George Papadopoulos Was Trying to Hide Evidence He Thought Might Amount to Treason When He Lied to the FBI

Chuck Ross’ description of a September 2016 conversation between Stefan Halper and George Papadopoulos has evolved over the course of his reporting on it. In March, he described it this way:

According to a source with knowledge of the meeting, Halper asked Papadopoulos: “George, you know about hacking the emails from Russia, right?”

Papadopoulos told Halper he didn’t know anything about emails or Russian hacking, said the source, who spoke on the condition of anonymity due to the sensitivity of the investigations into Russian meddling in the 2016 campaign. The professor did not follow up on the line of inquiry.

In his next story on the exchange, Ross described it this way:

Sources familiar with Papadopoulos’s version of their meetings said Halper randomly asked Papadopoulos whether he knew about Democratic National Committee emails that had been hacked and leaked by Russians.

Papadopoulos strongly denied the allegation, sources familiar with his version of the exchange have told TheDCNF. Halper grew agitated and pressed Papadopoulos on the topic. Papadopoulos believes that Halper was recording him during some of their interactions, sources said.

The very next day, here’s how Ross described it:

During one of their dinners, Halper asked Papadopoulos whether he was involved in the Russian theft of Democrats’ emails, sources familiar with Papadopoulos’ account have told TheDCNF. Papadopoulos denied the allegation, saying that stealing emails would be treason.

Halper grew frustrated, according to sources.

This is the first story in this series where Ross describes what Papadopoulos pled guilty to, but he gets it wrong in a key way I’ll describe below.

Finally, Ross offers yet another description in a new story today.

Sources familiar with Papadopoulos’ version of events say that during one conversation, Halper asked Papadopoulos whether he was involved in the release of DNC emails. Papadopoulos denied it, telling Halper that hacking emails would be treason. Halper grew frustrated, according to the sources.

Today’s story claims we don’t know what Alexander Downer told FBI. We do know one detail he omitted: That Downer told the FBI that Papadopoulos told him Mifsud said the Russians were going to release the emails to help Trump.

Now, as I said, in yesterday’s story, Ross described the substance of the lies Papadopoulos told the FBI slightly wrong.

Papadopoulos has pleaded guilty to lying to the FBI about the timing of his encounters with Mifsud and two Russian nationals. He did, however, tell the FBI in his initial interviews that Mifsud mentioned Clinton documents.

Ross leans on his misunderstanding of Papadopoulos’ guilty plea to argue today that FBI should have interviewed Papadopoulos back in August, rather than ask a lifelong Republican to ask the same questions while hiding the FBI interest.

Papadopoulos has pleaded guilty to the special counsel’s office for lying to the FBI during that interview. As part of his plea deal, Papadopoulos admitted he lied about the timing of his interactions with two Russian nationals and a Maltese professor named Joseph Mifsud. Papadopoulos initially told FBI agents that the contacts occurred prior to joining the Trump campaign when, in fact, they occurred after he learned that he would be joining the Trump campaign in March 2016.

FBI defenders could point to Papadopoulos’ deception in the January 2017 interview to argue that he would have lied had he been questioned earlier in Crossfire Hurricane. But that argument is undercut by what else Papadopoulos said in his FBI interview.

According to a statement of offense Special Counsel Robert Mueller filed, Papadopoulos told FBI agents that Mifsud mentioned the stolen Clinton emails.

And sources familiar with Papadopoulos’s version of the FBI interview say he claims that he, and not the FBI agents, first mentioned Mifsud during the interview, which was conducted in Chicago without lawyers present.

That is, Ross argues that because Papadopoulos offered up that he met a weird guy named Mifsud who told him the Russians were offering dirt in the form of Hillary emails, he could be trusted to have been honest had the FBI asked him in August.

As I said, though, Ross’ first description of Papadopoulos’ guilty plea is wrong in several ways. Ross hides how important Papadopoulos said Mifsud seemed; the FBI describes Papadopoulos claiming Mifsud was just BSing. The former Trump aide similarly denied having any relationship with the Russian woman Mifsud introduced him to. Both those details make Papadopoulos’ lies about the timing more important: he lied about how important he believed these two were and he lied about the way their outreach to him tied to his role on the campaign.

In Ross’ first description of his plea, however, he suggested that Papadopoulos affirmatively lied “about the timing of his encounters with Mifsud and two Russian nationals,” the second of whom we know to be Ivan Timofeev. That’s wrong. In the first interview, Papadopoulos (successfully) hid the entire existence of Timofeev. That’s key because Papadopoulos was forwarding communications from Timofeev, a Russian official, talking about setting up meetings with campaign officials. He was forwarding these emails to the campaign in the weeks leading up to the June 9 meeting. Indeed, Papadopoulos told Timofeev that Trump’s first campaign speech was a sign that the candidate was willing to meet. By hiding Timofeev, Papadopoulos was hiding high level campaign knowledge of the outreach (including Paul Manafort).

Ross fails to mention another damning thing the purportedly forthcoming Papadopoulos did the day after his second FBI interview: delete his Facebook account, and with it his communications with Timofeev, and get a new cell phone, presumably destroying secure communications.

There is no way Papadopoulos would have been any more honest with FBI in August 2016 than he was in January.

And if the third and fourth version of Ross’ description of the Halper-Papadopoulos exchange is any indication, then it’s very clear why Papadopoulos would have always lied about the communications: because he considered the very same kind of back and forth with Russians tied to the email release treason.

Papadopoulos was trying to cover up evidence he thought might prove treason.

The Flynn Conspiracy Call Is Coming from Inside the [White] House

Maggie and Mike have another of their “scoops” where they repeat what Trump’s lawyers tell them uncritically. In addition to mis-reporting the import of an alleged Mueller comment that he would release a report describing Trump’s obstruction within 2 months of mid-terms, the piece describes some letters Trump’s lawyers sent DOJ in an attempt to exonerate Trump. Among the topics addressed in the letters was whether it was obstruction for Trump to fire Comey because he wouldn’t stop the investigation into Mike Flynn.

The lawyers did not say whether Mr. Trump had asked for an end to the Flynn investigation. But their letters cited statements by the White House that denied Mr. Comey’s account.

The lawyers also argued that Mr. Trump could not have impeded the investigation because there was no inquiry to obstruct. The letter said that the F.B.I. had concluded that Mr. Flynn had not committed a crime when he told agents in January 2017 that he did not discuss sanctions with the Russian ambassador during the transition, an assertion later found to be false.

The lawyers said that law enforcement officials had told the White House that the bureau did not believe Mr. Flynn had lied. “For all intents, purposes and appearances, the F.B.I. had accepted Flynn’s account; concluded that he was confused but truthful; decided not to investigate him further; and let him retain his clearance,” the letters said.

It is not clear what basis his lawyers have for those assertions. Mr. Flynn pleaded guilty in December to lying to investigators and is cooperating with the special counsel inquiry.

The letters also said that Mr. Comey had told Congress in a closed-door briefing in March 2017 that Mr. Flynn had not lied to the F.B.I. in the interview and was merely confused. Mr. Comey said last month on NBC’s “Meet the Press” that that assertion was not accurate.

