Posts

DNC Convention 2024: Day 1

[NB: check the byline, thanks. /~Rayne]

The Democratic National Committee Convention 2024 opened today at United Center in Chicago IL.

Expect both the traditional and the unconventional given the attendees and keynotes as well as the organizers behind this four-day event.

Here’s today’s convention schedule (times shown are Central Time):

7 a.m.-9:30 a.m.: Delegation breakfasts
9 a.m.-10a.m.: Morning press briefing
9:30 a.m.-11:30 a.m.: Black Caucus meeting
9:30 a.m.-11:30 a.m.: Hispanic Caucus meeting
9:30 a.m.-11:30 a.m.: AAPI Caucus meeting
9:30 a.m.-11:30 a.m.: Native American Caucus meeting
9:30 a.m.-11:30 a.m.: Ethnic Council meeting
12 p.m.-1:30 p.m.: LGBTQ+ Caucus meeting
12 p.m.-1:30 p.m.: Small Business Council meeting
12 p.m.-1:30 p.m.: Labor Council meeting
1:45 p.m.-3:15 p.m.: Environmental & Climate Crisis Council meeting
5:30 p.m.-10 p.m.: Main programming

Main programming has already begun.

Best channels on which to catch the majority of this evening’s programming:

• C-SPAN will carry the entire convention uninterrupted for all four days.

• CBS News’ primetime coverage of the convention will air Monday through Thursday from 8-11 p.m. ET and be anchored by “CBS Evening News” anchor and managing editor Norah O’Donnell.

• CNN will provide nearly 24/7 live on-air coverage of the DNC, including special live coverage each night from 8 p.m.-midnight ET with “CNN Democratic National Convention.”

• NewsNation will have special primetime coverage entitled “Decision Desk 2024: The Democratic National Convention,” which will air each day from 8 p.m.-midnight ET. It will be co-anchored by Chris Cuomo, Elizabeth Vargas and Leland Vittert.

• MSNBC will air special coverage from 8 p.m. to midnight each night and will also livestream all four days of the convention on its YouTube channel, the New York Times reports.

(source for schedule and channel lineup: USA Today)

The other networks including MSNBC’s parent have highly abbreviated coverage.

Tonight’s speaker line up already in progress (via ABC channel 6):

5:15 p.m.

• Call to Order: Minyon Moore, chair of the 2024 Democratic National Convention Committee, Jaime R. Harrison, chairman of the Democratic National Committee
• Invocation: Cardinal Blase Cupich, archdiocese of Chicago
• Land Acknowledgement: Zach Pahmahmie, Tribal Council Vice-Chairman of the Prairie Band Potawatomi Nation and Lorrie Melchior, Tribal Council Secretary of the Prairie Band Potawatomi Nation
• Presentation of Colors: Illinois State Police Honor Guard
• Pledge of Allegiance: William Harrison, 9, and Charles Harrison, 5
• National anthem: Soul Children of Chicago
• Remarks and video introduction: Chicago Mayor Brandon Johnson
• Presentation of the Convention Agenda: Jaime Harrison joined by vice chairs Keisha Lance Bottoms, Ken Martin, and Henry R. Muñoz III, Treasurer Virginia McGregor, and Finance Chair Chris Korge
Confirmatory and Ceremonial Vote for the Vice Presidential Nominee: Minyon Moore

6 p.m.

• Welcome remarks: Peggy Flanagan
• Welcome Remarks: Jaime Harrison
• Remarks: U.S. Rep. Maxine Waters
• Joint Remarks: Derrick Johnson, President & CEO of the NAACP and Melanie L. Campbell, President & CEO of the National Coalition on Black Civic Participation
• Honoring the Rev. Jesse L. Jackson, Sr, accompanied by Jonathan Jackson and Yusef D. Jackson.
• Remarks: U.S. Rep. Lauren Underwood
• Video: Rich Logis: former Donald Trump voter
• Remarks: U.S. Rep. Robert Garcia
• Remarks: Brian Wallach and Sandra Abrevaya, health care advocates and founders of I Am ALS
• Remarks: U.S. Senator Dick Durbin
• Remarks from Arizona: Dutch Martinez and Ryan Ahern, The United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada (UA)
• Remarks: U.S. Rep. Joyce Beatty
• Joint Remarks: Lee Saunders, president of the American Federation of State, County, and Municipal Employees (AFSCME), April Verrett, president of the Service Employees International Union (SEIU), Brent Booker, general president of the Laborers’ International Union of North America (LiUNA), Kenneth W. Cooper, international president of the International Brotherhood of Electrical Workers (IBEW), Claude Cummings Jr., president of the Communications Workers of America (CWA) and Elizabeth H. Shuler, president of the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO)
• Remarks: Los Angeles Mayor Karen Bass
• Performance: Mickey Guton
• Joint Remarks on “Investing in the Future”: California Lt. Gov. Eleni Kounalakis, Pennsylvania Lt. Gov. Austin A. Davis, Wisconsin Lt. Gov. Sarah Rodriguez and Harris County, Texas Judge Lina Hidalgo

7 p.m.

• “Project 2025-Chapter One: Introduction”: Michigan state Sen. Mallory McMorrow
• Remarks: U.S. Rep. Debbie Wasserman Schutz
• Remarks: U.S. Sen. Laphonza Butler
• Remarks: U.S. Rep. Linda Haskins
• Remarks: Lt. Jeremy Warmkessel, President of Local 302 IAFF Allentown Firefighters, Pennsylvania
• Remarks: Maria-Isabel Ballivian, Executive Director of the Annandale Christian Community for Action Childhood Development Center, Virginia
• Remarks: Deja Foxx, reproductive rights activists and content creator
• Performance: Jason Isbell
• Remarks: Gina M. Raimondo, United States secretary of commerce
• Remarks: New York Gov. Kathy Hochul

8 p.m.

• Remarks: Steve Kerr, Team USA men’s basketball coach
Shawn Fain, president of the United Automobile Workers
• U.S. Rep. Alexandra Ocasio-Cortez
• Remarks: Stacey Johnson-Batiste and Doris Johnson, childhood friends of Kamala Harris
• Hillary Rodham Clinton, former United States secretary of state
• U.S. Rep. James E. Clyburn
• U.S. Rep. Jamie Raskin
• U.S. Rep. Jasmine Crockett
• U.S. Rep. Grace Meng

9 p.m.

• Joint Remarks: Amanda and Josh Zurawski, Texas; Kaitlyn Joshua, Louisiana; Hadley Duvall, Kentucky
• Remarks: Kentucky Gov. Andy Beshear
• Remarks: The Rev. Raphael G. Warnock, Georgia senator
• Remarks: U.S. Sen. Chris Coons
• Remarks: First Lady Jill Biden
• Performance: James Taylor
• Ashley Biden
• President Joe Biden
• Benediction: Rabbi Michael S. Beals and Pastor Cindy Rudolph
• Gavel out: Minnesota Lt. Gov. Peggy Flanagan

Some of the DNCC’s events noted above were conducted at McCormick Place earlier in the day, including these speakers:

• Black Caucus featuring Rep. Barbara Lee and Rep. Jahana Hayes
• Hispanic Caucus featuring Miguel Cardona, House Democratic  Caucus Chair Pete Aguilar and Rep. Maxwell Frost
• AAPI Caucus featuring Rep. Raja Krishnamoorthi
• Native American Caucus featuring Tucson Mayor Regina Romero
• Ethnic Council featuring Lisa Ann Walter and former New York Mayor Bill de Blasio
• LGBTQ+ Caucus featuring Massachusetts Gov. Maura Healey, Rep. Debbie Wasserman Schultz, BenDeLaCreme, and Peppermint
• Labor Council featuring Miguel Cardona, Kentucky Gov. Andy Beshear, Pennsylvania Gov. Josh Shapiro, Rep. Tom Suozzi, Rep. Donald Norcross, and AFL-CIO President Liz Shuler
• Small Business Council featuring Rep. Morgan McGarvey
• Environmental and Climate Crisis Council featuring Rep. Ro Khanna and AFT President Randi Weingarten

As media coverage of the convention begins, take heed:

Laffy @[email protected]

Via Richard Stengel:

A word of caution to the press: a political convention is the place where more journalists are in one place in search of fewer stories than any other situation. The tendency is to blow up something small because it’s new, not because it’s important. Don’t do that. #DNC2024

Aug 19, 2024, 01:56 PM

Expect bullshit coverage. In addition to likely puny-matters-blown-up for the clicks, there’s a raft of crap being strewn by right-wing media outlets right now, all of which looks like so much spaghetti thrown at the wall to see what will stick. Don’t help them.

Hillary’s Revenge: Trump Promised Voters He Would Protect Classified Information

According to NBC news, Jack Smith prosecutor David Harbach, not Jay Bratt, was at the Miami courthouse on Thursday as a grand jury indicted the former President.

That was a surprise to me. While Harbach has post-DOJ ties to Jack Smith from the Hague, at DOJ, he was primarily a corruption prosecutor.

A seasoned trial lawyer, Harbach has tried more than 35 cases to verdict in federal and state courts. He has also conducted some of the nation’s highest profile public corruption trials, including cases against former U.S. Senator John Edwards and former Virginia Governor Robert F. McDonnell.

Harbach was an Assistant U.S. Attorney in the Southern District of New York from 2005 to 2010, and for four years beginning in 2015, Harbach was an Assistant U.S. Attorney in the Eastern District of Virginia. In 2016, he was appointed Managing Assistant U.S. Attorney and Criminal Supervisor of the Richmond Division office, overseeing 21 prosecutors.

From 2014 to 2015, Harbach served on detail as Special Counsel to FBI Director James Comey. Before his work with the FBI, Harbach served as a Trial Attorney in the DOJ Criminal Division’s Public Integrity Section, earning the Deputy Chief title after two years.

By all appearances, Smith had a corruption prosecutor present the Trump indictment to the jury, not DOJ’s head of counterintelligence Jay Bratt.

