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Lindsey Graham and Ric Grenell Reveal Mike Flynn May Not Have Fully Disclosed His Foreign Contacts

Lindsey Graham has used the tenure of Ric Grenell to get a slew of stuff declassified, such as a George Papadopoulos transcript bragging about fucking an older woman that redacts a reference to Sergey Millian, even though the Millian reference is the entire point of the exercise of releasing such transcripts. They’re doing it in the name of “FISA abuse,” even though most of it doesn’t relate to FISA and none of the additional material shows abuse beyond the FBI’s over-reliance on informants (which Lindsey has shown no interest in reforming).

Tonight, they released the memo Rod Rosenstein used to scope out Robert Mueller’s mandate on August 2, 2017 (I wrote about the original release of it here.)

The declassified bits describe the crimes FBI was investigating Carter Page, Paul Manafort, George Papadopoulos, and Mike Flynn for. Plus, there’s one other Trump person whom I’ve been told is not the person you think it is (though I understand new details about it seeing it redacted like this), the description of which is entirely classified.

For Page, Manafort, and Papadopoulos, the memo authorizes an investigation into whether they “colluded” in the 2016 election. Such a bullet point is not included for Flynn, one of many pieces of evidence that the FBI had ruled this out in late 2016/early 2017 only to discover that Flynn had called the country up that had just attacked us and told them “no big deal.”

Page was only being investigated for “collusion;” the memo doesn’t include his willingness to deal known Russian spies non-public economic information about American companies.

For the others, there were additional bullet points authorizing investigation into stuff there was substantial evidence they had done. For Manafort, the memo included two things that were ultimately charged:

  • Committed a crime or crimes arising out of payments he received from the Ukrainian government before and during the tenure of President Viktor Yanukovych;
  • Committed a crime or crimes arising out of his receipt of loans from a bank whose Chief Executive Officer was then seeking a position in the Trump Administration;

Though Stephen Calk is being prosecuted for Manafort soliciting a loan he had no business getting, not Manafort.

And the memo didn’t include all the things Manafort was charged or even investigated for.

With Papadopoulos, the memo (written less than a week after he’d been arrested after taking money from some Israeli) also included Israeli influence peddling.

  • Committed a crime or crimes by acting as an unregistered agent of the government of Israel;

That is, for Manafort and Papadopoulos, this memo authorized an investigation into things they were known to have done.

Which brings us to Flynn. As noted, Rosenstein did not authorize Mueller to investigate whether Flynn “colluded,” which is proof that once the FBI chased something down, they dismissed it.

The list of things Mueller was authorized to investigate includes three things that Flynn was known to have done (the italics are what Flynn was known to have done).

  • Committed a crime or crimes by engaging in conversations with Russian government officials during the period of the Trump transition;
  • Committed a crime or crimes by making false statements to the FBI when interviewed about his contacts with the Russian government;
  • Committed a crime or crimes by acting as an unregistered agent for the government of Turkey;

Flynn did converse with at least one Russian government official during the transition, though as written, this suggests there may have been more. Flynn did lie to the FBI when asked about those contacts. Flynn was still lying about his knowledge that his foreign influence peddling was for the government of Turkey, not some Dutch company.

That is, this memo (and most non-“collusion” bullet points) lays out things the person in question was known to have done.

But this detail is completely new:

  • Committed a crime or crimes by failing to report foreign contacts and income on a Form SF-86 that he completed in anticipation of his being selected to serve as the National Security Adviser to President Trump;

Lindsey Graham just released a document suggesting that General Flynn lied on this SF-86 form for clearance by hiding some of his foreign contacts.

To be sure: I’ve been told Flynn told DIA of the foreign contacts that raised the most suspicion, such as bopping off to Moscow to sit with Putin at a gala for RT. That said, last year DOJ claimed that Flynn’s DIA record was actually inculpatory, not exculpatory information they should have turned over as Brady.

Request #15: The government is not aware of any information in possession of the Defense Intelligence Agency that is favorable and material to sentencing, including the information that the government provided on August 16, 2019. Specifically, the information of which the government is aware, including that August 16 production, is either inculpatory or has no relevance to the defendant’s false statements to the FBI on January 24, 2017, or to the FARA Unit.

What Lindsey Graham just released to claim there was some kind of FISA abuse suggests that the FBI — which had access to the FISA intercepts showing Mike Flynn calling up the country that had just attacked us and telling them no big deal — believed on August 2, 2017 that Flynn had not disclosed all his foreign contacts when he got a security clearance tied to becoming National Security Advisor. Flynn’s 2016 security clearance review is something Powell has raised repeatedly in her bid to get Flynn’s prosecution set aside. If she knew that Flynn was investigated because he failed to fully disclose all his foreign contacts, that may explain why.

Which is to say, Lindsey Graham thinks he’s exposing abuse. But in the case of Flynn, he’s not only showing that the FBI stopped pursuing leads once they had chased them down, but were chasing one that was previously unknown.

The DOJ IG Footnotes Show FBI Doing What They Do and Russia Doing What They Do

Three Republican Senators — Chuck Grassley, Ron Johnson, and Lindsey Graham — have gotten Bill Barr and Ric Grenell to declassify a bunch of things pertaining to Carter Page’s surveillance. While the materials have sent the frothy right into a frenzy again, the materials are actually far more interesting, ambiguous, and at times, damning to Trump’s narrative than the right wing stenographers have made out. This post will look at a series of footnotes to the DOJ IG Report on Carter Page that have been declassified. I’m going to look at allegations about Russian knowledge of Steele’s project in July 2016 and evidence the Michael Cohen claims were disinformation in more detailed in a follow-up; both revelations may hurt Trump’s narrative more than help it, contrary to claims by the frothers.

The purge at ODNI enabled this declassification to occur

Before I get into what the declassified footnotes show, it’s important to understand Grenell’s role in it. In his statement releasing the full set of declassified footnotes, Grassley thanked both Bill Barr and Grenell. In Ron Johnson’s WSJ op-ed feeding the ignorant frenzy about the footnotes, he described how he and Grassley had to keep pressing for their declassification until Grenell made it happen.

My colleague Sen. Chuck Grassley and I began pressing Attorney General William Barr, and eventually acting Director of National Intelligence Richard Grenell, for full declassification of these footnotes. That’s why they’re now public.

In Grenell’s letter providing the footnotes (which very notably did not come as a re-released IG Report, as a prior declassification had), he explained that,

[H]aving consulted the heads of the relevant Intelligence Community elements, I have declassified the enclosed footnotes. I consulted with the Attorney General William Barr, and he has authorized the ODNI to say that he concurs in the declassification insofar as it relates to DOJ equities.

Grenell, of course, is doing the DNI job part time, on top of his full-time job as Ambassador to Germany and his day job of trolling dishonestly on the Internet.  So the declassification might be better understood as the work of Kash Patel, who, while he was a staffer on the House Intelligence Committee, started this declassification project and also served as a gatekeeper to ensure GOP Congressmen did not get accurate information on Russia. While he was on the National Security Council, Patel ensured that Trump did not get accurate information on Ukraine. And the release comes just days after Trump got rid of the last Senate confirmed person at ODNI, something that Adam Schiff has raised concerns about.

Don’t get me wrong: I support these declassifications and with a very few exceptions in these footnotes, don’t think embarrassing stuff got hidden because Grenell was involved (I have a different opinion about how stuff was declassified for Lindsey, even while I’m thrilled to have the precedent for entire FISA applications being released). Some of the most interesting declassifications confirm small details about FISA that have long been known, but have been impossible to prove since DOJ guarded that confirmation so assiduously. But it is crystal clear this declassification happened as a result of dismantling longtime Intelligence Community protections, for better and worse.

The footnotes show FBI and FISA worked like it normally does and so did the Russians

As noted, Grenell didn’t effectuate this declassification by having DOJ IG release an updated version of the report, but instead by releasing all the redacted footnotes, with any newly declassified information unmarked, out of context. Not only does that obscure a few key ones that weren’t further declassified or had already been declassified, but it makes it harder to understand what they mean in context. I’ll treat each of them in turn, italicizing the newly disclosed information, if any.

17: The Brits let Steele cooperate

The OIG also interviewed witnesses who were not current or former Department employees regarding their interactions with the FBI on matters falling with the scope of this review, including Christopher Steele and employees of other U.S. government agencies. 17

17 According to Steele, his cooperation with our investigation was done with the consent of his government.

The fact that Steele emphasized this — and the delayed timing of Steele’s cooperation — suggest that the UK wanted to make clear that they were willing to expose their own intelligence weaknesses to cooperate with something Trump had put significant stock in.

21, 354: DOJ IG considered some of the FISA collection on Page irrelevant to this review

We also received and reviewed more than one million documents that were in the Department’s and FBI’s possession. Among these were electronic communications of Department and FBI employees and documents from the Crossfire Hurricane investigation, including interview reports (FD-302s and Electronic Communications or ECs), contemporaneous notes from agents, analysts, and supervisors involved in case-related meetings, documents describing and analyzing Steele’s reporting and information obtained through FISA coverage on Carter Page, and draft and final versions of materials used to prepare the FISA applications and renewals filed with the FISC. 21

21 We did not review the entirety of FISA collections obtained through FISA surveillance and physical searches targeting Carter Page. We reviewed only those documents collected under FISA authority that were pertinent to our review.

[snip]

Emails and other communications reflect that in the first week of surveillance on Carter Page [redacted], following the granting [redacted] application -· in the October 2016, the Crossfire Hurricane team collected [redacted] 354

354 We did not review the entirety of FISA collections obtained through FISA surveillance and physical searches targeting Carter Page. We reviewed only those documents collected under FISA authority that were pertinent to our review.

These declassifications reveals two phrases — “collections,” and “physical searches” — that have long been treated as classified (though they appear elsewhere in the report, usually by accident). The import of these phrases, especially “physical search,” which actually includes “stored communications,” is why they’ve been hidden in the past.

While the meaning of these footnote was always clear, the import of it (that is, what DOJ IG would considered irrelevant to their review) remains unclear, especially given Michael Horowitz’s public questions about whether the collection was ever useful.

That’s especially true given how FISA surveillance was integrated into later Carter Page applications. The applications Lindsey Graham released makes it clear there was a good deal (indeed, it clearly corroborated concerns about Page’s hope to open a pro-Russian think tank as well as sustained questions about whom Page met with in Russia — though that’s partly because he oversold his ties there to the campaign). The redactions, however, were just hiding FISA vocabulary that had previously been hidden.

