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Trump Transition Team Outraged To Be Treated as Transition Team!!

Both Fox News and Axios have pieces reflecting the outrage!!! among Trump people that they got asked questions about emails they thought they had hidden from Mueller’s investigation. Axios reveals that Mueller obtained the full contents of 12 accounts, one including 7,000 emails, from people on the “political leadership” and “foreign-policy team.”

Fox reveals that a transition lawyer wrote Congress today claiming that it was unlawful for government employees to turn over emails hosted on government servers for a criminal investigation.

A lawyer for the Trump presidential transition team is accusing Special Counsel Robert Mueller’s office of inappropriately obtaining transition documents as part of its Russia probe, including confidential attorney-client communications and privileged communications.

In a letter obtained by Fox News and sent to House and Senate committees on Saturday, the transition team’s attorney alleges “unlawful conduct” by the career staff at the General Services Administration in handing over transition documents to the special counsel’s office.

Officials familiar with the case argue Mueller could have a problem relating to the 4th Amendment – which protects against unreasonable searches and seizures.

Kory Langhofer, the counsel to Trump for America, wrote in the letter that the the GSA “did not own or control the records in question.”

But, Langhofer says, Mueller’s team has “extensively used the materials in question, including portions that are susceptible to claims of privilege.”

And Axios explains that the Trump people actually sorted through this stuff. “The sources say that transition officials assumed that Mueller would come calling, and had sifted through the emails and separated the ones they considered privileged.”

I’m really looking forward to hearing the full story about this, rather than just this partisan spin. For example, I’m interested in whether Mueller realized via some means (perhaps from someone like Reince Priebus or Sean Spicer) that the White House had withheld stuff that was clearly responsive to his requests, so he used that to ask GSA to turn over the full set.

I’m also interested in how they’ll claim any of this was privileged. The top 12 political and foreign policy people on the Trump team might include:

  1. Pence
  2. Bannon
  3. Jared
  4. Flynn
  5. KT McFarland
  6. Spicer
  7. Priebus
  8. Nunes
  9. Sessions
  10. Seb Gorka
  11. Stephen Miller
  12. Hope Hicks
  13. Ivanka
  14. Don Jr

Just one of those people — Sessions — is a practicing lawyer, and he wasn’t playing a legal role in the transition (though both Sessions and Nunes may have been using their congressional email, in which case Mueller likely would show far more deference). Though I suppose they might have been talking with a lawyer.

Furthermore, Trump wasn’t President yet! This has come up repeatedly in congressional hearings. You don’t get privilege until after you’re president, in part to prevent you from doing things like — say — undermining existing foreign policy efforts. So even if these people were repeating things Trump said, it wouldn’t be entitled to privilege yet.

Finally, consider that some of these people were testifying to the grand jury months and months ago. But we’re only seeing this complaint today. That’s probably true for two reasons. One, because Mueller used the emails in question (most notably, the emails between McFarland and Flynn from December 29 where they discussed Russian sanctions) to obtain a guilty plea from Flynn. And, second, because Republicans are pushing to get Trump to fire Mueller.

Update: I’ve added Pence, Don Jr., Ivanka, and Hope Hicks back in here.

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including Vice, Motherboard, the Nation, the Atlantic, Al Jazeera, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse in Grand Rapids, MI.

Poot and POTUS Plan to Move Beyond the Mueller Investigation

I think people are misunderstanding something that happened the other day when Trump called Vladimir Putin. As the press reports, Trump initiated the call. The remarkably brief readout from the White House makes it clear Trump called to thank Putin for saying nice things about the economy (many have taken that as Trump’s declaration that he values such flattery, which is no doubt true, but Trump didn’t write the readout).

President Donald J. Trump spoke with President Vladimir Putin of Russia today.  President Trump thanked President Putin for acknowledging America’s strong economic performance in his annual press conference.

The two presidents also discussed working together to resolve the very dangerous situation in North Korea.

The even briefer formal readout from the Russian side (and this is unusual for them) said only,

Vladimir Putin had a telephone conversation with US President Donald Trump at the initiative of the American side.

Though reports state that the Kremlin said the men also discussed US-Russian ties.

The Kremlin said Thursday the two men discussed US-Russia ties and increasing tensions on the Korean peninsula, an issue that Putin chastised the United States for in earlier comments.

Other reports note that HR McMaster did not participate in the call.

The leaders talked for about 10 minutes, and national security adviser H.R. McMaster didn’t participate in the call, a White House official said.

So Trump saw reports that Putin mentioned him in his annual press conference, and called him up to comment about it, without an adult present.

Of course (as Politico notes but doesn’t focus on), Putin’s reference to Trump’s alleged success with the economy isn’t the most pointed thing he said in his press conference. Here’s the full exchange between ABC’s Terry Moran and Putin.

Terry Moran: Thank you, Mr President. Terry Moran with ABC News.

First, in the United States investigations by Congress, the Department of Justice and the media have uncovered a very large number of contacts between Russian citizens associated with your government and high officials of the Trump campaign. And some of those officials are now being prosecuted for lying about those contacts. All this is not normal. And many Americans are saying where there is that much smoke there must be fire. How would you explain to Americans the sheer number of contact between the Trump campaign and your government?

And second, if I may. It has almost been a year since Donald Trump has been elected president. You praised Donald Trump during the campaign. What is your assessment of Donald Trump as president after one year? Spasibo.

Vladimir Putin: Let us begin with the second part of your question. It is not for me to evaluate Donald Trump’s work. This should be done by his electorate, the American people. But we do see some major achievements, even over the short period he has been in office. Look at the markets, which have grown. This is evidence of investors’ trust in the US economy. This means they trust what President Trump is doing in this area. With all due respect to President Trump’s opposition in the United States, these are objective factors.

There are also things he would probably like to do but has not been able to do so far, such as a healthcare reform and several other areas. By the way, he said his intentions in foreign policy included improving relations with Russia. It is clear that he has been unable to do this because of the obvious constraints, even if he wanted to. In fact, I do not know if he still wants to or has exhausted the desire to do this; you should ask him. I hope that he does and that we will eventually normalise our relations to the benefit of the American and Russian people, and that we will continue to develop and will overcome the common and well-known threats, such as terrorism, environmental problems, weapons of mass destruction, crises around the world, including in the Middle East, the North Korean problem, etc. There are many things we can do much more effectively together in the interests of our people than we are doing them now. Actually, we can do everything more effectively together.