On top of revealing that Trump’s lawyers apparently do not deny that Trump asked Comey to back off the Flynn investigation (even if they contest Comey’s take more generally), these letters make it clear that a conspiracy the frothy right has adopted lately — that Flynn should never have been investigated — is coming from inside the White House.

That scoop is useful, then, for making it clear where dumb propaganda (and Congressional pushback)  is originating.

But Maggie and Mike barely mention how obviously problematic the Trump story is. Trump’s lawyers apparently argued to DOJ that the Trump couldn’t have obstructed any investigation by firing Comey because, “there was no inquiry to obstruct.” They support that claim by stating, “Mr. Comey had told Congress in a closed-door briefing in March 2017 that Mr. Flynn had not lied to the F.B.I. in the interview and was merely confused.”

Never mind that this claim ignores that there was already a counterintelligence investigation into Flynn when he was incidentally collected assuring Sergey Kislyak that the Trump Administration would work with Russia on sanctions. That investigation was premised on events that included a meeting with Kislyak in the Ambassador’s private residence in 2015, in advance of his trip to the big RT shindig, that Flynn’s spawn considered “very productive.”

But per the HPSCI Russia report, it’s a misstatement of what Comey actually told Congress in March 2017. That report says,

Director Comey testified to the Committee that “the agents … discerned no physical indications of deception. They didn’t see any change in posture, in tone, in inflection, in eye contact. They saw nothing that indicated to them that he knew he was lying to them.”

Indeed, the White House version doesn’t even cohere with the story spun by Chuck Grassley in a recent effort to grill an FBI agent involved.

According to that agent’s contemporaneous notes, Director Comey specifically told us during that briefing that the FBI agents who interviewed Lt. General Michael Flynn, “saw nothing that led them to believe [he was] lying.” Our own Committee staff’s notes indicate that Mr. Comey said the “agents saw no change in his demeanor or tone that would say he was being untruthful.”

In both versions offered by very partisan Republicans, the FBI agents talked about physical signs of deceit. The HPSCI report goes on to make clear that the same agents also recognized Flynn’s statements in the interview were “inconsistent” with the call intercept.

Yet somehow Trump’s lawyers decided to claim to DOJ that FBI concluded Flynn was just confused, a claim that apparently conflicts with evidence from at least 5 current or former DOJ employees currently unaffiliated with the Mueller probe, including Sally Yates, from whom the White House first obtained information about the Flynn interview.

There’s a lot more that’s crazy about Trump’s lawyers’ efforts to invent a story inconsistent with all known records. First, relying on a still classified HPSCI report makes it crystal clear (as if it wasn’t already) that HPSCI is sharing classified information with the White House. The logic of this claim is that Comey’s contemporaneous spoken statements to numerous DOJ officials should be dismissed but his spoken statements to Congress are credible. Leaking this story makes it clear that the White House is behind the worst conspiracies floating among the far right.

But, if the NYT portrayal of the letter is accurate, it also shows that in an attempt to explain away Trump’s actions, the White House is inventing facts. Inventing easily checked facts seems like a really curious strategy to proclaim someone’s innocence.

Nunes Outraged that [American] Spies Paid to Brush Up against Trump Aides

I just saw this Devin Nunes quote, from a WaPo story on the fight over releasing details on Stefan Halper investigative activities into the infiltration of Trump’s campaign by Russian assets.

Nunes said he and his colleagues have been troubled by reports and indications that sources may have been repeatedly reaching out to Trump campaign members and even offering aides money to encourage them to meet. The president, he said, has ample reason to be angry and suspicious.

“If you are paying somebody to come talk to my campaign or brush up against my campaign, whatever you call it, I’d be furious,” Nunes said.

The reference to “paying somebody” is presumably a reference to Halper paying George Papadopoulos $3,000 for research as a way to get an opportunity to ask, in a possibly recorded phone call, about the DNC emails.

As TheDCNF reported back in March, Halper contacted Papadopoulos through email on Sept. 2, 2016, offering to fly him to London to discuss writing a policy paper about energy issues in Turkey, Israel and Cyprus. Halper offered to pay $3,000 for the paper.

Papadopoulos made the trip and had dinner multiple times with Halper and a Turkish woman described as his assistant. Sources familiar with Papadopoulos’s version of their meetings said Halper randomly asked Papadopoulos whether he knew about Democratic National Committee emails that had been hacked and leaked by Russians.

Papadopoulos strongly denied the allegation, sources familiar with his version of the exchange have told TheDCNF. Halper grew agitated and pressed Papadopoulos on the topic. Papadopoulos believes that Halper was recording him during some of their interactions, sources said.

Halper’s assistant, who is named Azra Turk, brought up Russians and emails over drinks with Papadopoulos. Turk also flirted heavily with Papadopoulos and attempted to meet him in Chicago, where he lives, a source told TheDCNF.

I’d be curious to see Papadopoulos’ notoriously inflated resume to see whether he included the research project on it after he completed it.

That Nunes thinks Trump should be outraged about this one incident is particularly notable, given that neither Nunes nor anyone else running cover for the Trump administration has ever expressed similar outrage about all the Trump aides that other countries were dangling money and other goods to brush up against. Those include (and this list is far from comprehensive):

  • Russian academics paying Carter Page to speak in Moscow
  • A pro-Russian Syrian group paying Don Jr to speak in Paris
  • Multiple Russian banks floating massive amounts of support to Jared
  • Russia’s RT paying Mike Flynn to appear at an event with Putin
  • Turkish pass-throughs paying Flynn to make a movie
  • Saudi, Israeli, and Emirati sources offering campaign assistance
  • Oleg Deripaska offering to forgive Paul Manafort’s $20 million debt for updates on the Trump campaign
  • Russians offering dirt on Hillary to get a meeting with Trump’s campaign manager, son, and son-in-law

I mean, even the Carter Page Moscow trip was more lucrative than the Papadopoulos research. And the other valuable things offered to campaign aides, by spooked-up sources from a range of countries, were tens or millions of dollars more valuable than what Halper offered, usually without any legit purpose tied to it.

And yet the only intelligence source that Nunes has expressed any outrage about — the only one! — is one associated with the United States, a person with long ties to the Republican party.

I mean, maybe Nunes is just dumb and doesn’t understand the stance he has now publicly adopted. Maybe he didn’t mean to say the only spies who shouldn’t be able to test whether Trump aides were willing to sell information for a price are American spies.

But thus far, the only lucrative outreach by spies that Nunes has objected to are American ones.

Does Devin Nunes’ Unmasking Pseudo-Scandal Betray Knowledge of the “Collusion” with the Saudis and Emirates?

When Mike Flynn’s plea deal revealed that he lied about efforts to stave off criticism of Israel’s illegal settlements, I noted that that (and the efforts to cozy up to Saudi Arabia and UAE) was what the unmasking panic was probably about.

The most public confirmed unmasking involved Susan Rice discovering that Sheikh Mohammed bin Zayed al-Nahyan had a secret meeting with Flynn, Kushner, and Bannon in NY.

Former national security adviser Susan Rice privately told House investigators that she unmasked the identities of senior Trump officials to understand why the crown prince of the United Arab Emirates was in New York late last year, multiple sources told CNN.

