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The Mueller Report Was Neither about Collusion Nor about Completed Investigation(s)

In the days since BuzzFeed released a bunch of backup files to the Mueller Report, multiple people have asserted these 302s are proof that Robert Mueller did an inadequate investigation, either by suggesting that the information we’re now seeing is incredibly damaging and so must have merited criminal charges or by claiming we’re seeing entirely new evidence.

I’ve had my own tactical complaints about the Mueller investigation (most notably, about how he managed Mike Flynn’s cooperation, but that might be remedied depending on how Emmet Sullivan treats Sidney Powell’s theatrics).  But I have yet to see a complaint that persuades me.

You never know what you can find in the Mueller Report if you read it

Let’s start with claims about how the release revealed details we didn’t previously know. Virtually all of these instead show that people haven’t read the Mueller Report attentively (though some don’t understand that two of the six interview reports we’ve got record someone lying to Mueller, and all are interviews of human beings with imperfect memories). Take this Will Bunch column, which claims that Rick Gates’ claims made in a muddled April 10, 2018 interview reveal information — that Trump ordered his subordinates to go find Hillary emails — we didn’t know.

Rick Gates, the veteran high-level political operative who served as Donald Trump’s deputy campaign manager in 2016, told investigators he remembers exactly where he was — aboard Trump’s campaign jet — when he heard the candidate’s desires and frustrations over a scheme to defeat Hillary Clinton with hacked, stolen emails boil over. And he also remembered the future president’s exact words that day in summer 2016.

Gates’ disclosure to investigators was a key insight into the state of mind of a campaign that was willing and eager to work with electronic thieves — even with powerful foreign adversaries like Russia, if need be — to win a presidential election. Yet that critical information wasn’t revealed in Mueller’s 440-page report that was supposed to tell the American public everything we needed to know about what the president knew and when he knew it, regarding Russia’s election hacking.

The passage in question comes from an interview where a redacted section reflecting questions about what Gates knew in May 2016 leads into a section on “Campaign Response to Hacked Emails.” What follows clearly reflects a confusion in Gates’ mind — and/or perhaps a conflation on the part of the campaign — between the emails Hillary deleted from her server and the emails stolen by Russia. The passage wanders between these topics:

  • People on the campaign embracing the Seth Rich conspiracy
  • Don Jr asking about the emails in “family meetings
  • The campaign looking for Clinton Foundation emails
  • Interest in the emails in April and May, before (per public reports) anyone but George Papadopoulos knew of the stolen emails
  • The June 9 meeting
  • Trump exhibiting “healthy skepticism” about some emails
  • The anticipation about emails after Assange said they’d be coming on June 12
  • The fact that the campaign first started coordinating with the RNC because they had details of upcoming dates
  • RNC’s media campaigns after the emails started coming out
  • Trump’s order to “Get the emails” and Flynn’s efforts to do so
  • Details of who had ties to Russia and the Konstantin Kilimnik claim that Ukraine might be behind the hack
  • China, Israel, Kyrgyzstan
  • Gates never heard about emails from Papadopoulos
  • Sean Hannity

This seems to be more Gates’ stream of consciousness about emails, generally, then a directed interview. But Gates’ claim that 1) he didn’t know about emails from Papadopoulos but nevertheless 2) was party to discussions about emails in April and May is only consistent with some of these comments pertaining to Hillary’s deleted emails.

Once you realize that, then you know where to look for the “Get the emails” evidence in the Mueller Report: in the description of Mike Flynn making extensive efforts to get emails — albeit those Hillary deleted.

After candidate Trump stated on July 27, 2016, that he hoped Russia would “find the 30,000 emails that are missing,” Trump asked individuals affiliated with his Campaign to find the deleted Clinton emails.264 Michael Flynn-who would later serve as National Security Advisor in the Trump Administration- recalled that Trump made this request repeatedly, and Flynn subsequently contacted multiple people in an effort to obtain the emails.265

264 Flynn 4/25/18 302, at 5-6; Flynn 5/1/18 302, at 1-3.

265 Flynn 5/1/18 302, at l-3.

The footnotes make it clear that in the weeks after Mueller’s team heard from Gates that Flynn used his contacts to search for emails, they interviewed Flynn several times about that effort, only to learn that that incredibly damning effort to find emails involved potentially working with Russian hackers to find the deleted emails. And to be clear: Bunch is not the only one confused about this detail–several straight news reports have not been clear about what that April 10 interview was, as well.

A November 5, 2016 email from Manafort — which the newly released documents show Bannon wanting to hide that Manafort remained a campaign advisor — is another thing that actually does show up in the Mueller Report, contrary to claims.

Later, in a November 5, 2016 email to Kushner entitled “Securing the Victory,” Manafort stated that he was “really feeling good about our prospects on Tuesday and focusing on preserving the victory,” and that he was concerned the Clinton Campaign would respond to a loss by “mov[ing] immediately to discredit the [Trump] victory and claim voter fraud and cyber-fraud, including the claim that the Russians have hacked into the voting machines and tampered with the results.”937

In other words, there is little to no evidence that the most damning claims (save, perhaps, the one that RNC knew of email release dates, though that may not be reliable) didn’t make the Report.

The Mueller Report is an incredibly dense description of the details Mueller could corroborate

The FOIAed documents are perhaps more useful for giving us a sense of how dense the Mueller Report is. They show how several pages of notes might end up in just a few paragraphs of the Mueller Report. The entirety of the three Gates’ interviews released Saturday, for example, show up in just four paragraphs in the Mueller Report: two in Volume I describing how the campaign made a media campaign around the leaks and how Trump once told him on the way to the airport that more emails were coming.

And two paragraphs in Volume II repeating the same information.

Worse still, because the government has released just six of the 302s that will be aired at the Roger Stone trial starting this week, much of what is in those interviews (undoubtedly referring to how Manafort and Gates coordinated with Stone) remains redacted under Stone’s gag order, in both the 302 reports and the Mueller Report itself.

Shocked — shocked!! — to find collusion at a Trump casino

Then there are people who read the 302s and were shocked that Mueller didn’t describe what the interviews show to be “collusion” as collusion, the mirror image of an error the denialists make (up to and including Bill Barr) in claiming that the Mueller Report did not find any collusion.