I didn’t even know Harbach was working this case! I thought he was working the January 6 case. I thought he was working on holding Trump accountable for defrauding a bunch of MAGA supporters, claiming they were paying for election integrity when instead it all went to paying staffers at his post-election office (including Walt Nauta).

Perhaps Bratt flew back to DC after attending the grand jury appearance for Taylor Budowich on Wednesday to deal with Stan Woodward’s accusations of ethical abuse. Perhaps Smith figured that, until that allegation is resolved, someone else should have their name on the official documents.

But Harbach’s apparent role in presenting the indictment is one of the things that made me look at two of my favorite passages differently. There’s this passage, which I call “Hillary’s Revenge.” It collects five of the instances in 2016 where Trump distinguished himself from Hillary Clinton by boasting of his purported concern for classified information.

22. As a candidate for President of the United States, TRUMP made the following public statements, among others, about classified information:

a. On August 18, 2016, TRUMP stated, “In my administration I’m going to enforce all laws concerning the protection of classified information. No one will be above the law.”

b. On September 6, 2016, TRUMP stated, “We also need to fight this battle by collecting intelligence and then protecting, protecting our classified secrets. . . . We can’t have someone in the Oval Office who doesn’t understand the meaning of the word confidential or classified.”

c. On September 7, 2016, TRUMP stated, “[O]ne of the first things we must do is to enforce all classification rules and to enforce all laws relating to the handling of classified information.”

d. On September 19, 2016, TRUMP stated, “We also need the best protection of classified information.”

e. On November 3, 2016, TRUMP stated, “Service members here in North Carolina have risked their lives to acquire classified intelligence to protect our country.”

Andrew Kaczynski put together all the instances of it.

In an Espionage Act indictment, this paragraph serves the function of demonstrating Trump’s awareness of the importance of classified information.

Then there’s this passage, which I call “Brennan’s Revenge.” It’s a statement that Trump issued to justify stripping John Brennan of his security clearance in 2018.

23. As President of the United States, on July 26, 2018, TRUMP issued the following statement about classified information:

As the head of the executive branch and Commander in Chief, I have a unique, Constitutional responsibility to protect the Nation’s classified information, including by controlling access to it. . . . More broadly, the issue of [a former executive branch official’s] security clearance raises larger questions about the practice of former officials maintaining access to our Nation’s most sensitive secrets long after their time in Government has ended. Such access is particularly inappropriate when former officials have transitioned into highly partisan positions and seek to use real or perceived access to sensitive information to validate their political attacks. Any access granted to our Nation’s secrets should be in furtherance of national, not personal, interests.

The circumstances around the statement are fascinating. Trump started publicly considering stripping security clearances after Rand Paul, fresh off a trip as a back channel to Putin, pitched it to Trump with two other unnamed people on July 23. Trump announced it on August 15, but then Brennan threatened to sue as obvious retaliation. The next year, NYT reported that Trump never did file the paperwork to strip the clearance.

Still, at least on first appearances, that background is not why this paragraph is in the indictment. Rather, it shows Trump’s awareness that you can’t take your privileged access to “our Nation’s secrets” with you after you leave.

But, presented by a public integrity prosecutor rather than a counterintelligence one, that last bit may prove to be the most important. Read that way, this paragraph is a declaration by the Commander in Chief that one cannot use classified information in furtherance of personal interests. That kind of declaration by the Commander in Chief has a certain kind of force.

And presented by a public integrity prosecutor rather than a counterintelligence one, the Hillary’s Revenge paragraph reads like someone engaged in fraud, getting elected on a promise he will use the office to protect classified information, only to use it, instead, to steal classified information.

Let me suggest the Mar-a-Lago indictment might actually be a public corruption indictment wrapped up inside an Espionage Act indictment.

To be sure: there’s little discussion in this indictment of why Trump stole these documents. Significantly, what is in there happened as uncharged conduct in Bedminster. There’s the meeting at which Trump used a stolen Iran document to badmouth Mark Milley.

34. Upon greeting the writer, publisher, and his two staff members, TRUMP stated, “Look what I found, this was [the Senior Military Official’s] plan of attack, read it and just show . . . it’s interesting.” Later in the interview, TRUMP engaged in the following exchange:

TRUMP: Well, with [the Senior Military Official]—uh, let me see that, I’ll show you an example. He said that I wanted to attack [Country A]. Isn’t it amazing? I have a big pile of papers, this thing just came up. Look. This was him. They presented me this—this is off the record, but—they presented me this. This was him. This was the Defense Department and him.

WRITER: Wow.

TRUMP: We looked at some. This was him. This wasn’t done by me, this was him. All sorts of stuff—pages long, look.

STAFFER: Mm.

TRUMP: Wait a minute, let’s see here.

STAFFER: [Laughter] Yeah.

TRUMP: I just found, isn’t that amazing? This totally wins my case, you know.

STAFFER: Mm-hm.

TRUMP: Except it is like, highly confidential.

STAFFER: Yeah. [Laughter]

TRUMP: Secret. This is secret information. Look, look at this. You attack, and—

Robert Costa had a really fascinating thread on the background to this, a description of an ongoing obsession with Milley.

This is precisely the kind of conduct of which Trump accused Brennan, the use of secrets he learned while he had access to secrets to suggest (falsely in this case) to have dirt on one of his political adversaries.

Then there’s the instance where Trump showed one of his PAC representatives a classified map and claimed that some ongoing conflict was not going very well, presumably to suggest that Joe Biden wasn’t doing as well as Trump had.

In August or September 2021, when he was no longer president, TRUMP met in his office at The Bedminster Club with a representative of his political action committee (the “PAC Representative”). During the meeting, TRUMP commented that an ongoing military operation in Country B was not going well. TRUMP showed the PAC Representative a classified map of Country B and told the PAC Representative that he should not be showing the map to the PAC Representative and to not get too close. The PAC Representative did not have a security clearance or any need-to-know classified information about the military operation.

Still, all the conduct describing Trump putting classified information to personal use happened in Bedminster, where two sets of classified documents went, never to be seen again.

Indeed, that’s one part of the existing indictment that surprised me: I had expected Smith would charge the document showing that Trump compiled one confidential and one secret document into a larger one including messages from a pollster, a faith leader, and a book author. The FBI found that document in a drawer in Trump’s desk at Mar-a-Lago.

I similarly expected Smith might charge the Presidential schedules that Chamberlain Harris loaded onto her laptop. Again, another instance of documents that were comparatively less sensitive, which Trump put to use for his PAC.

But maybe all this will show up in some other place. After all, one of the last things that Jay Bratt did before indicting was that Budowich interview, in which the head of Trump’s current PAC described the foreknowledge that he and others had early last year that Trump wasn’t turning over all the documents.

I proposed that this indictment might be understood as a public integrity indictment wrapped up inside an Espionage Act indictment.

But I don’t rule out we’ll see an Espionage Act indictment wrapped up inside a public integrity indictment.

Update: Over on Twitter, Yale HillBillionaire JD Vance points out why it is so important for a political candidate to be honest about whether they intend to uphold classification or intend to steal documents in bulk. I’m really grateful that Vance has laid out why Trump engaged in fraud here.

“Ridiculous:” Durham’s Failed Clinton Conspiracy Theory

I put together a very rough list of the interviews that John Durham included in his Report and a table showing the organization of his report.

I’d like to describe what appears to have happened with the investigation. Remember a few things about this list: It won’t include everything. Even just among witnesses who testified at trial, Durham was known to have done initial interviews, then threatened them with prosecution, in an often successful attempt to shade their testimony (see this post for an example). With others, Durham is being affirmatively misleading by stating that people who did appear before the grand jury were unwilling to be interviewed.

This list is just a list of interviews that actually support his narrative.

2019: Manufacturing a new origin story

As noted, most of the junkets that Durham and Barr did in the first year of the investigation don’t appear. The only overseas investigative steps noted in 2019 include the Legal Attaché personnel in London and the two Australian sources, Alexander Downer and Erika Thompson (described as Australian Diplomat-1), behind the original tip on George Papadopoulos. Durham did two separate interviews with the Australians, done on the same day, months before the DOJ IG Report determined the investigation was properly predicated.

Durham relies heavily on Downer, instead of Thompson, and claims to have discovered a conflict in their two accounts.

The Australian account reflects that two meetings of a casual nature took place with Papadopoulos. 215 These meetings were documented by Downer on May 11, 2016 and by Australian Diplomat-I later in the month. 216 Both diplomats advised that prior to the Spring of 2016, Papadopoulos was unknown to them. 217 Notably, the information in Paragraph Five does not include any mention of the hacking ofthe DNC, the Russians being in possession of emails, or the public release of any emails. In addition, when interviewed by the Office, Downer stated that he would have characterized the statements made by Papadopoulos differently than Australian Diplomat-1 did in Paragraph 5. According to Downer, Papadopoulos made no mention of Clinton emails, dirt or any specific approach by the Russian government to the Trump campaign team with an offer or suggestion of providing assistance. Rather, Downer’s recollection was that Papadopoulos simply stated “the Russians have information” and that was all. 218

As recounted to the FBI on August 2, 2016, by Australian Diplomat-1, the substance of Paragraph Five was written in a “purposely vague” way. 219 This was done because Papadopoulos left a number of things unexplained and “did not say he had direct contact with the Russians.” 220 The impression Papadopoulos made on the Australian diplomats was wide ranging. On the one hand, he “had an inflated sense of self,” was “insecure,” and was “trying to impress.” 221 On the other hand, he was “a nice guy,” was “not negative,” and “did not name drop.” 222

Downer noted that he

was impressed Papadopoulos acknowledged his lack of expertise and felt the response was uncommon for someone of Papadopoulos’ age, political experience and for someone thrust into the spotlight overnight. Many people in a similar position would represent themselves differently and [Downer] would have sniffed them out. If [Downer] believed Papadopoulos was a fraud [he] would not have recorded and reported on the meeting [he] had with Papadopoulos. 223

Downer also said that he “did not get the sense Papadopoulos was the middle-man to coordinate with the Russians.” 224 The Australian diplomats would later inform the FBI, and subsequently the Office, that the impetus for passing the Paragraph Five information in late-July was the public release by WikiLeaks ( on July 22, 2016) of email communications that had been hacked from the DNC servers. 225

215 We note there is an inconsistency in the statements given by Australian Diplomat-1 and former-High Commissioner Downer to the Crossfire Hurricane interviewers in August 2016 and what they told the Office when interviewed in October 2019. Australian Diplomat-1 and Downer were interviewed together in August 2016, and, according to the FD-302 prepared afterward by Supervisory Special Agent- 1, Papadopoulos made the statements about the Russians during the May 6, 2016 introductory meeting when he met only with Australian Diplomat-1. When the two diplomats were interviewed separately by the Office in October 2019, investigators were advised that Papadopoulos made the statements in front of both Australian Diplomat-1 and Downer during the second meeting on May 10, 2016.

