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While Lindsey Graham Was Stalling Merrick Garland’s Confirmation He Was Hoping for Imminent Hunter Biden and John Durham News

One of the very last things Lindsey Graham did as Senate Judiciary Chair was to send a letter to Acting Attorney General Monty Wilkinson urging him not to do anything about two investigations that — according to his addled little brain — “Democrats would rather go away.” In addition to the Delaware investigation of Hunter Biden, Lindsey included the John Durham investigation in that.

I was even the primary sponsor of bipartisan legislation, favorably reported out of the Senate Judiciary Committee, to protect Special Counsel Mueller’s probe from being terminated. Special Counsel Mueller of course found no evidence of collusion between the Trump campaign and Russia, but it was important for public trust that the probe be completed without interference.

We now find the shoe on the other foot. We have two properly predicated, ongoing investigations Democrats would rather go away: Special Counsel John Durham’s investigation of the Crossfire Hurricane investigation and the investigation by the Delaware U.S. Attorney’s Office into Hunter Biden. Special Counsel Durham’s probe has already yielded a felony conviction.

I am writing to respectfully request that you refrain from interfering in any way with either investigation while the Senate processes the nomination of Judge Merrick Garland to the position of Attorney General. The American public deserve the truth and must know that these investigations will continue without political interference.

There’s a lot that’s ridiculous about this letter. It is laughably false to claim that Mueller “found no evidence of ‘collusion,'” — that would be a false claim even if Lindsey had used the legally relevant term of “conspiracy.”

The shoe is not on the other foot. In contradistinction to Trump’s incessant focus on the Russian investigation, there has been no peep about these investigations from the Biden White House. Instead, Hunter Biden rolled out a book deal the other day, which led his father to focus on the import of recovery from addiction, not legal risk.

Lindsey waves Durham’s single felony conviction around — as compared to Mueller’s much more productive investigation and based on evidence entirely derived from Michael Horowitz’ investigation — even after presiding FISA Judge James Boasberg concluded that Kevin Clinesmith did not commit that crime out of any ill-will and sentenced him to a year of probation.

It’s just such a pathetic effort to sustain conspiracy theories Trump chased, and in spite of the Fox News piece on this letter quoting someone that sounds remarkably like Lindsey Graham talking about an ongoing investigation he shouldn’t know about off the record, it’s not actually clear that either of these will result in a showy prosecution. Hell, for all we know, Durham has shifted his focus to what the FBI Agents who were sending pro-Trump tweets on their phones did during the investigation or why Bill Barr’s DOJ submitted altered documents to a criminal docket, precisely the crime Clinesmith pled guilty to.

To repeat, Graham wrote this to urge Wilkinson, who remains in charge of DOJ and oversees the Durham investigation (Acting Deputy Attorney General John Carlin probably oversees the Hunter Biden one) because Merrick Garland remains the most senior Cabinet official who hasn’t been confirmed yet. This was one of his last acts as Chair of SJC.

But the other major final stunt before handing his gavel over to Dick Durbin was precisely that delay. In spite of Garland’s bipartisan support and in spite of Durbin’s exhortations to stop delaying, Lindsey simply didn’t take up Garland’s nomination when he counterparts were doing so. And so DOJ may not get a confirmed Attorney General until late February or early March.

Probably, Lindsey primarily stalled this confirmation just to impose a price on Democrats for impeaching the former President.

But I had been wondering whether Lindsey didn’t have more in mind, perhaps the delay of charges that DOJ would not unseal without Garland’s sanction. And that may be the case.

But along with that delay, Lindsey has also delayed his opportunity to obtain assurances from Garland that he’ll leave these two investigations Lindsey is obsessed about untouched.

A Modest Proposal: Include Lindsey Graham’s Threats against Brad Raffensperger in any Special Counsel Mandate

Lindsey Graham has endorsed the idea of appointing a Special Counsel to investigate Hunter Biden.

Graham on a special counsel for Hunter Biden: I think it’s a good idea..if you believe a special counsel was needed to look at the Trump world regarding Russia. How can you say there’s no need for special counsel regarding Hunter Biden?”

Apparently, the Chair of the Senate Judiciary Committee doesn’t see the difference between appointing a Special Counsel after the President has fired the FBI Director to stop an investigation into himself and a Special Counsel to investigate the President-Elect’s son two years into an investigation that has (thus far) found nothing. Graham doesn’t even seem to realize that various parts of the Trump DOJ have investigated — at a minimum — Trump’s son-in-law (as part of a referral from the Mueller investigation, though the topic is unknown), Trump’s personal lawyer, and any number of his corrupt former campaign managers, without needing a Special Counsel to protect the independence of the investigation, not even after the confirmed interference by the Attorney General.