61 and 63: How the FBI decides to make someone an informant

The CHSPG recognizes that the decision to open an individual as a CHS will not only forever affect the life of that individual, but that the FBI will also be viewed, fairly or unfairly, in light of the conduct or misconduct of that individual. 59 Accordingly, the CHSPG identifies criteria that handling a ents must consider when assessing the risks associated with the potential CHS. [redacted]60 These risks must be weighed against the benefits associated with use of the potential CHS. 61

Once a CHS has been evaluated and recruited, the CHSPG does not allow for tasking until after the CHS has been approved for opening by an FBI SSA; the required approvals for a specific tasking have been granted; and the CHS has met with the co-handling agent assigned to his or her file, who has the same duties, responsibilities, and file access as the handling agent. 62 The CHSPG requires additional supervisory approval by a Special Agent in Charge (SAC) and review by a Chief Division Counsel CDC to open CHSs that are “sensitive” sources, [redacted]

61 Criteria used by agents and analysts to weigh the risks and benefits are: (1) access [redacted] (2) suitability: [redacted] (3) susceptibility: [redacted] (4) accessibility: [redacted] (5) security; [redacted]

62 CHSPG § 3.1.

63 CHSPG Section 3.5.1.1 Special approval and notification requirements also are necessary for CHS operations in extraterritorial jurisdiction, such as tasking a CHS to contact the subject of an investigation who is located in a foreign country. The requirements and notifications differ, for example, depending on whether the CHS operating is a national security extraterritorial operation or a criminal extraterritorial operation involving a sensitive circumstance. Approval from an FBI Assistant Director is necessary for national security extraterritorial operations, [redacted]

[snip]

Under the CHSPG, which vests SSAs with daily oversight responsibility for CHSs in routine investigations, approval at the SSA level was sufficient. 525 The only relevant exception for the Crossfire Hurricane investigation were counterintelligence CHS extraterritorial operations, which required approval by an FBI Assistant Director, and which we found received approval by Priestap. 526

526 As described in Chapter Two, the special approval and notification requirements for CHS operations in extraterritorial jurisdiction differ, for example, depending on whether the CHS operation is a national security extraterritorial operation or a criminal extraterritorial operation involving a sensitive circumstance. Approval from an FBI Assistant Director is necessary for national security extraterritorial operations, CHSPG Sections 19.2, 19.3.3. Because the Crossfire Hurricane investigation at the outset was a national security investigation, the extraterritorial CHS operations in the case required Assistant Director approval.

These sections reveal details of the FBI’s rules on informants and the special approvals needed in some cases. This information had already been liberated by Terry Albury (see PDF 25 and 31ff) for the earlier sections that remain redacted (which is a testament to the novelty of this declassification, since he’s in prison for having released it). They’re interesting in the case of Carter Page because there was some dispute about using Steele (to say nothing of the disagreement between Steele and the FBI about what their relationship really entailed).

Apparently, Bill Priestap had to give approval for overseas use of informants (and this must extend to Stefan Halper), not because the investigation was sensitive, but because it was a national security investigation.

164, 464, 484: Joseph Mifsud was neither a CIA asset nor had CIA collected on him

During one of these meetings, Papadopoulos reportedly “suggested” to an FFG official that the Trump campaign “received some kind of a suggestion from Russia” that it could assist the campaign by anonymously releasing derogatory information about presidential candidate Hillary Clinton. 164

164 During October 25, 2018 testimony before the House Judiciary and House Committee on Government Reform and Oversight, Papadopoulos stated that the source of the information he shared with the FFG official was a professor from London, Joseph Mifsud. Papadopoulos testified that Mifsud provided him with information about the Russians possessing “dirt” on Hilary Clinton. Papadopoulos raised the possibility during his Congressional testimony that Mifsud might have been “working with the FBI and this was some sort of operation” to entrap Papadopoulos. As discussed in Chapter Ten of this report, the OIG searched the FBI’s database of Confidential Human Sources (CHS), and did not find any records indicating that Mifsud was an FBI CHS, or that Mifsud’s discussions with Papadopoulos were part of any FBI operation. In Chapter Ten, we also note that the FBI requested information on Mifsud from another U.S. government agency, and received a response from the agency indicating that Mifsud had no relationship with the agency and the agency had no derogatory information on Mifsud.

(U) We refer to Joseph Mifsud by name in this report because the Department publicly revealed Mifsud’s identity in The Special Counsel’s Report (public version). According to The Special Counsel’s Report, Papadopoulos first met Mifsud in March 2016, after Papadopoulos had already learned that he would be serving as a foreign policy advisor for the Trump campaign. According to The Special Counsel’s Report, Mifsud only showed interest in Papadopoulos after learning of Papadopoulos’s role in the campaign, and told Papadopoulos about the Russians possessing “dirt” on then candidate Clinton in late April 2016. The Special Counsel found that Papadopoulos lied to the FBI about the timing of his discussions with Mifsud, as well as the nature and extent of his communications with Mifsud. The Special Counsel charged Papadopoulos under Title 18 U.S.C. § 1001 with making false statements. Papadopoulos pled guilty and was sentenced to 14 days in prison. See The Special Counsel’s Report, Vol. 1, at 192‐94

[snip]

The FBI’s Delta files contain no evidence that Mifsud has ever acted as an FBI CHS,463 and none of the witnesses we interviewed or documents we reviewed had any information to support such an allegation. 464

464 The FBI also requested information on Mifsud from another U.S. government agency, and received a response from that agency indicating that Mifsud had no relationship with that agency.

[snip]

In Crossfire Hurricane, the “articulable factual basis” set forth in the opening EC was the FFG information received from an FBI Legal Attache stating that Papadopoulos had suggested during a meeting in May 2016 with officials from a “trusted foreign partner” that the Trump team had received some kind of suggestion from Russia that it could assist by releasing information damaging to candidate Clinton and President Obama. 484

484 Papadopoulos has stated that the source of the information he shared with the FFG was a professor from London, Joseph Mifsud, and has raised the possibility that Mifsud may have been working with the FBI. As described in Chapter Ten of this report, the OIG searched the FBI’s database of Confidential Human Sources (CHSs) and did not find any records indicating that Mifsud was an FBI CHS, or that Mifsud’s discussions with Papadopoulos were part of any FBI operation. The FBI also requested information on Mifsud from another U.S. government agency and received no information indicating that Mifsud had a relationship with that agency or that the agency had any derogatory information concerning Mifsud.

These declassifications debunk something George Papadopoulos has long claimed: that Joseph Mifsud was part of a Deep State plot run by either the FBI or CIA. The FBI asked CIA if they knew anything about him but did not.

166: How the FBI got involved

The Legat told us he was not provided any other information about the meetings between the FFG and Papadopoulos. 166

166 According to Legat, the senior intelligence official stated at the meeting with the USG official that the FFG information “sounds like an FBI matter.”

This explains how, after Australia passed the Papadopoulos tip to State, State called in both the FBI Legal Attaché in London and a senior intelligence officer — probably Gina Haspel, who at the time was London Station Chief — to explain the tip, after which the SIO said FBI should deal with it. Again, it undermines part of the claims of a Deep State coup.

205: Proof Steele should have known FBI considered him an informant, not a consultant

Steele stated that he never recalled being told that he was a CHS and that he never would have accepted such an arrangement, despite the fact that he signed FBI admonishment and payment paperwork indicating that he was an FBI CHS. 205

205 During his time as an FBI CHS, Steele received a total of $95,000 from the FBI. We reviewed the FBI paperwork for those payments, each of which required Steele’s Signed acknowledgement. On each document, of which there were eight, was the caption “CHS Payment” and “CHS’s Payment Name.” A signature page was missing for one of the payments.

This passage was redacted to hide the fact that when the FBI pays informants they don’t do so under their own name. The passage as a whole provides reason why Steele should have known, contrary to his claims, that FBI treated him bureaucratically as an informant. The fact he had a payment name may or may not strengthen that proof.

208: Oligarchs spent much of 2015 trying to meet the FBI through Steele

In our review of Steele’s CHS file, other pertinent documents, and interviews with Handling Agent 1, Ohr, and Steele, we observed that Steele had multiple contacts with representatives of Russian oligarchs with connections to Russian Intelligence Services (RIS) and senior Kremlin officials. 208

208 (U) A 2015 report concerning oligarchs written by the FBI’s Transnational Organized Crime Intelligence Unit (TOCIU) noted that from January through May 2015, 10 Eurasian oligarchs sought meetings with the FBI, and 5 of these had their intermediaries contact Steele. The report noted that Steele’s contact with 5 Russian oligarchs in a short period of time was unusual and recommended that a validation review be completed on Steele because of this activity. The FBI’s Validation Management Unit did not perform such an assessment on Steele until early 2017 after, as described in Chapter Six, the Crossfire Hurricane team requested an assessment in the context of Steele’s election reporting. Handling Agent 1 told us he had seen the TOCIU report and was not concerned about its findings concerning Steele because he was aware of Steele’s outreach efforts to Russian oligarchs. We found that the TOCIU report was not included in Steele’s Delta file. Handling Agent 1 said that he found preparation of the TOCIU report “curious” because he believed that TOCIU was aware of Steele’s outreach efforts and fully supported them.

The fact that Steele was a liaison between the US government and Russian and Ukrainian oligarchs was not secret. Indeed the sections on Bruce Ohr, as well as Ohr’s declassified 302s, make that clear. What’s most interesting about this (prior) redaction is that, while marked as unclassified, the footnote was redacted. While it’s damning that this was not in Steele’s Delta file, that it had been but is not now redacted may say more about investigations into Ohr and Oleg Deripaska and others, than it does about Steele (meaning they’re no longer protecting those investigations).

210 and 211: Deripaska’s contemporaneous knowledge of the Steele dossier

Ohr told the OIG that, based on information that Steele told him about Russian Oligarch 1, such as when Russian Oligarch 1 would be visiting the United States or applying for a visa, and based on Steele at times seeming to be speaking on Russian Oligarch l’s behalf, Ohr said he had the impression that Russian Oligarch 1 was a client of Steele. 210 We asked Steele about whether he had a relationship with Russian Oligarch 1. Steele stated that he did not have a relationship and indicated that he had met Russian Oligarch 1 one time. He explained that he worked for Russian Oligarch l’s attorney on litigation matters that involved Russian Oligarch 1 but that he could not provide “specifics” about them for confidentiality reasons. Steele stated that Russian Oligarch 1 had no influence on the substance of his election reporting and no contact with any of his sources. He also stated that he was not aware of any information indicating that Russian Oligarch 1 knew of his investigation relating to the 2016 U.S. elections. 211

210 As we discuss in Chapter Six, members of the Crossfire Hurricane team were unaware of Steele’s connections to Russian Oligarch 1. [redacted]

211 Sensitive source reporting from June 2017 indicated that a [person affiliated] to Russian Oligarch 1 was [possibly aware] of Steele’s election investigation as of early July 2016.