As I’ve pointed out since March 2017, this investigation was never about collusion. Mueller was tasked to report on what crimes he decided to charge or not, so there was never a possibility he was going to get into whether something was or was not collusion, because that would fall outside his mandate (and the law).

Worse still, in his summary of the investigation, Barr played a neat game where he measured “collusion” exclusively in terms of coordination by the campaign itself with Russia. It was clear from that moment — even before the redacted report came out — that he was understating how damning Mueller’s results would be, because Roger Stone’s indictment (and communications of his that got reported via various channels) made it crystal clear that he at least attempted to optimize the releases, but that involved coordination — deemed legal in part out of solid First Amendment concerns — with WikiLeaks, not Russia, and so therefore wouldn’t be covered by Barr’s narrow definition of “collusion.”

Of late, I’ve found it useful to use the definition of “collusion” Mark Meadows used in a George Papadopoulos hearing in 2018. In an exchange designed to show that in an interview where George Papadopoulos lied about his ongoing efforts to cozy up to Russia his denial that Papadopoulos, the coffee boy, knew about efforts to benefit from Hillary Clinton’s stolen emails, Meadows called that — optimizing the Clinton releases — “collusion.”

Mr. Papadopoulos. And after he was throwing these allegations at me, I —

Mr. Meadows. And by allegations, allegations that the Trump campaign was benefiting from Hillary Clinton emails?

Mr. Papadopoulos. Something along those lines, sir. And I think I pushed back and I told him, I don’t know what the hell you’re talking about. What you’re talking about is something along the lines of treason. I’m not involved. I don’t know anyone in the campaign who’s involved. And, you know, I really have nothing to do with Russia. That’s — something along those lines is how I think I responded to this person.

Mr. Meadows. So essentially at this point, he was suggesting that there was collusion and you pushed back very firmly is what it sounds like. [my emphasis]

One of the President’s biggest apologists has stated that if the campaign did make efforts to optimize the releases, then they did, in fact, collude.

The Roger Stone trial, which starts Tuesday, will more than meet that measure. It astounds me how significantly the previews of Stone’s trials misunderstand how damning this trial will be. WaPo measures that Mueller failed to find anything in Roger Stone’s actions, which is not what even the indictment shows, much less the Mueller Report or filings submitted in the last six months.

The Stone indictment suggests that what prosecutors found instead was a failed conspiracy among conspiracy theorists, bookended by investigative dead ends and unanswered questions for the team of special counsel Robert S. Mueller III.

And MoJo hilariously suggests we might only now, in the trial, establish rock solid proof that Trump lied to Mueller, and doesn’t even account for how some of its own past reporting will be aired at the trial in ways that are far more damning than it imagines.

Here’s why I’m certain these outlets are underestimating how damning this trial will be.

Along with stipulating the phone and email addresses of Erik Prince and Steve Bannon (meaning communications with them could be entered into evidence even without their testimony, though Bannon has said he expects to testify), the government plans to present evidence pertaining to four direct lines to Trump and three to his gatekeepers.

One way prosecutors will use this is to show that, when Trump told Rick Gates that more emails were coming after getting off a call he got on the way to Laguardia, he did so after speaking directly to Roger Stone. They’ll also date exactly when a call that Michael Cohen witnessed happened, after which Trump said the DNC emails would be released in upcoming days got put through Rhona Graff.

It’s not so much that we’ll get proof that Trump lied to Mueller (and not just about what he said to Stone), though we will absolutely get that, but we’ll get proof that Trump was personally involved in what Mark Meadows considers “collusion.”

The Mueller Report and the ongoing criminal investigations

Both Mueller critics and denialists are also forgetting (and, in some cases, obstinately ignorant) about what the Mueller Report actually represented.

We don’t know why Mueller submitted his report when he did — though there is evidence, albeit not yet conclusive, that Barr assumed the position of Attorney General planning to shut the investigation down (indeed, he even has argued that once Mueller decided he could not indict Trump — which was true from the start, given the OLC memo prohibiting it — he should have shut the investigation down).

A lot has been made of the investigative referrals in the Mueller Report, of which just 2 (Cohen and Greg Craig) were unredacted. We’ve seen just one more of those thus far, the prosecution of George Nader for child porn, a prosecution that may lead Nader to grow more cooperative about other issues. Some of the (IMO) most revealing details in the weekend’s dump were b7ABC FOIA exemptions for materials relating to Alexander Nix and Michael Caputo. Normally, that redaction is used for upcoming criminal prosecutions, so it could be that Nix and Caputo will have a larger role in Stone’s trial than we know. But it also may mean that there is an ongoing investigation into one or both of them.

In addition, investigations of some sort into at least three of Trump’s aides appear to be ongoing.

It is a fact, for example, that DOJ refused to release the details of Paul Manafort’s lies — covering the kickback system via which he got paid, his efforts to implement the Ukraine plan pitched in his August 2, 2016 meeting, and efforts by another Trump flunkie to save the election in the weeks before he resigned — because those investigations remained ongoing in March. There’s abundant reason to think that the investigation into Lev Parnas and Igor Fruman and Rudy Giuliani, whether it was a referral from Mueller or not, is the continuation of the investigation into Manafort’s efforts to help Russia carve up Ukraine to its liking (indeed, the NYT has a piece on how Manafort played in Petro Poroshenko’s efforts to cultivate Trump today).

It is a fact that the investigation that we know of as the Mystery Appellant started in the DC US Attorney’s office and got moved back there (and as such might not even be counted as a referral). What we know of the challenge suggests a foreign country (not Russia) was using one of its corporations to pay off bribes of someone.

It is a fact that Robert Mueller testified under oath that the counterintelligence investigation into Mike Flynn was ongoing.

KRISHNAMOORTHI: Since it was outside the purview of your investigation your report did not address how Flynn’s false statements could pose a national security risk because the Russians knew the falsity of those statements, right?

MUELLER: I cannot get in to that, mainly because there are many elements of the FBI that are looking at different aspects of that issue.

KRISHNAMOORTHI: Currently?

MUELLER: Currently.

That’s consistent with redaction decisions made both in the Mueller Report itself and as recently as last week.

