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Timeline: How Rudy Made It Hard for Mike Pompeo to Show Any Leadership

American Oversight FOIAed the documents showing Rudy Giuliani’s campaign to smear Marie Yovanovitch and the Bidens at State. For some of these, this represents another instance where NGOs have successfully obtained documents refused to Congress, but many of these were turned over to Congress by State’s Inspector General Steve Linnick in early October.

I did a thread on the documents here, but wanted to lay out the timeline of what the documents include. What it shows is that Rudy Giuliani and Mike Pompeo spoke twice around the time Rudy delivered a packet of disinformation to the Secretary of State. When Rudy’s campaign started showing publicly, with response from other Ambassadors and Congress, Department of State blew off their concerns.

March 26-29: Rudy shares a packet of information with Mike Pompeo wrapped up with Trump and White House labels

The bulk of these records document Mike Pompeo talking with Rudy Giuliani twice — on March 26 and 29 — and appear to include the materials they talked about, the packet of disinformation Rudy sent to State. The March 26 call does not appear in some of the month-long metrics sheets (see PDF 43), which makes me wonder whether Rudy called out of the blue.

March 26, 9:49AM: S (Pompeo) speaking with Rudy

March 26, 9:53AM: S finished speaking with Rudy

Pages 59-100 appears to be the disinformation packet Rudy sent, as follows:

  • Cover sheet addressing the packet, ostensibly from the White House (59)
  • Trump Hotels cover sheets (60 and 73; 77 and 88)
  • Initial copy of Viktor Shokin notes (61-62)
  • One copy of Yuriy Lutsenko notes, with underlines on section Lutsenko interview (63-66)
  • Annotated copy of Shokin notes (67-68)
  • Annotated copy of Lutsenko notes, incorporating original underlines (69-72)
  • A list of names (including Sergii Luschenko) (74)
  • A March 2016 letter from George Kent on US Embassy in Ukraine letterhead responding to a query about how US assistance was spent, with a post-it titled “Solomon articles” (75-76)
  • Two timelines (in another Trump folder) with no headers or title, ostensibly laying out Obama Administration corruption; the second has a post-it querying about its source (78-87)
  • Four John Solomon articles: one dated March 20 claiming Lutsenko had opened an investigation into how the Black Ledger was released, claiming it was a plot to help Hillary; another dated March 20 reporting Lutsenko claiming Yovanovitch had given him a do not prosecute list; a third dated March 20 reporting Lutsenko’s claim he had opened an investigation into the Black Ledger release; the draft of the March 26 column sent to Lev Parnas, Joe DiGenova, Victoria Toensing, and claiming the US embassy had shut down an investigation into a Soros backed anti-corruption group; the March 26 draft was sent from an unidentified ProtonMail account to someone unidentified (89-100)

That packet seems to show that Solomon wrote his four articles smearing Yovanovitch and Democrats based in part on the notes Rudy took in meetings with Shokin and Lutsenko. The draft status of the last Solomon article suggests that they were shared sometime on March 26, before it was posted.

March 27, 11:28AM: Rudy’s assistant, Jo Ann Zafonte, emails Trump’s then personal assistant Madelein Westerhout, asking for a number for Pompeo

March 27, 11:52: Westerhout asks someone what number she can have.

March 27, 12:03: In response, State gives Westerhout the scheduler’s number.

March 28, 9:27AM: Rudy (apparently, himself) calls to confirm the call on March 29

March 28, 9:34AM: State Ops Center emails someone whose name is redacted to ask if there will be monitors on Rudy’s call to Pompeo

March 28, 9:37AM: The person with redacted name informs David Hale about the call

March 29, 8:14AM: State puts Pompeo through to Rudy on his unsecure cell phone

March 29, 8:18AM: The call ends

April 1, 1:30: Pompeo speaks to Nunes (in one case described as HPSCI “Chairman”) on a secure line

April 8-15: Bill Taylor and other Ambassadors write David Hale about the smear of Yovanovitch

Pages 2-22 show Bill Taylor and other Ambassadors sending a letter decrying the attack on Yovanovitch (it was organized by John Herbst) to David Hale. The letter explained that the attack would not only weaken “the structure of our diplomatic engagement,” but “weaken the alliance” with Ukraine, “making it harder to take effective action against corruption.”

Hale forwarded it to Counselor Thomas Brechbuhl and Philip Reeker, as an FYI. Later that day, Reeker sends Brechbuhl an email memorializing a meeting about the topic which is entirely redacted under a deliberation exemption. The next day, Herbst sent a copy to Brechbuhl and someone else, the latter of whom responded to the FOIA. Herbst explained, “As we offered David, we would be happy to provide further information…” Brechbuhl responded mid-day the next day saying, “Thank you for your concern and offer. It’s much appreciated” — a polite brush-off.

On April 15, Hale sends it to someone whose name is redacted saying, “Not sure what to do with this.”

April 12-Jun 11: State ignores the concerns of Steny Hoyer and Eliot Engel

Pages 27-31 and 34-37 involve an April 12 letter Steny Hoyer and Eliot Engel sent to Pompeo urging him to defend his diplomats, using Yovanovitch as the urgent example. Internally, State (including Charles Faulker, who has been ousted for corruption) note that the Congressmen will not make the letter public. But Mary Elizabeth Taylor, the Legislative Affairs Assistant Secretary, does ask that it be tasked and turned around quickly.

Nevertheless, Taylor does not respond until June 11, in a letter in which she deflects with the Congressmen, claiming that Yovanovitch was due to finish her assignment this summer, and the end of her service coincided with the presidential transition in Ukraine.

Other

This doesn’t fit into the timeline at all, but pages 23-25; 32-33 include details Trident Acquisitions Chairman Edward Verona sent to Mike McKinley (these are included because he makes a reference to Yovanovitch) about a November 2018 visit to Ukraine.

The Conflict between the GOP’s “Hearsay” and “Whistleblower” Defenses

Sometimes Byron York is useful because he clarifies just how stupid and contradictory right wing talking points are.

