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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

March 29, 8:18AM: The call ends

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

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

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

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

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

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

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

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

Other

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

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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

YOVANOVITCH: Uh- huh.

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

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

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

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

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

Q And what was your reaction to that?

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

Q In what way?

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

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

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

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

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

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

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

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

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

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

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

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

On the Potential Viability of Foreign Agent Charges for Rudy Giuliani

Since the NYT revealed that SDNY is investigating Rudy Giuliani for what they call “lobbying” laws,

Mr. Lutsenko initially asked Mr. Giuliani to represent him, according to the former mayor, who said he declined because it would have posed a conflict with his work for the president. Instead, Mr. Giuliani said, he interviewed Mr. Lutsenko for hours, then had one of his employees — a “professional investigator who works for my company” — write memos detailing the Ukrainian prosecutors’ claims about Ms. Yovanovitch, Mr. Biden and others.

Mr. Giuliani said he provided those memos to Secretary of State Mike Pompeo this year and was told that the State Department passed the memos to the F.B.I. He did not say who told him.

Mr. Giuliani said he also gave the memos to the columnist, John Solomon, who worked at the time for The Hill newspaper and published articles and videos critical of Ms. Yovanovitch, the Bidens and other Trump targets. It was unclear to what degree Mr. Giuliani’s memos served as fodder for Mr. Solomon, who independently interviewed Mr. Lutsenko and other sources.

Mr. Solomon did not immediately respond to a request for comment.

The lobbying disclosure law contains an exemption for legal work, and Mr. Giuliani said his efforts to unearth information and push both for investigations in Ukraine and for news coverage of his findings originated with his defense of Mr. Trump in the special counsel’s investigation.

He acknowledged that his work morphed into a more general dragnet for dirt on Mr. Trump’s targets but said that it was difficult to separate those lines of inquiry from his original mission of discrediting the origins of the special counsel’s investigation.

Mr. Giuliani said Mr. Lutsenko never specifically asked him to try to force Ms. Yovanovitch’s recall, saying he concluded himself that Mr. Lutsenko probably wanted her fired because he had complained that she was stifling his investigations.

“He didn’t say to me, ‘I came here to get Yovanovitch fired.’ He came here because he said he had been trying to transmit this information to your government for the past year, and had been unable to do it,” Mr. Giuliani said of his meeting in New York with Mr. Lutsenko. “I transmitted the information to the right people.”

And since the WSJ reported that Pete Sessions — named as Congressman 1 in the Lev Parnas/Igor Fruman indictment — was cooperating with a grand jury subpoena targeting Rudy,

A grand jury has issued a subpoena related to Manhattan federal prosecutors’ investigation into Rudy Giuliani, seeking documents from former Rep. Pete Sessions about his dealings with President Trump’s personal lawyer and associates, according to people familiar with the matter.

The subpoena seeks documents related to Mr. Giuliani’s business dealings with Ukraine and his involvement in efforts to oust the U.S. ambassador in Kyiv, as well as any interactions between Mr. Sessions, Mr. Giuliani and four men who were indicted last week on campaign-finance and conspiracy accounts, the people said.

Mr. Sessions’ knowledge of Mr. Giuliani’s dealings is a primary focus of the subpoena, the people said.

There has been a closer review of whether it would be possible to indict the President’s personal lawyer under foreign agent laws, with broad consensus that what Rudy is doing is actually covered by FARA — and not just his work for Ukraine, but also (among other places) for Turkey.

But there have been a number of claims that, I think, have been too pat about how easy or hard this is going to be.

Greg Craig, Tony Podesta, Vin Weber, and Bijan Kian are not apt precedents

First, a number of people have looked at how SDNY considered — but did not charge — Greg Craig, Tony Podesta, and Vin Weber under FARA, suggesting the same considerations would hold true with Rudy. Others have looked at Greg Craig (who was prosecuted but acquitted in DC for FARA after SDNY decided not to charge it) and Bijan Kian (who was convicted but then had his conviction thrown out by Judge Anthony Trenga based on the legal theory DOJ used) to suggest these cases are too difficult to charge to get Rudy.

It is absolutely the case that when powerful men with skilled lawyers have been pursued under FARA in recent years, DOJ has succeeded not in trial, but instead has gotten either plea deals or failed at trial (and that may have been one of the facts behind Mueller’s decision to strike a plea deal with Paul Manafort). That is sound evidence that SDNY is no doubt aware of.

But several things distinguish Rudy.

Most notably, all of those earlier cases came before DOJ’s newfound commitment to prosecuting FARA, with Mike Flynn prosecutor Brandon Van Grack taking over where a woman named Heather Hunt had been in charge before. At a minimum, that means a process that originally took place with Craig, Podesta, Weber, and Kian under an assumption that FARA would be treated solely as a registration issue may now be taking place under an assumption that violations of FARA — presumably to include both a failure to register and (what most charges have been so far) false statements under registration — can be prosecuted. That assumption would dramatically change the attention with which DOJ would document their communications, so prosecutors would not now be stuck going to trial (as Craig’s prosecutors were) without having DOJ’s documentation of a key meeting.

