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On Merrick Garland’s Confirmation

As you may, or may not, have heard, Merrick Garland was confirmed, by a vote of 70-30, as the next Attorney General for the United States a few minutes ago. That is a good thing. Garland is a competent, and stabilizing, presence that will be very good for the Department of Justice. And, man can the DOJ use that about now.

But, before people do too many backflips, remember that Merrick Garland is no avenging liberal hero. He has a horrible record on criminal justice issues, and very long has. He is a built in stabilizer, but certainly not as the once and future cure for the ills of the justice system, which at his new job will be front and center.

Is Garland the cure? No. He is an admirable and good man that will restore some bit of normalcy and, hopefully, consistent competence to the DOJ. That alone means everything right now in the wake of the disastrous Jeff Sessions, Matt Whitaker and William Barr eras under Donald Trump. The resetting and stabilization is critical right now.

There are a bunch of just below the AG nominees Biden has made that are great. As Marcy noted previously, Vanita Gupta and Kristen Clarke are excellent people. And, yes, even Lisa Monaco (as DAG) will likely be a competent and worthy person in leadership. Didn’t see me saying that ten years ago. There are also outstanding former DOJ people like Sam Bagenstos and Sasha Samberg-Champion returning to government, even if not at the DOJ, and they are taking pay hits to do so. Be thankful for those, and similar, people because that is also truly good stuff.

In short, all are tectonic shifts in the right direction from the disastrous Trump years. But, as to Garland, let’s wait and see. He was a good and stable choice. Before you place your hopes and dreams on him too much, however, let him show his work. On criminal justice, his history of work has been, shall we say, rather uneven. There were several warts when Obama nominated Garland for the Supreme Court, and there still are. For now though, great.

The Most Counterproductive Letter in Defense of Julian Assange

How seriously do you think the Joe Biden Administration is going to take a letter that,

  • Implicitly treats helping Edward Snowden flee Hong Kong to Russia (one of the overt acts Julian Assange is currently charged with) as a journalistic activity
  • Was written by an organization on the board of which Edward Snowden serves, without any disclosure of the relationship (or that another Freedom of the Press Foundation board member, Laura Poitras, decided in real time that such activities weren’t journalism, thereby eliminating the New York Times problem the letter claims still exists)
  • Treats the Julian Assange extradition request as a Trump Administration decision at a time when Biden is trying to emphasize that DOJ represents the country, not one president
  • Ties the Assange prosecution to Trump’s other politicization of DOJ when the evidence shows the opposite happened, that Trump abused power to attempt to protect Assange (in her ruling, Judge Baraitser also noted that Trump in no way treated WikiLeaks like he treated journalistic outlets)
  • Relies on dated 2013 reporting about the sum total of WikiLeaks’ actions targeting the US, ignoring much of the public record since, not to mention the grave damage incurred by a release — Vault 7 — that had almost no news value, which was allegedly leaked while Acting Deputy Attorney General John Carlin (who will probably field this letter) was in charge of DOJ’s National Security Division
  • Exhibits zero familiarity with the 54-page report — citing testimony from Biden Administration members Avril Haines, Lisa Monaco, Susan Rice, Tony Blinken, Samantha Power, Denis McDonough, and John Kerry — that concluded one reason the Obama Administration didn’t respond in more timely fashion to Russia’s attack on the 2016 election was because of a delayed understanding of how WikiLeaks had been “coopted” by Russia:

Despite Moscow’s history of leaking politically damaging information, and the increasingly significant publication of illicitly obtained information by coopted third parties, such as WikiLeaks, which historically had published information harmful to the United States, previous use of weaponized information alone was not sufficient for the administration to take immediate action on the DNC breach. The administration was not fully engaged until some key intelligence insights were provided by the IC, which shifted how the administration viewed the issue.

[snip]

The executive branch struggled to develop a complete understanding of WikiLeaks. Some officials viewed WikiLeaks as a legitimate news outlet, while others viewed WikiLeaks as a hostile organization acting intentionally and deliberately to undermine U.S. or allies’ interests.

The letter claims to want to protect a “robust” press. But this letter fails to meet journalistic standards of transparency or accuracy.

Nevertheless, the following organizations signed onto such a (in my opinion) counterproductive letter:

  • Access Now
  • American Civil Liberties Union
  • Amnesty International – USA
  • Center for Constitutional Rights
  • Committee to Protect Journalists
  • Defending Rights and Dissent
  • Demand Progress
  • Electronic Frontier Foundation
  • Fight for the Future
  • First Amendment Coalition Free Press
  • Freedom of the Press Foundation
  • Human Rights Watch
  • Index on Censorship
  • Knight First Amendment Institute at Columbia University
  • National Coalition Against Censorship
  • Open The Government
  • Partnership for Civil Justice Fund
  • PEN America
  • Project on Government Oversight
  • Reporters Without Borders
  • Roots Action
  • The Press Freedom Defense Fund of First Look Institute
  • Whistleblower & Source ProtectionProgram (WHISPeR) at ExposeFacts

I have a great deal of respect for these organizations, have worked for several of them, and have received funding in the past from Freedom of the Press Foundation. I agree with the sentiment of the letter that some of the current charges against Assange pose a risk to journalism. I believe these organizations could have written an effective letter to Acting Attorney General Monty Wilkinson (or, more effectively and with better targeting, to Carlin).

Instead, they signed onto a letter that violates several of the principles of journalism they claim to want to defend.

The January 6 Investigation Remains in an Early Stage

A lot of people are talking about this report comparing the demographics of the January 6 arrestees with those of past right wing extremist arrests. The report has interesting data — most notably showing that those arrested after January 6 were disproportionately from counties that Biden won.

That said, the methodology behind the comparison is flawed because what would get someone arrested at a normal white supremacist event and what would get them arrested in the wake of January 6 are totally different.

Partly as a way to explain why — and to answer some questions I keep getting — I’d like to talk about what we know of the investigation.

Chain-of-command

First, let’s review who is in the chain-of-command of the investigation.

The investigation is being conducted out of FBI’s Washington Field Office, overseen by Steven M. D’Antuono, and the DC US Attorney’s Office, led by Acting US Attorney Michael Sherwin. Sherwin was Jeffrey Rosen’s hand-selected replacement for Bill Barr flunky Timothy Shea (who in turn replaced Jesse Liu, who did a good job and so was ousted), but unlike Shea (and Barr and Rosen), Sherwin is a career prosecutor with a background on national security cases. And while Sherwin oversaw some politicized shit (notably the later parts of the Mike Flynn gambit), others were involved in the day-to-day, which means, in part, that Sherwin doesn’t necessarily know about the altered documents and whatnot.

In any case, Ken Kohl, a fairly problematic career prosecutor in DC who was personally involved in the Flynn corruption, hasn’t been seen in any of the statements or court filings since the first days of the investigation, when he claimed the investigation wouldn’t incorporate those who incited the attack.

There might have been a concern in the first weeks of investigation that Trump’s dead-enders would limit it. But at this point, such a move would be reported on. Moreover, the top political appointee in DOJ until Merrick Garland or Lisa Monaco are confirmed is John Carlin, who served as Obama’s National Security Division head for the last two years of his Administration. He was a long-time prosecutor himself and would be as comfortable overseeing a terrorism investigation like the DC one as Monaco will be.

It’s unclear when Biden will get around to replacing Trump’s US Attorneys, including Sherwin. But until that time, every single indictment of a Trump terrorist will be signed by a Trump appointee, which may undercut any claims of politicization. And the pace or focus of the investigation is unlikely to change when Garland is finally confirmed (which might be just days away in any case). The major thing he might approve would be the inclusion of Trump or any other political target, and possibly of a broader seditious conspiracy case — but the latter, at least, already seems likely under Sherwin’s supervision.

The prosecution teams are still falling into place right now. Among the prosecutors for the Zip-Tie guy, though, is one of the people who prosecuted Maria Butina. Among the prosecutors for the Oath Keeper conspiracy is one of the women brought into the Mueller team to deal with the Russian defendants.

Triage

I get asked a lot whether the investigation will pick up once Garland is confirmed.

No.

One reason it won’t is because the investigation is already moving at a remarkable clip; even without certain bottlenecks due to COVID (such as limited grand jury time and the difficulties created by dial-in court hearings), it would be hard to investigate much more quickly.

