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The Frothy Right Is Complaining that Amy Berman Jackson Sentenced Roger Stone to 57% of Lower Guidelines

In the aftermath of the news of Roger Stone’s sentence yesterday, some of DOJ’s beat journalists are doing irresponsible pieces giving Bill Barr’s close associates anonymity to lie, with no pushback, about what happened.

Another Justice Department official called Stone’s sentence a “vindication” of the attorney general’s decision last week to insert himself into the process, calling for a revised sentencing memorandum that undercut the line prosecutors’ prior recommendation of seven to nine years in prison. Four prosecutors quit the Stone case over the disagreement, and current and former Justice Department officials grew alarmed Trump was short-circuiting the law enforcement agency’s traditional independence. More than 2,600 former employees have signed onto a letter calling on Barr to resign over his handling of the matter.

Judge Amy Berman Jackson in no way vindicated Bill Barr’s intervention, and any experienced DOJ reporter passing on the claim unchallenged is doing their readers a gross disservice.

Worse still, confusion about what happened yesterday has permitted the frothy right to attack ABJ for what was a lenient sentence.

So I’d like to show how ABJ came up with her sentence. It shows that ABJ sentenced Stone to 57% of the sentence she judged the guidelines call for.

Probation Recommendation: 70-87 months

Between the original sentencing memo and Stone’s own memo, we can obtain what probation initially recommended. It started with a base offense level for Stone’s Obstruction, False Statements, and Witness Tampering of 14 (which would result in a 15 to 21 month guidelines sentence). Then it added four enhancements (Stone even cites the paragraphs of the presentencing report where Probation recommended these enhancements). First, it called for an 8-level enhancement under U.S.S.G. §2J1.2(b)(1)(B), which reads (PDF 243):

If the offense involved causing or threatening to cause physical injury to a person, or property damage, in order to obstruct the administration of justice, increase by 8 levels.

Next, it called for a 3-level enhancement for substantial interference with the administration of justice under U.S.S.G. §2J1.2(b)(1)(2) (meaning, the obstruction worked):

If the offense resulted in substantial interference with the administration of justice, increase by 3 levels.

Probation called for a 2-level enhancement under U.S.S.G. §2J1.2(b)(3)(C) for the extensive nature of Stone’s obstruction:

If the offense … (C) was otherwise extensive in scope, planning, or preparation, increase by 2 levels.

Given a footnote in Stone’s memo (and something ABJ said in the hearing yesterday), it appears that the government objected to the original January 16 recommendation from the Probation office and convinced them to apply this enhancement.

Obstruction of Justice 2 U.S.S.G. §2J1.2(b)(3)(C) 2 level increase ¶77

2 Government’s Objection to Presentence Investigation Report, dated January 30, 2020.

Finally, it called for a 2-level enhancement U.S.S.G. §3C1.1 2 for obstruction of this proceeding (meaning, his prosecution for the original obstruction charge; this is at PDF 367).

If (1) the defendant willfully obstructed or impeded, or attempted to obstruct or impede, the administration of justice with respect to the investigation, prosecution, or sentencing of the instant offense of conviction, and (2) the obstructive conduct related to (A) the defendant’s offense of conviction and any relevant conduct; or (B) a closely related offense, increase the offense level by 2 levels.

The sentencing table can be found at PDF 415. It provides a range of 87 to 108 months for a first time offender, as Stone is.

According to the transcript, however, the final recommendation did not apply the 2-level enhancement for the extensive obstruction. That provides a range for 70-87 months.

Prosecution Recommendation: 87-108 months

In May 2017, Jeff Sessions issued an order stating that “prosecutors should charge and pursue the most serious, readily provable offense,” which are, “by definition … those that carry the most substantial guidelines sentence.” It also stated that, “In most cases, recommending a sentence within the advisory guideline range will be appropriate.”

ABJ noted this policy yesterday in the sentencing hearing.

And that’s what the prosecution team did — recommend the same 87 to 108 months the Probation Office came up with. They justified each of the enhancements in their sentencing memo.

They argued the witness tampering enhancement was justified — even in spite of Randy Credico’s letter asking for leniency — because Credico still expressed fear that Stone’s associates might respond to his threats by attacking him, and because the threat itself triggers the enhancement.

Pursuant to U.S.S.G. § 2J1.2(b)(1)(B), eight levels are added because the offense “involved causing or threatening to cause physical injury to a person, or property damage, in order to obstruct the administration of justice.” As detailed above, as part of Stone’s campaign to keep Credico silent, Stone told Credico in writing, “Prepare to die, cocksucker.” Stone also threatened (again in writing) to “take that dog away from you.” Stone may point to the letter submitted by Credico and argue that he did not have a serious plan to harm Credico or that Credico did not seriously believe that Stone would follow through on his threats. But Credico testified that Stone’s threats concerned him because he was worried that Stone’s words, if repeated in public, might make “other people get ideas.” Tr. 11/8/19, at 795.

In any event, it is the threat itself, not the likelihood of carrying out the threat, that triggers the enhancement. Endeavoring to tamper with a witness can involve a wide range of conduct. This enhancement recognizes that when the conduct involves threats of injury or property damage, rather than simple persuasion for example, the base offense level does not accurately capture the seriousness of the crime. To apply the enhancement, there is no “additional ‘seriousness’ requirement beyond the fact of a violent threat.” See United States v. Plumley, 207 F.3d 1086, 1089-1091 (8th Cir. 2000) (applying § 2J1.2(b)(1)(B) to a defendant who told coconspirators to “‘keep our mouth shut,’ because if anyone cooperated with the police he would ‘kick our ass’”); United States v. Bakhtairi, 714 F.3d 1057, 1061 (8th Cir. 2013) (holding there was no seriousness requirement and applying § 2J1.2(b)(1) to a defendant who wrote a menacing email, displayed a loaded rifle to a law partner, and doctored photographs of witnesses children to “add . . . crosshairs”); United States v. Smith, 387 F.3d 826, (9th Cir. 2004) (applying § 2J1.2(b)(1)(B) to a defendant who threatened to kill a witness and “kick [her] ass,” and noting that § 2J1.2(b)(1) does not contain a “seriousness requirement”).

Prosecutors argued the 3-level enhancement for substantial interference was justified because Stone’s obstruction led HPSCI not to call Jerome Corsi and not to subpoena Corsi and Credico for documents, both of which led to errors in the HPSCI report.

Pursuant to U.S.S.G. § 2J1.2(b)(2), three levels are added because the offense resulted in substantial interference with the administration of justice. Because of Stone’s conduct, the House Intelligence Committee never received important documents, never heard from Credico (who pled the Fifth), and never heard from Corsi (who was never identified to the Committee as the real “back-channel” that Stone had referenced in August 2016). The Committee’s report even wrongly stated that there was no evidence contradicting Stone’s claim that all his information about WikiLeaks was from publicly available sources.

Prosecutors argued that the multi-year effort Stone engaged in merited the 2-level enhancement because of his obstruction’s extensive scope.

Pursuant to U.S.S.G. § 2B1.2(b)(3)(C), two levels are added because the offense was otherwise extensive in scope, planning, or preparation. Stone engaged in a multi-year scheme involving (1) false statements in sworn testimony; (2) the concealment of important documentary evidence; (3) further lies in a written submission to Congress; and (4) a relentless and elaborate campaign to silence Credico that involved cajoling, flattering, crafting forged documents, badgering, and threatening Credico’s reputation, friend, life, and dog. Stone’s efforts were as extensive, if not more extensive, than those of other defendants who received this two-level enhancement at sentencing. See, e.g., United States v. Petruk, 836 F.3d 974 (8th Cir. 2016) (enlisting a friend to create a false alibi and scripting a false confession); United States v. Jensen, 248 Fed. Appx. 849 (10th Cir. 2007) (giving advance notice of testing and falsifying results of tests).

Finally, prosecutors argued for a 2-level enhancement for all the violations of ABJ’s orders during the trial, notably his implicit threat against her.

Finally, pursuant to U.S.S.G. § 3C1.1, two levels are added because the defendant “willfully obstructed or impeded, or attempted to obstruct or impede, the administration of justice with respect to the prosecution of the instant offense of conviction.” Shortly after the case was indicted, Stone posted an image of the presiding judge with a crosshair next to her head. In a hearing to address, among other things, Stone’s ongoing pretrial release, Stone gave sworn testimony about this matter that was not credible. Stone then repeatedly violated a more specific court order by posting messages on social media about matters related to the case.

This enhancement is warranted based on that conduct. See U.S.S.G. § 3C1.C Cmt. 4(F) (“providing materially false information to a magistrate or judge”); see, e.g., United States v. Lassequ, 806 F.3d 618, 625 (1st Cir. 2015) (“Providing false information to a judge in the course of a bail hearing can serve as a basis for the obstruction of justice enhancement.”); United States v. Jones, 911 F. Supp. 54 (S.D.N.Y. 1996) (applying §3C1.1 enhancement to a defendant who submitted false information at hearing on modifying defendant’s conditions of release).

Prosecutors then showed how, under the guidelines, this adds up to an 87 to 108 month sentence.

Accordingly, Stone’s total offense level is 29 (14 + 8 + 3 + 2 + 2), and his Criminal History Category is I. His Guidelines Range is therefore 87-108 months.

Barr Recommendation: 30-46 months

In addition to violating DOJ policy of not deviating downwards from the Probation recommendation, the memo submitted under John Crabb Jr’s name (which his statements yesterday strongly indicate he did not write) offered little justification for why it was deviating from the Probation Office recommendation and never ultimately made a recommendation. But the memo suggested two of the enhancements — the 8-level enhancement for making a threat, and the 2-level enhancement for threatening ABJ — should not apply.

The memo suggested the 8-level enhancement shouldn’t apply, first, because doing so would double Stone’s exposure.