The New York meeting preceded a separate effort by the UAE to facilitate a back-channel communication between Russia and the incoming Trump White House.
The crown prince, Sheikh Mohammed bin Zayed al-Nahyan, arrived in New York last December in the transition period before Trump was sworn into office for a meeting with several top Trump officials, including Michael Flynn, the president’s son-in-law, Jared Kushner, and his top strategist Steve Bannon, sources said.

But we now know that there would be intercepts between Netanyahu and Kushner leading up to it.

I wouldn’t even be surprised if the Republicans are so certain they’ve been unmasked because Israel has their own way of discovering such things.

I’ve laid out how Jared Kushner’s “peace” “plan” really is just an attempt to remap the Middle East to the interests of Israel and Saudi Arabia, interests which require significantly more belligerence against Iran than Obama showed. The unmasked discussions would include the ones that preceded Kushner’s order to Flynn to try to undercut the resolution, as well as whatever else Kushner discussed with Netanyahu at the time.

Today’s NYT scoop revealing that the Trump campaign colluded not just with Russians, but also Saudis, Emirates, and Israelis explain why the discovery of the later meetings was so dangerous: because it would reveal other efforts Trump made to sell out American foreign policy.

Three months before the 2016 election, a small group gathered at Trump Tower to meet with Donald Trump Jr., the president’s eldest son. One was an Israeli specialist in social media manipulation. Another was an emissary for two wealthy Arab princes. The third was a Republican donor with a controversial past in the Middle East as a private security contractor.

The meeting was convened primarily to offer help to the Trump team, and it forged relationships between the men and Trump insiders that would develop over the coming months — past the election and well into President Trump’s first year in office, according to several people with knowledge of their encounters.

Erik Prince, the private security contractor and the former head of Blackwater, arranged the meeting, which took place on Aug. 3, 2016. The emissary, George Nader, told Donald Trump Jr. that the crown princes who led Saudi Arabia and the United Arab Emirates were eager to help his father win election as president. The social media specialist, Joel Zamel, extolled his company’s ability to give an edge to a political campaign; by that time, the firm had already drawn up a multimillion-dollar proposal for a social media manipulation effort to help elect Mr. Trump.

[snip]

It is unclear whether such a proposal was executed, and the details of who commissioned it remain in dispute. But Donald Trump Jr. responded approvingly, according to a person with knowledge of the meeting, and after those initial offers of help, Mr. Nader was quickly embraced as a close ally by Trump campaign advisers — meeting frequently with Jared Kushner, Mr. Trump’s son-in-law, and Michael T. Flynn, who became the president’s first national security adviser.

This puts the unmasking panic — and Devin Nunes’ role in it — in entirely new light. It’s not just that Seychelles meeting in the transition period — it’s this earlier meeting, where a bunch of autocrats got the candidate’s son to agree to collude on the election.

Which makes me wonder, how would Trump Transition Official Devin Nunes know that? When Nunes manufactured a totally bogus unmasking scandal, did he know of these earlier meetings showing illegal collusion?

Update: I realize, now, that Nunes’ unmasking panic may actually have served as a giant red flag for Mueller that there were aspects of the Trump team’s dealings with UAE and Israel that were of acute concern to the team. Well done Devin!

Re: The Bogus Manafort Challenge To Mueller’s Jurisdiction

I said from the outset that the Manafort challenges to Mueller’s authority, both in DC District and Eastern District of Virginia were bogus and ill taken. Not that his attorneys should be faulted for protecting that record for later appeal, that is simply what decent criminal defense lawyers do. But the siamesed motions were never the compelling “legitimate question” the press made them out to be. Even taking into account the cantankerous probing of Judge T.S. Ellis in EDVA at oral argument on May 4, 2018, the claims of Manafort, and later blithely parroted by Trump that same day, Manafort’s arguments were discredited by Dreeben’s argument. Even at that hearing, that Trump Parroted, Judge Ellis indicated there could well not exist a convincing argument in the long run.

Well, okay. We still don’t know how Judge Ellis will rule, but we do now know how Judge Amy Berman Jackson ruled on pretty much the identical argument in DDC. Her decision was handed down yesterday.

This was a spanking of Manafort’s dismissal motion, from top to bottom. On every prong, and at every turn, Berman Jackson dismissed Manafort’s arguments. She even went so far as to opine that Mueller would have been effectively derelict not to have pursued these matters. The matter will proceed to trial in DDC, before Judge Berman Jackson, currently set for September 7, 2018.

So, that leaves the EDVA matter in front of the aforementioned cantankerous Judge Ellis. The decision by Berman Jackson will have to weigh heavily on Ellis as he drafts his decision on the parallel arguments in EDVA. Despite all the probing and disdain Ellis displayed at oral argument on May 4, Ellis is famous for just that. Over decades. Ellis could certainly find differently than Berman Jackson, that is his prerogative, but it is hard to see how he is going to. First off, the facts, pleadings and scope of authority demonstrated by Mueller, via Dreeben, simply do not warrant it. But, secondly, there is now a marker by Berman Jackson. Judge T.S. Ellis III may be commonly known as cantankerous, but he is not commonly known as a fool.

We shall see, but if I were Paul Manafort, I would not be sleeping easy. And Trump might want to stop cackling. So, enjoy the decision by Berman Jackson, it is worth the read if you are interested. And it is exactly why a few of us here were more than skeptical of Manafort’s motions.

The Frothing Right Prefers Oleg Deripaska as an FBI Asset to Christopher Steele

If John Solomon were still doing journalism, the lede of this piece would be that the FBI interviewed Oleg Deripaska in September 2016, even as the Russian operation to tamper in the election was ongoing.

Two months before Trump was elected president, Deripaska was in New York as part of Russia’s United Nations delegation when three FBI agents awakened him in his home; at least one agent had worked with Deripaska on the aborted effort to rescue Levinson. During an hour-long visit, the agents posited a theory that Trump’s campaign was secretly colluding with Russia to hijack the U.S. election.

“Deripaska laughed but realized, despite the joviality, that they were serious,” the lawyer said. “So he told them in his informed opinion the idea they were proposing was false. ‘You are trying to create something out of nothing,’ he told them.” The agents left though the FBI sought more information in 2017 from the Russian, sources tell me. Waldman declined to say if Deripaska has been in contact with the FBI since Sept, 2016.

Telling that story would make it clear that the FBI pursued an investigation into Russian tampering at the source, by questioning Russians suspected of being involved. Republicans should be happy to know the FBI was using such an approach.

But Solomon isn’t doing journalism anymore — even his employer now acknowledges that that’s true. After complaints about his propaganda (in part, attacking the Mueller investigation) he has been relegated to the opinion section of The Hill.

Not before his last effort to impugn Mueller, though, claiming that because the FBI used Deripaska as a go-between in a 2009 effort to rescue Robert Levinson, Mueller is prevented from investigating him now.

In 2009, when Mueller ran the FBI, the bureau asked Russian oligarch Oleg Deripaska to spend millions of his own dollars funding an FBI-supervised operation to rescue a retired FBI agent, Robert Levinson, captured in Iran while working for the CIA in 2007.

