s report that Mueller is looking into Trump’s business transactions.

(Side note: I have a problem with Bloomberg’s piece in particular as it claims the stock market responded negatively to the reporting about Trump. Really? There’s nothing else going on, like news about Apple, Netflix, Musk’s Boring, skittishness ahead of GE’s earnings, Carrier’s layoffs, so on, which might concern the market? Oh, Exxon‘s little hand slap…right. Nah.)

I don’t know how we stay ahead of this wave. But after learning

— Trump wouldn’t have nominated Sen. Jeff Sessions to attorney general if he’d known in advance Sessions would recuse himself;

— Trump thinks Mueller investigating his family’s finances is too far;

— Less than 179 days in office, Trump was already considering the use of presidential pardons for family;

it’s time to ask Congress to revisit the independence of special counsel under the Ethics in Government Act of 1978 to assure Mueller’s investigation is completely out of reach of the White House and its compromised attorney general. As the law addressing the special counsel currently exists, the role remains under the purview of the attorney general. This is increasingly problematic, given Trump’s statements about Sessions’ recusal, which may be construed as a form of intimidation.

Yeah, yeah, Scalia thought the independent counsel was an overreaching breach between the legislative and executive branches. But Scalia likely never foresaw this level of insanity, stupidity, and criminality in the White House, combined with an utterly flaccid majority party, either complicit or unwilling to perform oversight within its powers and purpose. In his dissent of Morrison v. Olson, Scalia wrote,

It is the proud boast of our democracy that we have “a government of laws and not of men.” …

What happens when the executive office ignores or violates laws, and Congress turns a blind eye? What backstop is there to assure the ‘government of laws’ continues to execute the law in spite of the failure of men charged with creating and upholding the laws?

Commenting on a tweet by former Eric Holder, former Justice Department spokesperson Matthew Miller tweeted last night,

“Yep. These leaks are partially intended to test the boundaries of what he can get away with. Like w/ Comey firing, silence is acquiescence.” [bold mine]

It’s not on Congress alone, though, to hold fast the boundaries on executive power. It’s on citizens to demand Congress demonstrate limits as representatives of the people.

By the way, to reach Congress call the U.S. Capitol switchboard at: 202-224-3121

As mentioned in the blurb, this is an open thread.

Chris Wray’s DodgeBall and Trump’s Latest Threats

Though I lived-tweeted it, I never wrote up Christopher Wray’s confirmation hearing to become FBI Director. Given the implicit and explicit threats against prosecutorial independence Trump made in this interview, the Senate should hold off on Wray’s confirmation until it gets far more explicit answers to some key questions.

Trump assails judicial independence

The NYT interview is full of Trump’s attacks on prosecutorial independence.

It started when Trump suggested (perhaps at the prompting of Michael Schmidt) that Comey only briefed Trump on the Christopher Steele dossier so he could gain leverage over the President.

Later, Trump called Sessions’ recusal “unfair” to the President.

He then attacked Rod Rosenstein by suggesting the Deputy Attorney General (who, Ryan Reilly pointed out, is from Bethesda) must be a Democrat because he’s from Baltimore.

Note NYT goes off the record (note the dashed line) with Trump in his discussions about Rosenstein at least twice (including for his response to whether it was Sessions’ fault or Rosenstein’s that Mueller got appointed), and NYT’s reporters seemingly don’t think to point out to the President that he appeared to suggest he had no involvement in picking DOJ’s #2, which would seem to be crazy news if true.

Finally, Trump suggested (as he has elsewhere) Acting FBI Director Andrew McCabe is pro-Clinton.

Having attacked all the people who are currently or who have led the investigation into him (elsewhere in the interview, though, Trump claims he’s not under investigation), Trump then suggested that FBI Directors report directly to the President. In that context, he mentioned there’ll soon be a new FBI Director.

In other words, this mostly softball interview (though Peter Baker made repeated efforts to get Trump to explain the emails setting up the June 9, 2016 meeting) served as a largely unfettered opportunity for Trump to take aim at every major DOJ official and at the concept of all prosecutorial independence. And in that same interview, he intimated that the reporting requirements with Christopher Wray — who got nominated, ostensibly, because Comey usurped the chain of command requiring him to report to Loretta Lynch — would amount to Wray reporting directly to Trump.