Notably, however, the Sentencing Guidelines enhancements in this case—while perhaps technically applicable— more than double the defendant’s total offense level and, as a result, disproportionately escalate the defendant’s sentencing exposure to an offense level of 29, which typically applies in cases involving violent offenses, such as armed robbery, not obstruction cases. Cf. U.S.S.G. § 2B3.1(a)-(b). As explained below, removing these enhancements would have a significant effect on the defendant’s Guidelines range. For example, if the Court were not to apply the eight-level enhancement for threatening a witness with physical injury, it would result in the defendant receiving an advisory Guidelines range of 37 to 46 months, which as explained below is more in line with the typical sentences imposed in obstruction cases.

It pointed to Credico’s letter to justify ignoring it.

First, as noted above, the most serious sentencing enhancement in this case—the eightlevel enhancement under Section 2J1.2(b)(1)(B) for “threatening to cause physical injury”—has been disputed by the victim of that threat, Randy Credico, who asserts that he did not perceive a genuine threat from the defendant but rather stated that “I never in any way felt that Stone himself posed a direct physical threat to me or my dog.” (ECF No. 273). While Mr. Credico’s subjective beliefs are not dispositive as to this enhancement, the Court may consider them when assessing the impact of applying the enhancement – particularly given the significant impact that the enhancement has on the defendant’s total Guidelines range.

Then, Barr’s memo argued (and this is the truly outrageous argument) that Stone’s attempts to obstruct his own prosecution overlapped with his efforts to obstruct the HPSCI investigation.

Second, the two-level enhancement for obstruction of justice (§ 3C1.1) overlaps to a degree with the offense conduct in this case. Moreover, it is unclear to what extent the Second, the two-level enhancement for obstruction of justice (§ 3C1.1) overlaps to a degree with the offense conduct in this case. Moreover, it is unclear to what extent the

Effectively, this language treated threats against a judge as unworthy of enhancement.

Probably the only part of this memo that really affected ABJ’s sentence was a discussion of avoiding disparities in sentencing, where it mentions Scooter Libby’s 30 month sentence (and Manafort’s obstruction-related sentence, by ABJ, which was just one part of her 7.5 year sentence of him).

Third, the Court must “avoid unwarranted sentencing disparities.” See 18 U.S.C. § 3553(a)(6). In its prior filing, the Government directed the Court’s attention to a non-exhaustive list of witness tampering, false statement, and obstruction of justice cases that resulted in sentences of thirty months (Libby), thirteen months (Manafort), six months (Lavelle), twelve months (Hansen), and thirty-five months (Solofa). While these cases involved lesser offense conduct, the sentences imposed constituted a fraction of the penalty suggested by the advisory Guidelines in this case.

In comments to Lindsey Graham, Bill Barr said he thought the guidelines should say 3.5-4.5 years, slightly more than the guidelines if the witness tampering were removed, but if you eliminate both the witness tampering and obstruction of proceedings enhancement the range would be 30-47 months.

ABJ Guidelines Calculation: 70-87 months

In court yesterday, ABJ started by going through the recommended sentence. Ultimately, she did the following with the guidelines (h/t Andrew Prokop for his great live tweeting):

  • Accepted the 8-level enhancement for witness tampering, but said she’d take Credico’s comments into account
  • Accepted the 3-level enhancement for substantial interference, noting that HPSCI was totally diverted by focusing on Credico
  • Rejected the 2-level enhancement for the extensive nature of Stone’s obstruction (thereby agreeing with the original Probation office recommendation)
  • Accepted the 2-level enhancement for Stone’s obstruction in this prosecution

That works out to a base level of 14 + 8 for the witness tampering threat + 3 for substantial interference + 2 for his obstruction in this prosecution. As ABJ calculated in court yesterday, that amounts to a guidelines offense level of 27, or a guidelines range of 70 to 87 months.

Importantly, these decisions mean ABJ disagreed with both the recommendations made in the Barr memo that she throw out the witness tampering threat and Stone’s interference in this trial (which included the threat against her).

Contrary to what the WaPo lets DOJ claim under cover of anonymity, this in no way vindicates Barr. Rather, it rebukes him, stating that neither of his interventions are valid.

ABJ Sentence: 40 months

Nevertheless, ABJ came up with a sentence of 40 months, a sentence that’s solidly in the range of what Barr wanted (and therefore a sentence he’s on the record as saying is just for Stone’s crimes).

ABJ got there, in part, by taking Credico’s comments into consideration, while still treating Stone’s threat as real. She got there in part by arguing that the sentencing guidelines are “inflated” — something anathema to Bill Barr’s policies at DOJ, and a stance that would say all defendants should be sentenced more leniently, not just Trump’s rat-fucker.

In her sentence, she explicitly said she was ignoring Trump’s comments and comments from the left asking for harsh punishment.

Ultimately, ABJ calculated the guidelines — which she said were inflated (and would be for all defendants) — at 70-87 months. She then sentenced Stone to 57% of the lower end of those guidelines.

And that is what has the frothy right in a tizzy — that she extended Roger Stone the same leniency that she would extend to other defendants, in defiance of Bill Barr’s demands that every defendant not covering up for the President be sentenced harshly.

This is in no way a vindication of Bill Barr. It is also, in no way, abusive.

Update: This has been updated to reflect what the transcript says about the final probation recommendation.

Bill Barr’s Past Statements Say Pardoning Roger Stone Would Be Obstruction

In a piece on Roger Stone’s sentence today, Politico questions how Bill Barr would regard a Trump pardon for Roger Stone.

How Barr would come down on a Stone pardon remains unclear. He’s a staunch defender of executive power and during his first stint as attorney general under President George H.W. Bush advocated for clemency on behalf of several Reagan-era officials caught up in the Iran-Contra scandal. He ultimately pushed for more pardons than the one Bush handed out to former Defense Secretary Casper Weinberger.

“There were some people arguing just for Weinberger, and I said, ‘No, in for a penny, in for a pound,” Barr said in an oral history to the University of Virginia.

The piece doesn’t examine Barr’s past claimed beliefs, though. And if Barr had a shred of intellectual consistency, he would view a pardon as a crime.

Start with the three times, in his confirmation hearing, where Barr said offering a pardon for false testimony would be obstruction.

Leahy: Do you believe a president could lawfully issue a pardon in exchange for the recipient’s promise to not incriminate him?

Barr: No, that would be a crime.

[snip]

Klobuchar: You wrote on page one that a President persuading a person to commit perjury would be obstruction. Is that right?

Barr: [Pause] Yes. Any person who persuades another —

Klobuchar: Okay. You also said that a President or any person convincing a witness to change testimony would be obstruction. Is that right?

Barr: Yes.

[snip]

Lindsey: So if there was some reason to believe that the President tried to coach somebody not to testify or testify falsely, that could be obstruction of justice?

Barr: Yes, under that, under an obstruction statute, yes.

Obviously, Barr already reneged on this view when, after reviewing the facts presented in the Mueller Report — which showed Trump’s team coaching witnesses to hew the party line in the context of pardons. It even showed Trump’s own lawyer, Jay Sekulow, helping to write Michael Cohen’s congressional testimony.

Perhaps Barr imagined that because Mike Flynn ended up cooperating with prosecutors, because Mueller didn’t use the word “directed” with Cohen, because a judge only found Paul Manafort lied while he was pretending to cooperate by a preponderance of the evidence standard, those wouldn’t count if and when Trump pardons them. Maybe he believes that because the investigation started in July 2016 was unfair, it’s no biggie if Trump pardons the people first investigated during the election, Flynn and Manafort.

Two things distinguish Stone, though. First, at a moment when he needed to pretend to care about the legitimacy of his intervention, he fully owned this prosecution.

BARR: Well, as you know, the Stone case was prosecuted while I was attorney general. And I supported it. I think it was established, he was convicted of obstructing Congress and witness tampering. And I thought that was a righteous prosecution. And I was happy that he was convicted.

Barr thought this prosecution, for obstruction and false statements, was righteous. It happened under him, not under Mueller. To say this, he buys off on the premise that Stone indeed did obstruct with his lies.

And, of course, Stone lied specifically to protect the president, to avoid explaining all those calls with Trump about WikiLeaks, to avoid describing what role Trump had in any success Stone had in optimizing the release of the John Podesta emails. He even told Randy Credico that he had to plead the Fifth because Stone couldn’t, because of his ties to Trump.

And perhaps still more significant, Roger Stone altered his testimony, in the form of his opening argument at trial, even after the Mueller Report came out to make it consistent with information Jerome Corsi made available while still protecting the secrets that would most implicate him and Trump. To HPSCI, Stone claimed he had one intermediary, who was Credico, at trial, his lawyers claimed he had two, but they both fooled the old rat-fucker about their ties to WikiLeaks.

Neither of those stories are true, they’re both crafted to protect Trump, Stone made the second lies after an extended discussion of how pardons equate to obstruction, and Barr has said Stone’s conviction for telling the lies is righteous.

Mind you, none of that is going to change the fact that Trump will extend clemency to Stone. It probably just means that Barr will invite some journalist he has known for decades and talk about tweets to distract from the fact that Barr is already on the record saying that what comes next is a crime.

The Slow Firing of Robert Mueller[‘s Replacement]

On December 5, I suggested that Speaker Pelosi delay the full House vote on impeachment until early February. I intimated there were public reasons — the possibility of a ruling on the Don McGahn subpoena and superseding charges for Lev Parnas — I thought so and private ones. One of the ones I did not share was the Stone sentencing, which at that point was scheduled for February 6. Had Pelosi listened to me (!!!) and had events proceeded as scheduled, Stone would have been sentenced before the final vote on Trump’s impeachment.

But things didn’t work out that way. Not only didn’t Pelosi heed my suggestion (unsurprisingly), but two things happened in the interim.

First, Stone invented a bullshit reason for delay on December 19, the day after the full House voted on impeachment. The prosecutors who all resigned from the case yesterday objected to the delay, to no avail, which is how sentencing got scheduled for February 20 rather than the day after the Senate voted to acquit.

Then, on January 6, Trump nominated Jessie Liu, then the US Attorney for DC, to be Undersecretary for Terrorism and Financial Crimes, basically the person who oversees the process of tracking criminal flows of finance. She won’t get that position — her nomination was pulled yesterday in advance of a Thursday confirmation hearing. But her nomination gave Barr the excuse to install a trusted aide, Timothy Shea, at US Attorney for DC last Thursday, the day after the impeachment vote and in advance of the now-delayed Stone sentencing.

