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Timeline: How Rudy Made It Hard for Mike Pompeo to Show Any Leadership

American Oversight FOIAed the documents showing Rudy Giuliani’s campaign to smear Marie Yovanovitch and the Bidens at State. For some of these, this represents another instance where NGOs have successfully obtained documents refused to Congress, but many of these were turned over to Congress by State’s Inspector General Steve Linnick in early October.

I did a thread on the documents here, but wanted to lay out the timeline of what the documents include. What it shows is that Rudy Giuliani and Mike Pompeo spoke twice around the time Rudy delivered a packet of disinformation to the Secretary of State. When Rudy’s campaign started showing publicly, with response from other Ambassadors and Congress, Department of State blew off their concerns.

March 26-29: Rudy shares a packet of information with Mike Pompeo wrapped up with Trump and White House labels

The bulk of these records document Mike Pompeo talking with Rudy Giuliani twice — on March 26 and 29 — and appear to include the materials they talked about, the packet of disinformation Rudy sent to State. The March 26 call does not appear in some of the month-long metrics sheets (see PDF 43), which makes me wonder whether Rudy called out of the blue.

March 26, 9:49AM: S (Pompeo) speaking with Rudy

March 26, 9:53AM: S finished speaking with Rudy

Pages 59-100 appears to be the disinformation packet Rudy sent, as follows:

  • Cover sheet addressing the packet, ostensibly from the White House (59)
  • Trump Hotels cover sheets (60 and 73; 77 and 88)
  • Initial copy of Viktor Shokin notes (61-62)
  • One copy of Yuriy Lutsenko notes, with underlines on section Lutsenko interview (63-66)
  • Annotated copy of Shokin notes (67-68)
  • Annotated copy of Lutsenko notes, incorporating original underlines (69-72)
  • A list of names (including Sergii Luschenko) (74)
  • A March 2016 letter from George Kent on US Embassy in Ukraine letterhead responding to a query about how US assistance was spent, with a post-it titled “Solomon articles” (75-76)
  • Two timelines (in another Trump folder) with no headers or title, ostensibly laying out Obama Administration corruption; the second has a post-it querying about its source (78-87)
  • Four John Solomon articles: one dated March 20 claiming Lutsenko had opened an investigation into how the Black Ledger was released, claiming it was a plot to help Hillary; another dated March 20 reporting Lutsenko claiming Yovanovitch had given him a do not prosecute list; a third dated March 20 reporting Lutsenko’s claim he had opened an investigation into the Black Ledger release; the draft of the March 26 column sent to Lev Parnas, Joe DiGenova, Victoria Toensing, and claiming the US embassy had shut down an investigation into a Soros backed anti-corruption group; the March 26 draft was sent from an unidentified ProtonMail account to someone unidentified (89-100)

That packet seems to show that Solomon wrote his four articles smearing Yovanovitch and Democrats based in part on the notes Rudy took in meetings with Shokin and Lutsenko. The draft status of the last Solomon article suggests that they were shared sometime on March 26, before it was posted.

March 27, 11:28AM: Rudy’s assistant, Jo Ann Zafonte, emails Trump’s then personal assistant Madelein Westerhout, asking for a number for Pompeo

March 27, 11:52: Westerhout asks someone what number she can have.

March 27, 12:03: In response, State gives Westerhout the scheduler’s number.

March 28, 9:27AM: Rudy (apparently, himself) calls to confirm the call on March 29

March 28, 9:34AM: State Ops Center emails someone whose name is redacted to ask if there will be monitors on Rudy’s call to Pompeo

March 28, 9:37AM: The person with redacted name informs David Hale about the call

March 29, 8:14AM: State puts Pompeo through to Rudy on his unsecure cell phone

March 29, 8:18AM: The call ends

April 1, 1:30: Pompeo speaks to Nunes (in one case described as HPSCI “Chairman”) on a secure line

April 8-15: Bill Taylor and other Ambassadors write David Hale about the smear of Yovanovitch

Pages 2-22 show Bill Taylor and other Ambassadors sending a letter decrying the attack on Yovanovitch (it was organized by John Herbst) to David Hale. The letter explained that the attack would not only weaken “the structure of our diplomatic engagement,” but “weaken the alliance” with Ukraine, “making it harder to take effective action against corruption.”

Hale forwarded it to Counselor Thomas Brechbuhl and Philip Reeker, as an FYI. Later that day, Reeker sends Brechbuhl an email memorializing a meeting about the topic which is entirely redacted under a deliberation exemption. The next day, Herbst sent a copy to Brechbuhl and someone else, the latter of whom responded to the FOIA. Herbst explained, “As we offered David, we would be happy to provide further information…” Brechbuhl responded mid-day the next day saying, “Thank you for your concern and offer. It’s much appreciated” — a polite brush-off.

On April 15, Hale sends it to someone whose name is redacted saying, “Not sure what to do with this.”

April 12-Jun 11: State ignores the concerns of Steny Hoyer and Eliot Engel

Pages 27-31 and 34-37 involve an April 12 letter Steny Hoyer and Eliot Engel sent to Pompeo urging him to defend his diplomats, using Yovanovitch as the urgent example. Internally, State (including Charles Faulker, who has been ousted for corruption) note that the Congressmen will not make the letter public. But Mary Elizabeth Taylor, the Legislative Affairs Assistant Secretary, does ask that it be tasked and turned around quickly.

Nevertheless, Taylor does not respond until June 11, in a letter in which she deflects with the Congressmen, claiming that Yovanovitch was due to finish her assignment this summer, and the end of her service coincided with the presidential transition in Ukraine.

Other

This doesn’t fit into the timeline at all, but pages 23-25; 32-33 include details Trident Acquisitions Chairman Edward Verona sent to Mike McKinley (these are included because he makes a reference to Yovanovitch) about a November 2018 visit to Ukraine.

The Proper Recipients for Lev Parnas’ Allegations Are the Ethics Committee and SDNY

CNN has a follow-up to Daily Beast’s story describing the jaunt Devin Nunes took to Vienna last December to dig up fabricated dirt on Joe Biden. It describes two things Parnas wants to share with HPSCI. First, Parnas wants to spill details about the Ukrainians, including Viktor Shokin, he set up Nunes with to pursue the Biden smear that has been the centerpiece of Trump’s impeachment defense.

“Mr. Parnas learned from former Ukrainian Prosecutor General Victor Shokin that Nunes had met with Shokin in Vienna last December,” said Bondy.

[snip]

Bondy tells CNN that his client and Nunes began communicating around the time of the Vienna trip. Parnas says he worked to put Nunes in touch with Ukrainians who could help Nunes dig up dirt on Biden and Democrats in Ukraine, according to Bondy.

Parnas confirms something I noted: the timing, between the time Republicans got shellacked in midterm elections and the time Adam Schiff took over as House Intelligence Committee.

Bondy told CNN that Nunes planned the trip to Vienna after Republicans lost control of the House in the mid-term elections on Nov. 6, 2018.

“Mr. Parnas learned through Nunes’ investigator, Derek Harvey, that the Congressman had sequenced this trip to occur after the mid-term elections yet before Congress’ return to session, so that Nunes would not have to disclose the trip details to his Democrat colleagues in Congress,” said Bondy.

Additionally, he wants to describe the “team,” including Rudy, Victoria Toensing and Joe DiGenova, Nunes’ chief conspiracist Derek Harvey, and John Solomon, that got together at Trump International to advance these smears.

Bondy tells CNN that Parnas is also willing to tell Congress about a series of regular meetings he says he took part in at the Trump International Hotel in Washington that concerned Ukraine. According to Bondy, Parnas became part of what he described as a “team” that met several times a week in a private room at the BLT restaurant on the second floor of the Trump Hotel. In addition to giving the group access to key people in Ukraine who could help their cause, Parnas translated their conversations, Bondy said.