Terry Moran: How would you explain the connection between the government, your government, and the Trump campaign? How would you explain it to Americans?

Vladimir Putin(In English.) I see, I see. (In Russian.) You know that all this was invented by the people who stand in opposition to Mr Trump to present his work as illegitimate. It seems strange to me, and I mean it, that the people who are doing this do not seem to realise that they are damaging the internal political climate in the country, that they are decimating the possibilities of the elected head of state. This means that they do not respect the people who voted for him.

How do you see any election process worldwide? Do we need to ban any contacts at all? Our ambassador has been accused of meeting with someone. But this is standard international practice when a diplomatic representative and even Government members meet with all the candidates, their teams, when they discuss various issues and development prospects, when they want to understand what certain people will do after assuming power and how to respond to this. What kind of extraordinary things did anyone see in this? And why should all this take on the nature of spy mania?

You have watched the investigation on social media. The share of Russian corporate advertising makes up less than 0.01 percent, with that of American companies totaling 100, 200 and 300 percent. It is simply incomparable. But, for some reason, even this is seen as excessive. This is some kind of gibberish.

The same can be said about the situation with our media outlets, including RT and Sputnik. But their share in the overall information volume is negligible, as compared to the share of global US media outlets all over the world and in Russia. And this is seen as a threat. Then what about freedom of the media? This is actually a cornerstone, on which American democracy itself is based.

All of us should realise that someone succeeds and someone does not. We need to draw conclusions from this and move on, instead of pouncing on one another like animals. We need to think about this and draw conclusions.

Moran starts by noting that Trump’s people are now being prosecuted for lying about contacts with Russians, and asks why there were so many contacts. He then invites Putin to comment on Trump’s success.

Putin responds by saying it’s not his place to evaluate Trump’s success (elsewhere in the press conference Putin made grand show of respecting Russia’s democracy, too), but then goes ahead and does so, claiming that the economy is an “objective” success of Trump’s.

Moran has to prod him to get a direct answer on the second point. Putin repeats a Republican talking point — that the investigation “was invented by the people who stand in opposition to Mr Trump to present his work as illegitimate” — and complains about this “spy mania.” But then he doesn’t address the allegations that Russian spies were cozying up to Trump’s officials, not just its ambassador; he instead focuses on the social media investigation (and rightly points out that Russian social media had just a fraction of the impact of equally problematic right wing social media manipulation).

It’s the middle bit — what might have been Putin’s first response to Moran’s question about the investigation — that I suspect elicited Trump’s call to Putin.

I do not know if he still wants to or has exhausted the desire to do this; you should ask him. I hope that he does and that we will eventually normalise our relations to the benefit of the American and Russian people.

Having gotten Trump’s attention with a bullshit compliment, Putin then asked, “do you still want to go steady?”

Putin’s question — do you still want to normalize relations — came against the background of increasing Russian challenges in Syria, the theater where, even according to Jared Kushner’s public comments, the Russia-Trump cooperation was supposed to first bear fruit.

“On Dec. 13, two Russian Su-25s flew into coordinated coalition airspace on the east side of the Euphrates River near Abu Kamal, Syria,” the spokesman said, “and were promptly intercepted by two F-22A Raptors providing air cover for partner ground forces conducting operations to defeat ISIS.”

The U.S. jets used chaff, flares, and other maneuvers to “persuade the Su-25s to depart,” said the spokesman, and also made repeated calls on N emergency channel to the Russian pilots. Coalition leaders also contacted Russians on the ground along the deconfliction line. After 40 minutes, the Russians flew back to the west side of the Euphrates.

The U.S. and Russia verbally agreed in early November that Russian aircraft would stay west of the Euphrates and American jets would stay east. According to the spokesman, since the Russians are now crossing the river six to eight times a day, “it’s become increasingly tough for our pilots to discern whether Russian pilots’ actions are deliberate or if these are just honest mistakes.”

“Are you still interested,” Putin asked, while making it clear Russia could make Trump’s life far more difficult that it is currently doing.

And Trump got on the phone and said … we don’t know what he said, but we can sure guess.

In the wake of it, Trump’s team leaked details of their request to meet with Robert Mueller next week to find out whether the probe will, as Ty Cobb has absurdly been claiming for some time, be drawing to a close.

President Donald Trump’s private lawyers are slated to meet with special counsel Robert Mueller and members of his team as soon as next week for what the President’s team considers an opportunity to gain a clearer understanding of the next steps in Mueller’s probe, according to sources familiar with the matter.

While the lawyers have met with Mueller’s team before and might again, the sources believe the upcoming meeting has greater significance because it comes after the completion of interviews of White House personnel requested by the special counsel and after all requested documents have been turned over. Mueller could still request more documents and additional interviews. No request to interview the President or the vice president has been made, sources tell CNN.

But Trump’s team, led by John Dowd and Jay Sekulow, is hoping for signs that Mueller’s investigation is nearing its end, or at least the part having to do with the President. Their goal is to help Trump begin to emerge from the cloud of the ongoing investigation, several of the sources explained. The sources acknowledge that Mueller is under no obligation to provide any information and concede they may walk away with no greater clarity.

If such a meeting does occur, it will come amid the rumors that Trump plans to fire Mueller. Either Mueller finishes up and gives Trump an all clear, and soon, the message seems to be, or Trump will ensure Mueller can’t report the opposite.

Putin wants to get on with things, with making good on his investment in Donald Trump. And in response to that message, Trump made moves towards trying to end the investigation that would show such a plan would be the quid pro quo for Putin’s help getting Trump elected.

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including Vice, Motherboard, the Nation, the Atlantic, Al Jazeera, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse in Grand Rapids, MI.

The Many Gaps and Inconsistencies in Natalia Veselnitskaya’s Story, Starting with Ike

In this post, I laid out the latest attempt from one-time Trump and current Aras Agalarov lawyer Scott Balber to craft an unincriminating story for the June 9 Trump Tower meeting. In general, Balber has gone to great lengths to provide innocent explanations for digital tracks suggesting the meeting was incriminating, and especially to deny that Agalarov — who orchestrated the meeting — had any direction from Putin.