I think people may misunderstand that because of the steady clip of arrests since the attack, with around 178 of around 800 people who were in the Capitol during the attack (181 have been charged so far, but that includes a few people who issued threats but didn’t make it into the Capitol).

DOJ has said that they’ve been mostly arresting the people who mugged on social media bragging about the insurrection. What DOJ did in these first weeks, then, is to focus on all the people whose Facebook friends tipped off the FBI or who did interviews or who otherwise came to easy attention. Many of those people (about half of all the people who’ve been arrested so far) have been charged with just the two trespassing statutes that everyone who stepped foot in the Capitol got charged with, 18 USC 1752 and 40 USC 5104. This is one reason why the study on demographics is not a sound comparison: because literally everyone who stepped in the Capitol committed that trespassing crime, and many of the people who did will never be charged with anything but misdemeanor trespassing charges.

Those people may have loathsome beliefs or be adherents to a cult (whether QAnon or Trump). But it seems that if people just rushed in with the crowds and didn’t damage anything and didn’t assault cops and weren’t privy to or instrumental in a plan to disrupt the vote, it’ll end there, with misdemeanor charges.

That said, as I laid out here, DOJ seems to be adding, at a minimum,  18 USC 1512(c)(2) charges for interfering with the certification of the vote to a subset of those initially charged with just the misdemeanors. They seem to be doing so with those who had a bigger role in delaying the vote count. If that’s all these people are charged with (a number are also charged with property damage or assault) and they don’t have a record, they might be facing 41 to 51 months in prison. I imagine there are some borderline people whom DOJ is suggesting should plead now to those misdemeanor charges to avoid the felony, and I imagine the felony charge(s) will be used to get some people to cooperate and to support keeping others in jail pre-trial.

Already for these defendants, we may not discover what DOJ saw that led them to believe the person merited more than a trespassing charge. In most cases, the FBI will be obtaining more legal process to understand better why a person showed up at the Capitol, what they did there, and what network got them to go to the riot in the first place, as well as any substantial ties to that network.

In other words, it’s likely the 1512 charge is itself a midway point, perhaps a terminal charge for those who were conspiring with others to overturn democracy, perhaps a bookmark as DOJ conducts further investigation.

Sealed investigative steps

Meanwhile, the FBI is conducting further investigation of the right wing networks that planned this attack, steps we’re just seeing hints of, such as with this report on a search of the homes of two people who organized the January 5 rally (and I’ve heard of a few more that haven’t been publicly reported).

The FBI recently raided the homes of two men who sponsored an invective-laced rally near the US Capitol a day before the deadly insurrection, the first known search warrants involving people who organized and spoke at rallies preceding the attack.

[snip]

FBI spokeswoman Laura Eimiller confirmed that federal agents executed search warrants last week at two properties in Orange County, California, which public records indicate belong to Russell Taylor and Alan Hostetter. The two men run the American Phoenix Project, which co-sponsored a pro-Donald Trump rally near the Supreme Court on January 5, one day before the attack.
Neither man has been charged with any crimes.
Footage of the rally shows the men spewing militant vitriol: Hostetter told the crowd to prepare for “war tomorrow” against “vipers” in Congress who refused to nullify President Joe Biden’s win. Taylor said, “We will not return to our peaceful way of life until this election is made right.”

With anyone who didn’t make it inside the Capitol, the government would need to do more to charge them. And for some networks (for example, we know there were around 40 Oath Keepers at the rally, yet only 3 have been charged), the government may want to wait before it starts charging one after another person. It may pick and choose which members of a known network — like the Proud Boys — it charges when.

The thing is, a lot of these people are going to have better operational security than the people who posed for selfies (or managed to destroy evidence). A lot of them are going to be somewhat more difficult to implicate in the insurrection. And a lot of the investigative work will take more time, potentially a lot more time (and require cooperators). You shouldn’t want DOJ to rush it because it’s the kind of thing that good lawyers will mount a First Amendment challenge to.

It will take some time. But that’s not because Billy Barr has come back from whatever corporate boardroom he’s sitting in and sabotaged things. It will take some time because it will take some time.

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

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

First, some dates:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

They needed help — now, he told Levi.

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

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

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

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

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

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

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

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

Why Merrick Garland Is a Better Attorney General Pick Than You Think

Politico reports that, Joe Biden will pick Merrick Garland to be Attorney General. As I was discussing this morning, it was fairly clear that Biden was delaying this decision until after the Georgia race, which made it clear that Garland was likely going to be his choice if Dems took both seats. Pending Biden’s decisions on other positions, this pick is better than you think.

First, Garland’s resignation from the DC Circuit opens up a judgeship that Biden can fill right away, with confidence his judge will be confirmed. He is likely to pick someone far more liberal than Garland. The candidate will almost certainly be a person of color, probably a Black woman. And she’s likely to be in her 40s. In short, Garland’s resignation allows Biden to start counteracting the damage Trump has done to courts right away, and in the second most important court in the country. Biden will start his Administration with an important judicial appointment that will likely have an impact for decades.

The other positions that matter are Deputy Attorney General — who is the person who runs DOJ on a day-to-day basis — and the Assistant Attorneys General, especially at the Criminal Division and Civil Rights Division. Reporting has said that Biden will emphasize diversity in these roles, and he’s likely to pick people to Garland’s left (because most candidates will be to his left). If that is right, then it means the people running DOJ day-to-day will be more liberal Democrats, with someone who is viewed as a well-respected, fairly non-partisan person leading the department.

In general, that will give Republicans confidence that Biden is not simply replacing a hyper-partisan Barr with someone as partisan as Barr was, even while ensuring that the people who do much of the work will be solid liberals.

I also think this makes it more likely that DOJ could investigate and prosecute Trump. As AG, Garland would only have oversight over a select set of decisions in such an investigation. For example, he would likely have to approve subpoenaing Trump Organization to figure out if Trump got a bribe via an Egyptian bank during 2016 (though such a subpoena would be easier to do after Trump is out of office and if New York State charges other corruption crimes). The most important step Garland would have to approve would be any charges of Trump (or presumably those close to him).

But Garland would not be involved in the day-to-day investigation. He would sign off on any major steps against Trump, but prosecutors well below Garland’s level will conduct the investigation (including investigations already in process that implicate Trump).

That’s honestly how Democrats should prefer any prosecution of Trump, that they be sufficiently well-predicated and substantiated enough to get Garland’s blessing. And if any hypothetical prosecution of Trump does have his blessing, it’ll be more likely to be viewed as a legitimate prosecution, not payback.

My biggest concern about this appointment is criminal justice reform (something that would be pursued in the Criminal and Civil Rights Divisions). One item of note, however: Garland has been recusing on death penalty cases in recent weeks, obviously in anticipation that he might get this appointment. One reason he would do so is an expectation that Biden might change policy significantly in this regard. At the very least, it suggests it is something that has come up in conversations between the two.

Garland is not my first choice: Doug Jones would have been. But there are advantages this appointment gives Biden that Jones does not.

Update: And here are those other positions.

Biden is expected to announce Garland’s appointment on Thursday, along with other senior leaders of the department, including former homeland security adviser Lisa Monaco as deputy attorney general and former Justice Department civil rights chief Vanita Gupta as associate attorney general. He will also name an assistant attorney general for civil rights, Kristen Clarke, the founder of Lawyers’ Committee for Civil Rights Under Law, an advocacy group.

Gupta and Clarke are precisely the kinds of people who will attend to civil rights issues. It will genuinely be exciting to have the two of them working on these issues, as both are superb (as someone noted on Twitter, Clarke’s pinned tweet right now is about her lawsuit against the Proud Boys for damaging a Black church in DC).

In addition to being Obama’s Homeland Security Assistant, Lisa Monaco was also a top lawyer at DOJ, including at FBI. I think she’ll bring real weight at FBI, without needing to swap out Chris Wray. Ironically, she is the one person in Obama’s orbit who had a direct role in Mike Flynn’s efforts to undermine Russian sanctions (which she largely imposed), because Tom Bossert consulted with her on how the Russians were responding to the sanctions and then reported back to his bosses, including Flynn, minutes before Flynn called Kislyak.

Tom Bossert Gives Trump the Advice Trump Refused Four Years Ago

Almost exactly four years ago, at a time when (seemingly unbeknownst to Trump’s incoming Homeland Security advisor Tom Bossert) Mike Flynn and his Deputy KT McFarland were secretly making asks of the Russian government, top Transition team officials discussed what to do about sanctions Obama imposed, in part, to punish Russia for interfering in the just finished election.