The call for a Special Counsel to continue an investigation that has already lasted two years (that is, longer than the entire Mueller investigation and twice as long as it took to indict Manafort on 44 counts of tax evasion, bank fraud, money laundering, and unregistered influence-peddling) without finding anything comes along with President Trump’s call for another Special Counsel investigating purported voter fraud.

As I said in my post noting that John Durham has unaltered originals of documents that — under Billy Barr’s micromanagement — got altered and submitted to a judge, followed by a lie to the same judge, one way to deal with the Durham Special Counsel designation is to have him investigate crimes that Barr’s associates may have committed in their efforts to undermine the Russian investigation. John Durham will control the day-to-day conduct of this investigation, but he doesn’t — cannot legally, under current precedent — control the scope.

Something similar could be done with both of the Special Counsel investigations Trump wants to push. Rudy Giuliani will no doubt be pardoned in the next 35 days. And the next day, Rudy will wake up and continue pursuing the same disinformation, largely about Hunter Biden, from Russian-tied mobbed up oligarchs. So Sally Yates or Doug Jones or whoever Biden makes Attorney General can very easily ask a Special Counsel to include Rudy’s potential crimes among those the Special Counsel investigates. The Special Counsel doesn’t even have a reporting mechanism to complain about scope (which John Durham might have used when Barr was flying him around the world chasing George Papadopoulos’ conspiracy theories). If the Special Counsel complained about the scope, she could quit and be replaced by someone Biden’s AG believed appropriate. If the Special Counsel leaked anything, Biden’s AG would have the Comey precedent to justify firing the Special Counsel.

So, too, could a Special Counsel appointed by Trump to investigate voting irregularities be scoped to investigate the more credible allegations of crimes committed during the election, most notably threats and other coercive means used against those (including Republicans) trying to conduct free and fair elections. Among others whose conduct could be investigated are government employees who also served as counsel on Trump-backed lawsuits challenging the election. A Special Counsel investigating allegations of crime during the election could review fraudulent claims alleging fraud in sworn declarations submitted in these frivolous lawsuits; such an investigation could consider whether there was an organized effort to collect such perjurious statements, and if so, who funded it all. Such a Special Counsel could investigate whether then-President Trump’s multiple calls haranguing GOP officials constituted a threat or some kind of bribe. A Special Counsel could and should review the range of violent threats against participants on both sides of the election.

Among the most alarming potential crimes alleged during the post-election period, as it happens, involves Lindsey Graham himself. He called up Georgia’s Republican Secretary of State, Brad Raffensperger, and — while witnesses were listening — pushed Raffensperger to disqualify legal votes.

Georgia Secretary of State Brad Raffensperger said Monday that he has come under increasing pressure in recent days from fellow Republicans, including Sen. Lindsey O. Graham (S.C.), who he said questioned the validity of legally cast absentee ballots, in an effort to reverse President Trump’s narrow loss in the state.

[snip]

In the interview, Raffensperger also said he spoke on Friday to Graham, the chairman of the Senate Judiciary Committee, who has echoed Trump’s unfounded claims about voting irregularities.

In their conversation, Graham questioned Raffensperger about the state’s signature-matching law and whether political bias could have prompted poll workers to accept ballots with nonmatching signatures, according to Raffensperger. Graham also asked whether Raffensperger had the power to toss all mail ballots in counties found to have higher rates of nonmatching signatures, Raffensperger said.

Raffensperger said he was stunned that Graham appeared to suggest that he find a way to toss legally cast ballots. Absent court intervention, Raffensperger doesn’t have the power to do what Graham suggested because counties administer elections in Georgia.

“It sure looked like he was wanting to go down that road,” Raffensperger said.

It’s unclear whether Lindsey’s actions constitute a crime or not. But that’s why it would be a reasonable thing for a Special Counsel, one not directly controlled by Biden’s AG, to review: to ensure it receives a fair review without political influence.

Lindsey Graham seems to believe that Trump’s calls for Special Counsels are merited.

Very well then.

Missing the National Security Crises for the Trump Temper Tantrums

Even after Republicans and Vladimir Putin have conceded that Donald Trump will no longer be President in 35 days, key parts of the press corps seem unable to look beyond Trump’s temper tantrums to the state of the country.

