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Are There Other Emails about the June 9 Meeting?

Something has been bugging me about this NYT story from last week reporting that, in a conference call with Mark Corallo on July 9, 2017 (see the timeline of events below), Hope Hicks told him emails on the June 9, 2016 Trump Tower meeting between Don Jr, Paul Manafort, and Jared Kushner and Natalia Veselnitskaya, Rinat Akhmetshin, Ike Kaveladze, and Rob Goldstone would never come out.

Corallo is planning to tell Mr. Mueller about a previously undisclosed conference call with Mr. Trump and Hope Hicks, the White House communications director, according to the three people. Mr. Corallo planned to tell investigators that Ms. Hicks said during the call that emails written by Donald Trump Jr. before the Trump Tower meeting — in which the younger Mr. Trump said he was eager to receive political dirt about Mrs. Clinton from the Russians — “will never get out.” That left Mr. Corallo with concerns that Ms. Hicks could be contemplating obstructing justice, the people said.

[snip]

In Mr. Corallo’s account — which he provided contemporaneously to three colleagues who later gave it to The Times — he told both Mr. Trump and Ms. Hicks that the statement drafted aboard Air Force One would backfire because documents would eventually surface showing that the meeting had been set up for the Trump campaign to get political dirt about Mrs. Clinton from the Russians.

According to his account, Ms. Hicks responded that the emails “will never get out” because only a few people had access to them.

As the story describes, the emails in question were already prepped (by the lawyers with whom Corallo worked on a day to day basis) to send to Congress, which would have made it really hard for anyone to withhold the emails.

Congress had requested records from Paul Manafort, Mr. Trump’s campaign chairman; Mr. Kushner; and other Trump campaign officials about meetings with Russians. And lawyers had already copied and stamped the emails for delivery to Capitol Hill.

But elsewhere in the story, the NYT admits that even as (or shortly after) that meeting transpired it already had the emails Don Jr released that day and was going to publish them itself.

The younger Mr. Trump ultimately released the emails after being told The Times was about to publish them.

The original story (as well as the second one) described that the meeting was discovered when Kushner disclosed it on one of his many revisions to his security clearance application and in a response from Paul Manafort to congressional inquiries.

The Trump Tower meeting was not disclosed to government officials until recently, when Mr. Kushner, who is also a senior White House aide, filed a revised version of a form required to obtain a security clearance.

[snip]

Manafort, the former campaign chairman, also recently disclosed the meeting, and Donald Trump Jr.’s role in organizing it, to congressional investigators who had questions about his foreign contacts, according to people familiar with the events.

But nothing in that description would mean Congress would have gotten the emails yet, which is where investigative materials normally get leaked to the press (though it’s possible Manafort had already turned them over).

Michael Wolff’s book reports the Bannon suspicion that a Jared aide (presumably Josh Raffel), who was in the initial meeting where Trump forced everyone else to say the June 9 meeting dealt primarily with adoptions, leaked the emails to the NYT.

Indeed, the best guess by many in the West Wing was that the details of the meeting had been leaked by the Kushner side, thus sacrificing Don Jr. in an attempt to deflect responsibility away from themselves.

[snip]

The lawyers, and spokesperson Mark Corallo, had been working to manage this news. But while in Hamburg, the president’s staff learned that the Times was developing a story that had far more details about the meeting—quite possibly supplied by the Kushner side—which it would publish on Saturday, July 8.

But it describes the Jared team as leaking details, not the emails themselves. Plus, it’s hard to see how the emails don’t also implicate Jared, unless he’s going to bank on having left the meeting as his means to defend himself even in light of all the other damning evidence he was willing to chat up Russians later in the year.

Furthermore, given that Jared was an active player in that first meeting, it’s hard to understand how Hicks wouldn’t have known that Jared would have to disclose any emails that involved him personally.

There’s one other detail of note. The NYT makes it clear that the lawyers (and Corallo) in DC were kept out of the loop on the panic on Air Force One and that they didn’t know the NYT was working on a story. Though it’s unclear where the Circa story that those lawyers (and Corallo) did contribute to came from, then, as it feels like an effort to pre-empt the NYT with a friendly outlet.

Significantly, the Circa story is the source of the claim that Trump didn’t know about the meeting that I noted here (which the lawyers are said to have believed, which is why the Trump and his family weren’t consulting with the lawyers).

President Trump was not aware of the meeting and did not attend it, according to the lawyers.

It’s also significant, though, because it adopts the line Paul Manafort seems to have convinced Reince Priebus to adopt, pointing to problems with the dossier and Fusion GPS as a way to discredit the entire investigation.