The group, according to Bondy,  included Giuliani, Parnas, the journalist Solomon, and the married attorneys Joe diGenova and Victoria Toensing. Parnas said that Harvey would occasionally be present as well, and that it was Parnas’ understanding that Harvey was Nunes’ proxy, Bondy said.

Solomon confirmed the meetings to CNN but said that calling the group a team was a bit of a mischaracterization. Solomon said that connectivity happened more organically, and that his role was only as a journalist reporting a story.

A detail Parnas offers that is probably not true is that Nunes was working off John Solomon stories.

Parnas says that Nunes told him he’d been partly working off of information from the journalist John Solomon, who had written a number of articles on the Biden conspiracy theory for the Hill, according to Bondy.

That timing doesn’t work, as the key Solomon stories came out after the December trip. This appears to be an attempt on Parnas’ part to hide his role not just in translating the stories, but concocting them.

The story has generated a lot of excitement among the left, with people calling to give Parnas’ attorneys exactly what they’re looking for, a date with HPSCI.

That would be a mistake.

I say that for several reasons. First, this is part of a larger disinformation campaign, in which Parnas is a key player. He is legally fucked and has little downside to share just part of his information, while leaving the key bits (such as who is behind the larger campaign) obscured. His lawyers no doubt want to wring immunity from HPSCI to screw up the SDNY case.

But thus far, particularly given HPSCI’s narrow focus, Parnas’ story doesn’t help the impeachment case much. Moreover, it risks inserting disinformation into a thoroughly credible story of corruption. More importantly, it would make most Republicans  even more defensive, as members of HPSCI came under scrutiny, making it less likely rather than more they’d support impeachment.

Finally, Schiff has gotten nowhere with his demands for the documentary backup to these stories. Thus, HPSCI would be at a distinct disadvantage in trying to suss out what was true and bullshit in Parnas’ claims (in the same way that both HPSCI and SSCI did not have the key details on Don Jr’s involvement in 2016 events, which is why he would meet with them but not Mueller).

The proper place in Congress for these allegations is the Ethics Committee. Schiff has the ability to ask all three staffers and Nunes to step down from the committee until such issues are adjudicated, where they would be pursued in private, tamping down the polarizing aspect of this.

And, too, these allegations also belong in FBI, where they already are, with investigators whose subpoena power actually works. Anything that would undercut that effort would backfire in the long run.

Paul Manafort Knew of His Inclusion in the Black Ledger Two Months before NYT Story

In spite of Fiona Hill’s warnings not to peddle in Russian backed disinformation, the seemingly single frothy right talking point today is to embrace the claim that Ukraine, like Russia, tried to tamper in the 2016 election.

None of them have noted the fact that Paul Manafort confessed that he discussed carving up Ukraine and how to win Michigan in a meeting where he talked about how to get back on the gravy train of Ukrainian oligarchs  Serhiy Lyovochkin and Rinat Akhmetov (as well as Russian oligarch Oleg Deripaska).

Instead, they’ve tried to pitch Ukrainians standing up for the territorial integrity of Ukraine as anti-Trump, in contradiction to Trump’s sworn answers to Robert Mueller. They’ve also accused Republican-paid experts doing open source research on Russian and Ukrainian corruption of being Democratic operatives. In particular, they’ve misrepresented sworn testimony to launch a claim that Sergii Leshchenko was a source for the Steele dossier and/or he said something mean about Paul Manafort, the aforementioned confessed recipient of Ukrainian influence peddling during the 2016 election.

The other day, Leshchenko debunked such claims, in part by noting that the version of the Black Ledger he released had had the Manafort related entries stripped from it.

I published the first portion of the “black ledger” on May 31, 2016. I published 22 pages from the secret manuscript of the Party of Regions, which was sent anonymously to my official email address at the parliament’s domain. The document listed under-the-table cash payments to Ukrainian politicians, lawmakers, judges and members of the Central Election Commission. However, Manafort was not mentioned there. His name was not in the 22 pages I obtained.

I did not have any other pages except for these ones, although I now know it was an excerpt from more than 800 pages that the black ledger contained. Believe me, had Manafort’s name been in the pages I obtained, I would have published it, because I think Manafort helped establish one of the most outrageously corrupt regimes in the world, headed by Yanukovych.

I learned that Manafort was featured in the full version of the black ledger only on Aug. 14, 2016 when the New York Times reported it. The day before, I was contacted by a Times’ journalist and asked if I knew anything about Manafort in Yanukovych’s records. I said I didn’t, and it was true. If I had that information, I would have been the first to publish it.

Four days after the New York Times article, on Aug. 18, 2016, the National Anti-Corruption Bureau of Ukraine, or NABU, officially confirmed that Manafort’s name appeared in the black ledger. According to it, he received cash payments of more than $12.7 million.

That raises the significance of something else Leshchenko notes (but which has largely escaped notice of the press here).

In a February 14, 2018 interview, member of the far right in good standing Steve Bannon told Robert Mueller that Manafort knew the story of his inclusion in the Black Ledger was coming two months before it came out in the NYT. (PDF 112-113)

Bannon told Trump he would take the position as Campaign Chief Executive.

At the time Trump was 16 points down, the campaign had no organization, no money, 75 % of the population thought the country was in decline, they were working with the “deplorables,” and Bannon had a 100% certitude that they would win . Bannon believed the big task was to give people permission to vote for Trump as commander in chief.

The next day Bannon met with Manafort, which was the same time that the news about the “Black Ledger” was breaking. Bannon was at campaign headquarters when Manafort told Bannon to come up to Trump Tower. When Bannon arrived, Manafort showed him something about a NY Times story about the ”Black Ledger” and $15 million dollars from the Ukraine. Bannon asked when t his story was coming out. Manafort replied that he had known about the story coming out for approximately 2 months and had not gotten involved in it. Bannon subsequently told Trump to keep Manafort, to not fire him, and to keep him around for a couple of weeks. Bannon called Kushner, and asked him to get back in order to do something publicity wise to counteract the negative press surrounding the story. Trump had asked Bannon at one time about “what was this thing with Manafort out of the Ukraine,” and they talked for approximately 15 minutes on it . Trump was never linked with other Russian news stories at the time, and he believed Manafort was a promoter . Trump was more worried about how they story made them look . Bannon believed that Trump talked with Manafort about the story.

There are several implications about this story, starting with the fact that Bannon didn’t think the story required Manafort to resign. Importantly, this means Manafort recognized that he would be implicated by the Black Ledger even though his name was not published in what Leshchenko released.

Significantly: If there was an impact by the story breaking in August 2016 — if it did damage to the Trump campaign — Trump has one person to blame for that. Paul Manafort, both because of his real corruption, but also because he didn’t warn the candidate.

Not Sergii Leshchenko. But Paul Manafort.

The same guy who Russian-backed Ukrainians had targeted for influence just 12 days before the story broke.

Devin Nunes Billed Taxpayers $63,000 for a Jaunt to Europe Chasing Accused Fraudster Lev Parnas’ Disinformation

Betsy Woodruff Swan just put the maraschino cherry on the impeachment sundae with this story describing how Lev Parnas served as tour guide for a trip Devin Nunes, failed NSC staffer Derek Harvey, and two other House Intelligence staffers took to Europe last year.

Lev Parnas, an indicted associate of Rudy Giuliani, helped arrange meetings and calls in Europe for Rep. Devin Nunes in 2018, Parnas’  lawyer Ed MacMahon told The Daily Beast.

Nunes aide Derek Harvey participated in the meetings, the lawyer said, which were arranged to help Nunes’ investigative work. MacMahon didn’t specify what those investigations entailed.

Nunes is the top Republican on the House committee handling the impeachment hearings—hearings where Parnas’s name has repeatedly come up.