NBC,  for example, has a 17-paragraph story about Pat Cipollone’s efforts to persuade Trump not to fire Chris Wray and maybe Chad Wolf and maybe Gina Haspel and who knows maybe some more national security figures Trump is pissy about because they haven’t catered to his personal demands. The story doesn’t once mention that these same national security officials — especially Wray and Wolf — are neck deep in a crisis attempting to assess and respond to the SolarWinds compromise of multiple US agencies.

While Trump’s frustrations with Attorney General Bill Barr boiled over in recent days, and Barr resigned on Monday, the president’s advisers hope he’s been persuaded against ousting Wray. Multiple current and former senior administration officials said firing Wray does not appear imminent, but they also point out that the president could make such a decision on a whim at any time. Indeed officials said they are prepared for Trump to go on a firing spree before leaving office next month.

“I wouldn’t take anything off the table in coming weeks,” the senior administration official said of personnel changes, as well as presidential pardons. The official said to expect “some more fairly significant terminations in the national security or intelligence community.”

That this story could even be reported with an unrelenting focus on Trump’s revenge fantasies and not, instead, an extended discussion of the way these revenge fantasies have distracted the entire Administration from urgent crises which Trump’s past revenge fantasies have invited and made worse is an alarming failure of basic framing.

Similarly, in the middle of a 19-paragraph AP story on the transition at DOJ from Bill Barr to Jeffrey Rosen, it summarizes the main point of the story: the biggest issue before DOJ as it prepares for pardonpalooza, continues to cope with running prisons and fraud investigations during a pandemic, sues some of the world’s biggest tech companies, and deals with Mexico’s withdrawal from virtually all drug enforcement cooperation is whether or not the Attorney General, some Attorney General, any Attorney General appoints a special counsel to investigate Hunter Biden.

As Barr exits, the biggest thing by far hanging over the Trump Justice Department is its investigation into Hunter Biden, which involves multiple U.S. attorney offices and FBI field offices.

The AP is so deep inside Trump’s manic delusions that it states, as fact, that appointing a special counsel would by itself make for a more complicated investigation, as if someone could just chase Rudy Giuliani conspiracies for four years without Biden’s Attorney General making a solid case the person should be fired.

Appointing a special counsel for the Hunter Biden probe would also signal a more prolonged and complicated investigation than the current inquiry, so far largely centered on his taxes.

DOJ has already spent something like 4 US Attorney years investigating Hunter Biden and has yet to charge him with a single crime; while it remains to be seen whether the tax charges are real, at some point an investigation will butt up against the reality that even the politicized Scott Brady one did: most of the allegations against Hunter Biden are the product of very frothy conspiracy theorizing and aggressive disinformation that straight reporters are not obliged to adopt.

It is useful — important even — to report on the Trump’s temper tantrums. But his tantrums, at this point, are most important for the way they’ve paralyzed and corrupted the entire government during a time it faces multiple urgent crises. Don’t let sources dodge how indulging the President’s childish whims means they, too, are failing to do their real job serving the country.

The country is burning. It is burning, in significant part, because the President has always prioritized his own personal vendettas over the good of the country.

If you need to report on how Trump has put his own revenge fantasies over all else during his Lame Duck, do so as a first step towards holding him accountable for the wreckage that has resulted, not to indulge those fantasies as if the rest of us should care about them anymore.

The Claim that Billy Barr Didn’t Release Any Investigative Information During the Election Is False

Even before Billy Barr’s obsequious resignation, he and his handlers had been working the press to boost his tainted reputation. Consider not one (dated December 10) but two (dated December 14) WSJ stories boasting about how Barr kept the Hunter Biden investigations from going public. The WSJ lauds Barr for doing things that he pushed to have Peter Strzok and others prosecuted for also doing in the Russian investigation (one theory that John Durham and Jeffrey Jensen pursued is that because Strzok didn’t approve NSLs against Mike Flynn in November 2016 he had no basis to do so in February and March 2017).

Mr. Barr took more steps than previously reported to insulate the investigations, despite calls from President Trump and Republican allies to announce a probe involving President-elect Joe Biden’s son Hunter.

Mr. Barr and senior department officials relayed the instructions in conversations with prosecutors, questioning whether their staff members could be trusted and warning against issuing subpoenas or taking other steps that might become public, some of the people familiar with the matter said.

It’s full of fawning praise that accepts as true that Barr would never reveal information from an ongoing probe.