I’m going to save my longer discussion on this for a separate post, though I already flagged and explained why these two footnotes were important in this post. The short version is, it suggests that to the extent the dossier was disinformation, focusing on Carter Page would have given cover for whatever mission Konstantin Kilimnik was pursuing in July 2016, at which point Deripaska may have already known of the dossier (remember he went to Moscow and met with Viktor Yanukovych before the meeting). Note, too, that the redacted word that has been substituted as “possibly aware” is too short to be that uncertain, so I question the substitution. Also note that footnote 210 is one of a handful footnotes in the entire report that was not further declassified with this review.

214: Steele used to be a spook

Steele told us he had a source network in place with a proven “track record” that could deliver on Fusion GPS’s requirements. Steele added that this source network previously had furnished intelligence on Russian interference in European affairs. 214

214 Steele told us that the source network did not involve sources from his time as a former foreign government employee and was developed entirely in the period after he retired from governmental service

This redaction only served to hide what we all knew, that Steele used to be an MI6 officer. Either the UK no longer considers that sensitive or they really want to give Trump what he wants.

242: The Carter Page investigation wasn’t only about whether he was a spy

Case Agent 2 told the OIG that he informed Steele that the FBI was interested in obtaining information in “3 buckets.” According to Case Agent 2’s written summary of the meeting, as well as the Supervisory Intel Analyst’s notes, these 3 buckets were:

(1) Additional intelligence/reporting on specific, named individuals (such as [Page] or [Flynn]) involved in facilitating the Trump campaign-Russian relationship; 241 (2) Physical evidence of specific individuals involved in facilitating the Trump campaign-Russian relationship (such as emails, photos, ledgers, memorandums etc); [and] (3) Any individuals or sub sources who [Steele] could identify who could serve as cooperating witnesses to assist in identifying persons involved in the Trump campaign-Russian relationship. 242

242 The FBI advised the OIG that the Crossfire Hurricane investigation was a national security investigation, and these activities therefor[e] involved national security extraterritorial CHS operations [redaction]

The only thing interesting about this declassification is how it relates the earlier and later ones, at 63 and 526, on special approval for using an informant overseas. It is equally interesting, however, that the description of why FBI focused on what they did remains substantially classified.

244: The FBI’s knowledge of Sergei Millian’s activities remains classified

For example, Steele identified a sub-source (Person 1) who Steele said was in direct contact with Steele’s primary source {Primary Sub-source). 244

244 Person 1 [redacted]

Like the footnote about Crossfire Hurricane’s knowledge of Oleg Deripaska’s ties with Steele, nothing new has been redacted here. Incidentally, after the first batch of these declassifications had come out and I called Sergei Millian out on making a chronologically impossible claim about what they showed, we had a charming exchange where he told me his interest in what I told the FBI was unique, which I include here solely to break up the monotony of this post!

253: Someone told Steele that Millian was hiding out

According to Handling Agent l’s records, during October 2016, Steele communicated with him four times and provided seven written reports, one of which concerned Carter Page and thus was responsive to the FBI’s request for information concerning Page’s activities. 253

253 (U) These seven reports, with selected highlights, were:

(U) Report 130 (Putin and his colleagues were surprised and disappointed that leaks of Clinton’s emails had not had a greater impact on the campaign; a stream of hacked Clinton material had been injected by the Kremlin into compliant western media outlets like WikiLeaks and the stream would continue until the election);

[redacted] Report 132 (a top level Russian intelligence figure claimed that Putin regrets the operation to interfere in the U.S. elections);

(U) Report 134 (a close associate of Rosneft President Sechin confirmed a secret meeting with Carter Page in July; Sechin was keen to have sanctions on the company lifted and offered up to a 19 percent stake in return);

(U) Report 135 (Trump attorney Michael Cohen was heavily engaged in a cover up and damage control in an attempt to prevent the full details of Trump’s relationship with Russia being exposed; Cohen had met secretly with several Russian Presidential Administration Legal Department officials; immediate issues were efforts to contain further scandals involving Manafort’s commercial and political role in Russia/Ukraine and to limit damage from the exposure of Carter Page’s secret meetings with Russian leadership figures in Moscow the previous month);

(U) Report 136 (Kremlin insider reports that Cohen’s secret meeting/s with Kremlin officials in August 2016 was/were held in Prague);

[redacted] Report 137 (Divyekin was moved from his position in the Presidential Administration to one in the Duma; this move followed Divyekin being exposed in the western media, e.g., the Yahoo News story of September 23, 2016, as a secret interlocutor of Page); and

[redacted] Report 139 (Person 1 was forced to lie low abroad following his/her exposure in the western media and was currently in [redacted]).

There are three things about these disclosures. First, the redacted bullets were classified (they had some redaction other than the Unclassified markings these other paragraphs have). If they were known disinformation, it’s not clear why they’d be classified.

Second, this and other declassified passages suggest that FBI had IDed Divyekin (otherwise it’s unlikely to be classified). The application itself said FBI believed this person to be Igor Nikolayevich Dyevkin, who work(ed) in the Presidential Administration. Unless these original redactions were attempts to hide what FBI didn’t know but should have?

The other detail is that — whether disinformation or no — Steele got a report in October, during the month after FBI started actively investigating Millian, that claimed he had hidden out. He was in New York at the time, though, and remained out and about at least through the inauguration (where he partied with Papadopoulos). So why redact his purported locale?

This spreadsheet lists which files the FBI got when.

265: Grenell liberates basic FISA vocabulary that has long been hidden

The same day, OGC submitted a FISA request form to OI providing, among other things, a description of the factual information to establish probable cause to believe that Carter Page was an agent of a foreign power, the “facilities” to be targeted under the proposed FISA coverage, and the FBI’s investigative plan. 265

“Facilities” are the items to be searched or subjected to electronic surveillance, such as email accounts, telephone numbers, physical premises, or personal property.

The term facilities has long been unredacted in reports on FISA, but without a definition (though the definition was obvious). Its declassification is long overdue. That said, this definition leaves out a lot of things that can be defined as facilities, such as IP addresses and encryption keys.

276: The rush to surveil Page before he met with foreigners

3: 11 p.m., Lisa Page to McCabe: “QI now has a robust explanation re any possible bias of the chs in the package. Don’t know what the holdup is now, other than Stu’s continued concerns. Strong operational need to have in place before Monday if at all possible, which means ct tomorrow. 276

As described below, it appears the desire to have FISA authority in place before Monday, October, 17, was due, at least in part, to the fact that Carter Page was expected to travel to the United Kingdom and South Africa shortly thereafter, and the Crossfire Hurricane team wanted FISA coverage targeting Carter Page in place before that trip.

This sounds shocking and any rush may have led to problems with the application (though the most serious problems were more substantive than that). But it’s not unusual to tie surveillance to upcoming foreign activities. After all, FBI is trying to understand what someone’s relationship to foreign governments is. And Page had some pretty interesting meetings in places besides just Russia.

Moreover only the details of where Page was traveling were classified in the original release — a description of his travel appears at 321ff.

293, 362, 368, 377: Individualized FISA orders automatically qualify the target for 705(b) surveillance

Yates signed the application, and OI submitted the application to the FISC the same day. By her signature, and as stated in the application, Yates found that the application satisfied the criteria and requirements of the FISA statute and approved its filing with the court. 293

293 Her signature also specifically authorized overseas surveillance of Carter Page under Section 705(b) of the FISA and Executive Order 12333 Section 2.5

362 Her signature also specifically authorized overseas surveillance of Carter Page under Section 705(b) of the FISA and Executive Order 12333 Section 2.5.

368 Boente’s signature also specifically authorized overseas surveillance of Carter Page under Section 705(b) of the FISA and Executive Order 12333 Section 2.5.

Rosenstein’s signature also specifically authorized overseas surveillance of Carter Page under Section 705(b) of the FISA and Executive Order 12333 Section 2.5.

A set of four footnotes describing that the Attorney General designee signature on the Page applications are one of the declassifications that has been significantly misunderstood.

Under FISA, for authorizations that are more strict (with an individualized content warrant being the most strict), authorization for less or equivalent surveillance is fairly automatic. People targeted with individual orders here in the US must either be covered, when they travel overseas, by 703 (surveillance overseas with the assistance of a US provider) or 704 (surveillance without assistance overseas, meaning EO 12333 surveillance), but there’s an authorization, 705(b), that allows both domestic collection and 12333 collection overseas. As far as all public records and some non-public ones show, 703 has never been used. 705(b) has instead, meaning that when people travel overseas, the government uses techniques available under EO 12333. There’s good reason to believe that the techniques available under 705(b)/EO 12333 are much niftier, including (as one example) more sophisticated device hacks.

I wrote about the import of 705(b) authority with Carter Page back in April 2017 (in a piece that also suggested he might be the first person ever to get to review his FISA application).

That he was approved for 705(b) is important because he was surveilled overseas. But that is in no way unique to Page. Nor, even if this were “physical search” mean they were surveilling his person. A hack of a phone, conducted from Maryland, would qualify.

296: Steele fluffed his MI6 experience

Steele is a former [redacted] and has been an FBI source since in or about October 2013. [Steele’s] reporting has been corroborated and used in criminal proceedings and the FBI assesses [Steele] to be reliable. 296

296 Although Case Agent 2’s summary of the early October meeting with Steele states that Steele described his former position in a manner consistent with the footnote in the FISA application, other documentation (discussed in Chapter Eight) indicates that Steele’s former employer told the FBI in November 2016, after the first application was filed, that Steele had served in a “moderately senior” position, not a “high‐ranking” position as Steele suggested.

This is a complaint about whether Steele or the FBI agent was responsible for the depiction of how he was described in a footnote in the application. It basically shows that Steele fluffed his experience when meeting with the Crossfire Hurricane team, but this kind of distinction is often semantics.