216 The meetings with Papadopoulos took place on May 6 and 10, 2016. Australia 302 at 1- 2. The Australian diplomats documented the meetings in two cables dated May 11 and May 16, 2016; OSC Report of Interview ofAlexander Downer on Oct. 9, 2019 at 2; OSC Report of Interview ofAustralian Diplomat-1 on Oct. 9, 2019 at 3.

217 OSC Report of Interview of Alexander Downer on Oct. 09, 2019 at 1; OSC Report of Interview of Australian Diplomat-I on Oct. 09, 2019 at 1-2.

218 OSC Report of Interview of Alexander Downer on Oct. 09, 2019 at 2 (and related field notes); Downer also is reported to have stated in an interview that in talking with Papadopoulos there was “no suggestion that there was collusion between Donald Trump or Donald Trump’s campaign and the Russians.” Brooke Singman, Diplomat Who Helped Launch Russia Probe Speaks Out, Defends Role, Fox News (May 10, 2019), https://www.foxnews.com/politics/forrner-ausralian-diplomat-alexander-downer-defendswork-pushes-back-on-claim-he-tried-to-trap-papadopoulos. 219 Australia 302 at 2.

There’s no conflict.

Papadopoulos appears to have told the story about advance notice of Russia’s help to Thompson twice, once on May 6 and again, with Downer present, on May 10. She explains that not everything Papadopoulos said made it into her report. It’s likely Papadopoulos said more at the first meeting (I believe the record reflects that he drank more at the first meeting).

But by relying on Downer instead of Thompson, Durham claims that there was less to the tip than Thompson appears to have taken from it.

Having manufactured an alternate story about the initial predication, it’s no wonder Durham pushed Michael Horowitz not to say the investigation was fully predicated.

Durham also appears to have investigated why it took so long for the Steele reports to make their way from New York to DC. This is a fairly remarkable and sustained part of his report, because Durham is basically complaining that the pee tape report wasn’t immediately taken seriously.

Finally, from the very first year, Durham started doing investigations into the treatment of the Clinton Foundation investigation. As I have noted, his report leaves out really important details of that investigation: that agents who exhibited every bit as much bias as Durham finds in Peter Strzok, Lisa Page, or Kevin Clinesmith were running a key informant on the investigation, something no one has alleged happened with investigations into Trump’s associates.

That silence is all the more important given how Durham compares the predication of the Crossfire Hurricane investigation with that of Clinton Foundation, which relied in significant part on the Steve Bannon-linked Clinton Cash book which was every bit as shoddy as the Christopher Steele dossier, with a much more aggressive bias.

Once again, the investigative actions taken by FBI Headquarters in the Foundation matters contrast with those taken in Crossfire Hurricane. As an initial matter, the NYFO and WFO investigations appear to have been opened as preliminary investigations due to the political sensitivity and their reliance on unvetted hearsay information (the Clinton Cash book) and CHS reporting. 388 By contrast, the Crossfire Hurricane investigation was immediately opened as a full investigation despite the fact that it was similarly predicated on unvetted hearsay information. Furthermore, while the Department appears to have had legitimate concerns about the Foundation investigation occurring so close to a presidential election, it does not appear that similar concerns were expressed by the Department or FBI regarding the Crossfire Hurricane investigation. Indeed, in short order after opening the Crossfire Hurricane file and its four subfiles, the FBI was having one of its long-time CHSs meet not with just one Trump campaign associate, but meet and record conversations with three such insiders. And a little more than a month after opening the Crossfire Hurricane file on Page, a “senior U.S. law enforcement official” was publicly reported as confirming for Michael Isikoff and Yahoo! News that the FBI had Page on its radar screen. 389

Durham says two Australians who had no stake in the election (and who likely didn’t want to create a row with a major political candidate) have the same credibility as a long term political hoaxster paid by Trump’s ultimate campaign manager.

And in making this comparison, Durham doesn’t consider the urgency of the ongoing Russian attack on democracy (something that he generally ignores throughout the report). The underlying crime behind the Papadopoulos tip was potential (and real, in the case of both Paul Manafort and Roger Stone) ongoing involvement in Russia’s efforts to interfere in the election.

2020: Laying the ground work for the Clinton conspiracy

Early in 2020, Barr made Durham a Special Counsel, giving him authority to use a grand jury.

The very next day, he met with Jim Baker.

In cross-examination at the Sussmann trial, Baker lawyer Sean Berkowitz situated this meeting and another, in June 2020, when Baker’s story about the Sussmann meeting was still radically different than the one he told at trial, in terms of a leak investigation into Baker that had just closed. Baker had recently been criminally investigated by Durham, he knew that Durham would come after him again on the Russian investigation, and that February 2020 meeting was the first after the close of the leak investigation.

Q. So you know what it’s like to be under criminal investigation. Right?

A. Yes.

Q. You know what it’s like to be under criminal investigation by this man?

A. Yes.

Q. That’s Mr. Durham?

A. Yes.

Q. In fact, sir, in March of 2017 Mr. Durham was appointed by the Department of Justice to conduct a criminal investigation of the unauthorized disclosure of classified information to a reporter. Correct?

A. I don’t remember exactly when he was appointed, but that’s roughly correct based on my recollection of the timeframe.

Q. And you were a subject of that investigation?

A. I was never told that I was a subject.

Q. Is it fair to say that your lawyer refused to let you answer questions before Congress because you were under investigation?

A. He did object to certain questions — certain questions — because I was under investigation. That’s correct.

Q. Under criminal investigation. Right?

A. It was a criminal investigation was my understanding, yes.

Q. And you refused to answer those questions on the gounds that it might incriminate you?

A. I refused to answer those questions on advice of counsel, and it was a voluntary interview so I could refuse to answer any questions that I didn’t want to answer.

Q. And the investigation took place between 2017 and 2018. correct:

A. Say that again.

Q. The investigation took place between 2017 and 2019. correct?

A. I think it was not closed until 2020 by the Department.

[snip]

Q. And you, sir, were aware that Mr. Baker was — I mean, Mr. Durham was reappointed as special counsel, correct, in or around 2019?

A. For this matter?

Q. Yes.

A. Yes.

Q. And when that happened, you were concerned, were you not?

A. Concerned about what?

Q. That Mr. Durham might come and investigate you more?

A. I wasn’t concerned about it. I expected it.

[snip]

Q. It’s the first time you saw him after you were the subject of the criminal investigation by him?

A. Again, I was never told that I was a subject.

Q. Was that the first time?

A. Yeah, I think that was the first time.

In June 2020, Baker’s story started to evolve until ultimately, he testified, claiming 100% certainty about a story that had changed at least four times, to precisely the story Durham would want him to.

Most of the early 2020 interviews relied on by Durham in his report pertain to two topics: His reinvestigation of how the Clinton Foundation investigation proceeded, and his pursuit of a claim that Hillary framed Donald Trump (marked as “Russian intelligence” in the timeline).

Starting in June 2020, Durham appears to have started focusing on Igor Danchenko, burning him as a source, reviewing the long-dormant counterintelligence investigation into him, and focusing the same kind of pressure on Danchenko handler Kevin Helson (whom Durham seems to have referred for further investigation, on a date he doesn’t provide, for his handling of Danchenko). In July 2020, Barr provided Lindsey Graham the interview transcripts for Danchenko, which would lead to (or provide the excuse for) Danchenko’s exposure. In September 2020, the Senate Judiciary Committee would stage a FISA hearing to expose Danchenko’s past counterintelligence investigation.

None of these were effective investigative steps. Most witnesses didn’t testify at trial, and the one who did — Helson — was a devastating witness against Durham’s case (which may be why he was referred for further investigation). Those investigative steps did make Danchenko far more insecure, both legally and financially.

On September 29, John Ratcliffe would also share the report and, a week later, the underlying intelligence, around which Durham would build his Clinton conspiracy theory: A Russian intelligence Report that Hillary’s complaints about Trump’s pro-Russian bias stemmed from an attempt to cover up her email scandal and not from real concern about Russia or frustration with being victimized by a nation-state hack during an election.

On October 19, after Nora Dannehy disrupted Durham’s plan to release an initial report before the election, Barr made him Special Counsel so he could stick around for two more years to try to build the case he hadn’t done by 2020.

One of the most telling things about Durham’s actions in 2020 is that he didn’t do any of the ground work he needed to do to investigate the accusations he would make in late 2021. His primary work on the Alfa Bank case was making Danchenko far, far more vulnerable. He records virtually no obvious investigative work on the Alfa Bank allegations in 2020. He did little work on the dossier allegations. Some key investigative steps — getting a technical review of the Alfa Bank allegation and trying to secure Sergei Millian’s make-or-break testimony — waited until 2022, well after he had actually indicted these cases.

2021: Preparing actual indictments to hang failed conspiracy theories on

And it’s not just those two indictments Durham neglected in 2020. Here’s something Carter Page should think seriously about: John Durham did not do the investigation into the problems with his FISA application until the statutes of limitation started to expire in 2021. Given that investigative history, it’s fairly clear that Durham was never going to charge FBI agents in conjunction with those applications. Never. He had other priorities.