Today, he claims that, for both the Russian investigation and impeachment, Democrats don’t want anyone to know how the investigation started.

Should the whistleblower have connections to prominent Democrats, exposure of his identity could be embarrassing to the party. And perhaps most of all, reading through the impeachment inquiry depositions that have been released so far, it’s clear that cutting off questions that could possibly relate to the whistleblower has also allowed Democrats to shut off any look at how the Trump-Ukraine investigation started. Who was involved? What actions did they take? Why did some government employees think President Trump’s July 25 call to Ukrainian President Volodymyr Zelensky represented a lost opportunity, or poor judgment, while others thought it represented wrongdoing requiring congressional investigation?

Democrats do not want the public to know. And in that, their position is familiar to anyone who has watched Washington for the last two years: The Democrats’ determination to cut off questions about the origins of the Trump-Ukraine investigation is strikingly similar to their determination to cut off questions about the origins of the Trump-Russia investigation. In both cases, they fought hard to keep secret the origins of investigations that have shaken the nation, deeply divided the electorate, and affected the future of the presidency.

Regarding the Russian investigation, Byron (like most denialists) can’t seem to get his head around the fact that a crime happened — a hostile foreign government hacked political targets — and the FBI started to investigate. They honestly appear to believe the FBI should not investigate hacks, generally, or maybe just not those attributed in real time to hostile foreign actors.

But the claim is even stupider with regards to the impeachment inquiry for reasons laid out right there in the middle of his argument.

It’s not the whistleblower who responded to the July 25 call with shaking anger. It’s not the whistleblower who recognized it was so incriminating, the call record had to be censored and hidden on a Top Secret server.

The people who started the investigation that led to impeachment were all on the July 25 call. Republicans suspect that Alexander Vindman was one of them; they suspect that he was the person who went, “visibly shaken,” and shared details about a ‘crazy,’ ‘frightening’ and ‘completely lacking in substance related to national security'” call with  a colleague who then wrote up his concerns rather than just sharing them with John Eisenberg, who was finding several ways to bury the damning report. But the whistleblower complaint itself describes that “multiple White House officials with direct knowledge of the call” shared their impression of it with the whistleblower. We know, for example, that Mike Pence aide Jennifer Williams agreed with Vindman.

Even Tim Morrison, a fire-breathing Republican who claims he doesn’t think Trump committed a crime, recognized the call was problematic.

Mike Pompeo, the Secretary of State, responded to publicity about the call by lying about being on it, then refusing to testify about it, which isn’t exactly a sign that he thinks it’s a “perfect” call.

This investigation could not have been “started” by the whistleblower, contrary to what dullards like Byron claim, for the same reason they complain that George Kent and Bill Taylor and Marie Yovanovtich weren’t appropriate witnesses because they weren’t on that call. That’s because the whistleblower wasn’t on the call. Someone — multiple people, as it turned out — had to share details of the call with him before he put all the other dots together in his complaint.

Mind you, the claim of hearsay is false, as all the witnesses have direct knowledge of the wider operation to extort Ukraine. In the case of the whistleblower, for example, Republicans continue to falsely claim he had no direct knowledge of these matters; his description of the July 18 call where OMB announced a hold on aid is not cited to other people.

Still, it’s the larger point that Byron helpfully demonstrates is so stupid. It cannot be true that we need to learn about the whistleblower to understand how all this started and also be true that the whistleblower’s view is meaningless because he was operating exclusively from hearsay. The claim itself underscores that multiple people on the call itself objected when they heard the president extort a foreign leader.

But something more basic is true: This investigation started because the president extorted a foreign leader while a dozen witnesses were listening.

Jim Jordan Accuses Trump of Lying to Mueller in Latest Defense against Impeachment

Among the efforts Republicans employed to excuse the President’s inexcusable behavior in yesterday’s impeachment hearing, they tried to lay out reasons why Trump could legitimately think Ukraine was out to get him. Among the things Steve Castor laid out includes an op-ed Ukraine’s then Ambassador to the US Valeriy Chaly placed in the Hill in early August 2016, laying out how outrageous it was that Trump had recently suggested he would entertain recognizing Russia’s annexation of Crimea.

“Can you see how the simple fact of writing an op-ed, the Ukrainian Ambassador to the US might create a perception that there are elements of the Ukrainian establishment were advocating against then-candidate Trump,” GOP counsel Steve Castor asked about an op-ed in which Ukraine’s Ambassador defended the territorial integrity of his country and invoked resolutions where the US had committed to do so too. “That’s a tremendously sensitive issue in Ukraine,” Marie Yovanovitch explained, as if it weren’t evident.

In spite of how obvious that explanation for the op-ed is, Jim Jordan nevertheless returned to this attack, claiming that the op-ed was an example of an Ambassador trying to influence a host country election and suggesting Yovanovitch was negligent in not telling Ukraine to stop defending its territorial integrity. (Jordan also lobbed the Nellie Ohr attack that even Devin Nunes seems to have recognized constituted an attack on an experienced organized crime researcher being paid by GOP billionaire Paul Singer.)

Republicans are not outraged by John Solomon’s hit job in the Hill targeting an Ambassador who has served presidents of both parties, they’re not outraged that Mike Flynn was writing an op-ed to be placed in the Hill that was paid for by the Turkish state even while getting Top Secret briefings with Trump as candidate.

They are, however, outraged that a Hill op-ed by Ukraine’s Ambassador to the US points out that America has made past commitments to protect Ukraine’s territorial integrity.

But there’s something still crazier about this line of defense.

Chaly’s op-ed could only be viewed as an attack on Trump if he did, in fact, advocate recognizing Russia’s annexation of Crimea. Otherwise, the op-ed would simply be a matter of policy, as Yovanovitch patiently explained to Castor.