[snip]

Deripaska’s lawyer said the Russian ultimately spent $25 million assembling a private search and rescue team that worked with Iranian contacts under the FBI’s watchful eye. Photos and videos indicating Levinson was alive were uncovered.

Then in fall 2010, the operation secured an offer to free Levinson. The deal was scuttled, however, when the State Department become uncomfortable with Iran’s terms, according to Deripaska’s lawyer and the Levinson family.

FBI officials confirmed State hampered their efforts.

“We tried to turn over every stone we could to rescue Bob, but every time we started to get close, the State Department seemed to always get in the way,” said Robyn Gritz, the retired agent who supervised the Levinson case in 2009, when Deripaska first cooperated, but who left for another position in 2010 before the Iranian offer arrived. “I kept Director Mueller and Deputy Director [John] Pistole informed of the various efforts and operations, and they offered to intervene with State, if necessary.”

FBI officials ended the operation in 2011, concerned that Deripaska’s Iranian contacts couldn’t deliver with all the U.S. infighting.

Even assuming Solomon’s tale — which is that offered by Deripaska’s lawyer — is factually correct, what this means is that the FBI used Deripaska as an asset, just like they’ve used Christopher Steele as a source. Of course, using ex-MI6 officer Steele, for the frothy right, is a heinous crime. But using a Russian billionaire, according to a propagandist who has been regurgitating Trump spin since he was elected, is heroic. Perhaps that’s why a Trump crony, Bryan Lanza, is also trying to help Deripaska’s company beat the sanctions recently imposed on him.

Of course, Solomon doesn’t consider the possibility that FBI and State balked in 2011 because Deripaska himself had proven unreliable. Which would explain a lot of what transpired in the years since. Nor does he consider — nor has the frothy right generally — the possibility that any damning disinformation in the Steele dossier ended up there in part via Deripaska.

Certainly, Deripaska’s own asset, Paul Manafort, seemed prepared to capitalize on that disinformation.

As the Mueller investigation has proceeded, we’ve gotten just a glimpse of how the spooks trade in information, involving allies like Steele and Stefan Halper, and more sordid types like George Nader (who appears to have traded information to get out of consequences for a child porn habit), Felix Sater (who claims, dubiously, to be offering full cooperation with Mueller based on years of working off his own mob ties), and even Deripaska.

Curiously, it’s Deripaska that propagandists spewing the White House line seem most interested in celebrating.

Update: Chuck Ross did a story based on Solomon’s report, and did note that the FBI questioned Deripaska in September 2016. But, fresh off complaining that I had called him out for doing this in another story, turns a story about Manafort and his long-time Russian associate into a story about the dossier (in which Deripaska is not named).

In September 2016, FBI agents approached Russian oligarch Oleg Deripaska to ask about allegations President Donald Trump’s campaign was colluding with the Russian government to influence the election, according to a new report.

Deripaska, who was at his apartment in New York City for the interview, waved the three agents off of the collusion theory, saying there was no coordination between the Trump team and Kremlin, The Hill reported Monday.

The agents, one of whom Deripaska knew from a previous FBI case, said they believed former Trump campaign chairman Paul Manafort was involved in the conspiracy, an allegation made in the infamous Steele dossier.

Ross then continues on, dossier … dossier … dossier … dossier … dossier, including this claim not supported by any public evidence.

It is also an indicator of how they investigated some of the allegations made in the dossier.

By the time September 2016 rolled around, it had been two months since Deripaska go-between Konstantin Kilimnik emailed (probably via a PRISM service)  Manafort about paying off his debt to Deripaska by giving inside dirt on the campaign. There were meetings in NYC. In September 2016, Alex Van der Zwaan was actively covering up the ongoing efforts to hide Manafort’s involvement in Ukraine’s persecution of Yulia Tymoshenko, and doing so in the servers of a law firm going to pains to clear their name.

And all that’s before you consider what hasn’t been shared with Congress and leaked to the press.

Meanwhile, the only mention of Deripaska in the dossier by September was an undated July report claiming that Manafort was happy to have the focus on Russia because the Trump corruption in China was worse (and also suggesting that Manafort used Carter Page as a go-between with Russia); given reports about when Steele shared reports with the FBI, it’s not clear the Bureau would have had that yet. In any case, the more extensive discussion of Manafort comes later, after the Deripaska interview.

Had Manafort been a surveillance focus solely for the dossier (something that wasn’t even true for Page), you’d have heard that by now.

Every time Mueller submits a filing explaining how the Manafort Ukraine investigation came out of the Russia investigation, he has mentioned Deripaska. Trump’s own team leaked questions suggesting that Mueller is sitting on information that Manafort reached out to Russians asking for help (and Deripaska was among those we know he was in touch with).

And yet, after competently noting that the FBI interviewed Deripaska, Ross made the crazypants suggestion that any suspicion of Manafort would arise from the dossier and not abundant other known evidence.

Concord Consulting Aims to Make Russian Bots Legal

Remember when they used to say, “they hate us for our freedoms” in the wake of 9/11? The company of Putin’s buddy Yevgeniy Prigozhin is doing the opposite — having a field day with the due process rights his company, Concord Consulting, gets under US law after being charged in the Internet Research Agency indictment.

As I noted, Concord unexpectedly decided to contest its indictment for using Prigozhin’s troll factory to interfere in the 2016 election. Last week it pled not guilty.

In that post, I suggested that the risk posed by the Concord not guilty plea could be deferred, for now, by arguing over a protection order and ensuring that sensitive data be shared under CIA.

[N]either will happen immediately — Mueller’s team will push for a protection order and CIPA process before turning over the requested discovery and defendants almost never get a Bill of Particulars — effectively, Concord signaled its intention to impose real costs on the US government’s use of our criminal justice system to embarrass Russia. They made it clear that one of Putin’s closes allies will be demanding the intelligence behind an indictment naming him and two of his companies. Which is going to pose real discomfort for Mueller’s team (which might explain a bit of their delay here).

Let me clear: Concord is entirely within its right to begin demanding such evidence. That’s the risk of using our criminal justice system, affording due process, in charging a Russian corporate person who can challenge any charges without risking their freedom. I imagine Mueller’s team didn’t sufficiently account for this possibility when charging it this way. And if there are any other known Russian corporations involved in this operation (or fronts, such as the one Joseph Mifsud worked behind), I would imagine Mueller’s team is rethinking their approach to including those fronts. This could be problematic to the extent that proving any “collusion” between Trump’s people and Russians would most easily be demonstrated via conspiracy charges involving Russian entities.

If and when Mueller dismisses the indictment against Concord (but not its 13 paid trolls), it would be an embarrassing PR moment. But the contest thus far only posed a legal risk to any further indictments that relied on corporate entities, which the rest of the Internet Research Agency one does not.

Concord’s latest challenge may pose a greater threat. It requests the judge in the case (which here would be Magistrate Michael Harvey, though Trump appointee Dabney Friedrich is the District judge on the case) to review the grand jury instructions to make sure the prosecutors explained the mens rea required behind the conspiracy to defraud the US charge in the case. It is, as the motion argues, a fairly modest request (the government will argue, rightly, that it asks for grand jury information it is not entitled to, but Concord is asking just for the judge to review it). It’s basically asking the judge to make sure prosecutors explained to the grand jury that they had to find that IRA knew that it was violating US law.

