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On Trump, the Anti-Semites, and the Coup Attempt: The Import of Nick Fuentes’ Reference to January 6

The first thing you should ask when you hear about Trump and the white nationalist is … which one?

After all, it wasn’t that long ago that Stephen Miller waltzed into Kevin McCarthy’s office on the day McCarthy became the presumptive nominee for Speaker of the House. Even if Trump gets the Republican nomination in summer 2024, that’s still twenty months off. But if Miller is driving the Republican House majority’s policy choices in the interim, it will have immediate effect. It will continue an institutional commitment from the Republican Party to policies built to respond to and feed more hate.

Plus, part of the loudest outrage surrounding Trump’s paling around with neo-Nazi Nick Fuentes — from people like Mike Pompeo and Chris Christie — is significantly a desire to undercut Trump in advance of a primary. If you’re opposed to white nationalists in the Republican Party, take on Miller’s central role in the party as a whole and also Trump’s continued ties with fascists.

If you’re a journalist who thinks the Fuentes dinner is newsworthy (it is!), then ask whether Miller’s continued central role in GOP policy is too.

Hell, if you’re a horserace politics reporter, consider writing a story about how damaging Miller’s policies have been for the GOP two midterm elections in a row.

And there’s a bit of the story that’s missing from most tellings of the story.

As Jonathan Swan tells it (with Zachary Basu), in addition to scolding Trump about his increased reliance on teleprompters, Fuentes also delivered the message that parts of the far right are disappointed with Trump, in part, because he has not supported January 6 attackers sufficiently.

Fuentes told Trump that he represented a side of Trump’s base that was disappointed with his newly cautious approach, especially with what some far-right activists view as a lack of support for those charged in the Jan. 6 Capitol attack.

  • Trump didn’t disagree with Fuentes, but said he has advisers who want him to read off teleprompters and be more “presidential.” Notably, Trump referred to himself as a politician, which he has been loathe to do in the past.
  • Fuentes also told Trump that he would crush potential 2024 Republican rivals in a primary, including Florida Gov. Ron DeSantis. Trump asked for Fuentes’ opinion on other candidates as well. [italics mine, bold Axios’]

Not only doesn’t this sound like an unplanned encounter — at least from Fuentes’ side — but it affirmatively sounds like the kind of constituent ask that politicians of all stripes make when they discuss whether to endorse a candidate or not. Fuentes hated Trump’s announcement speech — too canned! — but he also warned that Trump needs to do more to support those being prosecuted for their role in Trump’s coup attempt. In his own livestream about the meeting, after reeling off all the Stop the Steal events Fuentes had been part of organizing, Fuentes said he would back Ron DeSantis over a “moderate Trump.”

Politico’s Meredith McGraw, who was the first to report that Ye and Fuentes were traveling together, also included that comment, and described how Ye’s video about the meeting included both Alex Jones and Roger Stone, as well as Karen Giorno, who attended the meeting and who had a role in a 2016 story just after Stone presented Trump with his notebook of all the calls he had with Trump during the 2016 election.

West went on to say he told Trump, “Why when you had the chance, did you not free the January sixers? And I came to him as someone who loves Trump. And I said, ‘Go and get Corey [Lewandowski] back, go and get these people that the media tried to cancel and told you to step away from.’” The video includes photos of former advisers including Giorno and Roger Stone, and also conspiracy theorist Alex Jones.

Given how much of the rest of the discussion (and the private chat Ye posted afterwards) focuses on Jason Miller, who testified truthfully to the January 6 Committee, this also probably amounted to a request to get rid of Jason Miller, to get rid of Jason Miller in part because he won’t let Trump coddle Nazis and in part because he makes Trump use a teleprompter. This is how those close to Trump have always lobbied Trump on staffing decisions, after all.

The thing is, while virtually all reports of this meeting include the teleprompter comment, most don’t include the January 6 one.

While the NYT (Maggie bylined with Alan Feuer, one of the best journalists on January 6) described Fuentes’ role in pro-Trump mobs leading up to and on January 6, it doesn’t describe that Fuentes claimed about Trump’s insufficient support for those already charged. It also focuses exclusively on the America First arrests, not those with whom Fuentes organized mobs, like Alex Jones and associates.

During the dinner, according to a person briefed on what took place, Mr. Fuentes described himself as part of Mr. Trump’s base of supporters. Mr. Trump remarked that his advisers urge him to read speeches using a teleprompter and don’t like when he ad-libs remarks.

[snip]

Mr. Fuentes, who attended the bloody far-right rally in Charlottesville, Va., in 2017, is best known for running a white nationalist youth organization known as America First, whose adherents call themselves groypers or the Groyper Army. In the wake of Mr. Trump’s defeat in 2020, Mr. Fuentes and the groypers were involved in a series of public events supporting the former president.

At a so-called “Stop the Steal” rally in Washington in November 2020, Mr. Fuentes urged his followers to “storm every state capitol until Jan. 20, 2021, until President Trump is inaugurated for four more years.” The following month, at a similar event, Mr. Fuentes led a crowd in chanting “Destroy the G.O.P.,” and urged people not to vote in the January 2021 Georgia Senate runoff elections.

On Jan. 6, 2021, Mr. Fuentes led a large group of groypers to the Capitol where they rallied outside in support of Mr. Trump. The next day, Mr. Fuentes wrote on Twitter that the assault on the Capitol was “awesome and I’m not going to pretend it wasn’t.”

At least seven people with connections to his America First organization have been charged with federal crimes in connection with the Capitol attack. In January, Mr. Fuentes was issued a subpoena by the House select committee investigating the Jan. 6 attack on the Capitol seeking information about his role in it.

Other outlets, too, focused on the teleprompter comment but not the complaint about January 6 defendants: WaPo (which offers the most detailed account, from attendee Giorno), CNN, WSJ.

CBS described that Ye made a comment about January 6 in his video, just before he flashed images of Stone and Alex Jones.

The complaint that Trump has not done enough for already charged January 6 defendants (or, as Ye complained himself, not pardoned everyone) comes at a rather sensitive time. Of the January 6 defendants likely included in the seven Feuer cites, Christan Secor (holding the America First flag below) was sentenced in October by Trevor McFadden, who normally goes easy on January 6 defendants, to 42 months in prison.

More recently, the FBI arrested a group of 5 American Firsters in September, including former Fuentes deputy Joseph Brody (in the American flag mask and the suit in the picture above). One, Thomas Carey, is set to plead guilty on December 22, which will come with — at least — an interview on the others. And while DOJ portrayed groyper Riley Williams as having been radicalized by watching Nick Fuentes videos rather than in person, she was just jailed pending her February 22 sentencing, and any retrial on the hung charges (obstruction and abetting the theft of Nancy Pelosi’s laptop) might be easier if there was cooperation from others who were present in Pelosi’s office, as Carey may have been. Which is to say that the January 6 investigation into America First is getting closer to Fuentes himself.