Rosenstein does what he says Comey should be fired for

Close to the same time this interview was being released, Fox News released an “exclusive” interview with Rod Rosenstein, one of two guys who acceded to the firing of Jim Comey ostensibly because the FBI Director made inappropriate comments about an investigation. In it, the guy overseeing Mueller’s investigation into (in part) whether Trump’s firing of Comey amounted to obstruction of justice, Rosenstein suggested Comey acted improperly in releasing the memos that led to Mueller’s appointment.

And he had tough words when asked about Comey’s recent admission that he used a friend at Columbia University to get a memo he penned on a discussion with Trump leaked to The New York Times.

“As a general proposition, you have to understand the Department of Justice. We take confidentiality seriously, so when we have memoranda about our ongoing matters, we have an obligation to keep that confidential,” Rosenstein said.

Asked if he would prohibit releasing memos on a discussion with the president, he said, “As a general position, I think it is quite clear. It’s what we were taught, all of us as prosecutors and agents.”

While Rosenstein went on to defend his appointment of Mueller (and DOJ’s reinstatement of asset forfeitures), he appears to have no clue that he undermined his act even as he defended it.

Christopher Wray’s dodge ball

Which brings me to Wray’s confirmation hearing.

In fact, there were some bright spots in Christopher Wray’s confirmation hearing, mostly in its last dregs. For example, Dick Durbin noted that DOJ used to investigate white collar crime, but then stopped. Wray suggested DOJ had lost its stomach for such things, hinting that he might “rectify” that.

Similarly, with the last questions of the hearing Mazie Hirono got the most important question about the process of Wray’s hiring answered, getting Wray to explain that only appropriate people (Trump, Don McGahn, Reince Priebus, Mike Pence) were in his two White House interviews.

But much of the rest of the hearing alternated between Wray’s obviously well-rehearsed promises he would never be pressured to shut down an investigation, alternating with a series of dodged questions. Those dodges included:

  • What he did with the 2003 torture memo (dodge 1)
  • Whether 702 should have more protections (dodge 2)
  • Why did Trump fire Comey (dodge 3)
  • To what extent the Fourth Amendment applies to undocumented people in the US (dodge 4)
  • What we should do about junk science (dodge 5)
  • Whether Don Jr should have taken a meeting with someone promising Russian government help to get Trump elected (dodge 6)
  • Whether Lindsey Graham had fairly summarized the lies Don Jr told about his June 9, 2016 meeting (dodge 7)
  • Can the President fire Robert Mueller (dodge 8)
  • Whether it was a good idea to form a joint cyber group with Russia (dodge 9)
  • The role of tech in terrorist recruitment (dodge 9 the second)
  • Whether FBI Agents had lost faith in Comey (dodge 10)
  • Who was in his White House interview — though this was nailed down in a Hirono follow up (dodge 11)

Now, don’t get me wrong, this kind of dodge ball is par for the course for executive branch nominees in this era of partisan bickering — it’s the safest way for someone who wants a job to avoid pissing anyone off.

But at this time of crisis, we can’t afford the same old dodge ball confirmation hearing.

Moreover, two of the these dodges are inexcusable, in my opinion. First, his non-responses on 702. That’s true, first of all, because if and when he is confirmed, he will have to jump into the reauthorization process right away, and those who want basic reforms let Wray off the hook on an issue they could have gotten commitments on. I also find it inexcusable because Wray plead ignorance about 702 even though he played a key role in (not) giving defendants discovery on Stellar Wind, and otherwise was read into Stellar Wind after 2004, meaning he knows generally how PRISM works. He’s not ignorant of PRISM, and given how much I know about 702, he shouldn’t be ignorant of that, either.

But the big one — the absolutely inexcusable non answer that would lead me to vote against him — is his claim not to know the law about whether the President can fire Robert Mueller himself.

Oh, sure, as FBI Director, Wray won’t be in the loop in any firing. But by not answering a question the answer to which most people watching the hearing had at least looked up, Wray avoided going on the record on an issue that could immediately put him at odds with Trump, the guy who thinks Wray should report directly to him.

Add to that the Committee’s failure to ask Wray two other questions I find pertinent (and his answers on David Passaro’s prosecution either revealed cynical deceit about his opposition to torture or lack of awareness of what really happened with that prosecution).

The first question Wray should have been asked (and I thought would have been by Al Franken, who instead asked no questions) is the circumstances surrounding Wray’s briefing of John Ashcroft about the CIA Leak investigation in 2003, including details on Ashcroft’s close associate Karl Rove’s role in exposing Valerie Plame’s identity.