“We have learned from both our own investigation and public reports that the participants in the meeting misrepresented who they were and who they worked for,” said Mark Corallo, a spokesman for President Trump’s legal team. “Specifically, we have learned that the person who sought the meeting is associated with Fusion GPS, a firm which according to public reports, was retained by Democratic operatives to develop opposition research on the President and which commissioned the phony Steele dossier. ”

“These developments raise serious issues as to exactly who authorized and participated in any effort by Russian nationals to influence our election in any manner,” Corallo said.

I raise all this to highlight two possibilities: that the emails are all that exist, but that they were leaked by someone — Manafort? Bannon? Corallo? — to punish the White House for its first misleading lies about the meeting. Perhaps Gorelick leaked them, which might explain why she stopped representing Jared days later?

But there’s another possibility: that more emails exist, between Don Jr and Rob Goldstone (indeed, we know Goldstone sent follow-up emails involving Vkontakte). Or that there are communications between other players. In which case the release of the current emails might serve to distract from a fuller set that Hicks did succeed in burying.

In any case, not only is Corallo prepping his meeting with Mueller’s team, but Steve Bannon seems intent on meeting with Mueller before HPSCI has an opportunity to run interference with him.

A source familiar with the matter added that Bannon would instead answer all of special counsel Robert Mueller’s questions as part of his investigation.

So whatever particular complaints the Corallo/Kasowitz/Bannon/Priebus crowd has about the way things went down may soon be shared with Mueller.


Early July 7: NYT approaches WH officials and lawyers; WH schedules a conference call w/NYT for next morning.

July 7: Trump chats up Putin at dinner. (Note, whenever Melania decides it’s time to get revenge on Trump for treating her like shit, she can go tell Mueller what she overheard of this conversation.)

July 8, morning: Conference call doesn’t happen. NYT submits 14 questions about the meeting to the WH and lawyers of Trump campaign aides who attended the meeting (do these aides include all of Don Jr, Kushner, and Manafort?); Trump and his aides develop a response on Air Force One, with Hicks coordinating with Don Jr and his lawyer Alan Garten, who were both in NY, via text message.

July 8, afternoon: Jamie Gorelick provides a statement describing his revisions to his security clearance forms.

He has since submitted this information, including that during the campaign and transition, he had over 100 calls or meetings with representatives of more than 20 countries, most of which were during transition. Mr. Kushner has submitted additional updates and included, out of an abundance of caution, this meeting with a Russian person, which he briefly attended at the request of his brother-in-law Donald Trump Jr. As Mr. Kushner has consistently stated, he is eager to cooperate and share what he knows.

July 8, evening: Garten issues a statement in Don Jr’s name stating,

It was a short introductory meeting. I asked Jared and Paul to stop by. We primarily discussed a program about the adoption of Russian children that was active and popular with American families years ago and was since ended by the Russian government, but it was not a campaign issue at that time and there was no follow up. I was asked to attend the meeting by an acquaintance, but was not told the name of the person I would be meeting with beforehand.

July 8, 5PM: NYT publishes story.

July 8, slightly later: Circa publishes different story based on Mark Corallo’s statement, admitting Magnitsky Act discussion.

July 9, morning: Hope Hicks calls Corallo, with Trump in the room, accusing him of trafficking in conspiracy theories. It is this call, according to the NYT, where Hicks said the emails would never come out.

July 9: Don Jr issues a new statement.

After pleasantries were exchanged, the woman stated that she had information that individuals connected to Russia were funding the Democratic National Committee and supporting Mrs. Clinton. Her statements were vague, ambiguous and made no sense. No details or supporting information was provided or even offered. It quickly became clear that she had no meaningful information.

July 14: Jamie Gorelick quits representing Kushner on Russian issues.

July 20: Mark Corallo quits.

July 21: Marc Kasowitz quits.

 

Some lawyers and witnesses who have sat in or been briefed on the interviews have puzzled over Mr. Mueller’s interest in the episode. Lying to federal investigators is a crime; lying to the news media is not. For that reason, some of Mr. Trump’s advisers argue that Mr. Mueller has no grounds to ask the president about the statement and say he should refuse to discuss it.

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including Vice, Motherboard, the Nation, the Atlantic, Al Jazeera, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse in Grand Rapids, MI.