And it turns out that Trump has represented, in an answer submitted under oath to Robert Mueller, that he had no policy stance on Crimea. Mueller asked whether the very comments that the Chaly op-ed addressed represented an intention to recognize Russia’s annexation of Crimea.

On July 27, 2016, in response to a question about whether you would recognize Crimea as Russian territory and lift sanctions on Russia, you said: “We’ ll be looking at that. Yeah, we’ll be looking.” Did you intend to communicate by that statement or at any other time during the campaign a willingness to lift sanctions and/or recognize Russia’s annexation of Crimea if you were elected?

1. What consideration did you give to lifting sanctions and/or recognizing Russia’s annexation of Crimea if you were elected? Describe who you spoke with about this topic, when, the substance of the discussion(s).

And while this answer was the most unresponsive among a slew of unresponsive answers, Trump nevertheless stated, under oath, that his statement did not amount to a policy position.

My statement did not communicate any position.

Republicans can’t have this both ways. The only way this op-ed could be an attack on Trump is if Trump really was supporting annexation of Crimea. He may well have been — except he has stated, under oath, that he was not.

Treating this op-ed as an attack on Trump, then, is also an accusation that Trump lied in his sworn answers to Mueller.

Why is Jim Jordan defending President Trump against impeachment by accusing him of lying under oath?

Hours after Donald Trump Witness Tampered in Real Time, Roger Stone Found Guilty of the Same Crime

In the middle of today’s impeachment testimony from Marie Yovanovitch Trump lost control of his emotions and attacked the witness.

Adam Schiff interrupted committee counsel Dan Goldman’s questioning, read Yovanovitch the tweet, and asked her how it made her feel.

Yovanovitch said it made her feel intimidated.

Schiff, a former federal prosecutor, knows how to substantiate a witness tampering charge. Even Bret Baier recognized this as such.

During the break in Yovanovitch’s testimony, the jury in Roger Stone’s trial came back with a verdict. They found him guilty on all seven counts. That includes a witness tampering charge for Stone’s efforts to dissuade Randy Credico from testifying before the House Intelligence Committee, the very same committee leading this impeachment hearing.

The courts are just now imposing consequences for Trump’s efforts to cheat to win the 2016 election, even as he attempts to prevent the one court that can try him for imposing consequences for cheating to win the 2020 election.

Impeachment Hearings: Day 2 – Marie Yovanovitch [UPDATE-2]

I’m putting up this post and thread dedicated to today’s hearing which was scheduled to begin at 9:00 a.m. ET. Updates to this post will appear at the bottom.

Former ambassador to Ukraine Marie Yovanovitch is now appearing before the House and opening statements have just finished.

If you’re not within range of television or can’t stream the hearing, you can follow along with these live Twitter threads:

Marcy’s thread

Brandi Buchman for Courthouse News

Law prof and author Jennifer Taub

Some of these feeds also appear in my Trump-Russia Twitter list; open it and refresh periodically.

CNN has a live update page dedicated to today’s hearing.

Washington Post’s live update page here.

Here’s a copy of Yovanovitch’s testimony on October 11 in closed door session, released November 4.

Here’s a copy of Yovanovitch’s written statement submitted today.

If you have other resources you feel are helpful, please share them in comments. Thanks.

UPDATE-1 — 10:28 a.m. ET —

Zelensky was pretty shrewd or innately savvy about the breadcrumbs he left in his interactions with Team Trump.

Trump’s tweet which Daniel Dale embedded as a snapshot:

And of course Trump can’t shut the fuck up; he’s now implied he’s had opposition research done into Yovanovitch’s work history. Why would he need to do that if his actions with regard to Ukraine were totally above board?

Adam Schiff has interrupted questioning to offer Yovanovitch an opportunity to respond to Trump’s tweet denigrating her, amounting to witness intimidation.

UPDATE-2 — 12:35 p.m. ET —

Marcy started a fresh live tweet thread for this afternoon’s testimony by Yovanovitch before the GOP’s counsel and committee members.

Emma Loop with BuzzFeed is now in the hearing room and has also begun a live tweet thread.

Related: If you didn’t hear already, Roger Stone was found guilty on seven counts of obstruction of proceedings, false statements, and witness tampering. Politico’s Darren Samuelson covered the verdict in a thread.

How odd so many of the people close to Trump have been found guilty or pleaded guilty to crimes related to his campaign or work related to Ukraine, Russia, and Turkey.

Why Won’t Sean Hannity Defend Trump against Impeachment Under Oath?

Yesterday, the Republicans released their list of requested witnesses for the public impeachment hearings this week. The list includes:

  • Devon Archer, Hunter Biden’s business partner
  • Hunter Biden
  • Alexandrea Chalupa, the DNC consultant who conducted oppo research on Manafort [corrected] via non-official sources
  • Undersecretary of State David Hale, who gave a private deposition the details of which have not yet leaked
  • Tim Morrison, the NSC staffer who was on the Trump call but has said (in part because saying anything else would implicate him criminally) nothing he heard was a problem
  • Nellie Ohr, whom Nunes falsely accuses of assisting with the Steele dossier, but who collected oppo research on Trump based off leads which were in turn based off open source research
  • Kurt Volker
  • The whistleblower
  • The whistleblower’s sources

I’m amuses me they think Volker will help them, as it reflects their inability to process information as it has come in. In his testimony, Volker made a concerted effort to spin what happened in the least damaging way for Trump. He based much of that defense on the then-operative understanding that Trump had never mentioned Burisma in his conversation with Volodymyr Zelensky, thereby suggesting that that improper request never got beyond Rudy Giuliani to the President. But we now know that Trump did explicitly invoke Burisma in the call, but that it got redacted out by John Eisenberg and others. That is, precisely the detail that Volker used to exonerate the President has now been overtaken by events. Volker will likely spend part of his public testimony backtracking off the stances Republicans believe help the President.

While I assume Schiff will accept the request to call witnesses he himself has asked for depositions, Schiff has already ruled out calling Hunter Biden or the whistleblower.