But, particularly given Ye’s invocations of Stone and Jones in this context and Stone’s repeated complaints that Trump didn’t pardon him after January 6, those probably aren’t the only January 6 defendants Fuentes meant to invoke. Both Stone and Jones were named repeatedly during the Oath Keeper trial. Both are likely to be named in the upcoming Proud Boy Leaders trial. One Jones employee, Sam Montoya, pled guilty to parading on November 7. His plea agreement lacks the standard cooperation paragraph, which sometimes means that someone had to cooperate in advance to get the plea deal. And Jones’ sidekick, Owen Shroyer, is due to let Judge Tim Kelly know whether he plans on pleading at a status hearing tomorrow.

So the January 6 investigation is getting closer to Stone and Jones too.

Even some in Ye’s entourage have come under investigation, at least in Fani Willis’ investigation, for their role in Trump’s false voter fraud claims.

Trump’s meeting with Fuentes is a big deal. But it likely goes beyond, just, the fact that Trump was sharing Thanksgiving with noted anti-Semites. Both Ye and Fuentes used the meeting to raise Trump’s failures to protect those who helped his last attempt to seize power illegally.

And as Trump’s purported election campaign goes forward, those who participated in Trump’s coup attempt will likely continue to use their own exposure to leverage Trump’s.

Update: The Guardian just reported how Trump refused to criticize Fuentes.

Update: There are two other key America First defendants that have been sentenced, and got off easy. Most notably, Leo Ridge was permitted to plead down from obstruction to 1752, the more serious trespassing charge, after which Trevor McFadden sentenced him to two weeks in jail and a year of probation (meaning his punishment will be done around February).

And Matthew Baggott also pled to 1752, and was sentenced to three months. He’ll have a year of probation after he is released on Christmas eve.

A Parliamentary Congress or a Batshit One?

With the call of two Arizona and one California House race yesterday, it seems clear the Republicans will hold a majority in the House next year — though it’s not yet clear whether the Congress will start with a 219-216 split or a 221-214 split. Sometime today, Kevin McCarthy will win a majority of votes in the GOP caucus to be the presumptive Speaker next year, though not before defeating Andy Biggs, in what will be a test vote of conservative votes.

That’s when things get interesting.

To win today, McCarthy only needs a majority. To win in January, McCarthy needs a majority of the votes cast, presumably 218. So if the final count is 219-216, he can’t afford any defections.

Marjorie Taylor Greene and Jim Jordan have already endorsed McCarthy. Marge — one of the shrewder wingnuts — explained why she would support McCarthy.

If we don’t unify behind Kevin McCarthy, we’re opening up the door for the Democrats to be able to recruit some of our Republicans and they may only need one or two since we don’t know what we will have in the majority.

Since then, Don Bacon has announced that — if Republicans don’t get 218 votes on January 3 — he would consider backing a moderate Democrat as Speaker.

Even newly elected Long Island Republican George Santos, who is a fire-breathing MAGAt but who will be one of the most vulnerable Republicans in 2024, has said he wants the GOP to wait six months before they start launching witch hunts into Biden.

I know maybe four people (aside from Nancy Pelosi) who understand enough about rules of Congress to comprehend the full implications of such a close Congress. For some reason — possibly because they’ve spent the last six months writing beat sweeteners — the press seems to think the Freedom Caucus (led by Scott Perry, whose phone was seized as part of the January 6 investigation) will be in the driver’s seat going forward. In the short term, it’s just as likely that people like Don Bacon will be.

There are several possibilities: One is that McCarthy does get the votes on January 3 and presides over a Congress that reels from day-to-day, serially held hostage by the worse instincts, legal challenges, and health concerns of the members of both parties (the current Congress has lost 16 members over the last two years, six to death, and McCarthy has already said he’ll end proxy voting even as COVID continues to recur in new variants).

If that happens, expect many if not most things to get done via Discharge Petition, in which members can bypass the Speaker if they get 218 votes on something.

Also expect the most vulnerable Republicans to be susceptible to flipping parties if the fire-breathers in the party demand too much, particularly if the margin gets close to even.

Another possibility is that McCarthy doesn’t get the votes, giving Democrats a chance to cobble together a majority of the solid middle, led by someone other than Nancy Pelosi (non-members like Tim Ryan or Adam Kinzinger could be options, though Bacon has said that Liz Cheney is not one). Such a majority would need to command the votes of a larger number of people — probably closer to 240 — but it would also be more sustainable over the Congress.

And all this will be happening as the GOP fights among itself about whether it will continue down a Trumpist cult or become a political party again.

DOJ Has at Least One Card Left to Play: Congress’ Instinct for Self-Preservation

Last night, Trump and DOJ submitted their competing plans for a Special Master to Judge Aileen Cannon. As I laid out, Trump’s plan is a transparent effort to stall the entire investigation for at least three months, and after that to bottle up documents he stole — those with classified markings and those without — at NARA, where he’ll launch new legal fights in DC to prevent further access.

Judge Cannon has ordered Trump to weigh in on the government’s motion for a partial stay of her order, asking her to permit the investigative team access to any documents marked as classified, by 10AM on Monday. Trump will object for the same insane logic he gave in his Special Master proposal: That if he can get a private citizen Special Master to override the government’s classification determination, then he can declare the documents — even Agency documents that would be government, not Presidential Records — part of his own records at NARA.

Because Trump didn’t share his choices until after close of business day on Friday, both sides also have to inform her what they think of the other’s Special Master suggestions — Barbara Jones (who was Special Master for the review of both Rudy Giuliani’s and Michael Cohen’s devices) and retired George W. Bush appellate judge Thomas Griffith for the government, and retired EDNY and FISC judge Raymond Dearie and GOP partisan lawyer Paul Huck Jr for Trump — on Monday.

Then, if Cannon has not relented on the investigative side for documents marked as classified by Thursday, DOJ will ask for a stay of that part of her decision from the 11th Circuit, pending the rest of their appeal (the scope of which remains unknown and may depend on her other decisions this week).

Cannon’s decision on whether to permit investigators to access the documents marked as classified may provide the government leverage over the Special Master choice, which could create new bases for appeal. None of the choices for Special Master are known to be cleared, much less at the TS/SCI levels that would be needed to review the documents Trump stole, though Dearie, who was on FISC as recently as 2019, surely would be easily cleared as such.

That doesn’t matter for the government’s preferred approach. The Special Master won’t get any known classified document under their approach.

They would, however, under Trump’s approach (which more closely matches Cannon’s current order). And so DOJ will have to agree to give clearance to whatever person ends up as Special Master under the Trump plan.

The same Supreme Court precedent that undergirds all these arguments about classification authority, Navy v. Egan, is specifically a ruling about the Executive’s authority to grant or deny clearances. The government could deny any of the proposed Special Masters clearance — and might well do so, to deny Huck access. Likewise, the government might well deny Trump’s lawyers (at least Evan Corcoran, who is likely either a witness or subject of the obstruction side of the investigation) clearance for such a review as well.

So if Cannon doesn’t grant the government’s motion for a stay, then she effectively gives the government several more levers over her control of the Special Master process.

She probably doesn’t give a damn.

There are two other developments we might expect this week, though.