As I noted here, ConFraudUs provides Mueller’s team with a way to argue the abuse of weak parts in our electoral system violates the law, and charging a conspiracy sets up a way to drop in American defendants at a later date. And, as Lawfare laid out in this good legal review of ConFraudUs, ConFraudUs has been used in the electoral context in the past.

Notably for present purposes, §371 has been deployed in the context of election law specifically. The Justice Department’s manual on federal prosecution of election offenses explicitly contemplates bringing charges of conspiracy to defraud based on campaign finance offenses. It explains the theory as follows:

To perform [its] duties, the FEC must receive accurate information from the candidates and political committees that are required to file reports under the Act. A scheme to infuse patently illegal funds into a federal campaign, such as by using conduits or other means calculated to conceal the illegal source of the contribution, thus disrupts and impedes the FEC in the performance of its statutory duties.

Several federal circuit courts have heard cases brought under §371 based on this theory and have not found fault with its application to behavior that may also violate the Federal Election Campaign Act (FECA).

But Concord is arguing the use of ConFraudUs in this case departs from the approach DOJ has previously used to keep foreign influence out of elections (citing cases of Chinese influence peddling under Clinton).

The Court is well aware that heretofore investigations of alleged improper foreign involvement in American elections have been handled by the United States Department of Justice (“DOJ”); specifically the Campaign Finance Task Force created by former Attorney General Reno in 1997, and where the Court worked as a prosecutor from September 1997 to August 1998. Former Attorney General Reno refused to bow to massive political pressure to appoint a special counsel, and instead the Task Force methodically investigated and prosecuted cases through 2000.1 Throughout all of that activity, the DOJ never brought any case like the instant Indictment, that is, an alleged conspiracy by a foreign corporation to “interfere” in a Presidential election by allegedly funding free speech. The obvious reason for this is that no such crime exists in the federal criminal code.

It doesn’t actually prove that use of ConFraudUs in this case would be improper (indeed, after complaining that Janet Reno didn’t appoint a special counsel to investigate funding of Clinton, the motion spends a page complaining about a special counsel in this case). Rather, it argues that the indictment couldn’t charge ConFraudUs because none of the Russians involved knew they had to register with the government before engaging in online trolling (they note they’re going to make similar challenges with respect to other charges in the future).

But violations of the relevant federal campaign laws and foreign agent registration requirements administered by the DOJ and the FEC require the defendant to have acted “willfully,” a word that does not appear anywhere in Count One of the Indictment. See 52 U.S.C. § 30109(d) and 22 U.S.C. § 618(a).

[snip]

Count One of the Indictment appears to be facially invalid because it fails to charge an essential element of the offense of conspiracy to defraud the United States by impairing, obstructing and defeating the functions of the FEC and the DOJ, that is, that the Defendant acted willfully, in this case meaning that Defendant was aware of the FEC and FARA requirements, agreed to violate those requirements, and ultimately acted with intent to violate those requirements.

There’s a two-fold risk here, if Concord is successful (and they could be).

First, there’s a risk that such a ruling would in effect provide foreign corporations more ability to engage in improper election speech than domestic ones. Particularly as social media companies move to require more transparency in online advertising, a foreign company could continue to violate those requirements simply by pleading dumb. Certainly Congress could mandate some kind of transparency on foreign companies and with that require private companies to administer such things. but it wouldn’t be a quick fix.

There’s a more immediate risk, however. The filing claims that this indictment is, “a case that has absolutely nothing to do with any links or coordination between any candidate and the Russian Government.” While it is true that Rod Rosenstein emphasized there was no allegation in the current indictment that any American knowingly conspired with these Russians, there are actually three Trump campaign staffers described in a way in the indictment that may reflect they’re still under investigation. And in its last filing, Concord demanded the communications behind one event — an American holding a sign in front of the White House — that leads me to believe Concord knows that the involvement of this US person is more complex than alleged in the indictment.

With respect to ¶ 12b, identify the “real U.S. person,” identify the specific Defendant or conspirator who communicated with the “real U.S. person,” provide the dates and times of any such communications, identify the Defendant or conspirator who stated “is a leader here and our boss . . . our funder,” and clarify whether it is alleged that any such communications were made on behalf of Defendant Concord.

That is, while Rosenstein said that thus far there are no Americans in this indictment, that doesn’t mean Mueller didn’t have plans to add some at a later date.

But if Concord can get this conspiracy charge thrown out before then, it’s going to undercut any effort to claim the conspiracy that will be critical to substantiating the collusion charge even if Mueller presents clear evidence of an agreement to carry out this trolling.

That doesn’t mean he won’t be able to prove a conspiracy involving a more obvious agreement — such as the Agalarovs offering dirt in exchange for sanction relief (though that would invoke the bribery rules that SCOTUS has significantly reined in).

But for now, the IRA indictment is a test case in a legal theory that will make it fairly easy to show that Republicans engaged in a conspiracy to tamper with the election. Because Mueller named a corporate person, he provided a way for the Russians to otherwise undercut a theory that seems central to the effort to hold Trump and the Russians accountable.

Again, Mueller can likely prove ConFraudUs with other players in the larger conspiracy. But this filing poses an immediate threat of undermining the logic of such an approach before he can charge it.

The Credulous Right’s Latest Dribbling Water Pistol

Longtime GOP operative Rick Gates told Alex Van der Zwaan that Konstantin Kilimnik, the Oleg Deripaska go-between with whom Trump campaign manager Paul Manafort discussed providing private briefings on the campaign, “was a former Russian Intelligence Officer with the GRU.” The House Intelligence Report, having reviewed the evidence against Carter Page, George Papadopoulos, Mike Flynn, and (to a much lesser extent) Paul Manafort complains that, “the Trump campaign was not notified that members of the campaign were potential counterintelligence concerns.” The report suggests (Trump’s hiring of Flynn after Obama warned him notwithstanding) that the “campaign was unable to address the problems with each campaign member and was ignorant about the potential national security concerns.”

Certainly, these Republicans give real credence to the possibility that Trump’s campaign (the campaign that did virtually no vetting and liked aides who would work “for free”) was infiltrated by Russian spies.

Nevertheless, the right wing noise machine (including former Federal prosecutor Andrew McCarthy!!!) is pushing a new conspiracy theory: that George Papadopoulos was planted by either the Deep State or the Hillary Clinton campaign. One version of the story is being pitched by Stephan Roh. Roh is, by all appearances, Joseph Mifsud’s handler.

Then there’s the Beeb piece advancing the story of Joseph Mifsud (ignore the repetitive annoying music and John Schindler presence). It provides details on the role played by German born Swiss financier and lawyer Stephan Roh. Roh has three ties to Mifsud. In 2014, Roe started lecturing at the London Academy of Diplomacy where Misfud worked. In the same year, he bought the Roman institution Misfud helped manage. And then, in 2016, when George Papadopoulos was being targeted, Roh was on a panel with Papadopoulos’ two handlers.