Congressional records show Nunes traveled to Europe from Nov. 30 to Dec. 3, 2018. Three of his aides—Harvey, Scott Glabe, and George Pappas—traveled with him, per the records. U.S. government funds paid for the group’s four-day trip, which cost just over $63,000.

The travel came as Nunes, in his role on the House Intelligence Committee, was working to investigate the origins of Special Counsel Robert Mueller’s probe into Russian election meddling.

There’s much that’s crazy about the story: The inclusion of Harvey, a Mike Flynn loyalist who got fired from NSC; the role of Parnas’ lawyer, Ed MacMahon (who seems to be aiming to discomfort as many of the powerful people Parnas interacted with as possible); and the release of this story at the end of a week during which Nunes offered debunked conspiracy after debunked conspiracy in a bid to defend Trump.

But it’s the timing of the trip I find most interesting. While I’m sure Swan has a reason to invoke Nunes’ efforts to undercut Mueller, the trip actually comes long after HPSCI had moved on from trying to confuse about the Russian investigation. The effort had been picked up by a joint House Judiciary/Oversight effort; and even that was largely over by December 2018. Just as interestingly, the trip came after Republicans got shellacked in mid-term elections but before Democrats took over in the House. That is, this seems like a last ditch effort to chase down something that accused fraudster Lev Parnas was dangling in front of easy marks, while Nunes still had unfettered ability to squander taxpayer funds.

Devin Nunes has spent 2.5 years squealing that a respected Russian expert, Christopher Steele, shared information with DOJ with our own experts on organized crime, because that information was paid for by DNC. But he’s now billing taxpayers to chase after disinformation from an obvious grifter.

Impeachment Hearings: Day 2 – Marie Yovanovitch [UPDATE-2]

I’m putting up this post and thread dedicated to today’s hearing which was scheduled to begin at 9:00 a.m. ET. Updates to this post will appear at the bottom.

Former ambassador to Ukraine Marie Yovanovitch is now appearing before the House and opening statements have just finished.

If you’re not within range of television or can’t stream the hearing, you can follow along with these live Twitter threads:

Marcy’s thread

Brandi Buchman for Courthouse News

Law prof and author Jennifer Taub

Some of these feeds also appear in my Trump-Russia Twitter list; open it and refresh periodically.

CNN has a live update page dedicated to today’s hearing.

Washington Post’s live update page here.

Here’s a copy of Yovanovitch’s testimony on October 11 in closed door session, released November 4.

Here’s a copy of Yovanovitch’s written statement submitted today.

If you have other resources you feel are helpful, please share them in comments. Thanks.

UPDATE-1 — 10:28 a.m. ET —

Zelensky was pretty shrewd or innately savvy about the breadcrumbs he left in his interactions with Team Trump.

Trump’s tweet which Daniel Dale embedded as a snapshot:

And of course Trump can’t shut the fuck up; he’s now implied he’s had opposition research done into Yovanovitch’s work history. Why would he need to do that if his actions with regard to Ukraine were totally above board?

Adam Schiff has interrupted questioning to offer Yovanovitch an opportunity to respond to Trump’s tweet denigrating her, amounting to witness intimidation.

UPDATE-2 — 12:35 p.m. ET —

Marcy started a fresh live tweet thread for this afternoon’s testimony by Yovanovitch before the GOP’s counsel and committee members.

Emma Loop with BuzzFeed is now in the hearing room and has also begun a live tweet thread.

Related: If you didn’t hear already, Roger Stone was found guilty on seven counts of obstruction of proceedings, false statements, and witness tampering. Politico’s Darren Samuelson covered the verdict in a thread.

How odd so many of the people close to Trump have been found guilty or pleaded guilty to crimes related to his campaign or work related to Ukraine, Russia, and Turkey.

Devin Nunes Calls an Experienced Organized Crime Researcher Funded by Paul Singer a Democratic Operative

There’s a key part of Devin Nunes and Mark Meadows’ defense of the President yesterday that deserves far more attention, both for the way it distorts the factual record and how it suggests that simply being an expert on Russian and Ukrainian organized crime makes one a Democratic operative.

At issue is their bid to make the impeachment inquiry about Nellie Ohr, whom they’ve past falsely suggested had a role in mainlining the Steele dossier into DOJ and FBI. They’ve brought Nellie, the spouse of a key DOJ expert on organized crime, Bruce Ohr, back into their narrative by claiming she testified to Congress that Fusion GPS relied on Ukrainian sources. The idea is that Ohr’s testimony would prove that Trump had good reason to think Ukraine had it in for him in 2016, so could rightly ask Ukraine to investigate whether that amounted to tampering in the election.

Here’s how Nunes laid it out in his demand that Ohr be called to testify:

Nellie Ohr, former contractor for opposition research firm Fusion GPS. In a 2018 interview with the House Judiciary and Oversight Committees, Ms. Ohr stated that, during her work with Fusion GPS that ultimately assisted in the production of the Steele dossier–comprising false allegations against then-candidate Trump–Fusion GPS used information from sources in Ukraine, including Serhiy Leshchenko who recently lost his post from the Ukrainian parliament. Given President Trump’s documented belief that the Ukrainian government meddled in the 2016 election to oppose his candidacy, which forms the basis for a reasonable desire for Ukraine to investigate the circumstances surrounding the election and any potential Ukrainian involvement, Ms. Ohr is a prime fact witness who can assist Congress and the American public in better understanding the facts and circumstances surrounding Ukrainian involvement in the 2016 election.

In his demand, Nunes helpfully provides a footnote, to make it easy to see how many errors he makes in this paragraph. Here’s the passage of Ohr’s testimony before Congress that, Nunes falsely claims, backs his insinuations that Ohr tampered in the 2016 campaign.

GOP counsel Ryan Breitenbach is questioning her.

Q Was there indication from [her boss at Fusion GPS, Jake] Berkowitz or [Glenn] Simpson that they had any inside information as to whether there were suspicious connections with any of President Trump’s orbit of individuals including his family?

A What do you mean by “inside information”?

Q I would say any information that they specifically gave you, in terms of your employment with Fusion GPS, that would indicate that there were some level of connections with President Trump’s family and Russia?

A They would give me leads based on their open-source research and, you know, legal documents and other things.

Q Did they ever indicate that any of their leads were based off of sources of theirs?

A I don’t remember get- — regarding the Trump family, no.

Q Regarding any of the research during this year, 10-, 11-month period, was any — was any research based off of sources of theirs that you were aware of?

A Yes.

Q And who were the sources?

A I recall a — they were mentioning someone named Serhiy Leshchenko, a Ukrainian.

Q And did they give you any indication as to Leshchenko’s connections with them, how they got to know him? Were they doing work for him?

A With Fusion GPS?

Q Correct.

A I am not aware of how they

Q Were you aware of how they had a connection with him?

A I am not aware.

Q But you were aware that he was a source of information that was leading to information that they had, that they were then presenting to you as reasons for following up on opposition research or what research —

A Yes.

Q — that is, on President Trump or his family?

A My understanding is that some — yes. And — yes, it was not necessarily on his family that Leshchenko’s research was on.

Q Are you aware of what his research, or what his source information included?

A His source information, I am not aware.

Q You are just aware that he was a source of —

A Yes.

Q — Glenn Simpson? Or was it a source of Mr. Berkowitz? Or both?

A I am not aware of a differentiation between them. Just a source for Fusion GPS.

Q That is one source. Were there any other sources that you were aware of?

A I don’t think so. I don’t recall that there were.

Q And were you aware of Mr. Leshchenko prior to him being mentioned to you as a potential source of their information?

A Yes.

Q In what way?

A He is very well-known, Ukrainian, anti-corruption activist. So I had read about him in the press.

Q Had you studied him before?