As part of that discussion, Bossert asked his predecessor Lisa Monaco how the Russians were responding to sanctions. At 4:01 PM on December 29, he reported back to Flynn, McFarland, Steve Bannon (at Bannon’s personal email), Keith Kellogg, and Reince Priebus:

[Monaco] confirms the Russiand [sic] have already responded with strong threats, promising to retaliate. [She] characterized the Russian response as bellicose. My thoughts, sans the Russia angle, on which I defer to Mike and KT: [redacted] : Cyber attacks by forcing [sic] governments or anyone else are unacceptable and must be taken seriously. The alleged Russian hack of US entities involved in the US political process is a problem. Of course we must separate their attempts to influence our election from the rash conclusion that they succeeded in altering the views of any American voter. We must be wary of escalatory retaliation to follow.

Immediately after receiving this call, Flynn called McFarland using the phone in his Dominican Republic hotel room. They spoke for 11 minutes.

Approximately eight minutes after Flynn and McFarland hung up, at 4:20, Flynn called Sergey Kislyak from that same hotel room phone to a phone at the Russian Embassy wiretapped by the FBI. The person who transcribed the intercept observed that it sounded like Flynn might be using his speaker phone.

On the call, Flynn raised the sanctions. He asked the Russian Ambassador not to box the Trump Administration in and further asked not to escalate things to avoid getting into a tit-for-tat.

Approximately 12 minutes after the end of Flynn’s call with Kislyak, KT McFarland responded to Bossert’s email, claiming Flynn would call Kislyak later than evening, yet quoting the phrases “tit-for-tat” and “box” Trump in directly from the call Flynn had just made to the Ambassador — the one the transcriber believed may have been made on a speaker phone.

On Dec. 29, a transition adviser to Mr. Trump, K. T. McFarland, wrote in an email to a colleague that sanctions announced hours before by the Obama administration in retaliation for Russian election meddling were aimed at discrediting Mr. Trump’s victory. The sanctions could also make it much harder for Mr. Trump to ease tensions with Russia, “which has just thrown the U.S.A. election to him,” she wrote in the emails obtained by The Times.

[snip]

Mr. Obama, she wrote, was trying to “box Trump in diplomatically with Russia,” which could limit his options with other countries, including Iran and Syria. “Russia is key that unlocks door,” she wrote.

She also wrote that the sanctions over Russian election meddling were intended to “lure Trump in trap of saying something” in defense of Russia, and were aimed at “discrediting Trump’s victory by saying it was due to Russian interference.”

“If there is a tit-for-tat escalation Trump will have difficulty improving relations with Russia, which has just thrown U.S.A. election to him,” she wrote.

Either because Trump’s incoming Homeland Security advisor was, like Bannon, also conducting this discussion on his personal email (Kislyak would make a comment that may reflect knowledge of the email exchange in his next call with Flynn) or because he somehow had access to his Transition email later, Tom Bossert was able to share this very damning exchange with investigators before they obtained the counterparties to it using a warrant.

Between the time of the Kislyak call and the time when Bossert shared those emails with investigators, he would be involved in the alteration of the MemCon recording Trump’s first face-to-face meeting with Russia, in which Trump said he didn’t much care that Russia had interfered in the election.

Tom Bossert has seen firsthand, more than once, how Trump has refused to hold Russia accountable.

Which is very interesting background to this NYT op-ed Bossert wrote, trying to convince his former boss to put the national interest ahead of his own temper tantrum and respond with leadership and cooperation to the SolarWinds hack.

After describing what a dangerous time a Presidential transition is for such a compromise, Bossert lays out the significance of the SolarWinds hack, explaining that the US government has no idea which of its networks Russia has control over.

The magnitude of this ongoing attack is hard to overstate.

The Russians have had access to a considerable number of important and sensitive networks for six to nine months. The Russian S.V.R. will surely have used its access to further exploit and gain administrative control over the networks it considered priority targets. For those targets, the hackers will have long ago moved past their entry point, covered their tracks and gained what experts call “persistent access,” meaning the ability to infiltrate and control networks in a way that is hard to detect or remove.

While the Russians did not have the time to gain complete control over every network they hacked, they most certainly did gain it over hundreds of them. It will take years to know for certain which networks the Russians control and which ones they just occupy.

He then explains that with that access, the Russians could alter data (at Treasury, among other places) or impersonate people, potentially using official credentials to sow disinformation.

The actual and perceived control of so many important networks could easily be used to undermine public and consumer trust in data, written communications and services. In the networks that the Russians control, they have the power to destroy or alter data, and impersonate legitimate people. Domestic and geopolitical tensions could escalate quite easily if they use their access for malign influence and misinformation — both hallmarks of Russian behavior.

Bossert provides some steps the government must take to respond — including replacing entire networks — and then turns to advising his old boss. He starts with soft-pedaling, the way one has to when advising a President who is a narcissist, suggesting that Trump’s threats to veto an NDAA that broad majorities of both parties support because he’s mad at Twitter are instead a partisan dispute.

The National Defense Authorization Act, which each year provides the Defense Department and other agencies the authority to perform its work, is caught up in partisan wrangling. Among other important provisions, the act would authorize the Department of Homeland Security to perform network hunting in federal networks. If it wasn’t already, it is now a must-sign piece of legislation, and it will not be the last congressional action needed before this is resolved.

Then Bossert gets more direct: Trump has to rebuke the Russians in a way he refused to in December 2016 and refused to do again in May 2017 and refused again in July 2018 in Helsinki (though Bossert had been fired before Helsinki).

While all indicators point to the Russian government, the United States, and ideally its allies, must publicly and formally attribute responsibility for these hacks. If it is Russia, President Trump must make it clear to Vladimir Putin that these actions are unacceptable. The U.S. military and intelligence community must be placed on increased alert; all elements of national power must be placed on the table. [my emphasis]

Bossert then gets close to, without actually, describing how Trump could be blamed for this if he doesn’t punish Russia.

President Trump is on the verge of leaving behind a federal government, and perhaps a large number of major industries, compromised by the Russian government. He must use whatever leverage he can muster to protect the United States and severely punish the Russians.

And, finally, the guy who got sent out to report back on President Obama four years ago to prepare Flynn for a call that Bossert probably had no way of knowing would undermine sanctions designed to punish Russia for the last attack, tells his former boss, who from start to finish has refused to cooperate with Democrats, that he has to cooperate now.

At this moment, the two teams must find a way to cooperate.

President Trump must get past his grievances about the election and govern for the remainder of his term. This moment requires unity, purpose and discipline. An intrusion so brazen and of this size and scope cannot be tolerated by any sovereign nation.

We are sick, distracted, and now under cyberattack. Leadership is essential.

Tom Bossert is trying to convince his former boss to serve the good of the country when Bossert never managed to do that when he actually was Trump’s direct advisor.

He would do better to threaten to make it clear the degree to which Trump has been “colluding” with Russia all along.

Update: Relatedly, Trump’s White House tried to gag IC leaders from reporting on how bad this is to Congress.

Rubio’s counterpart on the committee, Vice Chair Mark Warner (D-Va.), said the government is “still assessing the extent of the penetration,” but lamented that “the current president of the United States has not said a word about this.”

Despite the series of briefings, there are signs that the White House was trying to muzzle top officials seeking to fill in lawmakers on what they know.

During a National Security Council meeting on Tuesday night, national security leaders were instructed not to reach out to Capitol Hill for briefings on the massive hack without explicit approval from the White House or ODNI, according to people familiar with the episode.

The Trump Team Covered Up Flynn’s Calls in Real Time

I’ve been asked to write a summary of the Mike Flynn case. This will be a series covering the following topics:

  • Proof that Flynn and others were trying to hide his calls in real time
  • The basis for the investigation into Flynn
  • Known details of the investigation
  • Bill Barr’s efforts to dismantle the Flynn prosecution

Jared Kushner and KT McFarland lie in real time about Flynn’s calls

To understand the circumstances behind the Mike Flynn investigation, prosecution, Barr interference, then pardon, it helps to understand that Flynn and others built cover stories, in real time, both of the times that their efforts to get Russia to help them undermine President Obama’s policies succeeded.