Liu, who is very conservative and a true Trump supporter, had been nominated for a more obvious promotion before. On March 5, Trump nominated her to be Associate Attorney General, the number 3 ranking person at DOJ. But then she pulled her nomination on March 28 because Senators objected to her views on choice.

But let’s go back, to late August 2018. Michael Cohen and Sam Patten had just pled guilty, and Cohen was trying to find a way to sort of cooperate. Rudy Giuliani was talking about how Robert Mueller would need to shut down his investigation starting on September 1, because of the election. I wrote a post noting that, while Randy Credico’s imminent grand jury appearance suggested Mueller might be close to finishing an indictment of Stone, they still had to wait for Andrew Miller’s testimony.

Even as a I wrote it, Jay Sekulow was reaching out to Jerome Corsi to include him in the Joint Defense Agreement.

During the entire election season, both Paul Manafort and Jerome Corsi were stalling, lying to prosecutors while reporting back to Trump what they were doing.

Then, the day after the election, Trump fired Jeff Sessions and installed Matt Whitaker. Whitaker, not Rosenstein, became the nominal supervisor of the Mueller investigation. Not long after, both Manafort and Corsi made their game clear. They hadn’t been cooperating, they had been stalling to get past the time when Trump could start the process of ending the Mueller investigation.

But Whitaker only reactively kept Mueller in check. After Michael Cohen’s December sentencing made it clear that Trump was an unindicted co-conspirator in a plot to cheat to win, Whitaker started policing any statement that implicated Trump. By the time Roger Stone was indicted on January 24, 2019 — after Trump’s plan to replace Whitaker with the expert in cover ups, Bill Barr — Mueller no longer noted when Trump was personally involved, as he was in Stone’s efforts to optimize the WikiLeaks releases.

But then, when Barr came in, everything started to shut down. Mueller moved ongoing prosecutions to other offices, largely to DC, under Jessie Liu’s supervision. As Barr came to understand where the investigation might head, he tried to promote Liu out of that position, only to have GOP ideology prevent it.

Barr successfully dampened the impeach of the Mueller Report, pretending that it didn’t provide clear basis for impeaching the President. It was immediately clear, when he did that, that Barr was spinning the Stone charges to minimize the damage on Trump. But Barr did not remove Mueller right away, and the Special Counsel remained up until literally the moment when he secured Andrew Miller’s testimony on May 29.

The next day, I noted the import of raising the stakes for Trump on any Roger Stone pardon, because Stone implicated him personally. That was more important, I argued, than impeaching Trump for past actions to try to fire Mueller, which Democrats were focused on with their attempt to obtain Don McGahn’s testimony.

Still, those ongoing investigations continued under Jessie Liu, and Stone inched along towards trial, even as Trump leveraged taxpayer dollars to try to establish an excuse to pardon Manafort (and, possibly, to pay off the debts Manafort incurred during the 2016 election). As Stone’s trial laid out evidence that the President was personally involved in optimizing the release of emails Russia had stolen from Trump’s opponent, attention was instead focused on impeachment, his more recent effort to cheat.

In Stone’s trial, he invented a new lie: both Randy Credico and Jerome Corsi had falsely led him to believe they had a tie to WikiLeaks. That didn’t help Stone avoid conviction: Stone was found guilty on all counts. But it gave Stone yet another cover story to avoid revealing what his ties to WikiLeaks actually were and what he did — probably with Trump’s assent — to get it. For some reason, prosecutors decided not to reveal what they were otherwise prepared to: what Stone had really done.

Immediately after his conviction, Stone spent the weekend lobbying for a pardon. His wife appeared on Tucker Carlson’s show and someone got inside White House gates to make the case.

But, as impeachment proceeded, nothing happened, as the Probation Office started collecting information to argue that Stone should go to prison for a long while. The day Democrats finished their case against Donald Trump, though, Bill Barr made his move, replacing Liu before she was confirmed, removing a very conservative Senate confirmed US Attorney to install his flunkie, Timothy Shea. But even that wasn’t enough. Prosecutors successfully convinced Shea that they should stick to the probation office guidelines recommending a stiff sentence. When Timothy Shea didn’t do what Barr expected him to, Barr intervened and very publicly ordered up the cover up he had promised.

Effectively, Bill Barr is micro-managing the DC US Attorney’s office now, overseeing the sentencing of the man who could explain just how involved Trump was in the effort to maximize the advantage Trump got from Russia’s interference in 2016, as well as all the other prosecutions that we don’t know about.

Trump has, finally, succeeded in firing the person who oversaw the investigations into his role in the Russian operation in 2016. Just as Stone was about to have reason to explain what that role was.

Timeline

August 21, 2018: Michael Cohen pleads guilty

August 31, 2018: Sam Patten pleads guilty

September 5, 2018: Jay Sekulow reaches out to Corsi lawyer to enter into Joint Defense Agreement

September 6, 2018: In first Mueller interview, Corsi lies

September 17, 2018: In second interview, Corsi invents story about how he learned of Podesta emails

September 21, 2018: In third interview, Corsi confesses to establishing a cover story about Podesta’s emails with Roger Stone starting on August 30, 2016; NYT publishes irresponsible story that almost leads to Rod Rosenstein’s firing

October 25, 2018: Rick Gates interviewed about the campaign knowledge of Podesta emails

October 26, 2018: Steve Bannon admits he spoke with Stone about WikiLeaks

October 31, 2018: Prosecutors probably show Corsi evidence proving he lied about source of knowledge on Podesta emails

November 1 and 2, 2018: Corsi continues to spew bullshit in interviews

November 6, 2018: Election day

November 7, 2018: Jeff Sessions is fired; Matt Whitaker named Acting Attorney General

November 9, 2018: Corsi appears before grand jury but gives a false story about how he learned of Podesta emails; Mueller threatens to charge him with perjury

November 15, 2018: Trump tweets bullshit about Corsi’s testimony being coerced

November 23, 2018: Corsi tells the world he is in plea negotiations

November 26, 2018: Corsi rejects plea

December 7, 2018: Trump nominates Bill Barr Attorney General

January 18, 2019: Steve Bannon testifies to the grand jury (and for the first time enters into a proffer)

January 24, 2019: Roger Stone indicted for covering up what really happened with WikiLeaks

February 14, 2019: Bill Barr confirmed as Attorney General

March 5, 2019: Jessie Liu nominated to AAG; Bill Barr briefed on Mueller investigation

March 22, 2019: Mueller announces the end of his investigation

March 24, 2019: Bill Barr releases totally misleading version of Mueller results, downplaying Stone role

March 28, 2019: Liu pulls her nomination from AAG

April 19, 2019: Mueller Report released with Stone details redacted

May 29, 2019: As Mueller gives final press conference, Andrew Miller testifies before grand jury

November 12, 2019: Prosecutors apparently change Stone trial strategy, withhold details of Stone’s actual back channel

November 15, 2019: Roger Stone convicted on all counts

January 6, 2020: Jessie Liu nominated to Treasury

January 16, 2020: Probation Office issues Presentence Report calling for 7-9 years

January 30, 2020: Bill Barr replaces Liu with Timothy Barr, effective February 3; DOJ submits objection to Presentence Report

February 3, 2020: Timothy Shea becomes acting US Attorney

February 5, 2020 : Senate votes to acquit Trump

February 6, 2020: Initial sentencing date for Roger Stone

February 10, 2020: Stone sentencing memoranda submitted

February 11, 2020: DOJ overrules DC on Stone sentencing memorandum, all four prosecutors resign from case

February 20, 2020: Current sentencing date for Roger Stone

Bill Barr Needs to Soften Roger Stone’s Sentence to Prevent Him from Talking

As noted, after DOJ recommended what Roger Stone’s own memo makes clear is a a guidelines sentence yesterday, top DOJ officials almost certainly named Bill Barr have objected and announced they’re going to lower the recommendation.

I believe the brazenness of this fight may be a reflection of the damaging information Roger Stone may have about Trump’s own conduct.

The trial itself provided ample evidence of what Mark Meadows considers “collusion” involving Donald Trump personally. It showed the campaign — and probably Trump personally — were working through Stone to optimize the WikiLeaks releases from the very day they came out on June 14, 2016. It showed that Stone was informing Trump personally about his efforts to optimize the releases. After some arm-twisting to adhere to his grand jury testimony, Steve Bannon testified he knew of all this, contrary to some of what he had said in earlier testimony that Trump would learn about. Erik Prince was in the loop. Gates testified that Stone was strategizing with Jared Kushner on all this. And it appears that Paul Manafort was in the loop, too.

But all that really damning evidence came out in a trial that only had to prove that Stone had lied to cover up the actions he took to optimize the release of the WikiLeaks emails. The trial did not need to explain what Stone’s actual back channel was, what he had to do to obtain it, and how involved Trump was in that process. And the trial did not explain it.

Indeed, there’s evidence I’ll lay out at more length in a follow-up that the government chose not to lay out all it knew. That is, it appears the government came to trial prepared to present evidence about the underlying “collusion,” but ultimately decided to hold it back for now.

At multiple times during the trial, however, the prosecution pointed to suspiciously timed phone calls, right before or after Stone discussed WikiLeaks with Gates, Manafort, or Jerome Corsi. Only Stone or Trump can tell us what happened between the two men, what Trump’s actual role in maximizing the degree to which his campaign benefitted from Russia’s theft of his opponent’s email.

Immediately after the trial, Stone made an intense effort to get Trump to pardon him, with his wife Nydia appearing on Tucker Carlson’s show to ask directly and a man with a vuvuzela inside the White House calling for a pardon gates.

Since that time, Stone was silent, until the time that the Probation Office provided the sentencing range for the crimes that was built in to the way that Mueller charged this just over a year ago. That is, by charging Stone with witness tampering, Mueller built in the possibility that Stone would be facing the steep sentence recommended yesterday. And that steep sentence may have been envisioned not as the sum of what Stone’s actual actions entailed — certainly every single warrant save the last four showed probable cause that Stone had done far more — but rather as leverage to get Stone to tell what he knows about Trump’s involvement in all this.