A What do you mean by “studied”?

Q Performed independent research for any prior employer.

A No. I followed him in the — you know, if I saw him mentioned in the press, I read — I read about it.

Q And previous to this particular incoming knowledge from Mr. Simpson or just from Fusion GPS, were you aware of any connections between Mr. Leshchenko — am I saying that name, by the way?

A Yes.

Q — Mr. Leshchenko and President Trump, or anyone in President Trump’s familial orbit or even friendly orbit?

A I was unaware of any connections before that. [my emphasis]

Before this colloquy, Ohr had already testified that she had “no reason to believe” that her work was integrated into the Steele dossier at all. Democratic staffers walked her through passage after passage in the Steele dossier and asked her if her work had provided background for it, which she said it did not. She also had already explained (to both Jim Jordan and Mark Meadows in separate interactions directly) that she, “did online open source research using Russian sources, media, social media, government, you know, business registers, legal databases, all kinds of things.” Ohr’s testimony was backed by Glenn Simpson’s earlier appearances before Congress — including an appearance before HPSCI that Nunes attended; Simpson also said his own research was based off open source research.

Moreover, both the reports Nellie did (PDF 216 to 299) and a table she put together on Trump and his flunkies’ ties to suspect Russians show that the bulk of her research for Fusion preceded the time when Christopher Steele was working on the dossier. Significantly, that means much of Nellie Ohr’s work was paid by GOP billionaire Paul Singer, not the DNC.

So in this passage, Nellie Ohr is talking leads she got from her boss at Fusion, Jake Berkowitz, based off open source research he had done, that she would use to do more open source research, for a project mostly paid for by a Republican billionaire interested in the ties between Trump and Russian organized crime.

And what the passage shows is that:

  • Ohr said the information from Berkowitz came from open source reporting
  • She described herself getting information on Serhiy Leshchenko’s efforts, because he was a very well-known anti-corruption activist who was covered in the press
  • She twice said she was not aware of how Berkowitz and Simpson got their information from Leshchenko
  • She also said she didn’t know where Leshchenko got his information
  • Ohr said that Leshchenko’s reporting wasn’t focused on the Trump family (it almost certainly was focused on Paul Manafort, about whom Ohr wrote a detailed timeline)

In short, the transcript Nunes says supports a demand that Ohr testify does no such thing. Instead, it shows that this side of Fusion’s work relied on open source reporting, and that information on Leshchenko’s efforts was available via open sources. It also shows that Ohr repeatedly denied knowing whether the Fusion focus on Leshchenko was based on anything but open source reporting.

This transcript also shows that if Republicans really wanted to know about how Leshchenko’s work informed Fusion’s work, they should ask Simpson or Berkowitz to testify, because Ohr was only ever working from open sources — that is, doing research, mostly paid for by a Republican billionaire.

That background is all critically important for how Nunes ended yesterday’s testimony. In his closing statement at the hearing, Nunes restated his demand that Schiff permit Republicans to call their chosen witnesses, which he listed as:

  • The whistleblower
  • The folks that he spoke to
  • Numerous Democratic operatives who worked with Ukraine to meddle in the election

Obviously, Nellie Ohr — an experienced researcher on Ukrainian and Russian organized crime — must fall into the latter category.

So on top of all the ways Nunes misrepresented the Ohr’s testimony (or her ability to testify on the issues he claims to want to hear), there’s this. The Ranking Member of the House Intelligence Committee, Devin Nunes, believes that an expert on Ukrainian and Russian organized crime being paid to do open source research by a Republican billionaire must be a Democratic operative.

It Doesn’t Matter for Prosecutors’ Case that Randy Credico Was Bragging or (Purportedly) Drunk

Some reporters appear to be getting their understanding of the Roger Stone trial from Stone’s defense attorneys rather than from actually reading the indictment and the trial exhibits, because they report as truth that it will harm prosecutors’ case if Credico can be shown to be drunk or bragging when he suggested to Stone he had ties to Julian Assange. Here’s the NYT:

Complicating the prosecution’s case, both men appear to have repeatedly lied to and about each other. And both appear to have exaggerated their connections with WikiLeaks, either privately or publicly.

Mr. Credico testified that many of his claims regarding WikiLeaks amounted to “braggadocio” and that he repeatedly overstated his access to Mr. Assange partly as a way to “one-up” Mr. Stone.

While it is true that Stone’s lawyers are arguing that poor little Roger with the Nixon-tattoo Stone got lied to by both Credico and Jerome Corsi, that defense doesn’t actually exonerate Stone of the charges against him (which is noteworthy in and of itself). Stone is not accused of having a back channel to WikiLeaks, which claims about Credico’s credibility might undermine; he’s accused of lying about his claims about having one and who that is. Most notably, Stone is accused of lying about how he communicated with his claimed back channel(s), and no attacks on Credico can make the abundant correspondence between Stone and Credico disappear.

Consider the evidence presented to prove that Stone lied just last week, on top of what was already referenced in the indictment (which I laid out here).

1. STONE testified falsely that he did not have emails with third parties about Assange, and that he did not have any documents, emails, or text messages that refer to Assange.

In addition to having Credico and Steve Bannon introduce their own emails (and texts in the case of Credico) that mention Assange, FBI Agent Michelle Taylor introduced the Erik Prince texts described in the indictment that reference Assange (and confirm that those texts were with Prince), as well as an October 3, 2016 Stone email to Prince stating that he, “Spoke to my friend in London last night. The payload is still coming.”

2. STONE testified falsely that his August 2016 references to being in contact with the head of WikiLeaks were references to communications with a single “go-between,” “mutual friend,” and “intermediary,” who STONE identified as Credico.

As noted, the only evidence that Credico and Stone spoke about Assange post-dates the days in early August when Stone claimed to have an intermediary. Multiple comms from Credico show him pointing that out to Stone over and over and over (once even before the election and more explicitly in early 2017): he couldn’t be Stone’s intermediary because all their discussions of Assange post-date Stone’s claims to having an intermediary. Indeed, Credico and Stone even spoke about Stone’s intermediary when Stone appeared on Credico’s show on August 23, 2016.

To disprove that Credico could not be his intermediary, Stone would need to introduce evidence he and Credico talked about WikiLeaks before that. All Stone offered to disprove that were some Credico tweets from 2016 dated June 17, July 22, and July 24, none of which were addressed to Stone and only the first of which addresses upcoming email drops.

In addition, the government introduced communications that make it clear Stone was aware of Corsi’s import before he testified. For example, on March 24, 2017, Stone sent Corsi and Gloria Borger his attorneys’ letter to HPSCI stating he was “anxious to redress the false and misleading way he has been portrayed by some on the Permanent Select Committee.” That letter got sent one day after Corsi had posted the cover story he and Stone started working on the previous year.

Further, one of the most damning exhibits introduced last week shows that on October 19, 2017, Stone forwarded Credico an email from his attorney, Grant Smith, with the subject line “Credico Paragraph.” The email purported to share the paragraphs in an October 13, 2017 letter to HPSCI naming Credico as Stone’s source. But the version Smith sent to Stone which got forwarded to Credico materially differs from the one sent to HPSCI, in part by offering a half paragraph of complimentary language on Stone’s relationship with Credico that wasn’t actually included in the letter to HPSCI.

But it also includes this paragraph:

Mr. Stone noticed Credico had traveled to London on at least two occasions and conducted two landmark interviews with Julian Assange on WBAI. To be absolutely clear, Credico was only asked to confirm for Mr. Stone that the postings and interviews by Assange in which he claimed to have the Clinton data ,both of June 21 [sic], were accurate. Mr. Credico never said he knew or had any information as to source or content of the material. Mr. Credico never said he had confirmed this information with Mr. Assange himself. Mr. Stone knew Credico had his own sources within WikiLeaks and is credible. Mr. Stone concedes that describing Credico as a go-between or intermediary is a bit of salesmanship for his InfoWars audience but the confirmation by Credico turned out to be 100 % accurate. [emphasis original]

The unitaliczed text does show up in a form in Stone’s letter, albeit phrased in a way to downplay any potential request from Stone. But the italicized language does not show up in Stone’s letter. It’s effectively a script for Credico, one that might placate Credico’s concerns about Stone overstating his knowledge, but one that was false on its face.