Instead, in 2021, he started making belated attempts to substantiate his Clinton conspiracy, with interviews to set up Charles Dolan as a witness.

Durham did no apparent interviews into Sergei Millian in 2021.

He did begin the effort — one paralleled and assisted by Alfa Bank lawsuit against the researchers in question, which to a DC judge seemed,”almost like they were written by the same people in some way,” — to spin the research into DNS anomalies into a deliberate plan by Hillary’s team.

In Durham’s investigations, however, there were obvious basic investigative failures. Durham didn’t interview people from Cendyn and Listrak until after the Sussmann indictment (and in the latter case, it’s not clear whether Durham spoke to anyone authoritative or even got the name of all the people interviewed).

I’ve already laid out how Durham didn’t even ask Michael Horowitz for relevant evidence until after the indictment. It was several months later before he asked Jim Baker to check his iCloud for the exculpatory communications that Sussmann correctly predicted would be there.

Durham didn’t interview Sergei Millian — and even then, he only did so remotely, with no agreement he would testify at trial — until February 2022, three months after indicting Danchenko.

These indictments — both of which could only have worked if charged as conspiracy indictments for which Durham had no evidence — were always bound to fail. They were bound to fail because they weren’t the result of an investigation, the logical progression from a clear crime committed. They were instead legal clothes hangers on which he could try to hang a conspiracy theory. They might have worked if Sussmann or Rodney Joffe or Danchenko had caved to the economic and legal pressure Durham was applying (as he did with Danchenko, Durham also got Joffe discontinued as an FBI source, but that had no financial repercussions for Joffe). But the charges were so flimsy Sussmann and Danchenko mounted a fairly clearcut defense.

Late 2021 to 2022: Chasing Clinton conspiracies

There’s a detail, though, that is all the more revealing given Durham’s failure to conduct an adequate investigation into these charges before indicting. As I noted last year, even after Sussmann was indicted, Durham refused the former Clinton lawyer’s demand for a list of the people on the Clinton campaign with whom he had coordinated his Alfa Bank efforts. It wasn’t until months later that it became clear — as Sussmann laid out in a filing — that Durham hadn’t even interviewed any of the people Sussmann purportedly coordinated with until after the indictment.

[T]he Special Counsel has alleged that Mr. Sussmann met with the FBI on behalf of the Clinton Campaign, but it was not until November 2021—two months after Mr. Sussmann was indicted—that the Special Counsel bothered to interview any individual who worked full-time for that Campaign to determine if that allegation was true.

Here’s what those interviews look like, as laid out in the Durham Report:

11/10/21: Jennifer Palmieri

11/12/21: Jake Sullivan

1/19/22: John Podesta (Russian Intelligence)

5/11/22: Hillary Clinton (Russian Intelligence)

Those questions weren’t focused on Sussmann, though. They were focused on Durham’s Clinton conspiracy, the claim that she had made a plan to frame Donald Trump.

During an interview of former Secretary Clinton, the Office asked if she had reviewed the information declassified by DNI Ratcliffe regarding her alleged plan to stir up a scandal between Trump and the Russians. 44 ° Clinton stated it was “really sad,” but “I get it, you have to go down every rabbit hole.” She said that it “looked like Russian disinformation to me; they’re very good at it, you know.” Clinton advised that she had a lot of plans to win the campaign, and anything that came into the public domain was available to her.

In addition, the Office interviewed several other former members of the Clinton campaign using declassified materials441 regarding the purported “plan” approved by Clinton.

The campaign Chairperson, John Podesta, stated that he had not seen the declassified material before, characterized the information as “ridiculous,” and denied that the campaign was involved in any such “plan.”442 Jake Sullivan, the campaign Senior Policy Advisor, stated that he had not seen the intelligence reporting before and had no reaction to it other than to say, “that’s ridiculous.”443 Although the campaign was broadly focused on Trump and Russia, Sullivan could not recall anyone articulating a strategy or “plan” to distract negative attention away from Clinton by tying Trump to Russia, but could not conclusively rule out the possibility. 444 The campaign Communications Director, Jennifer Palmieri, who was shown the Referral Memo, 445 stated that she had never seen the memorandum before, found its contents to be “ridiculous,” and could not recall anything “like this” related to the campaign. 446 She stated that Podesta, Mook, Sullivan and herself were aware of a project involving ties between Trump and Russia being conducted by Perkins Coie, the campaign law firm, but she did not think Clinton was aware of it, nor did she receive any direction or instruction from Clinton about the project.447

Another foreign policy advisor (“Foreign Policy Advisor-2”) confirmed that the campaign was focused on Trump and Russia, but that focus was due to national security concerns and not designed to distract the public from Clinton’s server issue. 448

Every single one of them called Durham’s conspiracy theories “ridiculous.”

For good reason. As I’ve laid out, the timeline Durham obscures, in which Trump’s rat-fucker had contact with Russia weeks before Hillary purportedly ginned up this plan, disproves the conspiracy theory.

Which explains something about the Sussmann trial — led by Andrew DeFilippis, the same AUSA who had willingly attempted to trump up a crime against John Kerry. Over and over, Durham’s prosecutors willfully ignored Judge Christopher Cooper’s orders, thereby introducing evidence with no evidentiary basis. They did so most blatantly when, minutes after Cooper ordered DeFilippis not to read from a paragraph of a Hillary Tweet calling on FBI to investigate the Alfa Bank allegations, he did so anyway, predictably leading the same outlets that wrote supine reviews of the Durham report to focus exclusively on something not before the jury.

After Judge Cooper said he would reserve his decision, Berkowitz noted that in fact, DeFilippis planned to use the tweet to claim the campaign wanted to go to the FBI when the testimony at trial (from both Elias and Mook) would establish that going to the FBI conflicted with the campaign’s goals.

[T]hey are offering the tweet for the truth of the matter, that that’s what the campaign desired and wanted and that it was a accumulation of the efforts.

Number one, it’s not the truth; and in fact, it’s the opposite of the truth. We expect there to be testimony from the campaign that, while they were interested in an article on this coming out, going to the FBI is something that was inconsistent with what they would have wanted before there was any press. And in fact, going to the FBI killed the press story, which was inconsistent with what the campaign would have wanted.

And so we think that a tweet in October after there’s an article about it is being offered to prove something inconsistent with what actually happened.

Then, after both Elias and Mook had testified that they had not sanctioned Sussmann going to the FBI, DeFilippis renewed his assault on Cooper’s initial exclusion, asking to introduce it through Mook’s knowledge that the campaign had tried to capitalize on the Foer story.

Having ruled in the past that the tweet was cumulative and highly prejudicial, Cooper nevertheless permitted DeFilippis to introduce the tweet if he could establish that Mook knew that the campaign tried to capitalize on the Foer story.

But Cooper set two rules: The government could not read from the tweet and could not introduce the part of the tweet that referenced the FBI investigation. (I explained what DeFilippis did at more length in this post.)

THE COURT: All right. Mr. DeFilippis, if you can lay a foundation that he had knowledge that a story had come out and that the campaign decided to issue the release in response to the story, I’ll let you admit the Tweet. However, the last paragraph, I agree with the defense, is substantially more prejudicial than it is probative because he has testified that had neither — he nor anyone at the campaign knew that Mr. Sussmann went to the FBI, no one authorized him to go to the FBI, and there’s been no other evidence admitted in the case that would suggest that that took place. And so this last paragraph, I think, would unfairly suggest to the jury, without any evidentiary foundation, that that was the case. All right?

MR. DeFILIPPIS: Your Honor, just two brief questions on that.

THE COURT: Okay.

MR. DeFILIPPIS: Can we — so can we use — depending on what he says about whether he was aware of the Tweet or the public statement, may we use it to refresh him?

THE COURT: Sure. Sure.

MR. DeFILIPPIS: Okay. And then, as to the last paragraph, could it be used for impeachment or refreshing purposes as well in terms of any dealings with the FBI?

THE COURT: You can use anything to refresh.

MR. DeFILIPPIS: Okay.

THE COURT: But we’re not going to publish it to the jury. We’re not going to read from it. And let’s see what he says. [my emphasis]

Having just been told not to read the tweet, especially not the part about the FBI investigation, DeFilippis proceeded to have Mook do just that.

The exhibit of the tweet that got  to the jury had that paragraph redacted and that part of the transcript was also redacted. But, predictably, the press focused on little but the tweet, including the part that Cooper had explicitly forbidden from coming into evidence.

In his report, Durham obscures the timeline of all this to falsely suggest that Hillary endorsed going to the FBI in September, before Sussmann met with the FBI, and not days before the election, when Franklin Foer reported the story.

On October 31, 2016 – about one week before the election – multiple media outlets reported that the FBI had received and was investigating the allegations concerning a purported secret channel between the Trump Organization and Alfa Bank. For example, Slate published an article that discussed at length the allegations that Sussmann provided to the FBI. 1530

Also on that day, the New York Times published an article titled Investigating Donald Trump, F.B.f Sees No Clear Link to Russia. 1531 The article discussed information in the possession of the FBI about ··what cyber experts said appeared to be a mysterious computer back channel between the Trump Organization and the Alfa Bank.” 1532 The article further reported that the FBI had “spent weeks examining computer data showing an odd stream of activity to a Trump Organization server,” and that the newspaper had been provided computer logs that evidenced this activity. The article also noted that at the time of the article, the FBI had not found “any conclusive or direct link” between Trump and the Russian government and that “Hillary Clinton’s supporters … pushed for these investigations.” 1533

As noted above, in the months prior to the publication of these articles, Sussmann had communicated with the media and provided them with the Alfa Bank data and allegations. 1534 Sussmann also kept Elias apprised of his efforts. 1535 Elias, in tum, communicated with the Clinton campaign’s leadership about potential media coverage of these issues. 1536

In addition, on September 15, 2016, Elias provided an update to the Clinton campaign regarding the Alfa Bank allegations and the not-yet-published New York Times article, sending an email to Jake Sullivan (HFA 154 ° Chief Policy Advisor), Robby Mook (HF A Campaign Manager), John Podesta (HF A Campaign Chairman), and Jennifer Palmieri (HFA Head of Communications), which he billed to the Clinton campaign as “email correspondence with J. Sullivan, R. Mook, J. Podesta, J. Palmieri re: Alfa Bank Article.” 1541

On the same day that these articles were published, the Clinton campaign posted a tweet through Hillary Clinton’s Twitter account which stated: “Computer scientists have apparently uncovered a covert server linking the Trump Organization to a Russian-based bank.” 1542 The tweet included a statement from Clinton campaign advisor Jake Sullivan which made reference to the media coverage article and stated, in relevant part, that the allegations in the article “could be the most direct link yet between Donald Trump and Moscow[,] that “[t]his secret hotline may be the key to unlocking the mystery ofTrump’s ties to Russia[,]” and that”[w ]e can only assume that federal authorities will now explore this direct connection between Trump and Russia as part oftheir existing probe into Russia’s meddling in our elections.”