In this post, I’m going to look at what Natalia Veselnitskaya (who, as I’ve noted, met with Balber sometime before October, which is where the documents she admits to first got introduced to the public) wrote in her statement to Chuck Grassley back in November, because she makes some really interesting dodges.

To start with, Veselnitskaya defines certain things so as to be able to deny certain relationships.

First, she distinguishes between Glenn Simpson and Fusion, admitting to a relationship with the former but not the latter.

I did not work with Fusion GPS, I know Glenn R. Simpson, whom since 2014 I have viewed as an individual investigator-analyst, a former investigative journalist with a long record of service and experience gained by a team of lawyers for point tasks that arose in connection with the preparation for trials, interrogations under case 13-civ-06326 the United States of America v. Prevezon Holdings Ltd. et al., initiated by Browder through the US Attorney’s Office with reference to my client. In my perception, it was Glenn R. Simpson who worked on the Prevezon Case, as to in what capacity – either as an individual or as a company – it was of no interest to me. I do not have any documents as to Fusion GPS.

[snip]

Glenn Simpson was hired by lawyers from Baker Hostetler, as well as other people who worked on the case. Some of them I have never even met. I used to receive reports from Glenn Simpson – CC-ed on all the lawyers working on the case.

[snip]

I didn’t work with Fusion GPS. In my study, analysis and documents I partly used the information obtained in December 2014 from Glenn Simpson within the scope of his services on legal research of Browder’s corporate relations, and his links to the United States, to serve a subpoena on him.

Importantly, she denies a claim made by Fox to have met with Simpson before and after the June 9 meeting.

So, on June 8, in the evening, I arrived in New York. On June 9, I attended the second district court hearing on Browder’s complaint and worked on some other issues. On June 10, I went to Washington to coordinate our position with our key lawyer in Washington.

[snip]

No, there had been no contacts with him on specified dates. Last week Fox News 38 referring to a confidential source reported that I met with Glenn Simpson before and after the meeting with Trump’s son, and that “but hours before the Trump Tower meeting on June 9, 2016, Fusion co-founder and ex-Wall Street Journal reporter Glenn Simpson was with Veselnitskaya in a Manhattan federal courtroom, in a hearing on the DOJ’s claim against Prevezon Holdings, a Cyprus company owned by a Russian businessman Denis Katsyv.” This statement does not reflect the reality.

[snip]

I met Glenn Simpson on the as-needed basis, as well as whenever he came to the office to see the lawyers.

The distinction may have the primary function of divorcing her relationship with (and the presence at the meeting of) Rinat Akhmetshin from Fusion and the Christopher Steele dossier. She claims that Akhmetshin’s presence at the meeting was tied to his role in an anti-Magnitsky NGO, with no involvement of Prevezon attorneys Baker Hostetler.

If the question is how he was introduced at the meeting on June 9, then as a consultant of the Human Rights Fund for relations with Congress.

This seems inconsistent with her reference to his having an NDA with her — who is the NDA with?

Most incredibly, Veselnitskaya distinguishes between meeting with Don Jr — a friend of a friend, she explains it as — and the Trump campaign.

Meeting on June 9, 2016, was not a “meeting with the Trump campaign”. My understanding is, this was to have been a private meeting with Donald Trump, Jr., – a friend of my good acquaintance’s son on the matter of assisting me or my colleagues in informing the Congress members as to the criminal nature of manipulation and interference with the legislative activities of the US Congress.

[snip]

No [she did not have advance knowledge of the other attendees], except for those people who had come with me and the person I was going to (Trump, Jr.), I did not have the slightest idea that someone else would be present at the meeting.

[snip]

No. I did not meet with the “Trump campaign”. At the meeting with Donald Trump, Jr. I had a reference in my own handwriting (see Exhibit 1.1), which I was ready to leave to Mr. Trump, Jr., should he need it. But to offer or provide this information was pointless, because as I understood during the meeting, Mr. Trump, Jr. was not at all aware of my request and could not help me at all.

Having done that, Veselnitskaya is in a position to deny knowing certain things: any involvement in tampering with the election and any tie to the Fusion dossier.

The additions she makes to three responses reinforce this focus. First, when asked whether she has any information on the Russian influence operation, to which she says, “Nor do I know anyone who would be in possession of such documents or knew about something like that.” She also doesn’t know who in the Russian government would know of her involvement. “Not that I know about. If so, who? Why were they briefed? What was their role?” And whether she knows Christopher Steele, to which she responds, “I do not know Christopher Steele. I first heard of him from US media.”

With that frame, here’s how Veselnitskaya explains the genesis of her meeting.

I had never asked anyone for a meeting with the Trump team.

Nor did I ask to organize namely a meeting with Donald Trump, Jr., it was enough for me to hand over a reference outlining the request (see Exhibit 1.1). Around the end of May 2016, during a conversation with a good acquaintance of mine, being my client, Aras Agalarov on a topic that was not related to the United States, I shared the story faced when defending another client, Denis Katsyv, about how terribly misled the US Congress had been by the tax defrauder William Browder, convicted in Russia, who, through his lobbyists and his close-minded rank-and-file Congress staffers, succeeded in adopting the Act in the name of a person whom Browder practically hardly ever knew.

I considered it my duty to inform the Congress people about it and asked Mr. Agalarov if there was any possibility of helping me or my colleagues to do this. I do not remember who of us was struck by the idea that maybe his son could talk about this with Donald Trump, Jr., who, although a businessman, was sure to have some acquaintances among Congress people. After my conversation with Mr. Agalarov, I prepared a reference in case it would be necessary to hand over the request – to support the hearings in the Subcommittee in the US House Committee on Foreign Affairs as to the Magnitsky’s and Browder’s story, scheduled for mid-June. I was ready to hand over the reference, talk on the phone, or meet personally.

Note, later in her answers, she claims to guard client confidentiality closely, even beyond things covered by privilege. But here, she claims to have discussed Katsyv’s plight with Agalarov.

And even though Aras Agalarov was crucial to organizing this meeting, Veselnitskaya claims to have no knowledge of any other involvement he had (which is something Balber has been trying to reinforce throughout).

All I know is that Aras Agalarov asked his son Emin Agalarov to enquire if Donald Trump, Jr. could help with my request. I am not aware of any further actions of Emin.

In the passage above, note how she obscures whether the Magnitsky/Ziff document released publicly (a report Putin parroted on October 19) got written in advance for the meeting or to lobby Congress with. Curiously, in this day of digital creation, she claims she doesn’t know precisely what day she drafted it (even thought the publicly released copy is dated May 31 on the Russian version).