301 to 303: Hiding more details about Sergei Millian

Before the initial FISA application was filed, FBI documents and witness testimony indicate that the Crossfire Hurricane team had assessed, particularly following the information Steele provided in early October, that Source E was most likely a person previously known to the FBI, referred to hereinafter as Person 1. 301

[snip]

In addition, we learned that Person 1 was at the time the subject of an open FBI counterintelligence investigation. 302 We also were concerned that the FISA application did not disclose to the court the FBI’s belief that this sub-source was, at the time of the application, the subject of such an investigation. We were told that the Department will usually share with the FISC the fact that a source is a subject in an open case. The 01 Attorney told us he did not recall knowing this information at the time of the first application, even though NYFO opened the case after consulting with and notifying Case Agent 1 and SSA 1 prior to October 12, 2016, nine days before the FISA application was filed. Case Agent 1 said that he may have mentioned the case to the OI Attorney “in passing,” but he did not specifically recall doing so. 303

301 As discussed in Chapter Four, Person 1 [redacted]

302 According to a document circulated among Crossfire Hurricane team members and supervisors in early October 2016, Person 1 had historical contact with persons and entities suspected of being linked to RIS. The document described reporting [redacted] that Person 1 “was rumored to be a former KGB/SVR officer.” In addition, in late December 2016, Department Attorney Bruce Ohr told SSA 1 that he had met with Glenn Simpson and that Simpson had assessed that Person 1 was a RIS officer who was central in connecting Trump to Russia.

303 Although an email indicates that the OI Attorney learned in March 2017 that the FBI had an open case on Person 1, the subsequent renewal applications did not include this fact. According to the OI Attorney, and as reflected in Renewal Application Nos. 2 and 3, the FBI expressed uncertainty about whether this sub‐source was Person 1. However, other FBI documents in the same time period reflect that the ongoing assumption by the Crossfire Hurricane team was that this sub‐source was Person 1.

301 is one of a small number of footnotes that did not get declassified any further. 302 still hides the source of intelligence claiming that Millian was rumored to be a former Russian intelligence officer, though that Glenn Simpson believed it was not really secret. Clearly there are things about Millian — or about the reporting on Millian — that remain legitimately secret. For some reason, 303 was included on the declassification list even though it had been entirely declassified (it was clearly at least FOUO) for the initial release of the report.

328: Secret discussions sometimes remain secret

Priestap said he interpreted the comments about Steele’s judgment to mean that “if he latched on to something … he thought that was the most important thing on the face of this earth” and added that this personality trait doesn’t necessarily “jump out as a particularly bad or horrible [one]” because, as a manager, it can be helpful if the “people reporting to [you] think the stuff they’re working on is the most important thing going on” and use their best efforts to pursue it. Information from these meetings was shared with the Crossfire Hurricane team. However, we found that it was not memorialized in Steele’s Delta file and therefore not considered in a validation review conducted by the FBI’s Validation Management Unit (VMU) in early 2017. 328

328 Priestap told the OIG that he recalled that he may have made a commitment to Steele’s former employer not to document the former’s employer’s views on Steele as a condition for obtaining the information.

It’s unclear whether DOJ IG doesn’t believe Bill Priestap’s explanation for not including details that might be considered derogatory about Steele. And he’s right that the judgment — that Steele might follow shiny objects — might not be a bad thing in a well-managed source. In any case, the US now appears uninterested in hiding this detail.

334: For some reason Steele’s primary sub-source claimed to believe he was getting paid to meet with friends

As noted in the first FISA application, Steele relied on a primary sub-source (Primary Sub-source) for information, and this Primary Sub-source used a network of sub-sources to gather the information that was relayed to Steele; Steele himself was not the originating source of any of the factual information in his reporting. 334

334 When interviewed by the FBI, the Primary Sub‐source stated that he/she did not view his/her contacts as a network of sources, but rather as friends with whom he/she has conversations about current events and government relations. The Primary Sub‐source [was] [redacted]

This passage (the “was” was previously unredacted but is now redacted) has generated a lot of uncritical attention, as has the DOJ IG Report’s reporting on the primary sub-source generally. One possibility for who this person is is that he’s someone in a British-based Russian community; that community has successfully been targeted for assassination repeatedly (and if the person were in Russia, would be even more vulnerable). If this person was knowingly part of disinformation, undermining Steele would be part of the disinformation. If the person was not, he might want to minimize what he did to avoid assassination himself. But the claim — made here — that someone getting paid to tell Steele these stories (as he was) didn’t realize his network was being treated as subsources is laughable, and reflects more on the reliability of what the Primary Subsource actually said, because it is solid evidence he’s spinning his relationship with Steele.

339: People who would have ties to Russian intelligence are alleged to have ties to Russian intelligence

The Primary Sub-source told the FBI that one of his/her subsources furnished information for that part of Report 134 through a text message, but said that the sub-source never stated that Sechin had offered a brokerage interest to Page. 339

339 The Primary Sub‐source also told the FBI at these interviews that the subsource who provided the information about the Carter Page‐ Sechin meeting had connections to Russian Intelligence Services (RIS). [redacted]

From the day the dossier came out, it was explicit that some of the claimed sources for it had ties to Russian intelligence, and it would be unsurprising if someone close to Igor Sechin did too. The context to this footnote — that the Primary Subsource’s texts with the subsource didn’t reflect any payment to Page — is actually far more damning for Steele (or his Subsource, who for reasons I laid out above, I think shouldn’t be trusted). But the fact that spooks talk to spooks is actually not all that interesting (and in Steele’s dossier, is explicit).

Note there’s a redaction after this claim, which may be an assessment of whether the claim, in this case, makes any sense.

342: On top of disinformation, FBI believed both Steele and his sources may have been boasting

According to the Supervisory Intel Analyst, the cause for the discrepancies between the election reporting and explanations later provided to the FBI by Steele’s Primary Sub-source and sub-sources about the reporting was difficult to discern and could be attributed to a number of factors. These included miscommunications between Steele and the Primary Sub-source, exaggerations or misrepresentations by Steele about the information he obtained, or misrepresentations by the Primary Sub-source and/or sub-sources when questioned by the FBI about the information they conveyed to Steele or the Primary Sub-source. 342

342 In late January 2017, a member of the Crossfire Hurricane team received information [redacted] that RIS [may have targeted Orbis; redacted] and research all publicly available information about it. [redacted] However, an early June 2017 USIC report indicated that two persons affiliated with RIS were aware of Steele’s election investigation in early 2016. The Supervisory Intel Analyst told us he was aware of these reports, but that he had no information as of June 2017 that Steele’s election reporting source network had been penetrated or compromised.

There are two allegations in this newly declassified information. First, that someone on the Crossfire Hurricane team received information that said Steele’s company may have been targeted. And second, a recurring report about one or multiple June 2017 reports stating that Russian intelligence knew of Steele’s efforts in “early” or “July” 2016.

The first claim, with the continued redaction, is unclear about three things: whether Steele was targeted by human or cyber spying, and who conducted the open source investigation, and what the “it” refers to (it could be Orbis, or the attempted targeting of him). It would be thoroughly unsurprising if Steele had been phished, for example, as virtually all anti-Russian entities were in this period. Phishing might have entailed open source investigation into Orbis (but then, so would human targeting). If phishing or any other hacking were successful, Russia might have learned of his project that way.

I’ll deal with this June 2017 report(s) in more depth later. Here, though, the Supervisory Intel Analyst was making a distinction between knowing of Steele’s project and compromising it that may not be entirely credible. It’s important in this context because the FBI did not consider, before Page’s June 2017 FISA application, whether Steele’s allegations about him were disinformation. (Elsewhere, Priestap describes that he considered but dismissed the possibility because he didn’t understand how that would work.)

347: FBI used 702 collection to test Steele’s sub-sources

FBI documents reflect that another of Steele’s sub-sources who reviewed the election reporting told the FBI in August 2017 that whatever information in the Steele reports that was attributable to him/her had been “exaggerated” and that he/she did not recognize anything as originating specifically from him/her. 347

347 The FBI [received information in early June 2017 which revealed that, among other things, there were [redacted]] personal and business ties between the sub-source and Steele’s Primary Sub-source; contacts between the sub-source and an individual in the Russian Presidential Administration in June/July 2016; [redacted] and the sub‐source voicing strong support for candidate Clinton in the 2016 U.S. elections. The Supervisory Intel Analyst told us that the FBI did not have Section 702 coverage on any other Steele sub‐source.

A number of frothy right wingers have pointed to this as further proof of a grand conspiracy. It could be that. But that’s not necessarily what this shows. It does show that 1) the sub-source was in touch with both the primary Subsource (which you’d want to prove to make sure the contact actually happened, and 2) the sub-source had the kind of contacts — with Russia’s Presidential Administration — to reflect actual access to information. The Hillary support absolutely could mean that the sub-source played up whatever he or she had learned from Russian sources, in which his or her claim that Steele’s reporting was exaggerated might be a way to deflect blame. That said, the better part of potential sources for this dossier would not have been pro-Hillary.

The declassification reveals the interesting detail that one and only one of Steele’s subsources was targeted under Section 702.

350: The FBI identified the Michael Cohen reporting as erroneous from early on

Stuart Evans, NSD’s Deputy Assistant Attorney General who oversaw OI, stated that if OI had been aware of the information about Steele’s connections to Russian Oligarch 1, it would have been evaluated by OI. He told us: “Counterintelligence investigations are complex, and often involve as I said, you know, double dealing, and people playing all sides…. I think that [the connection between Steele and Russian Oligarch 1] would have been yet another thing we would have wanted to dive into. “350

350 In addition to the information in Steele’s Delta file documenting Steele’s frequent contacts with representatives for multiple Russian oligarchs, we identified reporting the Crossfire Hurricane team received from [redacted] indicating the potential for Russian disinformation influencing Steele’s election reporting. A January 12, 2017, report relayed information from [redacted] outlining an inaccuracy in a limited subset of Steele’s reporting about the activities of Michael Cohen. The [redacted] stated that it did not have high confidence in this subset of Steele’s reporting and assessed that the referenced subset was part of a Russian disinformation campaign to denigrate U.S. foreign relations. A second report from the same [redacted] five days later stated that a person named in the limited subset of Steele’s reporting had denied representations in the reporting and the [redacted] assessed that the person’s denials were truthful. A USIC report dated February 27, 2017, contained information about an individual with reported connections to Trump and Russia who claimed that the public reporting about the details of Trump’s sexual activities in Moscow during a trip in 2013 were false, and that they were the product of RIS “infiltrate[ing] a source into the network” of a [redacted] who compiled a dossier of that individual on Trump’s activities. The [redacted] noted that it had no information indicating that the individual had special access to RIS activities or information.