Feinstein’s Homework Assignments

While Devin Nunes has been getting all the headlines for trying to muck up the Mueller investigation, Chuck Grassley and Dianne Feinstein are increasingly at odds, as well. First there was the Grassley-Lindsey Graham bogus referral of Christopher Steele (I say it’s bogus not because I doubt his sworn statements have been inconsistent — they have been — but because FBI doesn’t need a referral for statements made to FBI itself). Then Feinstein released, and then apologized for, releasing the Glenn Simpson transcript. Grassley used that to invent the story that Jared Kushner was spooked and so wouldn’t sit for an interview with the Senate Judiciary Committee (we know that’s bullshit because Kushner released his own statement before giving it to the Senate Intelligence Committee, which “spooked” Richard Burr). Still, in response to a Sheldon Whitehouse and Richard Blumenthal request that Don Jr’s transcript be shared with FBI (because he likely lied in it), Grassley suggested he’d release the transcripts of all the interviews pertaining to the June 9 meeting.

So now both are continuing to collect evidence on their own, at least in part to generate headlines rather than investigative leads. But the most recent requests, both sent out yesterday, provide some insight into what they believe might have happened and what they know (or still don’t know).

In this post, I’ll look at whom Feinstein is requesting information from. In a follow-up I’ll comment on Grassley’s latest request.

Who Feinstein wants to talk to and who represents them

Some of Feinstein’s requests are immediately understandable, including the following people (thoughout this post, I’ve noted the lawyer’s name if the letter was sent to one):

As for the others, the explanation for why the Committee is seeking information explains any connection understood to the investigation. Most of this is open source information to footnoted reporting (click through to see those sources). Where that’s not the case, I’ve bolded it, as that presumably reflects still classified information the Committee received.

Michael Caputo (Dennis Vacco):

You joined the presidential campaign of Donald Trump as a communications advisor upon the recommendation of Paul Manafort, and it has been reported you have close ties to campaign advisor Roger Stone. It also has been reported that you have deep ties to Russia, including having worked for the Kremlin and Russian energy conglomerate Gazprom.

Paul Erickson (sent to him directly):

In May 2016, you were involved in efforts to broker a meeting between Alexander Torshin — someone you described as “President Putin’s emissary” — and top officials for the Trump campaign. In your communications with the Trump campaign about this meeting, you said that you had been “cultivating a back-channel to President Putin’s Kremlin” and that the “Kremlin believes htat the only possibility of a true reset in this relationship would be with a new Republican White House.”

Robert Foresman (sent to him directly):

As a long-time investment banker in Russia, you have developed relationships with senior Kremlin officials and have expressed your passion for private diplomacy to help foster improved U.S.-Russia relations. The Committee has reason to believe you sought to engage the Trump campaign in discussions concerning outreach from senior Kremlin officials.

Rhona Graff (Alan Futerfas, who is also representing Don Jr):

As a senior vice president in the Trump Organization and longtime assistant to Donald Trump, you are likely familiar with the President’s communications and schedule, particularly during the 2016 presidential campaign. For example, Roger Stone and Paul Manafort, [sic] have said they contact you to get access to President Trump. And when Rob Goldstone emailed Donald Trump Jr. about setting up the June 9, 2016 meeting between the Trump campaign and a Russian lawyer, he noted, “I can also send this info to your father via Rhona, but it is ultra sensitive so wanted to send to you first.”

Philip Griffin (sent directly to his email):

You have been a longstanding associate of former Trump campaign manager Paul Manafort and served, reportedly at his request, as an advisor to the Trump campaign during the Republican National Convention in Cleveland in July 2016.

[snip]

You have been a longtime of [sic] associate of Manafort, and you hired Konstantin Kiliminik [sic] to work with you and Manafort in Ukraine. In 2014, you were named in a lawsuit filed by Russian oligarch Oleg Deripaska as a “ley” partner, along with Manafort, Gates, and Kilimnik, in an investment fund that Deripaska contends stole nearly $19 million from him. In 2016, while Manafort was serving as the Trump campaign manager, Kilimnik reportedly emailed Manafort about reporting on Manafort’s role in the campaign with Deripaska, which Manafort suggested might be used to “get whole.”

David Keene (sent directly to him):

In spring 2016, Russian banker Alexander Torshin and Russian national Maria Butina were reportedly involved in efforts to arrange a meeting between Mr. Torshin and then-candidate Donald Trump or his campaign. Mr. Torshin is a “senior Russian official who claimed to be acting at the behest of President Vladimir V. Putin of Russia.” Ms. Butina is the founder of the Russian group known as the Right to Bear Arms and has described herself as a “representative of the Russian Federation” and a “connection between Team Trump and Russia.” You reportedly were introduced to Mr. Torshin in 2011, and were invited by Mr. Torshin and Ms. Butina to speak at the 2013 annual meeting in Moscow for the Right to Bear Arms. Ms. Butina was your guest at the NRA’s 2014 annual meeting, and you traveled along with Trump campaign surrogate Sheriff David Clarke to Moscow in December 2015 for another meeting with Ms. Butina’s organization.