That same month, Mifsud was in Moscow on a panel run by the Kremlin-backed Valdai Club with Timofeev and the third man, Dr Stephan Roh, a German multi-millionaire.

Mifsud and Roh interlock: in 2014, Roh became a visiting lecturer at the London Academy of Diplomacy. Roh bought Link Campus University, a private institution in Rome where Mifsud was part of the management and Mifsud became a consultant at Roh’s legal firm.

The Beeb piece goes on to describe how Roh bought a British nuclear consultancy too. When the British scientist behind it balked at cozying up to Russia, he was fired, but it appears to still be used as a cut-out.

Again, none of this is new: Russia just spent a lot of money to set up some fronts. The amount of money floating around and the ability to buy into a title by buying an old castle do make it easier, however.

But he’s out with a book that — in addition to describing how he was surveilled when he came to the US in the wake of the revelation of the Papadopoulos plea last year — alleges that Papadopoulos was actually planted in the Trump campaign by the FBI to elicit outreach to Russia.

Roh and his co-author Thierry Pastor, who also knows Mifsud, write in the book that, upon arriving in New York City with his family in October 2017, “one of the co-authors” was “fished from the passport control” line at John F. Kennedy airport while his family “was retained with armed police force.” (Photos posted by Roh’s wife on social media in October 2017 suggest she was visiting New York in late October.) He was then interrogated for “hours,” they write, by “a team of Special Counsel Robert Mueller investigating Russia-Gate.” The book alleges that he and his family were then “observed, followed, and taped, at every moment and every place in New York” by the FBI and that his family was assigned to “special rooms at the hotel” while security personnel “patrolled the corridors.”

It is unclear whether Roh was actually surveilled after being interviewed—a spokesman for the special counsel’s office declined to comment. The book further alleges that Mifsud is not a Russian spy but is actually “deeply embedded in the network of Western Intelligence Services.” Papadopoulos, too, is a “western intelligence operative,” the authors assert, who was “placed” in the Trump campaign by the FBI. In that sense, the book is similar to one written recently by another obscure player detained and questioned by Mueller’s team earlier this year: Ted Malloch, a controversial London-based academic with ties to Trump associates Roger Stone and Nigel Farage. In his book The Plot to Destroy Trump: How the Deep State Fabricated the Russia Dossier to Subvert the President, Malloch argues that the apparent covert intelligence activity connected to the Trump campaign was not Russian, but Western.

Roh and Pastor’s prevailing thesis is that Papadopoulos’s “mission” was to bring Trump into contact with Russian officials. “That’s nuts,” Papadopoulos’s wife Mangiante told me in response to the book’s theory. “From ‘coffee boy’ to spy … George has been upgraded!” she joked, referring to the Trump campaign’s claim that Papadopoulos, a young energy consultant who joined the Trump campaign in March 2016, was so low-level that he was basically a “coffee boy.”

Again, the Republicans on HPSCI who have reviewed the intelligence sure seem miffed that Trump didn’t get an opportunity to weed out the suspected assets in his campaign. But this, from a transparent Russian operative, is still what Republicans want to argue to discredit the Mueller investigation.

Consider what would have had to have happened to pull this off.

First, the Deep State would have started this process years ago, when Papadopoulos worked for the Hudson Institute, establishing his conservative bona fides. Then, they would have inexplicably had Papadopoulos work for Ben Carson, which in any normal year would experience no success in the primary and therefore in any normal year could expect none of his aides to be picked up by the winning candidate. Then, somehow Sam Clovis (who multiple witnesses have said welcomed outreach to Russia) would be convinced to recruit Papadopoulos. The FBI would have somehow had to have known that the campaign itself would do no vetting. And even if the FBI could assume the campaign would do no vetting, it would also have to ensure that the campaign wouldn’t distance itself from Papaodpoulos after the WaPo did an embarrassing profile describing how inexperienced Papadopoulos was.

And, of course, somehow this “coffee boy” would have the finesse to convince a lot of far more experienced operatives to accept outreach from Russia.

Further, in spite of its extensive and remarkably successful effort at placing a spy on Trump’s campaign, the FBI would then have to have chosen not just not to herald the fake Russian spy it had planted in the Trump campaign contemporaneously, but to refrain from joining the Russian attribution in October 2016 altogether, effectively utterly pissing away the value of having placed a spy in the Trump campaign.

In some versions, this conspiracy theory even says Papadopoulos was planted by Hillary’s people. Hillary’s campaign was all too willing to seed their crappy dossier publicly, and spent a great deal of messaging talking about both their own targeting by Russia and Trump’s openness to capitalize off that targeting, not to mention pouncing on thinly source reports suggesting a tie between Russian and Trump. And yet somehow, the guy the Hillary Deep State people planted on Trump’s campaign not only didn’t tell their paid MI6 spy to go find the evidence about Papadopoulos being offered willingly at drunken sessions in London, but didn’t just publicize the details in the first place.

In short, to believe this conspiracy, you’d have to believe all these whack assumptions (from an FBI that the same conspiracists argue is otherwise incompetent) and ignore that Republicans who have reviewed the intelligence find credible the claim that Russia was trying to recruit assets in Trump’s campaign.

And yet that’s where even relatively mainstream Republicans are headed next.

This is, very transparently, Russian planted disinformation. And yet the same Republicans who claim there is “no collusion” are regurgitating the disinformation like automatons.

Kashyap Patel Had Better Not Rely on the Bill Duhnke Precedent

Contrary to what a lot of people understand of the case, Jeffrey Sterling was not the CIA’s first suspect for the Merlin leaks to James Risen. Senate Intelligence Committee Staff Director Bill Duhnke was. As former CIA press person Bill Harlow testified, he told the FBI that James Risen had close ties to Duhnke when he first talked to them about Risen’s story.

Q. Okay. And you also told them that someone they should talk to about something like this would be Bill Duhnke, a person named Bill Duhnke, correct, up at the — that worked at the U.S. Senate?

BY MR. MAC MAHON: Q. Now, Mr. Harlow, in 2003, you told the FBI that you thought that Mr. Risen might reach out to the Staff Director of the Senate Select Intelligence Committee on Intelligence for confirmation, that Mr. Risen would, correct?

[snip]

A. My recollection is what the FBI asked me is who are the kind of people that Risen might talk to on a story like this, and I told them that he had regular contact with the Congressional Oversight Committees, including the Senate Intelligence Committee, and so the kind of places he might go to ask about the story would be the Senate Oversight committees. That’s my recollection of it. You know, it’s a dozen years ago but —

Q. And one of the names you gave them was Bill Duhnke, right?

A. Right.

As FBI Agent Hunt explained, however, she was hampered from investigating whether Duhnke (who knew aspects about Merlin that Sterling did not which showed up in Risen’s reporting) was a source for Risen because Senator Pat Roberts refused to cooperate with the FBI, even after then FBI Director Robert Mueller requested himself.

Q. And do you also remember writing in 2006 that the FBI director contacted the SSCI Chairman and Senator Pat Roberts, right?

A. Yes.

Q. And that Senator Roberts told Director Mueller that he wasn’t going to cooperate with the FBI at all in this investigation, correct?