This footnote is meant to elaborate on Evans’ comment about counterintelligence investigations involving a lot of double dealing, context that is particularly important to reading the still redacted footnote. The footnote explains two things. First, that by January 12, 2017 — that is, days after Buzzfeed published the dossier — what is probably another intelligence service (it could even be the Czechs, given the import of Prague) raised concerns about the accuracy of the subset of reporting on Michael Cohen. Given how Steele represented his reports, however, one set of reports would not necessarily reflect on the accuracy of the others (unless they pointed to disinformation from the primary Subsource); that’s how raw intelligence works! The accuracy of the Cohen reporting does not necessarily reflect on the Page FISA application, which is what this report is about.

The record shows that Mueller did not use the Steele dossier in his investigation of Cohen — which seems to have arisen from Suspicious Activity Reports from his banks showing that immediately after the election a bunch of foreigners, including a key Russian, started paying him large sums. And given what else we know about Cohen, confirmation that this is disinformation actually suggests the disinformation was more sophisticated than otherwise understood, in that it provided cover for other things Russia was doing, something I’ll return to.

As to the 2013 dossier about 2013, because of the redactions, it’s unclear whether the FBI obtained a report of someone reporting that he had learned about a Russian dossier on Trump from his 2013 trip, or that someone else was doing a dossier about someone associated with Trump’s trip. Given what we know from Giorgi Rtskhiladze’s testimony to the FBI and Cohen’s discussion of it since, we already knew there was a dossier material from Trump’s 2013 trip, and had been floated continuously since then. Indeed, this report could actually suggest that the CIA learned of the interactions Rtskhiladze (who had ties to Russia and Trump) had before FBI did.

Update: the version of the footnote that appears in the letter to Grassley shows this footnote was transcribed incorrectly in the full version (replacing “a dossier of information” with “a dossier of that individual”), which raises questions about some of the other transcriptions.

That doesn’t actually change my point:

  1. At least according to Michael Cohen’s sworn testimony, the alleged pee tape had been out there since 2013
  2. Giorgi Rtskhiladze is one person — and if Cohen is to be believed, he’s not alone — who knew of the pee tape allegation, and he definitely wanted to claim it was not real (which I’m not contesting), even while having tried to pressure Cohen with it; he also would fit the description of someone who has ties to Russia and Trump but not public ties to Russian intelligence
  3. The redaction of whose dossier this was — which was DOJ IG’s transcription of the report, not a direct quote — is redacted. If this is about Steele (and I’m not wedded to either reading), then for some reason DOJ IG’s redacted description is sensitive (for some reason they didn’t write “source #1”). And the Steele dossier is not just about Trump’s activities. There are multiple possible explanations for why it is sensitive.

I should not have used “2013” above to distinguish this second claim. But my underlying point remains: in context, that redaction suggests something else is going on.

In any case, I’m grateful to my fan who pointed out the difference in the footnote.

365: Classified stuff about Millian that had already been declassified remains declassified

Renewal Application Nos. 2 and 3 did advise the court of a news article claiming that Person 1 was a source for some of the Steele reports and that Person 1 denied having any compromising information regarding the President. 365

365 In Chapter Five, we describe how the FBI did not specifically and explicitly advise or about the FBI’s assessment before the first FISA application that Person 1 was the sub-source who provided the information relied upon in the application from Steele Reports 80, 95, and 102; that Steele had provided derogatory information regarding Person 1; and that the FBI had an open counterintelligence investigation on Person 1. As noted previously, in the next chapter, we describe the information from the Primary Sub-source interview concerning Person 1 and the information that was not shared with or about inconsistences [sic] between the Primary Sub-source and Steele concerning information provided by Person 1.

As with other instances, there was stuff about Sergei Millian that was declassified for the original release, but as a result was included in this declassification review.

372: FISA collections that corroborated Page’s application has been sequestered

In original form, this footnote (modifying an entirely redacted bullet) described what the third application had said. Because the FISC ordered FBI to sequester all collection from the FISA applications targeting Page, this footnote now marks the information as sequestered.

379: FBI violated minimization procedures in retaining information on Carter Page

According to NSD supervisors, as of October 2019, NSD had not received a formal response from the FISC to the Rule 13 Letter. 379

379 On May 10, 2019, NSD sent a second letter to the FISC concerning the Carter Page FISA applications, advising the court of two indicants in which the FBI failed to comply with the SMPs applicable to physical searches conducted pursuant to the final FISA orders issued by the court on June 29, 2017. According to the letter, the FBI took and retained on an FBI‐issued cell phone photographs of certain property taken in connection with a FISA‐authorized physical search on July 13, 2017, which NSD assessed did not comport with the SMPs. In addition in a separate incident on July 29, 2017, the FBI took photographs in connection with another FISA‐authorized physical search and transferred the photographs to an electronic folder on the FBI’s classified secret network. . According to NSD, court staff contacted an NSD official in response to this letter and asked when the information at issue would be removed from non‐compliant FBI systems, and asked about other cases that might be impacted by the same problem. On October 9, 2019, NSD sent another letter to the FISC advising the court that the FBI completed the remedial process for the information associated with the Page FISA applications and information from other cases impacted by the same problem.

This footnote reveals something specific to Page and more generalized as well. First, FBI did “physical searches” on Page on June 29 and July 13, 2017. Remember, “physical searches” can include searches of stored communication, and in this period, FBI had a specific interest in Page’s use of an encrypted messaging app and bank accounts they had not yet reviewed, so these may not be searches of wherever Page lived at the time (though he has said he was out of the country during one or both of them). It appears the minimization violation pertained to the means by which FBI collected the information, basically by taking a picture of evidence. The language makes it clear that this is a more general problem, one suggesting the FBI had misused cell phones in conjunction with FISA searches (but which are probably totally okay under criminal physical searches).

This is the kind of thing, incidentally, where FBI (or NSA) usually gets FISA to adjust the rules to incorporate such practice, while requiring FBI to purge files of collection that violated the rules when collected.

389: Was the Primary Sub-Source actually not truthful and cooperative?

The Supervisory Intel Analyst did not recall anyone asking him whether he thought the Primary Sub-source was “truthful and cooperative,” as noted in the renewal applications. 389

Email communications reflect that in March 2017—after the first FISA application and first renewal were filed and before the last two renewals—the Supervisory Intel Analyst reviewed the first FISA application and the first renewal at OGC’s request to assist with potential redactions before the Department responded to Congressional information requests. The Supervisory Intel Analyst provided comments to the OGC Attorney, including advising him that the Primary Sub‐source was not [redacted] as stated in the FISA applications, and asking whether a correction should be made. The Supervisory Intel Analyst did not provide any other comments relating to the Primary Sub‐source, and he told us that he did not notice anything else potentially inaccurate or incomplete in the applications at that time.

Nothing new was declassified in this declassification review — the redaction continues to hide what had been claimed about Steele’s Primary Sub-Source. That raises questions about what might still be hidden here, including that there may be some question about how helpful the Primary Sub-Source really was.

475 FBI still had stuff from a pro-Trump informant in their files

The Handling Agent placed the materials into the FBI’s files. 475

475 We notified the FBI upon learning during our review that [redacted] material that the CHS had provided to the FBI were still maintained in FBI files.

This footnote was not further declassified with the declassification review. It pertains to a standing FBI informant who (unbeknownst to the Crossfire Hurricane team) was a part of the Trump campaign and had provided some information to his handler. For some reason, it seems the information should have been removed from FBI files, perhaps because it was disinformation. Note the SSA on this other team was avowedly anti-Hillary and was working on the Clinton Foundation investigation.

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.

Bill Barr Usurped the Power of a Judge Who Was Threatened Herself to Decide the Import of Violent Threats

Presentence Investigation Reports — the report the Probation Office gives to the government and defendants before they write their sentencing memos –are not public. But thanks to Roger Stone, we know that the 7-9 year sentence originally proposed by the government is precisely what the Probation Office recommended for Stone.

Probation and the Government, however, incorrectly maintain that the following offense level increases are applicable:

Specific Offense Characteristics U.S.S.G. §2J1.2(b)(1)(B) 8 level increase ¶76 1

Specific Offense Characteristics U.S.S.G. §2J1.2(b)(1)(2) 3 level increase ¶77

Obstruction of Justice U.S.S.G. §3C1.1 2 level increase ¶80

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

1 Paragraph references are to the Presentence Investigation Report, dated January 16, 2020, (“PSR”). [Dkt. #272].

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

That means that the Attorney General lied to the Senate Judiciary Chair, Lindsey Graham, when — according to Graham — he told him that “that the guidelines call for 3 1/2 to 4 1/2 [yrs] for an offense like this.”

What Barr has done, effectively, is to unilaterally eliminate any punishment for Stone’s threats against Randy Credico (see PDF 243 for where that enhancement is laid out in the sentencing guidelines). He has done so even though prosecutors noted that while Credico doesn’t think Stone would hurt him or his dog Bianca, he does think that Stone’s ghoulish buddies might do something.

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.”

And Barr made that unilateral decision — to discount the import of threats of violence — in a case where Stone threatened the judge, Amy Berman Jackson, herself, in response to which even Stone’s lawyers agreed that the threats might incite others to act. ABJ imposed a gag in this case, very specifically, because Stone had already made public statements that she believed might incite others to take action.

What concerns me is the fact that he chose to use his public platform, and chose to express himself in a manner that can incite others who may feel less constrained. The approach he chose posed a very real risk that others with extreme views and violent inclinations would be inflamed.

[snip]

As a man who, according to his own account, has made communication his forté, his raison d’être, his life’s work, Roger Stone fully understands the power of words and the power of symbols. And there’s nothing ambiguous about crosshairs.

Bill Barr lied to Lindsey Graham, and did so in such a way to ensure that the President’s rat-fucker would face no repercussions for the violent threats he made against Credico and has made against others, including ABJ.

And if he cared at all about his oversight role, Lindsey Graham would call Barr on his lies, not parrot them.

Mind you, ABJ could still sentence Stone to the full 9 years (which I doubt she would have done in the first place). If she does, you can be sure she’ll be the target of a lot of violent threats that Bill Barr will continue to ignore.

DOJ Confirms that Trump’s Anti-Biden Propagandists Were in the Employ of a Russian

Lev Parnas and Igor Fruman were arrested last night as they tried to flee the country in advance of Congressional subpoenas for their testimony. These are the men who, their recently hired attorney, former Trump personal attorney John Dowd, described how intertwined their actions were with the President’s in an effort to excuse them from testifying in the House impeachment inquiry.