Joseph Keith Kellogg, Jr. (sent directly to him):

As a member of the Trump campaign’s foreign policy team, you worked alongside George Papadopoulos and Carter Page, both of whom had multiple contacts with Russian officials (or their surrogates) that they reported back to the campaign. You also worked on the Trump transition team before joining the National Security Council and served as Chief of Staff under Lt. General Michael Flynn until his removal.

[snip]

You served as Chief of Staff on the National Security Council during the period when General Flynn lied to administration officials about his Russian contacts. It has been reported that, once the White House learned of those lies from Acting Attorney General Sally Yates, you started participating in the President’s daily security briefings, and — once General Flynn was removed — you served as the President’s interim national security advisor.

John Mashburn (sent to him at the White House):

As the Trump campaign policy director, you worked alongside members of the foreign policy team who had multiple contacts with Russian officials (or their surrogates). For example, Rick Dearborn, another senior policy aide, who reportedly shared a May 2016 request from Alexander Torshin, a senior Russian official with close ties to Vladimir Putin, to meet then-candidate Trump or other top campaign officials at the National Rifle Association’s 2016 annual convention. It also has been reported that JD Gordon informed you about pro-Russian changes to the Republican party platform that were championed by the Trump campaign. You role as senior advisor on the transition team, and now White House Deputy Cabinet Secretary, also has given you a firsthand look at other significant events affecting the Trump administration, including the removals of National Security Advisor Michael Flynn and FBI Director James Comey.

Frank Mermoud (sent via email directly to him):

You served as an advisor to the Trump campaign during the Republican National Convention in Cleveland in July 2016, running the program for ambassadors and foreign delegations — a post that you reportedly held at the recommendation of former Trump campaign manager Paul Manafort. Because of your role at the convention, longstanding relationship with Mr. Manafort, and deep business ties to Ukraine,

Amanda Miller (Alan Futerfas, who also represents Don Jr):

As a vice president for marketing at the Trump Organization, you are likely intimately familiar with President Donald Trump and the inner workings of the Trump Organization. For example, you have made public statements on behalf of the Trump Organization regarding the Trump Organization’s efforts to build a Trump Tower in Moscow. In addition, the Committee has reason to believe that you may have information on other Trump business ties to Russia.

Feinstein wants to know who lied to David Ignatius

In general, the items requested are not the surprising. I am, however, interested that Kellogg, Miller, and Spicer were asked about,

All communications concerning the story written by David Ignatius that appeared in the Washington Post on January 12, 2017, titled, “Why did Obama dawdle on Russia’s hacking?

Note, before the story, the transition team did not comment, but after it revealed that Flynn had phoned Sergei Kislyak several times on December 29, two aides called Ignatius and told what we now know are lies.

The Trump transition team did not respond Thursday night to a request for comment. But two team members called with information Friday morning. A first Trump official confirmed that Flynn had spoken with Kislyak by phone, but said the calls were before sanctions were announced and didn’t cover that topic. This official later added that Flynn’s initial call was to express condolences to Kislyak after the terrorist killing of the Russian ambassador to Ankara Dec. 19, and that Flynn made a second call Dec. 28 to express condolences for the shoot-down of a Russian plane carrying a choir to Syria. In that second call, Flynn also discussed plans for a Trump-Putin conversation sometime after the inauguration. In addition, a second Trump official said the Dec. 28 call included an invitation from Kislyak for a Trump administration official to visit Kazakhstan for a conference in late January.

Burck’s clients get different treatment

Also as I noted above, Feinstein staff treated the letter to the two William Burck clients differently. Bannon’s was sent to him, but care of Burck.

But McGahn’s was addressed to Burck.

Unless I missed it, McGahn’s is the only letter treated this way. Which is one reason I suspect the blizzard of stories about what a hero McGahn was in June after he had done clearly obstructive things in May and earlier may have more to do with McGahn’s legal jeopardy than Trump’s.

Update: This Politico piece (h/t PINC) says that McGahn hired Burck last May, right after he had done some really stupid things with respect to the Jim Comey firing.

McGahn came calling in May amid the fallout from Trump’s decision to fire Comey from his post as FBI director — an explosive move that prompted Mueller’s appointment.

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including Vice, Motherboard, the Nation, the Atlantic, Al Jazeera, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse in Grand Rapids, MI.

How Did Don McGahn Threaten to Quit without Telling Trump?

