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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Except I worry about something else.

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

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

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

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

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

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.

Maybe Stephen Miller’s Discussions with George Papadopoulos Are Why Jeff Sessions Can’t Recall Any Email Discussions?

Over the weekend, the NYT published the best reported piece yet on the George Papadopoulos plea. I’m most intrigued by the description of how a young Russian intern turned Joseph Mifsud into a Russian expert in 2014. But the most important detail in the story is that the loathsome Stephen Miller is the Senior Policy Adviser described in the plea.

The day before he learned about the hacked emails, Mr. Papadopoulos emailed Mr. Miller, then a senior policy adviser to the campaign, saying Mr. Trump had an “open invitation” from Mr. Putin to visit Russia. The day after, he wrote Mr. Miller that he had “some interesting messages coming in from Moscow about a trip when the time is right.”

Those emails were described in court papers unsealed Oct. 30 disclosing that Mr. Papadopoulos had pleaded guilty to lying about his contacts to the F.B.I. But the documents did not identify Mr. Miller by name, citing only a “senior policy adviser.” Neither he nor his lawyer responded on Friday to requests for comment.

During interviews with Mr. Mueller’s investigators, former campaign officials now working at the White House have denied having advance knowledge of the stolen emails, according to an official familiar with those discussions. Mr. Miller was among those recently interviewed.

The NYT hints at what I laid out explicitly: FBI charged Papadopoulos for his lies because they were designed to hide whether he told the campaign about the emails Mifsud told him about. And given the timing, it seems highly likely Papadopoulos’ reference in his April 27 email (the government cites just one line from the email, so it may not be the most exciting detail) to “interesting messages coming in from Moscow,” those interesting messages included discussion about the “dirt” Russia had on Hillary in the form of emails.

That is, it seems highly likely that on April 27 (or whenever Papadopoulos was next in DC), Miller learned that Russia had some kind of emails from Hillary.

Miller, recall, is Jeff Sessions’ close aide, his installment in the Administration. The NYT makes clear that Miller was interviewed by Mueller’s team recently, which means he was one of the people the government planned to interview just after locking in Papadopoulos’ plea.

Which makes this exchange from Jeff Sessions’ most recent congressional appearance, on October 18, all the more interesting. First, Patrick Leahy got the Attorney General to admit that there was a difference between not recalling something and affirmatively denying something. Leahy then pointed out that, once the meetings he had denied were disclosed, Sessions started not recalling certain things about the meetings that he had previous affirmatively denied.

Leahy: Later in March, when you did disclose such meetings, you said you could not recall what was said at the meetings. Your answer to my question was an emphatic no. It wasn’t, “I don’t recall.” You are a lawyer, I am a lawyer. You are, in fact, our nation’s top lawyer. Is there a difference between responding “no” and “I do not recall”?

Sessions: Yes.

Leahy: Thank you.

Sessions: Certainly it is, Senator Leahy.

Leahy: So if you could not recall, then you could not answer have answered my first question, yes or no, if later you said that you don’t recall what was discussed. The reason I ask is that, US intelligence intercepts reported in July that it would appear you did in fact discuss campaign issues with the Russian Ambassador.

Leahy then asked Sessions whether he had, since the election, had conversations with Russian officials about a slew of things, starting with emails. Sessions got even squirrelier than he normally is, and first attempted to answer a question Leahy didn’t ask.

Sessions: I have never had a meeting with any Russian officials to discuss any kind of coordinating campaign efforts.

So then Leahy asked about each item in turn.

Leahy: Let’s take this piece by piece. Did you discuss any of the following: Emails?

Sessions: Repeat the question again about emails.

Leahy: Since the 2016 campaign, have you discussed with any Russian connected official anything about emails?

Sessions: Discuss with them. I don’t recall having done any such thing.

Right after this exchange, Sessions totally balks when Leahy asks him if he has been interviewed or asked for an interview by Mueller, saying he should clear it with the Special Counsel.

Now, there was some imprecision in this questioning. It’s clear that Sessions believed he was answering the question about during the campaign, not since it.

But of the things Leahy asked about — emails, Russian interference, sanctions, or any policies or positions of the Trump campaign or presidency — Sessions ultimately not-recalled in response to just one question: the emails.

Based on the past practice Leahy had just laid out, Sessions claimed to not recall issues that he had actually done. Which would suggest Sessions is worried that there’s evidence he has discussed emails — with someone. It’s just not clear how he interpreted that question.

Luckily, he’s due in the House Judiciary Committee tomorrow, when Democrats can try to get him to recall whether he spoke to his top aide, Stephen Miller, about emails the Russians were promising.

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.

[Photo: National Security Agency, Ft. Meade, MD via Wikimedia]

HJC’s Manager’s Amendment Blows Open 702 Metadata Queries

I realized something as I was doing a last minute review comparing the Manager’s Amendment of 702 reauthorization that will be marked up in the House Judiciary Committee with a recent version. Here’s the language the two bills propose for querying of metadata:

Recent Version:

RELEVANCE AND SUPERVISORY APPROVAL TO ACCESS NON-CONTENTS INFORMATION.—Except as provided by subparagraph (D), the information of communications acquired under subsection (a) relating to the dialing, routing, addressing, signaling, or other similar non-contents information may be accessed or disseminated only upon a determination by the Attorney General that

(i) such communications are relevant to an authorized investigation or assessment, provided that such investigation or assessment is not conducted solely on the basis of activities protected by the first amendment to the Constitution of the United States; and

(ii) any use of such communications pursuant to section 706 will be carried out in accordance with such section.