First, last Wednesday, DOJ asked and Chief Judge Beryl Howell granted permission to unseal the parts of the search warrant affidavit mentioning the same two grand jury subpoenas that she unsealed for mention in DOJ’s response to Trump’s Special Master motion. (I’m looking for the person I owe a hat-tip to this for.) Since receiving that permission, DOJ has not yet gone back to Magistrate Judge Bruce Reinhart to request further unsealing of the affidavit; there’s not even the tell-tale sealed filings in the docket that ended up being prior such requests.

If and when DOJ does ask for further unsealing, it might reveal more information about Trump’s actions — and, importantly for the question of who can be cleared for the Special Master review, Evan Corcoran’s. There are several entirely redacted paragraphs that likely tell what happened in response to the May 11 subpoena. There’s also a likely detailed discussion of the probable cause that Trump — and others — obstructed the investigation, some of which could be unsealed with mention of the surveillance video.

The government response before Cannon didn’t address the evidence of obstruction (or the June 24 subpoena) in much detail. Simply unsealing references of that subpoena in the affidavit might provide more damning information about Trump’s efforts to hide classified documents from DOJ.

More importantly, on Tuesday, the House returns from August recess. It’ll be the first time since the search that both houses of Congress are in town. And in their Motion for a Stay, the government noted (and Judge Cannon did not object) that it did not understand Cannon’s order to prohibit a briefing to “Congressional leaders with intelligence oversight responsibilities.”

5 The government also does not understand the Court’s Order to bar DOJ, FBI, and ODNI from briefing Congressional leaders with intelligence oversight responsibilities regarding the classified records that were recovered. The government similarly does not understand the Order to restrict senior DOJ and FBI officials, who have supervisory responsibilities regarding the criminal investigation, from reviewing those records in preparation for such a briefing.

This seems to telegraph that DOJ plans to brief the Gang of Eight — which includes Nancy Pelosi, Adam Schiff, Kevin McCarthy, Mike Turner, Chuck Schumer, Mark Warner, Mitch McConnell, and Marco Rubio — about what documents Trump stole, possibly this week. Turner and to a lesser degree Rubio have been demanding such a briefing.

And at a minimum, after such a briefing you’d see everyone run to the press and express their opinions about the gravity of Trump’s actions. Because neither DOJ nor Aileen Cannon can prevent these members of Congress from sharing details about these briefings (especially if they’re not classified), you should be unsurprised everyone to provide details of what Trump stole.

That might devolve into a matter of partisan bickering. But two things might moderate such bickering. First, Marco Rubio is on the ballot in November, and Val Demings has already criticized his knee-jerk defense of Trump.

Just as importantly, Mitch McConnell, who badly would like to prevent Democrats from expanding their majority in the Senate and just as badly would like the MAGA Republicans to go away, really doesn’t want to spend the next two months dodging questions about Trump’s crimes.

If not for Trump’s demand for a Special Master, DOJ likely would have put its head down and mentioned nothing of this investigation until after the election. But by demanding one — and by making such unreasonable requests — Trump has ensured that the investigation into his suspected violations of the Espionage Act and obstruction will dominate the news for at least a few more weeks.

Even if DOJ doesn’t brief the Gang of Eight, even if that doesn’t lead to damning new details and recriminations from being made public, the public nature of the Special Master fight will suck all the oxygen out of the next few weeks of campaign season, at least, just as it contributed to Joe Biden enjoying one of the most positive mid-term Augusts for any President in the last half-century.

But if new specifics about Trump’s negligence and efforts to obstruct the investigation are made public, then November’s election will be precisely what Republicans are trying to avoid it being: not just a response to the Dobbs ruling overturning protection for abortion access, but a referendum on the way Republicans have sacrificed American security in their fealty to Donald Trump.

All Republican Gang of Eight Members Condone Large-Scale Theft of Classified Information, Press Yawns

The Ranking Member of the Senate Intelligence Committee went on a four tweet rant yesterday, complaining that the FBI is conducting an investigation into the suspected large-scale theft of highly-classified materials.

The House Minority Leader used the instance of a lawfully executed warrant in support of a national security investigation to call for an investigation not into the man suspected of stealing code word documents, but instead, of Attorney General Merrick Garland for authorizing this investigation into a classified breach.

The Ranking Member of the House Intelligence Committee, Mike Turner, more appropriately asked for a briefing, but even after admitting he hadn’t had one yet and claiming (dubiously) that he didn’t know of the suspected massive theft of highly classified information, scoffed at the seriousness that such a large-scale compromise of classified information might cause.

Mitch McConnell weighed in, belatedly, to demand transparency about an investigation into stolen secrets.

The country deserves a thorough and immediate explanation of what led to the events of Monday. Attorney General Garland and the Department of Justice should already have provided answers to the American people and must do so immediately

These men are all entrusted with the protection of Americans intelligence secrets. But when faced with a choice of putting party or America’s security first, they immediately rushed to protect their party, even while admitting they don’t know the facts of the underlying investigation.

And in spite of the fact that these men have all engaged in minimizing the large-scale compromise of classified information with their rants, virtually every press outlet has reported their comments as more horse race journalism, one side against the other, as if top Republicans attacking the FBI for trying to protect classified secrets is not itself newsworthy.

The lazy-ass press couldn’t even be bothered to show how all these men, especially Marco Rubio, made wildly inconsistent statements when Jim Comey or Hillary Clinton were suspected of mishandling far less sensitive intelligence. Nor did the press bother asking these men about the destruction of DHS (including Secret Service) and DOD records that Congress itself had already asked for before magnifying their comments.

They just let these men turn this into a partisan fight rather than a serious legal investigation, all for free!

Update, 8/10PM: Included Mitch McConnell’s statement.

Members of Congress Subpoena Members of Congress

The January 6 Committee just issued subpoenas to five of their colleagues.

Minority Leader Kevin McCarthy was in communication with President Trump before, during, and after the attack on January 6th. Mr. McCarthy was also in communication with other members of the White House staff during the attack and in the days before and after January 6th concerning the events at the Capitol. Mr. McCarthy also claimed to have had a discussion with the President in the immediate aftermath of the attack during which President Trump admitted some culpability for the attack.

Representative Scott Perry was directly involved with efforts to corrupt the Department of Justice and install Jeffrey Clark as acting Attorney General. In addition, Mr. Perry had various communications with the White House about a number of matters relevant to the Select Committee’s investigation, including allegations that Dominion voting machines had been corrupted.

Representative Jim Jordan was in communication with President Trump on January 6th and participated in meetings and discussions throughout late 2020 and early 2021 about strategies for overturning the 2020 election.

Representative Andy Biggs participated in meetings to plan various aspects of January 6th and was involved with plans to bring protestors to Washington for the counting of Electoral College votes. Mr. Biggs was involved in efforts to persuade state officials that the 2020 was stolen. Additionally, former White House personnel identified Mr. Biggs as potentially being involved in an effort to seek a presidential pardon for activities connected with the former President’s efforts to overturn the 2020 presidential election.