Still, the most telling part of this list is that the most loyal defender of the President, Sean Hannity, is not on it.

It is now clear that Hannity is a key player in this information operation (unsurprisingly, given what we know about his efforts to coordinate Paul Manafort’s defense). Unlike John Solomon, Hannity’s personal implication in the slimy nest of legal conflicts that the President calls legal representation seem to have ended when Michael Cohen got busted. Unlike Rudy, Hannity’s status as a journalist should protect him from legal liability.

So there’s no reason — besides the fact he’d be under oath — why he shouldn’t be willing to testify about the several key events he played a part in.

For example, Marie Yovanovitch testified that she understands during a period when Hannity was attacking her personally, someone close to Mike Pompeo called Hannity and asked him to either substantiate the charges or stop.

THE CHAIRMAN: And did you ever find out when, you know, the allegations were being made or the attacks were being made by Donald Trump, )r., or Rudy Giuliani, did you ever find out what the Secretary of State’s position, whether the Secretary of State was going to defend you or not, apart from the refusal by the Secretary to issue a statement in your defense?

MS. YOVANOVITCH: What I was told by Phil Reeker was that the Secretary or perhaps somebody around hjm was going to place a call to Mr. Hannity on FOX News to say, you know, what is going on? I mean, do you have proof of these kinds of allegations or not? And if you have proof, you know, telI me, and if not, stop. And I understand that that call was made. I don’t know whether it was the Secretary or somebody else in his inner circle. And for a time, you know, things kind of simmered down.

THE CHAIRMAN: I mean, does that seem extraordinary to you that the Secretary of State or some other high-ranking official would call a talk show host to figure out whether you should be retained as ambassador?

MS . YOVANOVITCH: Wet 1 , I ‘m not sure that’ s exactly what was being asked.

THE CHAIRMAN: Well , they were aski ng i f what basi s they was Hannity one of the people criticizing you?

MS. Y0VANOVITCH: Yes. THE CHAIRMAN: 5o some top administration official was going to him to find out what the basis of this FOX host was attacking you tor?

YOVANOVITCH: Uh- huh.

THE CHAIRMAN: And did you ever get any readout on what the result of that conversation was?

MS. YOVANOVITCH: No, I didn’t, although I was told that it did take place.

Then later in the same deposition, Yovanovitch described how, in an appearance on Hannity’s show, the President pivoted from a question about Russia to focus on Ukraine, which the Ambassador thought might also be targeted at her.

[Dan Goldman] Are you also aware that on the night of April 25th that President Trump went on Sean Hannity’s show and discussed Ukraine?

A Yes. He was asked a question about Russia and he answered by responding about Ukraine.

Q And what was your reaction to that?

A Well, you know, I mean, I was concerned about what this would all mean.

Q In what way?

A Well, obviously, for me personally, not to make it all about me, but for me personally. But also, what does this mean for our policy? Where are we going?

In response, Hannity issued two angry denials on Twitter, not under oath, then linked to a (!!!) now debunked John Solomon piece, as if that did anything but confirm he was part of an information operation.

If Hannity wants to clear his name, surely he’s willing to do so under oath? While there, he can also explain why he keeps bringing Solomon, Joe DiGenova, and Victoria Toensing on his show, and why he doesn’t disclose that the latter two are working for mobbed up Ukrainian oligarch Dmitry Firtash.

Hannity has repeatedly hosted Joseph diGenova and Victoria Toensing, lawyers for Ukrainian oligarch Dmitry Firtash.

According to a Media Matters database, diGenova has appeared on Hannity’s show at least 37 times in 2018 and 2019. His partner Toensing has appeared on Hannity’s show at least 20 times during the same period.

Additionally, Hannity has hosted conservative writer John Solomon over 100 times in 2018 and 2019. Solomon, now a Fox News contributor, is also a client of Toensing and diGenova, and he coordinated with personal Trump lawyer Rudy Giuliani to inject his Ukraine disinformation into the media.

More importantly, when testifying under oath before the impeachment inquiry, Hannity can explain why Rudy’s Ukrainian grifters, Lev Parnas and Igor Fruman, were setting up an interview between him and Ukrainian prosecutor Viktor Shokin in Vienna, where Firtash has been bankrolling this entire influence operation.

While questions in Washington swirl around Shokin’s role in this controversy, Giuliani, Parnas, Fruman had specific plans for the former Ukrainian official up until the day of their arrest. According to those four sources, they told others they were headed to Vienna to help with a planned interview the next day: Shokin, they said, was scheduled to do an interview from the Austrian capital with Sean Hannity.

Through a spokesperson, Hannity said that “we never reveal our sources, potential sources, or persons they may or may not request to interview. Sean Hannity takes the first amendment seriously.”

He might even be able to explain whether, in Attorney General Barr’s visit to Rupert Murdoch’s home the night the grifters got arrested trying to flee the country (and so the night before Hannity was supposed to interview Shokin), he tipped off Hannity not to get on any planes?

Sean Hannity is a far more central fact witness on events associated with the impeachment than Biden, Archer, Chalupa, or Ohr. He’s one of Trump’s most loyal fans, so if there’s a defense of the President to be made, surely he’s willing to make it … under oath.

And yet, either Republicans aren’t willing to risk Hannity’s reputation, or Hannity is unwilling to repeat his claims denying involvement under oath.

Main Justice Now Looking for the Evidence in Plain Sight They Ignored in August

Along with more background about Rudy Giuliani’s legal troubles, Politico reports that Main Justice is now getting more involved in SDNY’s investigation of Rudy’s sleazy influence peddling.

According to a person close to the investigation, DOJ’s criminal division and SDNY have been pressed to more proactively work together in light of public confusion surrounding the department’s past statements on the campaign finance non-charging decision and the Giuliani meeting. This “happens all the time at DOJ, just usually not in such a high-profile case,” the person said. “It will lead to a natural decision to bring the resources together and to make sure they act at least in parallel and probably in coordination and not antagonistic to each other.”