Manager’s Amendment

(C) RELEVANCE AND SUPERVISORY APPROVAL TO ACCESS NON-CONTENTS INFORMATION.—Except as provided by subparagraph (D), the information of communications acquired under subsection (a) relating to the dialing, routing, addressing, signaling, or other similar non-contents information may be accessed or disseminated only—

(i) with supervisory approval;

(ii) [] if such information is not sought solely on the basis of activities protected by the first amendment to the Constitution of the United States;

(iii) if an order based on probable cause would not be required by law to obtain such information if requested as part of an investigation of a Federal crime; and

(iv) if any use of such communications pursuant to section 706 will be carried out in accordance with such section.

Inventing metadata-plus

I haven’t commented on this at length, but one thing the HJC bill does that the other drafts don’t is to invent a new, undefined category of “metadata plus.” They do so to get around the issue I laid out here: NSA has always treated as metadata stuff that from a packet architecture perspective is actually content. They did so by breaking the law from 2001 to 2004 and again from 2004 to 2009 and almost certainly still from 2010 to 2011. After 2011, they simply shut down the Internet metadata program and swapped it to access of metadata acquired under the name of content from upstream collection.

If HJC were a real legislative body, they’d take this opportunity, having clearly identified the need, to redefine metadata in a way that makes sense in the Internet era.

But they chose not to do that. Instead, they’ve just slapped a “or other similar non-contents information” onto the traditional definition of metadata, without defining it!!, so as to cover the continued access to such non-content information without debating the limits of the new definition.

Swapping AG approval for supervisor approval

That redefinition of metadata happens in both bills. But something new happens in the manager’s amendment. It swaps delegable Attorney General approval for “supervisory” approval. That’s still more than currently happens at FBI but possibly less than what currently happens at NSA. But it will ensure that such queries are common and easy.

Eliminating the tie to any investigation

Then the manager’s amendment eliminates the requirement that such queries are “relevant to” (whatever that means anymore) an authorized investigation. This will open up the data for assessments, meaning the FBI can use the data for far more than just investigating crimes. Again, that matches the status quo for FBI currently (which is effectively mostly what the HJC bill does, all while screaming LIBERTY cynically). But it does mean the FBI can continue to research whether you’ve been talking to foreigners without having any evidence of wrong-doing first.

Permitting the use of location and other enhanced metadata

Here’s the big tell, the addition of this language to the metadata querying language. The government can only do back door metadata searches on US persons  “if an order based on probable cause would not be required by law to obtain such information if requested as part of an investigation of a Federal crime.”

My discussion of metadata-plus, above, is mostly important today for NSA, because it involves NSA’s use of “metadata” obtained from upstream queries. That stuff doesn’t get passed on to FBI and CIA (which like FBI refuses to count its metadata queries) yet, but I guarantee you it soon will.

But remember, FBI (and CIA) are getting raw PRISM information.

And PRISM data includes a lot of “non-content” information that is not DRAS that would be of interest to the FBI, starting with location data (among other things, FBI likes to obtain the location data from your phone that you share with apps like Facebook). This probably also allows FBI to skirt jurisdictions were obtaining content without a warrant would be illegal, given that it came from national collection. In any case, however, most jurisdictions will still give some content with a PRTT, so without probable cause.

Like all the other tweaks, this probably also reflects the status quo — meaning that the FBI is accessing as metadata stuff that is far more intrusive. But by laying out the prohibition in this way, it makes it clear that FBI (and CIA) will be (continuing to) access fairly intrusive metadata-plus collected by cloud providers that wouldn’t have been identified without the use of warrantless surveillance.

Watering the meaningless warrant requirement down still further

I have argued that the warrant requirement in the HJC bill is currently meaningless, because it permits queries for foreign intelligence information and permits the FBI to define foreign intelligence with the next certification (another area where HJC has abdicated its legislative role to the Intelligence Community).

By codifying that FBI can do metadata queries without an open investigation, the government is ensuring that it can continue to access this information at the assessment level, even if they’re not doing so under the guise of national security.

But two other changes in the manager’s amendment water down the meaningless warrant requirement even more.

First, the manager’s amendment eliminates this prohibition on using metadata to prove probable cause.

noncontents information accessed or disseminated pursuant to subparagraph (C) is not the sole basis for such probable cause;

That means the government can access metadata without an open investigation, and then use that metadata as the sole basis to access the content.

But under the manager’s amendment, the FBI can bypass the court altogether if the Attorney General (currently racist Jeff Sessions) reasonably determines the US person is communicating with someone engaged in, or materially supporting, terrorism.

Subject to section 706(a)(2), 25 based on a review described in item (II), the Attorney General reasonably determines that the person identified by the queried term is, or is communicating with—

(aa) a person reasonably believed to be engaged in international terrorism (as defined in section 101(c)) or activities in preparation therefore; or

(bb) a person reasonably believed to be acting for, or in furtherance of, the goals or objectives of an international terrorist or international terrorist organization.

And that review relies on the same metadata-plus.