Representative Mo Brooks spoke at the rally on January 6th, encouraging rioters to “start taking down names and kicking ass.” In addition, Mr. Brooks has publicly described conversations in which the former President urged him to work to “rescind the election of 2020” and reinstall Mr. Trump as President. The Select Committee also has evidence that Mr. Brooks’s staff met with members of Vice President Pence’s staff before January 6th and conveyed the view that the Vice President does not have authority to unilaterally refuse to count certified electoral votes.

I suspect such a subpoena only conceivably has a chance in hell of working with Kevin McCarthy (or possibly Mo Brooks if he can do it quietly, given how Trump has targeted him). The rest of genuine criminal liability they’d like to use Speech and Debate to dodge.

But this provides a way for the January 6 Committee to package up what evidence they have against these five in such a way as to feed it to DOJ.

Carlson to McCarthy to Nunes: Obstruction or Worse?

[NB: Note the byline, thanks. /~Rayne]

Before Axios’ scoop was published last evening and Marcy published her post this morning, I’d started a tick-tock of the events related to Tucker Carlson’s recent fauxtrage claiming the NSA was spying on him.

It sure looked like Carlson was doing more than his usual white rage whining.

28-JUN-2021 – Monday evening – Carlson claimed the National Security Agency (NSA) was spying on him.

More specifically, Carlson said,

It’s not just political protesters the government is spying on, yesterday, we heard from a whistleblower within the US government who reached out to warn us that the NSA, the National Security Agency, is monitoring our electronic communications and is planning to leak them in an attempt to take this show off the air.

It’s doubtful Carlson was expressing outrage on behalf of protesters since he doesn’t distinguish between BLM protesters demanding an end to police brutality or MAGA/Qanon rabidly denouncing the outcome of democratic elections.

Who the “we,” “us,” or “our” is to which Carlson referred to is nebulous. The screed was unhinged because there was no evidence provided, just a reference to a shadowy whistleblower who felt compelled to tell Carlson rather than file a complaint through normal channels.

29-JUN-2021 – On Tuesday, Fox News published a partial transcript of Carlson’s program from the previous evening; the network published zero investigative reporting about the alleged spying.

29-JUN-2021 – 8:00 pm ET – The same evening, the NSA tweeted a denial:


As noted in Axios’ and others’ reporting, the NSA pointedly says Carlson “has never been an intelligence target of the Agency” which leaves the possibility Carlson’s communications could have been picked up as incidental to a foreign target if Carlson was communicating with a target.

29-JUN-2021 – 8:46 pm ET – Shortly thereafter, CNN-Business’s Oliver Darcy updated his report including the NSA’s denial while noting that none of Carlson’s Fox News cohort reported on his claim.

30-JUN-2021 – 10:51 am ET – On Wednesday morning, NYU’s Jay Rosen noted Fox’s failure to report such a serious claim.

30-JUN-2021 – 5:07 pm ET – Later that day House minority leader Kevin McCarthy tweeted about Carlson’s allegation:

How convenient – a neat turnaround in less than 48 hours.

~ ~ ~

Note in the partial transcript of Carlson’s Monday fauxtrage this bit toward the end:

Only Congress can force transparency on the intelligence agencies and they should do that immediately. Spying on opposition journalists is incompatible with democracy. If they are doing it to us, and again, they are definitely doing it to us, they are almost certainly doing it to others. This is scary and we need to stop it right away.

Emphasis mine.

Did Carlson actually demand Congress — meaning McCarthy — take action? Or did Carlson provide cover for McCarthy’s selection of Nunes?

If Fox News had investigated Carlson’s claim and found any credibility, one might believe McCarthy had adequate reason to engage Nunes. But without such investigative reporting and no documented formal whistleblower complaint, it’s purely political posturing on Carlson’s part last Monday which drove McCarthy’s action.

McCarthy’s engagement of Nunes itself is odd since McCarthy has resisted for nearly a decade doing anything to restrain the NSA’s surveillance. Why would he sic Nunes on the fruits of his own inaction?

Nunes’ role in the obstruction of the Special Counsel’s investigation suggests the reason why McCarthy would set Nunes loose, along with a slew of other sketchy and obstructive behavior including Nunes’ role in pressuring Ukraine for disinfo about Hunter Biden. With McCarthy’s blessing, Nunes may be continuing the obstruction both of the past investigation and now the Biden administration’s operation.

Marcy’s post earlier today lays out Nunes’ habit of sowing faux scandal; perhaps Nunes didn’t sow this one directly but indirectly through Carlson, laundered by McCarthy until the Axios’ report last evening.

But timing is everything as they say. The Carlson-McCarthy-Nunes sequence occurred roughly 10 weeks after the exit of one of Nunes’ flunkies, Michael Ellis; you’ll recall Ellis is under investigation for leaking classified info, as is fellow Nunes’ flunkie Kash Patel. Patel left his role with the Trump administration on January 20 along with another Nunes’ flunkie, Ezra Cohen-Watnick.

The Carlson-McCarthy-Nunes sequence also happened 12 weeks after yet another Nunes’ flunkie, Derek Harvey, had been sanctioned along with his attorney for filing a defamation lawsuit against CNN which the judge’s ruling said was filed in bad faith.

If we can account for these sources Nunes might have used in the past to obtain intelligence, assuming Nunes might have used Carlson to move McCarthy on his behalf, who was the “whistleblower within the US government who reached out to warn” him about his communications? This is a rather important question since the “whistleblower” leaked to Carlson about communications collection which may have been related to tracking an identified foreign agent; who is the mole?

Perhaps Nunes, a government employee, tipped Carlson himself, closing the feedback loop?

The tricky part about Carlson’s claim after Axios’ report: if Carlson had not made a good faith effort to request an interview with Putin between the period January 1, 2019 until June 28, 2021 as Carlson indicated in his FOIA to the NSA, is it possible that some or all of his content in his program on Fox has been on behalf of a foreign entity?

Has Fox News, by failing to investigate this matter and report on it as a legitimate news network should have, by failing to exercise adequate editorial oversight of its “talent” contacting foreign leaders, also been in the service of a foreign entity?

Has House minority leader McCarthy allowed himself to be manipulated by a foreign entity in responding to Carlson’s claim by engaging Nunes to investigate it, rather than asking the Department of Justice or the Office of the Inspector General to do so? What if any effort did McCarthy expend to validate Carlson’s claim before handing off the situation to Nunes? Did McCarthy make any effort at all to contact Speaker Pelosi and/or Rep. Adam Schiff, the chair of the House Intelligence Committee?

~ ~ ~

Marcy wrote, “If the FBI believes that Tucker really was pursuing a long-term relationship with Russian agents, then even Fox News might rethink giving him a platform,” based on the 30-month period of time in which Carlson had been in dialog with Russian agents, allegedly pursuing an interview with Putin.

I don’t think there is or will be any government-based effort to take the Tucker Carlson Tonight show off the air — hello, First Amendment, which Carlson clearly doesn’t understand. But I wouldn’t be surprised if the program or its network was eventually obligated to file paperwork under the Foreign Agents Registration Act.