A note about the meeting that I prepared in Moscow on or about May 31, 2016 for its possible handover to any interested party

That claim is critical given that — in a previous Scott Balber installment — the preexistence of this document involved an exchange between Veselnitskaya and the Prosecutor General, Yuri Chaika, offered up to explain why Rob Goldstone told Don Jr she had a tie to the Crown Prosecutor. She denies he had any involvement in the meeting and in he descriptions of involvement with him doesn’t describe the report.

I have no relationship with Mr. Chaika, his representatives, and institutions, other than those related to my professional functions of a lawyer. As a lawyer of Denis Katsyv, since 2013 I have sent several appeals to the Russian Federation General Prosecutor’s Office requesting documents within my legal powers, and also filed applications to verify the information about Mr. Browder’s activities in Russia that resulted in the wrongful seizure of my client’s assets in the USA and Switzerland, received answers, analyzed them and addressed them anew, should I be refused answers or provision of documents – I appealed to the court.

That’s important because she can offer no explanation for the reference, in Rob Goldstone’s email to Don Jr, to the Crown Prosecutor.

I do not know what Mr. Goldstone was talking about. Given what I know, I can assume that Mr. Agalarov might tell him a little about me, mentioning that I had previously worked in the prosecutor’s office, and the information I wanted to tell in the US Congress had also been reported by me before to the General Prosecutor’s Office of Russia and it was confirmed there. Having compiled this, the musical producer (as I learnt more than a year later) could either confuse everything, or intentionally make everything look intriguing so that the meeting could take place.

Another timing detail, Veselnitskaya denies remembering when she learned the meeting for which she claims to have made handouts would be a meeting, though she claims it was after she arrived in the US.

I do not remember from whom and at what time I first heard that I could personally express my request (see Exhibit 1.1) during at the meeting.

[snip]

I do not remember the moment when I first heard that I could personally make my request during a meeting. Nor do I exactly remember who told me about it. But upon arrival in New York in the evening of June 8, 2016, in my e-mail box I found a letter from a certain Goldstone, who notified me of the time and place of the meeting with Donald Trump, Jr. In this correspondence Aras Agalarov’s colleague, Irakli Kaveladze, who had been living in the United States for a long time and to whom I left my mail for contacts, was mentioned in the copy.

[snip]

I do not remember discussing it with anyone before I found out that there would be a meeting. This was an alternative way of communicating the request and I did not insist on a meeting. The day I was told that I would be met by Trump, Jr. (everything that I was able to restore in my memory, confirmed by mail from Goldstone – this could take place when I was already in New York), I informed Denis Katsyv about this.

This description raises real questions about Ike Kaveladze. Here’s the email Veselnitskaya said she received when she landed; note that, as publicly released, the reference to Kaveladze has been hidden, though it may be what the reference to “both” is. Note, the shift of the meeting from 3 to 4 is also not included in the email chain; Goldstone learned the change needed to be made by 10:34AM on June 8.

The apparently obscured reference to Kaveladze is particularly interesting given how she describes inviting Samochernov to attend as her translator on the morning of the meeting.

On the day of the meeting – June 9, I asked my interpreter – Anatoly Samochernov, and my colleague who had previously worked on the Prevezon Case – Rinat Akhmetshin, who was also a registered lobbyist for the Human Rights Accountability Global Initiative Foundation (HRAGI), and dealt with issues on behalf of the Foundation in the US Congress, which I planned to talk about at the meeting with Donald Trump, Jr. Both are US citizens. I informed Goldstone about them on June 9, which is confirmed by my correspondence.

Akhmetshin was reportedly in NYC for a theater production, but she apparently learned he’d be in town by 9:24.

Rinat Akhmetshin, who arrived that day in New York for an evening performance of Russian theatre stars.

Her description of Kaveladze’s role (remember, he’s represented by Balber) is particularly curious, in that she admits he was ostensibly there to serve as translator, which was unneeded since she had brought her own.

[She and Kaveladze] got acquainted first by phone when I was in Moscow. I met him personally first on June 9 shortly before the meeting.

[snip]

We had a phone call and met at a café, I do not remember where and at what café. I told him briefly what I knew about the Browder case, about the Ziffs and their possible support when lobbying his interests in the United States.

[snip]

I can suppose, he attended the meeting as a translator, however, as I was with a translator he was just sitting and listening.

The curious silences about Kaveladze are all the more interesting given that, unlike Veselnitskaya, he knew that Manafort and Kushner would be there and that dirt on Hillary would be dealt. And based on that description, he flew to NYC from LA.

Curiously, Veselnitskaya says neither Paul Manafort nor Jared Kushner were introduced at the meeting.

I came to the meeting with Anatoly Samochornov, a translator, Irakly Kaveladze, a lawyer of my client who helped to arrange for the meeting, Rinat Akhmetshin, my colleague who was working with me on the Prevezon case. We were met by a big, stout man who introduced himself as Rob and escorted us on the elevator to the boardroom. I saw two men in the boardroom – one of them introduced himself as Donald Trump Jr., while the other did not introduce himself. Another young man entered the boardroom a little later and left it shortly afterwards. I found out much later that the two unidentified gentlemen were P. Manafort and J. Kushner.

Laying all this out, it’s not so much that it doesn’t make sense (though there are clear gaps).

It’s that even with all of Scott Balber’s efforts, there’s still no explanation for why Kaveladze attended this meeting. Given Balber’s significant efforts to minimize Agalarov’s role in the meeting — and his denials that Agalarov might have ties directly to Putin — I find the failure to explain that notable.

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including Vice, Motherboard, the Nation, the Atlantic, Al Jazeera, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse in Grand Rapids, MI.