As the election drew nearer, calls from Mr. Trump and some Republican allies for the investigations rose in urgency. Mr. Barr and other top Justice Department officials resisted inquiries from several Republican lawmakers and their staffs for information on whether investigators were examining Hunter Biden, two people familiar with the matter said.

“It’s not even debatable that it is wrong for anyone in the chain of command at DOJ, especially the top law enforcement person in the country, to reveal an ongoing confidential criminal investigation. And Bill Barr was not going to do that,” said Richard Cullen, a former U.S. attorney and longtime friend of the attorney general.

The WSJ even points to the Scott Brady investigation, without noting what happened to it during the investigation.

After the acquittal, Mr. Barr announced that the U.S. attorney in Pittsburgh, Scott Brady, would receive and review information related to Hunter Biden and Ukraine from Mr. Giuliani.

As the NYT reported, Brady was pushing the FBI to do stuff they deemed inappropriate, particularly during an election year. It sounds like, to the degree that these investigations remained secret, that was due more to the FBI than to Barr or his hand-selected partisan US Attorney.

The steps were outside “normal investigative procedures,” one former senior law enforcement official with knowledge of the events said, particularly in an election year; Justice Department policy typically forbids investigators from making aggressive moves before elections that could affect the outcome of the vote if they become public.

The Pittsburgh F.B.I. office refused to comply without the approval of David L. Bowdich, the F.B.I.’s deputy director, the former official said.

Mr. Brady’s demands soon prompted a tense confrontation with F.B.I. officials at the bureau’s headquarters in Washington. The meeting was mediated by Seth D. DuCharme, now the acting U.S. attorney in Brooklyn and at the time a trusted aide and ally of Mr. Barr’s at the Justice Department in Washington.

[snip]

Still, Mr. Brady pressed the F.B.I. to do more, officials said. The agents found ways to ostensibly satisfy Mr. Brady without upending the election. It is not clear how they compromised, but agents could have investigated more discreetly, like questioning witnesses they were confident would keep quiet or checking databases.

WSJ addresses the Durham investigation this way in its last three paragraphs.

Mr. Barr soon after ordered an investigation into the origins of the FBI’s 2016 probe that had led to Mr. Mueller’s appointment. Mr. Barr openly contemplated releasing the results ahead of November’s election. He told The Wall Street Journal in August the department’s election-sensitivities policy did not apply because the previously announced inquiry did not “reach to Obama or Biden, and therefore the people under investigation are in fact not really political figures.”

Then, the federal prosecutor leading that review, John Durham, hadn’t completed his work in time. Mr. Durham’s deputy resigned in part over concerns that Mr. Barr would use the findings for political gain, the Journal previously reported. Mr. Trump and his allies said they hoped some findings would be released before the election. Mr. Durham hasn’t commented on his team’s work.

In October, Mr. Barr appointed Mr. Durham special counsel, meaning he can only be removed for cause and likely leaving the probe for his successor to address. He didn’t disclose that appointment until Dec. 1.

I’m not sure how a piece that describes Nora Dannehy’s resignation can claim — anywhere — that Barr worked hard to keep investigative information secret. He tried to do the opposite, and failed, at least with respect to the Durham investigation.

But what he did in response should disabuse any journalist of the claim that Barr tried to keep investigative information secret.

In the 60 days leading up to the election, the Jeffrey Jensen released an interview report — from a witness that John Durham surely also interviewed — that was so obviously intended for political effect that it left out key details and evidence from the investigation into Mike Flynn and invited a pro-Trump FBI Agent to make accusations about Mueller prosecutors he didn’t even work with. The report was also redacted so as to hide material, complimentary information about the Mueller investigation.

At the same time, the Jensen investigation released a package of exhibits also reviewed as part of the Durham investigation, at least three of which had been altered, including to have their protective order footers removed:

One of the alterations — a misleading date falsely suggesting Biden played a role in the Mike Flynn investigation that DOJ knew well Bob Litt actually played — was used by Trump to make an attack on Joe Biden.

It is simply false to say that Barr didn’t release investigative information affecting Joe Biden. Indeed, under his micromanagement, Jensen did far worse than Jim Comey did in 2016, because the information was packaged up

After Wailing That No One Was Reporting on the Hunter Biden Laptop, Glenn Greenwald Is Now Wailing because Ben Collins Did

As I’ve addressed both here and on Twitter (post 1, post 2), Glenn Greenwald has written at least three error-ridden posts wailing that no one has written about the Hunter Biden laptop that Steve Bannon and Rudy Giuliani used to seed an attempted attack on Joe Biden.