Lev Parnas’ Gamble: The Three Nested Investigations

As I noted the other day, Lev Parnas has inserted himself, along with his co-defendants, in the middle of the presumed Special Master review of Rudy Giuliani and Victoria Toensing’s seized devices. He’s doing so as part of a strategy he has pursued since shortly after he was arrested to either make his prosecution unsustainable for Donald Trump (that strategy has presumably failed) or to bring a whole lot of powerful people — possibly up to and including Trump — down with him. The Special Master review will be critical to this strategy, because it will determine whether material that might otherwise be deemed privileged can be reviewed by the Southern District of New York as evidence of a cover-up of crimes that Donald Trump committed.

In this post, I will lay out how there are two — and if Lev is successful, three — sets of crimes in question, each leading to the next.

1a, Conspiracy to donate money: 18 USC 371, 52 USC 30122, 18 USC 1001, 18 USC 1519 and 2, and 18 USC 371, 52 USC 30121.

The first set of crimes pertain to efforts by Parnas, Igor Fruman, and two co-defendants, to gain access to the Republican Party with donations prohibited by campaign finance law. They were first charged — as Parnas and Fruman were about to fly to Vienna to meet with Victor Shokin — on October 9, 2019. The charges relate to allegations that they used their company, Global Energy Partners, to launder money, including money provided by a foreigner, to donate to Trump-associated and other Republican candidates.

These charges almost certainly arose out of a complaint and then a follow-up by Campaign Legal Center.

The overall motive of these crimes, as described, was basically grift: to improve their connections to facilitate a fairly dodgy business proposition. One prong of the business, explicitly funded by a Russian businessman, involved funding recreational marijuana efforts.

But along the way, one of their alleged acts was to give Pete Sessions $20,000 in a way that associated that donation with an effort to get rid of Marie Yovanovitch, possibly on behalf of Yuri Lutsenko.

[T]hese contributions were made for the purpose of gaining influence with politicians so as to advance their own personal financial interests and the political interests of Ukrainian government officials, including at least one Ukranian government official with whom they were working. For example, in or about May and June 2018, PARNAS and FRUMAN committed to raise $20,000 or more for a then-sitting U.S. Congressman [Sessions],

[snip]

At and around the same time PARNAS and FREEMAN committed to raising those funds for [Sessions], PARNAS met with [Sessions] and sought [his] assistance in causing the U.S. Government to remove or recall the then-U.S. Ambassador to Ukraine.

1b, Conspiracy to donate money: 18 USC 371, 52 USC 30122, 18 USC 1001, 18 USC 1519 and 2, and 18 USC 371, 52 USC 30121, 18 USC 1349.

The campaign finance indictment was superseded on September 17, 2020 to add a fraud charge associated with Parnas and David Correia’s Fraud Guarantee, which literally was a fraud claiming to insure people against losses from fraud. They got a bunch of investors to invest in the business based on false representations, which Parnas (and to a lesser degree, David Correia) allegedly spent on his personal expenses. The superseding indictment took out the charge related to Yovanovitch.

Shortly after this superseding indictment, Correia flipped, entering into a plea agreement.

2, Foreign influence peddling: 22 USC §§612 and 618, 18 USC §951, 18 USC §2, and 18 USC §371

As you can see already, the first indictment against Parnas and Fruman pertained to an effort — to get Yovanovitch fired — that they were undertaking with Rudy Giuliani. And the superseding indictment adds fraud associated with the Fraud Guarantee they used Rudy’s name to help sell. So Rudy was bound to get dragged into this.

According to a letter submitted by Rudy Giuliani’s lawyer, he is being investigated for a bunch of influence-peddling crimes: FARA, acting as an unregistered Foreign Agent, abetting, and conspiracy.

This investigation may have come out of the way that the whistleblower complaint that launched Trump’s first impeachment magnified an OCCRP profile of Parnas and Fruman’s influence-peddling (which incorporated the profile), and the way that impeachment magnified the influence-peddling that Rudy and the grifters were involved with. The letter that failed to redact the targets of the warrants associated with Rudy listed two of the key players in the OCCRP profile, Yuri Lutsenko and Alexander Levin (Roman Nasirov is the one other person, in addition to Rudy and Victoria Toensing, who was targeted).

Indeed, even as impeachment was rolling out, during the period where Parnas was discussing cooperating with SDNY, he was refusing to admit that some foreigner — likely Lutsenko — was behind all this.

And it seems pretty clear that Parnas and Fruman are subjects of this investigation, too. The government’s response to Parnas’ request for discovery describes that he was notified of search warrants targeting him in January of this year (shortly after Joe Biden’s inauguration).

3. Parnas’ hoped for obstruction investigation

From the start, Parnas has been alleging — credibly — that at least the timing of his arrest was an effort to protect the President and maybe even to shut him up. From early on, he used impeachment as a way to share materials obtained in discovery showing Rudy’s central role in it all. In January 2020, Parnas filed a letter he sent to Billy Barr requesting his recusal, based in part off a claim that DOJ delayed production of discovery past the time he could share it with the impeachment inquiry (in reality, the delay was partly due to the time it took to crack the password to Parnas’ phone). In December, Parnas filed a motion to dismiss his indictment, alleging selective prosecution. He focused closely on the events leading up to impeachment (and falsely suggested these events started in 2019, not 2018). Amid a list of all the times Barr corruptly intervened to protect the President, Parnas described how, just as HPSCI was asking for his testimony, he and Fruman were arrested.

Later that day, Dowd wrote to HPSCI, 6 as he had indicated he would in his e-mail: Kindly refer to my letter of October 3, 2019. This is an update. We continue to meet with Mr. Parnas and Mr. Fruman to gather the facts and documents related to the many subjects and persons detailed in your September 30 letter and to evaluate all of that information in light of the privileges we raised in our last letter. This effort will take some additional time. Accordingly, Messrs. Parnas and Fruman will not be available for depositions scheduled for October 10, 2019. The following day, October 9, 2019, Mr. Parnas met with Mr. Giuliani at the BLT Steakhouse in the Trump Hotel, Washington DC. Mr. Parnas was scheduled to travel later that evening to Frankfurt, Germany, and then on to Vienna, Austria, to meet with the former Prosecutor General of Ukraine, Victor Shokin, to prepare him for an appearance on FOX News’ Shawn Hannity Show to discuss Joe Biden. Although Mr. Giuliani, along with Victoria Toensing and Joseph DiGenova, had originally been scheduled to travel to Vienna with Parnas, Toensing and DiGenova had cancelled several days earlier, and Mr. Giuliani cancelled that day.

After finishing meeting with Mr. Giuliani, Mr. Parnas and Mr. Fruman took a car to Dulles International Airport, where they waited in the Lufthansa lounge for approximately two hours before beginning to board their flight. Unbeknownst to Messrs. Parnas and Fruman, they had been indicted in the SDNY earlier that day.

Parnas also described others involved in his illegal campaign finance activities who were not indicted, including America First Action PAC and Kevin McCarthy.