A review described in this item is a review of information of communications acquired under subsection (a) relating to the dialing, routing, addressing, signaling, or other similar non-contents information,

Again, all of this basically amounts to retaining the status quo (though at a time when Russia may pose a greater threat to the US than the shriveling ISIS, and when gun violence by regular old American whackos is proving far more lethal than that of ISIS, it’s not clear that prioritizing terrorism anymore makes sense).

But it is a testament both to how much the HJC bill is really just window dressing, Potemkin reform cynically called “Liberty,” and hints at how they’re really using metadata-plus.

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 Goals That Are Being Scored” … the Carter Page Saga

In the middle of the Carter Page testimony to the House Intelligence Committee last week, Adam Schiff tried to get him to answer whether he spoke about buying a stake of Rosneft during his July 2016 trip to Moscow — a key claim from the Steele dossier. Page professed that it might be possible, but he couldn’t remember such a discussion because he was watching Ronaldo on TV at the time.

He may have briefly mentioned it when we were looking up from this Portugal — Ronaldo, whoever the — you know, the goals that are being scored. That may have come up. But I have no definitive recollection of that.

Page comes off, often, as someone utterly clueless about how both the Trump campaign officials and the Russians trying to use him were doing so.

It depends on the definition of meet

That said, the most interesting bits involve the things Page tried to hide or obfuscate, such as his claim he never met Trump even after having been in a lot of meetings with him.

Mr. Rooney: Did you ever meet Mr. Trump?

Mr. Page: I have never met him in my life. I’ve been in a lot of meetings with him, and I’ve learned a lot from him, but never actually met him face-to-face.

He does the same with Arkadiy Dvorkovich, Russia’s Deputy Prime Minister, when Adam Schiff tries to point out that meeting him in July 2016 would amount to meeting a senior official.

Mr. Schiff: And you don’t consider him to be a high-up official or someone in an official capacity?

Mr. Page: I — nothing I — it was — again, I did not meet with him. I greeted him briefly as he was walking off the stage after his speech.

Page even compares these two instances of not-meetings later in his testimony.

[I]t goes back to the point I mentioned with listening to speeches, listening to particularly Arkadiy Dvorkovich’s speech, right. Again, great insights just like I learned great insights — even though I’ve met — I’ve never met Donald J. Trump in my life, I’ve learned a lot from him.

Ultimately, even Trey Gowdy finds this obfuscation around the word “meet” to be too much.

Mr. Gowdy: All right. I’ve written down four different words. I didn’t think I’d ever be going through this with anyone, but we’ve got to, I guess. You seem to draw a distinction between a meeting, a greeting, a conversation, and you hearing a speech.

JD Gordon’s central role

I pointed out last week how JD Gordon was playing the press in the wake of the Papadopoulos plea agreement being unsealed. Page’s testimony may explain why: because Gordon was the key person coordinating Page’s activities.

Page at first tries to hide this, before he admits that JD Gordon was his supervisor on the campaign.

And J.D. Gordon was brought in, and he was sort of the de facto organizers [sic] for our group, although not — there was no official command structure, because, again, it was an informal quasi think tank, if you will.

Page later describes Gordon as the most formal of the foreign policy group.

[T]he thing with J.D. is that — again, we’re an informal group, right. He was probably the most formal. I believe he may have even had — if I’m not mistaken, he may have had a Trump campaign email address. I had spoken with him on that — a few occasions that are — you know, we’d get together for a dinner. I may have sent an email or two to him on that. And again, he never definitively answered one way or another.

And Page seems to have treated his conversations with Gordon with some sensitivity (though there’s any number of reasons why this might be true, including that they were running a cutthroat political campaign). Eric Swalwell walks Page through an email in which he warned Gordon, in advance of a call, that he’d be in the “Third World” Laguardia Sky Club so could only listen, not speak.

Mr. Swalwell: In a May 24th, 2016, email to J.D. Gordon, Bates stamped [redacted], you wrote: “FYI: At the Newark Sky Club, Delta has a private room when you can have a confidential conversation, but, unfortunately, no such luck at Third World LaGuardia. So I’ll mostly be on receive mode, since there are a significant number of people in the lounge.”

Later in testimony, Schiff describes an email Page sent two days later, telling Gordon, “I’m planning to speak alongside the chairman and CEO of Sberbank as we’ll both be giving commencement addresses as Mosscow’s New economic School on July 8” (in fact the meeting never happened; though that may be because Dvorkovich replaced him).

Perhaps most damning of all, when Page “mentioned to [Jeff Sessions] in passing” (yet another exchange that shows Sessions perjured himself before the Senate) that he was about to go to Moscow, Gordon and Papadopoulos were present as well.

Mr. Schiff: Let me take you back to what we were discussing before our break, the meeting you had at the Republican National Headquarters I think is the building you’re referring to, if I understand correctly. What was the nature of the discussions at that meeting with Mr. Sessions, then-Senator Sessions — was J.D. Gordon present?

Mr. Page: I believe he was.

Mr. Schiff: And George Papadopoulos you believe was there?

Mr. Page: I believe, yes, to the best of my recollection.

This puts some of the key players together, discussing how Page’s trip to Moscow might benefit the campaign.

Finally, in spite of his efforts to downplay his exchange with Dvokovich, Page’s letter to Gordon boasting about it was a key focus.