In an apparent attempt to generate more subscribers to his Substack of non-stop Hunter Biden laptop posts, Glenn continues to wail about people doing actual journalism. Yesterday, for example, he attacked Brandy Zadrozny (who was recently targeted directly by Glenn’s buddy Tucker Carlson) and Ben Collins, claiming that their reporting on organized disinformation efforts,  “is not journalism: it’s quashing of dissent.”

Collins responded with a long thread of the reporting that he had done over the last year, describing along the way the victims of such disinformation.

Among those stories, Collins included a story where he reported that a month before the Hunter Biden laptop was “discovered,” a fake person was pushing it.

Just days before the election, then, Collins was doing precisely what Glenn was demanding, reporting on the Hunter Biden laptop. Only, he wasn’t telling the precise story Glenn wanted told about the “laptop.”

One month before a purported leak of files from Hunter Biden’s laptop, a fake “intelligence” document about him went viral on the right-wing internet, asserting an elaborate conspiracy theory involving former Vice President Joe Biden’s son and business in China.

The document, a 64-page composition that was later disseminated by close associates of President Donald Trump, appears to be the work of a fake “intelligence firm” called Typhoon Investigations, according to researchers and public documents.

The author of the document, a self-identified Swiss security analyst named Martin Aspen, is a fabricated identity, according to analysis by disinformation researchers, who also concluded that Aspen’s profile picture was created with an artificial intelligence face generator. The intelligence firm that Aspen lists as his previous employer said that no one by that name had ever worked for the company and that no one by that name lives in Switzerland, according to public records and social media searches.

One of the original posters of the document, a blogger and professor named Christopher Balding, took credit for writing parts of it when asked about it and said Aspen does not exist.

Glenn replied to Collins’ thread with a ridiculously dickish response, then tried to suggest that because Collins is paid by NBC, he must be a fraud.

To recap then. Glenn has spent weeks suggesting no one at big media outlets was reporting on the Hunter Biden laptop.

Collins noted that he did.

Glenn’s response to was to call him a fraud because he did that reporting at NBC.

I guess it wasn’t reporting he was really after.

DOJ’s Ukraine Fire Sale: The Jerry Nadler Questions Bill Barr Didn’t Answer

Yesterday, Natasha Bertrand posted a January 17, 2020 memo issued by Deputy Attorney General Jeffrey Rosen, which was cited in a response DOJ sent to a letter Jerry Nadler sent on February 10. In it, Assistant Attorney General for Legislative Affairs Stephen Boyd explained that — in addition to asking Scott Brady to manage intake of any disinformation Rudy Giuliani provides DOJ, Rosen “assigned Richard Donoghue, the U.S. Attorney for the Eastern District of New York, to assist in coordinating … several open matters being handled by different U.S. Attorney’s Offices and Department components that in some way potentially relate to Ukraine.”

Add Donoghue to the list of US Attorneys that Attorney General Barr has deployed in his effort to politicize the Department.

Because the Donoghue Ukraine news (and the suggestion that Donoghue may be overseeing an investigation into the Bidens) got so much attention, there has been little attention to the questions Nadler originally asked, most of which Boyd did not answer.

But those questions are perhaps more telling.

For starters, Bill Barr did not answer whether he intends to recuse himself from the Ukrainian grifter case.

In light of the allegations by Mr. Parnas against the Department and you personally, do you intend to recuse yourself from any and all communications relating to Ukraine? Have you done so already?

In addition, Barr did not answer several questions about communications between DOJ, Rudy, and the White House:

(8) Please state the dates of any communications between the Department and Mr. Giuliani regarding information relating to Ukraine or investigations of the Bidens. Please state who else, if anyone, participated in those communications.

(9) Has the Department shared any information it has received from Mr. Giuliani with President Trump or any other White House official? If so, please state the dates of any such communications, the participants in any such communications, and the nature of the information conveyed to the White House.

(10) Have you discussed the intake process with President Trump or any other White House official? If so, please state the dates of any such communications, the participants in any such communications, and the nature of the discussion.

The only answer Boyd gives to any of these questions effectively repeats DOJ’s September 25, 2019 press answer.

Finally, your letter poses questions regarding a September 25, 2019 press statement by the Department. That statement remains accurate. As Attorney General Barr has repeatedly affirmed, he has not discussed matters relating to Ukraine with Rudolph Giuliani.