It is a fact that when Roger Stone aide Andrew Miller testified, he did so before a non-Mueller grand jury. When Miller’s lawyer complained, Chief Judge Beryl Howell reviewed the subpoena and agreed that the government needed Miller’s testimony for either investigative subjects besides Stone or charges beyond those in his indictment. Indeed, one of the most interesting aspects of Mueller’s statement closing his investigation is the way it happened as Miller was finally agreeing to testify, effectively ensuring that it would happen under DC, not Muller.

Again, these are all facts. No matter how badly Glenn Greenwald desperately wants to — needs to — spin knowing actual facts about ongoing investigations as denial, it is instead basic familiarity with the public record (the kind of familiarity he has never bothered to acquire). At least as of earlier this year — or last week! — there has been reason to believe there are ongoing investigations into three of Trump’s closest advisors and several others who helped him get elected.

At least two of those investigations continue under grand juries, impaneled in March 2019, that Chief Judge Beryl Howell can extend beyond January 20, 2021.

Why Mueller closed up shop

Nevertheless, it is indeed the case that Mueller closed his investigation after producing a report that showed abundant obstruction by the President, but stated that his investigation “did not establish” that the Trump campaign engaged in coordination or conspiracy with Russia, including regarding a quid pro quo.

In particular, the investigation examined whether these contacts involved or resulted in coordination or a conspiracy with the Trump Campaign and Russia, including with respect to Russia providing assistance to the Campaign in exchange for any sort of favorable treatment in the future. Based on the available information, the investigation did not establish such coordination.

I’d like to end this post with speculation, one not often considered by those bitching about or claiming finality of the Mueller investigation.

In his closing press conference, Mueller emphasized two things: he saw his job as including “preserving evidence” against the President, and he noted that under existing DOJ guidelines, the President cannot be charged until after he has been impeached.

First, the opinion explicitly permits the investigation of a sitting President because it is important to preserve evidence while memories are fresh and documents are available. Among other things, that evidence could be used if there were co-conspirators who could now be charged.

And second, the opinion says that the Constitution requires a process other than the criminal justice system to formally accuse a sitting President of wrongdoing.

In Mueller’s explanation of why he didn’t hold out for an interview with Trump, he said that he weighed the cost of fighting for years to get that interview versus the benefit of releasing a report  with “substantial quantity of information [allowing people] to draw relevant factual conclusions on intent and credibility” when he did.

Beginning in December 2017, this Office sought for more than a year to interview the President on topics relevant to both Russian-election interference and obstruction-of-justice. We advised counsel that the President was a ” subject” of the investigation under the definition of the Justice Manual-“a person whose conduct is within the scope of the grand jury’s investigation.” Justice Manual § 9-11.151 (2018). We also advised counsel that”[ a]n interview with the President is vital to our investigation” and that this Office had ” carefully considered the constitutional and other arguments raised by . .. counsel, and they d[id] not provide us with reason to forgo seeking an interview.” 1 We additionally stated that “it is in the interest of the Presidency and the public for an interview to take place” and offered “numerous accommodations to aid the President’s preparation and avoid surprise.”2 After extensive discussions with the Department of Justice about the Special Counsel’s objective of securing the President’s testimony, these accommodations included the submissions of written questions to the President on certain Russia-related topics. 3

[snip]

Recognizing that the President would not be interviewed voluntarily, we considered whether to issue a subpoena for his testimony. We viewed the written answers to be inadequate. But at that point, our investigation had made significant progress and had produced substantial evidence for our report. We thus weighed the costs of potentially lengthy constitutional litigation, with resulting delay in finishing our investigation, against the anticipated benefits for our investigation and report. As explained in Volume II, Section H.B., we determined that the substantial quantity of information we had obtained from other sources allowed us to draw relevant factual conclusions on intent and credibility, which are often inferred from circumstantial evidence and assessed without direct testimony from the subject of the investigation.

I take that to mean that Mueller decided to end the investigation to prevent Trump’s refusals to testify to delay the release of the report for two years.

In his testimony, Mueller agreed, after some very specific questioning from former cop Val Demings, that Trump was not truthful in his answers to Mueller.

DEMINGS: Director Mueller, isn’t it fair to say that the president’s written answers were not only inadequate and incomplete because he didn’t answer many of your questions, but where he did his answers show that he wasn’t always being truthful.

MUELLER: There — I would say generally.

She laid out what I have — that Trump refused to correct his lies about Trump Tower Moscow, as well as that he obviously lied about his coordination on WikiLeaks. So lies are one of the things the Mueller Report documents for anyone who reads it attentively.

But Trump’s obstruction extends beyond his lies. His obstruction, as described in the Report, included attempts to bribe several different witnesses with pardons, including at minimum Manafort, Flynn, Cohen, and Stone (those aren’t the only witnesses and co-conspirators the evidence shows Mueller believes Trump bribed with promises of pardons, but I’ll leave it there for now).

So here’s what I think Mueller did. I suspect he ended his investigation when he did because he was unable to get any further so long as Trump continued to obstruct the investigation with promises of pardons. So long as Trump remains President, key details about what are egregious efforts to cheat to win will remain hidden. The ongoing investigations — into Manafort and Stone, at a minimum, but possibly into others up to and including the President’s son — cannot go further so long as any prosecutorial effort can be reversed with a pardon.

That said, some of those details will be revealed for the first time starting this week, in the Stone trial. And, if the Parnas and Fruman influence operation is, indeed, related to Manafort’s own, then Trump’s personal criminal involvement in that influence operation is being revealed as part of a parallel impeachment inquiry.

Which is to say that I suspect Mueller got out of the way to allow investigations that cannot be fully prosecuted so long as Trump remains President to continue, even as Congress starts to do its job under the Constitution. And Congress has finally started doing so.

Why Did Rebekah Mercer and Steve Bannon Start Preparing an Accusation that Hillary Had Corrupt Ties with Russia Starting on March 14, 2016?

Amid a lot of noise regarding the eight month investigation into Roger Stone (including that his assistant Jason Sullivan has been asked for the complete recordings of some conference calls he gave in 2016 and that he has passed two polygraphs that may not be asking the right questions), the WaPo has a detail of real interest. Mueller brought Steve Bannon back in for questioning Friday.