Sure, at some level, Wray was just briefing his boss back in 2003 when he gave Ashcroft details he probably shouldn’t have. The fault was Ashcroft’s, not Wray’s. But being willing to give an inappropriate briefing in 2003 is a near parallel to where Comey found himself, being questioned directly by Trump on a matter which Trump shouldn’t have had access to. And asking Wray to explain his past actions is a far, far better indication of how he would act in the (near) future than his rehearsed assurances he can’t be pressured.

The other question I’d have loved Wray to get asked (though this is more obscure) is how, as Assistant Attorney General for the Criminal Division under Bush, he implemented the July 22, 2002 Jay Bybee memo permitting the sharing of grand jury information directly with the President and his top advisors without notifying the district court of that sharing. I’d have asked Wray this question because it was something he would have several years of direct involvement with (potentially even with the Plame investigation!), and it would serve as a very good stand-in for his willingness to give the White House an inappropriate glimpse into investigations implicating the White House.

There are plenty more questions (about torture and the Chiquita settlement, especially) I’d have liked Wray to answer.

But in spite of Wray’s many rehearsed assurances he won’t spike any investigation at the command of Donald Trump, he dodged (and was not asked) key questions that would have made him prove that with both explanations of his past actions and commitments about future actions.

Given Trump’s direct assault on prosecutorial independence, an assault he launched while clearly looking forward to having Wray in place instead of McCabe, the Senate should go back and get answers. Trump has suggested he thinks Wray will be different than Sessions, Rosenstein, Comey, and McCabe. And before confirming Wray, the Senate should find out whether Trump has a reason to believe that.

Update: I did not realize that between the time I started this while you were all asleep and the time I woke up in middle of the night Oz time SJC voted Wray out unanimously, which is a testament to the absolute dearth of oversight in the Senate.

Yet More Proof Obama Didn’t “Tapp” Trump

CNN is reporting that Robert Mueller’s investigation only recently learned of the June 9, 2016 meeting between Don Jr, Jared Kushner, Paul Manafort, and Natalia Veselnitskaya, but will now include it in the scope of the investigation.

The details of the interactions between Trump Jr., Goldstone and Veselnitskaya weren’t fully known to federal investigators until recently, according to three US officials familiar with the probe. The FBI, as part of its counter intelligence probe and the investigation into Russian meddling, has scrutinized some of Donald Trump Jr.’s business dealings and meetings even before the latest meeting was disclosed, one of the US officials said.

Now, Mueller’s probe will look at the meeting and email exchanges that Trump Jr. disclosed as part of its investigation, according to the US official briefed on the matter.

A different CNN report strongly suggests the government learned it as a result of Kushner’s revisions to his SF86 forms — which it sounds like he has revised almost as many times as Karl Rove revised his grand jury testimony in the CIA leak case.

The emails with Donald Trump Jr. about the Russian meeting were discovered as Kushner and his legal team prepared for his testimony before Congress as they were doing a document review, a source familiar with the process told CNN.

As soon as the document was discovered, Kushner’s disclosure form was amended to include the meeting, the source said.

This means that Kushner’s SF-86 changed a number of times: First, the inaccurate form, which left blank the foreign contacts section. Next (and the next day), the form was amended to say that he had multiple contacts and would disclose those. The process of gathering information progressed throughout the winter and spring. Then the form was amended yet again to include the Trump Jr. meeting as soon as it was discovered, a source with knowledge of the process told CNN.

In other words, until Kushner himself revealed these emails, the FBI didn’t have them, or even know about this meeting.

Which further confirms what I noted here: in addition to all the other things this email indicates, it confirms the Obama NSA did not “tapp” the Trump campaign.

That may not be a surprise: as a British citizen and someone who spends some or most of his time in the US, Rob Goldstone would not be easily targetable in NSA spying, and the Russian names included in the email would not be targetable under “about” collection.

But this also means that the FBI found nothing to justify collecting the email accounts of these recipients themselves, including Don Jr, Kushner, and even Manafort, the latter of whom has been under investigation for money laundering (though it’s not clear what emails these are).

So either this means the FBI only recent started collecting the emails of these men (and in so doing discovered the meeting), or still hasn’t.

Once again, whatever else the dumbass son did by releasing this email, he has helped to prove, once and for all, that Obama did not “tapp” Trump’s campaign.

Are Trump’s Associates Forgoing Lawyers because They Expect Pardons?

One of the numerous topics over which Attorney General Jeff Sessions invoked non-executive executive privilege when he testified earlier this month was whether the Trump Administration has started discussing pardoning those who might be criminally exposed for their ties with Russia.