Scott Balber’s Sixth Attempt to Craft the June 9 Meeting Story

I’ve been tracking the considerable effort one-time Trump lawyer and current Agalarov lawyer Scott Balber has made to craft a legit story for the June 9 Trump Tower meeting. Heretofore, he has done so on five occasions:

  1. meeting between Rinat Akhmetshin and Ike Kaveladze (the latter of whom Balber represents as an employee of Agalarov) in Moscow in June 2017, just as Jared Kushner and Paul Manafort were both belatedly disclosing the meeting to various authorities; this story appears to have been an attempt to pre-empt the damage that would be done when Akhmetshin’s involvement became public
  2. Balber trip sometime before October to Russia to coordinate a story with and get documents from Natalia Veselnitskaya to back her version of the talking points she reportedly shared with Trump’s people
  3. Another October story, this “revealing” that Veselnitskaya’s research came from (or actually was shared with) Russian prosecutor Yuri Chaika, but insisting (per Balber) that Agalarov had no ties with the prosecutor
  4. Balber filling in a hole in the story for Goldstone: he told the Daily Beast that after his client Ike Kaveladze saw an email (from whom he doesn’t describe) indicating that Jared Kushner, Paul Manafort, and Don Jr would be at the meeting, he called a close associate of Goldstone’s (and a former employee of Balber’s client), Roman Beniaminov, to find out what the meeting was about. That’s the first he learned — at least as far as he told congressional investigators — that the meeting was about dealing “dirt” on Hillary.
  5. Balber insisting that Rob Goldstone’s email calling the news of the DNC hack and leak “eerie” “odd because hacking was never discussed in the meeting and it was not consistent with what was discussed.”

Number Six:

Balber’s back in this story, revealing that Rob Goldstone (who I believe had meetings with all major investigations in DC this week) offered to set up a meeting between Putin and Trump in July 2015. Balber insists that such a thing couldn’t really happen because his client can’t just set up meetings with Putin.

About a month after Donald Trump launched his presidential bid, a British music promoter suggested his Russian pop-star client could arrange for the new candidate to meet with Russian President Vladi­mir Putin, according to an email obtained by The Washington Post.

The July 2015 offer by publicist Rob Goldstone came about a year before he set up a meeting for Trump’s eldest son with a Russian lawyer who he said had incriminating information about Democratic candidate Hillary Clinton.

Goldstone’s overture came as he unsuccessfully urged Trump to travel to Moscow later that year to attend a birthday celebration for his client’s father.

“Maybe he would welcome a meeting with President Putin,” Goldstone wrote in a July 24, 2015, email to Trump’s longtime personal assistant, Rhona Graff. There is no indication Trump or his assistant followed up on Goldstone’s offer.

[snip]

Scott Balber, an attorney for the pop star, Emin Agalarov, said Agalarov asked Goldstone to invite Trump to his father’s party but was not aware that the publicist dangled the possibility of meeting with Putin.

“It is certainly not the case that Emin Agalarov can arrange a meeting with Vladi­mir Putin for anybody,” Balber said.

In case you haven’t figured out, I think this is all an elaborate cover story to obscure what actually went on in the meeting and what the understanding about it was. Now that Goldstone has testified, this may start to fall apart.

In fact, I’m going to try to finish my last piece of analysis on this, because it may start falling apart that quickly.

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including Vice, Motherboard, the Nation, the Atlantic, Al Jazeera, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse in Grand Rapids, MI.

The Unmasking Panic and the Flynn Plea

Yesterday, Eli Lake was the first person to confirm the identity of the “very senior” official who “directed FLYNN to contact officials from foreign governments, including Russia, to learn where each government stood on the resolution” condemning Israel’s illegal settlements.

At the time, the U.N. Security Council resolution on Israeli settlements was a big deal. Even though the Obama administration had less than a month left in office, the president instructed his ambassador to the United Nations to abstain from a resolution, breaking a precedent that went back to 1980 when it came to one-sided anti-Israel resolutions at the U.N.

This was the context of Kushner’s instruction to Flynn last December. One transition official at the time said Kushner called Flynn to tell him he needed to get every foreign minister or ambassador from a country on the U.N. Security Council to delay or vote against the resolution. Much of this appeared to be coordinated also with Israeli prime minister Benjamin Netanyahu, whose envoys shared their own intelligence about the Obama administration’s lobbying efforts to get member states to support the resolution with the Trump transition team.

Lake was also the reporter who got the earliest “scoops” on the unmasking panic earlier this year.

There’s a reason for that. They’re the same story.

In April, I laid out how Devin Nunes was at the center of both the January unmasking panic and the panic on behalf of a bunch of Republicans, during the Iran deal negotiations, who got their collusion with Bibi Netanyahu to kill the deal sucked up.

Throughout his ongoing information operation to claim the Obama White House spied on the Trump transition team, Devin Nunes has pointed to what he claimed was a precedent: when, in December 2015, members of Congress suddenly copped on that their conversations with Bibi Netanyahu would get picked up incidentally. In his March 22 press conference, he explained,

We went through this about a year and a half ago as it related to members of Congress, if you may remember there was a report I think it was in the Wall Street Journal and but then we had to have we had a whole series of hearings and then we had to have changes made to how Congress is informed if members of Congress are picked up in surveillance and this looks it’s like very similar to that.

Eli Lake dutifully repeated it in the second of his three-post series pitching Nunes’ information operation.

A precedent to what may have happened with the Trump transition involved the monitoring of Israel’s prime minister and other senior Israeli officials. The Wall Street Journal reported at the end of 2015 that members of Congress and American Jewish groups were caught up in this surveillance and that the reports were sent to the White House. This occurred during a bitter political fight over the Iran nuclear deal. In essence the Obama White House was learning about the strategy of its domestic political opposition through legal wiretaps of a foreign head of state and his aides.

But Lake didn’t apparently think through what the implications of Nunes’ analogy — or the differences between the two cases.

Here’s the WSJ report and CBS and WaPo versions that aren’t paywalled. All make it very clear that Devin Nunes took the lead in worrying about his conversations with Bibi Netanyahu being sucked up (I don’t remember Republicans being as sympathetic when Jane Harman got sucked up in a conversation with AIPAC).

It’s clear now that it’s all one panic.

The most public confirmed unmasking involved Susan Rice discovering that Sheikh Mohammed bin Zayed al-Nahyan had a secret meeting with Flynn, Kushner, and Bannon in NY.

Former national security adviser Susan Rice privately told House investigators that she unmasked the identities of senior Trump officials to understand why the crown prince of the United Arab Emirates was in New York late last year, multiple sources told CNN.

The New York meeting preceded a separate effort by the UAE to facilitate a back-channel communication between Russia and the incoming Trump White House.
The crown prince, Sheikh Mohammed bin Zayed al-Nahyan, arrived in New York last December in the transition period before Trump was sworn into office for a meeting with several top Trump officials, including Michael Flynn, the president’s son-in-law, Jared Kushner, and his top strategist Steve Bannon, sources said.