Mr. Schiff: And in that [email], Dr. Page, didn’t you state, on Thursday and Friday, July 7 and 8, 2016: “Campaign Adviser Carter Page” — you’re referring to yourself in the third person — “presented before gatherings at the New Economic Schoo, NES, in Moscow, including their 2006 [sic] commencement ceremony. Russian Deputy Prime Minister and NES Board Member Arkadiy Dvorkovich also spoke before the event. In a private conversation, Dvorkovich expressed strong support for Mr. Trump and a desire to work toward devising better solutions in response to the vast range of current international problems”?

The others

While less substantive than the focus on JD Gordon, it’s clear Democratic members were interested in the roles of others: Corey Lewandowski, who “hired” Page and okayed his trip to Russia, Hope Hicks, who was in the loop, Sam Clovis, who made him sign an NDA and had another meeting with him before he left for Russia, and Michael Cohen, who kept the NDA (and in fact didn’t provide Page his promised copy). Schiff also got the list of those responsible for changing the platform (which I think is overblown) into the record: in addition to Gordon, Joseph Schmitz, Bert Mizusawa, Chuck Kubic, Walid Phares, and Tera Dahl.

But the most interesting exchange came right at the end, when Schiff walked Page through a list of people he might have interacted when. When he asked about Eric Trump, Page admitted to sending his resignation to the son.

Mr. Schiff: Eric Trump.

Mr. Page: I — when I sent in my letter of — saying that I am taking a leave of absence from the campaign, I sent an email to him and a bunch of other individuals. So that was on — late Sunday night, after I sent the letter to James Comey. I sent a copy of that to them.

Mr. Schiff: So you sent a letter to Eric Trump, but you have had no other interaction with him apart from that?

Mr. Page: No. No.

Mueller probably interviewed Page during the Papadopoulos lag

Finally, there is perhaps the most important detail. Page admits he has spoken with the FBI this year 4-5 times (he appears to have been represented by a lawyer earlier this year, but he’s now draining his savings and representing himself). When asked if he has met with Mueller’s investigators, he notes what I did: his October 10 letter sort of pleading the Fifth was addressed, first and foremost, to Robert Mueller, which would put his testimony between the time George Papadopoulos pled guilty to false statements and the time it was unsealed — the time when Mueller was locking in the testimony of everyone implicated by Papadopoulos’ cooperation.

As I noted the other day, in the affidavit the FBI wrote explaining why they wanted to seal any notice of Papadopoulos’ plea deal, they described their plans to get the testimony of the people who had knowledge between Russians and the campaign.

The investigation is ongoing and includes pursuing leads from information provided by and related to the defendant regarding communications he had, inter alia, with certain other individuals associated with the campaign. The government will very shortly seek, among other investigative steps, to interview certain individuals who may have knowledge of contacts between Russian nationals (or Russia-connected foreign nationals) and the campaign, including the contacts between the defendant and foreign nationals set forth in the Statement of Offense incorporated into the defendants plea agreement.

All the people interviewed in what I’ll call the Papadopoulos lag — the time between when he pled guilty and the time they unsealed his plea — likely operated with the false confidence that the Mueller team would not know of conversations among campaign staffers. It appears that Page (like Sam Clovis, and, probably,JD Gordon) was interviewed in that period.

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.

Jeff Sessions Unforgets the Discussions with Russians He Twice Swore He Didn’t Know About

In response to Monday’s server hiccups and in anticipation that Mueller is nowhere near done, we expanded our server capacity overnight. If you think you’ll rely on emptywheel reporting on the Mueller probe, please consider a donation to support the site

On Monday at the Intercept and yesterday on Democracy Now, I pointed out that the George Papadopoulos plea showed that Jeff Sessions continues to lie under oath about what he knows about Trump campaign surrogates interacting with Russians.

Sessions has repeatedly testified to the Senate that he knows nothing about any collusion with the Russians. (Though in his most recent appearance, he categorized that narrowly by saying he did not “conspire with Russia or an agent of the Russian government to influence the outcome of the 2016 presidential election.”)

But the Papadopoulos plea shows that Sessions — then acting as Trump’s top foreign policy adviser — was in a March 31, 2016, meeting with Trump, at which Papadopoulos explained “he had connections that could help arrange a meeting between then-candidate Trump and President Putin.”

[snip]

Sessions’s claims about such meetings came in sworn testimony to the Senate. During his confirmation process, Sessions was asked a key question by Sen. Al Franken, D-Minn.: “If there is any evidence that anyone affiliated with the Trump campaign communicated with the Russian government in the course of this campaign, what will you do?”

“Senator Franken, I’m not aware of any of those activities,” Sessions responded. “I have been called a surrogate at a time or two in that campaign and I didn’t have — did not have communications with the Russians, and I’m unable to comment on it.”

The question, however, was about Sessions’s knowledge of such communications, and we now know he was in a meeting in which they were discussed.

More recently, on October 18, Sen. Patrick Leahy, D-Vt., asked Sessions a series of questions about his knowledge of interactions with Russians, including whether he had discussed emails with Russian officials since the campaign. To that question, Sessions said he “did not recall.”

Franken then asked, in an attempt to clarify the confirmation questions, “You don’t believe that surrogates from the Trump campaign had communications with the Russians?”

“I did not — and I’m not aware of anyone else that did. I don’t believe that it happened,” said the attorney general whose own department had, two weeks earlier, already gotten a guilty plea from a campaign surrogate describing such discussions with Russians.