A DOJ spokesperson declined to comment when asked about SDNY and the criminal division working in tandem.

A move to bring department headquarters — “Main Justice” as its widely known — deeper into the Giuliani probe is causing heartburn at SDNY, which is widely known for its autonomy and reputation as the “Sovereign District of New York.”

“You lose a certain amount of nimbleness and a certain amount of independence because now you are answering to someone above you,” explained a former senior SDNY official who said there’s “no way that Main Justice is not involved.”

As the quote from SDNY makes clear, this is probably partly an attempt by Bill Barr and Brian Benczkowski to limit the damage that the Lev Parnas and Igor Fruman prosecution can do to the President, even though it’s crystal clear their crimes tie to the extortion the President was engaged in on his July 25 call with Volodymyr Zelensky. The focus on Rudy suggests he may be the scapegoat, who must be aggressively prosecuted as a way to avoid prosecuting the President, which probably explains why the man who, 18 months ago, was brokering a pardon to keep Michael Cohen silent, is now publicly campaigning for his own pardon.

But Main Justice’s bigfooting into SDNY probably serves another purpose: it helps Benczkowski and others avoid obstruction charges for actions they took to ensure that the August assessment of the whistleblower complaint wouldn’t discover the obvious ties between the crimes that SDNY was about to charge and the President’s behavior.

As I have laid out, if the people at Main Justice had followed the protocols put into place after 9/11 — which includes a search of FBI’s existing holdings every time it gets a tip, particularly if the tip might indicate a tie to national security, as this one did — they would have found all the evidence of an influence campaign in DOJ’s possession.

At the time DOJ reviewed the whistleblower complaint, DOJ knew:

  • Lev Parnas and Igor Fruman were funded by big money from a lawyer who specializes in laundering money through real estate for foreigners
  • They were spending those funds, via a shell company, to make big donations to Republicans (including $325,000 to Trump’s SuperPAC)
  • Those donations were tied to specific asks about Ukraine
  • Rudy was working with Parnas and Fruman to share disinformation with multiple parts of government
  • One goal of that disinformation — a successful one — was to get Marie Yovanovitch recalled

A search on Rudy’s name (or that of Parnas and Fruman, who were not named in the complaint but were included by multiple references in it to a profile on their operation), DOJ would have found all of this evidence, making it impossible to render the verdict — that no crime had been committed — that DOJ did. There’s simply no way a marginally competent assessment could have rendered that verdict.

And finding that evidence would have made it clear that Trump’s mention of Rudy’s shenanigans and Yovanovitch on the call tie his extortion to the crime SDNY was investigating (and has now charged).

Since that is public and obvious to anyone who knows how FBI is supposed to work, Main Justice has no choice but to show some interest in these crimes now or risk being part of the conspiracy.

Which is why DOJ is now telling Politico that the things they’ve previously said (which I’ve used to show that they affirmatively avoided connecting the dots in August) didn’t really mean what they obviously did mean at the time.

Additional attention to these issues has come from DOJ headquarters, which in August was tasked with examining Trump’s phone call asking Ukrainian President Volodymyr Zelensky to dig up dirt on the American leader’s political rivals. A statement released by DOJ spokeswoman Kerri Kupec in late September said the department’s criminal division reviewed the official record of the call “and determined, based on the facts and applicable law, that there was no campaign finance violation and that no further action was warranted.”

“All relevant components of the department agreed with this legal conclusion, and the department has concluded the matter,” Kupec said at the time.

A senior Justice Department official who spoke on condition of anonymity said Kupec’s Sept. 25 statement was limited to the campaign finance issue raised by a referral from the Intelligence Community Inspector General and was not intended to rule in or out the possibility of Justice officials examining any other legal issues related to the Trump-Zelensky call, if warranted.

If I were HJC, I’d submit a document request around the actions (not) taken in August — including DOJ’s failure to share the whistleblower complaint with the FEC, the same kind of conspiracy to prevent FEC from doing its job that the Russian trolls and Parnas and Fruman are being prosecuted for — and ask Michael Horowitz to review them. Because the efforts Main Justice is making now cannot undo the actions taken and not taken in August to prevent a thorough investigation of that complaint.

Rudy’s Disinformation Campaign Ties Directly with Key Milestones in the Mueller Investigation

In this post, I suggested that Rudy Giuliani’s efforts to broker a complex deal in Ukraine, which dug up dirt on Democrats, undercut the Russian attribution of the 2016 hack, yoked the Republican party to a bizarre Ukrainian gas deal, and have led Volodymyr Zelensky to begin implementation of the Steinmeier Formula, may just be the continuation of a quid pro quo Paul Manafort may have been trying to deliver since August 2, 2016, when he discuss how he planned to win the election in the same secret meeting where he talked about how to carve up Ukraine. That’s all the more likely given three facts:

That is, Mueller suggested that Manafort was using his JDA with the President to conduct other business, and we’re now seeing Trump’s nominal defense attorney pursue precisely the same kind of business, still shielded by a claim to Joint Defense.

In this post, I laid out how the campaign against Marie Yovanovitch appeared to parallel the declining fortunes of Paul Manafort, even in spite of Ukraine’s halt to cooperation on the case against Manafort once Trump sold them some Javelin missiles.

In other words, there’s a lot of circumstantial evidence to suggest that the Ukraine grift is just a continuation of the Russian operation, and is perhaps even a payoff of a quid pro quo Manafort entered into to get help winning 2016. But it’s just circumstantial right now.

That said, we now have two temporal ties linking the Russian investigation to Rudy’s Ukraine graft. One has been known from the start of the Ukraine scandal. Just as Trump turned to his request for a “favor” from Zelensky in their July 25 call, he invoked Mueller’s “incompetent performance” the day before.