Among the things Parnas asked for was evidence that was already being collected in the second, influence-peddling investigation.

All internal documents, including memoranda, notes, e-mails, and text messages that, in any way, reference the reasons why individuals and entities including but not limited to, America First Super PAC, [redacted], Rudy Giuliani, President Donald J. Trump, Victoria Toensing, Joseph DiGenova, and John Solomon, were not arrested or charged with Mssrs. Parnas and Igor Fruman;

The government dismissed Parnas’ claim as lacking evidence but also said that some of the materials he was asking for would be covered by various privileges.

Because Parnas’s claim is meritless, the Court need not consider the contours of his discovery request (Parnas Mot. 32-33), but multiple of his requests seek materials that, if they exist, appear to be attorney work product, covered by the deliberative process privilege, and/or are outside of the scope of what would be reasonably necessary to try to advance his asserted claims rather than to gain a strategic advantage at trial.

Judge Oetken has not yet ruled on Parnas’ selective prosecution claim (or a bunch of other pre-trial motions from all defendants).

But as I noted, just the other day, Gordon Sondland provided more evidence of a corrupt cover-up pertaining to impeachment.

In his redaction fail letter, Parnas addressed very specific things he believed to exist to show a cover-up just before the influence peddling warrants got sent out, including emails he deleted.

The seized evidence will also likely contain a number and variety of communications between Giuliani and Toensing and Parnas that are directly discoverable under Fed. R. Crim. P. 16, evidence of any conversations between Giuliani, Toensing, and others, including Parnas, that may have been deleted, communications between Giuliani, Toensing and others about the defendants and how to address their prior relationships, the arrests, and the unfolding investigation, communications between Giuliani and Toensing and others with potential Government witnesses, including communications about the defendants, the offenses charged, and the witnesses’ potential disclosures and characterizations of alleged fraud-loss computations.

If Rudy and Toensing didn’t delete these materials, then they are now in US government custody. And Parnas is doing all he can to make sure the government looks at them.

Will the GOP Demand Ron Johnson Be Stripped of Committee Assignments for Ignoring a Defensive Briefing?

There’s been a lot of attention on this WaPo story, which had to retract a report that Rudy Giuliani had gotten a defensive briefing long after the time he helped get Marie Yovanovich fired (which is reportedly what he is being investigated for), but well before he continued to peddle Russian disinformation even after Treasury sanctions would have made it legally problematic to do so (indeed–that may be the implication of this NBC story on the decision not to give him a briefing). I mean, Rudy’s right to be pissed that WaPo claimed that he had a specific warning on top of the zillion other warnings that were in plain sight, but it’s not clear it helps him legally in the least.

There’s been less consideration of the implications of Ron Johnson’s admission that he did get a defensive briefing, but he blew it off.

The FBI last summer also gave what is known as a defensive briefing to Sen. Ron Johnson (R-Wis.), who ahead of the election used his perch as chairman of the Senate Homeland Security and Governmental Affairs Committee to investigate Biden’s dealings with Ukraine while he was vice president and his son Hunter Biden held a lucrative seat on the board of a Ukrainian energy company.

Johnson, a staunch Trump ally, recalled receiving a vague warning from FBI briefers in August, but he said Thursday that there was no substance to their cautionary message and that he did not view the meeting as a “defensive briefing” on his oversight of the Biden family’s foreign business ventures.

“Regarding reports that I received an FBI briefing warning me that I was a target of Russian disinformation, I can confirm I received such a briefing in August of 2020,” Johnson said in a statement to The Washington Post. “I asked the briefers what specific evidence they had regarding this warning, and they could not provide me anything other than the generalized warning. Without specific information, I felt the briefing was completely useless and unnecessary (since I was fully aware of the dangers of Russian disinformation).

“Because there was no substance to the briefing, and because it followed the production and leaking of a false intelligence product by Democrat leaders, I suspected that the briefing was being given to be used at some future date for the purpose that it is now being used: to offer the biased media an opportunity to falsely accuse me of being a tool of Russia despite warnings.”

Remember that for months, Republicans have been attacking Eric Swalwell because, before he was on the House Intelligence Committee, he got a defensive briefing about a woman who, the FBI informed him, was recruiting for China. He stopped talking to the woman and cooperated with the FBI, doing precisely what you’re supposed to do after getting a defensive briefing.

Nevertheless, the GOP has repeatedly used the story to call for Swalwell to be removed from HPSCI. Kevin McCarthy, after a briefing on the matter, narrowly danced with leaking information while judging that Swalwell should not be on HPSCI. Devin Nunes (whose ties to Rudy’s legal woes may soon get rather interesting) suggested Swalwell’s focus on Russia was done at the behest of China. The two staged a vote to throw him off HPSCI that failed.

And even Ron Johnson got in the act, claiming (though the timeline makes no sense) that the Chinese got Swalwell appointed to HPSCI and claiming that China was grooming Swalwell.

Johnson launched that attack in December 2020, months after he had been warned that Russia was grooming him the same way.

Only, unlike Swalwell, Johnson blew off that warning.

According to the GOP standard, shouldn’t Johnson be stripped of his Committee positions, particularly Homeland Security and Foreign Relations?

Triage and Impeachment: Prioritize a Legitimate Criminal Investigation into the Wider Plot over Impeachment

I want to talk about triage in the wake of the terrorist attack on Wednesday as it affects consideration of how to hold Trump accountable for his role in it.

First, some dates:

If Mike Pence were to invoke the 25th Amendment (with the approval of a bunch of Trump’s cabinet members), it could go into effect immediately for at least four days. Trump can challenge his determination, but if the same cabinet members hold with Pence, then Trump’s disqualification remains in place for 21 more days, enough to get through Joe Biden’s inauguration.

Both the House and Senate are not in session, and can’t deviate from the existing schedule without unanimous consent, meaning Mo Brooks in the House or Josh Hawley in the Senate could single-handedly prevent any business.

Because of that, impeachment in the House can’t be started until tomorrow. Right now, Pelosi is using the threat of impeachment as leverage to try to get Pence to act (or Trump to resign, though he won’t). If that doesn’t work, then the House seems prepared to move on a single article of impeachment tied to Trump’s attempts to cheat and his incitement of the insurrection. Pelosi won’t move forward on it until she’s sure it has the votes to succeed.

Even assuming a majority of the House votes to impeach Trump, that will have no impact on his authority to pardon co-conspirators, and he’ll surely attempt to pardon himself, one way or another. Because of Wednesday’s events, he will be doing that without the assistance of Pat Cipollone, which means he’s much more likely to make his plight worse.

Impeaching this week would, however, force Republicans to cast votes before it is clear how the post-insurrection politics will work out (indeed, while Trump still has the power of the Presidency). Significantly, a number of incoming members are angry that Kevin McCarthy advised them to support the insurrection. The vote may be as much an attempt to undo complicity with Wednesday’s actions as it is anything else. Done right, impeachment may exacerbate the fractures in the GOP; done wrong, it could have the opposite effect.