There’s something funny about the story — first broken by NYT tonight, then confirmed by WaPo — that Trump wanted to fire Robert Mueller last June but backed off after White House Counsel Don McGahn threatened to quit.

Oh sure, the NYT version has all the trappings of the classic principled stand. McGahn threatened to quit which led Trump to back down.

After receiving the president’s order to fire Mr. Mueller, the White House counsel, Donald F. McGahn II, refused to ask the Justice Department to dismiss the special counsel, saying he would quit instead, the people said.

But the WaPo lays out something that’s only hinted at in the NYT version: McGahn never told Trump himself he was going to quit.

McGahn did not deliver his resignation threat directly to Trump, but was serious about his threat to leave, according to a person familiar with the episode.

[snip]

Trump decided to assert that Mueller had unacceptable conflicts of interest and moved to remove him from his position, according to the people familiar with internal conversations.

In response, McGahn said he would not be at the White House if Trump went through with the move, according to a senior administration official.

Described that way, it sounds more like McGahn wasn’t going to take yet another action that exposed him, personally, to obstruction charges. After all, McGahn had already nudged close to that line on several occasions, though it’s not something foregrounded in either of these stories.

While the NYT admits that McGahn was just months off of trying to persuade Jeff Sessions to ignore DOJ ethics advice and not recuse, it doesn’t mention that McGahn helped orchestrate getting Jeff Sessions and Rod Rosenstein to provide cover for a Jim Comey firing that he knew, because he had insisted Trump rewrite his firing letter, was ultimately an effort to end the Russian investigation.

The other funny thing about both these stories is how they obscure one of the known sources of tension that led to John Dowd replacing Marc Kasowitz. Both stories describe Kasowitz’ efforts to discredit Mueller to make claims of partisanship — an effort that continues today, albeit largely though not entirely outsourced to the more venal Republican members of the House.

Around the time Mr. Trump wanted to fire Mr. Mueller, the president’s legal team, led then by his longtime personal lawyer in New York, Marc E. Kasowitz, was taking an adversarial approach to the Russia investigation. The president’s lawyers were digging into potential conflict-of-interest issues for Mr. Mueller and his team, according to current and former White House officials, and news media reports revealed that several of Mr. Mueller’s prosecutors had donated to Democrats.

But it doesn’t explain what Michael Wolff, at least, reports to be the precipitating cause of Kasowitz and Mark Corallo’s departure: their own concern that Trump’s July 7, 2017 lies about the June 9, 2016 meeting itself amounted to obstruction of justice.

An aggrieved, unyielding, and threatening president dominated the discussion, pushing into line his daughter and her husband, Hicks, and Raffel. Kasowitz—the lawyer whose specific job was to keep Trump at arm’s length from Russian-related matters—was kept on hold on the phone for an hour and then not put through. The president insisted that the meeting in Trump Tower was purely and simply about Russian adoption policy. That’s what was discussed, period. Period. Even though it was likely, if not certain, that the Times had the incriminating email chain—in fact, it was quite possible that Jared and Ivanka and the lawyers knew the Times had this email chain—the president ordered that no one should let on to the more problematic discussion about Hillary Clinton.

[snip]

In Washington, Kasowitz and the legal team’s spokesperson, Mark Corallo, weren’t informed of either the Times article or the plan for how to respond to it until Don Jr.’s initial statement went out just before the story broke that Saturday.

[snip]

Mark Corallo was instructed not to speak to the press, indeed not to even answer his phone. Later that week, Corallo, seeing no good outcome—and privately confiding that he believed the meeting on Air Force One represented a likely obstruction of justice—quit.

If this story is correct, then it wasn’t, just, the plan to attack Mueller that caused the break (and as I said, that plan has just been outsourced to people protected by Speech and Debate clause protections). Rather, it was also a subsequent incident of clear obstruction, one done in the wake of a meeting with Vladimir Putin.

Where was McGahn the principled attorney threatening to quit rather than permit obstruction to occur for that?

Several things may be contributing to the nonsensical parts of these stories. First, it may be that a number of these people are at some risk of obstruction charges themselves. To the extent they’re all trying to spin their activities in the best light (assisted, in McGahn’s case, because he shares a lawyer with Reince Priebus and Steve Bannon), they may have to blame others for their actions.

Add in the fact that some of this testimony might be surprising to others. While McGahn, with John Dowd and Ty Cobb, presumably has the most knowledge, it’s possible he didn’t know about Sessions’ testimony (and Sessions reportedly didn’t share details of his testimony with Trump).

So I don’t know what the truth is.