Messrs. Parnas and Fruman assisted Mr. Giuliani in connection with his representation of President Trump. Mr. Parnas and Mr. Fruman have also been represented by Mr. Giuliani in connection with their personal and business affairs. They also assisted Joseph DiGenova and Victoria Toensing in their law practice. Thus, certain information you seek in your September 30, 2019, letter is protected by the attorney-client, attorney work product and other privileges.

The indictment charging Parnas and Fruman with multiple counts of conspiracy lays out how they pursued policies pushed by a Ukrainian politician (and, not coincidentally, Trump), in part by getting Congressman Pete Sessions’ help.

[T]hese contributions were made for the purpose of gaining influence with politicians so as to advance their own personal financial interests and the political interests of Ukrainian government officials, including at least one Ukrainian government official with whom they were working. 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], who had also been the beneficiary of approximately $3 million in independent expenditures by [one of the PACs they ran] during the 2018 election cycle. PARNAS and FRUMAN had met [Sessions] at an event sponsored by an independent expenditure committee to which FRUMAN had recently made substantial contribution. During the 2018 election cycle, [Sessions] had been the beneficiary of approximately $3 million in independent expenditures by [their PAC]. At and around the same time PARNAS and FRUMAN committed to raising those funds for [Sessions], PARNAS met with [Sessions] and sought [his] assistance in causing the U.S. Government to remove or recall the then-U.S. Ambassador to Ukraine []. PARNAS’s efforts to remove the Ambassador were conducted, at least in part, at the request of one or more Ukrainian government officials.

This, of course, is the recall of Marie Yovanovitch, that Trump discussed in his quid pro quo call with Volodymyr Zelensky.

What the indictment is less clear about is who the Russian bankrolling all this is. A key part of Parnas and Fruman’s crime is that they were laundering funds for “a foreign national Russian citizen and businessman.”

From in or about June 2018 through April 2019, LEV PARNAS, IGOR FRUMAN, DAVID CORREIA, and ANDREY KUKUSHKIN, the defendants, and others known and unknown, conspired to make political donations — funded by Foreign National-1 [the Russian] — to politicians and candidates for federal and State office to gain influence with candidates as to policies that would benefit a future business venture.

Putting together the Dowd letter and the indictment, it becomes clear that the John Solomon propaganda that Trump was pushing (and which Rudy sent to Mike Pompeo’s State Department as part of the effort to get rid of Yovanovitch and which Lindsey Graham just invited Rudy to come present to the Senate Judiciary Committee) was funded by an as yet unnamed Russian.

It was only a matter of time before Trump was implicated in ConFraudUs with Russia.

Update: Now add this passage from Trump’s call to Zelensky, and it becomes hard to see how Trump is not implicated in the charged conspiracy.

President Zelenskyy: Yes it is. very important for me and everything that you just mentioned earlier. For me as a President, it is very important and we are open for any future cooperation. We are ready to open a new page on cooperation in relations between the United States and Ukraine. For that purpose, I just recalled our ambassador from United States and he will be replaced by a very competent and very experienced ambassador who will work hard on making sure that our two nations are getting closer. I would also like and hope to see him having your trust and your confidence and  have personal relations with you so we can cooperate even more so. I will personally tell you that one of my assistants spoke with Mr. Giuliani just recently and we are hoping very much that Mr. Giuliani will be able to travel to Ukraine and we will meet once he comes to Ukraine. I just wanted to assure you once again that you have nobody but friends around us. I will make sure that I surround myself with the best and most experienced people. I also wanted to tell you that we are friends. We are great friends and you Mr. President have friends in our country so we can continue our strategic partnership. I also plan to surround myself with great people and in addition to that investigation [into the source of the Russian investigation], I guarantee as the President of Ukraine that all the investigations will be done openly and candidly. That I can assure you.

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

President Zelenskyy: I wanted to tell ·you about the prosecutor. First of all I understand and I’m knowledgable about the situation. Since we have won· the absolute majority in our Parliament, the next prosecutor general will be 100% my person, my candidate, who will be approved, by the parliament and will start as a new prosecutor in September. He or she will look into the situation, specifically to the company that you mentioned in this issue. The issue of the investigation of the case is actually the issue of making sure to restore the honesty so we will take care of that and will work on the investigation of the case. On top of that, I would kindly ask you if you have any additional information that you can provide to us, it would be very helpful for the investigation to make sure that we administer justice in our country with regard to the Ambassador to the United States from Ukraine as far as I recall her name was Ivanovich. It was great that you were the first one. who told me that she was a bad ambassador because I agree with you 100%. Her attitude towards me was far from the best as she admired the previous President and she was on his side. She would not accept me as a new President well enough.

The President: Well, she’s going to go through some things.

At a minimum, this makes it clear that the withdrawal of Yovanovitch — which was done with the involvement of Rudy and Parnas –was tied up in the quid pro quo extorted on that call. Indeed, Trump’s suggestion she was “going to go through some things” suggests far worse.

But it is also at least likely that one of the two prosecutors Rudy was pitching was the Ukrainian involved mentioned elsewhere in this indictment.

All of which provides substantial evidence that the quid pro quo Trump engaged in on July 24 — the day after Mueller testified before Congress — is just a continuation of the conspiracy charged in the Parnas and Fruman indictment.

The Press Gets Utterly Snookered on the White House Rebranding of the Same Old Unrelenting Obstruction of Congressional Prerogatives

Yesterday, the White House sent a letter to Nancy Pelosi and just some of the Committee Chairs conducting parts of an impeachment inquiry into the President, purporting to refuse to participate in that impeachment inquiry. Since then, there has been a lot of shocked coverage about how intemperate the letter is, with particular focus on the fact that White House Counsel, Pat Cipollone, used to be considered a serious lawyer. There has been some attempt to analyze the letter as if it is a legal document and not instead the President’s rants packaged up in Times Roman and signed by one of his employees. A number of outlets have thrown entire reporting teams to do insipid horse race coverage of the letter, as if this is one giant game, maybe with nifty commercials on during halftime.

None I’ve seen have described the letter as what it is: an attempt to rebrand the same old outright obstruction that the White House has pursued since January.

The tell — for those teams of well-compensated journalists treating this as a factual document — might have been the addressees. While the letter got sent to Adam Schiff, Eliot Engel, and Elijah Cummings, it did not get sent to Jerry Nadler, who has been pursuing an impeachment inquiry of sorts since the Mueller Report came out. The White House knows Nadler is also part of the impeachment inquiry, because even as the White House was finalizing the letter, Trump’s DOJ was in DC Chief Judge Beryl Howell’s courtroom fighting a House Judiciary request for materials for the impeachment inquiry. In the hearing, DOJ literally argued that the Supreme Court’s 8-0 US v. Nixon was wrongly decided.

Howell picked up on that point by pressing DOJ to say whether then-U.S. District Court Chief Judge John Sirica was wrong in 1974 to let Congress access a detailed “road map” of the Watergate grand jury materials as it considered President Richard Nixon’s impeachment.

Shapiro argued that if the same Watergate road map arose today, there’d be a “different result” because the law has changed since 1974. She said the judge wouldn’t be able to do the same thing absent changes to the grand jury rules and statutes.

Howell sounded skeptical. “Wow. OK,” she replied.

DOJ also argued that Congress would have to pass a law to enshrine the principle that this binding Supreme Court precedent already made the law of the land.

In the HJC branch of the impeachment inquiry, the few credible claims made in yesterday’s letter — such as that Congress is conducting the inquiry in secret without the ability to cross-examine witnesses or have Executive Branch lawyers present — are proven utterly false. And with the claims made in yesterday’s hearing, the Executive demonstrated that they will obstruct even measured requests and negotiations for testimony.

The Trump White House obstructed normal Congressional oversight by absolutely refusing to cooperate.

The Trump White House obstructed an impeachment inquiry focused on requests and voluntary participation.

The Trump White House obstructed an impeachment inquiry where subpoenas were filed.

The Trump White House obstructed an impeachment inquiry relying on whistleblowers who aren’t parties to the White House omertà.

The Trump White House obstructed what numerous judges have made clear are reasonable requests from a co-equal branch of government.

Nothing in the White House’s conduct changed yesterday. Not a single thing. And any journalist who treats this as a new development should trade in her notebooks or maybe move to covering football where such reporting is appropriate.

It is, however, a rebranding of the same old unrelenting obstruction, an effort to relaunch the same policy of unremitting obstruction under an even more intransigent and extreme marketing pitch.

And that — the need to rebrand the same old obstruction — might be worthy topic of news coverage. Why the White House feels the need to scream louder and pound the table more aggressively is a subject for reporting. But to cover it, you’d go to people like Mitt Romney and Susan Collins, who already seem to be preparing to explain votes against the President. You even go to people like Lindsey Graham, who is doing ridiculous things to sustain Rudy Giuliani’s hoaxes in the Senate Judiciary Committee — but who has condemned the principle of making the country dramatically less safe for whimsical personal benefit in Syria. Or you go to Richard Burr, who quietly released a report making it clear Russia took affirmative efforts to elect Trump in 2016.

This week, Trump looked at the first few Republicans getting weak in the knees and his response was to double down on the same old policies, while rolling out a campaign trying to persuade those weak-kneed members of Congress who are contemplating the import of our Constitution not to do so.

The President’s former lawyer testified earlier this year, under oath, that this has always been a branding opportunity to Donald Trump.

Donald Trump is a man who ran for office to make his brand great, not to make our country great. He had no desire or intention to lead this nation – only to market himself and to build his wealth and power. Mr. Trump would often say, this campaign was going to be the “greatest infomercial in political history.”

His latest attempt to cajole Republican loyalty is no different. It’s just a rebranding of the same intransigence. Treating it as anything but a rebranding is organized forgetting of what has taken place for the last nine months, and journalists should know better.

Bill Barr Risks becoming Joseph Mifsud’s New Coffee Boy

Yesterday, the Daily Beast provided details about what Bill Barr was doing in Italy on the trip to dig up dirt first confirmed by the WaPo. According to DB, Barr and John Durham went to Italy on short notice (that is, even as the Ukraine scandal he is personally implicated in was breaking) to watch a videotaped deposition by Joseph Mifsud.

Barr was in Rome on an under-the-radar mission that was only planned a few days in advance. An official with the embassy confirmed to The Daily Beast that they had to scramble to accommodate Barr’s sudden arrival. He had been in Italy before, but not with such a clear motive. Barr and Durham are looking into the events that led to Robert Mueller’s Russia investigation, and suddenly all roads were leading to Rome.