The President: I would like you to do us a favor though because our country has been through a lot and Ukraine knows a lot about it. I would like you to find out what happened with this whole situation with Ukraine, they say Crowdstrike … I guess you have one of your wealthy people… The server, they say Ukraine has it. There are a lot of things that went on, the whole situation. I think you are surrounding yourself with some of the same people. I would like to have the Attorney General call you or your people and I would like you to get to the bottom of it. As you saw yesterday, that whole nonsense ended with a very poor performance by a man named Robert Mueller, an incompetent performance, but they say a lot of it started with Ukraine. Whatever you can do, it’s very important that you do it if that’s possible.

Trump did so to suggest that much of Mueller’s investigation “started with Ukraine,” which seems to be a reference to the disinformation about DNC efforts (as well as the overlapping efforts of Ali Chalupa) to learn about Manafort’s corruption, and the suggestion that’s the only thing that predicated (or renewed) the investigation into Manafort’s graft.

So the day after Mueller’s testimony seemingly closed his investigation once and for all, Trump got on the phone and extorted Zelensky to provide disinformation undercutting Mueller’s investigation, at the very least (though I think there’s more he was after) the black ledger.

But a WSJ piece on Lev Parnas’ private Instagram account provides another.

It reveals that Ukraine grifter Lev Parnas attended the celebration dinner Trump’s legal team had the day after Bill Barr released a summary about the Mueller Report that was, itself, disinformation. It shows that Parnas, at least, suggested Trump’s legal team deserved some kind of credit for Barr’s roll-out. And it claims that Ukrainian grifter and Trump’s legal team were hard at work moving (and includes notes in the picture that might reveal what Parnas and friends had planned).

So Barr announces the false results of the Mueller investigation and the next day someone involved in the production of disinformation claims credit and looks forward to his next task.

And Mueller provides what Trump claims to be an “incompetent performance” in the House, and the next day Trump extorts a foreign leader for disinformation that Rudy has been concocting with the Ukrainian grifter all summer.

On the Potential Viability of Foreign Agent Charges for Rudy Giuliani

Since the NYT revealed that SDNY is investigating Rudy Giuliani for what they call “lobbying” laws,

Mr. Lutsenko initially asked Mr. Giuliani to represent him, according to the former mayor, who said he declined because it would have posed a conflict with his work for the president. Instead, Mr. Giuliani said, he interviewed Mr. Lutsenko for hours, then had one of his employees — a “professional investigator who works for my company” — write memos detailing the Ukrainian prosecutors’ claims about Ms. Yovanovitch, Mr. Biden and others.

Mr. Giuliani said he provided those memos to Secretary of State Mike Pompeo this year and was told that the State Department passed the memos to the F.B.I. He did not say who told him.

Mr. Giuliani said he also gave the memos to the columnist, John Solomon, who worked at the time for The Hill newspaper and published articles and videos critical of Ms. Yovanovitch, the Bidens and other Trump targets. It was unclear to what degree Mr. Giuliani’s memos served as fodder for Mr. Solomon, who independently interviewed Mr. Lutsenko and other sources.

Mr. Solomon did not immediately respond to a request for comment.

The lobbying disclosure law contains an exemption for legal work, and Mr. Giuliani said his efforts to unearth information and push both for investigations in Ukraine and for news coverage of his findings originated with his defense of Mr. Trump in the special counsel’s investigation.

He acknowledged that his work morphed into a more general dragnet for dirt on Mr. Trump’s targets but said that it was difficult to separate those lines of inquiry from his original mission of discrediting the origins of the special counsel’s investigation.

Mr. Giuliani said Mr. Lutsenko never specifically asked him to try to force Ms. Yovanovitch’s recall, saying he concluded himself that Mr. Lutsenko probably wanted her fired because he had complained that she was stifling his investigations.

“He didn’t say to me, ‘I came here to get Yovanovitch fired.’ He came here because he said he had been trying to transmit this information to your government for the past year, and had been unable to do it,” Mr. Giuliani said of his meeting in New York with Mr. Lutsenko. “I transmitted the information to the right people.”

And since the WSJ reported that Pete Sessions — named as Congressman 1 in the Lev Parnas/Igor Fruman indictment — was cooperating with a grand jury subpoena targeting Rudy,

A grand jury has issued a subpoena related to Manhattan federal prosecutors’ investigation into Rudy Giuliani, seeking documents from former Rep. Pete Sessions about his dealings with President Trump’s personal lawyer and associates, according to people familiar with the matter.

The subpoena seeks documents related to Mr. Giuliani’s business dealings with Ukraine and his involvement in efforts to oust the U.S. ambassador in Kyiv, as well as any interactions between Mr. Sessions, Mr. Giuliani and four men who were indicted last week on campaign-finance and conspiracy accounts, the people said.

Mr. Sessions’ knowledge of Mr. Giuliani’s dealings is a primary focus of the subpoena, the people said.

There has been a closer review of whether it would be possible to indict the President’s personal lawyer under foreign agent laws, with broad consensus that what Rudy is doing is actually covered by FARA — and not just his work for Ukraine, but also (among other places) for Turkey.

But there have been a number of claims that, I think, have been too pat about how easy or hard this is going to be.

Greg Craig, Tony Podesta, Vin Weber, and Bijan Kian are not apt precedents

First, a number of people have looked at how SDNY considered — but did not charge — Greg Craig, Tony Podesta, and Vin Weber under FARA, suggesting the same considerations would hold true with Rudy. Others have looked at Greg Craig (who was prosecuted but acquitted in DC for FARA after SDNY decided not to charge it) and Bijan Kian (who was convicted but then had his conviction thrown out by Judge Anthony Trenga based on the legal theory DOJ used) to suggest these cases are too difficult to charge to get Rudy.

It is absolutely the case that when powerful men with skilled lawyers have been pursued under FARA in recent years, DOJ has succeeded not in trial, but instead has gotten either plea deals or failed at trial (and that may have been one of the facts behind Mueller’s decision to strike a plea deal with Paul Manafort). That is sound evidence that SDNY is no doubt aware of.

But several things distinguish Rudy.