I do know, however, that threatening to quit but not telling Trump about it is a funny way of changing his behavior.

Update: The CNN confirmation of this emphasizes, like the WaPo does, that McGahn didn’t threaten to quit directly. It also quotes Anthony Scaramucci saying that the attempt to fire doesn’t matter because Trump backed off the decision — so it may be that’s how the leakers (all represented by the same lawyer, William Burck — spun this).

Also consider the possibility that NewsMax CEO Chris Ruddy, who is a Mike Schmidt source and who floated Trump’s plan to fire Mueller contemporaneously as a way of trying to get him to back down, is a key source for this. It may mean that Ruddy’s stance, far more than McGahn’s, is what led Trump to back down.

The Politico version of this emphasizes Ruddy’s June stance.

In mid-June, Chris Ruddy, a close Trump friend and Mar-a-Lago member, said after a visit to the White House that he’d overheard discussion about the president considering firing Mueller.

“It could trigger something well beyond anything they ever imagined,” he told POLITICO at the time. Later that day, Ruddy told PBS NewsHour anchor Judy Woodruff that Trump was “considering perhaps terminating the special counsel.”

Ruddy added during the interview he thought it would be “a very significant mistake” to oust Mueller. He noted Mueller had interviewed with Trump to succeed Comey as FBI director, though the president later went on to appoint former Justice Department official Chris Wray to the job.

Mueller should invite Ruddy in for a chat.

Politico also quotes an attorney representing someone else suggesting that it reflects an all-man-for-himself attitude among Trump’s associates.

“It’s one more brick in the wall,” said a Washington lawyer representing another senior Trump aide in the Russia probe who added that the most interesting aspect of the Trump-Mueller story to him was that “people are leaking this shit.”

“That is a sign to me people perceive this ship has sprung a leak and it’s time to make themselves look good,” the attorney said. “To some extent I think the fact of the leaking is almost the most significant, that we’ve reached an inflection point where people at the center of things feel the need to redeem themselves at the expense of the president.”

I do think the leaking of this is significant — and may have as much to do with news of Bannon or Sessions’ testimony as anything else — but given that at least two of the people involved here (McGahn and Reince Priebus) share a lawyer, it may only represent that particular lifeboat abandoning ship.

Update: The updated WaPo version of this makes it clear that Reince Priebus and Steven Bannon were both in the loop on this.

Trump’s ire at Mueller rose to such a level that then-White House strategist Stephen K. Bannon and then-Chief of Staff Reince Priebus grew “incredibly concerned” that he was going to fire Mueller and sought to enlist others to intervene with the president, according to a Trump adviser who requested anonymity to describe private conversations.

Both of the men were deeply worried about the possibility and discussed how to keep him from making such a move, this person said.

Priebus and Bannon did not immediately respond to requests for comment.

In one meeting with other advisers, Bannon raised the concern that if Trump fired Mueller it could trigger a challenge to his presidency based on the 25th Amendment, which lays out the process of who succeeds a president in case of incapacitation.

Despite internal objections, Trump decided to assert that Mueller had unacceptable conflicts of interest and moved to remove him from his position, according to the people familiar with the discussions.

In response, McGahn said he would not remain at the White House if Trump went through with the move, according to a senior administration official.

The president, in turn, backed off.

So it seems this leakapalooza stems in part from Burck, the lawyer representing them all.

Update: As this Politico piece (linked by PINC below) notes, McGahn hired Burck in the wake of obstructing justice in the Comey firing, way before Mueller came calling.

So it wasn’t that McGahn took a principled stand in June. It’s that his lawyer told him to stop obstructing justice.

Update: CBS tells what feels like the real story. First, as noted, McGahn’s threat didn’t really make it to Trump. Indeed, the firing wasn’t really even an order. The response was more of an eye roll. And, as predicted, the other people involved were fellow Burck clients Reince Priebus and Steve Bannon.

Two sources directly involved in the deliberations tell CBS News chief White House correspondent Major Garrett that McGahn’s threat was not communicated directly to Mr. Trump, but adjudicated by senior staff, principally then-chief of staff Reince Priebus and then-chief strategist Steve Bannon.

Garrett reports that while Mr. Trump talked about firing Mueller, he never issued a direct “order” to do so in any written form, although he did say he favored it in the presence of senior staff.

[snip]

White House senior staff viewed Mr. Trump’s talk of firing Mueller skeptically, as he frequently mentioned firing people in his administration, but often quickly forgets about it.

In the Mueller instance, as in other potential firing cases, senior staff acknowledged the president with nods, but did not take action, in hopes Mr. Trump would simmer down or forget, sources tell Garrett.