In short, Bill Barr refused to answer a specific question about whether he should recuse from an investigation into which he has been personally implicated. And DOJ refused to explain precisely what kind of communications there have been between Rudy, DOJ, and the White House.

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.

Will Hurd

Will Hurd’s Sparkle Pony Approach to the Solemn Duty of Upholding the Constitution

There was yet another stunning impeachment hearing, with Fiona Hill and David Holmes laying out yet more evidence that Trump subordinated the national security of the United States to his own personal needs.

But that didn’t sway Will Hurd, who used his minutes at the end not to ask the question he has asked of many other witnesses, for a list of Ukrainians close to Volodymyr Zelensky with whom Rudy was interacting (Holmes had already made clear the list is much longer than the list Hurd had previously used to dismiss the inquiry).

Instead, he used his time to:

  • Grossly misrepresent the totality of the inquiry to two words in Trump’s call
  • Admit that this is a terrible precedent (one that Trump has already repeated with other countries)
  • Affirm that Trump’s actions harmed national security
  • Grossly misrepresent crystal clear messages to Ukraine, pretending they were unclear to the Ukrainians
  • Call willful actions for personal benefit a “bungling” foreign policy
  • Accuse Democrats (and nonpartisan witnesses) of undermining Ukraine for observing its reliance on us
  • Falsely claim there were differences of opinion about the call: no witness expressed having no concern about it
  • Call an investigation in which not a single witness was a partisan Democrat (just Tim Morrison, as a Congressional staffer, and Jennifer Williams, as a George W Bush campaign worker expressed any partisan affiliation) an extremely partisan process
  • Completely ignore Trump’s violation of the Budget Impoundment Act to create his extortion, effectively blessing the usurpation of his own power as a Congressman
  • Remain silent about the Administration’s refusal to cooperate at all in the inquiry, withholding every senior official’s testimony

Most cynically, though, Hurd blamed the focus on the President’s crimes for the distraction from Ukraine, not the President’s crimes itself. He blamed Democrats for the shift of focus, not the Administration’s refusal to respond to very simple, bipartisan requests about Ukraine, most notably on funding.

Then he suggested this investigation was rushed.

The delay is hurting Ukraine (and our own national security), but the inquiry has been rushed, said the former CIA officer.

And then, he laid out what he needed to assess whether this was really a crime: more testimony. Not from Mike Pompeo, Rick Perry, Mick Mulvaney, or John Eisenberg, all of whom can answer key questions that remain unanswered.

But from three people who should not testify:

  • Rudy Giuliani (because he is being criminally investigated for this activity and it’d be insane for him to do so–which is probably why he refused Lindsey Graham’s request for testimony)
  • Hunter Biden (because there has been no credible claim he did anything that Trump’s children aren’t currently doing)
  • The whistleblower (because every other witness has corroborated the whistleblower’s complaint and the President has already been retaliating against him for a month)

In short, Hurd offered up these three impossible witnesses, knowing that neither Democrats nor Republicans would agree to the request, as his condition to consider the matter further.

Hurd admitted in his statement that this is a gravely serious duty under the Constitution. And, having admitted that seriousness, he asked for a Sparkle Pony — something he knew he would not get — to excuse his own cowardice for refusing to do anything about Trump’s abuse of office.

Elise Stefanik Makes Case that Don Jr and Eric Trump Must Resign from Trump Organization

The first of today’s two impeachment hearings just finished up. While Adam Schiff and Dan Goldman remained sharp, Steve Castor remained lackadaisical, and Devin Nunes and Jim Jordan remained disgusting, much of the rest of the committee, on both sides, seemed less engaged than in last week’s hearings. Bizarrely, Republicans spent much of the hearing asking witnesses Alexander Vindman and Jennifer Williams — both of whom were direct witnesses to the call to which Republicans want to limit the impeachment inquiry — to provide hearsay testimony about Burisma and Hunter Biden.

The highlight of the hearing came when Vindman, who had been smeared with questionable loyalties leading up and during the hearing, explained that he told his father not to worry about him testifying because, “This is the country I’ve served and defended. That all of my brothers have served. And here, right matters.”

Because of her stunt in last Friday’s hearing, I’m interested in what Elise Stefanik did.

First, she got demoted. Her male colleagues treated her like the junior committee member she is, rather than giving her top billing. That, by itself, made it clear she was used last week as a token.