On Friday, Mueller’s team questioned Stephen K. Bannon, Trump’s former chief campaign strategist, about alleged claims Stone made privately about WikiLeaks before the group released emails allegedly hacked by Russian operatives, according to people familiar with the session.

I say that’s particularly interesting because of Bannon’s role in a series of events that come as close as anything to hint that Roger Stone and Jerome Corsi not only had advance knowledge that Wikileaks would release John Podesta’s emails, but may have known and planned for what those emails included.

Stone and Corsi seemed to expect that there would be Podesta emails relating to Joule

As I noted in these two posts, Stone’s evolving public stories explaining his knowledge of the stolen documents seem to attempt to do three things:

  • Provide non-incriminating explanations for any foreknowledge of WikiLeaks — first pointing to Randy Credico and now to James Rosen
  • Offer explanations for discussions about Podesta that he may presume Mueller has that took place around August 14
  • Shift the focus away from Joule and the remarkable prescience with which the right wing anticipated that WikiLeaks would be able to advance an attack first rolled out on August 1

Basically, over the course of August, several key events happened: Stone first started publicly claiming foreknowledge of what WikiLeaks would drop, tried to launch a counterattack against public reporting on Paul Manafort’s sleazy ties to Russian and Russian-backed Ukrainian oligarchs, and then warned that it would soon be John Podesta’s time on the barrel. Those events came amidst two separate oppo research efforts: An early one initiated by Bannon and (Clinton Cash author) Peter Schweizer that accused Hillary of corrupt ties to Russia, largely through John Podesta’s role a company called Joule Unlimited. And then a later one (starting at 39), written by Corsi, trying to impugn Hillary because her campaign manager’s brother was so corrupt he had worked with Trump’s campaign manager, Paul Manafort, and at Manafort’s instructions not properly declared the work. Stone seems to have wanted to conflate those two efforts, in part to suggest his August 21 tweet (and an August 15 one that may end up being just as interesting) referred to both brothers, not just John, and therefore not the earlier oppo effort.

What’s interesting, however, is that while Corsi claims Stone was quite interested in the Bannon/Schweizer effort and that his own report arose out of it, Stone was virtually silent about it up until the Podesta emails started dropping in October. In fact, the day before the Podesta emails dropped, Corsi renewed the focus on Joule, which in turn teed up a Stone report and then a Corsi one integrating but not linking emails released by WikiLeaks, followed four days later by a Corsi report actually showing how those WikiLeaks emails supported claims he and especially Stone had already made. While it is true that Stone doesn’t integrate evidence from the WikiLeaks emails until they were released, the analysis of those emails (Corsi’s) took place days after his first report on them.

One possible scenario to explain all that (and this is all speculative) is that Roger Stone, back when he was trying to find a way to respond to stories about Manafort, asked someone with access to the files Russia either already had or planned to share with WikiLeaks, and learned there were files in the dump pertaining to the attack already launched, focused on Joule. That is, Stone may have figured out that those emails were coming in August, and therefore held his focus on Joule until they were eventually released. In this scenario, then, when Stone predicted it would soon be Podesta’s time on the barrel, he may have been anticipating that the upcoming WikiLeaks dump would substantiate an attack his cronies had already made.

We know, for example, that in September 2016 he asked Randy Credico for help learning what Clinton emails on Libya — which Stone appears to have known or believed were in Assange’s hands but that had yet to be released — said. So it is consistent to assume that Stone tried to learn and plan for what was coming at other times. And his October 13 Joule attack is, as far as I’m aware, the one for which there is the most public evidence that he did plan the later attack.

That Joule attack was part of a report that remarkably anticipated the need to accuse Hillary of Russian ties

But all that raises another question I’ve been pondering: Why did Bannon and Schweizer already have an attack claiming Hillary had corrupt ties to Russia, ready to release on August 1? The timing was key: the report came out just over a week after the WikiLeaks DNC dump made the question of Russia’s tampering to defeat Hillary really pressing, and just days after Trump asked Russia to go find more Hillary emails. It also came as Manafort would have had the first rumors that stories of his own Russian ties would break.

The question is all the more important given that this was not a last minute report.

Indeed, according to the footnotes, the report was started in March 2016, even before John Podesta was hacked. The Obama White House fact sheet on that Administration’s attempted reset with Russia was accessed March 14, days before Podesta was hacked, and again on March 18, the day before Podesta was spearphished.

“U.S.-Russia Relations: “Reset” Fact Sheet.” The White House. June 24, 2010. Accessed March 14, 2016. https://www.whitehouse.gov/the-press-office/us-russia-relations-reset-fact-sheet.

[snip]

“U.S.-Russia Relations: ‘Reset’ Fact Sheet.” The White House. June 24, 2010. Accessed March 18, 2016. https://www.whitehouse.gov/the-press-office/us-russia-relations-reset-factsheet.

Some of the Hillary emails released by the State Department were accessed on March 28.

“Search Hillary Clinton’s Emails.” WSJ. March 1, 2016. Accessed March 28, 2016. http://graphics.wsj.com/hillary-clinton-email-documents/.

Reports on Viktor Vekselberg Silicon Valley’s initiative were accessed in March, too.

24 “Skolkovo Innovation Center.” Skolkovo Innovation Center. Accessed March 24, 2016. http://in.rbth.com/skolkovo.

25 “Cisco Commits $1 Billion for Multi-year Investment in Skolkovo.” ThinkRUSSIA. June 27, 2010. Accessed March 24, 2016. http://www.thinkrussia.com/business-economy/cisco-commits1-billion-multi-year-investment-skolkovo.

WikiLeaks Cablegate files on the Vekselberg effort going back to 2009 were accessed on April 27 (the day after George Papadopoulos learned the Russians had emails on Hillary they wanted to dump in an effort to help Trump).

“Russia Moving Into High Gear on Nanotechnology; Actively Seeking Cooperation with U.S.,” U.S. State Department Cable. February 11, 2009. Wikileaks. Accessed April 27, 2016. https://wikileaks.org/plusd/cables/09MOSCOW333_a.html.

Some of the Podesta Joule work was done in April.