If the House does impeach, then the Senate will not — barring a change of heart from Hawley and everyone else who was still willing to be part of this insurrection — take up the impeachment until January 19 (the parliamentarian has already ruled on this point). That means, the trial for impeachment either happens in Joe Biden’s first week in office, or the House holds off on sending the article of impeachment over to the Senate until Chuck Schumer deems it a worthwhile time. He can also opt to have a committee consider it, calling witnesses and accruing evidence, which will provide the Senate (where there are more Republicans aiming to distance from Trump) a way to further elaborate Trump’s role in the terrorism.

Meanwhile, by losing all access to social media except Parler and with Amazon’s decision yesterday to stop hosting Parler (which will mean it’ll stay down at least a week, until January 17), Trump’s primary mouthpieces have been shut down. There’s reason to believe that the more sophisticated insurrectionists have moved onto more secure platforms like chat rooms and Signal. While that’ll pose some challenges for law enforcement trying to prevent follow-on attacks on January 17, 19, or 20, being on such less accessible platforms will limit their ability to mobilize the kinds of masses that came out on Wednesday. Trump has lost one of the most important weapons he can wield without demanding clearly criminal behavior from others. That said, the urgency of preventing those sophisticated plotters — and a good chunk of these people have military training — from engaging in more targeted strikes needs to be a priority.

But Trump is still President, with his hand on the nuclear codes, and in charge of the chain of command that goes through a bunch of Devin Nunes flunkies at DOD. Nancy Pelosi called Chairman of the Joint Chiefs Mark Milley and come away with assurances that Trump won’t be able to deploy nukes.

Preventing an Unhinged President From Using the Nuclear Codes: This morning, I spoke to the Chairman of the Joint Chiefs of Staff Mark Milley to discuss available precautions for preventing an unstable president from initiating military hostilities or accessing the launch codes and ordering a nuclear strike. The situation of this unhinged President could not be more dangerous, and we must do everything that we can to protect the American people from his unbalanced assault on our country and our democracy.

Nevertheless that still leaves Trump in charge of the vast federal bureaucracy, which has been emptied out and the filled back up with people who could pass Johnny McEntee’s loyalty oaths to Trump.

Because this is where we’re at, I have argued that there needs to be a higher priority on getting at least Biden’s operational nominees, along with Merrick Garland, confirmed over impeaching Trump — yet — in the Senate.

We have not yet heard why DOD and DHS and the FBI — on top of the Capitol Police — failed to prevent the terrorist attack on Wednesday (I’ll have more to say about this later). It will take a year to sort out all the conflicting claims. But as we attempt, via reporting, via oversight in Congress (including impeachment), and via a criminal investigation to figure that out, those same people who failed to prevent the attack remain in place. Indeed, most of these entities have offered little to no explanation for why they failed, which is a bad sign.

Because of that, I think Biden needs to prioritize getting at least Garland and Lisa Monaco confirmed as Attorney General and Deputy Attorney General at DOJ, along with a new Acting US Attorney for DC, as soon as possible. I have two specific concerns. First, while FBI has generally been good at policing white supremacists in recent months, they failed miserably here, when it mattered most. One effect of retaliating against anyone who investigated Trump for his “collusion” with Russia has been to install people who were either Trump loyalists or really skilled at avoiding any slight to Trump. Indeed, one of the most charitable possible excuses for FBI’s delayed response is that after years of badgering, otherwise reasonable people were loathe to get involved in something that Trump defined as an election issue.

I have more specific concerns about the DC US Attorney’s office. Michael Sherwin, who has been less awful as Acting US Attorney than Timothy Shea, originally said on the record all options in the investigation that will be led out of his office were on the table, including incitement by Trump. But then someone said off the record that Trump was not a focus of the investigation. I suspect that person is Ken Kohl, who as Acting First Assistant US Attorney is in charge of the investigation and has been cited in other announcements about the investigation.

Ken Kohl at least oversaw, if not participated in, the alteration of documents to help Trump get elected. I’ve been told he’s got a long history of being both corrupt and less than competent. The decisions he will oversee in upcoming weeks could have the effect of giving people the opportunity to destroy evidence that lays out a much broader conspiracy, all while rolling out showy charges against people who were so stupid they took selfies of themselves committing crimes. We want this investigation to go beyond a slew of trespassing charges to incorporate the actual plotting that made this attack possible. It’s not clear Kohl will do that.

Even assuming that people currently in DOJ are willing to collect evidence implicating Trump, short of having a confirmed Attorney General overseeing such decisions, we’re back in the same situation Andrew McCabe was in on May 10, 2017, an Acting official trying to decide what to do in the immediate aftermath of a Trump crime. Trump’s backers have exploited the fact that McCabe made the right choices albeit in urgent conditions, and they’ve done so with the willing participation of some of the people — notably, FBI Deputy Director David Bowdich — who are currently in charge of this investigation.

I’m happy to entertain a range of possible courses going forward, so long as all of them involve holding Trump accountable to the utmost degree possible. I assume Nancy Pelosi, whatever else she’ll be doing, will also be counting the votes to understand precisely what is possible, given the schedule.

But I also know that I’d far rather have Trump and those he directly conspired with criminally charged than have an impeachment delay the thorough fumigation of a government riddled with people who may have had a role in this plot. And that’s not going to happen if the investigation is scoped in such a way in the days ahead to rule out his involvement.

Update: Here’s a much-cited interview with Michael Sherwin. He adopts all the right language (pointedly disavowing labels of sedition or coup, saying he’s just looking at crimes) and repeats his statement that if there’s evidence Trump is involved he’ll be investigated.

On Thursday you were quoted saying the conduct of “all actors” would be examined, which was interpreted to mean President Trump might face charges. Is that what you meant — the man who gave the speech at the start of the day could be looking at charges?

Look, I meant what I said before. In any criminal investigation, I don’t care if it’s a drug trafficking conspiracy case, a human trafficking case or the Capitol — all persons will be looked at, OK? If the evidence is there, great. If it’s not, you move on. But we follow the evidence. If the evidence leads to any actor that may have had a role in this and if that evidence meets the four corners of a federal charge or a local charge, we’re going to pursue it.

Update: This story describes how a senior McConnell aide called Bill Barr’s Chief of Staff who called David Bowdich who then deployed three quick reaction teams in response.

The senior McConnell adviser reached a former law firm colleague who had just left the Justice Department: Will Levi, who had served as Attorney General William P. Barr’s chief of staff.

They needed help — now, he told Levi.

From his home, Levi immediately called FBI Deputy Director David Bowdich, who was in the command center in the FBI’s Washington Field Office.

Capitol police had lost control of the building, Levi told Bowdich.

The FBI official had been hearing radio traffic of aggressive protesters pushing through the perimeter, but Levi said it had gone even further: The mob had already crashed the gates and lives were at risk.

Capitol police had said previously they didn’t need help, but Bowdich decided he couldn’t wait for a formal invitation.

He dispatched the first of three tactical teams, including one from the Washington field office to secure the safety of U.S. senators and provide whatever aid they could. He instructed two more SWAT teams to follow, including one that raced from Baltimore.