In context, Durham falsely leaves the impression that Hillary supported going to the FBI in advance, even though both Robby Mook and Marc Elias testified that the last thing Hillary wanted to do was let the FBI get more involved in her campaign. In context, Durham falsely leaves the impression that Sussmann had sustained contacts with the NYT starting in September and never stopping, when the evidence he cites pertains exclusively to early September communications, after which Sussmann worked with the FBI to kill the story.

In a follow-up post, I will lay out just how grotesque Durham’s conspiracy theory is — the digital equivalent of slut-shaming a rape victim.

But for now, consider the abundant evidence that Durham didn’t investigate the charges he ultimately charged. He was far too busy, instead, pursuing this Clinton conspiracy theory he started chasing at least as early as February 2020.

Update: Added table showing the organization of Durham’s Report.


Dates

5/13/19: Preliminary review 

5/28/19: UK Legat-1

6/4/19: UK ALAT-1

6/17/19: SSA-1 (Steele Reports, Papadopoulos)

6/17/19: CIA Employee-1 (Page FISA)

6/18/19: SSA-1 (bias)

6/19/19: Case Agent-1 (defensive briefing, Steele Reports, Papadopoulos)

7/2/19: Handling Agent-1 (Page FISA)

7/2/19: NYFO ASAC-1 (Page FISA)

7/3/19: Michael Harpster (Steele Reports)

8/1/19: Mike Rogers

8/6/19: NYFO ADC-1

8/12/19: Randall Coleman (Clinton Foundation, Steele Reports)

8/12/19: Diego Rodriquez (Clinton Foundation)

8/14/19: HQ Analyst-3 

9/16/19: Cyber Agent-2 (Alfa)

10/17/19: SSA-2 (Clinesmith, Papadopoulos)

8/21/19: Case Agent-1

8/29/19: OGC Unit Chief-1 (bias, Australia referral, Page FISA)

9/5/19: NYFO Case Agent-1 (Page FISA)

10/9/19: Erika Thompson; Alexander Downer

12/9/19: DOJ IG Report

12/10/19: HQ Analyst-3 

1/6/20: David Johnson (Steele Reports)

1/15/20: NYFO Case Agent-1 (Clinton Foundation)

1/16/20: Diego Rodriquez (Clinton Foundation)

1/28/20: HQ Unit Chief-3 (Clinton Foundation)

2/6/20: Special Attorney to Attorney General (may reflect grand jury)

2/7/20: Jim Baker (defensive briefing)

2/13/20: Cyber Agent-3 (Alfa)

2/19/20: HQ Analyst-3 (Page FISA)

2/25/20: HQ Analyst-2 (Russian Intelligence, Clinesmith)

2/28/20: Jonathan Moffa (Russian Intelligence)

3/18/20: Paul Abbate (Clinton Foundation)

4/14/20: Field Office-1 Handling Agent-3 

4/23/20 Field Office-1 Handling Agent (Clinton Foundation)

4/23/20: Michael Harpster (Steele Reports)

5/1/20: Mueller SSA-1

5/5/20 Field Office-1 Handling Agent (Clinton Foundation)

5/6/20: Steele Reports

5/28/20: HQ SSA-4 (Clinton Foundation)

6/11/20: Jim Baker (Russian Intelligence)

6/18/20: Jim Baker (Russian Intelligence)

6/25/20: SA-2 (Steele Reports)

6/29/20: Michael Steinbach (initial EC)

6/30/20: Referral regarding existing counterintelligence investigation

7/1/20: OI Attorney (Page FISA)

7/8/20: Ray Hülser (Clinton Foundation)

7/14/20: Kevin Helson (Page FISA)

7/22/20: SSA-1 (Russian intelligence, Steele Report) 

7/23/20: OGC Unit Chief-1 (Page FISA)

7/28/20: Baltimore Special Agent-2 (Danchenko)

8/13/20: Baltimore Case Agent-1 (Danchenko)

8/13/20: CIA Employee-2 (Alfa)

8/19/20: IC Officer #6 (Russian Intelligence)

8/20/20: WFO Clinton Foundation Case Agent-1 

8/21/20: John Brennan (Russian Intelligence)

9/9/20: Acting OGC Section Chief-1 (Clinton Foundation)

9/10/20: Field Office-1 SAC

9/22/20: Field Office-1 Handling Agent-3

9/29/20: Patrick Fallon (Clinton Foundation)

9/29/20: John Ratcliffe shares Russian Intelligence with Lindsey Graham

10/19/20: Special Counsel appointment

10/27/20: OI Unit Chief-1 (Page FISA)

11/24/20: Kevin Helson (Danchenko)

12/8/20: HQ Supervisory Analyst-1 (Danchenko)

12/15/20: HQ SSA-3 (Alfa)

12/18/20: Baltimore Special Agent-1 (Danchenko)

12/21/20: Designation to use classified information

12/23/20: IC Officer#12 (Russian Intelligence)

12/20: Referral regarding accuracy of info in non-Page FISA (possibly Millian?)

2/2/21: Tech Company-1 Employee 1 (Alfa)

2/11/21: DARPA Program Manager-1 (Alfa)

2/25/21: Tech Company-1 Employee 1 (Alfa)

3/3/21: SSA-1 signed statement on Steele Reports

3/18/21: SSA-3 (Page FISA)

3/21/21: SA-1 (Page FISA)

4/8/21: Field Office-1 SSA-1

4/13/21: US Person-1 (Dolan Associate) (Danchenko)

4/14/21: Research Exec-1 (Alfa)

4/22/21: HQ Unit Chief-2

5/5/21: SSA-2  (bias, Page FISA, Danchenko, Clinesmith, Papadopoulos)

5/5/21: Field Office-1 Handling Agent-2 (second CI investigation)

6/21/21: David Archey (Defensive briefings)

6/29/21: CIA Employee-3 (Alfa)

6/30/21: OGC Attorney-1 (Page FISA)

6/30/21: Danchenko Employer-1 Exec-1 

7/7/21: Field Office-1 ASAC-1

7/9/21: Jennifer Boone

7/9/21: Tech Company-1 Employee 1 (Alfa)

7/21/21: Foreign Policy Advisor-1 (Russian Intelligence)

7/21/21: SSA-1 (Page FISA)

7/22/21: University-1 Researcher-1 (Alfa)

7/26/21: Brian Auten (bias, Russian Intelligence, Steele Reports)

7/27/21: Kevin Helson (Danchenko)

8/21: University-1 Researcher-2 (Alfa) [appears to be one 302 on more than one conversation]

8/9/21: NJ-Based Company Exec (Danchenko)

8/10/21: University-1 Researcher-3

8/11/21: Handling Agent-1 (Page FISA)

8/16/21: Mueller Analyst-1 (Danchenko)

8/12/21: Tech Company-3 Exec-1 (Alfa)

8/31/21: Charles Dolan (Danchenko)

8/31/21: Mueller SSA-1 (Danchenko)

9/7/21: Charles Dolan (Danchenko)

9/16/21: Michael Sussmann indictment

9/17/21: Brookings Fellow-1 (Danchenko)

10/21/21: UCE-1 (Papadopoulos)

10/27/21: Listrak Employee-1 and personnel (Alfa)

10/29/21: Mueller Analyst-1 (Danchenko)

11/1/21: Charles Dolan (Danchenko)

11/3/21: Danchenko indictment

11/17/21: Cendyn CEO and CTO (Alfa)

11/9/21: Jonathan Winer (Steele Reports)

11/10/21: Jennifer Palmieri

11/12/21: Jake Sullivan

11/16/21: Brookings Fellow-2 (Danchenko)

11/17/21: Cendyn CEO and CTO (Alfa)

12/2/21: HQ Analyst-3 (Steele)

11/20/21: Victoria Nuland

11/30/21: Victoria Nuland (Steele Reports)

12/13/21: James Clapper

1/19/22: John Podesta (Russian Intelligence, Alfa)

2/2/22: David Cohen

2/5/22: Sergei Millian (Danchenko)

3/1/22: Handling Agent-1 (Page FISA)

3/28/22: Foreign Policy Advisor-2

5/11/22: Hillary Clinton (Russian Intelligence)

6/22/22: SSA-1 (Russian Intelligence)

8/9/22: Ritz GM (Danchenko)

12/14/22: Referral to DOD IG on DARPA

All Republican Gang of Eight Members Condone Large-Scale Theft of Classified Information, Press Yawns

The Ranking Member of the Senate Intelligence Committee went on a four tweet rant yesterday, complaining that the FBI is conducting an investigation into the suspected large-scale theft of highly-classified materials.

The House Minority Leader used the instance of a lawfully executed warrant in support of a national security investigation to call for an investigation not into the man suspected of stealing code word documents, but instead, of Attorney General Merrick Garland for authorizing this investigation into a classified breach.

The Ranking Member of the House Intelligence Committee, Mike Turner, more appropriately asked for a briefing, but even after admitting he hadn’t had one yet and claiming (dubiously) that he didn’t know of the suspected massive theft of highly classified information, scoffed at the seriousness that such a large-scale compromise of classified information might cause.