Because of this, discussion of firing Mueller was not acted upon or elevated from the White House to Department of Justice.

Moreover, McGahn’s threat went beyond the Mueller firing to his own compromised position.

McGahn threatened to resign over an accumulation of stresses and frustrations with the president, rather than leaving for issues related to Mueller’s potential firing.

McGahn’s primary stress was being a “no” voice for Mr. Trump.

Suddenly, this looks not so much like McGahn heroically defending the Constitution as McGahn trying to fix a shitty work situation.

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including Vice, Motherboard, the Nation, the Atlantic, Al Jazeera, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse in Grand Rapids, MI.

Mark Corallo’s Obstruction Concerns: “The President…did not attend the meeting.”

Mark Corallo reportedly told Michael Wolff that he quit working for Donald Trump as Marc Kasowitz’ spokesperson because he believed the Air Force One response to the June  9 meeting to be a cover-up.

An aggrieved, unyielding, and threatening president dominated the discussion, pushing into line his daughter and her husband, Hicks, and Raffel. Kasowitz—the lawyer whose specific job was to keep Trump at arm’s length from Russian-related matters—was kept on hold on the phone for an hour and then not put through. The president insisted that the meeting in Trump Tower was purely and simply about Russian adoption policy. That’s what was discussed, period. Period. Even though it was likely, if not certain, that the Times had the incriminating email chain—in fact, it was quite possible that Jared and Ivanka and the lawyers knew the Times had this email chain—the president ordered that no one should let on to the more problematic discussion about Hillary Clinton.

[snip]

In Washington, Kasowitz and the legal team’s spokesperson, Mark Corallo, weren’t informed of either the Times article or the plan for how to respond to it until Don Jr.’s initial statement went out just before the story broke that Saturday.

[snip]

Mark Corallo was instructed not to speak to the press, indeed not to even answer his phone. Later that week, Corallo, seeing no good outcome—and privately confiding that he believed the meeting on Air Force One represented a likely obstruction of justice—quit.

Though as the book makes clear, Trump’s handling (which came just after spending an hour speaking with Vladimir Putin with no minders) of the June 9 meeting story is also what led Kasowitz to leave — both parts of a legal firewall that Steve Bannon had personally put in place.

Given my increasing suspicion that there was a second part of the meeting that has not yet been made public and Bannon’s claim — one Stephen Miller spent 12 minutes not denying over the weekend — that there was no chance that Trump wasn’t part of the meeting, I want to look more closely at the things Corallo said before he was silenced, before the former DOJ spox left out of concerns real obstruction of justice had just occurred.

Here’s some of what appeared in the first NYT story on the June 9 meeting, including a Mark Corallo statement that got repeated elsewhere.

In his statement, Donald Trump Jr. said: “It was a short introductory meeting. I asked Jared and Paul to stop by. We primarily discussed a program about the adoption of Russian children that was active and popular with American families years ago and was since ended by the Russian government, but it was not a campaign issue at the time and there was no follow up.”

He added: “I was asked to attend the meeting by an acquaintance, but was not told the name of the person I would be meeting with beforehand.”

Late Saturday, Mark Corallo, a spokesman for the president’s lawyer, issued a statement implying that the meeting was a setup. Ms. Veselnitskaya and the translator who accompanied her to the meeting “misrepresented who they were,” it said.

In an interview, Mr. Corallo explained that Ms. Veselnitskaya, in her anti-Magnitsky campaign, employs a private investigator whose firm, Fusion GPS, produced an intelligence dossier that contained unproven allegations against the president. In a statement, the firm said, “Fusion GPS learned about this meeting from news reports and had no prior knowledge of it. Any claim that Fusion GPS arranged or facilitated this meeting in any way is false.”

That’s interesting enough, because it piggy backs on the larger efforts to treat the dossier as the sole basis for the Russian investigation, and more importantly because it focuses on Natalia Veselitskaya and Rinat Akhmetshin, and not Ike Kaveladze and Rob Goldstone — whom I increasingly suspect stuck around for a second part of the meeting.

If there were two parts to this meeting, then Corallo’s statement and NYT interview addressed just one part of it.

But that’s not the last thing Corallo did that week, before leaving.

He also released this statement to the AP and others.

Mark Corallo, a spokesman for Trump’s legal team, said only, “The President was not aware of and did not attend the meeting.”

The guy who left the White House out of concern about obstruction of justice that very same week, the guy whom Steve Bannon (he who was sure that Trump did meet the meeting attendees) as a firewall in the Russia investigation, denied that Trump had been at the meeting.