Bill Barr was brought in as AG to bury abundant evidence that Trump was personally involved in efforts to maximize the Russian operation, to deny all the ways that Trump did cheat to win. From his initial misleading claims in the wake of the report’s release, he was always suppressing the centrality of Roger Stone in all this.

So it’s fairly safe to conclude that DOJ’s reversal today is not just an effort to prevent a rich white man, Roger Stone, from facing the full consequences of his actions, but to prevent voters from learning what another rich white man did to cheat to get elected.

Yes, ultimately Trump will commute what is left of Roger Stone’s sentence, probably on November 4, just like he fired Jeff Sessions the day after the 2018 election. But I suspect that Roger Stone, rightly, isn’t going to leave anything to chance. And so neither can Bill Barr.

Update: Aaron Zelinsky just quit his position as Special Assistant USA, providing notice to ABJ he’s withdrawing from the case immediately. This likely gives her the opportunity to hear from him, but also frees him up to testify before HJC. And these several steps — the harsh sentence in witness tampering and the possibility that Zelinsky would quit, creating the opportunity for transparency about the case in one or another place, probably has been built in from Barr’s first efforts to shut down this investigation.

Update: Now all four prosecutors are off the Stone team, with Acting DC Criminal Division Chief John Crabb Jr (who replaced the existing CD Chief yesterday) signing a memo that makes a flaccid case that Stone’s guidelines were totally out of whack. Of the four, it appears that Jonathan Kravis left DOJ entirely.

The Frothy Right’s Redaction-Ray Glasses in Defense of Roger Stone

Update: As Fox first reported and WaPo has written up, the highers up at DOJ have now announced they’re going to change the sentencing guidelines submitted last night. This means they’re arguing that Stone should not have the guidelines sentence submitted by the Probation Office.

As noted yesterday, I think prosecutors larded on upward enhancements in their sentencing memo for Roger Stone — though as Stone’s own sentencing memo makes clear, those enhancements came from the Probation Office.

But in Stone’s argument — and that of his acolyte, Chuck Ross — against those enhancements, they just make shit up, including but not limited to the Mueller Report.

Stone invests much, for example, in a claim that Mueller had access to both Jerome Corsi and Randy Credico (but doesn’t mention that he has repeatedly said he would not cooperate with any investigation, which is precisely the point, and probably one reason prosecutors are asking for a harsh sentence).

As discussed above, the Office of the Special Counsel had access to both Jerome Corsi and Randy Credico, as well as to the communications between Stone and each of them, and found no evidence of any connection to Russia. Stone’s convictions for obstruction of justice and witness tampering should similarly be viewed in the broader context of the investigation. In other words, Stone stands convicted for having sought to conceal information ultimately determined to be of no investigative value. Neither Corsi, nor Credico, nor any of their communications provided any useful information in the investigation into election interference.

Stone’s buddy, Chuck Ross, goes further, utterly misstating the results of various investigations.

Despite Democrats’ and the special counsel’s initial suspicions that Stone conspired with Russia or WikiLeaks, investigators found no evidence that the Trump associate had direct contact with anyone involved in stealing or disseminating Democrats’ emails.

The special counsel’s report said that investigators found no evidence that any Trump associates worked with Russia or WikiLeaks to release Democrats’ emails.

Both are absolutely, brazenly lying about the record.

I guess both stances were necessary to justify Trump’s wails of injustice.

In both the GRU indictment and the Mueller Report, Mueller showed that Stone did have direct contact with someone involved in the dissemination of Democrats’ emails, Guccifer 2.0. And even the unredacted parts of report show that witnesses said Stone had knowledge of emails before they were released and the ultimate transfer of the ones he knew of, the Podesta emails, remained undetermined back in March 2019.

Plus, neither Stone nor Ross have the basis to make such claims, unless they have x-ray vision (and unless Stone violated his protective order by sharing with Ross).

There are significant sections (this is page 57) — which remains redacted for us but which Stone got in unredacted fashion and Judge Amy Berman Jackson reviewed closely in response to Stone’s effort to get the entire report in unredacted fashion — that likely lays out how important it would be to have truthful testimony from Stone.

And there are sections that Stone has not seen in unredacted fashion at all, such the entirety of page 177 (or the ongoing and referred prosecutions, three of which pertain to Stone’s trial).

More amusing still, further claims that Stone makes actually undermine his point. He compares two Senate Intelligence Reports on entirely different subjects to claim his false testimony didn’t harm the House Intelligence Committee’s ability to find the truth.

It is speculation that HPSCI’s Report on Russian Active Measures, released March 22, 2018, is “erroneous.” To the contrary, the “Report of the Select Committee on Intelligence United States Senate on Russian Active Measures Campaigns and Interference in the 2016 U.S. Election,” Volumes 1 and 2, and the Special Counsel’s “Report on the Investigation Into Russian Interference in the 2016 Presidential Election,” Volumes I and II, made findings consistent with those found in the publicly available, redacted HPSCI Report. In other words, even had Stone testified differently and even had Credico testified before HPSCI, the conclusions drawn in its report would not have been materially different.

Thus, Probation’s claim that the HPSCI Report “lacked valuable information which would have been provided by witnesses who chose not to testify” (PSR ¶77) grossly overstates the importance and significance of Roger Stone (and Randy Credico).

Not only has SSCI not released their report on Trump’s possible coordination with WikiLeaks yet (and it is likely to be shown to have shortcomings when it is finally released), but a report released last week (in time to be cited in this memo) suggests there’s far more we don’t know about both WikiLeaks and Guccifer 2.0.

From there, Stone makes much of where Credico’s testimony shows up in the Mueller Report, without mentioning the significant passages where Corsi’s (still redacted to us) testimony makes clear the big questions remaining about Stone’s role.

In the end, Credico was mentioned on five pages of the Special Counsel’s Report, not mentioned in either volume of the Senate Intelligence Report, and not mentioned at all in the HPSCI Majority Report. He was mentioned on two pages of the HPSCI Minority Report, where they noted that Stone identified Credico to the Committee.

Ultimately, though, as has been true in the past, the specific forms of Stone’s denials are as interesting that he’s making them.

In the end, the investigations yielded no evidence of the involvement of any American with the Russian government or any agent operating on its behalf to interfere in the 2016 election. It is also undisputed that Roger Stone had nothing to do with obtaining the compromised emails or providing them to WikiLeaks.

Just on its face and based off unredacted passages, the first is questionable, as the Mueller investigation provided ample evidence that WikiLeaks served as an agent of Russia, and Stone has obstructed the true nature of his ties to WikiLeaks. Given the uncertainty regarding how the Podesta emails got to WikiLeaks — and Craig Murray’s claims to have been involved in that process with someone telling similar bogus stories to the ones Stone is still telling — it is far from undisputed that Stone had nothing to do with the process. Plus, this trial was not about whether he provided them to WikiLeaks; it was about whether he optimized their release via some cutout.

Jerome Corsi’s Descent into Madness

Among the Mueller documents released to BuzzFeed under FOIA the other day are five of Jerome Corsi’s six interview reports (called 302s). Two 302s from Ted Malloch were released as well. I suspect these were released now so that they could be released after Roger Stone’s trial, but before the gag order Amy Berman Jackson imposed is lifted when Stone is sentenced next month, meaning it was a convenient way to hide information behind b7ABC redactions for an ongoing investigation.

While some are heavily (and in one case, entirely) redacted, the reports read in conjunction with Corsi’s book provide a glimpse of what Mueller’s team was focused on in 2018 as they tried to finalize charges against Roger Stone.

Corsi’s “cooperation” can be broken into three periods. From September 6 to 21, Mueller’s team got Corsi to stop lying about his role in Roger Stone’s attempt to learn about WikiLeaks’ releases and testify to the grand jury that a report he did on August 31, 2016 was a cover story Stone asked him to write on August 30. From then until November 2, Mueller’s team unsuccessfully tried to get Corsi to tell them his (or Stone’s) source of information about WikiLeaks’ drops. In response, they tried to use false statements charges to get him to cooperate, but after the election, Jeff Sessions’ replacement with Big Dick Toilet Salesman Matt Whitaker, and some intervention from Trump, Corsi refused to cooperate on November 26.

While there’s a ton that’s still redacted, it seems that Corsi revealed a lot of details about how he and Stone tried to cover up what they were doing in August 2016, but not the stuff they were trying to cover up. Which may be why the government charged Stone just for that cover-up.

Corsi’s claims about joint defense agreements

In his book, Corsi provides an illogical explanation for why he purported was comparing notes with Trump’s lawyers, but not Stone’s.

September 5, 2018: He immediately precedes the description of his first trip to DC to meet with Mueller’s team with an explanation that Jay Sekulow had reached out to his lawyer, David Gray, to offer to enter into a Joint Defense Agreement. Contextually, Gray’s call to accept Sekulow’s offer may have been placed the night before they went to DC.

September 6: First interview (Zelinsky, Goldstein, Rhee)

In the first interview, Corsi attempted to (and publicly said in advance he would) testify that Stone had asked him to break the law, but he had not done what Stone requested. After going through background about how Corsi met Trump, some people on his campaign, and Stone, Aaron Zelinsky made it clear that they had proof Corsi had done what Stone requested. That led Gray to ask prosecutors excuse Corsi’s false testimony because he didn’t have his emails, so hadn’t been able to review what really happened. After Gray offered to have Corsi restore his emails and review what really did happen, they broke for the day.

The unredacted parts of the 302 contradict Corsi’s claims about two topics: how many FBI Agents were in his interview (the 302 appears to show just two) and who started a discussion about recording the interview. According to the 302, Corsi’s lawyer did — and asked to record the interview himself, which led Mueller’s team to ask whether he or Corsi were taping the interview and whether they had recorded their conversations with the FBI Agent who had picked them up. After this discussion in the 302, there’s a long redaction that may pertain to the terms on which Corsi shared his devices.