When it finally came around to her turn three and a half hours into the hearing, she then focused on talking points she has adopted — that under Trump (in part forced by Congress) Ukraine has gotten assistance and continued to work on corruption, no investigation into Joe Biden got started, and the aid ultimately got released.

But as part of that, she walked Vindman through an attack on Burisma, first misquoting him saying that in Ukraine, generally, tax evasion and money laundering are a problem, to apply that to Burisma. She then said,

I know that my constituents in NY-21 have many concerns about the fact that Hunter Biden, the son of the Vice President, sat on the board of a corrupt company like Burisma.

It’s a wonderful sentiment, really, that Congress should dictate what the family members of top officials should do to make money.

But since she has expressed this concern, I assume she feels the same about two other children who occupy top positions in a company with a documented history of facilitating money laundering and credible allegations of tax evasion, particularly given that her own state, New York State, found that these children, Don Jr and Eric Trump, as well as their sister, must be barred from running any charities in the state.

Since Elise Stefanik has stated, in front of the nation, that the children of top government officials must not have leadership positions in corrupt companies with money laundering and tax evasion problems, surely she’ll call for the President’s sons to step down from the family business?

The Gaping Hole in the Impeachment Investigation Where Bruce Swartz Should Be

In her testimony Friday, Marie Yovanovitch repeatedly said that, if Trump believed that Burisma needed to be investigated, there were official channels to do so.

That’s a part of the impeachment inquiry that hasn’t received enough attention — but is likely to receive a lot more starting tomorrow, when Kurt Volker testifies.

That’s because his story seems to have a big gaping hole where Bruce Swartz, the Deputy Assistant Attorney General for International Affairs, should be.

There’s a subtle detail about the efforts to get Ukraine to investigate the Bidens that needs more attention — and elucidation: a purported effort by Kurt Volker to get Bruce Swartz to officially ask Ukraine to investigate the Bidens. He would have been in the loop in any normal requests between the US and Ukraine.

As Trump’s people were pressuring Ukraine to open up an investigations for Trump, Andriy Yermak deferred by asking for an official request from the US government to open such an investigation. As an experienced diplomat, Kurt Volker proposed doing what should happen next, calling Bruce Swartz to put such investigations into formal channels. But according to him, this inexplicably never happened.

A Hi, did you connect with Andriy? Yeah.

Q And then what did You say?

A Not yet. Will talk with Bill and then call him later today. Want to know our status on asking them to investigate.

Q Okay. What did you mean by “our status on asking them to investigate”?

A Whether we had ever made an official request from the Department of Justice.

Q And then skipping down later, you say: Hi — this is August 17th, 2019, at 3:02 — Hi, I’ve got nothing. Bill — meaning Bill Taylor, correct?

A Yes.

Q Had no info on requesting an investigation. Calling a friend at DOJ, Bruce Schwartz (ph). Who is Bruce Schwartz (ph) ?

A Bruce Schwartz is a senior official in the Department of Justice responsible for international affairs, someone I’ve known for many years.

Q Did you reach out to Mr. Schwartz (ph) about mentioning these investigations or whether — I’m sorry, strike that. Did you reach out to Mr. Schwartz (ph) about whether the U.S. had ever requested an official investigation in Ukraine about these two issues that we’ve been talking about?

A I reached out to him and we did not connect.

Q So you never spoke with Bruce Schwartz (ph) ?

A At this — not at this — not in — well

Q Not in this context?

A Not in this context and not since then.

Q Did you speak with anyone at DOJ about whether the U.S. had requested an official investigation?

A No, I did not. I did ask I did ask our Charge to also check. And I later understood that we never had. And because of that was another factor in my advising the Ukrainians then don’t put it in now.

Q You told the Ukrainians don’t put it in the specific investigation?

A Yes, yes.

Q Did you speak with the Ukrainians about whether or not the U.S. had ever requested an official investigation?

A It came up in this conversation with Andriy about the statement, and he asked whether we ever had. I didn’t know the answer. That’s why I wanted to go back and find out. As I found out the answer that we had not, I said, well, let’s just not go there.

Q So Mr. Yermak wanted to know whether the U.S. DOJ

A Yes.

Q had ever made an official request?

A Yes. He said, I think quite appropriately, that if they are responding to an official request, that’s one thing. If there’s no official request, that’s different. And I agree with that.

Q And then Ambassador Sondland then asked: Do we still want Zelensky to give us an unequivocal draft with 2016 and Burisma?