Podesta, John. “Public Financial Disclosure Report.” Accessed April 20, 2016. https://s3.amazonaws.com/s3.documentcloud.org/documents/1227013/john-podesta-whitehouse-financial-disclosure-form.pdf. ”

Joule Unlimited, Inc.” Portfolio Companies. Accessed April 06, 2016

There were also a string of emails that would have come from officially released State emails (but which don’t include access dates; remember that most of those emails came in response to a Jason Leopold FOIA but WikiLeaks hosted them to great fanfare).

88 Mills, Cheryl D. “My List.” E-mail. July 27, 2009.

89 Podesta, John. “Calling.” E-mail. June 2, 2009.

90 Talbott, Strobe. “RE: Speech for Tomorrow’s Meeting.” E-mail. July 9, 2009.

91 Abedin, Huma. “Podesta.” E-mail. August 21, 2009.

92 Podesta, John. “[redacted].” E-mail. July 25, 2009;

One of the last access dates was May 10, 2016.

Nowak, David. “Key Skolkovo Partners Microsoft, Siemens, Reiterate Commitment to Project.” Skolkovo Foundation. November 13, 2014. Accessed May 10, 2016.

Unless I missed something, there are just three finishing touches added after that date, in mid-July.

“Fact Sheet-U.S.-Russia Business Summit.” Department of Commerce. June 25, 2010. Accessed July 18, 2016. http://2010-2014.commerce.gov/news/fact-sheets/2010/06/24/fact-sheet-us-russiabusiness-summit.html.

[snip]

“State in €70m Aids Partnership in Africa.” The Irish Times. October 25, 2006. Accessed July 15, 2016. http://www.irishtimes.com/news/state-in-70m-aids-partnership-in-africa-1.798426. “Press Release: President Clinton to Visit Pediatric AIDS Clinic in Mozambique, Beginning Trip to Africa to Focus on AIDS Care.” Clinton Foundation. June 17, 2005. Accessed July 15, 2016. https://www.clintonfoundation.org/main/news-and-media/press-releases-and-statements/pressrelease-president-clinton-to-visit-pediatric-aids-clinic-in-mozambique-beg.html.

All of this suggests that, by May 10, 2016, the report was just sitting there at Rebekah Mercer funded Government Accountability Institute, waiting for the right opportunity to accuse Hillary of ties to Russia; virtually the entire report was done before Democrats confirmed they had been hacked by Russia, and all the research was done before WikiLeaks dumped the DNC emails.

Ms. Mercer and a person close to her had a brief conversation regarding Mrs. Clinton’s deleted emails in June 2016, a month after Mr. Cruz had dropped out of the race, the person said. The person said they discussed whether it would make sense to try to access and release those emails, but ultimately decided that looking for them would create “major legal liabilities” and would be a “terrible idea.”

Rebekah Mercer kept trying to work with WikiLeaks on optimizing emails

That Rebekah Mercer was funding this attack (one that started long before the Mercers started backing Trump) is all the more interesting given several different efforts she or her employee made to reach out to WikiLeaks. There’s Alexander Nix’s offer to help WikiLeaks organize emails we weren’t supposed to know about yet in June 2016.

Mr. Nix responded that he had reached out to Mr. Assange two months earlier—in June 2016, before Cambridge Analytica had started working for the Trump campaign—to ask him to share Clinton-related emails so the company could aid in disseminating them, the person familiar with the email exchange said. He said Mr. Assange had turned him down. That outreach and subsequent rejection was confirmed by Mr. Assange earlier this week on Twitter.

Also in June, Ms. Mercer had a discussion about accessing Hillary’s deleted emails.

Ms. Mercer and a person close to her had a brief conversation regarding Mrs. Clinton’s deleted emails in June 2016, a month after Mr. Cruz had dropped out of the race, the person said. The person said they discussed whether it would make sense to try to access and release those emails, but ultimately decided that looking for them would create “major legal liabilities” and would be a “terrible idea.”

Then, again in August, Mercer asked Nix — or the GAI, the same outlet that did the Hillary Russia attack — about helping WikiLeaks with emails.

On Aug. 26, 2016, roughly a month after Mr. Trump formally became the Republican nominee, Ms. Mercer passed along to Mr. Nix an email she had received from a person she met at an event supporting Sen. Ted Cruz (R., Texas), whose presidential campaign she had initially supported during the GOP primaries, the person familiar with the exchange said. The email’s author suggested to Ms. Mercer that the Trump campaign or an allied super PAC ought to better index the WikiLeaks emails to make them more searchable, the person said.

Ms. Mercer forwarded the email to Mr. Nix, whose firm had started working for the Trump campaign in July 2016 after previously working for the Cruz campaign, according to the person. In the email, Ms. Mercer asked Mr. Nix whether the suggested organization of the emails was something Cambridge Analytica or the Government Accountability Institute—a conservative nonprofit that focuses on investigative research—could do, the person said. Ms. Mercer has sat on the board of the institute, which has received funding from her family.

Clearly, Mercer was thinking a lot about how to optimize the emails Russia had stolen.

Steve Bannon would know, at a minimum, about how he and Schweizer anticipated the need to project Russian corruption onto Hillary and her campaign manager way back in March 2016. But he also might know whether, in the wake of the GAI report, Stone or someone else got a preview of coming attractions, other emails they might later use to return to the Joule attack.

There Are Almost Certainly Other DAG Rosenstein Memos

As I noted in this post, Robert Mueller’s team of “Attorneys for the United States of America” responded to Paul Manafort’s claim that Rod Rosenstein’s grant of authority to the Special Counsel did not extend to the money laundering he is currently being prosecuted for by revealing an August 2, 2017 memo from Rosenstein authorizing Mueller to investigate, along with a bunch of redacted stuff,

Allegations that Paul Manafort:

  • Committed a crime or crimes by colluding with Russian government officials with respect to the Russian government’s efforts to interfere with the 2016 election for President of the United States, in violation of United States law;
  • Committed a crime or crimes arising out of payments he received from the Ukrainian government before and during the tenure of President Viktor Yanukovych.

As the filing notes, this memo has not been revealed before, neither to us nor to Manafort.

That’s all very interesting (and has the DC press corps running around claiming this is a big scoop, when it is instead predictable). More interesting, however, is the date, which strongly suggests that there are more of these memos out there.