For example, on December 22, after receiving a tip from a Senate staffer, Jared Kushner called Flynn and “directed [him] to contact officials from foreign governments, including Russia, to learn where each government stood” on an Egyptian resolution condemning illegal Israeli settlements, asking that they delay the vote or condemn the resolution. At about the same time, Trump tweeted a statement calling for a veto of the measure. Shortly after Jared’s call and Trump’s tweet, Flynn called Sergey Kislyak, then called an Egyptian contact, then spoke to Kislyak, then called the Egyptian contact several more times. After those calls, Trump and Abdel Fattah el-Sisi spoke, after which el-Sisi released a statement withdrawing the UN motion, describing a call with Trump in which, “They have agreed to lay the groundwork for the new administration to drive the establishment of a true peace between the Arabs and the Israelis.” After that statement, Jared pushed to release a statement falsely claiming the Egyptians initiated the calls.

Can we make it clear that Al Sisi reached out to DJT so it doesn’t look like we reached out to intercede? This happens to be the true fact patter and better for this to be out there.

The Transition spokesperson ultimately did release a statement falsely claiming that, “Mr. Sisi initiated the call.”

Jared hid the real sequence of their intercession in real time.

The Trump Administration continues to hide the substance of Flynn’s call with Russia that day. Although Ric Grenell had most of the transcripts of Flynn’s calls with Sergey Kislyak released, he had his December 22 call transcript withheld. The transcript from a call that Kislyak initiated the following day, however, shows that after consulting with “the highest level in Russia,” Kislyak conveyed to Flynn that Russia would push for more consultations that would delay the vote.

Kislyak: Uh, I just wanted as a follow up to share with you several points. One, that, uh, your previous, uh, uh, telephone call, I reported to Moscow and it was considered at the highest level in Russia. Secondly, uh, uh, here were are pointing, uh, taking into account, uh, entirely your, uh arguments.

Flynn: Yes.

Kislyak: To raise a proposal or an idea of continued consultations in New York. We will do it.

Notably, at the end of December 22, KT McFarland was happy to claim credit privately for Flynn’s success at delaying a vote, noting that he, “worked it all day with trump from Mara lago,” suggesting that Trump was closely coordinating with Flynn — and possibly even listened in on — his call with the Russian Ambassador. That’s one of the calls that Flynn would lie about months later when questioned by the FBI. McFarland would even go on to liken this effort to Richard Nixon’s effort to undermine Vietnamese peace talks and Ronald Reagan’s efforts to delay the release of Iranian hostages.

The other call Flynn lied about months later served to hide coordination at Mar-a-Lago, too. On that call, Sergey Kislyak reached out to Flynn after President Obama announced sanctions; he had a list of three non-sanctions issues he used to explain his call, issues that would have all been appropriate to discuss as part of Transition. After the third, Flynn broke in and asked Kislyak to convey a request that Russia not box “us” in, a request that, given Kislyak’s response, Flynn must have already made once.

Flynn: Yeah. Yeah, yeah. I understand. Okay, um, okay. Listen, uh, a couple of things. Number one, what I would ask you guys to do — and make sure you, make sure that you convey this, okay? — do not, do not uh, allow this administration to box us in, right now, okay? Um —

Kislyak: We have conveyed it. And–

Then Flynn — not Kislyak — raised Obama’s sanctions, reflecting knowledge that they included expulsions.

Flynn: Yeah.

Kislyak: It’s, uh, it’s uh, very very specifically and transparently, openly.

Flynn: So, you know, depending on, depending on what uh, actions they take over this current issue of the cyber stuff, you know, where they’re looking like they’re gonna, they’re gonna dismiss some number of Russians out of the country, I understand all that and I understand that, that, you know, the information. that they have and all that, but what I would ask Russia to do is to not — is — is — if anything — because I know you have to have some sort of action — to, to only make it reciprocal. Make it reciprocal. Don’t — don’t make it — don’t go any further than you have to. Because I don’t want us to get into something that has to escalate, on a, you know, on a tit for tat. You follow me, Ambassador?

Flynn was on vacation in Dominican Republic when he made this call. He would later claim — an uncharged lie — that he “was not aware of the then-upcoming actions [against Russia] as he did not have access to television news in the Dominican Republic and his government BlackBerry was not working … he did not know the expulsions were coming.” As noted, that was a lie. He did know. We know several of the ways he learned about the sanctions. McFarland’s assistant, Sarah Flaherty, sent Flynn a NYT article on the sanctions. Flynn and McFarland spoke about how to respond to sanctions at least once before Flynn’s call. Most remarkably, after McFarland learned that Flynn would be speaking with the Russian Ambassador, McFarland spoke to Trump’s soon-to-be Homeland Security Czar Tom Bossert, he went to speak with his counterpart Lisa Monaco, and then Bossert emailed out some feedback he had learned from Monaco, including that the Russians were threatening to retaliate for the expulsions. So Flynn not only knew of Obama’s planned sanctions, he even knew part of what the Obama Administration knew about the Russian response to sanctions when be broached the subject with Russia.

Flynn’s lying about his foreknowledge of the sanctions (and therefore his coordination with Mar-a-Lago) would come later. But establishing a cover story came the next day, after Russia announced it would take no retaliatory action. Flynn had told McFarland the previous evening about his call with Kislyak, including that he had raised sanctions. But after Putin announced he would not retaliate (and Trump tweeted out his approval), McFarland forwarded a Flynn text to key transition staffers with a summary of Flynn’s call that made no mention of sanctions. Significantly, she sent it exclusively to official Transition email accounts, including those of Steve Bannon and Jared Kushner, even though a key warrant application shows that Bannon and Kushner generally appear not to have used their Transition email accounts for foreign policy discussions. Flynn would eventually tell Mueller’s team that he purposely did not include sanctions in the text McFarland forwarded to others because, “it would be perceived as getting in the way of the Obama Administration’s foreign policy.” Given the way McFarland selectively chose to include all foreign policy advisors on some emails and just Kushner and Bannon on others, and given an earlier disagreement between Transition team members about whether it was even proper to conduct such outreach with Russia, such selective reporting on Flynn’s calls may have had an additional goal, beyond just creating an affirmatively false record in case Obama’s team ever saw the emails. The email may have served to keep some Transition team members in the dark — as even Vice President Mike Pence remained in the dark weeks later.

However broad the intent, there is documentary evidence that for both calls about which Flynn would later lie to the FBI, Transition team members who also knew of the calls helped to cover them up in real time. Weeks before the FBI ever came calling, then, Flynn and others were already lying about these calls.

“Normal Transitions:” KT McFarland Sent Tom Bossert to “Spy” on Lisa Monaco

Trump is excusing his refusal to transition power by claiming he never got a real transition.

The President’s refusal to concede, as CNN has previously reported, stems in part from his perceived grievance that Hillary Clinton and former President Barack Obama undermined his own presidency by saying Russia interfered in the 2016 election and could have impacted the outcome, people around him have said.

Trump continues to hold a grudge against those who he claims undercut his election by pointing to Russian interference efforts, and he has suggested it is fair game to not recognize Joe Biden as the President-elect, even though Clinton conceded on election night in 2016 and the Trump transition was able to begin immediately.

That’s not true, but it’s also not new that he’s blaming others for his own mistakes and obstinance.

Because he’s ignoring the many efforts the Obama Administration made to ease the transition (many of which were rebuffed), it bears making something implicit in this post more explicit.

KT McFarland sent someone — almost certainly Tom Bossert — to learn what Obama’s Homeland Security Czar, Lisa Monaco, knew of Russias’ response to Obama’s sanctions. Only after Flynn got Bossert’s response did he call Sergey Kislyak.

And Kislyak exploited Trump’s insecurities as a result.

It’s not public precisely when Flynn (or his assistant) told McFarland that Ambassador Kislyak had reached out to the incoming National Security Advisor. It seems likely that Flynn forwarded the text he received from Kislyak on December 28 to McFarland and her assistant, however, because Kislyak’s text to Flynn is sourced to the subpoena production of that assistant, Sarah Flaherty, in the Mueller Report.

According to KT McFarland’s own testimony, however, she believes she told Steve Bannon about the upcoming call before it happened. The Mueller Report places this conversation shortly after McFarland called Flynn on his personal cell phone at 2:29PM on December 29 but did not reach him. That would confirm McFarland knew Flynn was going to speak to the Russian Ambassador before Flynn texted Flaherty to see if McFarland was available for a call at 3:14PM. Flaherty told Flynn that McFarland was unavailable because she was speaking with Homeland Security Czar designee Tom Bossert.