These teams typically gather at a staging area off-site to coordinate and plan, and then rush together to the area where they are needed. Bowdich told their commander there was no time.

“Get their asses over there. Go now,” he said to the first team’s commander. “We don’t have time to huddle.”

Not explained: why Bowdich was watching protestors get through the perimeter without deploying teams on his own. Again, I’m not saying he was complicit. I’m saying he has spent the last four years by letting Trump’s claims about politicization direct the Bureau, and can see how that habit might have led to a delayed response here.

Republicans Push to Punish Eric Swalwell because He Didn’t Sell Out the Country Like They Did

I’d like to tell a story about how six different men responded when law enforcement approached them about possible compromise by foreign spies.

Carter Page knowingly shares non-public information with known Russian spies

When Carter Page learned that he had been named in an indictment of Russian spies, he called up a Russian minister at the UN to tell him, in the spirit of openness, he was the guy identified as the recruiting target in the indictment. When the FBI interviewed him about his relationships with those foreign spies, Page admitted he had called the Russian minister, but explained that his relationship with the Russian intelligence officer was positive for him. He later explained that sharing non-public information with people he knew to be foreign spies helped both the US and Russia. Page enthusiastically took a trip to Moscow to give two speeches that — witnesses observed — normally featured far more prominent speakers than Page. Page came back from that trip bragging about the “open checkbook” he had been offered to start a pro-Russian think tank. When Page was asked a year later whether he could see why people thought he was being recruited, he disagreed and — according to an FBI 302 — backed off his prior admission to the FBI that he had reached out to the Russian minister.

For three years, the GOP has claimed that Carter Page is a maligned victim of FBI overreach.

George Papadopoulos refuses to explain the back channel meeting with Putin he tried to schedule

When the FBI first interviewed George Papadopoulos about the suspicious job offers Sergei Millian offered him — an offer to pay him so long as he also worked at the White House, asked how he learned in advance that the Russians had dirt on Hillary that they planned to release to help Trump get elected, and told him they thought he was being recruited, he lied. Among other things, Papadopoulos hid his entire relationship with one Russian national, Ivan Timofeev, whom he had interacted with. After the interview, Papadopoulos called Trump’s personal lawyer and told him of the interview. As others did, Papadopoulos crafted a false statement to share with Congress. In subsequent interviews, even after he agreed to cooperate, Papadopoulos hid the existence of a phone he used to interact with Joseph Mifsud. When asked about notes planning a back channel meeting with Putin’s people in London in September that ultimately didn’t happen, Papadopoulos claimed he couldn’t read his notes to explain the plans.

The GOP not only claimed that Papadopoulos was a maligned hero, the Attorney General of the United States assigned a US Attorney, in part, to fly around the world chasing Papadopoulos’ conspiracy theories in an attempt to substantiate his denials that these were Russian assets trying to cultivate Papadopoulos.

Mike Flynn gets a defensive briefing then hides his Turkish clients

Shortly after the FBI sat down with Donald Trump and Mike Flynn to warn them, generally, about how foreign intelligence services would increase their focus on the two and those around them, Mike Flynn went back to his business partner and the go-between with his Turkish clients, and adopted a new name for the project for Turkey — Confidence rather than Truth — and a payment vehicle that would hide the true client, attempting to sever the prior discussions directly with Turkey’s ministers from the half-million dollar deal that resulted.

Trump just pardoned Flynn for his efforts to hide those ties.

Rather than cooperating with the FBI about Flynn’s suspect Russian calls, Trump fires them

When DOJ came to the White House on January 26, 2017 and told White House counsel Don McGahn that Mike Flynn — seemingly without any approval from Donald Trump himself and clearly without notifying the Vice President — had called up the Ambassador from Russia and, in a conversation where the Ambassador was addressing other issues, raised sanctions imposed to punish Russia and asked the Ambassador not to respond in kind, and then lied about that publicly, McGahn assigned lawyer John Eisenberg to figure out whether Flynn could be prosecuted. Chief of Staff Reince Priebus tried to find out what kind of surveillance Flynn had been and was under. Trump first asked the head of the FBI for loyalty, then asked him to let the investigation of Flynn go, and then fired him to end the investigation.

Trump just pardoned Mike Flynn claiming that it was wrong for the FBI to try to figure out why Flynn had secretly undermined sanctions and then lied about it.

Trump calls Paul Manafort “very brave” for hiding details about his Russian intelligence officer partner

When the government entered into a cooperation agreement with Paul Manafort in 2018, in part to learn what Manafort knew about his business partner Konstantin Kilimnik’s ties to Russian intelligence, and particularly to learn why Manafort had swapped campaign polling data and the campaign’s strategy to win swing states with a discussion of carving up Ukraine and payoffs from Ukranian and Russian oligarchs, the President’s defense attorney remained in regular contact with Manafort’s lawyer to learn about the interrogations. After prosecutors told Judge Amy Berman Jackson on November 26 that Manafort had been lying rather than cooperating — in significant part, it would become clear, to protect his Russian spy business partner — Rudy complained on the President’s behalf about “the un-American, horrible treatment of Manafort.” Not long later, Trump would call Manafort “very brave” for (among other things) lying to prosecutors to protect his Russian spy business partner.

Eric Swalwell cooperates with the FBI and cuts off the Chinese intelligence officer trying to recruit him

According to a recent Axios piece witten without context, when the FBI approach Eric Swalwell and told him a woman volunteering with his campaign was a Chinese spy, he cooperated with the FBI and cut off all contact with her.

A statement from Swalwell’s office provided to Axios said: “Rep. Swalwell, long ago, provided information about this person — whom he met more than eight years ago, and whom he hasn’t seen in nearly six years — to the FBI. To protect information that might be classified, he will not participate in your story.”

What happened: Amid a widening counterintelligence probe, federal investigators became so alarmed by Fang’s behavior and activities that around 2015 they alerted Swalwell to their concerns — giving him what is known as a defensive briefing.

Swalwell immediately cut off all ties to Fang, according to a current U.S. intelligence official, and he has not been accused of any wrongdoing.

For this, GOP Majority Leader Kevin McCarthy and others argue, Swalwell should be kicked off the House Intelligence Committee.

McCarthy, however, is demanding answers from Pelosi and Rep. Adam Schiff, chair of that committee, after Swalwell said they knew about the report.

“This is a national security threat,” McCarthy said. “Now we have Eric Swalwell, who’s been swindled by the Chinese, but what’s even more interesting here is why did he attack the American Director of Intelligence John Ratcliffe’s report talking about the expansion of China spying throughout … just last week. He attacked … Ratcliffe defending China.”

“This man should not be in the intel committee. He’s jeopardizing national security,” he doubled down, adding, “When did Nancy Pelosi know of this and why did she maintain him on the committee? Adam Schiff, who has spent four years as chair worried about the foreign intervention into our country, knowingly keep an individual on the committee, if he knew, as Swalwell says, that he was with a Chinese individual who was a spy, who helped him run for Congress?”

I can only assume that McCarthy thinks that Swalwell cooperated too much with the FBI and should have lied or fired people instead.