WARNER: To your knowledge, have any Department of Justice officials been involved with conversations about any possibility of presidential pardons about any of the individuals involved with the Russia investigation?

SESSIONS: Mr. Chairman, I’m not able to comment on conversations with high officials within the white house. That would be a violation of the communications rule that I have to —

WARNER: Just so I can understand, is the basis of that unwilling to answer based on executive privilege?

SESSIONS: It’s a long standing policy. The department of justice not to comment on conversations that the attorney general had with the president of the united States for confidential reasons that rounded in the coequal branch.

WARNER: Just so I understand, is that mean you claim executive privilege?

SESSIONS: I’m not claiming executive privilege because that’s the president’s power and I have no power there.

WARNER: What about conversations with other Department of Justice or White House officials about potential pardons? Not the president, sir.

SESSIONS: Without in any way suggesting I had any conversations concerning pardons, totally apart from that, there are privileges of communication within the department of justice that we share all of us do. We have a right to have full and robust debate within the Department of Justice and encourage people to speak up and argue cases on different sides. Those arguments are not — historically we have seen they shouldn’t be revealed.

WARNER: I hope you agree since you recused yourself that if the president or others would pardon someone during the midst of this investigation while our investigation or Mr. Mueller’s investigation, that would be problematic.

After I watched this testimony I predicted Trump would pardon someone — probably Mike Flynn — within three months of the day I made the prediction (which was roughly June 14).

I said that, in part, because of Sessions’ sheer arrogance when he was providing obviously false answers (most especially to Kamala Harris). Sessions had the giddy look of someone who knew he’d get away with whatever he was pulling, even beyond the kind of a look you’d expect from a southern white man talking to a woman of color.

But I also say that because some of the people most exposed in this affair have had at least initial conversations with the FBI without a lawyer. That’s true of Mike Flynn in his first interview with the FBI at the White House. (Flynn has since retained Robert Kelner.)

WHITEHOUSE: Do you know where that interview took place or under what circumstances?

YATES: I believe it took place at the White House.

WHITEHOUSE: The Flynn interview?

YATES: Yes.

WHITEHOUSE: OK. Do you know if Flynn was represented by council at the time?

YATES: I don’t believe he was.

And — according to a new WaPo story — that’s true of the 10 hours of questioning that Carter Page underwent in March.

Over a series of five meetings in March, totaling about 10 hours of questioning, Page repeatedly denied wrongdoing when asked about allegations that he may have acted as a kind of go-between for Russia and the Trump campaign, according to a person familiar with Page’s account.

The interviews with the FBI are the most extensive known questioning of a potential suspect in the probe of possible Russian connections to associates of President Trump. The questioning of Page came more than a month before the Russian investigation was put under the direction of Special Counsel Robert S. Mueller III.

Page confirmed Monday that the interviews occurred, calling them “extensive discussions.” He declined to say if he’s spoken to investigators since the March interviews.

[snip]

Because it is against the law for an individual to lie to FBI agents about a material issue under investigation, many lawyers recommend their clients not sit for interviews with the bureau without a lawyer present. Page said he spoke without a lawyer and wasn’t concerned about the risks because he told the truth.

Now, it may be that after getting these men to incriminate themselves, the FBI encouraged them to lawyer up so they could be flipped. Certainly, Sheldon Whitehouse appears to believe Flynn has done just that.

Still, the kind of arrogance that would lead men as exposed as they are to forgo a lawyer makes me wonder whether they’ve already been promised pardons?

Update: Meanwhile, the most likely Trump associate to get a pardon, father of his grandchildren Jared Kushner, just hired Abbe Lowell, while still retaining Jamie Gorelick.

Sessions Recusal: Election And/Or Russia?

Back when Jeff Sessions recused from the investigation into Trump, I noted that it was actually fairly narrow. He recused from election-related issues, but said nothing about Russia.

[T]he only thing he is recusing from is “existing or future investigations of any matters related in any way to the campaigns for President of the United States.”

There are two areas of concern regarding Trump’s ties that would not definitively be included in this recusal: Trump’s long-term ties to mobbed up businessmen with ties to Russia (a matter not known to be under investigation but which could raise concerns about compromise of Trump going forward), and discussions about policy that may involve quid pro quos (such as the unproven allegation, made in the Trump dossier, that Carter Page might take 19% in Rosneft in exchange for ending sanctions against Russia), that didn’t involve a pay-off in terms of the hacking. There are further allegations of Trump involvement in the hacking (a weak one against Paul Manafort and a much stronger one against Michael Cohen, both in the dossier), but that’s in no way the only concern raised about Trump’s ties with Russians.