Now that other media outlets have caught up with the significance of the March 31 meeting, there have been a number of stories that make it clear Jeff Sessions has now unforgotten the outreach to Russia he twice swore he didn’t remember.

In this telling, Sessions was the hero of the moment, insisting that the campaign not pursue a meeting with Putin, while Trump was more ambivalent.

Candidate Donald Trump did not dismiss the idea of arranging a meeting with Russia’s president when it was suggested in a meeting with his campaign foreign policy advisers last year, according to a person in the room.

The idea was raised by George Papadopoulos as he introduced himself at a March 2016 meeting of the Republican candidate’s foreign policy advisers, according to a court filing.
“He didn’t say yes and he didn’t say no,” the official said, declining to be more specific about Trump’s response to Papadopoulos.
But the chairman of Trump’s national security team, then Alabama senator and now attorney general Jeff Sessions, shut down the idea of a Putin meeting at the March 31, 2016, gathering, according to the source. His reaction was confirmed with another source who had discussed Session’s role.

If the first sourcing here — one of the nine men in the room — didn’t indicate these leaks came from Sessions’ orbit, the second one — a source who discussed Sessions’ role — makes it clear.

Let’s pretend for the moment that this telling is accurate, and that then Senator Sessions recognized the legal and political risk of cozying up to Vladimir Putin (and not just another attempt to telegraph what someone has testified or plans to testify to the grand jury).

If that’s correct, that means Sessions has twice lied under oath about knowing about efforts to reach out to the Russians. And he did so knowing that the President was sort of cool with the idea.

That is, it would suggest Sessions’ lies, given under oath, were designed to protect the President.

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.

Cambridge Analytica and the Hillary Emails

Update: I made an error in this post: WSJ has made it clear the emails in question were the DNC emails, not the Hillary ones. I’ve deleted the parts that are inaccurate accordingly.

For some time, I have been interested in the many pieces of evidence that, partly as a result of late GOP ratfucker Peter Smith’s efforts, Julian Assange ended up with something approximating Hillary Clinton’s deleted emails. We know Smith alleged Mike Flynn was involved in the effort. Weev and Chuck Johnson were involved. There are reasons to believe Roger Stone was involved in the effort. And there are reasons to believe Guccifer 2.0 was involved in the effort.

Plus, everyone from Stone to Attorney General Sessions (who “did not recall” whether he had spoken to Russians about email in his SJC testimony) seems to be ignoring that part of the scandal in their denials of colluding with Russians.

And now, Cambridge Analytica — the data firm paid for by far right wing oligarch Bob Mercer that played a big role in getting Trump elected — is involved in it.

The DailyBeast reports that Congressional investigators have found an email from CA head Alexander Nix to some unnamed person (Trump’s digital director Brad Parscale was interviewed by HPSCI yesterday) saying he offered to help Assange with the project.

Nix, who heads Cambridge Analytica, told a third party that he reached out to Assange about his firm somehow helping the WikiLeaks editor release Clinton’s missing emails, according to two sources familiar with a congressional investigation into interactions between Trump associates and the Kremlin. Those sources also relayed that, according to Nix’s email, Assange told the Cambridge Analytica CEO that he didn’t want his help, and preferred to do the work on his own.

Assange, who insists he never says anything to compromise sources, released his own statement saying he rejected the help.

After publication, Assange provided this statement to The Daily Beast: ”We can confirm an approach by Cambridge Analytica and can confirm that it was rejected by WikiLeaks.”

Remember, Stone told the Russian hackers he was soliciting that, allegedly because he couldn’t verify the authenticity of any emails obtained from hackers, they should turn them over to Assange. And both the Nix email and the Assange denial seem to admit that WikiLeaks did, indeed, receive at least one set of those emails. Which would explain why Roger Stone was so certain WikiLeaks was going to drop Clinton Foundation emails — not the Podesta ones that Stone showed no interest in — in October of last year. And it would seem to explain why Guccifer 2.0 had the same belief.

That is, there are a whole bunch of dots suggesting WikiLeaks got something approximating Clinton’s emails, and either because they couldn’t be verified, or because his source was too obviously Russian, or some other unknown reason, he decided not to publish.

If that’s right, all these non-denial denials about the operation seem to point to a confluence of interest around this effort that touched pretty much everyone. And involved Russians, their agents, and GOP ratfuckers willfully working together.

Update: The Trump campaign just did some amazing bus under-throwing of CA. Compare that to this November 10 piece attributing their win to CA.

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.

Jeff Sessions Can’t Remember Whether He Was Involved in Firing All the US Attorneys

One of the things that came out of Jeff Sessions’ testimony last Thursday was the news — elicited by Richard Blumenthal — that President Trump had personally interviewed candidates for two US Attorney positions, those in SDNY and EDNY, which was taken as a sign Trump wanted to install cronies in the districts that oversee most of his (and his family’s) activities.

But there was a counterpart exchange at the hearing that was, particularly because of Sessions’ inability to answer it, just as stunning.

After Mazie Hirono handed Sessions his ass for attacking a judge in HI for issuing a nationwide injunction, she then asked him who was involved in the decision to fire all the US Attorneys all at once.

Hirono: Who was involved in the decision to dismiss all of the US Attorneys without any warning. And why was it done when it was done?

At first Sessions just filibustered — Clinton Clinton Clinton.