Mueller is unlikely to have waited two and a half months to memorialize his scope

I say that, first of all, because Rosenstein wrote the August 2 memo two and a half months after he appointed Mueller. Given Trump’s raging attacks on the investigation, it’d be imprudent not to get memorialization of the scope of the investigation at each step. Indeed, as I’ve noted, in the filing Mueller points to the Libby precedent, arguing that this memo “has the same legal significance” as the two memos Jim Comey used to (publicly) memorialize the scope of Patrick Fitzgerald’s investigation.

The August 2 Scope Memorandum is precisely the type of material that has previously been considered in evaluating a Special Counsel’s jurisdiction. United States v. Libby, 429 F. Supp. 2d 27 (D.D.C. 2006), involved a statutory and constitutional challenge to the authority of a Special Counsel who was appointed outside the framework of 28 C.F.R. Part 600. In rejecting that challenge, Judge Walton considered similar materials that defined the scope of the Special Counsel’s authority. See id. at 28-29, 31-32, 39 (considering the Acting Attorney General’s letter of appointment and clarification of jurisdiction as “concrete evidence * * * that delineates the Special Counsel’s authority,” and “conclud[ing] that the Special Counsel’s delegated authority is described within the four corners of the December 30, 2003 and February 6, 2004 letters”). The August 2 Scope Memorandum has the same legal significance as the original Appointment Order on the question of scope.

The first of those Comey letters, dated December 30, 2003, authorized Fitz to investigate the leak of Valerie Plame’s identity. The second of those, dated February 6, 2004, memorialized that Fitz could also investigate,

federal crimes committed in the course of, and with intent to interfere with, your investigation, such as perjury, obstruction of justice, destruction of evidence, and intimidation of witnesses; to conduct appeals arising out of the matter being investigated and/or prosecuted; and to pursue administrative remedies and civil sanctions (such as civil contempt) that are within the Attorney General’s authority to impose or pursue.

It’s the second memo that memorialized Fitz’ authority to prosecute Scooter Libby for protecting Dick Cheney’s role in outing Valerie Plame.

Mueller, then the acting FBI Director, would presumably have been in the loop of the Fitz investigation (as Christopher Wray is in Mueller’s) and would have known how these two letters proceeded. So it would stand to reason he’d ask for a memo from the start, particularly given that the investigation already included multiple known targets and that Trump is even more hostile to this investigation than George Bush and Dick Cheney were to Fitz’s.

Admittedly, unlike the Comey memo, which was designed for public release, there’s no obvious, unredacted reference to a prior memo. Though something that might imply a prior memo is redacted at the top of the released memo (though this is probably a classification marking).

And, given that this memo was designed to be secret, Rosenstein may have written the memo to obscure whether there are prior ones and if so how many.

The memo closely follows two key dates

That said, the date of the memo, August 2, is mighty curious. It is six days after the July 27 Papadopoulos arrest at Dulles airport. And seven days after the July 26 no knock search of Paul Manafort’s Alexandria home.

That timing might suggest any of several things. It’s certainly possible (though unlikely) the timing is unrelated.

It’s possible that Rosenstein wrote the memo to ensure those two recent steps were covered by his grant. That wouldn’t mean that the search and arrest wouldn’t have been authorized. The memo itself notes that Mueller would be obliged to inform Rosenstein before each major investigative step.

The Special Counsel has an explicit notification obligation to the Attorney General: he “shall notify the Attorney General of events in the course of his or her investigation in conformity with the Departmental guidelines with respect to Urgent Reports.” 28 C.F.R. § 600.8(b). Those reports cover “[m]ajor developments in significant investigations and litigation,” which may include commencing an investigation; filing criminal charges; executing a search warrant; interviewing an important witness; and arresting a defendant.

Both Papadopoulos’ arrest and that dramatic search would fit this criteria. So it’s virtually certain Rosenstein reviewed Urgent Memos on both these events before they happened. Plus, his memo makes it clear that the allegations included in his memo “were within the scope of the Investigation at the time of your appointment and are within the scope of the Order,” meaning that the inclusion of them in the memo would retroactively authorize any activities that had already taken place, such as the collection of evidence at Manafort’s home outside the scope of the election inquiry.

As I noted, the memo also asserts that Special Counsels’ investigative authority, generally, extends to investigating obstruction and crimes the prosecutor might use to flip witnesses.

The filing is perhaps most interesting for the other authorities casually asserted, which are not necessarily directly relevant in this prosecution, but are for others. First, Mueller includes this footnote, making it clear his authority includes obstruction, including witness tampering.

The Special Counsel also has “the authority to investigate and prosecute federal crimes committed in the course of, and with intent to interfere with, the Special Counsel’s investigation, such as perjury, obstruction of justice, destruction of evidence, and intimidation of witnesses” and has the authority “to conduct appeals arising out of the matter being investigated and/or prosecuted.” 28 C.F.R. § 600.4(a). Those authorities are not at issue here.

Those authorities are not at issue here, but they are for the Flynn, Papadopoulos, Gates, and Van der Zwaan prosecutions, and for any obstruction the White House has been engaging in. But because it is relevant for the Gates and Van der Zwaan prosecutions, that mention should preempt any Manafort attempt to discredit their pleas for the way they expose him.

The filing includes a quotation from DOJ’s discussion of special counsels making it clear that it’s normal to investigate crimes that might lead someone to flip.

[I]n deciding when additional jurisdiction is needed, the Special Counsel can draw guidance from the Department’s discussion accompanying the issuance of the Special Counsel regulations. That discussion illustrated the type of “adjustments to jurisdiction” that fall within Section 600.4(b). “For example,” the discussion stated, “a Special Counsel assigned responsibility for an alleged false statement about a government program may request additional jurisdiction to investigate allegations of misconduct with respect to the administration of that program; [or] a Special Counsel may conclude that investigating otherwise unrelated allegations against a central witness in the matter is necessary to obtain cooperation.”

That one is technically relevant here — one thing Mueller is doing with the Manafort prosecution (and successfully did with the Gates one) is to flip witnesses against Trump. But it also makes it clear that Mueller could do so more generally.