Which is why I was so interested that Jim Comey emphasized something else in his testimony (see this post on this topic) — issues pertaining to Russia. [my emphasis throughout]

We concluded it made little sense to report it to Attorney General Sessions, who we expected would likely recuse himself from involvement in Russia-related investigations. (He did so two weeks later.)

This came up in his hearing yesterday, as well. First Wyden asked why Sessions was involved in Comey’s firing if he got fired for continuing to investigate Mike Flynn’s ties to Russia.

WYDEN: Let me turn to the attorney general. In your statement, you said that you and the FBI leadership team decided not to discuss the president’s actions with Attorney General Sessions, even though he had not recused himself. What was it about the attorney general’s interactions with the Russians or his behavior with regard to the investigation that would have led the entire leadership of the FBI to make this decision?

COMEY: Our judgment, as I recall, is that he was very close to and inevitably going to recuse himself for a variety of reasons. We also were aware of facts that I can’t discuss in an opening setting that would make his continued engagement in a Russia-related investigation problematic. So we were convinced — in fact, I think we’d already heard the career people were recommending that he recuse himself, that he was not going to be in contact with Russia-related matters much longer. That turned out to be the case.

WYDEN: How would you characterize Attorney General Sessions’s adherence to his recusal? In particular, with regard to his involvement in your firing, which the president has acknowledged was because of the Russian investigation.

COMEY: That’s a question I can’t answer. I think it is a reasonable question. If, as the president said, I was fired because of the Russia investigation, why was the attorney general involved in that chain? I don’t know.

Then Kamala Harris asked whether there had been any official guidance on recusal.

HARRIS: Thank you. As a former attorney general, I have a series of questions in connection with your connection with the attorney general while you were FBI director. What is your understanding of the parameters of Attorney General Sessions’ recusal from the Russia investigation?

COMEY: I think it’s described in a written release from DOJ which I don’t remember sitting here but the gist is he will be recused from all matters relating to Russia or the campaign. Or the activities of Russia and the ’16 election or something like that.

HARRIS: So, is your knowledge of the extent of the recusal based on the public statements he’s made?

COMEY: Correct.

HARRIS: Is there any kind of memorandum issued from the attorney general to the FBI outlining the parameters of his recusal?

COMEY: Not that I’m aware of.

In every comment, Comey emphasized the Russian aspect. Indeed, most of his comments only mention Russia; just one instance mentions the election.

Indeed, yesterday’s hearing made it clear that Comey believed Sessions should be recused from Russia-related issues because of unclassified issues that include his undisclosed two (now three) conversations with Russian Ambassador Sergey Kislyak.

After yesterday’s hearing, DOJ issued a statement (reproduced in its entirely below), and also released an email that appears to serve as the written guidance on Sessions’ recusal. Yesterday’s statement makes the limitation to election-related issues even more explicit.

Given Attorney General Sessions’ participation in President Trump’s campaign, it was for that reason, and that reason alone, the Attorney General made the decision on March 2, 2017 to recuse himself from any existing or future investigations of any matters related in any way to the campaigns for President of the United States.

So while the email directive does state Sessions’ recusal “extends to Department responses to Congressional and media inquiries related to any such investigations,” not a single thing from DOJ ever mentions the word Russia.

There are actually many important potential implications of this.

It may mean, for example, that Sessions feels he had every right to help Trump fire Comey for his aggressive investigation in Russian issues — even in spite of the fact that his own actions may be reviewed in the Russian investigation — because the Flynn investigation pertained to issues that happened after the election.

More alarmingly, it may mean that there will be a squabble about the scope of Robert Mueller’s special counsel investigation, which has already started digging into matters of Russian corruption that go back years, because Rod Rosenstein overstepped the scope of his own authority based on the limits of Sessions’ recusal.

Jim Comey thinks that as soon as February 14, it was clear that Sessions had to recuse from Russian related issues. Instead (all the evidence suggests) he recused only from election related issues.

The difference in understanding here is troubling.

Update: A friend notes that Jeff Sessions basically relied on Rod Rosenstein’s letter in recommending Trump fire Comey.

[F]or the reasons expressed by the Deputy Attorney General in the attached memorandum, I have concluded that a fresh start is needed at the leadership of the FBI.

The friend suggested that because Comey’s actions implicated the election, that means Sessions intervened in matter pertaining to the election (albeit for Trump’s opponent).