Notably, the same thing that triggered the FARA prosecution of Mike Flynn — concerns raised by Congress — happened last year when seven Democratic Senators wrote National Security Division head John Demers asking for a review. So there may well be documentation of Rudy’s claims about whether he does or does not need to register that SDNY is building a prosecution around.

Plus, one thing clearly distinguishes Rudy from all these other men. Rudy is not taking this investigation seriously, and does not have a lawyer reviewing his exposure. From reports, he may not have the ready cash to pay the likes of Rob Kelner (Flynn’s original, very competent, lawyer) or Robert Trout (Kian’s excellent lawyer). So he may be doing things now (not least, running his mouth on TV and making public statements about who he works for and how it gets paid) that put him at greater exposure.

Rudy G’s efforts to implicate State and DOJ (and the President) in his work

That said, another thing distinguishes Rudy from these past cases. Since the whistleblower complaint got made public, he has spent most of his time insisting that everything he did, he did with the awareness and involvement of — at least — the State Department. And in Trump’s July 25 call to Volodymyr Zelensky, he invoked Bill Barr’s name right alongside his nominal defense attorney.

Both foreign agent statutes (FARA — the one being discussed for Rudy, and 18 USC 951 — another one, with more flexibility, that Kian was charged under) require registration with the Attorney General. And while telling foreigners you’re negotiating with that the Attorney General will be by soon to pick up the disinformation demanded does not fulfill the requirements for registry (in part, the point of registering is to provide a paper trail so the public can track who is paying for what), it does change things that Rudy is suggesting that his work has the imprimatur of official policy to it.

That said, the assumption that implicating powerful government figures will keep you safe is a dangerous proposition. If the easiest way to end the Ukraine inquiry is to blame Rudy for it all (and if that’s still possible after several weeks of damning testimony), that may well come to pass.

And if Bill Barr needs to greenlight a FARA prosecution of Rudy as a way to minimize the damage to the Administration, and to himself, he may well do that (yet another reason why he should have recused long ago).

That’s all the more true given that most of Trump’s aides seem to recognize how damaging Rudy is for Trump’s exposure. If Trump won’t separate himself from Rudy, his lackeys might one day decide, then separate Rudy from Trump by prosecuting him, the same way they separated Michael Cohen from Trump.

That said, with Trump, loyalty is always transactional. And if he believes Rudy has dirt that can bring him down — and given the likelihood some of what Rudy is doing is the continuation of what Paul Manafort had been doing since August 2, 2016, that may be true — then Trump will defend Rudy’s work even if it means claiming everything he did operated under Article II authority.

The additional factor: ConFraudUs

The discussions about Rudy’s exposure under FARA, however, seem not to have considered another factor: that Lev Parnas and Igor Fruman have already been charged with conspiracy in conjunction with actions Rudy had a key role in. The Ukrainian grifter indictment charges them with two counts of Conspiracy to Defraud the US for hiding what money was behind their influence campaign on Ukraine (count 1) and Nevada marijuana (count 4), as well as False Statements to the FEC (count 2) and falsification of records (count 3) tied to the Ukraine influence operation. Counts 1-3 all pertain to the Ukrainian grifters laundering of campaign funds through Global Energy Producers, a front that (SDNY alleges) they falsely claimed was “a real business enterprise funded with substantial bona fide capital investment,” the major purpose of which “is energy trading, not political activity.” Those funds went, among other places, to the Trump related Super PAC America First Action and to Congressman Sessions.

Rudy has equivocated about his relationship to the Ukrainian grifters (and claims it goes through Fraud Guarantee, not GEP). But John Dowd, writing as the grifters’ lawyer, already stated for the record that he does have ties and those ties relate to his representation of the President. That is, the grifters are working for him, even while he works for them.

That’s important because Sessions’ statements have denied any official action in response to meetings with the grifters, but he also had meetings with Rudy in the time period, official action in response to which he has not denied. In addition, Rudy (whom Sessions says he has been friends with for three decades) also headlined a fundraiser for Sessions. And on top of the straw donations the grifters gave Sessions directly, America First Action gave Sessions far more to him, $3 million, the indictment notes twice.

In other words, while Sessions has denied doing anything in response to the grifters’ meetings, he has not denied doing anything in response to Rudy’s communications with him. If he sent his letter calling for the ouster of Marie Yovanovitch in response to a request from Rudy — whose finances are inextricably tied to the grifters — then it may be fairly easy to add him to the conspiracy the (successful) object of which was to get Yovanovitch fired. The propaganda Rudy sent (as laid out by NYT, and which the State IG already sent to the FBI earlier this year) would then simply be part of the conspiracy.

A few more points. There’s a passage of the indictment included to substantiate the allegation that the grifters were affirmatively trying to hide their purpose.