Mitch McConnell weighed in, belatedly, to demand transparency about an investigation into stolen secrets.

The country deserves a thorough and immediate explanation of what led to the events of Monday. Attorney General Garland and the Department of Justice should already have provided answers to the American people and must do so immediately

These men are all entrusted with the protection of Americans intelligence secrets. But when faced with a choice of putting party or America’s security first, they immediately rushed to protect their party, even while admitting they don’t know the facts of the underlying investigation.

And in spite of the fact that these men have all engaged in minimizing the large-scale compromise of classified information with their rants, virtually every press outlet has reported their comments as more horse race journalism, one side against the other, as if top Republicans attacking the FBI for trying to protect classified secrets is not itself newsworthy.

The lazy-ass press couldn’t even be bothered to show how all these men, especially Marco Rubio, made wildly inconsistent statements when Jim Comey or Hillary Clinton were suspected of mishandling far less sensitive intelligence. Nor did the press bother asking these men about the destruction of DHS (including Secret Service) and DOD records that Congress itself had already asked for before magnifying their comments.

They just let these men turn this into a partisan fight rather than a serious legal investigation, all for free!

Update, 8/10PM: Included Mitch McConnell’s statement.

Hillary’s Candidate Briefing Was More Contentious than Mike Flynn’s

The DOJ IG Report on Carter Page revealed that FBI Agent Joe Pientka was selected as the FBI counterintelligence briefer for both Presidential candidates in 2016 in part to give him familiarity with Mike Flynn, shortly after the former DIA head became one subject in the UNSUB investigation into how the Trump campaign got advance notice of the Russian election operation.

The FBI selected SSA 1, the supervisor for the Crossfire Hurricane investigation, to provide the FBI security briefings for Trump and Clinton. 478 SSA 1 told us that one of the reasons for his selection was that ODNI had informed the FBI that one of the two Trump campaign advisors attending the August 17 briefing would be Flynn. He further stated that the briefing provided him “the opportunity to gain assessment and possibly have some level of familiarity with [Flynn]. So, should we get to the point where we need to do a subject interview … I would have that to fall back on.”

Since then, Republicans have never stopped wailing about how badly Flynn was treated in this briefing — never mentioning that Flynn was secretly working for Turkey when he sat in on this briefing, meaning FBI should have scrutinized him more closely than they did.

The CIA just released the latest chapter of its running history of Presidential briefing, the one covering Trump. (h/t Micah Zenko)

It provides accounts of the candidate briefings given to both Trump and Hillary. Its account of the first Trump one makes no specific mention of Pientka’s investigative role. Nor does it mention that at the time Flynn was asking “tactical” questions about the Middle East, he was on Turkey’s payroll.

Trump was accompanied by two advisors, New Jersey Governor Chris Christie and Lt. Gen. (ret.) Michael Flynn. The briefing team, led by Gistaro, included six of the substantive experts and a colleague from the ODNI Transition Team who was available to record and take follow-up action related to any questions that might arise and not be answered on the spot.

Gistaro led off with a substantive overview of the highest priority issues the IC was following, then turned to his colleagues to elaborate on developments in their areas of specialization. They briefed on terrorism, cyber security, counterterrorism, ISIS, the civil war in Syria, the security situation in Iraq, and the Iranian nuclear program. Gistaro recalled that he was careful to watch the clock and intervene as necessary so that the briefers each had an opportunity to say their piece but did not run over their allotted time. Nevertheless, the briefing went on for two and a half hours, longer than scheduled, and even then could not cover all the planned subjects. It was agreed that a second session was necessary.

In this first session, Trump was primarily a listener. He did ask some “big picture” questions, reflecting the fact that the material was new to him. Because several of the issues related to matters Flynn had dealt with in the military, he was the most active questioner. In Gistaro’s words, “He was on his home turf.” Most of Flynn’s questions were on the Middle East and were quite tactical. However, a few of his questions, especially on Iran, raised policy issues and had to be turned aside for referral, if he wished, to the national security advisor. Trump’s verdict on the session was a “thumbs-up” to IC officers as he departed. Christie later described the briefing as outstanding.

Here’s the FBI summary of that briefing, which focused primarily on questions about Russia, not Turkey, which might have been really useful once FBI discovered that Flynn was secretly on their payroll.

The history separates its account of the second briefing from claims Trump made about the briefing days later in a town hall by several pages.

Trump received a second preelection briefing roughly two weeks later, on 2 September, also at the FBI office in Manhattan. Again, Trump was accompanied by Christie and Flynn. This one-and-a-half-hour briefing rounded out the agreed list of topics, focusing on cyber security, Russia, China, and North Korea. On this occasion, Trump had numerous questions, some of which raised policy issues. Most, however, reflected his interest in financial and trade matters and in press reports about Russia’s reported interference in the US election campaign.

At the briefing of 2 September, Trump told the briefers that he valued the first session in August and their expertise. They were surprised when he assured them that “the nasty things he was saying” publicly about the Intelligence Community “don’t apply to you.” Afterward, Flynn complimented the briefers in remarks to the press.

[snip]

[O]fficials were anxious to see what issues related to intelligence would arise during the debates in 2016, including whether the candidates would make direct or indirect reference to information they had received in their preelection briefings. This anxiousness was reinforced before the formal candidate debates during a quasi debate on 7 September, when Trump and Clinton were questioned, separately, by NBC newsman Matt Lauer. On this occasion, Trump made reference to intelligence briefers’ “body language” in suggesting that they were “not happy” with policies of the Obama administration. These comments caused outrage in the following days among news commentators and former intelligence officers and prompted reporters to dig for information about what had transpired during Trump’s briefings.

Thus, unlike with some other instances, this account doesn’t make clear whether Trump was lying outright about his public comment. Notably, too, this account makes no mention of Flynn’s own role in lying about the briefing, which seems remarkable given the comment about his compliment to the briefers.

Given how the history soft-pedals these issues, it makes the description of the single Hillary briefing all the more jarring.

Clinton, although feeling under the weather and unavoidably delayed 20 minutes, joined the briefers in a small secure room (SCIF, in intelligence argot) at the FBI field office in White Plains, New York, on 27 August. Given all that Clinton was going through related to her handling of personal emails during the campaign, Gistaro regretted that the first question the security officer asked Clinton as she approached the room was whether she had any cell phones with her. The Secretary very professionally assured the questioner that she had left her cell phones at home

Hillary, of course, had been cleared of misconduct before that August 27 briefing, and was well-versed in the use of SCIFs. Yet she was treated by the security officer as a suspect.

Whereas Mike Flynn, who was quite literally working for a frenemy government during both of these classified briefings, and under investigation for suspect ties to Russia, was nevertheless freely served up answers to all the tactical questions he posed.

The Frothy Right Embraces CIA’s Unmasking the Identities of Political Candidates

I was going to wait to address the frothy right’s latest attempt to gaslight an election year scandal by recycling Russian intelligence — which might well be disinformation — in an attempt to suggest that Hillary Clinton, in all-powerful fashion, managed to drum up not just the entire Russian investigation into Donald Trump, but also went back in time and planted the evidence dating back months and years that substantiated investigative concerns.

But there’s something so fundamentally stupid about this latest effort I can’t wait to lay out the other reasons this report is actually more damning for Republicans.

At issue is a report from John Ratcliffe, sent on September 29, 2020, explaining that,

In late July 2016, U.S. intelligence agencies obtained insight into Russian intelligence analysis alleging that U.S. Presidential candidate Hillary Clinton had approved a campaign plan to stir up a scandal against U.S. Presidential candidate Donald Trump by tying him to Putin and the Russians’ hacking of the Democratic National Committee. The IC does not know the accuracy of this allegation or the extent to which the Russian intelligence analysis may reflect exaggeration or fabrication.

The following week, presumably in an attempt to dredge up some kind of attack out of an absurd attack, Ratcliffe released the underlying reports that, he claimed in his original report, show the following:

According to his handwritten notes, former Central Intelligence Agency Director Brennan subsequently briefed President Obama and other senior national security officials on the intelligence, including the “alleged approval by Hillary Clinton on July 26, 2016 of a proposal from one of her foreign policy advisors to vilify Donald Trump by stirring up a scandal claiming interference by Russian security services.”

On 07 September 2016, U.S. intelligence officials forward an investigative referral to FBI Director James Comey and Deputy Assistant Director of Counterintelligence Peter Strzok regarding “U.S. Presidential candidate Hillary Clinton’s approval of a plan concerning U.S. Presidential candidate Donald Trump and Russian hackers hampering U.S. elections as a means of distracting the public from her use of a private mail server.”

By releasing the exhibits, Ratcliffe should raise real questions about his credibility. For example, I’m not at all sure this date, from Brennan’s notes, reads July 26 and not July 28, a critical difference for a ton of reasons.

The FBI report has a slew of boilerplate making it clear how sensitive this report was (for obvious reasons; effectively it shows that the CIA had some kind of visibility into Russian intelligence analysis), which makes it clear how utterly unprecedented this desperate declassification is. Former CIA lawyer Brian Greer discusses that in this Lawfare post.

Plus, Ratcliffe left out an unbelievably important part of the report: the role of Guccifer 2.0 in the Russian report. Intelligence collected in late July 2016 claimed that Hillary was going to work her alleged smear around neither the GRU (which had already been identified as the perpetrator of the DNC hack) nor WikiLeaks (which had released the DNC files, to overt celebration by the Trump campaign), but Guccifer 2.0, who looked to be a minor cut-out in late July 2016 (when this intelligence was collected), but who looked a lot more important once Roger Stone’s overt and covert communications with Guccifer 2.0 became public weeks later.

The report suggests Hillary magically predicted that days after this plot, President Trump’s rat-fucker would start a year’s long campaign running interference for Guccifer 2.0. Not only did Hillary successfully go back and trick George Papadopoulos into drunkenly bragging about Russian dangles in May 2016, then, Hillary also instantaneously tricked Stone into writing propaganda for Guccifer 2.0 days later.