So at 3:14PM, McFarland already knew Flynn was preparing to talk to Kislyak and she was talking with Bossert.

Sometime in between 3:14PM and 3:50PM, based on Flynn’s representation that this call happened before he spoke with McFarland, Flynn called the spouse of the SJC staffer currently leading the pushback on this investigation, Michael Ledeen. Flynn and Ledeen spoke for 20 minutes.

At 3:50PM, McFarland called Flynn on his personal cell phone. They spoke for 6:39 minutes.

At 4:01PM, Bossert emailed a group including Flynn, McFarland, Bannon (at a private email), Keith Kellogg, and Reince Priebus, relaying what he had learned speaking with Lisa Monaco.

[Monaco] confirms the Russiand [sic] have already responded with strong threats, promising to retaliate. [She] characterized the Russian response as bellicose. My thoughts, sans the Russia angle, on which I defer to Mike and KT: [redacted] : Cyber attacks by forcing governments or anyone else are unacceptable and must be taken seriously. The alleged Russian hack of US entities involved in the US political process is a problem. Of course we must separate their attempts to influence our election from the rash conclusion that they succeeded in altering the views of any American voter. We must be wary of escalatory retaliation to follow.

At 4:01PM, just as he would have received that email, Flynn called McFarland using his hotel phone. They discussed highly sensitive foreign policy issues on that unsecure phone for 11 minutes.

At 4:20PM, shortly but not immediately after speaking to McFarland about what surely included what Bossert had learned from Monaco’s representation of real time intelligence collection on and conversations with Russia, Flynn called the Ambassador to Russia, again from his hotel phone.

Even though Kislyak initiated the outreach after Obama had announced sanctions, Russia’s Ambassador feigned having called for other reasons, reasons that pre-dated the imposition of the sanctions. He went through them one-by-one:

  • He reassures Flynn that Russia won’t take any actions on the Middle East (notably Israel), particularly because it might change under the Trump Administration. He tells Flynn he has told Obama that.
  • He invites Flynn to send representatives to a Russian-Turkish conference on Syrian peace in Astana that will take place after Trump is inaugurated.
  • He proposes that Trump and Putin speak by secure videoconference on January 21, they day after the inauguration.

Flynn all but interrupted Kislyak and asked him to make sure that Obama not box Trump in (the fact that Flynn raised sanctions himself is one reason DOJ and FBI were so certain Flynn was lying when he claimed to the FBI that he never spoke about sanctions with Kislyak).

Flynn: Yeah. Yeah, yeah. I understand. Okay, um, okay. Listen, uh, a couple of things. Number one, what I would ask you guys to do — and make sure you, make sure that you convey this, okay? — do not, do not uh, allow this administration to box us in, right now, okay? Um —

Kislyak: We have conveyed it. And–

Note: By saying “we have conveyed it,” Kislyak seems to suggest he has already gotten and fielded this request. That suggests that may be something that Flynn raised during their December 22 conversation, the transcript of which Ric Grenell has kept hidden.

Flynn continued, barreling through his request on sanctions.

Flynn: Yeah.

Kislyak: It’s, uh, it’s uh, very very specifically and transparently, openly.

Flynn: So, you know, depending on, depending on what uh, actions they take over this current issue of the cyber stuff, you know, where they’re looking like they’re gonna, they’re gonna dismiss some number of Russians out of the country, I understand all that and I understand that, that, you know, the information. that they have and all that, but what I would ask Russia to do is to not — is — is — if anything — because I know you have to have some sort of action — to, to only make it reciprocal. Make it reciprocal. Don’t — don’t make it — don’t go any further than you have to. Because I don’t want us to get into something that has to escalate, on a, you know, on a tit for tat. You follow me, Ambassador?

Kislyak sounded hesitant, noting that FSB and GRU couldn’t very well partner with the US on terrorism if they were under sanctions and Flynn agrees. Kislyak then agreed that he will try to “get the people in Moscow to understand it,” obviously a reference to Putin.

Then Flynn specifically framed Russia’s response as a kind of message to Trump.

Flynn: And please make sure that its uh — the idea is, be — if you, if you have to do something, do something on a reciprocal basis, meaning you know, on a sort of even basis. Then that, then that is a good message and we’ll understand that message. And, and then, we know that we’re not going to escalate this thing, where we, where because if we put out — if we send out 30 guys and you send out 60, you know, or you shut down every Embassy, I mean we have to get this to a — let’s, let’s keep this at a level that us is, even-keeled, okay? Is even-keeled. And then what we can do is, when we come in, we can then have a better conversation about where, where we’re gonna go, uh, regarding uh, regarding our relationship. [my emphasis]

And Russia’s response was viewed as a signal. KT McFarland said as much in two sets of emails, the first to Flynn, Kellogg, Spicer, Priebus, Bannon, and others (all at their official accounts):

My take is Russians are taking the most restrained retaliation possible — it’s his Signal to trump that he wants to improve relations once obama leaves. Although [Obama] didn’t mean to he has given [Trump] new leverage over Putin.

Then, hours later, she sent an email to Flynn, Kellogg (on his official account), Kushner, Priebus, and Spicer (at least some of whom were on on personal accounts), adding:

Putin response to NOT match obama tit for tat are signals they want a new relationship starting jan 20. They are sending us a signal.

Shortly thereafter, Trump thanked Putin for his restraint — the action that Flynn said would be interpreted by Trump as a message — publicly on Twitter, shortly after which McFarland wrote a cover email to hide that Flynn had discussed sanctions with Kislyak.

But Russia, knowing well that Kislyak was tapped, didn’t leave this implicit signaling to chance.

On December 31, Kislyak reached out to Flynn again, emphasizing that he had a message on top of what Putin’s decision said publicly. A key part of that message was that Trump and Russia were on the same side, pitted against the US government.

Kislyak: Uh, you know I have a small message to pass to you from Moscow and uh, probably you have heard about the decision taken by Moscow about action and counter-action.

Flynn: yeah, yeah well I appreciate it, you know, on our phone call the other day, you know, I, I, appreciate the steps that uh your president has taken. I think that it was wise.

Kislyak: I, I just wanted to tell you that our conversation was also taken into account in Moscow and…

Flynn: Good

Kislyak: Your proposal that we need to act with cold heads, uh, is exactly what is uh, invested in the decision.

Flynn: Good

Kislyak: And I just wanted to tell you that we found that these actions have targeted not only against Russia, but also against the president elect.

Flynn: yeah, yeah

Kislyak: and and with all our rights to responds we have decided not to act now because, its because people are dissatisfied with the lost of elections and, and its very deplorable. So, so I just wanted to let you know that our conversation was taken with weight.

This exchange was, transparently and successfully, an attempt to convince the paranoid Flynn and his insecure boss that Russia was on the same side as them, against all their detractors. Even when this transcript was released, it was clearly an attempt to play on the resentments of Flynn and his boss. Every single thing that has happened since suggests it worked, presumably with similar massaging along the way to reinforce that sentiment.

But with the release of the warrant applications targeting Flynn, we now know that these exchanges, with McFarland and Flynn holding off on a response until they learned what the Obama Administration knew about the Russian response, were conducted in significant part on totally unsecure devices — Flynn’s cell phone, his hotel phone, and at least Bannon and apparently several others using their private email to discuss how to respond to sanctions.

Thus, it’s likely that by the time Kislyak called Flynn back, Russian intelligence had picked up at least some of this back and forth. It’s likely he knew that Trump’s closest advisors were effectively treating Russia as a more trusted partner than the Obama Administration, and even using one of their only civil relationships with the Obama Administration, Bossert, to better counteract Obama’s actions in order to establish closer ties with Russia.

For years, Trump has falsely claimed that the Obama Administration spied on the Trump campaign. This exchange suggests the opposite happened: Trump used one of the only civil relationships his Transition team had with Obama not to ensure a smooth transition, but instead to use Obama’s information to more closely align with Russia.

Donald Trump Was Personally Involved in Flynn’s “Collusion” with Russia to Protect Israel

As noted earlier, Judge Emmet Sullivan has released the Mueller warrants targeting Mike Flynn. The two pertaining to his lies about the calls with Russia’s Ambassador — an August 2017 one targeting Flynn, KT McFarland, and his scheduler, and a September 2017 one targeting top Trump officials — make it crystal clear that Flynn knew he was lying when he covered up the calls, because he and McFarland were also lying to other Transition officials in real time. The affidavits also explain why Flynn lied: Trump was personally involved in (at least) the effort to undermine a UN effort targeting Israel.