3. STONE testified falsely that he did not ask the person he referred to as his “go-between,” “mutual friend,” and “intermediary,” to communicate anything to the head of Organization 1 and did not ask the intermediary to do anything on STONE’s behalf.

As I noted in this post, there are emails showing Stone requested both Corsi and Credico do things with regards to Assange. Two emails introduced last week prove that Stone knew he had such emails. On April 3, 2018, Stone’s lawyer Grant Smith wrote Stone cc’ing Corsi stating, “At Roger’s request, I attach the only 2 emails on the subject between the two of you.” That wasn’t true: An August 15, 2016 Corsi email stating, “More to come than anyone realizes,” is almost certainly also a reference to stolen emails.

Tellingly, the very next day, April 4, 2018, Stone sent Credico an email saying, “Everything I know about the WikiLeaks disclosures I heard from you and can prove it.”

More damning still, on March 10, 2018, Stone forwarded Credico the thread of emails, dating from September 2016, in which he requested that Credico ask Assange if he had emails on Libya. The thread includes Credico claiming, “I asked one of [Assange’s] lawyers,” a reference to Margaret Ratner Kunstler. Stone sent it as a threat — and indeed, his threats to attack Kunstler were probably among the most effective Stone used with Credico, per Credico’s testimony. But by sending it (this time not even involving his lawyers), Stone proved that he knew of the request he made of Credico in September 2016, and knew he had communications reflecting the request.

4. STONE testified falsely that he and the person he referred to as his “go-between,” “mutual friend,” and “intermediary” did not communicate via text message or email about WikiLeaks.

As the above shows, Stone not only did communicate extensively with Credico — his claimed intermediary — via text and email, but he was aware of it. Likewise, he was aware that he had communicated via email, the intermediary the government suggests he was trying to hide, with Corsi.

5. STONE testified falsely that he had never discussed his conversations with the person he referred to as his “go-between,” “mutual friend,” and “intermediary” with anyone involved in the Trump Campaign.

Ultimately, the government argues that this trial is going to be about Stone trying to hide how damning all this is for Trump, and it’s in Stone’s communications with the campaign that are most damning. Stone already proved he knew of the Bannon email introduced at trial last week when he shared it after Bannon went to the NYT. Much of the rest of the proof of this will show up in this week’s testimony, not least from Rick Gates.

Which is why Stone’s current defense story is so interesting: because it highlights that Stone continues to lie to cover up the Trump campaign’s knowledge of all this. By suggesting that Stone believed Corsi was also an intermediary for him, Stone’s lawyers are basically pleading guilty to several of the false statements charges against Stone — lies 1 through 4 as numbered here — as part of his defense! Effectively, this is not a defense to the charges against Stone. It is, instead, a new lie, meant to deny what he did not in his HPSCI testimony, that he had an intermediary, as a retreat position on his larger lie, that Trump didn’t know about any of this.

That Stone is still obstructing that fact is made all the more clear by two other exhibits introduced last week.

First, the government introduced the letter by which Stone cleaned up his lie denying speaking to any Russians. On June 15, 2018, after Michael Caputo described his testimony with Mueller’s team, Stone’s lawyer, Grant Smith, sent a letter to Devin Nunes admitting he and Stone entertained Henry Greenberg’s (whom Caputo correctly introduced to him as a Russian) offer of dirt on Hillary, only to say Stone and Trump wouldn’t spend money for such things.

Smith sent another letter on December 20, 2018, in which he asserted that, “Mr. Stone’s testimony provided during the interview was forthcoming, truthful, and wholly consistent with his many detailed public statements on the matters being investigated.” In other words, as recently as December of last year, Smith reaffirmed that Stone’s claims to have one intermediary who was Credico remained the operative story.

Given that Stone cleaned up the Greenberg story, it raises real questions why, at a time when Stone knew people had testified against him and after months during which emails proving Stone’s lies about having communications about Assange were lies had been aired publicly, Stone didn’t clean up his intermediary story in the December letter by saying what his attorneys are now arguing in court, that an epic rat-fucker was duped by a comedian and a hoaxster. That would have saved him a year of legal fees and a significantly diminished ability to work.

But it would have served to acknowledge that Corsi was an interlocutor before Robert Mueller closed up shop.

Update, 2/17/20: Fixed date on Credico email.

As I disclosed last year, I provided information to the FBI on issues related to the Mueller investigation, so I’m going to include disclosure statements on Mueller investigation posts from here on out. I will include the disclosure whether or not the stuff I shared with the FBI pertains to the subject of the post. 

Why Won’t Sean Hannity Defend Trump against Impeachment Under Oath?

Yesterday, the Republicans released their list of requested witnesses for the public impeachment hearings this week. The list includes:

  • Devon Archer, Hunter Biden’s business partner
  • Hunter Biden
  • Alexandrea Chalupa, the DNC consultant who conducted oppo research on Manafort [corrected] via non-official sources
  • Undersecretary of State David Hale, who gave a private deposition the details of which have not yet leaked
  • Tim Morrison, the NSC staffer who was on the Trump call but has said (in part because saying anything else would implicate him criminally) nothing he heard was a problem
  • Nellie Ohr, whom Nunes falsely accuses of assisting with the Steele dossier, but who collected oppo research on Trump based off leads which were in turn based off open source research
  • Kurt Volker
  • The whistleblower
  • The whistleblower’s sources

I’m amuses me they think Volker will help them, as it reflects their inability to process information as it has come in. In his testimony, Volker made a concerted effort to spin what happened in the least damaging way for Trump. He based much of that defense on the then-operative understanding that Trump had never mentioned Burisma in his conversation with Volodymyr Zelensky, thereby suggesting that that improper request never got beyond Rudy Giuliani to the President. But we now know that Trump did explicitly invoke Burisma in the call, but that it got redacted out by John Eisenberg and others. That is, precisely the detail that Volker used to exonerate the President has now been overtaken by events. Volker will likely spend part of his public testimony backtracking off the stances Republicans believe help the President.

While I assume Schiff will accept the request to call witnesses he himself has asked for depositions, Schiff has already ruled out calling Hunter Biden or the whistleblower.

Still, the most telling part of this list is that the most loyal defender of the President, Sean Hannity, is not on it.

It is now clear that Hannity is a key player in this information operation (unsurprisingly, given what we know about his efforts to coordinate Paul Manafort’s defense). Unlike John Solomon, Hannity’s personal implication in the slimy nest of legal conflicts that the President calls legal representation seem to have ended when Michael Cohen got busted. Unlike Rudy, Hannity’s status as a journalist should protect him from legal liability.

So there’s no reason — besides the fact he’d be under oath — why he shouldn’t be willing to testify about the several key events he played a part in.

For example, Marie Yovanovitch testified that she understands during a period when Hannity was attacking her personally, someone close to Mike Pompeo called Hannity and asked him to either substantiate the charges or stop.

THE CHAIRMAN: And did you ever find out when, you know, the allegations were being made or the attacks were being made by Donald Trump, )r., or Rudy Giuliani, did you ever find out what the Secretary of State’s position, whether the Secretary of State was going to defend you or not, apart from the refusal by the Secretary to issue a statement in your defense?