Mueller used the false statements charges against Papadopoulos to flip him. He surely hopes to use the money laundering charges against Manafort to flip him, too. Both issues may have been at issue in any memo written to newly cover the events of late July.

Mueller may not have revealed the scope of the Manafort investigation at that time

Now consider this detail: the second bullet describing the extent of the investigation into Manafort has a semi-colon, not a period.

It’s possible Mueller used semi-colons after all these bullets (of which Manafort’s is the second or third entry). But that, plus the resumption of the redaction without a double space suggests there may be another bulleted allegation in the Manafort allegation.

There are two other (known) things that might merit a special bullet. First, while it would seem to fall under the general election collusion bullet, Rosenstein may have included a bullet describing collusion with Aras Agalarov and friends in the wake of learning about the June 9 Trump Tower meeting with his employees. More likely, Rosenstein may have included a bullet specifically authorizing an investigation of Manafort’s ties with Oleg Deripaska and Konstantin Kilimnik.

The Mueller memo actually includes a specific reference to that, which as I’ve noted I will return to.

Open-source reporting also has described business arrangements between Manafort and “a Russian oligarch, Oleg Deripaska, a close ally of President Vladimir V. Putin.”

The latter might be of particular import, given that we know a bunch of fall 2017 interviews focused on Manafort’s ties to Deripaska and the ongoing cover-up with Kilimnik regarding the Skadden Arps report on the Yulia Tymoshenko prosecution.

All of which is to say that this memo may reflect a new expansion of the Manafort investigation, perhaps pursuant to whatever the FBI discovered in that raid on Manafort’s home. If so, that should be apparent to him, as he and his lawyers know what was seized.

Still, I wouldn’t be surprised if he inquired about what authorized that July 26 raid, if for no other reason than to sustain his effort to make more information on Mueller’s investigation public.

The redactions almost certainly hide two expansions to the investigation as it existed in October 2016

Now let’s turn to what else (besides another possible Manafort bullet) the redactions might show, and what may have been added since.

The unredacted description of the Manafort investigation takes up very roughly about one fifth of the section describing allegations Mueller was pursuing.

The Schiff Memo revealed that DOJ had sub-investigations into four individuals in October 2016.

Endnote 7 made it clear that, in addition to Page, this included Flynn and Papadopoulos, probably not Rick Gates, and one other person, possibly Roger Stone.

In August 2017, all four of those would have been included in a Rosenstein memo, possibly with a bullet dedicated to Gates alone added. That said, not all of these would require two or more bullets (and therefore as much space as the Manafort description). Papadopoulos’ description might include two, one dedicated to the collusion and one to the lying about collusion, or just one encompassing both the collusion and the lying. Flynn’s might include three, one dedicated to the collusion, one to the lying about it, and one to the unregistered foreign agent work, including with Turkey, that we know Mueller to have been investigating; or, as with Papadopoulos, the lying about the collusion might be incorporated into that bullet. Stone’s bullet would likely have only reflected the collusion, an investigation that is currently very active. Carter Page’s suspected role as a foreign agent might be one bullet or two.

That suggests, though doesn’t confirm, that there are a few other things included in those redacted bullets, things not included in the investigation in October 2016 as reflected in the Schiff memo.

Indeed, we should expect two more things to be included in the bullet points: First, the name of any suspect, including the President, associated with the obstruction of justice. Rosenstein himself had already been interviewed with respect to that aspect of the investigation by August 2, so surely Rosenstein had already authorized that aspect of the investigation.

The redactions most likely also include the names of Don Jr and Jared Kushner (and Paul Manafort), for their suspected collusion with Russia as reflected in the June 9 meeting. At least according to public reporting, Mueller may have first learned of this in June when Manafort and Kushner confirmed it in turning over evidence to Congress and Mueller. The first revelations that Mueller was obtaining subpoenas from a dedicated grand jury were on August 3, just one day after this memo. That same day, reports described Mueller issuing subpoenas related to the June 9 meeting.

Indeed, it’s quite possible Rosenstein issued this memo to memorialize the inclusion of the President’s spawn among the suspects of the investigation.

Rosenstein has almost certainly updated this memo since August 2

All that said, there’s not enough redacted space to include the known expanded current scope of the investigation, and given that the newly expanded scope gets closer to the President, Rosenstein has surely issued an update to this memo since then. These things are all definitively included in the current scope of the investigation and might warrant special mention in any update to Rosenstein’s authorizing memo:

Many of these — particularly the ones that affect only Russians — might be included under a generic “collusion with Russia” bullet. The closer scrutiny on Jared, however, surely would get an update, as would any special focus on the Attorney General.

More importantly, to the extent Mueller really is investigating Trump’s business interests (whether that investigation is limited just to Russian business, or more broadly) — the red line the NYT helpfully set for the President — that would necessarily be included in the most up-to-date memo authorizing Mueller’s activities. There is no way Mueller would take actions involving the President personally without having the authorization to do so in writing.

Which is why we can be virtually certain the August 2 memo is not the last memo Rosenstein has written to authorize Mueller’s actions.

Mind you, Mueller probably wouldn’t want to release a memo with several pages of redacted allegations. Which may be why we’re looking at the redacted version of an almost certainly superseded memo.

Updated: Later today Mueller’s team asked to file a copy of an exhibit–which given Judge Berman Jackson’s description of it as released in redacted form, has to be the Rosenstein memo–under seal. Which suggests they’re going to show Manafort what else they’re investigating (which I bet is the Deripaska stuff).

The GOP PAC-thetic Effort to Disclaim Cambridge Analytica

In the wake of Friday’s news that Cambridge Analytica had not deleted psychographic data based off Facebook data, Republicans have claimed they didn’t rely on CA in 2016’s election. Major Garrett, for example, reported that, for most but not all uses, the Trump campaign replaced CA with RNC data after proving the latter more accurate.

In late September 2016, Cambridge and other data vendors were submitting bids to the Trump campaign. Then-candidate Trump’s campaign used Cambridge Analytica during the primaries and in the summer because it was never certain the Republican National Committee would be a willing, cooperative partner. Cambridge Analytica instead was a hedge against the RNC, in case it wouldn’t share its data.