A. Yes.

Q. And that never changed, did it?

A. It did change.

Q. You then got some cooperation from SSCI, correct?

A. I did. Q. You never got an interview with Mr. Duhnke, right?

A. I did not interview Mr. Duhnke.

Thus it happened that Speech and Debate prevented the FBI from investigating whether a key Intelligence Committee staffer played a role in a leak the government claimed was one of the worst ever.

I thought of that precedent when I read this passage in the NYT’s latest story on DOJ’s belated realization that Devin Nunes was using purported oversight requests to discover details that might help Trump delegitimize the Mueller investigation.

In another meeting, Mr. Rosenstein felt he was outright misled by Mr. Nunes’s staff. Mr. Rosenstein wanted to know whether Kashyap Patel, an investigator working for Mr. Nunes who was the primary author of the disputed memo, had traveled to London the previous summer to interview a former British spy who had compiled a salacious dossier about Mr. Trump, according to a former federal law enforcement official familiar with the interaction.

Mr. Patel was not forthcoming during the contentious meeting, the official said, and the conversation helped solidify Mr. Rosenstein’s belief that Mr. Nunes and other allies in Congress were not operating in good faith.

And these passages in an earlier NYT piece on Patel.

Over the summer, Mr. Nunes dispatched Mr. Patel and another member of the committee’s Republican staff to London, where they showed up unannounced at the offices of Mr. Steele, a former British intelligence official.

Told Mr. Steele was not there, Mr. Patel and Douglas E. Presley, a professional staff member, managed to track him down at the offices of his lawyers. There, they said they were seeking only to establish contact with Mr. Steele, but were rebuffed and left without meeting him, according to two people with knowledge of the encounter.

A senior official for the Republican majority on the Intelligence Committee, who spoke on the condition of anonymity because he was not authorized to speak about the matter, said the purpose of the visit had been to make contact with Mr. Steele’s lawyers, not Mr. Steele. Still, the visit was highly unusual and appeared to violate protocol, because they were trying to meet with Mr. Steele outside official channels.

Ordinarily, such a visit would be coordinated through lawyers, conducted with knowledge of the House Democrats, who were not informed and the American Embassy.

Given Rosenstein’s concerns that Patel was lying, I find it particularly interesting that he didn’t inform the American Embassy when he was there. It’s as if he was looking for a back channel!

As NYCSouthpaw noted, Patel has been hanging around the White House since he’s started playing this role.

In the months since, Mr. Patel has apparently forged connections at the White House. In November, he posted a series of photos to Facebook of him and several friends wearing matching shirts at the White House bowling alley. “The Dons hit the lanes at 1600 Pennsylvania,” Mr. Patel wrote under the photos.

This would suggest that the Nunes designee who has had firsthand access to all this intelligence, has also gotten really comfortable with the White House, leaving the possibility that he has shared the information with those in charge of delegitimize the investigation.

I’ve long wondered why Nunes has refused to read the information he has fought so hard to get access to. But by giving Patel that access without reading the materials himself, Nunes ensures that someone with easy access to the White House sees the materials, without jeopardizing the power to refuse any cooperation with Mueller.

Nunes, like Roberts did in 2006, could simply refuse to cooperate under speech and debate.

And it might well work!

There is, however one problem with that. You see, one of the ways (admittedly one of the less offensive ways) the President has interfered in the operations of DOJ is by demanding that the department ratchet up the leak investigations. And at a time last summer where Trump was threatening to fire Sessions so he could hire someone who could interfere with the Mueller investigation, Sessions and Dan Coats rolled out a new war on leaks, speaking of new permissiveness for prosecutors. Both Sessions…

To prevent these leaks, every agency and Congress has to do better.

We are taking a stand. This culture of leaking must stop.

[snip]

Finally, here is what I want to tell every American today: This nation must end the culture of leaks. We will investigate and seek to bring criminals to justice. We will not allow rogue anonymous sources with security clearances to sell out our country any longer.

These cases are never easy. But cases will be made, and leakers will be held accountable.

All of us in government and in every agency and in Congress must do better.

And Coats invoked Congress as a source of leaks specifically.

I would like to point out, however, that these national security breaches do not just originate in the Intelligence Community. They come from a wide range of sources within government, including the Executive Branch and including the Congress.

At the time, those mentions were deemed a warning that (in addition to changing the rules allowing them to pursue journalists), DOJ would also start pursuing Congress and its staffers more aggressively.

So while the available evidence suggests that Patel may be part of Nunes’ effort to funnel information to the White House, and while past history has shown that Nunes’ counterparts have been able to protect intelligence committee leakers, perhaps the witch hunt demanded by Trump will change that.

Stefan Halper Wasn’t Downstream from the Steele Dossier

As you’ve no doubt heard, Devin Nunes and Paul Ryan continue to extort DOJ, ostensibly to find evidence of FISA abuse, but by all appearances, to review intelligence on behest of Trump, delegitimize the Mueller investigation, and create some excuse to start impeaching the people overseeing it.

A Chuck Ross article on the latest effort ends with a reference to Stefan Halper, a dual US-UK citizen who was a Cambridge professor in 2016.

House Republicans are again battling with the Justice Department over information related to the Russia investigation, this time over documents the intelligence community said involves a top-secret source who has provided information to the CIA and FBI.

The mysterious source has also gathered information that was given to Special Counsel Robert Mueller as part of his investigation into Russian interference in the 2016 election, according to The Washington Post.

WaPo reported Justice Department and intelligence community officials issued a stark warning to the White House on May 2 against a request from House Intelligence Committee Chairman Devin Nunes. Nunes had submitted a subpoena to the Justice Department on April 24 for records related to the Russia probe.

Justice Department and intelligence community officials argued to White House Chief of Staff John Kelly that complying with the subpoena would reveal the identity of a top-secret source and would undermine protocol regarding intelligence sources, according to WaPo.

WaPo provided one small clue about the source: he or she is American.

[snip]

TheDCNF reported that in Sept. 2016, he was approached out of the blue by Stefan Halper, a University of Cambridge professor and former U.S. government official.

Other right wing sites appear sure that Halper is the source in question.

In 2016, Halper resigned from the Cambridge Intelligence Seminar along with Richard Dearlove (Christopher Steele’s old boss) out of concerns Russia had started funding it, which is to say he has close ties with a lot of the spooks that the Republicans are obsessed by. Halper would fit as an American. And as someone at the overlap between MI6, the FBI, and CIA, any information he discovered would ultimately get shared with Mueller.

When Ross first broke the story of weird meetings between Halper and Trump aides in March (a month before Nunes made the mysterious request), he provided very specific descriptions of when Halper spoke with each of three campaign officials (though he kept the identity of the third secret).

Halper first met Carter Page at conference on July 11 and 12 in London (the meeting would have been on the way back from his trip to Moscow), then remained in contact thereafter.

Halper met campaign foreign policy adviser Carter Page at a July 2016 symposium held at Cambridge regarding the upcoming election, Page told TheDCNF. The pair remained in contact for several months.

Halper met with the third, unnamed campaign advisor on August 31 or September 1, though did not mention Papadopoulos at the meeting.