MS. YOVANOVITCH: What I was told by Phil Reeker was that the Secretary or perhaps somebody around hjm was going to place a call to Mr. Hannity on FOX News to say, you know, what is going on? I mean, do you have proof of these kinds of allegations or not? And if you have proof, you know, telI me, and if not, stop. And I understand that that call was made. I don’t know whether it was the Secretary or somebody else in his inner circle. And for a time, you know, things kind of simmered down.

THE CHAIRMAN: I mean, does that seem extraordinary to you that the Secretary of State or some other high-ranking official would call a talk show host to figure out whether you should be retained as ambassador?

MS . YOVANOVITCH: Wet 1 , I ‘m not sure that’ s exactly what was being asked.

THE CHAIRMAN: Well , they were aski ng i f what basi s they was Hannity one of the people criticizing you?

MS. Y0VANOVITCH: Yes. THE CHAIRMAN: 5o some top administration official was going to him to find out what the basis of this FOX host was attacking you tor?

YOVANOVITCH: Uh- huh.

THE CHAIRMAN: And did you ever get any readout on what the result of that conversation was?

MS. YOVANOVITCH: No, I didn’t, although I was told that it did take place.

Then later in the same deposition, Yovanovitch described how, in an appearance on Hannity’s show, the President pivoted from a question about Russia to focus on Ukraine, which the Ambassador thought might also be targeted at her.

[Dan Goldman] Are you also aware that on the night of April 25th that President Trump went on Sean Hannity’s show and discussed Ukraine?

A Yes. He was asked a question about Russia and he answered by responding about Ukraine.

Q And what was your reaction to that?

A Well, you know, I mean, I was concerned about what this would all mean.

Q In what way?

A Well, obviously, for me personally, not to make it all about me, but for me personally. But also, what does this mean for our policy? Where are we going?

In response, Hannity issued two angry denials on Twitter, not under oath, then linked to a (!!!) now debunked John Solomon piece, as if that did anything but confirm he was part of an information operation.

If Hannity wants to clear his name, surely he’s willing to do so under oath? While there, he can also explain why he keeps bringing Solomon, Joe DiGenova, and Victoria Toensing on his show, and why he doesn’t disclose that the latter two are working for mobbed up Ukrainian oligarch Dmitry Firtash.

Hannity has repeatedly hosted Joseph diGenova and Victoria Toensing, lawyers for Ukrainian oligarch Dmitry Firtash.

According to a Media Matters database, diGenova has appeared on Hannity’s show at least 37 times in 2018 and 2019. His partner Toensing has appeared on Hannity’s show at least 20 times during the same period.

Additionally, Hannity has hosted conservative writer John Solomon over 100 times in 2018 and 2019. Solomon, now a Fox News contributor, is also a client of Toensing and diGenova, and he coordinated with personal Trump lawyer Rudy Giuliani to inject his Ukraine disinformation into the media.

More importantly, when testifying under oath before the impeachment inquiry, Hannity can explain why Rudy’s Ukrainian grifters, Lev Parnas and Igor Fruman, were setting up an interview between him and Ukrainian prosecutor Viktor Shokin in Vienna, where Firtash has been bankrolling this entire influence operation.

While questions in Washington swirl around Shokin’s role in this controversy, Giuliani, Parnas, Fruman had specific plans for the former Ukrainian official up until the day of their arrest. According to those four sources, they told others they were headed to Vienna to help with a planned interview the next day: Shokin, they said, was scheduled to do an interview from the Austrian capital with Sean Hannity.

Through a spokesperson, Hannity said that “we never reveal our sources, potential sources, or persons they may or may not request to interview. Sean Hannity takes the first amendment seriously.”

He might even be able to explain whether, in Attorney General Barr’s visit to Rupert Murdoch’s home the night the grifters got arrested trying to flee the country (and so the night before Hannity was supposed to interview Shokin), he tipped off Hannity not to get on any planes?

Sean Hannity is a far more central fact witness on events associated with the impeachment than Biden, Archer, Chalupa, or Ohr. He’s one of Trump’s most loyal fans, so if there’s a defense of the President to be made, surely he’s willing to make it … under oath.

And yet, either Republicans aren’t willing to risk Hannity’s reputation, or Hannity is unwilling to repeat his claims denying involvement under oath.

Bill Barr Risks becoming Joseph Mifsud’s New Coffee Boy

Yesterday, the Daily Beast provided details about what Bill Barr was doing in Italy on the trip to dig up dirt first confirmed by the WaPo. According to DB, Barr and John Durham went to Italy on short notice (that is, even as the Ukraine scandal he is personally implicated in was breaking) to watch a videotaped deposition by Joseph Mifsud.

Barr was in Rome on an under-the-radar mission that was only planned a few days in advance. An official with the embassy confirmed to The Daily Beast that they had to scramble to accommodate Barr’s sudden arrival. He had been in Italy before, but not with such a clear motive. Barr and Durham are looking into the events that led to Robert Mueller’s Russia investigation, and suddenly all roads were leading to Rome.

The Daily Beast has learned that Barr and Durham were especially interested in what the Italian secret service knew about Joseph Mifsud, the erstwhile professor from Malta who had allegedly promised then-candidate Donald Trump’s campaign aide George Papadopoulos he could deliver Russian “dirt” on Hillary Clinton. The Italian justice ministry’s public records show that Mifsud had applied for police protection in Italy after disappearing from Link University, where he worked and, in doing so, had given a taped deposition to explain just why people might want to harm him.

A source in the Italian Ministry of Justice, speaking on the condition of anonymity, told The Daily Beast that Barr and Durham were played the tape. A second source within the Italian government also confirmed to The Daily Beast that Barr and Durham were shown other evidence the Italians had on Mifsud.

There are a ton of reasons why this trip is batshit crazy. For one, Barr is placing himself in the role of a line Special Agent, someone without the requisite expertise chasing off to watch taped depositions while he should be running DOJ. For another (as I’ll show in more detail later), Barr is literally just chasing conspiracy theories sown by sworn liar George Papadopoulos, conspiracy theories which fabulist John Solomon (and his obvious sources named Rudy Giuliani and some Russian and Ukrainian oligarchs including Oleg Deripaska) has both fed and magnified. That Barr is doing it as he becomes personally embroiled in a scandal which could implicate him criminally suggests he and Trump may be trying to beat the clock, produce results before the shit really hits the fan.

But what’s most remarkable about the trip is the Attorney General of the United States went out on this goose chase without first ensuring he’d get what he was promised.

There’s a principle often aired when discussing Trump’s failed diplomacy with North Korea. You don’t send out the Principal for a meeting before getting certain commitments that advance your own goals. Trump should not have met with Kim Jong-Un without first getting concessions, because by doing so he took away several things of value (such as conferring credibility on the world stage) that Kim was most interested in.

The same is true here. The Attorney General should never run off to do the work of an FBI line Special Agent. But he certainly shouldn’t do so unless he was getting what he was really after.

And Billy Barr just flew to Italy without getting what he was really looking for.

Handily, for this scandal, Papadopoulos and Solomon and Chuck Ross have been ready scribes for the script that Trump and Billy Barr are supposed to be following. It’s all out in the open.

The Attorney General’s voyage to Italy got set in motion last fall when Ross published two stories relying on Mifsud’s “attorney” Stephen Roh (who himself has close ties to Russia). The first, dated September 10, reported that Mifsud was alive and well hiding in Italy. The second, published October 24, was explicitly a set-up for George Papadopoulos’ testimony before the joint OGR/HJC investigation into the Russian investigation. It included comments from Roh alleging that Mifsud was not a Russian asset, but was instead a Western one. Ross included those comments almost as a side note, even though the comments make what would normally be big news.

Roh told TheDCNF this week that Mifsud claimed in their previous meetings that he was working under the direction of the FBI when he made contact with Papadopoulos. He also claims that Mifsud told him that he was ordered to stay out of the public spotlight until the conclusion of special counsel Robert Mueller’s investigation.