Flynn’s conversations with Kislyak arose directly out of the “back channel” meeting with Jared Kushner

It has long been public that on November 30, 2016, Jared Kushner took a meeting with Sergey Kislyak at which he asked the Russian Ambassador if Russia could set up a back channel for communication with the Transition. Here’s the description from the Mueller Report:

It took place at Trump Tower on November 30, 2016.1139 At Kushner’s invitation, Flynn also attended; Bannon was invited but did not attend.1140 During the meeting, which lasted approximately 30 minutes, Kushner expressed a desire on the part of the incoming Administration to start afresh with U.S.-Russian relations.1141 Kushner also asked Kislyak to identify the best person (whether Kislyak or someone else) with whom to direct future discussions—someone who had contact with Putin and the ability to speak for him.1142

The three men also discussed U.S. policy toward Syria, and Kislyak floated the idea of having Russian generals brief the Transition Team on the topic using a secure communications line.1143 After Flynn explained that there was no secure line in the Transition Team offices, Kushner asked Kislyak if they could communicate using secure facilities at the Russian Embassy. 1144 Kislyak quickly rejected that idea. 1145 4.

It was also public that, following that meeting, Kislyak started working on setting up a meeting between sanctioned banker Sergey Gorkov and the President’s son-in-law.

On December 6, 2016, the Russian Embassy reached out to Kushner’s assistant to set up a second meeting between Kislyak and Kushner. 1146 Kushner declined several proposed meeting dates, but Kushner’s assistant indicated that Kislyak was very insistent about securing a second meeting. 1147

What wasn’t public is that, in response to these same requests for a meeting that (Kushner claimed in his testimony) Kushner rebuffed, he also ordered Flynn to respond.

[On December 6, 2017] The Embassy official also asked Kushner’s assistant to provide him with the contact information for FLYNN and to ask FLYNN to call the Russian Ambassador at either his home number or his cell phone number. Kushner’s assistant forwarded the email chain to FLYNN’s Chief of Staff, cc’ing FLYNN himself, and wrote “Please see the correspondence below and ensure Lt. General Flynn gets in contact with Russian Ambassador Sergey via phone.

That set off a debate. Marshall Billingslea, who had experience in government, recommended they postpone any response until after inauguration. But KT McFarland objected.

Let Flynn make this decision. Russian amb historically does meet with nsc head. Their amb to USA and to UN is of a very high rank with close relations to Putin. Plus Flynn has met with him in past.

McFarland’s stance is completely at odds with the claimed view of both Flynn and especially Kushner that Kislyak wasn’t the right person to liaise with. And it also may explain why she and Flynn hid some of his contacts with Kislyak even from other Transition staffers: because they knew this was wrong.

Trump was probably directly involved in the effort to delay a UN veto condemning Israel

The language from the affidavits on the Kushner-driven effort to undermine Obama’s position on an Egyptian condemnation of illegal Israeli settlements includes several important details.

First, it all started when a “senior advisor to a Republican Senator” reached out to McFarland and others (several at their personal accounts) alerting them that the Obama Administration was not responding to the effort. Jared was very centrally involved in the response.

According to records obtained during the course of the investigation, at approximately 8:46 a.m. on December 22, 2016, FLYNN had a four-minute conversation with Jared Kushner. After that conversation concluded, at approximately 8:53 a.m., FLYNN called the Russian Ambassador to the U.S. FLYNN then called a representative of the Egyptian government and had a four-minute conversation with him. At approximately 8:59 a.m., FLYNN had a three-minute conversation with the Russian Ambassador. Over the next few hours, FLYNN had several additional phone calls with the representative of the Egyptian government.

Remember: The DC Attorney’s Office was investigating a bribe from Egypt that allowed the Trump campaign to stay afloat after they had gone broke in August 2016; Barr shut that investigation down.

The entire UN intervention is way more damning that previously reported. First, it’s quite clear that Flynn reached out to both Russia and Egypt, and because McFarland bragged about his success with others, everyone knew that to be true. That didn’t prevent Kushner from lying to the larger group email about the fact after Egypt announced that they would stand down.

Kushner replied all to that email [including Spicer, Bannon, Priebus, Kellogg, McFarland, Kushner, and one other person whose name is redacted] and wrote: “Can we make it clear that Al Sisi reached out to DJT so it doesn’t look like we reached out to intercede? This happens to be the true fact pattern and better for this to be out there.”

This was a lie. Flynn had reached out, on Kushner’s orders.

Or maybe not just Kushner’s. The affidavit reveals that Trump was involved with this.

At approximately 8:26 p.m. on December 22, 2016, K.T. McFarland emailed FLYNN and Sarah Flaherty and stated that FLYNN had “worked it all day with trump from mara lago.”

Remember, Ric Grenell withheld the transcript from the call Flynn placed to Kislyak on December 22 and in fact the affidavits show Flynn and. Kislyak had two conversations that day (Mueller significantly downplayed Russia’s concessions on the December 23 one). There’s a latter call (the December 29 one) where the analysts suggest that Flynn might be on a speaker phone.

That suggests it’s possible that Trump was on the call with Kislyak, or at least in the room. That might explain why Kushner immediately tried to establish a false record that Egypt had contacted the Trump Transition, not vice versa.

One more thing makes this exchange especially damning. Flynn wrote to the larger group on December 23 and revealed he had called the Ambassador. Then, later that day, McFarland said that Flynn should leak to the press about,

the crucial role [he] played in working your contacts built up over the decades to get administration ambush Israel headed off. You worked the phones with Japanese Russians Egyptians Spanish etc and reversed a sure defeat for Israel by kerry/Obama/susan rice/samantha power cabal.

Those communications make it far less credible that he forgot this effort, which makes the personal involvement of Donald Trump far more interesting.

Note, there appears to be another contact involving Russia (possibly not with Kislyak directly) on December 23 and the affidavits also confirm that Flynn did make a condolence call on December 20 to Russia about the assassination of the Russian Ambassador to Turkey. Grenell did not release these transcripts either.

Flynn lied about his sanctions discussion to hide that Mar-a-Lago was involved

As I have explained, the reason Flynn’s lies to the FBI were material is because he was hiding that he coordinated his calls with Mar-a-Lago. Even Sidney Powell has submitted clear evidence that investigators considered that a key question. Flynn lied to the FBI by saying that he didn’t know about Obama’s sanctions announcement when he contacted Kislyak because he was out of the loop in Dominican Republic. But the timeline laid out the in affidavit makes clear how blatant a lie that was. Here’s what it looks like (I’ve bolded details in this timeline that Mueller hid in the report, as noted in this post):

December 28

11:24AM: Obama Twitter account announces sanctions against Russia, with link to description

December 29

11:49AM: McFarland emails Flynn and three others.

1:53PM: McFarland and other Transition Team members and advisors (including Flynn, via email) discuss sanctions.

2:07PM: Sarah Flaherty, an aide to McFarland, texts Flynn a link to a NYT article about the sanctions.

2:29PM: McFarland, using her GSA phone, calls Flynn (on his personal phone), but they don’t talk.

Shortly after 2:29PM: McFarland and Bannon discuss sanctions; according to McFarland’s clean-up interview, she may have told Bannon that Flynn would speak to Kislyak that night.

3:14PM: Flynn texts Flaherty and asks “time for a call??,” meaning McFarland. Flaherty responds that McFarland was on the phone with Tom Bossert. Flynn informs Flaherty in writing that he had a call with Kislyak coming up, using the language, “tit for tat,” that McFarland used on emails with others and that Flynn himself would use with Kislyak later that day.

Tit for tat w Russia not good. Russian AMBO reaching out to me today.

3:50PM: McFarland (apparently using her GSA phone) calls Flynn, they speak for 6:39 minutes

[Note: Somewhere in here, Flynn called SJC Staffer Barbara Ledeen’s spouse, Michael, which makes her involvement in undermining the investigation all the more corrupt]

4:01PM: Someone (likely Tom Bossert) relays what Lisa Monaco passed on to him to Flynn, McFarland, Bannon, Kellogg, and Priebus  explaining that “Russiand [sic] have already responded with strong threats, promising to retaliate. [She] characterized the Russian response as bellicose.