Much of the unredacted interview includes Corsi’s background, including how he came to move from WorldNetDaily to InfoWars, though this passage redacts Stone’s name for ongoing investigation reasons.

The unredacted passage describes Corsi’s description of visiting Trump campaign headquarters in June. He does not, at least in the unredacted passages, reveal something that he revealed in his book: that he met Trump there, who said, “That’s trouble there.” The 302 includes a detail that isn’t in his book though: that he had extensive interactions with Michael Cohen, who “relayed messages to Trump” for him.

The 302 redacts Corsi’s description of how he came to know Stone, and his claims about what happened in July and August 2016.

Which leads to this description of interacting with Sam Clovis about Ted Malloch.

Around the same time, Corsi told Sam Clovis about Malloch. Clovis was being ignored by the campaign and his foreign policy team was failing. Corsi never met with Clovis in person, but Clovis knew of Corsi’s work.

In his book, Corsi provides a version of something that’s totally redacted (for ongoing investigations) in the 302: how he claimed he did not respond to Stone’s request to try to find out what Julian Assange had.

“As I result of that experience, I told Stone, ‘No,’ that I would not contact Assange or ask anyone to get in touch with Assange,” I explained. “I knew that from the moment I contacted Julian Assange, I would be under investigation from several different intelligence agencies, including those of the U.S. government.” Besides, I asserted to Mueller’s team, even if Assange had told me what Democratic National Committee emails he had and what he planned to do with them, no one would believe me. I argued that I had decided to wait until Assange published the emails. Then, I could write about the stolen emails without being involved in an investigation.

In response to this lie, Zelinsky told Corsi they had proof that he did actually respond (which was an email he forwarded to Ted Malloch on July 25).

The 302 includes (but redacts) some things Corsi said to the FBI Agent who drove him back to his hotel; he said he asked them for help figuring out what proof Zelinsky had that he had actually responded.

In Corsi’s book, he explains how the night after he testified, one of Stone’s lawyers called David Gray. Corsi describes the dilemma he faced about whether to respond (which, he claimed, he worried would leak) or not to (which, he worried, would make Stone think he flipped on him). Ultimately they claim they told Stone’s lawyer, “We decline, for now,” to tell him what happened. Even assuming this is true, Corsi doesn’t reveal whether they later did tell Stone what was going on in his interviews. Effectively Corsi would like you to believe he had no problem sharing notes with Trump but he thought it would be a problem to share them with Stone.

The day after his interview, Agents return his devices, and he describes restoring his emails from 2016. He describes “discovering” the July 25 email (but not, allegedly, the August 2 one or an August 15 one that clearly pertains to WikiLeaks files, nor an August 16 one to Ted Malloch discussing Putin). He also “discovers” an August 15 story he wrote about Stone.

Note: it’s bullshit that he didn’t have the July 25 and August 2 emails. On April 3, 2017, Stone lawyer Grant Smith had sent Corsi what he claimed were the only two emails discussing a request between them.

This got sent while Corsi and Stone were further elaborating on his cover story, so might have been interpreted as a code not to mention Corsi’s response or an August 15 email from him reflecting further knowledge of what emails would drop.

September 17: Second interview (Zelinsky, Rhee, Goldstein)

In any case, at the beginning of the next interview on September 17, per Corsi’s book, Zelinsky told Grey they have specific knowledge that Corsi predicted the Podesta emails and had some effect over their release in October.

In this interview, per his book, Corsi admits he told Stone that the Podesta emails were coming, but claimed not to know who told him about them. The unredacted parts of the 302 seem to show some of what explanation he gave, including his ties to Ted Malloch. The 302 shows Corsi admitting he spoke with Malloch (on Facetime), did not recall Malloch ever providing information from Assange.

The 302 describes Corsi claiming, “[M]any people were interested in Corsi getting in touch with Assange.” That’s probably true, as his WND editor wanted him to interview Assange. But I wonder if it reflects speaking to Trump about it.

Corsi also explained that he had additional ties to the Trump campaign, via Kellyanne Conway and Stephen Miller, the latter of whom is particularly interesting, given his ties to white supremacist culture.

The 302 redacts all of Corsi’s bullshit claims not to know who told him about the Podesta emails.

September 21: Third interview (Zelinsky, Rhee, Goldstein), proffer signed

Corsi’s third interview took place at the DC Courthouse, just before he testified for half an hour before the grand jury. Over the course of the interview, his lawyer asked for a proffer to protect Corsi for being charged with suborning perjury for writing part of Stone’s cover story.

The interview started with Corsi repeating his bullshit story about telling Stone that Podesta’s emails were coming (which is redacted in the 302), but claiming that he didn’t know his own source for that information.

Corsi said, as of August 2016, he had watched and seen Podesta for a long time. Corsi thought WikiLeaks would release Podesta’s emails serially in order to continually feed the news cycle, as opposed to dropping all the information at once. Corsi also thought Julian Assange (Assange) would designed the release of Podesta’s emails to be an “October surprise.”

After that the interview turned to Corsi’s claims in an email (which Mueller was never able to determine the truth of) to have been responsible for WikiLeaks releasing the Podesta emails to stomp on the Access Hollywood video. In this interview, he stated he had no input over that release.

The 302 redacts the discussion of the cover story Corsi helped craft on August 30, but shows the process of Mueller’s team verbally and then later writing up a proffer protecting Corsi from any criminal exposure for doing that.

10:50 AM: SCO enters into a verbal proffer (Corsi’s lawyer realizing his client was at risk for cover-up)

Corsi’s discussion of Ted Malloch is totally redacted (Corsi told Malloch in August that he knew the Podesta emails were coming).

There’s a partly redacted discussion of Corsi’s relationship to someone whose name is redacted. It likely relates to Brexit (because it mentions the EU), and it appears someone offered Corsi a job, which Corsi claims felt like a con-job.

Then interview moves to someone Russian he knows (redacted with b7A but not B, suggesting it was counterintelligence). That discussion appears before the 302 notes that, “Corsi said many people contact him and he doesn’t always know who they are.”

Some of the discussion about October 7, the Podesta email release, is redacted. But there’s a great deal of bullshit claims about how Corsi got the emails released via the strength of his own tweeting.

Corsi was convinced, however, it was through his efforts that WikiLeaks released Podesta’s emails when they did.

Finally, this passage is likely a reference to Stone trying to coach Corsi’s testimony, though the redacted name is likely not Stone’s (because it’s not redacted for b7ABC). Given that one of Stone’s lawyers called him on September 6, it seems likely it was one of the lawyers (possibly Grant Smith by length and his seeming role in Stone’s cover stories). Note he may be trying to move Corsi back to the Credico cover story.

This passage — and the references to Trump getting reports on his testimony — is all the more weird given that his lawyer probably was in close contact with Sekulow during this process (Sekulow doesn’t seem to fit based on length).

After Corsi gave testimony about the August 30 cover story to the grand jury, Mueller’s team told him he might be called back to talk more about his source.

October 22: In the middle of this process, I wrote a post arguing that Stone and Corsi appeared to have not just gotten news of Podesta’s emails, but got the actual emails in advance. I’m sure Mueller’s team had far more evidence to get there on their own, but I find this post worth marking.

October 25:  Before they brought Corsi back again, they interviewed Rick Gates on WikiLeaks stuff, including asking why he got sent Corsi stuff. (PDF 39)

October 29: The FBI finished the first batch of Corsi’s 302s, from September 6, 17, and 21, on October 29, also before he was called back.

October 31: Proffer continued.

DOJ did not release the October 31 Corsi 302 (though it’s supposedly going to come out in a January 17 production). Corsi’s book discusses his testimony from October 31, November 1, and November 2 all in one bunch. But it seems clear that on October 31, the prosecutors showed him more records showing that he was lying about his source for Podesta.

November 1 (Rhee, Goldstein, Zelinsky, Atkinson for some of the interview): Proffer continued

This is the one interview where Rush Atkinson showed up for parts of the interview, which is interesting given that he worked on the Russian side of the investigation.

The interview starts with Corsi shifting his story yet again, claiming he did not remember a lot of what he was shown the day before, so he “realized that the way he wanted to remember things was not actually how things happened.” The interview discusses a bunch of redacted stuff, then again Corsi admitted he, “had been lying to himself to believe his own cover story.”

The discussion then turns to Ted Malloch, interspersed with discussions about WND. He clearly invents another story about how he learned about Podesta’s emails (which Corsi lays out in his book). After more redacted material, the 302 reveals that, rather than (or in addition to) asking Assange about Bernie’s brother on August 16, 2016 — a request Stone had made of him in July — he also mentioned Putin. (!!!)

Corsi did not remember sending Malloch an email on August 16, 2016 about Putin.

This leads directly into a discussion claiming his October 6, 2016 story on John Podesta — which I argued in my October 22 post suggested Corsi had already seen the Joule Holding emails that WikiLeaks would not release until October 11 — is just his August 31 cover story report.

Corsi published the August 31, 2016 memo on October 6, 2016. At that time, he still held himself out as the connection to WikiLeaks. The trigger for the release of the article was the publication of an article about [Paul] Manafort and [Viktor] Yanukovych. Corsi wanted to counter it with a story about Podesta, but he really wanted to provide stimulus to Assange to release whatever he had on Podesta. Corsi was angry with Assange for not releasing emails on October 4, 2016.

The interview then returns to events of October 7, with Corsi again offering some story for how he forced Assange to optimize the release of those Podesta emails. The unredacted parts of this show Corsi equivocating about what he did and did not have a clearly memory of, just as he lays out in his book. But in this case, he admits he did not deserve credit for optimizing the release; the paragraph is half redacted, suggesting maybe he says Stone should get credit for it.

The interview reveals that Corsi met with Malloch and another person on January 7, 2017; but he did not recall any conversation about WikiLeaks, Stone, or Assange

From there, prosecutors made Corsi walk though the March 2017 version of his August 31 report to explain where each bit came from.

The 302 then describes Corsi [going] through the [March 2017 cover story] “Blame Me!” article and said [redacted] Paragraphs three through six were pulled from the Schweitzer report. Over a page is redacted here, which probably pertains to the ongoing cover-up that he and Stone engaged in.