“Prof Mifsud explained that he is and was always a trusted cooperator of Western Intelligence services,” Roh said on Oct. 20.

“Prof Mifsud explained to us that he agreed not to speak, not to give interviews and to hide until the [Mueller] Investigation is terminated,” said Roh, who added that Mifsud claimed that he was being assisted by a London law firm in his discussions with the Mueller team.

The claims, if true, would be bombshell developments in the Russiagate saga. But TheDCNF was not able to independently verify Roh’s claims. The special counsel’s office declined comment.

While some of Roh’s claims about Mifsud would seem to support Papadopoulos’s theories, Roh has also said that Mifsud denies Papadopoulos’s allegation that he mentioned Clinton emails during their April 2016 meeting. Roh has asserted that Papadopoulos was working as an “agent provocateur” for a Western spy agency.

The next day, Papadopoulos — cued by Zachary Somers, then Majority Counsel for Bob Goodlatte — pointed to the Daily Caller piece as the basis for his belief that Joseph Mifsud was actually western intelligence.

Q Okay. So, and Mifsud, he presented himself as what? Who did he tell you he was?

A So looking back in my memory of this person, this is a mid-50’s person, describes himself as a former diplomat who is connected to the world, essentially. I remember he was even telling me that, you know, the Vietnamese prime minister is a good friend of mine. I mean, you have to understand this is the type of personality he was portraying himself as.

And, you know, I guess I took the bait because, you know, usually somebody who — at least in Washington, when somebody portrays themselves in a specific way and has credentials to back it, you believe them. But that’s how he portrayed himself. And then I can’t remember exactly the next thing that happened until he decided to introduce me to Putin’s fake niece in London, which we later found out is some sort of student. But I could get into those details of how that all started. Q And what’s your — just to kind of jump way ahead, what’s your current understanding of who Mifsud is?

A My current understanding?

Q Yeah. A You know, I don’t want to espouse conspiracy theories because, you know, it’s horrifying to really think that they might be true, but just yesterday, there was a report in the Daily Caller from his own lawyer that he was working with the FBI when he approached me. And when he was working me, I guess — I don’t know if that’s a fact, and I’m not saying it’s a fact — I’m just relaying what the Daily Caller reported yesterday, with Chuck Ross, and it stated in a categorical fashion that Stephan Roh, who is Joseph Mifsud’s, I believe his President’s counsel, or PR person, said that Mifsud was never a Russian agent.

In fact, he’s a tremendous friend of western intelligence, which makes sense considering I met him at a western spying school in Rome. And all his interactions — this is just me trying to repeat the report, these are not my words — and when he met with me, he was working as some sort of asset of the FBI. I don’t know if that’s true or not. I’m just reporting what my current understanding is of this individual based on reports from journalists.

As I’ll show, this was not the only time Papadopoulos did this in a deposition that was supposed to air what Papadopoulos knew, personally. His testimony served to validate conspiracy theories planted in right wing propaganda outlets.

In May Devin Nunes, in the guise of raising counterintelligence concerns about the number of high level people (including Boris Johnson, who would not be Prime Minister of the UK right now without dodgy financing of Leave) who had interacted with Mifsud, wrote a letter airing Roh’s claims and information that otherwise has been sourced from Roh, wrote Mike Pompeo, Paul Nakasone, Gina Haspel, and Chris Wray claiming Mueller misrepresented Mifsud.

Alternatively, if Mifsud is not in fact a counterintelligence threat, then that would cast doubt on the Special Counsel’s fundamental description of him and his activities, and raise questions about the veracity of the Special Counsel’s statements and affirmations. It should be noted that the Special Counsel declined to charge Mifsud with any crime even though, to justify seeking a prison sentence for Papadopoulos, the Special Counsel claimed Papadopoulos’ untruthful testimony “undermined investigators’ ability to challenge the Professor [Mifsud] or potentially detain or arrest him while he was still in the United States.” Furthermore, it’s still a mystery how the FBI knew to ask Papadopoulos specifically about Hillary Clinton’s emails, on multiple occasions throughout 2016-17 before having interviewed Mifsud, if the FBI hadn’t already somehow received this information directly or indirectly from Mifsud himself.

Obviously, Nunes’ “concerns” are rank bullshit. The tip from Australia was sufficient to raise question about the emails. And Mueller didn’t charge a bunch of other suspected foreign assets (some even in the US), which is how counterintelligence works. But Nunes’ letter sufficed to make this an official request.

Apparently, then, Stephen Roh shared a transcript of a deposition with some Republicans in Congress and Solomon. That, and more cues from Republicans, Roh, Papadopoulos, and who knows who else, got laundered through a Solomon story full of obvious misrepresentations (one that irks me, for example, is his use of a February 2017 email Mifsud sent following up on his FBI interview to claim Mifsud exchanged emails with the FBI, as if that substantiated an otherwise independent relationship with the Bureau). The news hook of the story is that John Durham wanted to interview Mifsud. But if he couldn’t do that, Solomon dutifully reported, Durham would like to “review a recorded deposition” he gave to Roh.

An investigator told Swiss attorney Stephan Roh that Durham’s team wanted to interview Mifsud, or at the very least review a recorded deposition the professor gave in summer 2018 about his role in the drama involving Donald Trump, Russia and the 2016 election.

The contact, confirmed by multiple sources and contemporaneous email, sent an unmistakable message: Durham, the U.S. attorney handpicked by Attorney General William Barr to determine whether the FBI committed abuses during the Russia investigation, is taking a second look at one of the noteworthy figures and the conclusions of former special counsel Robert Mueller’s final report.

Solomon went on to claim — and the frothy right believes it as scripture now — that if Durham would just interview Mifsud, he would learn that the whole Papadopoulos story was actually a set-up by Western intelligence agencies seeking to frame George Papadopoulos and Donald Trump.

Roh told me the information he is preparing to share with Durham’s team from his client will accentuate those concerns.

Mifsud was a “longtime cooperator of western intel” who was asked specifically by his contacts at Link University in Rome and the London Center of International Law Practice (LCILP) — two academic groups with ties to Western diplomacy and intelligence — to meet with Papadopoulos at a dinner in Rome in mid-March 2016, Roh told me.

A May 2019 letter from Nunes to U.S. intelligence officials corroborates some of Roh’s account, revealing photos showing that the FBI conducted training at Link in fall 2016 and that Mifsud and other Link officials met regularly with world leaders, including Boris Johnson, elected today as Britain’s new prime minister.

A few days after the March dinner, Roh added, Mifsud received instructions from Link superiors to “put Papadopoulos in contact with Russians,” including a think tank figure named Ivan Timofeev and a woman he was instructed to identify to Papadopoulos as Vladimir Putin’s niece.

Mifsud knew the woman was not the Russian president’s niece but, rather, a student who was involved with both the Link and LCILP campuses, and the professor believed there was an effort underway to determine whether Papadopoulos was an “agent provocateur” seeking foreign contacts, Roh said.

The evidence, he told me, “clearly indicates that this was not only a surveillance op but a more sophisticated intel operation” in which Mifsud became involved.

The point is, though, that the ask was an interview, at which Barr and Durham (and, if they had brought experienced interrogators, which the DB does not report they did) would be able to test Mifsud’s credibility. Sitting in a secure room and watching a deposition (without experts there to test the provenance of the deposition video, no less) was not the ask and provides no way to obtain what would really be necessary.

But Barr didn’t demand that, and he didn’t get that. Instead, he allowed himself to be lured into a dark room in Italy to watch something — possibly without anyone with the relevant counterintelligence expertise to help him understand it — that provides very little useful information to test Mifsud’s claims. That puts the Attorney General in an incredibly vulnerable position (even beyond being implicated in covering up the President’s extortion to get such access), because he not only has traded away a lot of leverage to get what he would actually need to test this information, but he has already met a suspected Russian asset on the asset’s terms.