Most notably, all of those earlier cases came before DOJ’s newfound commitment to prosecuting FARA, with Mike Flynn prosecutor Brandon Van Grack taking over where a woman named Heather Hunt had been in charge before. At a minimum, that means a process that originally took place with Craig, Podesta, Weber, and Kian under an assumption that FARA would be treated solely as a registration issue may now be taking place under an assumption that violations of FARA — presumably to include both a failure to register and (what most charges have been so far) false statements under registration — can be prosecuted. That assumption would dramatically change the attention with which DOJ would document their communications, so prosecutors would not now be stuck going to trial (as Craig’s prosecutors were) without having DOJ’s documentation of a key meeting.

Notably, the same thing that triggered the FARA prosecution of Mike Flynn — concerns raised by Congress — happened last year when seven Democratic Senators wrote National Security Division head John Demers asking for a review. So there may well be documentation of Rudy’s claims about whether he does or does not need to register that SDNY is building a prosecution around.

Plus, one thing clearly distinguishes Rudy from all these other men. Rudy is not taking this investigation seriously, and does not have a lawyer reviewing his exposure. From reports, he may not have the ready cash to pay the likes of Rob Kelner (Flynn’s original, very competent, lawyer) or Robert Trout (Kian’s excellent lawyer). So he may be doing things now (not least, running his mouth on TV and making public statements about who he works for and how it gets paid) that put him at greater exposure.

Rudy G’s efforts to implicate State and DOJ (and the President) in his work

That said, another thing distinguishes Rudy from these past cases. Since the whistleblower complaint got made public, he has spent most of his time insisting that everything he did, he did with the awareness and involvement of — at least — the State Department. And in Trump’s July 25 call to Volodymyr Zelensky, he invoked Bill Barr’s name right alongside his nominal defense attorney.

Both foreign agent statutes (FARA — the one being discussed for Rudy, and 18 USC 951 — another one, with more flexibility, that Kian was charged under) require registration with the Attorney General. And while telling foreigners you’re negotiating with that the Attorney General will be by soon to pick up the disinformation demanded does not fulfill the requirements for registry (in part, the point of registering is to provide a paper trail so the public can track who is paying for what), it does change things that Rudy is suggesting that his work has the imprimatur of official policy to it.

That said, the assumption that implicating powerful government figures will keep you safe is a dangerous proposition. If the easiest way to end the Ukraine inquiry is to blame Rudy for it all (and if that’s still possible after several weeks of damning testimony), that may well come to pass.

And if Bill Barr needs to greenlight a FARA prosecution of Rudy as a way to minimize the damage to the Administration, and to himself, he may well do that (yet another reason why he should have recused long ago).

That’s all the more true given that most of Trump’s aides seem to recognize how damaging Rudy is for Trump’s exposure. If Trump won’t separate himself from Rudy, his lackeys might one day decide, then separate Rudy from Trump by prosecuting him, the same way they separated Michael Cohen from Trump.

That said, with Trump, loyalty is always transactional. And if he believes Rudy has dirt that can bring him down — and given the likelihood some of what Rudy is doing is the continuation of what Paul Manafort had been doing since August 2, 2016, that may be true — then Trump will defend Rudy’s work even if it means claiming everything he did operated under Article II authority.

The additional factor: ConFraudUs

The discussions about Rudy’s exposure under FARA, however, seem not to have considered another factor: that Lev Parnas and Igor Fruman have already been charged with conspiracy in conjunction with actions Rudy had a key role in. The Ukrainian grifter indictment charges them with two counts of Conspiracy to Defraud the US for hiding what money was behind their influence campaign on Ukraine (count 1) and Nevada marijuana (count 4), as well as False Statements to the FEC (count 2) and falsification of records (count 3) tied to the Ukraine influence operation. Counts 1-3 all pertain to the Ukrainian grifters laundering of campaign funds through Global Energy Producers, a front that (SDNY alleges) they falsely claimed was “a real business enterprise funded with substantial bona fide capital investment,” the major purpose of which “is energy trading, not political activity.” Those funds went, among other places, to the Trump related Super PAC America First Action and to Congressman Sessions.

Rudy has equivocated about his relationship to the Ukrainian grifters (and claims it goes through Fraud Guarantee, not GEP). But John Dowd, writing as the grifters’ lawyer, already stated for the record that he does have ties and those ties relate to his representation of the President. That is, the grifters are working for him, even while he works for them.

That’s important because Sessions’ statements have denied any official action in response to meetings with the grifters, but he also had meetings with Rudy in the time period, official action in response to which he has not denied. In addition, Rudy (whom Sessions says he has been friends with for three decades) also headlined a fundraiser for Sessions. And on top of the straw donations the grifters gave Sessions directly, America First Action gave Sessions far more to him, $3 million, the indictment notes twice.

In other words, while Sessions has denied doing anything in response to the grifters’ meetings, he has not denied doing anything in response to Rudy’s communications with him. If he sent his letter calling for the ouster of Marie Yovanovitch in response to a request from Rudy — whose finances are inextricably tied to the grifters — then it may be fairly easy to add him to the conspiracy the (successful) object of which was to get Yovanovitch fired. The propaganda Rudy sent (as laid out by NYT, and which the State IG already sent to the FBI earlier this year) would then simply be part of the conspiracy.

A few more points. There’s a passage of the indictment included to substantiate the allegation that the grifters were affirmatively trying to hide their purpose.

Indeed, when media reports about the GEP contributions first surfaced, an individual working with PARNAS remarked, “[t]his is what happens when you become visible … the buzzards descend,” to which PARNAS responded, “[t]hat’s why we need to stay under the radar…”

The indictment doesn’t disclose a number of details about this communication: who the interlocutor is, how it was collected, and whether it involved a mere warrant (for stored communications such as email or texts) or a wiretap. But particularly given the seeming overlap between these activities and those of people we know were surveilled during the period in question, it’s a pregnant inclusion in the indictment. It suggests the Feds may already be privy to far more about this scheme and the reasons the grifters might want it suppressed. Add that to the fact that, as WSJ reported, the Feds already have Rudy’s bank records, which will show whether he really worked for Fraud Guarantee or whether that, like GEP, is just a front.