I’m not so sure. The phrasing of Rosenstein’s letter here is critical. Democrats may be angry at Comey for reopening the investigation (and sending a sure-to-leak letter to a stable of GOP Committee Chairs) days before the election. So to Democrats, Comey’s handing of the Hillary investigation pertains to the election.

But Rosenstein frames the issue in terms of “usurp[ing] the Attorney General’s authority” and “supplant[ing] federal prosecutors and assum[ing] control of the Justice Department.” While Rosenstein cites Eric Holder and Donald Ayer describing how Comey’s actions violated long-standing policies pertaining to comments in advance of elections, the Deputy Attorney General himself pitches it as insubordination.

Update: On Twitter Charlie Savage suggested the scope of the recusal could be taken from the language of Comey’s confirmation of the investigation in a HPSCI hearing on March 20, arguing that on March 2, when Sessions recused, the investigation and its ties to campaign members who spoke to Russians had not yet been disclosed.

I have been authorized by the Department of Justice to confirm that the FBI, as part of our counterintelligence mission, is investigating the Russian government’s efforts to interfere in the 2016 presidential election and that includes investigating the nature of any links between individuals associated with the Trump campaign and the Russian government and whether there was any coordination between the campaign and Russia’s efforts. As with any counterintelligence investigation, this will also include an assessment of whether any crimes were committed.

Except this statement says nothing about Jeff Sessions’ recusal, and in Thursday’s testimony, Comey said he was unaware of a memo aside from Sessions public statement. As noted above, the email that DOJ has now pointed to says nothing about Russia.

Plus, even if the recusal originally intended to include the secret Russia investigation, the statement written on Thursday, very clearly in response to Comey’s testimony and repeated claims that Sessions had to recuse from Russia-related issues, said the only reason Sessions recused was because of the campaign tie. And as I noted in my original post on the scope of Sessions’ recusal, he played games in his admission of conversations with Sergey Kislyak as to whether they pertained to Russia.

Update: In a March 6 letter to SJC claiming he didn’t need to correct his false testimony on conversations with Sergey Kislyak, Sessions said that his recusal should cover Russian contacts with the Trump transition and administration.

The March 3, 2017, letter also asked why I had not recused myself from “Russian contacts with the Trump transition team and administration.” I understand the scope of the recusal as described in the Department’s press release would include any such matters.

This would seem to conflict with Thursday’s statement.

______________________________________________________________________________

FOR IMMEDIATE RELEASE

THURSDAY, JUNE 8, 2017

DEPARTMENT OF JUSTICE ISSUES STATEMENT ON TESTIMONY OF FORMER FBI DIRECTOR JAMES COMEY

 

WASHINGTON – In response to testimony given today by former FBI Director James Comey, Department of Justice Spokesman Ian Prior issued the following statement:

  • Shortly after being sworn in, Attorney General Sessions began consulting with career Department of Justice ethics officials to determine whether he should recuse himself from any existing or future investigations of any matters related in any way to the campaigns for President of the United States.

Those discussions were centered upon 28 CFR 45.2, which provides that a Department of Justice attorney should not participate in investigations that may involve entities or individuals with whom the attorney has a political or personal relationship. That regulation goes on to define “political relationship” as:

“[A] close identification with an elected official, a candidate (whether or not successful) for elective, public office, a political party, or a campaign organization, arising from service as a principal adviser thereto or a principal official thereof ***”

Given Attorney General Sessions’ participation in President Trump’s campaign, it was for that reason, and that reason alone, the Attorney General made the decision on March 2, 2017 to recuse himself from any existing or future investigations of any matters related in any way to the campaigns for President of the United States.

  • In his testimony, Mr. Comey stated that he was “not *** aware of” “any kind of memorandum issued from the Attorney General or the Department of Justice to the FBI outlining the parameters of [the Attorney General’s] recusal.” However, on March 2, 2017, the Attorney General’s Chief of Staff sent the attached email specifically informing Mr. Comey and other relevant Department officials of the recusal and its parameters, and advising that each of them instruct their staff “not to brief the Attorney General *** about, or otherwise involve the Attorney General *** in, any such matters described.”
  • During his testimony, Mr. Comey confirmed that he did not inform the Attorney General of his concerns about the substance of any one-on-one conversation he had with the President. Mr. Comey said, following a morning threat briefing, that he wanted to ensure he and his FBI staff were following proper communications protocol with the White House. The Attorney General was not silent; he responded to this comment by saying that the FBI and Department of Justice needed to be careful about following appropriate policies regarding contacts with the White House.
  • Despite previous inaccurate media reports, Mr. Comey did not say that he ever asked anyone at the Department of Justice for more resources related to this investigation.
  • In conclusion, it is important to note that after his initial meeting with career ethics officials regarding recusal (and including the period prior to his formal recusal on March 2, 2017), the Attorney General has not been briefed on or participated in any investigation within the scope of his recusal.