A lot of what Papadopoulos has done over the last three years was downright idiotic. But he has the excuse of being stupid, untrained, venal, and overly ambitious.

Billy Barr has no excuses for doing something that is even stupider than much of what Papadopoulos did. And yet he did just that.

Two Factors that May Change the Impeachment Calculus, Part One: To Enforce a GOP Subpoena Covering a Trump Lie to Mueller

Since Justin Amash started laying out the necessity of impeachment and even more after yesterday’s Mueller press conference, the question of whether or not to start an impeachment proceeding against the President has picked up steam.

In my opinion, Democrats have to start that process, in part to have a ready response as Trump’s increasingly authoritarian approach to governing violates more and more foundational norms.

But I also wanted to point to two fairly recent developments that may change that calculus. This post will describe how Trump Organization did not comply with a GOP-issued Congressional subpoena that sustained a lie that Trump has since reiterated, under oath, to Mueller.

New evidence that Trump lied to Mueller and Trump Organization defied a (GOP-issued) subpoena

As I noted the other day, Michael Cohen’s testimony to the House Intelligence Committee revealed several things:

  • Trump replicated Cohen’s lies — that is, a cover story his defense attorney helped to write — in his sworn answers to Mueller
  • Trump Organization (probably Alan Garten) withheld emails from Cohen and HPSCI that would have made it clear Cohen was lying about the Trump Tower Moscow deal

Trump’s statement, submitted under oath, to Mueller included the following assertions:

  • Trump and Cohen only had a few (three) conversations about the deal rather than ten or more
  • Trump did not know of any travel plans to Russia
  • Trump didn’t discuss the project with anyone else at Trump Org, including Ivanka and Don Jr
  • Cohen’s attempt to contact Dmitry Peskov in January 2016 was via a public email address and proved unsuccessful

Compare those lies with the three main lies Cohen pled guilty to.

  • The Moscow Project ended in January 201 6 and was not discussed extensively with others in the Company.
  • COHEN never agreed to travel to Russia in connection with the Moscow Project and “never considered” asking Individual 1 to travel for the project.
  • COHEN did not recall any Russian government response or contact about the Moscow Project.

That is, in spite of rumblings that Cohen was cooperating with Mueller, Trump still told the story his lawyer had helped Cohen write. And Mueller gave Trump an opportunity to fix his testimony, but he refused. In spite of the more-than-a-year long effort to avoid telling lies to the Special Counsel, Trump still managed to do so.

Perhaps that’s why the FBI (though possibly NY-based agents tied to the investigation into Bob Costello’s pardon dangle) interviewed Cohen again on March 19, 2019, which is the latest interview noted in the Mueller Report (this section must be one of the last things Mueller’s team finished as footnotes 1057-9 and 1071 all post-date the discussion of Trump’s non-responsive answers in Appendix C).  Along with more details about the various pardon dangles offered to Cohen, that interview elicited this testimony:

During the summer of 2016, Cohen recalled that candidate Trump publicly claimed that he had nothing to do with Russia and then shortly afterwards privately checked with Cohen about the status of the Trump Tower Moscow project, which Cohen found “interesting.”940 At some point that summer, Cohen recalled having a brief conversation with Trump in which Cohen said the Trump Tower Moscow project was going nowhere because the Russian development company had not secured a piece of property for the project.941 Trump said that was ” too bad,” and Cohen did not recall talking with Trump about the project after that.942 Cohen said that at no time during the campaign did Trump tell him not to pursue the project or that the project should be abandoned. 943

[snip]

Cohen recalled explaining to the President’s personal counsel the “whole story” of the attempt to set up a meeting between Trump and Putin and Trump’s role in it.981 Cohen recalled that he and the President’s personal counsel talked about keeping Trump out of the narrative, and the President’s personal counsel told Cohen the story was not relevant and should not be included in his statement to Congress.982

[snip]

941 Cohen could not recall the precise timing of this conversation, but said he thought it occurred in June or July 2016. Cohen recalled that the conversation happened at some point after candidate Trump was publicly stating that he had nothing to do with Russia.

That Trump adhered to this lie even after Cohen showed signs of flipping makes the apparent fact that Trump Organization withheld emails that would make it clear Cohen lied to the House Intelligence all that more damning. This is one of three emails that would have made it clear to HPSCI in real time that Cohen was lying that apparently did not get turned over.

Remember: Cohen was almost alone among Trump flunkies in having been subpoenaed by any committee in Congress. And the subpoena that Trump Organization defied was signed not by Adam Schiff, but by Devin Nunes [Update: this may have been Mike Conaway].

Even with all the efforts Republicans in Congress have made to help Trump avoid legal jeopardy, he — or rather, his eponymous company — still managed to break the law in complying with GOP requests!

Congress can obtain withheld Trump Organization emails more easily than thought

And while normally proving that Trump Organization violated the law to protect the President would be especially hard for Congress to prove (because they’ll fight subpoenas even more aggressively than Trump’s accountants or creditors), the opposite may be the case in this instance.

That’s because since June 21, 2017, Microsoft — which provides Trump Organization’s email service for the company — has been preserving Michael Cohen’s Trump Organization emails and since July 14, 2017, Microsoft has been preserving all Trump Organization emails.

54. On or about July 14,2017, the Federal Bureau of Investigation sent a request, pursuant to l8 U.S.C. $ 2703(f), to Microsoft, requesting that Microsoft preserve all content for all email accounts associated with the domain “trumporg.com,” which included the Target Account.

[snip]

62. On or about June 21, 2017, the Federal Bureau of Investigation sent a request, pursuant to 18 U.S.C. $ 2703(f), to Microsoft, requesting that Microsoft preserve all content associated with the Target Account.

So rather than going to Trump Organization to obtain proof that their Attorney Alan Garten withheld documents that were clearly responsive to a Congressional subpoena, HPSCI can go to Microsoft itself.

Michael Cohen is the a demonstrable example of someone who was willing to lie only so long as a pardon offer was on the table

One more detail about Cohen makes his case a particularly apt case to impeach the President.

The sworn evidence in the case makes it very clear Cohen was willing to — and did — lie to Congress so long as he believed he’d be pardoned for those lies.

But as soon as it became clear that he could not expect a pardon, Cohen decided to start telling the truth.

(I’ll revisit and reconfirm this, but the record shows that a pardon was withdrawn (and Trump stopped paying Cohen’s legal bills) around the same time 1) Trump got to see all the paperwork and recording that might back Cohen’s claims against him 2) He saw that Cohen had recorded him agreeing to the Karen McDougal hush payment).

He told the truth about something implicating “Individual-1” as a co-conspirator.

And he told the truth about lying to Congress.

In other words, with Cohen, it will be very easy to show that Trump’s pardon offers led to a witness providing false testimony in response to a Congressional subpoena (false testimony made possibly only through parallel obstruction on the part of Trump’s business).

In other words, Cohen is a fairly strong case proving Trump successfully suborned perjury.

So with Cohen, there is all new evidence of Trump-related crimes: Trump’s sworn lies about Trump Tower Moscow to Mueller mirrored by Trump Organization’s defiance of a Republican issued Congressional subpoena on precisely that topic.

And Congress should be able to get proof of it.

This provides an opportunity to pitch impeachment in terms of GOP equities. That will surely not make a difference for Republicans, at first, but for any that want to find an excuse to come around to supporting impeachment, it may be useful down the road.

As I disclosed last July, I provided information to the FBI on issues related to the Mueller investigation, so I’m going to include disclosure statements on Mueller investigation posts from here on out. I will include the disclosure whether or not the stuff I shared with the FBI pertains to the subject of the post.