The interview ends with a discussion of his work changes, most notably the move from WND to DCI and InfoWars, which paid better. Whereas an earlier 302 redacts that it was Stone who got Corsi his job, this one reveals that, “Stone told Corsi that WND was not big enough for him and he should work for Jones.” He also revealed he “did not get paid by InfoWars directly.” There were reports that prosecutors were investigating whether this was a means to bribe Corsi to remain silent, which they would later return to. Corsi stopped working for DCI in March or April 2018.

Interspersed in all this, Corsi described Malloch trying to get him involved in a Turkey contract.

November 2: Proffer continued (Rhee, Zelinsky, entirely redacted)

The November 2 302 is entirely redacted (and shorter — just a page long), aside from the boilerplate language that revealed that for the first time, Goldstein did not attend the interview, perhaps because Corsi was just flinging bullshit on most topics.

November 6: Election day.

November 7: November 2 Corsi 302 finished, Sessions gets fired.

November 8: On his podcast, Corsi suggests something big is going down with Mueller/

November 9: Corsi appears before the grand jury and doesn’t give the answer — regarding how he learned that WikiLeaks would release John Podesta’s emails — that prosecutors expected; they told him they were going to charge him with perjury.

November 12: On his podcast, Corsi says he expects to be indicted; a huge media frenzy follows.

November 13: The media frenzy continues until (Corsi claims), moments before starting an MSNBC interview, his lawyer tells him to call it off.

November 13: Plea first offered.

November 14: November 1 Corsi 302 finished.

November 15: Trump tweet apparently reflects Corsi’s claim of prosecutors yelling at him to give specific testimony they seek.

November 18: According to Corsi’s book, he wrote his delirious rant on how he guessed the Podesta emails would be dumped on this date. It is clearly a cover story preparing to reject the plea deal.

November 23: Corsi goes to the WaPo (off the record), AP, and MSNBC (the latter two both on the record) to tell them he is in plea negotiations.

November 25: Zelinsky writes letter on plea deal.

November 26: Corsi announces he has been offered, but will reject, a plea deal to one count of perjury, accuses Mueller of Gestapo tactics, and claims he will file a complaint with Whitaker.

As I disclosed in 2018, I provided information to the FBI on issues related to the Mueller investigation. 

While Republicans Continue to Claim Collusion Didn’t Happen, George Papadopoulos Labeled Roger Stone’s Actions as Treason

As part of its claim that the FBI withheld exculpatory information in Carter Page’s FISA application, the DOJ IG Report described George Papadopoulos’ interactions with Stefan Halper in mid-September 2016. When Halper twice asked Papadopoulos, “whether help ‘from a third party like Wikileaks for example or some other third party like the Russians, could be incredibly helpful’ in securing a campaign victory,” Papadopoulos categorically denied the campaign would reach out to WikiLeaks.

Well as a campaign, of course, we don’t advocate for this type of activity because at the end of the day it’s, ah, illegal. First and foremost it compromises the US national security and third it sets a very bad precedence [sic] …. So the campaign does not advocate for this, does not support what is happening. The indirect consequences are out of our hands…. [F]or example, our campaign is not. .. engag[ing] or reaching out to wiki leaks or to the whoever it is to tell them please work with us, collaborate because we don’t, no one does that…. Unless there’s something going on that I don’t know which I don’t because I don’t think anybody would risk their, their life, ah, potentially going to prison over doing something like that. Um … because at the end of the day, you know, it’s an illegal, it’s an illegal activity. Espionage is, ah, treason. This is a form of treason …. I mean that’s why, you know, it became a very big issue when Mr. Trump said, “Russia if you’re listening …. ” Do you remember? … And you know we had to retract it because, of course, he didn’t mean for them to actively engage in espionage but the media then took and ran with it.

When asked a second time, Papadopoulos called that “collusion.”

No one’s looking to … obviously get into trouble like that and, you know, as far as I understand that’s, no one’s collaborating, there’s been no collusion and it’s going to remain that way. [my emphasis]

When Papadopoulos has described this previously, he claimed he also denied having anything to do with Russia. If he did, it would be a lie. The very dates he was in London meeting with Halper, Papadopoulos had intended to conduct a secret meeting with Russia, something he failed to fully explain to Mueller. Even two weeks later, Papadopoulos was sharing an anti-sanction column in the Russian site Interfax with Joseph Mifsud.

It’s unclear whether Papadopoulos really believed that the campaign was not and would not coordinate with WikiLeaks. The most likely person he would have told that Russia planned to drop emails on Hillary back in April 2016 would be Stephen Miller, whom he emailed the day after learning of the emails and said, “Have some interesting messages coming in from Moscow about a trip when the time is right.” According to Rick Gates’ testimony at Roger Stone’s trial, Miller was one of several people with whom he brainstormed months later on how to optimize the WikiLeaks releases.

Q. Without saying what they said, who was involved in those brainstorming sessions about what to do if information was leaked?

A. Sure. It was Mr. Manafort; myself; Mr. Jason Miller, who was our director of communications; and Mr. Stephen Miller, who was our director of policy at the time.

According to the DOJ IG Report, the investigation team believed Papadopoulos had rehearsed his answer to Halper (and indeed, the Mueller Report makes clear that in the wake of Trump’s “Russia, are you listening” comment, everyone but Manafort stopped pursuing previous plans to reach out to Russia).

Case Agent 1 told the OIG that Papadopoulos’s “response to the direct questions seemed weird” to the Crossfire Hurricane team because it “seemed rehearsed and almost rote.” Case Agent 1 added that at these points in the conversation, Papadopoulos “went from a free-flowing conversation with [Source 2] to almost a canned response. You could tell in the demeanor of how [Papadopoulos] changed his tone, and to [the Crossfire Hurricane team] it seemed almost rehearsed.”

Whether or not he lied about knowing about “collusion,” which he defined to include reaching out to WikiLeaks, Papadopoulos defined doing so as treason. He’s wrong, but that is, apparently, what he said.

And less than a month ago, the government laid out evidence that Roger Stone had attempted to reach out to WikiLeaks via cut-outs, including Jerome Corsi. At the trial, the government did not disclose how Corsi and Stone had learned of the John Podesta emails in advance, but Stone invented yet a new cover story for the trial to continue to deny that he had done so, this time that Corsi had been lying about obtaining such information, just like Credico.

Absent a pardon, Stone is headed to prison because he refused to reveal what really happened in July and August 2016.

And whatever it is that Stone is hiding, what’s clear is he definitely tried to reach out to WikiLeaks, something that Papadopoulos claimed to consider treason.

Stone did so with the enthusiastic encouragement of Donald Trump.

During the impeachment “debate,” Republicans on the House Judiciary Committee just repeated over and over that the Mueller Report showed no “collusion.” But the facts show that, at least according to Papadopoulos’ definition, it did.

As I disclosed last year, I provided information to the FBI on issues related to the Mueller investigation, so I’m going to include disclosure statements on Mueller investigation posts from here on out. I will include the disclosure whether or not the stuff I shared with the FBI pertains to the subject of the post. 

The Trump-Mueller Answer the Stone Trial Really Implicates: Pardoning Assange

A bunch of media outlets responded to Rick Gates’ testimony in the Roger Stone trial — describing how Donald Trump got off a call with Roger Stone on August 31, 2016 and told him WikiLeaks would release more emails — by arguing that Gates’ testimony is proof that Trump lied to Robert Mueller about the subject.

I recall that in the months leading up to the election there was considerable media reporting about the possible hacking and release of campaign-related information and there was a lot of talk about this matter. At the time, I was generally aware of these media reports and may have discussed these issues with my campaign staff or others, but at this point in time – more than two years later – I have no recollection of any particular conversation, when it occurred, or who the participants were.

I do not recall being aware during the campaign of any communications between the individuals named in Question II (c) [Roger Stone, Donald Trump, Jr., Paul Manafort, or Rick Gates] and anyone I understood to be a representative of WikiLeaks or any of the other individuals or entities referred to in the question.

[snip]

I was in Trump Tower in New York City on October 7, 2016. I have no recollection of being told that WikiLeaks possessed or might possess emails related to John Podesta before the release of Mr. Podesta’s emails was reported by the media. Likewise, I have no recollection of being told that Roger Stone, anyone acting as an intermediary for Roger Stone, or anyone associated with my campaign had communicated with WikiLeaks on October 7, 2016.

I do not recall being told during the campaign that Roger Stone or anyone associated with my campaign had discussions with any of the entities named in the question regarding the content or timing of release of hacked emails.

I spoke by telephone with Roger Stone from time to time during the campaign. I have no recollection of the specifics of any conversations I had with Mr. Stone between June 1.2016 and November 8, 2016. I do not recall discussing WikiLeaks with him, nor do I recall being aware of Mr. Stone having discussed WikiLeaks with individuals associated with my campaign, although I was aware that WikiLeaks was the subject of media reporting and campaign-related discussion at the time.

But these are very carefully crafted answers, as they disclaim any memory of the requested details rather than — ever — claiming they didn’t happen. Unlike Trump’s answers on Trump Tower Moscow, he did not subsequently make clear he has distinct memories of Roger Stone’s boasts about having advance knowledge of WikiLeaks releases, both publicly and in private calls with Trump.

So I don’t really think that’s the most important Trump response given evidence presented at the Stone trial. Rather, a more potentially damning one pertains to the way a shared support for Julian Assange lurks behind the relationship between Randy Credico, Margaret Ratner Kunstler, and Roger Stone.

Credico wanted — and still wants — to rebut any “collusion” claims

Credico had long been hostile to any investigation of Stone’s ties to Assange. When Jerry Nadler started asking questions (of Jim Comey) about Stone’s ties to Assange in September 2016, Credico accused Nadler of McCarthyism.

In early January, 2018, Credico texted to Stone that he would do an interview with Michael Isikoff to make it clear that Assange was “not colluding.”

Much later — indeed, to this day — Credico would go to great lengths to try to rebut claims that Assange was “colluding.”