4:20PM: Using his hotel phone in the Dominican Republic (!!!!), Flynn calls the Russian Embassy

4:43PM: McFarland emails Flynn, Kellogg, Flaherty, Spicer, Priebus, Bannon and one other (likely Bossert), saying that,  “Gen [F]lynn is talking to russian ambassador this evening.”

4:44PM: Flynn emails McFarland and two others.

Before 5:45PM: McFarland briefed President-Elect Trump, Steve Bannon, Reince Priebus, Sean Spicer, and others on the sanctions. McFarland remembers that someone at the briefing may have mentioned the upcoming Kislyak call.

6:05PM: McFarland emails Gelbinovich and one other person.

After the briefing: McFarland and Flynn speak by phone (they spoke from 6:08 to 6:35PM). Flynn tells McFarland, “that the Russian response to the sanctions was not going to be escalatory because they wanted a good relationship with the incoming Administration,” and McFarland tells Flynn about the briefing with Trump.

10:06PM: Gelbinovich emails Flynn.

This timeline makes clear that Flynn and McFarland spoke about sanctions before Bossert relayed what Monaco had passed on tho him, and Flynn may have reviewed Bossert’s email, reflecting his inquiry to Monaco, before he called Kislyak. Importantly, by the time of the security briefing that day, Flynn had already spoken to Kislyak.

The affidavit then makes it clear how damning it is that McFarland wrote an email deliberately hiding that (she knew) Flynn had raised sanctions with Kislyak:

December 30

5:32AM: Sergey Lavrov says Russia will respond

7:15AM: Putin says they won’t respond

7:29AM: McFarland emails Flynn and two others

8AM: McFarland emails a group (again, Flynn appears to have been on his personal email) stating that Putin was sending a signal to Trump he wants to improve relations

10:50AM: McFarland emails the group again saying that “Putin response to NOT match obama tit for tat are signals they want a new relationship starting jan 20. They are sending us a signal.”

11:41AM: Trump tweets “Great move on delay (by V. Putin) – I always knew he was very smart!”

12:02PM: McFarland sends email to group with summary of Flynn’s call with Kislyak that “does not indicate that they discussed the sanctions”

Flynn would ultimately admit that the text he sent to McFarland that she used to inform the others deliberately left off his mention of sanctions.

Shortly thereafter, Flynn sent a text message to McFarland summarizing his call with Kislyak from the day before, which she emailed to Kushner, Bannon, Priebus, and other Transition Team members. 1265 The text message and email did not include sanctions as one of the topics discussed with Kislyak. 1266 Flynn told the Office that he did not document his discussion of sanctions because it could be perceived as getting in the way of the Obama Administration’s foreign policy.126

The timing, of course, is key: Once Trump weighed in, Flynn built plausible deniability that Trump had initiated outreach to Kislyak. Remember: The transcript shows that Flynn, not Kislyak, raised sanctions.

The affidavits have more on both Flynn and McFarland’s exchanges on December 31, when Flynn told Kislyak that Trump was aware of their calls, as well as details about how Flynn crafted a knowingly false cover story for the press. They also reveal another follow-up call from Russia on January 6.

Together, however, these affidavits make any claim from Mike Flynn that he didn’t deliberately lie to the FBI to be an utter fabrication. He and McFarland were lying to top Trump officials in real time. They were doing so to hide Trump’s personal involvement in all this from their own colleagues.

The affidavits also make it clear that the US government has abundant evidence to prove that Mike Flynn lied, just with the paper trail and the testimony of Trump officials as well as abundant DOJ documents helpfully released by Sidney Powell showing that every single account of Flynn’s interview DOJ has tracks with the 302 on which he was charged. They don’t need Peter Strzok or Joe Pientka’s testimony to prove Mike Flynn lied. Flynn and McFarland already made that case.

And we know why Flynn lied: Trump not only knew of Flynn’s calls to Kislyak. He may have been on the line for the Israeli-related ones.

Tit-for-Tat: What Mike Flynn’s 302 Reveals about the Lies He Told

Last week, I wrote this post arguing that Mike Flynn’s 302 (FBI interview report) shows what Flynn was hiding when he lied to the FBI: In addition to his most fundamental lie — that he and Sergei Kislyak had talked about Russia moderating its response to new Obama sanctions, Flynn lied about his coordination with KT McFarland, who was with Trump at Mar-a-Lago.

Since people are still wondering why Flynn lied, I thought I’d write it up to make it even more plain. This post relies on these sources:

As Flynn’s Statement of the Offense lays out, Obama signed the Executive Order imposing new sanctions on December 28, 2016.

On or about December 28, 2016, then-President Barack Obama signed Executive Order 13757, which was to take effect the following day. The executive order announced sanctions against Russia in response to that government’s actions intended to interfere with the 2016 presidential election (“U.S. Sanctions”).

Flynn admitted that Kislyak contacted him the day Obama imposed the sanctions.

On or about December 28, 2016, the Russian Ambassador contacted FLYNN.

Flynn told the FBI that was a text that, because of poor connectivity in Dominican Republic, he didn’t see for a day. (I suspect this is also a lie, but it is possible.)

Shortly after Christmas, 2016, FLYNN took a vacation to the Dominican Republic with his wife. On December 28th, KISLYAK sent FLYNN a text stating, “Can you call me?”

Sometime in the day after Obama imposed the sanctions, Lisa Monaco gave her successor, Tom Bossert, a heads up about how angry the Russians were, making it clear the Obama Administration had formally contacted them.

Obama administration officials were expecting a “bellicose” response to the expulsions and sanctions, according to the email exchange between Ms. McFarland and Mr. Bossert. Lisa Monaco, Mr. Obama’s homeland security adviser, had told Mr. Bossert that “the Russians have already responded with strong threats, promising to retaliate,” according to the emails.

That suggests that the Obama Administration formally alerted the Russians before Kislyak’s text and alerted the Trump Transition not long after. That is, the Flynn-Kislyak contacts occurred after Obama had informed both sides, if not Flynn directly.

In spite of that formal notification, Flynn attributed any delay in responding to Kislyak to Dominican Republic’s poor cell phone reception. He claims (probably assuming the only communications the FBI would ever review would be Kislyak’s communications) that he saw the text on the 29th, took a bit of time, then called the Russian Ambassador.

FLYNN noted cellular reception was poor and he was not checking his phone regularly, and consequently did not see the text until approximately 24 hours later. Upon seeing the text, FLYNN responded that he would call in 15-20 minutes, and he and KISLYAK subsequently spoke.

What Flynn didn’t tell the FBI is that, per his allocution, he spoke with KT McFarland immediately before his call with Kislyak (importantly, this is true whether he really didn’t find out until the 29th or if there was a longer conversation with McFarland).

On or about December 29, 2016, FLYNN called a senior official of the Presidential Transition Team (“PTT official”), who was with other senior ·members of the Presidential Transition Team at the Mar-a-Lago resort in Palm Beach, Florida, to discuss what, if anything, to communicate to the Russian Ambassador about the U.S. Sanctions. On that call, FLYNN and the PTT official discussed the U.S. Sanctions, including the potential impact of those sanctions on the incoming administration’s foreign policy goals. The PTT official and FLYNN also discussed that the members of the Presidential Transition Team at Mar-a-Lago did not want Russia to escalate the situation.

Immediately after his phone call with the PTT official, FLYNN called the Russian Ambassador and requested that Russia not escalate the situation and only respond to the U.S. Sanctions in a reciprocal manner.

The account of the timing of discussions both at Mar-a-Lago and with advisors who were dispersed across the globe in the NYT story is vague. Though NYT makes it clear that one email, at least, described the Flynn call with Kislyak prospectively.

As part of the outreach, Ms. McFarland wrote, Mr. Flynn would be speaking with the Russian ambassador, Mr. Kislyak, hours after Mr. Obama’s sanctions were announced.

One of those emails, importantly, included the following talking points.

Obama is doing three things politically:

  • discrediting Trump’s victory by saying it was due to Russian interference
  • lure trump into trap of saying something today that casts doubt on report on Russia’s culpability and then next week release report that catches Russia red handed
  • box trump in diplomatically with Russia. If there is a tit-for-tat escalation trump will have difficulty improving relations with Russia which has just thrown USA election to him. [my emphasis]

Per the NYT, that email appears to have been forwarded to — among others — Flynn.

Mr. Bossert forwarded Ms. McFarland’s Dec. 29 email exchange about the sanctions to six other Trump advisers, including Mr. Flynn; Reince Priebus, who had been named as chief of staff; Stephen K. Bannon, the senior strategist; and Sean Spicer, who would become the press secretary.