Cui bono

Finally, consider this. The indictment says that the grifters were pushing to oust Yovanovitch to benefit  particular unnamed Ukrainians’ interests.

[T]hese contributions were made for the purpose of gaining influence with politicians so as to advance their own personal financial interests and the political interests of Ukrainian government officials, including at least one Ukrainian government official with whom they were working.

[snip]

At and around the time PARNAS and FRUMAN committed to raising those funds for [Sessions], PARNAS met with [SESSIONS] and sought [his] assistance in causing the U.S. Government to remove or recall [Yovanovitch]. PARNAS’s efforts to remove the Ambassador were conducted, at least in part, at the request of one or more Ukrainian government officials.

According to NBC, the Ukrainian in question was Yurii Lutsenko. But Lutsenko has since been ousted, and he has reneged on statements elicited by Rudy implicating the Bidens. More importantly, one of the promises Zelensky made in his July 25 call to Trump was to put in his own prosecutor who would pursue the two investigations — to trump up a claim Ukraine was behind the election tampering in 2016, and to invent evidence against Hunter Biden — that Trump wanted.

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

President Zelenskyy: I wanted to tell ·you about the prosecutor. First of all I understand arid I’m knowledgeable about the situation. Since we have won the absolute majority in our Parliament; the next prosecutor general will be 100% my person, my candidate, who will be approved, by the parliament and will start as a new prosecutor in September. He or she will look. into the situation, specifically to the company that you mentioned in this issue.

Which is what led to Lutsenko’s ouster.

Moreover, the prosecutor Biden shut down was not Lutsenko, but Viktor Shokin, who has written affidavits which then got fed to John Solomon on behalf of Dmitry Firtash, who is trying hard to avoid extradition (on bribery charges) to the US.

That — plus the financial and legal ties between Firtash and the grifters — suggests there may be other Ukrainians on whose behalf the grifters were working to get Yovanovitch withdrawn. Firtash is certainly one. A corrupt prosecutor with ties to Russian intelligence, Kostiantyn Kulyk, who had worked for all these guys — and who is behind a dossier on accusing Hunter Biden of corruption — may be another. That is, Yovanovitch may have been the impediment not to inventing dirt on the Bidens, which is a fairly easy ask, but instead on creating the pre-conditions for people like Firtash to go free (which would also explain the natural gas angle).

All of which is to say that it would be a fairly trivial matter to establish the evidence to charge Rudy in ConFraudUs along with the Ukrainian grifters, as SDNY already has a lot of the evidence it would need.

Yes, Rudy Giuliani is, by all appearances, in blatant violation of FARA. Yes, he may get away with that, in part because DOJ hasn’t yet figured out hard to charge it consistently (though knows what not to do given recent history), and in part because he has made sure to implicate Trump and his cabinet officials.

But there’s a larger question about whether those same financial ties expose Rudy for much uglier conspiracy charges.

Consider How Paul Manafort’s Fate May Have Affected Marie Yovanovitch

WaPo has published fired Ambassador to Ukraine Marie Yovanovitch’s prepared statement from her deposition today. It’s a powerful statement from a committed public servant — so go read it yourself.

But reporters have started focusing on a detail Yovanovitch included, but exclusively as it relates to yesterday’s events. When she asked Deputy Secretary of State John Sullivan why she had been withdrawn with almost no notice, he told her Trump had been pressuring State to do so since Summer 2018.

Finally, after being asked by the Department in early March to extend my tour until 2020, I was then abruptly told in late April to come back to Washington from Ukraine “on the next plane.” You will understandably want to ask why my posting ended so suddenly. I wanted to learn that too, and I tried to find out. I met with the Deputy Secretary of State, who informed me of the curtailment of my term. He said that the President had lost confidence in me and no longer wished me to serve as his ambassador. He added that there had been a concerted campaign against me, and that the Department had been under pressure from the President to remove me since the Summer of 2018. He also said that I had done nothing wrong and that this was not like other situations where he had recalled ambassadors for cause.

It is true that these events would have shortly followed the first efforts from Lev Parnas and Igor Fruman to cultivate Trump and his “free” lawyer, Rudy Giuliani, whom Trump “hired” (for free) in April.

At almost precisely that time, in April 2018, Ukraine stopped cooperating with Mueller on the Manafort prosecution, possibly in response to the approval of an export license for Javelin missiles, one of the same things Trump used again this summer to extort Ukraine.

Nevertheless, Trump’s efforts to fire Yovanovitch took place even while — in spite of Ukraine’s halt to their cooperation — things started going south for the President’s former campaign manager.

The government first moved to revoke Manafort’s bail because he was tampering with witnesses on June 4. Amy Berman Jackson sent him to jail (first club fed, then after his lawyers got cute, Alexandria jail) on June 15. Jurors in EDVA returned a guilty verdict on August 21. And on September 14, Manafort entered into what purported to be a cooperation agreement with Mueller’s prosecutors (but what, instead, turned out to be an intelligence gathering effort on what they knew and wanted to know, intelligence he shared with Trump). Throughout that period, Trump expressed real worry that Manafort would really flip on him.

As I will show, virtually everything we know about Manafort’s purported cooperation effort connects, in some way, to this Ukraine affair. Plus, we know that Rudy Giuliani was consulting with Manafort as he pursued his schemes. And Manafort’s lawyer Kevin Downing — the same one coordinating on these issues with Rudy — represented Parnas and Fruman in their EDVA appearance yesterday.

This Ukraine story is nothing more than the continuation of the Russian story, and much of it goes through Paul Manafort. Thus, it’s not surprising that as it looked increasingly likely that Manafort would pay for his crimes, and might implicate Trump in them, Trump tried to shut down one area of pressure.

Parnas and Fruman are likely just facilitators to make that happen.