Credico’s WikiLeaks focus in responding to the subpoena

When HPSCI asked for first voluntary then compelled testimony. Credico responded by sharing the subpoena with a network of people — including Craig Murray, Ray McGovern, Jess Radack, Thomas Drake, Bill Binney, Stefania Maurizi, Colleen Rowley, and Noam Chomsky — with an affinity and in many cases close ties to WikiLeaks. Stone was, at that point, just one of 18 people Credico thought to alert, and the defense made much of the other recipients of Credico’s email releasing the subpoena.

Credico would go on to do as Stone had requested in response to the subpoena, plead the Fifth to avoid testifying before the House Intelligence Committee. On the stand at trial, Credico explained that a “lot of people” had a role in that decision, “amongst them, Mr. Stone.”

The defense, however, tried to suggest that Kunstler (who testified she represented WikiLeaks as an organization and had represented Sarah Harrison for four years) had a role in this decision. They got Credico to admit that Kunstler gave him legal advice, but was not his lawyer. And they got Kunstler to admit that she said she was at a meeting with several lawyers when Credico got a subpoena. That falls far short of saying she advised him to dodge the subpoena, but that’s certainly what the defense tried to insinuate.

Even if she had suggested that Credico, who is a friend of hers, should avoid testifying, none of that is untoward (it’d be the equivalent of bmaz telling me to shut the fuck up about any of my own legal issues, which he does constantly). It just suggests that Credico’s immediate focus in 2017 was on protecting Assange, not necessarily protecting Stone.

The shared interest in pardoning Assange

But this whole relationship was intertwined with an apparent shared interest in pardoning Assange. Right in the middle of Credico’s claims about what WikiLeaks was up to in early October 2016, for example, on October 3, he pushed Stone to get Trump to back asylum for Assange.

Then there are the exchanges on the topic that MoJo reported on a year ago from early January 2018.

In the wake of Stone’s successful effort to get Credico to plead the Fifth, the President’s rat-fucker suggested that if Credico publicly revealed that he couldn’t be Stone’s back channel, it might screw up efforts he claimed he was making to get Assange a pardon.

They resumed the discussion about a pardon several days later, when Stone sent Credico Jerome Corsi’s story on Ecuador’s grant of a diplomatic passport to Assange.

Remarkably, given what has transpired since, Credico informed Stone that the British government was not honoring the diplomatic passport, observed that “Infowars ” — which in this case would be Corsi — “doesn’t know what they’re talking about,” then taunted, ‘Maybe your back Channel knows more than I do.”

The current operative story, of course, is that Corsi was the backchannel, though Credico wouldn’t have known that at the time.

It’s certainly possible that Stone was blowing smoke, raising something he knew Credico cared deeply about, pardoning Assange, to get him to toe the line. It’s likely, too, he was just taking reporting on efforts made in late 2017 to liberate Assange and claiming credit for it.

But at the very least, it shows that Stone used a pardon for Assange — something Credico still spends a lot of time pushing — as leverage to try to get Credico to sustain his cover story.

Kunstler was a key point of pressure for Stone

Which is one of the reasons I find the new details about how Stone’s threatened Kunstler to be interesting.

Per evidence submitted at trial, Stone used several different tactics to pressure Credico to testify (or not) in certain ways, including:

  • Telling him to take the Fifth
  • Telling him to pull a Frank Pentangeli (meaning, to testify falsely)
  • Offering to pay for his lawyer in late 2017
  • Sending him some work in early 2018
  • Threatening Bianca (a threat Credico said he didn’t take very seriously)
  • Making threats of violence of exposure
  • Threatening Margaret Kunstler

Ultimately, per his testimony, Credico changed his stance on testifying so as not to be Stone’s fall-guy (and because he didn’t want to be blamed for Trump’s election). But according to (live texts of) his testimony, a really big part of that change was that Stone threatened Kunstler. Credico testified he, “didn’t want to drag her name though this.”

On March 10, 2018, Stone responded to Credico alerting him that he was going to go on Chris Hayes’ show by forwarding the September 2016 email chain in which Credico feigned helping Stone figure out if WikiLeaks had certain Libya-related emails and threatening, “If you go on with Chris Hayes be sure to mention this,” which would have exposed that Credico did at least appear to respond to Stone’s request for help. On May 21, 2018, Stone responded to a Credico email saying “you should have just been honest with the house intel committee” by threatening, “Keep running your mouth and I’ll file a bar complaint against your friend Margaret.”

Mostly, raising Kunstler would invoke two details Stone knew about. First, some time on or before August 25, 2016, Kunstler passed on Credico’s request to have Assange on his drive time show. She was the person who got WikiLeaks to consider the August 25, 2016 interview that lay a the core of Credico and Stone’s wavering claims that Credico might have inside knowledge. On the stand, Kunstler said that was the first and only time she passed on a request to WikiLeaks on Credico’s behalf.

Then, after some badgering from Stone, on September 2016, Credico sent her the package of information Stone had shared on what he claims was an effort by Hillary to prevent Moammar Qaddafi from stepping down to avoid the Libyan war, BCCing Stone. Significantly, Stone’s lawyers made a point of getting Kunstler to clarify that she did not learn that email had been BCCed with Stone until prosecutors showed it to her in an interview. And it’s true that nothing about the package would have identified it as a Roger Stone smear.

Kunstler testified that she ignored the email and got pretty pissed about it, because that’s not the kind of thing she would do with clients.

Those two details made it clear that Kunstler was Credico’s link to Assange, that she had succeeded in sharing a request from Credico when it served Assange’s interest, but that she wouldn’t consider serving as a source of information about Assange and upcoming leaks.

But in a little noticed response, Credico revealed that he put Stone in touch with Kunstler after the election to talk about a pardon for Julian Assange. I double checked. That happened in late 2016.

Again, there’s absolutely nothing untoward about this. Kunstler represented WikiLeaks and any smart lawyer would push for a pardon for her client. Credico’s relationship with Stone was already public (though it’s unclear whether Kunstler knew of the whole back channel stuff yet, given that she may not  have known the Libya request came from Stone). But it adds an important wrinkle to the year-long Trump flunkie effort to get Assange a pardon.

We know that sometime after the October 2016 WikiLeaks dump, Mike Flynn was part of a conversation where Trump’s team discussed reaching out to WikiLeaks (something that didn’t get mentioned at all at Stone’s trial). Credico’s introduction of Kunstler to Stone would have come around the same time that Assange himself DMed Don Jr asking to become an Ambassador of sorts.

Hi Don. Hope you’re doing well! In relation to Mr. Assange: Obama/Clinton placed pressure on Sweden, UK and Australia (his home country) to illicitly go after Mr. Assange. It would be real easy and helpful for your dad to suggest that Australia appoint Assange ambassador to DC “That’s a really smart tough guy and the most famous australian you have! ” or something similar. They won’t do it, but it will send the right signals to Australia, UK + Sweden to start following the law and stop bending it to ingratiate themselves with the Clintons. 12/16/16 12:38PM

Assange renewed that request as part of his Vault 8-based extortion in November 2017.

All of which is to say there’s one more instance where someone in Trump’s orbit discussed a pardon for Assange. Because it involved Kunstler, it tied the discussion even more closely to Stone’s claims to have optimized WikiLeaks’ releases.

That may be one explanation for Stone’s lawyers’ efforts to make it clear that Kunstler couldn’t have known that Stone had made a request that got presented to her, because that would make it look like a quid pro quo, a request for Stone to return the favor.

Trump may have told the truth — but that doesn’t rule out a quid pro quo with WikiLeaks

Which leads me to the Mueller question that I think most enticingly ties to details revealed at trial.

Trump was asked whether he had ever discussed a pardon for Julian Assange before his inauguration, and he offered the same kind of non-responsive answer he offered to all the other Mueller questions.

Did you have any discussions prior to January 20, 2017, regarding a potential pardon or other action to benefit Julian Assange? If yes, describe who you had the discussion(s) with, when, and the content of the discussion(s).

I do not recall having had any discussion during the campaign regarding a pardon or action to benefit Julian Assange.

Notably, however, because Trump adhered to a practice he inconsistently used (in answering questions only as they applied to the campaign, but not the transition), his answer doesn’t actually deny a key possibility: that he and Stone (and Don Jr) discussed a pardon for Assange during the transition period.

This doesn’t even have to be an instance where Trump did not recall something that happened during the election. If Trump entertained a Stone brokered pardon request in the months after Assange helped him win the election, it would be easily the most damning of Trump’s many abuses of clemency, because it would appear to be a clear quid pro quo for election assistance.

As I disclosed last year, I provided information to the FBI on issues related to the Mueller investigation, so I’m going to include disclosure statements on Mueller investigation posts from here on out. I will include the disclosure whether or not the stuff I shared with the FBI pertains to the subject of the post. 

It Doesn’t Matter for Prosecutors’ Case that Randy Credico Was Bragging or (Purportedly) Drunk

Some reporters appear to be getting their understanding of the Roger Stone trial from Stone’s defense attorneys rather than from actually reading the indictment and the trial exhibits, because they report as truth that it will harm prosecutors’ case if Credico can be shown to be drunk or bragging when he suggested to Stone he had ties to Julian Assange. Here’s the NYT:

Complicating the prosecution’s case, both men appear to have repeatedly lied to and about each other. And both appear to have exaggerated their connections with WikiLeaks, either privately or publicly.

Mr. Credico testified that many of his claims regarding WikiLeaks amounted to “braggadocio” and that he repeatedly overstated his access to Mr. Assange partly as a way to “one-up” Mr. Stone.

While it is true that Stone’s lawyers are arguing that poor little Roger with the Nixon-tattoo Stone got lied to by both Credico and Jerome Corsi, that defense doesn’t actually exonerate Stone of the charges against him (which is noteworthy in and of itself). Stone is not accused of having a back channel to WikiLeaks, which claims about Credico’s credibility might undermine; he’s accused of lying about his claims about having one and who that is. Most notably, Stone is accused of lying about how he communicated with his claimed back channel(s), and no attacks on Credico can make the abundant correspondence between Stone and Credico disappear.