But we now know that there would be intercepts between Netanyahu and Kushner leading up to it.

I wouldn’t even be surprised if the Republicans are so certain they’ve been unmasked because Israel has their own way of discovering such things.

I’ve laid out how Jared Kushner’s “peace” “plan” really is just an attempt to remap the Middle East to the interests of Israel and Saudi Arabia, interests which require significantly more belligerence against Iran than Obama showed. The unmasked discussions would include the ones that preceded Kushner’s order to Flynn to try to undercut the resolution, as well as whatever else Kushner discussed with Netanyahu at the time.

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including Vice, Motherboard, the Nation, the Atlantic, Al Jazeera, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse in Grand Rapids, MI.

Next Stop: Jared

This morning at 8, I was on Democracy Now talking about how then reported and now completed Flynn plea agreement would focus attention directly on Jared.

Since then, Mike Flynn indeed pled guilty to one charge of false statements to the FBI about various conversations with Sergei Kislyak, promising he’d fully cooperate with Mueller’s inquiry. Reports describe that Flynn spoke with an unnamed senior advisor who was at Mar A Lago at the time about his December 29 conversations with Kislyak, which pertained to Russian sanctions. They also say Flynn will testify against Trump and members, plural, of his family, particularly regarding the orders he had to reach out to Russia.

The other lie charged about conversations with Kislyak involves a request that Russia try to delay or shut down a vote on condemning Israel’s illegal settlements.

That’s a key lie, because we know who was pushing that: Jared Kushner (though the court filing suggests it might be someone even more senior).

Robert Mueller’s investigators are asking questions about Jared Kushner’s interactions with foreign leaders during the presidential transition, including his involvement in a dispute at the United Nations in December, in a sign of the expansive nature of the special counsel’s probe of Russia’s alleged meddling in the election, according to people familiar with the matter.

The investigators have asked witnesses questions about the involvement of Mr. Kushner, President Donald Trump’s son-in-law and a senior White House adviser, in a controversy over a U.N. resolution passed Dec. 23, before Mr. Trump took office, that condemned Israel’s construction of settlements in disputed territories, these people said.

Israeli officials had asked the incoming Trump administration to intervene to help block it. Mr. Trump posted a Facebook message the day before the U.N. vote—after he had been elected but before he had assumed office—saying the resolution put the Israelis in a difficult position and should be vetoed.

[snip]

Israeli officials said at the time that they began reaching out to senior leaders in Mr. Trump’s transition team. Among those involved were Mr. Kushner and political strategist Stephen Bannon, according to people briefed on the exchanges.

So that second lie — and almost certainly the first — involves Kushner directing Flynn.

I noted yesterday CNN’s report that in the last few weeks — so during the window when Mueller was in close discussions about Flynn flipping — Mueller’s team interviewed Kushner asking if he had any exonerating information on Flynn.

Mueller’s team specifically asked Kushner about former national security advisor Michael Flynn, who is under investigation by the special counsel, two sources said. Flynn was the dominant topic of the conversation, one of the sources said.

[snip]

The conversation lasted less than 90 minutes, one person familiar with the meeting said, adding that Mueller’s team asked Kushner to clear up some questions he was asked by lawmakers and details that emerged through media reports. One source said the nature of this conversation was principally to make sure Kushner doesn’t have information that exonerates Flynn.

The meeting took place around the same time the special counsel asked witnesses about Kushner’s role in the firing of former FBI Director James Comey and his relationship with Flynn, these people said.

Mueller was, effectively, locking in Kushner’s testimony before Flynn flipped. As I said this morning, speaking of that meeting,

The Kushner meeting was reported as kind of one of the last things that Mueller had to put into place before this plea agreement that people have been talking about with Mike Flynn. And that suggests that there is more news about to drop regarding Mike Flynn that I think is going to really dramatically change how Republicans take the Russian investigation.

Flynn had been avoiding discussing plea agreements for months and months and months, and then really in the last two weeks, all of a sudden it seems like it’s about to happen. Mueller has more leverage over Flynn in the last couple of weeks. It may be Turkey, because a key witness in New York has turned state’s evidence and apparently has information on Flynn. I think there’s some other information.

And so, Flynn, we expect, is moving towards a plea agreement. We expect, or I expect, that’s going to add a lot more pressure on Trump. And I have been saying for months that the way to get to Kushner is through Flynn. Because a lot of the events in which Flynn was involved, such as meeting with Sergei Kislyak in December, they connect very closely with activities that Kushner is known to be involved with.

Kushner may now be hoping he’ll be in a he-said he-said with Flynn, except it’s unlikely Mueller would give Flynn this easy plea without a whole lot more to know that Flynn would be telling the truth. Remember, Kushner is one of the few people aside from Flynn himself who has a very appropriate lawyer for this kind of issue.

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including Vice, Motherboard, the Nation, the Atlantic, Al Jazeera, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse in Grand Rapids, MI.

On the Jared and Flynn Stories

Amid reports that Mike Flynn is flipping like a pancake, CNN reported (in addition to a report that Mueller’s team canceled a grand jury appearance for former Flynn business associates) that Jared Kushner was asked a bunch of questions about Flynn in an interview earlier this month.

Before reading the details CNN provides, however, consider this line in the story:

It’s not clear that this is the only time that Kushner will meet with the special counsel’s team.

That is, the subtext here is that, even as Mueller’s team preps a plea deal with Flynn, he’s well aware that he remains a key target in conjunction with Flynn events, and may get hauled back before Mueller’s team for all the other stuff. Effectively, they were locking in Kushner’s testimony — including, presumably, about what kind of permission/instructions Flynn had to engage in the corrupt foreign deals he was pushing — from Kushner and his pop-in-law before flipping Flynn.

So here’s how CNN describes the Flynn questions:

Mueller’s team specifically asked Kushner about former national security advisor Michael Flynn, who is under investigation by the special counsel, two sources said. Flynn was the dominant topic of the conversation, one of the sources said.

[snip]

The conversation lasted less than 90 minutes, one person familiar with the meeting said, adding that Mueller’s team asked Kushner to clear up some questions he was asked by lawmakers and details that emerged through media reports. One source said the nature of this conversation was principally to make sure Kushner doesn’t have information that exonerates Flynn.