# # #

17-631

Two Data Points on Jared Kushner

I wanted to pull out two data points in this profile of Jared Kushner, completed in the wake of the WaPo story that Kushner attempted to set up a back channel with Russia.

First, as other stories have, this one blames Kushner for encouraging Trump to fire Jim Comey.

But in recent weeks, the Trump-Kushner relationship, the most stable partnership in an often unstable West Wing, is showing unmistakable signs of strain.

That relationship had already begun to fray a bit after Mr. Trump’s dismissal of the F.B.I. director, James B. Comey, which Mr. Kushner had strongly advocated, and because of his repeated attempts to oust Stephen K. Bannon, Mr. Trump’s chief strategist, as well as the president’s overburdened communications team, especially Sean Spicer, the press secretary.

[snip]

Other times, he serves as a goad, as he did in urging Mr. Comey’s ouster and assuring Mr. Trump that it would be a political “win” that would neutralize protesting Democrats because they had called for Mr. Comey’s ouster over his handling of Hillary Clinton’s use of a private email server, according to six West Wing aides.

I’ve pointed out before how the investigation into Mike Flynn might, with his cooperation, put Kushner at risk. But I’m interested in the new detail that Kushner assured his father that Democrats would love the firing of Comey because of Comey’s handling of the Hillary investigation.

I can see how a dummie might believe that. But I’m at least as interested in how pitching that theory for Comey’s firing implicated Rod Rosenstein, insofar as he wrote a letter providing the fig leaf Hillary-based justification for the firing, and thereby led to the naming of Robert Mueller. Rosenstein is still the Acting Attorney General for the Russia investigation now looking more closely at Kushner, and Kushner has effectively already compromised him.

Amid its larger narrative that Kushner and Trump actually haven’t been that close all that long, the NYT also reminds that Kushner got a lot of credit from his father-in-law for reviving the digital aspect of the campaign.

Mr. Kushner’s reported feeler to the Russians even as President Barack Obama remained in charge of American foreign policy was a trademark move by someone with a deep confidence in his abilities that critics say borders on conceit, people close to him said. And it echoes his history of sailing forth into unknown territory, including buying a newspaper at age 25 and developing a data-analytics program that he has said helped deliver the presidency to his father-in-law.

[snip]

Despite the perception that he is the one untouchable adviser in the president’s inner circle, Mr. Kushner was not especially close to his father-in-law before the 2016 campaign. The two bonded when Mr. Kushner helped to take over the campaign’s faltering digital operation and to sell a reluctant Rupert Murdoch, the chairman of Fox News’s parent company, on the viability of his father-in-law’s candidacy by showing him videos of Mr. Trump’s rally during a lunch at Fox headquarters in mid-2015.

There lots of reasons to look askance at Trump’s data program, even before you consider that it was so central in a year where Trump’s opponent got hacked. So I find it notable (which is where I’ll leave it, for now) that Kushner’s role in the digital side of the campaign was so central to his perceived closeness to Trump.

Ultimately, I keep noting that Kushner hasn’t really been part of the Trump family for that long — just eight years. While I certainly believe Trump looks on the father of his grandchildren as part of the family, I’m not sure how much real vetting they’ve done of him (and with this crowed, everyone is corrupt in any case).

It will be interesting to see, going forward, what bases for mutual loyalty — such as it exists between these two men — there are.

Sheldon Whitehouse and the Russia Investigation Deconfliction

Laura Rozen has me worried.

She pointed to this CNN article — posted sometime this afternoon — describing Sheldon Whitehouse’s worries that the scope of the DOJ inquiry into Trump and Russia might conflict with the Congressional inquiries.

Sen. Sheldon Whitehouse, the top Democrat on a Judiciary subcommittee, told CNN Thursday that it’s possible Flynn is cooperating with the Justice Department — and that Capitol Hill has not been kept in the loop. He warned that congressional probes that have subpoenaed Flynn for records could undercut Mueller’s investigation if the former national security adviser is secretly working with the Justice Department as part of its broader investigation into possible collusion between Russian officials and Trump associates during the campaign season.