The Daily Beast has learned that Barr and Durham were especially interested in what the Italian secret service knew about Joseph Mifsud, the erstwhile professor from Malta who had allegedly promised then-candidate Donald Trump’s campaign aide George Papadopoulos he could deliver Russian “dirt” on Hillary Clinton. The Italian justice ministry’s public records show that Mifsud had applied for police protection in Italy after disappearing from Link University, where he worked and, in doing so, had given a taped deposition to explain just why people might want to harm him.

A source in the Italian Ministry of Justice, speaking on the condition of anonymity, told The Daily Beast that Barr and Durham were played the tape. A second source within the Italian government also confirmed to The Daily Beast that Barr and Durham were shown other evidence the Italians had on Mifsud.

There are a ton of reasons why this trip is batshit crazy. For one, Barr is placing himself in the role of a line Special Agent, someone without the requisite expertise chasing off to watch taped depositions while he should be running DOJ. For another (as I’ll show in more detail later), Barr is literally just chasing conspiracy theories sown by sworn liar George Papadopoulos, conspiracy theories which fabulist John Solomon (and his obvious sources named Rudy Giuliani and some Russian and Ukrainian oligarchs including Oleg Deripaska) has both fed and magnified. That Barr is doing it as he becomes personally embroiled in a scandal which could implicate him criminally suggests he and Trump may be trying to beat the clock, produce results before the shit really hits the fan.

But what’s most remarkable about the trip is the Attorney General of the United States went out on this goose chase without first ensuring he’d get what he was promised.

There’s a principle often aired when discussing Trump’s failed diplomacy with North Korea. You don’t send out the Principal for a meeting before getting certain commitments that advance your own goals. Trump should not have met with Kim Jong-Un without first getting concessions, because by doing so he took away several things of value (such as conferring credibility on the world stage) that Kim was most interested in.

The same is true here. The Attorney General should never run off to do the work of an FBI line Special Agent. But he certainly shouldn’t do so unless he was getting what he was really after.

And Billy Barr just flew to Italy without getting what he was really looking for.

Handily, for this scandal, Papadopoulos and Solomon and Chuck Ross have been ready scribes for the script that Trump and Billy Barr are supposed to be following. It’s all out in the open.

The Attorney General’s voyage to Italy got set in motion last fall when Ross published two stories relying on Mifsud’s “attorney” Stephen Roh (who himself has close ties to Russia). The first, dated September 10, reported that Mifsud was alive and well hiding in Italy. The second, published October 24, was explicitly a set-up for George Papadopoulos’ testimony before the joint OGR/HJC investigation into the Russian investigation. It included comments from Roh alleging that Mifsud was not a Russian asset, but was instead a Western one. Ross included those comments almost as a side note, even though the comments make what would normally be big news.

Roh told TheDCNF this week that Mifsud claimed in their previous meetings that he was working under the direction of the FBI when he made contact with Papadopoulos. He also claims that Mifsud told him that he was ordered to stay out of the public spotlight until the conclusion of special counsel Robert Mueller’s investigation.

“Prof Mifsud explained that he is and was always a trusted cooperator of Western Intelligence services,” Roh said on Oct. 20.

“Prof Mifsud explained to us that he agreed not to speak, not to give interviews and to hide until the [Mueller] Investigation is terminated,” said Roh, who added that Mifsud claimed that he was being assisted by a London law firm in his discussions with the Mueller team.

The claims, if true, would be bombshell developments in the Russiagate saga. But TheDCNF was not able to independently verify Roh’s claims. The special counsel’s office declined comment.

While some of Roh’s claims about Mifsud would seem to support Papadopoulos’s theories, Roh has also said that Mifsud denies Papadopoulos’s allegation that he mentioned Clinton emails during their April 2016 meeting. Roh has asserted that Papadopoulos was working as an “agent provocateur” for a Western spy agency.

The next day, Papadopoulos — cued by Zachary Somers, then Majority Counsel for Bob Goodlatte — pointed to the Daily Caller piece as the basis for his belief that Joseph Mifsud was actually western intelligence.

Q Okay. So, and Mifsud, he presented himself as what? Who did he tell you he was?

A So looking back in my memory of this person, this is a mid-50’s person, describes himself as a former diplomat who is connected to the world, essentially. I remember he was even telling me that, you know, the Vietnamese prime minister is a good friend of mine. I mean, you have to understand this is the type of personality he was portraying himself as.

And, you know, I guess I took the bait because, you know, usually somebody who — at least in Washington, when somebody portrays themselves in a specific way and has credentials to back it, you believe them. But that’s how he portrayed himself. And then I can’t remember exactly the next thing that happened until he decided to introduce me to Putin’s fake niece in London, which we later found out is some sort of student. But I could get into those details of how that all started. Q And what’s your — just to kind of jump way ahead, what’s your current understanding of who Mifsud is?

A My current understanding?

Q Yeah. A You know, I don’t want to espouse conspiracy theories because, you know, it’s horrifying to really think that they might be true, but just yesterday, there was a report in the Daily Caller from his own lawyer that he was working with the FBI when he approached me. And when he was working me, I guess — I don’t know if that’s a fact, and I’m not saying it’s a fact — I’m just relaying what the Daily Caller reported yesterday, with Chuck Ross, and it stated in a categorical fashion that Stephan Roh, who is Joseph Mifsud’s, I believe his President’s counsel, or PR person, said that Mifsud was never a Russian agent.

In fact, he’s a tremendous friend of western intelligence, which makes sense considering I met him at a western spying school in Rome. And all his interactions — this is just me trying to repeat the report, these are not my words — and when he met with me, he was working as some sort of asset of the FBI. I don’t know if that’s true or not. I’m just reporting what my current understanding is of this individual based on reports from journalists.

As I’ll show, this was not the only time Papadopoulos did this in a deposition that was supposed to air what Papadopoulos knew, personally. His testimony served to validate conspiracy theories planted in right wing propaganda outlets.

In May Devin Nunes, in the guise of raising counterintelligence concerns about the number of high level people (including Boris Johnson, who would not be Prime Minister of the UK right now without dodgy financing of Leave) who had interacted with Mifsud, wrote a letter airing Roh’s claims and information that otherwise has been sourced from Roh, wrote Mike Pompeo, Paul Nakasone, Gina Haspel, and Chris Wray claiming Mueller misrepresented Mifsud.

Alternatively, if Mifsud is not in fact a counterintelligence threat, then that would cast doubt on the Special Counsel’s fundamental description of him and his activities, and raise questions about the veracity of the Special Counsel’s statements and affirmations. It should be noted that the Special Counsel declined to charge Mifsud with any crime even though, to justify seeking a prison sentence for Papadopoulos, the Special Counsel claimed Papadopoulos’ untruthful testimony “undermined investigators’ ability to challenge the Professor [Mifsud] or potentially detain or arrest him while he was still in the United States.” Furthermore, it’s still a mystery how the FBI knew to ask Papadopoulos specifically about Hillary Clinton’s emails, on multiple occasions throughout 2016-17 before having interviewed Mifsud, if the FBI hadn’t already somehow received this information directly or indirectly from Mifsud himself.

Obviously, Nunes’ “concerns” are rank bullshit. The tip from Australia was sufficient to raise question about the emails. And Mueller didn’t charge a bunch of other suspected foreign assets (some even in the US), which is how counterintelligence works. But Nunes’ letter sufficed to make this an official request.

Apparently, then, Stephen Roh shared a transcript of a deposition with some Republicans in Congress and Solomon. That, and more cues from Republicans, Roh, Papadopoulos, and who knows who else, got laundered through a Solomon story full of obvious misrepresentations (one that irks me, for example, is his use of a February 2017 email Mifsud sent following up on his FBI interview to claim Mifsud exchanged emails with the FBI, as if that substantiated an otherwise independent relationship with the Bureau). The news hook of the story is that John Durham wanted to interview Mifsud. But if he couldn’t do that, Solomon dutifully reported, Durham would like to “review a recorded deposition” he gave to Roh.

An investigator told Swiss attorney Stephan Roh that Durham’s team wanted to interview Mifsud, or at the very least review a recorded deposition the professor gave in summer 2018 about his role in the drama involving Donald Trump, Russia and the 2016 election.

The contact, confirmed by multiple sources and contemporaneous email, sent an unmistakable message: Durham, the U.S. attorney handpicked by Attorney General William Barr to determine whether the FBI committed abuses during the Russia investigation, is taking a second look at one of the noteworthy figures and the conclusions of former special counsel Robert Mueller’s final report.

Solomon went on to claim — and the frothy right believes it as scripture now — that if Durham would just interview Mifsud, he would learn that the whole Papadopoulos story was actually a set-up by Western intelligence agencies seeking to frame George Papadopoulos and Donald Trump.

Roh told me the information he is preparing to share with Durham’s team from his client will accentuate those concerns.

Mifsud was a “longtime cooperator of western intel” who was asked specifically by his contacts at Link University in Rome and the London Center of International Law Practice (LCILP) — two academic groups with ties to Western diplomacy and intelligence — to meet with Papadopoulos at a dinner in Rome in mid-March 2016, Roh told me.

A May 2019 letter from Nunes to U.S. intelligence officials corroborates some of Roh’s account, revealing photos showing that the FBI conducted training at Link in fall 2016 and that Mifsud and other Link officials met regularly with world leaders, including Boris Johnson, elected today as Britain’s new prime minister.

A few days after the March dinner, Roh added, Mifsud received instructions from Link superiors to “put Papadopoulos in contact with Russians,” including a think tank figure named Ivan Timofeev and a woman he was instructed to identify to Papadopoulos as Vladimir Putin’s niece.

Mifsud knew the woman was not the Russian president’s niece but, rather, a student who was involved with both the Link and LCILP campuses, and the professor believed there was an effort underway to determine whether Papadopoulos was an “agent provocateur” seeking foreign contacts, Roh said.

The evidence, he told me, “clearly indicates that this was not only a surveillance op but a more sophisticated intel operation” in which Mifsud became involved.

The point is, though, that the ask was an interview, at which Barr and Durham (and, if they had brought experienced interrogators, which the DB does not report they did) would be able to test Mifsud’s credibility. Sitting in a secure room and watching a deposition (without experts there to test the provenance of the deposition video, no less) was not the ask and provides no way to obtain what would really be necessary.