The crucial decision was made in late September or early October when Mr. Trump’s son-in-law Jared Kushner and Brad Parscale, Mr. Trump’s digital guru on the 2016 campaign, decided to utilize just the RNC data for the general election and used nothing from that point from Cambridge Analytica or any other data vendor. The Trump campaign had tested the RNC data, and it proved to be vastly more accurate than Cambridge Analytica’s, and when it was clear the RNC would be a willing partner, Mr. Trump’s campaign was able to rely solely on the RNC.

Cambridge Analytica data was used for some targeted digital advertising and a large TV buy, but the main source of “get out the vote” and matching digital outreach data came from the RNC.

This story is not much different from one that got told last fall, in the wake of Brad Parscale’s testimony before the House Intelligence Committee. After using CA data for the first month of the general, the campaign transitioned to using RNC data (for whatever reason).

But according to both Parscale and [CA Chief Product Officer] Oczkowski, the campaign didn’t use Cambridge’s trove of data, opting instead for the RNC’s data file.

“The RNC was the voter file of record for the campaign, but we were the intelligence on top of the voter file,” Oczkowski says. “Sometimes the sales pitch can be a bit inflated, and I think people can misconstrue that.”

Parscale describes the firm’s work this way: “As I’ve said multiple times over prior statements, Matt Oczkowski and his team created a daily tracker of polling, so that I could see how Trump was doing in key swing states. They provided that to me daily.” Parscale says Cambridge also helped the campaign with what he calls “persuasion online media buying. They also helped us identify potential donors. And they created a visualization tool that showed in each state which areas were most persuadable and what those voters care about.”

As I noted at the time, however, Oczkowski claimed to be unaware of what CA was doing because the PAC activities were firewalled from campaign activities.

“I had absolutely no understanding any of this was going on, and I was surprised as everybody else when I saw the story” about Nix’s approach to Assange, Oczkowski says. During the campaign, he says his team was walled off from the rest of Cambridge, because the company was also working with a Trump Super PAC. Federal regulations prevent campaigns from coordinating with Super PACs. Of the 13 Cambridge staffers who worked in Trump’s San Antonio office, only four remain at the company.

Which, of course, suggests that the interesting stuff with CA was happening at the Super PAC, which just happens to have been run by the Mercers.

Today, Daily Beast reported that a Cambridge Analytica employee, Emily Cornell, gleefully pounced on the opportunity presented by the release of more stolen Hillary emails.

Cambridge Analytica hoped to capitalize on Russian hacking of Hillary Clinton and her ally, an email written by one of its employees indicates.

Emily Cornell, the employee, sent the email on July 29, 2016. It went out to people working with Make America Number One, the pro-Trump super PAC funded by Republican super-donors Robert and Rebekah Mercer.

After noting some of the firm’s work for the super PAC, Cornell wrote: “With her campaign getting hacked, I can only imagine what a new swatch [sic] of emails will do to her already fractured base!”

This seems to confirm two things. First, the Mercer directed efforts remained happy to exploit Russia’s theft even later in the process (remember the Alexander Nix email to Julian Assange kept Mercer in the loop). And also, the Trump campaign claim to have ditched Cambridge Analytica are only meaningful insofar as they really maintained that firewall between campaign and PAC.

Trump’s Campaign Didn’t Use Cambridge Analytica’s Pyschographics; Did His SuperPAC?

In the wake of news that the head of Cambridge Analytica, Alexander Nix, offered to help Julian Assange with the stolen Hillary emails, Wired has a good story on what Trump’s campaign did with CA. In general, it says that the campaign did not rely on CA’s data, nor did it use CA’s famed psychographics based in part of Facebook data.

Cambridge worked both for the Trump campaign and a Trump-aligned Super PAC. In June 2016, Cambridge sent three staffers, led by chief product officer Matt Oczkowski, to the campaign’s San Antonio office. Oczkowski’s team eventually grew to 13 people, working under Trump digital director Brad Parscale and alongside his staff and outside consultants. According to Parscale, the Cambridge staff provided useful analysis of data about the American electorate. They did not, however, provide the raw data—things like demographic information, contact information, and data about how voters feel about different issues—on which that analysis was done.

That may sound like a small distinction, but it’s a crucial one. Ever since it burst onto the scene of American politics in 2015, Cambridge has trumpeted its massive data trove, boasting 5,000 data points on every American. Cambridge claims to have built extensive personality profiles on every American, which it uses for so-called “psychographic targeting,” based on people’s personality types. It is feared by some, including Hillary Clinton, for conducting a kind of psychological warfare against the American people and dismissed by others as snake oil. Both Parscale and Oczkowski have said repeatedly that the Trump campaign did not use psychographic targeting.

In fact, however, the story suggests Trump’s campaign did use CA data for a month, in July, because the RNC wasn’t yet sharing its data with Trump.

The Cambridge staff helped the campaign identify which voters in the RNC’s data file were most likely to be persuadable, meaning they were undecided but looked likely to swing toward Trump. They also created lists of voters who were most likely to become donors. In August 2016, a Trump aide told me Cambridge was critical to helping the campaign raise $80 million in the prior month, after a primary race that had been largely self-funded by Trump. This was the only period during which Oczkowski’s staff relied on Cambridge’s data, because the RNC was just beginning to share its data with the Trump team.

According to the WSJ, July is when Nix reached out to Assange.

But there’s another implicit revelation in the story: in explaining why he didn’t know about Nix’s outreach to Assange, CA chief product officer Matt Oczkowski, who led CA’s efforts with the campaign, said that they were walled off from CA because of rules prohibiting cooperation between campaigns and SuperPACs.

“I had absolutely no understanding any of this was going on, and I was surprised as everybody else when I saw the story” about Nix’s approach to Assange, Oczkowski says. During the campaign, he says his team was walled off from the rest of Cambridge, because the company was also working with a Trump Super PAC.

Which of course suggests that CA was embedded even more with the SuperPAC.

And that, in turn, raises a slew of other questions. For example, did people who left the Trump campaign — most notably Roger Stone — have any ties with the SuperPAC? After all, Stone had a role in efforts to find Hillary’s emails and surely a bunch of other rat-fuckery (because that’s what rat-fuckers do). So did the wing that was openly asking Russians for help also have closer ties to the more sordid aspects of what CA does?