No wonder they consider Hillary so devious.

Mind you, rather than producing evidence that Hillary seeded this story with the FBI (when her public attacks on Trump went right after the Russian intelligence services involved), they appear to be claiming that Hillary used the Steele dossier — which included no reporting on Guccifer 2.0, which was a very early sign of its problems — to plant a story that centered on Guccifer 2.0.

Next up, they’re going to accuse Hillary of going back in time and planting the extensive forensics that prove that the Guccifer 2.0 persona was a GRU operation.

Lucky for them, stupid stories work just fine for gaslighting the weak-minded frothers.

But here’s the craziest aspect of all of this.

The FBI report released here, dated September 7, describes three pieces of intelligence that a CIA fusion cell had collected that might be useful for the Crossfire Hurricane team. a, b, c.

The intelligence on Hillary is paragraph a.

This is CIA intelligence reporting on an American citizen, which means the original report would have necessarily masked the US person, which John Brennan would have had to unmask before reporting it at the White House meeting.

For the set of documents Ratcliffe released to exist, it would mean that John Brennan unmasked candidate the identity of Hillary Clinton, right in the middle of a presidential campaign, and shared raw intelligence incorporating that unmasked identity with others. For the Hillary intelligence to appear as paragraph a would mean she was likely the first American CIA unmasked in reporting that got shared as part of Crossfire Hurricane.

The people chasing this gaslight are some of the same people who continue to wail that — four months later — a bunch of people unmasked a report on Mike Flynn that was not, given what we can see from the closing documents in the case, shared with the Crossfire Hurricane team. For example, Andy McCarthy has written about unmasking over and over and over. Yet here he is, hopping on this latest gaslight, with nary a mention that after all this time, it looks like Hillary was the first person — the Presidential candidate herself!!! — to have her identity unmasked by the nefarious Crossfire Hurricane team.

Trump Puts his Rasputin Guy, Michael Caputo, at Department of Health and Human Services During a Pandemic

As Politico reported yesterday, in a bid to marginalize Alex Azar (who has been largely silenced in the middle of a pandemic since Rod Rosenstein’s sister Nancy Messonier told the truth in public), Trump has made Michael Caputo the spokesperson at Department of Health and Human Services.

The move is interesting for several reasons. It suggests the White House believes the way to control a Senate-confirmed cabinet member is to hire a spokesperson for that person, not to replace him or work out problems with him.

The move is designed to assert more White House control over Health and Human Services Secretary Alex Azar, whom officials believe has been behind recent critical reports about President Donald Trump’s handling of the coronavirus pandemic, according to two officials with knowledge of the move.

That, in turn, suggests that in the middle of a pandemic, Trump’s White House is treating HHS as a PR shop, not a functional agency.

But the far more interesting aspect of this hire is that, as recently as February 3, Bill Barr’s DOJ claimed in FOIA exemptions on Caputo’s FBI interview report that it was conducting an ongoing investigation into something Caputo did during the 2016 election — possibly with Roger Stone — called Project Rasputin. What Project Rasputin was is redacted in the 302. But whatever it was is closely enough connected with his and Stone’s willingness to take a meeting with a Russian selling dirt on Hillary Clinton that Caputo told Mueller’s team that, “‘Project Rasputin’ was mutually exclusive from anything having to do with” the guy selling that dirt.

Of course, on precisely the same day that Bill Barr’s DOJ released materials indicating it was still investigating something called Project Rasputin that Caputo had been involved in, Barr replaced then DC US Attorney Jesse Liu, who had permitted the Roger Stone investigation and prosecution to proceed unmolested by the kind of unprecedented interference that Barr would engage in just days later. Which raises questions about whether Trump doesn’t care that his own DOJ was still investigating something Caputo did in 2016, or whether Barr saw to it that investigation ended, making Caputo hirable for the first time in Trump’s Administration.

When I asked Caputo what Project Rasputin was, he simply responded by tweeting a picture of the charlatan advisor to a czar, a picture he has since deleted (along with a bunch of other Tweets he purged before taking this position).

Ah well. I’m glad that Trump’s desperation to stop Azar from telling the truth about how the President ignored sound medical advice in favor of conspiracy theories will provide yet another pressing reason to ask Reggie Walton to fully declassify the 302s describing this project.

Kavanaugh’s Tell: “Revenge on Behalf of the Clintons,” Plural

There’s a part of Brett Kavanaugh’s bombastic statement Thursday that has stuck with me, because it reveals the foundational logic of his statement — indeed, his entire candidacy for a lifetime appointment on the Supreme Court.

After complaining about how the nomination has destroyed his family, he accuses a shady, largely fictional, mirror image of the Right Wing Noise Machine of seeking revenge.

This whole two-week effort has been a calculated and orchestrated political hit, fueled with apparent pent-up anger about President Trump and the 2016 election. Fear that has been unfairly stoked about my judicial record. Revenge on behalf of the Clintons. and millions of dollars in money from outside left-wing opposition groups.

This is a circus. The consequences will extend long past my nomination. The consequences will be with us for decades. This grotesque and coordinated character assassination will dissuade competent and good people of all political persuasions, from serving our country.

The guy who insisted that–

I am strongly opposed to giving the President any ‘break’ in the questioning regarding the details of the Lewinsky relationship — unless before questioning on Monday, he either (i) resigns or (ii) confesses perjury and issues a public apology to [sexual assault cover-up expert Ken Starr].

That guy thinks the scrutiny of his own sexual past is just “revenge on behalf of the Clintons,” plural. Not just Hillary for — as he explicitly mentions — “President Trump and the 2016 election.” But also Bill Clinton, the man whom Kavanaugh demanded describe details of his use of sex toys and enjoyment of blowjobs under oath, and perhaps even Chelsea, the young girl who had to watch her parents be humiliated before the entire nation.

In spite of Kavanaugh’s suggestion that this imagined campaign would have consequences for decades, his admission that it might be revenge means it must be revenge for something. For something done to the Clintons. Hillary. And Bill.

For a guy who is unashamed about using stolen emails, the notion that he considers this revenge for Hillary is troubling enough. If this is revenge, it is revenge for Hillary being wronged during the 2016 election, and a big part of that wrong was using stolen emails. And Kavanaugh is no more embarrassed about using stolen emails than the guy who appointed him.

Kavanaugh suggests, in the same breath, that Hillary was wronged, but that denying him a seat on the Supreme Court, even for behavior that resembles that wrong, would be an outrage, even if his nomination was due entirely to the fact that she was wronged.

Brett Kavanaugh is not going to quit, no matter if his entire nomination is illegitimate because Hillary was wronged.

Perhaps more plausibly, Kavanaugh’s use of the plural, “Clintons,” suggests he thinks this is revenge for his own actions 20 years ago, his own demand that a man and his family be publicly humiliated.

But, again, if this is revenge, it suggests what happened to Clinton — the insistence that Bill confess under oath to Kavanaugh about cumming into Monica’s mouth — was itself wrong.

And once again, Brett Kavanaugh, the guy whose career was launched by demanding to hear the sordid details of sex under oath, does not care. Kavanaugh does not care that (as David Brock laid out early in this process) he himself “set a perjury trap for Clinton, laying the foundation for a crazed national political crisis and an unjust impeachment over a consensual affair.” He may recognize this as revenge and in so doing acknowledge that it is akin to the coordinated campaign he wrongly assumes is amassed against him, but he does not care that Democrats are (he imagines) adopting his own playbook.

You may defeat me in the final vote, but you’ll never get me to quit. Never.

In using that word “revenge” and imagining that Democrats are exacting revenge for both the Clinton impeachment and the use of corrupt means as a means of winning the 2016 election, Kavanaugh admits that he’s just getting a taste of the medicine he once administered. But his response to that is not to take a step back from the edge of the abyss that he himself created (and imagines himself to be standing on), take a step back with the recognition that he himself is not immune from his own tactics, but instead to complete the next logical step, the adoption of those same measures on the highest court of the land.

Never mind that by imagining credible questions about his past treatment of women is solely about the Clintons strips the agency of the millions of women trying to prevent abusers from again getting promoted in spite of it.

Kavanaugh, wrongly, thinks this is revenge for tactics he pioneered long ago. Having faced those tactics and discovered how painful they are, he has doubled down.

Paul Manafort’s Modus Operandi: Accuse the Female Politician of Crimes She Didn’t Commit, Then Dodge Sanctions

As Paul Manafort’s plea was being unveiled yesterday, a number of legal observers were shocked by how detailed the criminal information was, complete with 38 pages of exhibits. Hopefully, this will stop me from having to bitch incessantly about how many journalists have swallowed Rudy Giuliani’s claims about Mueller writing up a report. As I keep saying (and as Mueller’s boss Rod Rosenstein has said in testimony), there won’t be a report, there will be indictments.

Ostensibly, the exhibits are there to prove the assertion that Paul Manafort lied to DOJ about what kind of work he was doing for Ukraine.

Although MANAFORT had represented to the Department of Justice in November 2016 and February 2017 that he had no relevant documents, in fact MANAFORT had numerous incriminating documents in his possession, as he knew at the time. The Federal Bureau of Investigation conducted a court-authorized search of MANAFORT’S home in Virginia in the summer of 2017. The documents attached hereto as Government Exhibits 503, 504, 517, 532, 594, 604, 606, 616, 691, 692, 697, 706 and 708, among numerous others, were all documents that MANAFORT had in his possession, custody or control (and were found in the search) and all predated the November 2016 letter.

But I don’t think that’s why they’re there.

They’re there to show what Paul Manafort does when he’s running a campaign.

Because they show that for the decade leading up to running Trump’s campaign, Manafort was using the very same sleazy strategy to support Viktor Yanukovych that he used to get Trump elected.

In other words, these exhibits are a preview of coming attractions.

Take out the female opponent by prosecuting her

The criminal information provided far more detail about something we had only seen snippets of in the Alex Van der Zwaan plea: Manafort’s use of Skadden Arps to whitewash Yanukovych’s prosecution of Yulia Tymoshenko.