The meeting took place around the same time the special counsel asked witnesses about Kushner’s role in the firing of former FBI Director James Comey and his relationship with Flynn, these people said.

That means, as we speak, Flynn is providing his side of this story, and explaining why Jared was so intent on firing Mueller because Mueller was actively investigating Flynn.

As I’ve long said, you get to Jared through Flynn. It seems like Jared’s team is now hoping he gets a second chance at testimony before he gets busted himself.

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including Vice, Motherboard, the Nation, the Atlantic, Al Jazeera, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse in Grand Rapids, MI.

The Seychelles Meeting Inches Kushner Closer to Quid Pro Quo with Sanctioned Russian Money

The Intercept has an article that has gotten surprisingly little attention, particularly given the reports that Mike Flynn is prepping to flip on Trump and that the House Intelligence Committee will have Erik Prince testify in its investigation.

It reveals that the previously unknown identity of a Russian that Erik Prince met in the Seychelles in January is the CEO of the Russian Direct Investment Fund.

The identity of the Russian individual was not disclosed, but on January 11, a Turkish-owned Bombardier Global 5000 charter plane flew Kirill Dmitriev, CEO of the Russian Direct Investment Fund, to the Seychelles, flight records obtained by The Intercept show. Dmitriev’s plane was an unscheduled charter flight and flew to the island with two other Russian individuals, both women. The RDIF is a $10 billion sovereign wealth fund created by the Russian government in 2011.

[snip]

Although Prince repeatedly stated he couldn’t remember the Russian’s name — “We didn’t exchange cards” — a spokesperson for Frontier Services Group confirmed to The Intercept in September that Prince “crossed paths” with Dmitriev in the Seychelles.

The article goes on to note that the RDIF separated from its parent company Vnesheconombank in 2016 to evade sanctions.

While it is legal to do business with RDIF in certain circumstances, there are several nuanced restrictions that if ignored or overlooked can easily lead to a violation. The resulting uncertainty has created opportunities for companies and individuals to find loopholes to bypass sanctions.

Analysts say RDIF attempted to do this in 2016 when the fund distanced itself from its parent company, the Russian bank Vnesheconombank, or VEB, which is also subject to U.S. sanctions. Legislation signed by Putin in June 2016 enabled RDIF to transfer its management company, known as the RDIF Management Company LLC, to the Russian Federal Agency for State Property Management.

Sadly, the Intercept article doesn’t lay out the timeline this creates:

Early December: Flynn and Kushner meet with Sergei Kislyak

Later December: At the behest of Kislyak, Kushner meets with Vnesheconombank’s Sergey Gorkov

December: Mohammed bin Zayed holds undisclosed meeting in NY with Kushner and Steve Bannon

December 29: Flynn tells Kislyak Trump will ease sanctions

January 11: At behest of Mohammed bin Zayed, Erik Prince meets with Dmitriev

January 17: Anthony Scaramucci meets with RDIF in Davos

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including Vice, Motherboard, the Nation, the Atlantic, Al Jazeera, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse in Grand Rapids, MI.

Trumpnami 2 by Rayne for Emptywheel.net

Jared’s Flynn ‘Surfing’, Election Day to Present

Quite a bit has been written about the Senate Judiciary Committee’s request last week asking Jared Kushner’s attorney Abe Lowell for “missing” documents omitted from his client’s previously requested document production. Didn’t anybody find odd the time range Senators Feinstein and Grassley specified in the letter, asking for all communications to, from, or copied to Lt. General Michael Flynn?

Here’s an excerpt from the November 16 letter; note the bit underlined in red:

From election day last year to the present.

To the present.

Has Jared Kushner — or other(s) copying both Kushner and Flynn — still been in direct communication with Michael Flynn all this time, even after Flynn resigned in February? Even after it looked like he was being investigated by Mueller? Even after it looked like Kushner himself was under scrutiny by both Mueller and Congress?

Does the Senate Judiciary Committee think Kushner’s trying to build a defense case on “I’m too stupid to be a criminal!” based on his sloppy surfing over their document requests?

Or is Kushner so confident his daddy-in-law can pardon him that he isn’t even bothering to hide his ongoing relationships with co-conspirators or his obstruction — and just keeps surfing on by?

Worse, does this range suggest the Senate Judiciary Committee believes Kushner has been actively using a backchannel to communicate with others under investigation, including Russian contacts and Michael Flynn?

And does the range suggest Kushner may have been communicating with Flynn even while out of the country — perhaps even during his recent unannounced wee-hours pajama party in Saudi Arabia with Crown Prince Mohammad bin Salman while they talked ‘strategy’?

This is an open thread. Bring your off-topic discussions here.

Blogger since 2002, political activist since 2003, geek since birth. Opinions informed by mixed-race, multi-ethnic, cis-female condition, further shaped by kind friends of all persuasions. Sci-tech frenemy, wannabe artist, decent cook, determined author, successful troublemaker. Mother of invention and two excessively smart-assed young adult kids. Attended School of Hard Knocks; Rather Unfortunate Smallish Private Business School in Midwest; Affordable Mid-State Community College w/evening classes. Self-employed at Tiny Consulting Business; previously at Large-ish Chemical Company with HQ in Midwest in multiple marginalizing corporate drone roles, and at Rather Big IT Service Provider as a project manager, preceded by a motley assortment of gigs before the gig economy was a thing. Blogging experience includes a personal blog at the original blogs.salon.com, managing editor for a state-based news site, and a stint at Firedoglake before landing here at emptywheel as technology’s less-virginal-but-still-accursed Cassandra.

Did the Steele Dossier Lead the Democrats To Be Complacent after They Got Hacked?

I get asked, a lot, why I obsess over the Steele dossier. A lot of people believe that even if the dossier doesn’t pan out, it doesn’t matter because Mueller’s investigation doesn’t depend on it. I’d be more sympathetic to that view if people like Adam Schiff and John Podesta didn’t keep invoking the dossier in ways that makes their legitimate concerns easy to discredit.

But I now believe the dossier may have done affirmative damage.

Consider the timeline.

Perkins Coie lawyer Marc Elias reportedly engaged Fusion for opposition research in April (their first payment was May 24).

April 26, Joseph Mifsud told George Papadopoulos that Russians said they had “dirt” on Hillary Clinton, in the form of emails.