Indeed, when media reports about the GEP contributions first surfaced, an individual working with PARNAS remarked, “[t]his is what happens when you become visible … the buzzards descend,” to which PARNAS responded, “[t]hat’s why we need to stay under the radar…”

The indictment doesn’t disclose a number of details about this communication: who the interlocutor is, how it was collected, and whether it involved a mere warrant (for stored communications such as email or texts) or a wiretap. But particularly given the seeming overlap between these activities and those of people we know were surveilled during the period in question, it’s a pregnant inclusion in the indictment. It suggests the Feds may already be privy to far more about this scheme and the reasons the grifters might want it suppressed. Add that to the fact that, as WSJ reported, the Feds already have Rudy’s bank records, which will show whether he really worked for Fraud Guarantee or whether that, like GEP, is just a front.

Cui bono

Finally, consider this. The indictment says that the grifters were pushing to oust Yovanovitch to benefit  particular unnamed Ukrainians’ interests.

[T]hese contributions were made for the purpose of gaining influence with politicians so as to advance their own personal financial interests and the political interests of Ukrainian government officials, including at least one Ukrainian government official with whom they were working.

[snip]

At and around the time PARNAS and FRUMAN committed to raising those funds for [Sessions], PARNAS met with [SESSIONS] and sought [his] assistance in causing the U.S. Government to remove or recall [Yovanovitch]. PARNAS’s efforts to remove the Ambassador were conducted, at least in part, at the request of one or more Ukrainian government officials.

According to NBC, the Ukrainian in question was Yurii Lutsenko. But Lutsenko has since been ousted, and he has reneged on statements elicited by Rudy implicating the Bidens. More importantly, one of the promises Zelensky made in his July 25 call to Trump was to put in his own prosecutor who would pursue the two investigations — to trump up a claim Ukraine was behind the election tampering in 2016, and to invent evidence against Hunter Biden — that Trump wanted.

The President: Good because I heard you had a prosecutor who was very good and he was shut down and that’s really unfair. A lot of people are talking about that, the way they shut your very good prosecutor down and you had some very bad people involved. Mr. Giuliani is a highly respected man. He was the mayor bf New York Ci:ty, a great mayor, and I would like him to call you. I will ask him to call you along with the Attorney General. Rudy very much knows what’s happening and he is a very capable guy. If you could speak to him that would be great. The former ambassador from the United States, the woman, was bad news and the people she was dealing with in the Ukraine were bad news so I just want to let you know that. The oteer thing, There’s a lot of talk about Biden’s son. that Biden stopped the prosecution and a lot of people want to find out about that so whatever you can do with the Attorney General would be great. Biden went around bragging that he stopped the prosecution so if you can look into it … It sounds horrible to me.

President Zelenskyy: I wanted to tell ·you about the prosecutor. First of all I understand arid I’m knowledgeable about the situation. Since we have won the absolute majority in our Parliament; the next prosecutor general will be 100% my person, my candidate, who will be approved, by the parliament and will start as a new prosecutor in September. He or she will look. into the situation, specifically to the company that you mentioned in this issue.

Which is what led to Lutsenko’s ouster.

Moreover, the prosecutor Biden shut down was not Lutsenko, but Viktor Shokin, who has written affidavits which then got fed to John Solomon on behalf of Dmitry Firtash, who is trying hard to avoid extradition (on bribery charges) to the US.

That — plus the financial and legal ties between Firtash and the grifters — suggests there may be other Ukrainians on whose behalf the grifters were working to get Yovanovitch withdrawn. Firtash is certainly one. A corrupt prosecutor with ties to Russian intelligence, Kostiantyn Kulyk, who had worked for all these guys — and who is behind a dossier on accusing Hunter Biden of corruption — may be another. That is, Yovanovitch may have been the impediment not to inventing dirt on the Bidens, which is a fairly easy ask, but instead on creating the pre-conditions for people like Firtash to go free (which would also explain the natural gas angle).

All of which is to say that it would be a fairly trivial matter to establish the evidence to charge Rudy in ConFraudUs along with the Ukrainian grifters, as SDNY already has a lot of the evidence it would need.

Yes, Rudy Giuliani is, by all appearances, in blatant violation of FARA. Yes, he may get away with that, in part because DOJ hasn’t yet figured out hard to charge it consistently (though knows what not to do given recent history), and in part because he has made sure to implicate Trump and his cabinet officials.

But there’s a larger question about whether those same financial ties expose Rudy for much uglier conspiracy charges.

The Press Cannot Let Trump Pretend He Gives a Shit about Corruption

I’ve been on an epic road trip with June Bug the Terrorist Foster Dog and my brother (and will be for another week or so); right now I’m sitting in bmaz’s house with JB. So I haven’t followed the story about Trump’s effort to get Ukraine to invent dirt on Joe Biden as closely as I otherwise might have. But one thing is crystal clear: the press is giving Trump way too much room to claim his actions were driven by a concern about corruption, which is how Trump has been trying to justify this rather than deny it.

It’s very important to talk about corruption. If you don’t talk about corruption, why would you give money to a country that you think is corrupt?…It’s very important that on occasion you speak to somebody about corruption.

Every single report about this should start with a list of things Trump is doing to cover up his own corruption, starting with his numerous lawsuits to try to prevent anyone from reviewing his tax returns and his systematic effort to profit from the presidency.

If Trump claims it’s important to “speak to somebody about corruption,” that conversation should start with full transparency on his own corruption, and there should be no focus on his allegations about Hunter Biden until he has come clean.