One thing makes it more likely that Flynn received McFarland’s email (or at least equivalent talking points via phone), and received it before he returned the call to Kislyak. When the Agents moved to the stage of the interview where — per Peter Strzok’s later description — “if Flynn said he did not remember something they knew he said, they would use the exact words Flynn used,” they quoted that “tit-for-tat” language.

The interviewing agents asked FLYNN if he recalled any conversation with KISLYAK in which the expulsions were discussed, where FLYNN might have encouraged KISLYAK not to escalate the situation, to keep the Russian response reciprocal, or not to engage in a “tit-for-tat.” FLYNN responded, “Not really. I don’t remember. It wasn’t, “Don’t do anything.” [my emphasis]

So whether Flynn saw this language in an email first, it seems clear he spoke to McFarland — who was coordinating all this from Mar-a-Lago, where Trump was — before he spoke with Kislyak. And that’s important, because Flynn claimed he had no idea that the US had expelled a bunch of Russian diplomats “until it was in the media.”

The U.S. Government’s response was a total surprise to FLYNN. FLYNN did not know about the Persona-Non-Grata (PNG) action until it was in the media.  KISLYAK and FLYNN were starting off on a good footing and FLYNN was looking forward to the relationship. With regard to the scope of the Russians who were expelled, FLYNN said he did not understand it. FLYNN stated he could understand one PNG, but not thirty-five.

It’s possible that Flynn didn’t learn about the expulsions until Obama’s press releases on the 29th, if he didn’t check with McFarland before that. Except he also claimed the FBI that he didn’t have access to TV news in DR.

FLYNN noted he was not aware of the then-upcoming actions as he did not have access to television news in the Dominican Republic and his government BlackBerry was not working.

In context in his 302, though, that seems to be offered as a substantiating detail to support his claim that he didn’t know about the expulsions before he spoke with Kislyak — or, indeed, the even crazier claim that Kislyak didn’t raise it on that call, regardless of what Flynn knew going into the call.

The interviewing agents asked FLYNN is he recalled any conversation with KISLYAK surrounding the expulsion of Russian diplomats or closing of Russian properties in response to Russian hacking activities surrounding the election. FLYNN stated that he did not. FLYNN reiterated his conversation was about [Astana peace conference] described earlier.

Consider how ridiculous this lie is: Flynn wanted the FBI to believe that, having asked Flynn to contact him after Russia was informed of Obama’s sanctions, Kislyak didn’t even mention the sanctions to him.

That’s obvious nonsense. But it was a necessary to hide two things. First, that he had spoken with Kislyak about sanctions — which is what the focus has been on until now.

But claiming that he hadn’t heard about the expulsions before he called Kislyak also served to hide an equally critical detail: Flynn had not only heard of the sanctions (if he hadn’t already heard) from his deputy, KT McFarland, who was at Mar-a-Lago with Trump, but she and he and a number of other people had coordinated what he would say to Kislyak before the call. And they did do based off the belief that Obama’s actions against Russia were all a political set-up and not a sound response to Russia’s involvement in the election.

Flynn not only coordinated his messaging with McFarland, but he used language she offered, writing from Mar-a-Lago: “tit-for-tat.”

After Flynn pled guilty, McFarland spent some time cleaning up what she had told the FBI the previous summer (at a time when everyone seemed to believe their emails recording all this would never be reviewed by the FBI). According to WaPo’s coverage, McFarland,

walked back her previous denial that sanctions were discussed, saying a general statement Flynn had made to her that things were going to be okay could have been a reference to sanctions, these people said.

Flynn’s statement of the offense actually reflects two conversations that McFarland may have initially lied about — one on December 29, when Flynn reported back on his call with Kislyak, and another after his December 31 call with Kislyak, when Flynn reported back to “senior members of the Presidential Transition Team.”

Shortly after his phone call with the Russian Ambassador, FLYNN spoke with the PTT official to report on the substance of his call with the Russian Ambassador, including their discussion of the U.S. Sanctions.

On or about December 30, 2016, Russian President Vladimir Putin released a statement indicating that Russia would not take retaliatory measures in response to the U.S. Sanctions at that time.

On or about December 31, 2016, the Russian Ambassador called FLYNN and informed him that Russia had chosen not to retaliate in response to FL YNN’s request.

After his phone call with the Russian Ambassador, FLYNN spoke with senior members of the Presidential Transition Team about FL YNN’s conversations with the Russian Ambassador regarding the U.S. Sanctions and Russia’s decision not to escalate the situation.

It appears that Flynn tried to hide the entire existence of the call on December 31 (unless that’s why he claimed he had to keep calling back to Kislyak because of connectivity issues).

The interviewing agents asked FLYNN if he recalled any conversation with KISLYAK in which KISLYAK told him the Government of Russia had taken into account the incoming administration’s position about the expulsions, or where KISLYAK said the Government of Russia had responded, or chosen to modulate their response, in any way to the U.S.’s actions as a result of a request by the incoming administration. FLYNN stated it was possible that he talked to KISLYAK on the issue, but if he did, he did not remember doing so. FLYNN stated he was attempting to start a good relationship with KISLYAK and move forward. FLYNN remembered making four to five calls that day about this issue, but that the Dominican Republic was a difficult place to make a call as he kept having connectivity issues. FLYNN reflected and stated that he did not think he would have had a conversation with KISLYAK about the matter.

The point, however, is multiple people in the Transition lied about this back-and-forth involving people at Mar-a-Lago with Trump.

Their correction of those stories is probably one thing described in this redaction in Flynn’s sentencing addendum.

The fact that Flynn’s lies attempted to hide coordination with Mar-a-Lago and the Transition team generally is significant for several reasons.

First, it appears that at least KT McFarland and probably Sean Spicer were in on at least part of Flynn’s cover story. If that’s right, it would require more coordination than we’ve seen reported based on emails. It’s still unclear how much those who lied about Flynn’s conversations early in January 2017 — including Spicer but especially Mike Pence, who has not been named as receiving the emails among the Transition team — knew about Flynn’s conversations.

A perhaps more important detail, legally, is one that Ty Cobb — at the time, still working for Trump — tried to deny: at least one person in the Trump camp had assured the Obama Administration that they would not undercut Obama’s efforts to retaliate against Russia.

The Trump transition team ignored a pointed request from the Obama administration to avoid sending conflicting signals to foreign officials before the inauguration and to include State Department personnel when contacting them. Besides the Russian ambassador, Mr. Flynn, at the request of the president’s son-in-law, Jared Kushner, contacted several other foreign officials to urge them to delay or block a United Nations resolution condemning Israel over its building of settlements.

Mr. Cobb said the Trump team had never agreed to avoid such interactions. But one former White House official has disputed that, telling Mr. Mueller’s investigators that Trump transition officials had agreed to honor the Obama administration’s request.

This puts a totally different spin on Susan Rice’s role in unmasking intercepts involving Trump transition officials exhorting the Russian Ambassador to blow off Obama’s sanctions and working with Mohammed bin Zayed al-Nahyan to keep a face-to-face meeting in NY secret (and probably also other intercepts assuring Bibi Netanyahu the Trump Transition would do all they could to undercut an Obama effort to punish Israeli settlements).

Rice would have unmasked those conversations having some reason to believe that the people involved in those discussions (Flynn and Kushner) were blowing off a Trump Transition commitment not to undercut Obama policy.

Such actions, then, would appear to go beyond a mere Logan Act violation. That is, Flynn and Kushner would have appeared to be pursuing their own foreign policy agenda, not just undercutting Obama’s policy, but also undercutting Trump’s (contested) agreement not to undercut Obama’s policies at least through the transition. And they would be doing so, by appearances, in pursuit of their own personal profit.

And those seeming instances of free-lancing would have accompanied Flynn’s request (in the days before it would be exposed that his Transition calls had been intercepted) to Rice to delay arming the Kurds, at a time when he was still legally hiding this relationship with Turkey.

Ultimately, we’re almost certainly going to learn all this was done with Trump’s explicit approval.

But because Flynn made such an effort to hide that his efforts to placate the Russians (and help the Turks and carry out undisclosed conversations with the Emirates and Israel) were done on the specific direction of Trump and Kushner, it would have looked like he was undermining both the Trump Administration and the interests of the United States.

It turns out he was only doing the latter.

As I disclosed in 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.