Sessions: [stumped] We had gone for a number of months, about half of the United States Attorneys had already resigned, it’s traditional that they’re replaced by the next Administration, and President [pause] I believe President Clinton did the same, issued a single order, precedent, there’s precedent for it to complete the process of changeover.

So then Hirono asked what I imagine is the point: whether Trump made the decision entirely on his own.

Hirono: So it was totally President Trump who made that decision? You were not involved in that decision?

Sessions: I, I believe the responsibility is the President’s.

Hirono: You were not involved in that decision to fire them all?

But then when she double checks whether that’s true, he realizes he’s about to get his boss in a whole heap of trouble, and — literally mid-question!! — turns to ask a staffer what the correct answer is.

Sessions: Actually, actually, I think the Att —

[Sessions stops mid-sentence to talk to a staffer behind him]

Only after consulting the staffer did Sessions “remember” being involved in the decision.

Sessions: I can’t re — I can’t believe I can’t remember that. But it was an important issue. The President appoints United States Attorneys, and it was appropriate, I thought at that time to make the change.

Hirono: So you were involved?

Sessions: Yes, I was involved.

Thus far, the exchange is remarkable enough.

All the more so when you look back at the reporting from when it occurred, in early March. As NYT reported, it was a surprise to all the US Attorneys asked to leave.

The Trump administration moved on Friday to sweep away most of the remaining vestiges of Obama administration prosecutors at the Justice Department, ordering 46 holdover United States attorneys to tender their resignations immediately — including Preet Bharara, the United States attorney in Manhattan.

The firings were a surprise — especially for Mr. Bharara, who has a reputation for prosecuting public corruption cases and for investigating insider trading. In November, Mr. Bharara met with then President-elect Donald J. Trump at Trump Tower in Manhattan and told reporters afterward that both Mr. Trump and Jeff Sessions, who is now the attorney general, had asked him about staying on, which the prosecutor said he expected to do.

But on Friday, Mr. Bharara was among federal prosecutors who received a call from Dana Boente, the acting deputy attorney general, instructing him to resign, according to a person familiar with the matter.

And it was an apparent reversal from an earlier plan.

The abrupt mass firing appeared to be a change in plans for the administration, according to a statement by Senator Dianne Feinstein of California, the top Democrat on the Senate Judiciary Committee.

“In January, I met with Vice President Pence and White House Counsel Donald McGahn and asked specifically whether all U.S. attorneys would be fired at once,” she said. “Mr. McGahn told me that the transition would be done in an orderly fashion to preserve continuity. Clearly this is not the case. I’m very concerned about the effect of this sudden and unexpected decision on federal law enforcement.”

A statement from DOJ spox Sarah Isgur Flores does attribute the decision to Sessions.

“The Attorney General has now asked the remaining 46 presidentially appointed U.S. Attorneys to tender their resignations in order to ensure a uniform transition.”

But Acting Deputy Attorney General Dana Boente (one of just two to keep his job right away), not Sessions, made the calls to the US Attorneys.

In other words, it seems possible that Sessions really wasn’t involved, but he has to pretend to be, so that the decision to fire (especially) Preet Bharara doesn’t appear to be something Trump did on his own, partly in response to badgering from Sean Hannity.

In other words, this later exchange from the same hearing suggests that Trump first unilaterally fired all the US Attorneys, which even at the time was interpreted as an effort to fire one in particular, and now is exercising more control over his replacement than any President ever has before. Only, Sessions managed to remember being involved just in time to make that clear.

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.

Senate Judiciary Committee Republicans Have No Excuse for Not Doing Something about White Supremacist Violence

Last I checked, the following Republicans on the Senate Judiciary Committee have criticized white supremacists, violence, and/or Trump’s appeasement of the former in Charlotteville.

Chuck Grassley, Senate Judiciary Committee Chair:

What ” WhiteNatjonalist” are doing in Charlottesville is homegrown terrorism that can’t be tolerated anymore that what Any extremist does

Orrin Hatch, President pro tempore:

We should call evil by its name. My brother didn’t give his life fighting Hitler for Nazi ideas to go unchallenged here at home

Their tiki torches may be fueled by citronella but their ideas are fueled by hate, & have no place in civil society.

Lindsey Graham, Chair of Subcommittee on Crime and Terrorism:

The South Carolina Republican called on Attorney General Jeff Sessions to go to Virginia and “personally handle domestic terrorism investigations” and alleged civil rights abuses by the Ku Klux Klan and neo-Nazis “who took this young woman’s life.”

Graham was referring to Heather Heyer, 32, who was killed when a car ran into a group of counter-protesters Saturday in Charlottesville where white supremacists and neo-Nazis were holding a “Unite the Right” rally. Many more were injured.

Graham additionally proposed the Departments of Justice and Homeland Security form a task force on the threat of white supremacist groups and report back to Congress with potential solutions for cracking down on them.

“This is an opportunity for the Trump administration to come down like a hammer on white supremacists,” Graham said during a news conference in his Columbia office. “And I hope they do.”

John Cornyn, Chair of Subcommittee on Border Security and Immigration and Senate Majority Whip:

No place for the bigotry & hate-filled violence in . These actions should be condemned in the strongest possible terms.

And (update, from August 17):

We’ve all been shocked that the unhealed wounds of the nation’s racial divide flared up in such a surprising and disturbing way,” Cornyn said in a Chronicle interview. “I think the president had an opportunity to send a message that would unite America behind our common resolve to heal those wounds and unite our country, and unfortunately I don’t think he did that.”