April 29, the DNC discovered they had been hacked. Perkins Coie partner Michael Sussman had a key role in their response.

“Not sure it is related to what the F.B.I. has been noticing,” said one internal D.N.C. email sent on April 29. “The D.N.C. may have been hacked in a serious way this week, with password theft, etc.”

No one knew just how bad the breach was — but it was clear that a lot more than a single filing cabinet worth of materials might have been taken. A secret committee was immediately created, including Ms. Dacey, Ms. Wasserman Schultz, Mr. Brown and Michael Sussmann, a former cybercrimes prosecutor at the Department of Justice who now works at Perkins Coie, the Washington law firm that handles D.N.C. political matters.

“Three most important questions,” Mr. Sussmann wrote to his clients the night the break-in was confirmed. “1) What data was accessed? 2) How was it done? 3) How do we stop it?”

Sometime in May, Robert Johnston (who then worked at Crowdstrike) briefed the DNC on the hack. He told them how much data had been stolen, but he told them intelligence hackers generally don’t do anything with the stolen data.

When he briefed the DNC in that conference room, Johnston presented a report that basically said, “They’ve balled up data and stolen it.” But the political officials were hardly experienced in the world of intelligence. They were not just horrified but puzzled. “They’re looking at me,” Johnston recalled, “and they’re asking, ‘What are they going to do with the data that was taken?’”

Back then, no one knew. In addition to APT 29, another hacking group had launched malware into the DNC’s system. Called APT 28, it’s also associated Russian intelligence. Andrei Soldatov, a Russian investigative journalist and security expert, said it’s not crystal clear which Russian spy service is behind each hacker group, but like many other cybersecurity investigators, he agreed that Russian intelligence carried out the attack.

So, Johnston said, “I start thinking back to all of these previous hacks by Russia and other adversaries like China. I think back to the Joint Chiefs hack. What did they do with this data? Nothing. They took the information for espionage purposes. They didn’t leak it to WikiLeaks.”

So, Johnston recalled, that’s what he told the DNC in May 2016: Such thefts have become the norm, and the hackers did not plan on doing anything with what they had purloined.

May 25 was likely the date on which the last emails shared with Wikileaks got exfiltrated.

On June 9, Natalia Veselnitskaya met with Don Jr, Jared Kushner, and Paul Manafort at Trump Tower. Both at a Prevezon court hearing that morning and after the Trump Tower meeting, she reportedly met with Fusion’s Glenn Simpson. Though there’s no sign of Baker Hostetler paying for any services anytime near that meeting. Sometime Fusion associate Rinat Akhmetshin accompanied Veselnitskaya to the meeting; it’s possible he was paid for work in June.

Sometime in “mid-June,” the Perkins Coie lawyer Sussman and the DNC first met with the FBI about the hack. They asked the FBI to attribute the hack to Russia.

The D.N.C. executives and their lawyer had their first formal meeting with senior F.B.I. officials in mid-June, nine months after the bureau’s first call to the tech-support contractor. Among the early requests at that meeting, according to participants: that the federal government make a quick “attribution” formally blaming actors with ties to Russian government for the attack to make clear that it was not routine hacking but foreign espionage.

“You have a presidential election underway here and you know that the Russians have hacked into the D.N.C.,” Mr. Sussmann said, recalling the message to the F.B.I. “We need to tell the American public that. And soon.”

The FBI would not attribute the hack formally until the following year.

On June 14, the DNC placed a story with the WaPo, spinning the hack to minimize the damage done.

On June 15, Guccifer 2.0 started posting. In his first post, he proved a number of the statements Crowdstrike or Democrats made to the WaPo were wrong, including that:

  • The hackers took just two documents
  • Only Trump-related documents had been stolen
  • Hillary’s campaign had not been hacked
  • The DNC had responded quickly
  • No donor information had been stolen

Now, you’d think this (plus Julian Assange’s claim to have Hillary emails) would alert the Democrats that Johnston’s advice — that the Russians probably wouldn’t do anything with the data they stole — was wrong. Except that (as far as is publicly known) none of the documents Guccifer 2.0 leaked in that first batch were from the DNC.

Around this same time, Perkins Coie lawyer Marc Elias asked Fusion to focus on Trump’s Russian ties, which led to Christopher Steele’s involvement in the already started oppo effort.

On June 20, Perkins Coie would have learned from a Steele report that the dirt Russia had on Hillary consisted of “bugged conversations she had on various visits to Russia and intercepted phone calls rather than any embarrassing conduct.” It would also have learned that “the dossier however had not yet been made available abroad, including to TRUMP or his campaign team.”

On July 19, Perkins Coie would have learned from a Steele report that at a meeting with a Kremlin official named Diyevkin which Carter Page insists didn’t take place, Diyevkin “rais[ed] a dossier of ‘kompromat’ the Kremlin possessed on TRUMP’s Democratic presidential rival, Hillary CLINTON, and its possible release to the Republican’s campaign team.” At that point in time, the reference to kompromat would still be to intercepted messages, not email.

On July 22, Wikileaks released the first trove of DNC emails.

On July 26 — days after Russian-supplied emails were being released to the press — Perkins Coie would receive a Steele report (based on June reporting) that claimed FSB had the lead on hacking in Russia. And the report would claim — counter to a great deal of publicly known evidence — that “there had been only limited success in penetrating the ‘first tier’ foreign targets.” That is, even after the Russian hacked emails got released to the public, Steele would still be providing information to the Democrats suggesting there was no risk of emails getting released because Russians just weren’t that good at hacking.

It appears likely that the Democrats asked Fusion to focus on Russia because they believed they had been badly hacked by Russia.

Everything they learned (and would have learned, if the June reporting on cybersecurity had been produced in timely fashion) between the time they were hacked and when Wikileaks would start releasing massive amounts of emails would have told the Democrats that the Russians hadn’t really succeeded with their hacking, and any kompromat they had on Hillary was not emails, but instead dated intercepts. The Steele dossier would have led them to be complacent, rather than prepping for the onslaught of the emails.

We don’t know how Steele’s intelligence was used within the party. But if they had paid attention to it, it would have done affirmative damage, because it might have led them to continue to rely on Johnston’s opinion that the stolen emails weren’t coming out.

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including Vice, Motherboard, the Nation, the Atlantic, Al Jazeera, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse in Grand Rapids, MI.