Consider the evidence presented to prove that Stone lied just last week, on top of what was already referenced in the indictment (which I laid out here).

1. STONE testified falsely that he did not have emails with third parties about Assange, and that he did not have any documents, emails, or text messages that refer to Assange.

In addition to having Credico and Steve Bannon introduce their own emails (and texts in the case of Credico) that mention Assange, FBI Agent Michelle Taylor introduced the Erik Prince texts described in the indictment that reference Assange (and confirm that those texts were with Prince), as well as an October 3, 2016 Stone email to Prince stating that he, “Spoke to my friend in London last night. The payload is still coming.”

2. STONE testified falsely that his August 2016 references to being in contact with the head of WikiLeaks were references to communications with a single “go-between,” “mutual friend,” and “intermediary,” who STONE identified as Credico.

As noted, the only evidence that Credico and Stone spoke about Assange post-dates the days in early August when Stone claimed to have an intermediary. Multiple comms from Credico show him pointing that out to Stone over and over and over (once even before the election and more explicitly in early 2017): he couldn’t be Stone’s intermediary because all their discussions of Assange post-date Stone’s claims to having an intermediary. Indeed, Credico and Stone even spoke about Stone’s intermediary when Stone appeared on Credico’s show on August 23, 2016.

To disprove that Credico could not be his intermediary, Stone would need to introduce evidence he and Credico talked about WikiLeaks before that. All Stone offered to disprove that were some Credico tweets from 2016 dated June 17, July 22, and July 24, none of which were addressed to Stone and only the first of which addresses upcoming email drops.

In addition, the government introduced communications that make it clear Stone was aware of Corsi’s import before he testified. For example, on March 24, 2017, Stone sent Corsi and Gloria Borger his attorneys’ letter to HPSCI stating he was “anxious to redress the false and misleading way he has been portrayed by some on the Permanent Select Committee.” That letter got sent one day after Corsi had posted the cover story he and Stone started working on the previous year.

Further, one of the most damning exhibits introduced last week shows that on October 19, 2017, Stone forwarded Credico an email from his attorney, Grant Smith, with the subject line “Credico Paragraph.” The email purported to share the paragraphs in an October 13, 2017 letter to HPSCI naming Credico as Stone’s source. But the version Smith sent to Stone which got forwarded to Credico materially differs from the one sent to HPSCI, in part by offering a half paragraph of complimentary language on Stone’s relationship with Credico that wasn’t actually included in the letter to HPSCI.

But it also includes this paragraph:

Mr. Stone noticed Credico had traveled to London on at least two occasions and conducted two landmark interviews with Julian Assange on WBAI. To be absolutely clear, Credico was only asked to confirm for Mr. Stone that the postings and interviews by Assange in which he claimed to have the Clinton data ,both of June 21 [sic], were accurate. Mr. Credico never said he knew or had any information as to source or content of the material. Mr. Credico never said he had confirmed this information with Mr. Assange himself. Mr. Stone knew Credico had his own sources within WikiLeaks and is credible. Mr. Stone concedes that describing Credico as a go-between or intermediary is a bit of salesmanship for his InfoWars audience but the confirmation by Credico turned out to be 100 % accurate. [emphasis original]

The unitaliczed text does show up in a form in Stone’s letter, albeit phrased in a way to downplay any potential request from Stone. But the italicized language does not show up in Stone’s letter. It’s effectively a script for Credico, one that might placate Credico’s concerns about Stone overstating his knowledge, but one that was false on its face.

3. STONE testified falsely that he did not ask the person he referred to as his “go-between,” “mutual friend,” and “intermediary,” to communicate anything to the head of Organization 1 and did not ask the intermediary to do anything on STONE’s behalf.

As I noted in this post, there are emails showing Stone requested both Corsi and Credico do things with regards to Assange. Two emails introduced last week prove that Stone knew he had such emails. On April 3, 2018, Stone’s lawyer Grant Smith wrote Stone cc’ing Corsi stating, “At Roger’s request, I attach the only 2 emails on the subject between the two of you.” That wasn’t true: An August 15, 2016 Corsi email stating, “More to come than anyone realizes,” is almost certainly also a reference to stolen emails.

Tellingly, the very next day, April 4, 2018, Stone sent Credico an email saying, “Everything I know about the WikiLeaks disclosures I heard from you and can prove it.”

More damning still, on March 10, 2018, Stone forwarded Credico the thread of emails, dating from September 2016, in which he requested that Credico ask Assange if he had emails on Libya. The thread includes Credico claiming, “I asked one of [Assange’s] lawyers,” a reference to Margaret Ratner Kunstler. Stone sent it as a threat — and indeed, his threats to attack Kunstler were probably among the most effective Stone used with Credico, per Credico’s testimony. But by sending it (this time not even involving his lawyers), Stone proved that he knew of the request he made of Credico in September 2016, and knew he had communications reflecting the request.

4. STONE testified falsely that he and the person he referred to as his “go-between,” “mutual friend,” and “intermediary” did not communicate via text message or email about WikiLeaks.

As the above shows, Stone not only did communicate extensively with Credico — his claimed intermediary — via text and email, but he was aware of it. Likewise, he was aware that he had communicated via email, the intermediary the government suggests he was trying to hide, with Corsi.

5. STONE testified falsely that he had never discussed his conversations with the person he referred to as his “go-between,” “mutual friend,” and “intermediary” with anyone involved in the Trump Campaign.

Ultimately, the government argues that this trial is going to be about Stone trying to hide how damning all this is for Trump, and it’s in Stone’s communications with the campaign that are most damning. Stone already proved he knew of the Bannon email introduced at trial last week when he shared it after Bannon went to the NYT. Much of the rest of the proof of this will show up in this week’s testimony, not least from Rick Gates.

Which is why Stone’s current defense story is so interesting: because it highlights that Stone continues to lie to cover up the Trump campaign’s knowledge of all this. By suggesting that Stone believed Corsi was also an intermediary for him, Stone’s lawyers are basically pleading guilty to several of the false statements charges against Stone — lies 1 through 4 as numbered here — as part of his defense! Effectively, this is not a defense to the charges against Stone. It is, instead, a new lie, meant to deny what he did not in his HPSCI testimony, that he had an intermediary, as a retreat position on his larger lie, that Trump didn’t know about any of this.

That Stone is still obstructing that fact is made all the more clear by two other exhibits introduced last week.

First, the government introduced the letter by which Stone cleaned up his lie denying speaking to any Russians. On June 15, 2018, after Michael Caputo described his testimony with Mueller’s team, Stone’s lawyer, Grant Smith, sent a letter to Devin Nunes admitting he and Stone entertained Henry Greenberg’s (whom Caputo correctly introduced to him as a Russian) offer of dirt on Hillary, only to say Stone and Trump wouldn’t spend money for such things.

Smith sent another letter on December 20, 2018, in which he asserted that, “Mr. Stone’s testimony provided during the interview was forthcoming, truthful, and wholly consistent with his many detailed public statements on the matters being investigated.” In other words, as recently as December of last year, Smith reaffirmed that Stone’s claims to have one intermediary who was Credico remained the operative story.

Given that Stone cleaned up the Greenberg story, it raises real questions why, at a time when Stone knew people had testified against him and after months during which emails proving Stone’s lies about having communications about Assange were lies had been aired publicly, Stone didn’t clean up his intermediary story in the December letter by saying what his attorneys are now arguing in court, that an epic rat-fucker was duped by a comedian and a hoaxster. That would have saved him a year of legal fees and a significantly diminished ability to work.

But it would have served to acknowledge that Corsi was an interlocutor before Robert Mueller closed up shop.

Update, 2/17/20: Fixed date on Credico email.

As I disclosed last year, I provided information to the FBI on issues related to the Mueller investigation, so I’m going to include disclosure statements on Mueller investigation posts from here on out. I will include the disclosure whether or not the stuff I shared with the FBI pertains to the subject of the post. 

Rick Gates Got Sent Two Key Jerome Corsi Posts

Last year, as Mueller was managing the failed Jerome Corsi cooperation deal, I did a series of posts suggesting that Corsi and Stone seemed to have gotten advanced information about the John Podesta email dump. I argued that, in part, because the two started crafting an elaborate Matryoshka cover-up by the end of August to excuse away Stone’s “time in the barrel tweet.” More importantly, Corsi wrote a piece picking up what the two men had been plotting in August on October 6, seemingly anticipating John Podesta documents that would only be dumped on October 11. In other words, Corsi and Stone seemed to know by mid-August what WikiLeaks would drop in October.

I posted the first of those posts on October 22.

Three days later, Mueller’s team interviewed Rick Gates (PDF 39). According to the headings in the interview, which were dates, the interview traced the key milestones of the WikiLeaks dump:

  • June 12, 2016 to July 22, 2016
  • Post July 22, 2016 WikiLeaks Releases
  • October 4, 2016
  • October 7, 2016
  • [Redacted]

Much of the content below that last redacted heading is redacted, but it’s clear the section as a whole relates to the two Corsi pieces that bookend my theory that he and Stone got the files ahead of time.

** Gates was shown an email [redacted] containing the subject line “Trump adviser: WikiLeaks plotting email dump to derail Hillary” **

Gates did not recall receiving the aforementioned email.

[redacted]

** Gates was shown an email [redacted] containing the subject line “Russia? Look who’s really in bed with Moscow — Podesta & Clinton Foundation money-laundering with Russia” **

[redacted]

The FOIAed backup for this interview includes the emails by which the articles were sent.

They obscure the date that the first one was sent, though it was posted on August 15; the second, which Corsi published on October 6, got sent 15 hours later, so just before mid-day on October 7. (Steve Bannon’s assistant Alexandra Preate sent Stone a text at 6:30PM telling him “Well done,” presumably for the actual WikiLeaks releases).

But it sure seems like the campaign was in the loop on some of this.

I’m fairly certain none of this will be aired at the Stone trial. The government doesn’t even plan to enter Stone’s “time in a barrel” tweet into evidence and there’s nothing in the draft exhibit list that looks like it could be these emails. Plus, much of their case seems designed not to have to rely on Corsi.

But it sure seems to have been of interest last year.