“There is at least a reasonable hypothesis that Mike Flynn is already cooperating with the DOJ investigation and perhaps even has been for some time,” said Whitehouse, a Rhode Island Democrat.

Whitehouse added he had no direct evidence to suggest that Flynn is cooperating with the Justice Department. But he said there is circumstantial evidence to suggest that it could be the case, saying Mueller must immediately detail the situation to “deconflict” with probes on the Hill to “make sure that congressional investigations aren’t inadvertently competing with DOJ criminal investigations.”

[snip]

The Rhode Island Democrat said there are number of factors that suggest Flynn is working the Justice Department in its probe. He pointed out that “all reporting indicates they’ve got him dead to rights on a false statement felony” in his private interview with the FBI over his conversations last year with Russian Ambassador Sergey Kislyak. He also noted that Flynn has gone silent and retroactively signed on as a foreign agent to Turkey. And he noted that a federal grand jury has been summoned and has issued subpoenas to Flynn associates.

“So none of that proves anything but it’s all consistent with the hypothesis that he’s already cooperating,” Whitehouse told CNN.

“But that’s certainly a hypothetical case of a time when we do need need this de-confliction apparatus in place to make sure that congressional investigations aren’t inadvertently competing DOJ criminal investigations.”

Now, in point of fact, that deconfliction has already happened — or at least started. That’s what a May 11 meeting between Rod Rosenstein, Richard Burr, and Mark Warner was described as at the time.

Rosenstein was tight-lipped as he entered and emerged from a secure facility Thursday on Capitol Hill, where he huddled with Senate Intelligence Committee Chairman Richard Burr (R-N.C.) and Vice Chairman Mark R. Warner (D-Va.). The senators said the meeting had been scheduled before Comey’s ouster to discuss “deconfliction” — keeping the FBI’s and committee’s investigations of alleged ties between the Trump campaign and the Russian government from stepping on each other’s toes.

According to reports, the meeting was scheduled before the Jim Comey ouster, so it should reflect the scope of what he was investigating, and therefore presumably resembles the scope of what Robert Mueller will investigate.

But there are three reasons why Whitehouse might be justified in worrying that Congress might fuck up what DOJ is investigating.

Obviously, the first is Mueller: the Comey firing might have reflected some new investigative approach (including Flynn immunity), or Mueller, because of the firing, might be scoping the investigation differently.

A second is jurisdiction. Whitehouse and Lindsey Graham have assumed jurisdiction over the Russia investigation for their subcommittee — and the Senate Judiciary Committee obviously should oversee the FBI. So it may be that former US Attorney Sheldon Whitehouse wants to have a deconflicting conversation for himself, because he knows how investigations work (and for all we know is getting tips from DOJ).

The other is another announcement from this afternoon: that the Senate Intelligence Committee had voted to give Chair Richard Burr and Vice Chair Mark Warner the ability to issue subpoenas themselves going forward, without consulting the committee.

The leaders of the Senate Intelligence Committee now have broad authority to issue subpoenas in the Russia investigation without a full committee vote, Chairman Richard Burr (R-N.C.) said Thursday.

The panel voted unanimously to give Burr and Vice Chairman Mark Warner (D-Va.) the blanket authority for the duration of the investigation into Russia’s election meddling and possible collusion with President Trump’s campaign.

The two Senate leaders must be in agreement in order to issue an order.

Now, as the article notes, thus far, the committee has asked for documents, not testimony. My suspicion is this might have more to do with ensuring Comey’s testimony — promised after Memorial Day — is “compelled” in such a way that DOJ can’t object.

Nevertheless, the power to subpoena does grant someone (like former Trump National Security Advisor Richard Burr) the ability to fuck with the DOJ investigation by potentially working at cross-purposes. To grant immunity (and therefore to fuck up the investigation as happened in Iran-Contra), I think Burr would still need the support of the committee.

Still, this still gives Burr far more power to thwart the investigation, with only Mark Warner (who unlike Whitehouse has never been a prosecutor) to prevent it.

In theory, I think Whitehouse is just pushing for jurisdiction (and for the ability to demand the same kind of deconfliction conversation Burr and Warner have gotten).

But upon reflection, I don’t think his concerns are entirely unjustified.

In any case, I trust Whitehouse (with whatever leftover ties he has to DOJ) to do this review more than Mark Warner.

Update: Burr told Bloomberg he has had a deconfliction conversation with Mueller.

Senate Intelligence Chairman Richard Burr, a Republican from North Carolina, said he has contacted Mueller to discuss their parallel probes of Russian meddling.

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