A Yes.

Q And you responded how?

A I said: That’s the clear message so far.

Q That’s the clear message from whom?

A From Giuliani and what we had discussed with Gordon. That’s the clear message so far .

[snip]

Q And, to your knowledge, there never was an official United States Department of Justice request?

A To my knowledge, there never was. And about this time, I stopped pursuing it as well, because I was becoming now here convinced this is going down the wrong road.

For his part, Bill Taylor opposed even calling Swartz, because it was so improper to ask Ukraine to investigate an American in the first place.

Q There was a reference to reaching out Department. You mentioned Deputy Assistant Attorney General, which I assume is Bruce Swartz.

A It is.

Q Did you ask Ambassador Volker to reach out to Bruce Swartz?

A He volunteered to do that.

Q Okay. And what was the feedback from Swartz?

A I don’t know that they ever connected.

Q Okay. And was there any followup effort to close the loop with the Justice Department?

A No. I thought the whole thing was a bad idea.

Q You thought it was a bad idea to reach out to Bruce Swartz?

A No. I thought the idea of the Americans asking the Ukrainians to investigate a violation of Ukrainian law was a bad idea.

Q Okay

A But Kurt, for some reason, wanted to pursue that. And when he volunteered to take that question to Bruce Swartz, that was fine with me.

Q Okay. I mean, is it possible that Swartz’s feedback on that issue would have been compelling to the group? Like, why didn’t anyone fo1low up with Swartz?

A No idea.

State’s Special Adviser for Ukraine Catherine Croft, in attempt to distance herself from any role in pushing investigations, seems to have filled in a key detail here. Or perhaps created a huge void. She says she did reach out to Swartz. She doesn’t know whether he and Volker connected, but doesn’t think so.

But she thinks that Volker didn’t really want to talk to Swartz.

He wanted to speak with Bill Barr.

A No. No. I had no involvement in anything related to — the one exception is, I did send one email to Bruce Swartz at DOJ relaying Ambassador Volker’s request for a meeting with the Attorney General.

Q Okay.

A And when asked what the topic was, I said 2016 elections.

Q Okay.

A But that’s where my involvement in that ended. I just related that, and then I understood those two to be in contact.

Q Do you know if Ambassador Volker had tried to call Bruce Swartz?

A I believe he did.

Q And do you know if Bruce Swartz replied?

A I don’t know.

Q And he instructed you to email Bruce Swartz to see about the viability of Ambassador Volker meeting with the Attorney General?

A He just sort of gave me a vague direction to get him a meeting with the Attorney General, so that was my job.

Q 0kay. So you emailed Bruce Swartz?

A Yes.

Q Did you call Bruce Swartz?

A No, I don’t think so. I think I just — I think I just emailed him.

Q Did he email you back?

A Yes. And then I put him in touch with Kurt and then I was out of the —

Q You put him in touch with who?

A With Ambassador Volker.

Q And did they having a meeting?

A I don’t know.

Q So you don’t know —

A I don’t think so. I don’t think. But not that I’m aware of. [my emphasis]

This should raise all sorts of questions. Because if Volker — by whatever means — bypassed Swartz and instead made the request of Barr, then it would make Barr (yet again) more central to this story. And it might explain how all his narrow denials (he never spoke to Ukraine directly, he never made a request of Ukraine directly, but nevertheless some Ukrainian “volunteers” bearing “evidence” did get to John Durham can be true.

Moreover, it would be consistent with what Barr was doing in the same time period, flying around the world asking foreign countries to invent dirt on Democrats.

There’s a reason this request never got to Bruce Swartz. And that goes to the core of the impropriety of this ask.

And there’s an enormous irony (or one might say, a hypocrisy) about this.

Along the frothy right’s complaints about the contacts that Russian organized crime expert Christopher Steele had with organized crime experts at DOJ like Bruce Ohr, they’ve also complained that Ohr passed Steele’s information (almost certainly pertaining to Paul Manafort) onto other organized crime experts.

Including Bruce Swartz. Here’s John Solomon’s version. Kimberley Strassel’s. Sara Carter’s. Mollie Hemingway’s. And Fox News.

In short, a key complaint about Christopher Steele’s sharing of information is that the ways it got shared at DOJ include the experts and official channels who should handle such things.

Precisely the opposite has occurred with Bill Barr’s witch hunt. And yet none of the frothy right are complaining that Bill Barr’s investigation doesn’t meet the standards that Christopher Steele’s did.