Halper also requested and attended a one-on-one meeting with another senior campaign official, TheDCNF learned. That meeting was held a day or two before Halper reached out to Papadopoulos. Halper offered to help the campaign but did not bring up Papadopoulos, even though he would reach out to the campaign aide a day or two later.

Halper first reached out to George Papadopoulos on September 2, then met with him over several days in London in mid-September.

Halper first contacted Papadopoulos by email. In a Sept. 2, 2016, message sent to Papadopoulos’s personal email account, he offered the Trump aide $3,000 to write a policy paper on issues related to Turkey, Cyprus, Israel and the Leviathan natural gas field. Halper also offered to pay for Papadopoulos’s flight and a three-night stay in London.

[snip]

Papadopoulos and Halper met several times during the London trip, including at the Connaught Hotel and the Travellers Club — a classic 19th century club foreign diplomats and politicians frequent. Halper’s research assistant — a Turkish woman named Azra Turk — also met with Papadopoulos. The Connaught Hotel meeting was scheduled for Sept. 13, 2016, and the Travellers Club conclave was two days later.

While discussing the policy paper Papadopoulos was to write, Halper made an out-of-left-field reference to Russians and hacked emails, according to a source with direct knowledge of Papadopoulos’s version of events.

From these meetings and ties to Dearlove, Republicans have gotten themselves worked up to believing that Halper was working off the Steele dossier, perhaps because Ross ties Halper to people in terms of the dossier [see below for explanation that he did not intend to suggest this tie]:

Halper is a close associate of Sir Richard Dearlove — the former MI6 chief.

In December 2016, Halper, Dearlove and espionage historian Peter Morland made international news when they announced they were leaving an organization called the Cambridge Intelligence Seminar due to concerns Russian operatives had infiltrated the group.

Months earlier, in early fall 2016, Dearlove reportedly met with dossier author Steele. Steele sought out Dearlove’s advice on how to proceed with information he gathered on Trump’s ties to Russia, The Washington Post reported. Former MI6 Moscow station chief Steele had been told Trump campaign members were colluding with Kremlin operatives to release emails stolen from the DNC.

Steele’s dossier does not mention Papadopoulos, though the former spy was made aware of the Trump campaign aide while he was working on his anti-Trump document. FBI agents asked Steele during an October 2016 meeting in Rome if he was aware of Papadopoulos. Steele did not have information on Papadopoulos, the former spy said.

But Papadopoulos does have at least one possible connection to the dossier. During the campaign, Sergei Millian approached him. Millian is a Belarus-born businessman who was allegedly an unwitting source for some of the most salacious claims in the dossier.

While it’s possible Halper got wind of the counterintelligence concerns via intelligence sources in London, it doesn’t make sense that his information came via the dossier.

The first dated report on Page is in a report submitted July 19, after Page had already made his trip to Russia (and stopped by London where he met Halper). Both of the sources on the report are Russian, not American or British, so not Halper himself. And the report was reported contemporaneously, meaning Halper wouldn’t have been the only outside source that could have told Steele about the trip, nor would Halper have needed Steele’s sources to learn about it.

So if Halper sought out Page out of counterintelligence concerns, it likely had as much to do with the concerns FBI had in March 2016 (the ones that never appeared in the dossier) as it does July trip, much less any discussions between Steele and Halper about that trip. And if Halper is as spooked up as Republicans want to suggest, by the time of his subsequent communications with Page, he would have known of both those concerns.

Similarly, the timing on the ties between Sergei Millian and Papadopoulos wouldn’t support a tie between Halper’s interest in him and the dossier. The Steele reports believed to tie to Millian date to June (including, possibly, the pee tape) and July. But July is around when Papadopoulos and Millian first met (I suspect, on July 22). So to the extent Millian really was a source for Steele, it would have largely preceded the time he met, much less became close with, Papadopoulos.

But all that happened around the time the Australians informed the US of Papadopoulos’ drunken May ramblings.

So by the time Halper met with Papadopoulos (and met the other aide, possibly as background to the Papadopoulos meeting), the US would have already had official notice of Papadopoulos via the Australians.

If anything, it’d be far more likely that Halper gave the US soft notice of the Downer meeting before the Australians did so formally than that Halper learned of Papadopoulos via some Steele channel.

Admittedly, some nut jobs are wailing about Halper totally independent of the Steele dossier, because they’re outraged, apparently, that the the US sought to chase down whether the unvetted people with troubling ties to suspected Russian spies working for Trump for free were real concerns or not. I’ll return to that in a follow-up. But as background to laying out precisely how ridiculous the Republicans are getting here, understand that it is unlikely whatever investigation, if any, Halper was conducting was based off the Steele dossier.

Update: Ross has taken issue with my claim that he ties Halper to the dossier. I base that claim not just on Twitter exchanges with his readers who make the allegation but on these details (for example, this one that claims Papadopoulos was a source for Millian before they met and that May and September are the same time). Ross introduces the dossier by claiming Page was a central figure in HPSCI’s investigation because of allegations made against him in the dossier, though the reality is that it’s because the dossier was included in his FISA applications.

Page is also a prominent figure in the investigation due to allegations made against him in the infamous Steele dossier. Page’s trip to Moscow in early July 2016 is a central piece of the dossier. Christopher Steele, the author of the Democrat-funded report, alleges Page met secretly with two Kremlin insiders as part of the Trump campaign’s collusion effort.

Page attended the Cambridge event Halper set up, four days after that trip to Moscow.

Then there’s the insinuation, in the passage cited above, that because Halper took an anti-Russian stance with Dearlove in December and Dearlove had a tie to the Steele dossier in September, there must be some continuity between the two events.

Halper is a close associate of Sir Richard Dearlove — the former MI6 chief.

In December 2016, Halper, Dearlove and espionage historian Peter Morland made international news when they announced they were leaving an organization called the Cambridge Intelligence Seminar due to concerns Russian operatives had infiltrated the group.

Months earlier, in early fall 2016, Dearlove reportedly met with dossier author Steele. Steele sought out Dearlove’s advice on how to proceed with information he gathered on Trump’s ties to Russia, The Washington Post reported. Former MI6 Moscow station chief Steele had been told Trump campaign members were colluding with Kremlin operatives to release emails stolen from the DNC.

Ross could have avoided any mention of the dossier by simply saying that Halper and Dearlove took that anti-Russian stance together, but he didn’t.

Finally, there’s the bizarre effort (noted above) to tie Papadopoulos to the dossier via Millian.

I’m glad Ross has now made clear he did not intend to suggest a tie between Halper and the dossier, because (as I think I show here) they make no sense. I do hope his readers who do suggest there’s a tie understand he has disavowed any such suggestion.

My goal with this post (as I suggest above) is to lay groundwork showing that the GOP basis for delegitimizing the investigation — that it purportedly started from oppo research paid for by Democrats — does not have a tie to the next stage, Halper. It seems whatever Ross wrote months ago, he and I are now in agreement that it does not have such a tie.

Update: Ross is still cranky that I suggested his six references to the dossier in a story that’s not about the dossier hasn’t led anyone to imagine a connection. Yesterday morning, Jack Posobiec, with his 300,000 followers, was already suggesting a tie based on a link to Ross’ more recent report.

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