But Barr didn’t demand that, and he didn’t get that. Instead, he allowed himself to be lured into a dark room in Italy to watch something — possibly without anyone with the relevant counterintelligence expertise to help him understand it — that provides very little useful information to test Mifsud’s claims. That puts the Attorney General in an incredibly vulnerable position (even beyond being implicated in covering up the President’s extortion to get such access), because he not only has traded away a lot of leverage to get what he would actually need to test this information, but he has already met a suspected Russian asset on the asset’s terms.

A lot of what Papadopoulos has done over the last three years was downright idiotic. But he has the excuse of being stupid, untrained, venal, and overly ambitious.

Billy Barr has no excuses for doing something that is even stupider than much of what Papadopoulos did. And yet he did just that.

Horowitz

What a Properly Scoped FISA Abuse Inspector General Report Would Look Like

In this piece on the Jim Comey IG Report, I showed that Michael Horowitz’s department received evidence of two violations of DOJ rules. His office first received seven memos that documented that DOJ’s protocols to ensure the integrity of investigations had collapsed under Donald Trump’s efforts to influence investigations. And then, at some later time, his office learned that Comey had (improperly, according to the report) retained those memos even after being fired and that FBI had classified six words in the memos he retained retroactively.

Horowitz’s office has completed an investigation into an act that otherwise might be punished by termination that already happened. But there is zero evidence that Horowitz has conducted an investigation into the subject of the whistleblower complaint, the breakdown of DOJ’s protections against corruption.

In April 2018, Horowitz released a report (which had been hastily completed in February) detailing that Andrew McCabe had been behind a reactive media release during the 2016 election. But his office has not yet released its conclusions regarding the rampant leaks that McCabe was responding to. In other words, Horowitz seems to have once again released a report on a problem that — however urgent or not — has already been remedied, but not released a report on ongoing harm.

Horowitz is reportedly preparing to release a report on what the frothy right calls “FISA abuse.” but given the content of a Lindsey Graham letter calling for declassification of its underlying materials, it’s seems likely that that report, too, is scoped narrowly, focusing just on Carter Page (and any other Trump officials targeted under FISA). There’s no request for backup materials on the other investigation predicated off of hostile opposition research, the investigation into the Clinton Foundation.

I have long said that if Republicans think the FISA order into Carter Page was abusive, then they’re being remiss in their oversight of FISA generally, because whatever abuse happened with Page happens, in far more egregious fashion, on the FISA applications of other people targeted and prosecuted with them.

If Michael Horowitz is concerned that the information from paid informants is not properly vetted before being used as the basis for a FISA application, they would be better to focus on any number of terrorism defendants. Adel Daoud appears to have been targeted under FISA based off a referral — probably, like Christopher Steele, a paid consultant — claiming he said something in a forum that the government later stopped claiming; Daoud remains in prison right now after having been set up in an FBI sting.

If Michael Horowitz is concerned that the FBI is misusing press reports in FISA applications, they would be better to focus on the case against Keith Gartenlaub. The FBI based its FISA applications partly off a Wired article that was totally unrelated to anything Gartenlaub was involved with. Gartenlaub will forever be branded as a sex criminal because, after finding no evidence that he was a spy, the government found 10 year old child porn they had no evidence he had ever accessed.

If Michael Horowitz is concerned that information underlying a FISA application included errors — such as that there are no Russian consulates in Miami — he should probably review how Xiaoxing Xi got targeted under FISA because the FBI didn’t understand what normal scholarship about semiconductors involves. While DOJ dropped its prosecution of Xi once it became clear how badly they had screwed up, he was charged and arrested.

And if Michael Horowitz is concerned about FISA abuse, then he should examine why zero defendants have ever gotten able to review their applications, even though that was the intent of Congress. Both Daoud and Gartenlaub should have been able to review their files, but both were denied at the appellate level.

The point being, the eventual report on “FISA abuse” will not be about FISA abuse. It will, once again, be about the President’s grievances. It will, at least according to public reporting, not treat far more significant problems, including cases where the injury against the targets was far greater than it was for Carter Page.

I don’t believe Michael Horowitz believes he is serving as an instrument of the President’s grievances. But by scoping his work to include only the evidence that stems from the President’s grievances and leaving out matters that involve ongoing harm, that’s what he is doing.

Note: I have or had a legal relationship with attorneys involved in these cases, though not when writing the underlying posts.

Did Some Republican in Congress Leak Details of the Mueller Report to Roger Stone?

There’s a passage from a recent Roger Stone filing I’ve been puzzling over. In a motion asking for discovery on selective prosecution — an effort that started out by arguing no one else had been prosecuted for false statements to Congress before that became ridiculous — Stone claims that

Yet, he was ruled out as a conspirator with the Russian state and WikiLeaks before his transcript from HPSCI was transmitted.

This effort parallels an effort to get the whole Mueller Report and this motion asks for all the declination memos on top of that.

Prosecuting Stone because of his arbitrary classification requires discovery, including the declination memos sent to the Attorney General, so that it may be determined who the government thinks lied to Congress or the Special Counsel, but were not prosecuted.

The claim that Stone was ruled out as a co-conspirator with Russia or WikiLeaks is probably true (though not necessarily all that helpful for his case). I’m just trying to figure out how he knows that, if he does. It seems there are four possibilities:

  1. His lawyers, who are fairly careless and who have made false claims in other briefs, are just making this up
  2. He got something in discovery that makes this clear
  3. He’s basing this off Jerome Corsi’s public claims
  4. Someone who has seen an unredacted copy of the Mueller Report (which currently includes the White House and at least 7 of the 8 Republicans who had been given an opportunity to read it before yesterday) told him what those passages of the report say
  5. He learned of this decision in real time, via reporting to the White House and then some channel from the White House

As noted, his lawyers have not been above making shit up, so it’s possible this is what this claim is. But it feels too specific for that.

It’s also possible he got something in discovery to support this claim, except the prosecutors are fighting to provide precisely this kind of information to him in their fight against releasing the Mueller Report.

Such an assertion could be intuited from Jerome Corsi’s crazed rants. Corsi has said that he believes the true source of his/their knowledge that WikiLeaks would release John Podesta’s emails was the cornerstone to Mueller’s “collusion” case (though of course he was assessing conspiracy, as Stone correctly notes here.

It’s certainly possible this is reflected in the less redacted Mueller Report, which would explaining the timing of this claim, which by my reading is new in this filing. Republicans in Congress have tampered with the criminal cases against Trump’s people on at least two occasions (when Richard Burr told the White House who had been targeted, and whoever reached out to Mike Flynn to discourage his cooperation). Given DOJ’s warnings about how sensitive the report is, it would be fairly damning if one of just 5 Republicans who had seen it already ran to Stone to tell him what’s in it. (Those 5 are: Mitch McConnell, Richard Burr, Lindsey Graham, Kevin McCarthy, and Doug Collins; it’s not clear whether Devin Nunes has reviewed the report yet.)

I’m most interested whether Stone learned in real time — perhaps last fall — that Mueller had decided not to charge him in a conspiracy with WikiLeaks and Russia. That would be particularly interesting given that Paul Manafort actually told what resembles the truth about the campaign’s outreach, through Stone, to WikiLeaks.

Amy Berman Jackson currently has unredacted parts of the Mueller Report pertaining to Stone, so if this information does come from leaks about the Mueller Report, she may recognize that.

As I said, even if Mueller decided not to charge Stone in a conspiracy because, with the witness tampering charges, he may face the same kind of sentence without some of the evidentiary hurdles, it doesn’t amount to selective prosecution.

But Stone sure seems to have a specific idea of what he’s looking for, even if it only helps his (and Trump’s) political case, not his criminal one.

Update: Corrected the number of Republicans known to have reviewed the report to 5.

As I disclosed last July, 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. 

Three Times William Barr Said Trading Pardons for False Testimony Was Obstruction of Justice

In the discussion of the Bill Barr memo in the last two days, the discussion of Barr’s claimed views on obstruction have mostly focused on the crazier parts of the memo that got him the job, and not even the passage at the bottom of the first page where he claimed to believe that if a President suborned perjury, it’d be a crime for him just as it would be for anyone else.

Obviously, the President and any other official can commit obstruction in this classic sense of sabotaging a proceeding’s truth-finding function. Thus, for example, if a President knowingly destroys or alters evidence, suborns perjury, or induces a witness to change testimony, or commits any act deliberately impairing the integrity or availability of evidence, then he, like anyone else, commits the crime of obstruction.

There has been far less attention to what he said in his confirmation hearing (where Lindsey Graham did not put him under oath). There were three substantive exchanges about what might constitute obstruction of justice for a President. And all of them get perilously close to behavior that Barr, now ensconced as Attorney General, claimed Sunday did not amount to obstruction of justice.

When Barr answered these questions, he appeared to have little awareness that Trump had floated pardons to — at least — Paul Manafort, Mike Flynn, and Michael Cohen. The first time he got asked about a pardon for false testimony, he stated clearly that would be a crime.

Patrick Leahy, specifically invoking Barr’s sanction of the Caspar Weinberger pardon that squelched the Iran-Contra investigation, asked Barr about pardons.

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.

Then, in this exchange from Amy Klobuchar, it appeared to take Barr several questions before he realized she knew more about the evidence than he did, and started couching his answers.

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.

Klobuchar: And on page two, you said that a President deliberately impairing the integrity or availability of evidence would be an obstruction. Is that correct?

Barr: Yes.

Klobuchar: OK. And so what if a President told a witness not to cooperate with an investigation or hinted at a pardon?

Barr: I’d have to now the specifics facts, I’d have to know the specific facts.

Klobuchar: OK. And you wrote on page one that if a President knowingly destroys or alters evidence, that would be obstruction?

Barr: Yes.

Klobuchar: OK. So what if a President drafted a misleading statement to conceal the purpose of a meeting. Would that be obstruction?

Barr: Again, I’d have to know the specifics.

Shortly after that exchange, Lindsey Graham tried to clarify the issue, asking the pardon question at a more basic level, coaching another not to testify, as Trump has done on Twitter repeatedly.

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.

Lindsey: So if there’s some evidence that the President tried to conceal evidence? That would be obstruction of justice, potentially?

Barr: [nods]

Admittedly, by the third exchange, both Lindsey and Barr were hedging far more carefully about the set of facts.

But on three different occasions during his confirmation hearing, Barr made some kind of statement that said floating pardons for false testimony would be a crime.

And then, on Sunday, he said it wasn’t a crime.

As I disclosed last July, 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.