It describes how Manafort used cut-outs to place stories claiming his client’s female opponent had murdered someone.

MANAFORT took other measures to keep the Ukraine lobbying as secret as possible. For example, MANAFORT, in written communications on or about May 16, 2013, directed his lobbyists (including Persons D1 and D2, who worked for Company D) to write and disseminate within the United States news stories that alleged that Tymoshenko had paid for the murder of a Ukrainian official. MANAFORT stated that it should be “push[ed]” “[w]ith no fingerprints.” “It is very important we have no connection.” MANAFORT stated that “[m]y goal is to plant some stink on Tymo.”

And it shows Manafort seeding lies that his client’s female opponent had criminal intent when he knew there was no proof to back the claim.

MANAFORT directed lobbyists to tout the report as showing that President Yanukovych had not selectively prosecuted Tymoshenko. But in November 2012 MANAFORT had been told privately in writing by the law firm that the evidence of Tymoshenko’s criminal intent “is virtually non-existent” and that it was unclear even among legal experts that Tymoshenko lacked power to engage in the conduct central to the Ukraine criminal case. These facts, known by MANAFORT, were not disclosed to the public.

This propaganda effort against Manafort’s client’s female opponent included placing stories in Breitbart.

Sanctions will backfire

Manafort placed so much effort on inventing stories about Tymoshenko in part to take her out as a political opponent (and to create an opportunity to pitch Yanukovych’s corruption as a tolerable partner to Europe). But he did so, too, to undermine support for sanctions against Yanukovych for human rights abuses, of which Tymoshenko was the poster child.  Particularly after John Kerry replaced Hillary, Manafort undermined sanctions by promising raw material exploitation opportunities. (This bullet point, at PDF 25, is dated February 24, 2013).

We’ll learn more about what role Manafort himself played in Trump’s policy on sanctions (even aside from any quid pro quo that may have come out of the June 9 Trump Tower meeting), but we know that Trump’s view on sanctions is among the questions Mueller wants to ask Trump, and we know that in an op-ed encouraged by the Trump campaign (and highlighted to Ivan Timofeev), George Papadopoulos argued that sanctions had hurt the US.

Obama lost Ukraine

Manafort was even using some of the very same lines that Trump still uses, such as blaming Obama for “losing” Ukraine (this quarterly memo for Yanukovych, at PDF 21-, is dated April 22, 2013).

Electoral irregularities are my opponents’ fault

Shortly after Yanukovych won in 2010, Manafort boasted that he had established a baseline to be able to claim that Tymoshenko’s complaints about election irregularities were disinformation. (This memo, at PDF 6, is dated February 20, 2010.)

Manafort also prepared a full court press to influence the electoral observers in advance of Ukraine’s 2012 parliamentary election (this document, at PDF 5, is dated as October 9, 2012 in the trial exhibit list).

One thing we’re going to see in former Manafort partner Roger Stone’s eventual indictment is a focus on the work of his Stop the Steal PAC, both just after Manafort arrived to manage the Convention, and his voter suppression efforts (which paralleled Russian ones) during the general election.

Hillary Clinton is the enemy

Finally, as early as February 2013 (see PDF 14), Paul Manafort was advising his client that replacing Hillary Clinton with someone who would value raw material deals over human rights would be a positive development.

As it happens, in 2016, Paul Manafort could please all his clients by offering a man who valued raw material deals over human rights as a positive development.

As I disclosed 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. 

How Does the Strzok Text Dump Differ from Jim Comey’s July 5, 2016 Speech?

I’m a bit bemused by the response to DOJ’s release of the texts between Peter Strzok and Lisa Page. As Rod Rosenstein testified before HJC yesterday, the release came after notice to Strzok and Page through their lawyers. The release of the texts came with the approval of DOJ IG Michael Horowitz — who says the investigation into the underlying conduct may last through spring. And Rosenstein strongly implied he wanted them released, taking responsibility for it (while claiming not to know whether Jeff Sessions had a role in their release).

As he explained to Trey Gowdy — who, like a number of Republicans, claimed to be at a loss of what to say to constituents who asked “what in the hell is going on with DOJ and the FBI” — the release of the texts proves that any wrongdoing will be met with consequences.

Gowdy: What happens when people who are supposed to cure the conflict of interest have even greater conflicts of interests than those they replace? That’s not a rhetorical question. Neither you nor I nor anyone else would ever sit Peter Strzok on a jury, we wouldn’t have him objectively dispassionately investigate anything, knowing what we now know. Why didn’t we know it ahead of time, and my last question, my final question — and I appreciate the Chairman’s patience — how would you help me answer that question when I go back to South Carolina this weekend?

Rosenstein: Congressman, first of all, with regard to the Special Counsel, Mr. Strzok was already working on the investigation when the Special Counsel was appointed. The appointment I made was of Robert Mueller. So what I’d recommend you tell your constituents is that Robert Mueller and Rod Rosenstein and Chris Wray are accountable and that we will ensure that no bias is reflected in any actions taken by the Special Counsel or any matter within the jurisdiction of the Department of Justice. When we have evidence of any inappropriate conduct, we’re going to take action on it. And that’s what Mr. Mueller did here as soon as he learned about this issue — he took action — and that’s what I anticipate the rest of our prosecutors, the new group of US Attorneys, our Justice Department appointees. They understand the rules and they understand the responsibility to defend the integrity of the Department. If they find evidence of improper conduct, they’re going to take action.

So Congressman, that’s the best assurance I can give you. But actually, there’s one other point, which is you should tell your constituents that we exposed this issue because we’re ensuring that the Inspector General conducts a thorough and effective investigation, and if there is any evidence of impropriety, he’s going to surface it and report about it publicly.

I actually think Rosenstein did a much better job than others apparently do, yesterday, at distinguishing between the Strzok texts (which apparently were on DOJ issued cell phones and, in spite of having Hillary investigation subject lines may not have been logged into Sentinel) and the political views of Andrew Weissmann or the past representation of Jeannie Rhee. Furthermore, he repeatedly said he would only fire Mueller for cause, and made it clear there had been no cause. Several times he talked about how closely he has worked with Mueller, such as on the scope of what gets included in his investigation (even while defending the charges against Manafort as appropriately included).

That said, I wonder how Rosenstein distinguishes, in his own mind, what he did in approving the release of the texts from an ongoing investigation and what Jim Comey did on July 5, 2016, when he gave a press conference about why Hillary Clinton had not been charged. While Rosenstein’s biggest complaint in his letter supporting the firing of Comey was that he substituted his decision for that of prosecutors, he also argued that the Department shouldn’t release derogatory information gratuitously.

Compounding the error, the Director ignored another longstanding principle: we do not hold press conferences to release derogatory information about the subject of a declined criminal investigation. Derogatory information sometimes is disclosed in the course of criminal investigations and prosecutions, but we never release it gratuitously. The Director laid out his version of the facts for the news media as if it were a closing argument, but without a trial. It is a textbook example of what federal prosecutors and agents are taught not to do.

In response to skeptical question at a congressional hearing, the Director defended his remarks by saying that his “goal was to say what is true. What did we do, what did we find, what do we think about it.” But the goal of a federal criminal investigation is not to announce our thoughts at a press conference. The goal is to determine whether there is sufficient evidence to justify a federal criminal prosecution, then allow a federal prosecutor who exercises authority delegated by the Attorney General to make a prosecutorial decision, and then – if prosecution is warranted – let the judge and jury determine the facts. We sometimes release information about closed investigations in appropriate ways, but the FBI does not do it sua sponte.

In some ways this is worse because of the off chance that Inspector General Michael Horowitz finds that these texts don’t merit some kind of response; the investigation is not finished yet.

That said, I actually do think there’s a difference: Strzok and Page are department employees, rather than subjects of an external investigation. DOJ exercises awesome power, and usually DOJ is releasing the texts of private citizens in this kind of embarrassing way.

Even former clearance holders seem surprised that these texts were discovered. It is unbelievable to me how few people understand the great liberty that counterintelligence investigators like Strzok can have in obtaining the communications of investigative targets like he has now become, particularly during leak or insider threat investigations. That may not be a good thing, but it is what other targets have been subjected to. So I think it reasonable to have FBI’s own subject to the same scrutiny, for better and worse.

I do think it worthwhile for DOJ to show that it will hold people accountable for improper actions.

Plus, aside from one August comment — which we may obtain more context on when Horowitz does finish this investigation — about an “insurance” policy against Trump, the texts simply aren’t that damning (though they do raise questions about Strzok’s role in the investigation). Strzok agrees with Rex Tillerson, after all, that Trump is an idiot.

So as far as that goes, I’m actually okay with Rosenstein’s release of these texts.

Except I worry about something else.

I actually worry less about Mueller getting fired than just about every other Trump opponent on the planet. Rosenstein seems intent to let him do his work, and (notably at several times during the hearing) seems to agree with the gravity of the investigation. Trump can’t get to Mueller without taking out Rosenstein (and Rachel Brand). And I actually think Rosenstein has thus far balanced the position of a Republican protecting a Republican from Republican ire fairly well. I expect the next shoes Mueller drops — whenever that happens — will change the tone dramatically.

What bothers me most about the release of these texts, however, is that they are a response to the same pressure that Comey was responding to (and which he thought he was smart enough to manage, just as Rosenstein surely thinks he can handle it here).

They are a response — from the same people who ran the Benghazi investigation then ignored DOJ’s prosecution of the Benghazi mastermind — to a willingness to challenge the very core of DOJ functionality, all in a bid to politicize it.

Perhaps Rosenstein is right to bide his time — to create space for Mueller to drop the next few shoes — with the release of the Strzok texts.

But at some point, Republicans need to start calling out Republicans for the damage they’re doing to rule of law with this constant playing of the refs, this demand for proof that Democrats aren’t getting some advantage through the rule of law. If those next shoes don’t have the effect I imagine, it may be too late.