Ted Cruz, Chair of Subcommittee on the Constitution, who while Chair of the Subcommittee on Oversight, Agency Action, Federal Rights and Federal Courts, had a hearing on the importance of naming Islamic terrorism Islamic terrorism:

It’s tragic and heartbreaking to see hatred and racism once again mar our great Nation with bloodshed. Heidi’s and my prayers are with the loved ones of those killed and injured in the ongoing violence in Charlottesville. The First Amendment protects the rights of all Americans to speak their minds peaceably, but violence, brutality, and murder have no place in a civilized society.

The Nazis, the KKK, and white supremacists are repulsive and evil, and all of us have a moral obligation to speak out against the lies, bigotry, anti-Semitism, and hatred that they propagate. Having watched the horrifying video of the car deliberately crashing into a crowd of protesters, I urge the Department of Justice to immediately investigate and prosecute this grotesque act of domestic terrorism.

These bigots want to tear our country apart, but they will fail. America is far better than this. Our Nation was built on fundamental truths, none more central than the proposition ‘that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness.’

But,

“One of the things we’re seeing going on is the media and the Democrats are, to the surprise of no one, demagoguing this issue and using it for political advantage,” Cruz said. “So, in the media’s telling, they want to tar and feather any Republican, any conservative, and paint us all as these crazy racist nutbags.”

Jeff Flake, Chair of Subcommittee Privacy, Technology, and the Law):

We can’t accept excuses for white supremacy & acts of domestic terrorism. We must condemn. Period.

Flake, more generally:

Under our Constitution, there simply are not that many people who are in a position to do something about an executive branch in chaos. As the first branch of government (Article I), the Congress was designed expressly to assert itself at just such moments. It is what we talk about when we talk about “checks and balances.” Too often, we observe the unfolding drama along with the rest of the country, passively, all but saying, “Someone should do something!” without seeming to realize that that someone is us. And so, that unnerving silence in the face of an erratic executive branch is an abdication, and those in positions of leadership bear particular responsibility.

Ben Sasse, Chair of Subcommittee on Oversight, Agency Action, Federal Rights and Federal Courts:

“I refuse to accept that mankind is tragically bound to the starless midnight of racism… Unconditional love will have the final word” -MLK

“My dream is of a place and a time where America will once again be seen as the last best hope of earth.” -Abraham Lincoln

“We hold these truths to be self-evident, that ALL men are created equal, that they are endowed, by their Creator with…unalienable Rights”

These people are utterly revolting–and have no understanding of America. This creedal nation explicitly rejects “blood & soil” nationalism.

John Kennedy:

Violence and hatred are never the answer.

There are 20 members of the Senate Judiciary Committee, 11 Republicans and 9 Democrats. Of the Republicans, eight have made statements at least condemning the violence in Charlottesville, even if Cornyn and Kennedy, among others, are obviously issuing empty condemnations.

If even two of the Republicans who’ve made statements condemning the right wing violence in Charlottesville are serious — or more specifically serious about actions that DOJ must take, as in comments that both Lindsey and Cruz made — then they’ve got the numbers to make it happen.

They’ve got the numbers to force DOJ to refund the Life After Hate program, which white supremacist Seb Gorka’s wife Katherine defunded. They’ve got the numbers to ask Jefferson Beauregard Sessions whether his DOJ will treat this act of terrorism as terrorism. They’ve got the numbers to ask whether FBI ignored warnings of surging white supremacism.

Republicans often complain that there’s nothing they can do about their unmanageable President. This is one case where that’s patently false.

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.

Former Senators Sessions and Coats Likely Just Set Off a Conflict with Congress

I’ll have more to say about Jeff Sessions’ new witch hunt on leaks later. But for now I want to look at what former Assistant Director Ron Hosko had to say to Daily Beast.

Ron Hosko, former deputy director of the FBI, said these changes could result in prosecution of members of Congress and Hill staffers. In the past, he said the FBI identified members of Congress who leaked classified information, who the Justice Department then declined to prosecute. Agents were often frustrated by this, Hosko added. Given the attorney general’s announcement, he said, members of Congress and Hill staffers may be more likely to face prosecution.

As I was listening to the press presentation (I won’t call it a conference because Sessions and Coats ran away without answering questions), I couldn’t help but thinking what a shitshow these two former Senators were likely setting off.

That’s because the universe of potential leakers is fraught for DOJ especially.

There are the various White House leakers (not including the President, who will escape notice even though he is one of the most prolific and dangerous leakers). Prosecuting them will be difficult politically in this contentious Administration.

There are the IC leakers. While some will likely be charged, a good many will be — like David Petraeus — too dangerous to aggressively prosecute, because they know where the truly interesting secrets are.

Most of all, though, there are the current and former members of Congress and their staffers, who have clearly been a central source of leaks embarrassing the White House.

Hosko is right that FBI has bumped up against limits in prosecuting Congress before. In the Jeffrey Sterling case, for example, SSCI staff director Bill Duhnke was FBI’s first and primary suspect (and a far more likely source for James Risen’s 2003 story than Sterling, not least because the final form of that story included a seeming reference to Iraq that Sterling wouldn’t have known). But SSCI refused to cooperate with the FBI investigation for years, and Duhnke reportedly never did. Duhnke remains in the Senate, working as the Rules Staff Director.

There’s nothing the Sessions hearing today included that would change the circumstances of Congress’ non-participation in the prosecution of Duhnke going forward (except perhaps the threat to jail journalists, but that’s still not likely to be enough to get past Congressional Speech and Debate privilege.

Moreover, if the FBI pushes too hard, Congress will just legislate itself — and reporters — protections (as Congress has been threatening to do for some time).

Given the Fourth Circuit precedents tied to the Sterling case, I think it will be easier for FBI to go after low level IC staffers. But I’m fairly confident if it gets close to Congress there will be a significant backlash that will make former Senators Sessions and Coats regret they didn’t account for their former colleagues’ equities before rolling out a witch hunt.

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.

Meditations: What Is this Thing? Examining Trump-Russia

“This thing, what is it in itself, in its own constitution? What is its substance and material? And what its causal nature (or form)? And what is it doing in the world? And how long does it subsist?”

— Marcus Aurelius, Meditations, Book VIII, sect. X

When writing about the Trump-Russia investigations, there’s invariably push back questioning the legitimacy of inquiry or the sanity of those who seek answers.

One of the most persistent demands is for unassailable proof the Russians were responsible for hacking the US, whether the DNC or other systems, and any inability to provide such unquestionable evidence invalidates investigations for those who insist on proof.

But such demands may never be met in a way satisfying these demands. Some of these demands are made knowing with certainty that full disclosure of evidence would reveal sources and methods and therefore cannot be made in public.

It’s the specificity of these demands which redirects the attention away from what the investigations may find. Rather than allow ourselves to be derailed by what we aren’t able to answer, we should rely on first principles and examine what is directly in front of us.

What is this thing?

Pull together what are known facts and look at them. Here are a few; what are they, at face value?

• Then-president Obama warned Trump against Michael Flynn as national security adviser. (10-NOV-2017)

• Trump hired Flynn anyhow, against his predecessor’s recommendation. (18-NOV-2017)

• Flynn had a history of breaking rules, including the secret installation of an internet connection in his Pentagon office.

• Flynn had dialogue with foreign agents without disclosing truthfully the nature of his discussions. (29-DEC-2016; possibly more and other contacts earlier)

• Trump kept Flynn on as national security adviser after deputy attorney general Sally Yates warned White House counsel Don McGahn that Flynn could be blackmailed. (26/27-JAN-2017)

• Yates was fired the same day she was to provide White House counsel with more information about Flynn, after she announced the DOJ would not enforce the executive order signed 27-JAN-2017 banning Muslim travelers; the president wrote she was “weak on borders and very weak on illegal immigration.” (30-JAN-2017)

• Flynn denied talking with Russian ambassador Sergei Kislyak in December 2016 about U.S. sanctions on Russia. (08-FEB-2017)

• The Washington Post reported Flynn had spoken with Kislyak about the sanctions according to officials from both Obama and Trump administration with access to reports about Flynn’s communications. (09-FEB-2017)

• Flynn resigned as national security adviser.

• Trump nominated Jeff Sessions as attorney general.

• During his Senate Judiciary Committee confirmation hearing, Sessions said, “I didn’t have—did not have communications with the Russians” when asked if there was any evidence that anyone affiliated with the Trump campaign communicated with the Russian government in the course of the campaign. (10-JAN-2017)

• In responses to written questions from Senate Judiciary Committee member Pat Leahy, Sessions denied he had been “in contact with anyone connected to any part of the Russian government about the 2016 election”. (17-JAN-2017)

• Reports emerged that Sessions had spoken twice with Kislyak during the campaign season. (01-MAR-2017)

• In a statement later the same evening, Sessions said, “I never met with any Russian officials to discuss issues of the campaign. I have no idea what this allegation is about. It is false.”

• After calls by Democratic members of Congress for Sessions to resign, Sessions recused himself from any investigations into Russia’s interference in the 2016 presidential election. (02-MAR-2017)

What is this, on the face of it, with regard to Flynn, Sessions and Trump-Russia? What was the nature of Flynn’s and Sessions’ contacts with Russian officials? What were these multiple undisclosed meetings and denials supposed to do, if left unquestioned and uninterrupted? Why would two key figures in the Trump campaign and administration both have contact with Russian officials either during the campaign season or after the election before inauguration, and then lie about the nature contacts?

Similarly, we can look at Donald Trump Jr.’s and Jared Kushner’s actions through the campaign and post-election and -inauguration. We see more undisclosed interactions, more denials and lies, more forced disclosure.

We can also look at Trump’s words and deeds: long sympathetic to Russia, he more than hints that Russia should hack his opponent’s emails during the campaign season. He is not forthcoming about his finances. He does not resolve conflicts of interest. He leans on FBI director to drop the investigation into Flynn’s Russia-related activities, ultimately firing him. His attendance at the G20 meeting yielded private, unrecorded meetings with Russian president Putin. He’s harassed Sessions for having recused himself from the Russia investigations. He vacillated on whether he will or will not sign the latest sanctions on Russia which Congress passed last week.

And in the last 24 hours, after Russia demanded an end to specific sanctions on former U.S.-based Russian compounds, after Russia retaliated by ejecting U.S. diplomatic personnel, Trump does not offer any response, leaving VP Mike Pence to offer tepid supportive comments for NATO allies.

What is this thing?

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.