The last words Corallo said before leaving out of concerns about obstruction of justice were that Trump did not attend the meeting.

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including Vice, Motherboard, the Nation, the Atlantic, Al Jazeera, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse in Grand Rapids, MI.

Trumpnami: Good Luck Staying Ahead of That

That‘ — I can’t even come up with a family-friendly term for the tsunami of crap Trump set in motion this week.

The New York Times’ three-reporter interview with Trump had already generated heavy surf Wednesday and Thursday. The amount of insanity packed in one summary article and published excerpts, combined with problematic journalistic methodology, agitated a massive undertow.

Last evening, the Washington Post reported that Trump has asked his attorneys about the limits of presidential pardons while they look for ways to undermine the legitimacy of Robert Mueller’s Russia investigation.

We also learned Mark Corallo left Team Trump.

Ditto attorney Marc Kasowitz, though depending on who you read, he’s either ‘left’ or taken a ‘lesser role’.

That’s just last night.

Sandwiched between NYT’s one-two punch and last night’s WaPo piece are pieces sure to increase pressure.

Like Bloomberg’s report that Mueller is looking into Trump’s business transactions.

(Side note: I have a problem with Bloomberg’s piece in particular as it claims the stock market responded negatively to the reporting about Trump. Really? There’s nothing else going on, like news about Apple, Netflix, Musk’s Boring, skittishness ahead of GE’s earnings, Carrier’s layoffs, so on, which might concern the market? Oh, Exxon‘s little hand slap…right. Nah.)

I don’t know how we stay ahead of this wave. But after learning

— Trump wouldn’t have nominated Sen. Jeff Sessions to attorney general if he’d known in advance Sessions would recuse himself;

— Trump thinks Mueller investigating his family’s finances is too far;

— Less than 179 days in office, Trump was already considering the use of presidential pardons for family;

it’s time to ask Congress to revisit the independence of special counsel under the Ethics in Government Act of 1978 to assure Mueller’s investigation is completely out of reach of the White House and its compromised attorney general. As the law addressing the special counsel currently exists, the role remains under the purview of the attorney general. This is increasingly problematic, given Trump’s statements about Sessions’ recusal, which may be construed as a form of intimidation.

Yeah, yeah, Scalia thought the independent counsel was an overreaching breach between the legislative and executive branches. But Scalia likely never foresaw this level of insanity, stupidity, and criminality in the White House, combined with an utterly flaccid majority party, either complicit or unwilling to perform oversight within its powers and purpose. In his dissent of Morrison v. Olson, Scalia wrote,

It is the proud boast of our democracy that we have “a government of laws and not of men.” …

What happens when the executive office ignores or violates laws, and Congress turns a blind eye? What backstop is there to assure the ‘government of laws’ continues to execute the law in spite of the failure of men charged with creating and upholding the laws?

Commenting on a tweet by former Eric Holder, former Justice Department spokesperson Matthew Miller tweeted last night,

“Yep. These leaks are partially intended to test the boundaries of what he can get away with. Like w/ Comey firing, silence is acquiescence.” [bold mine]

It’s not on Congress alone, though, to hold fast the boundaries on executive power. It’s on citizens to demand Congress demonstrate limits as representatives of the people.

By the way, to reach Congress call the U.S. Capitol switchboard at: 202-224-3121

As mentioned in the blurb, this is an open thread.

Blogger since 2002, political activist since 2003, geek since birth. Opinions informed by mixed-race, multi-ethnic, cis-female condition, further shaped by kind friends of all persuasions. Sci-tech frenemy, wannabe artist, decent cook, determined author, successful troublemaker. Mother of invention and two excessively smart-assed young adult kids. Attended School of Hard Knocks; Rather Unfortunate Smallish Private Business School in Midwest; Affordable Mid-State Community College w/evening classes. Self-employed at Tiny Consulting Business; previously at Large-ish Chemical Company with HQ in Midwest in multiple marginalizing corporate drone roles, and at Rather Big IT Service Provider as a project manager, preceded by a motley assortment of gigs before the gig economy was a thing. Blogging experience includes a personal blog at the original blogs.salon.com, managing editor for a state-based news site, and a stint at Firedoglake before landing here at emptywheel as technology’s less-virginal-but-still-accursed Cassandra.

Akhmetshin’s Involvement and the Trump Dossier

Over the course of the slow reveal of details about the meeting Don Jr., Jared Kushner, and Paul Manafort had on June 9, 2016 with Natalia Veselnitskaya, the focus has rightly been on the changing stories of the initially identified players.

It was about adoption, maybe she made some vague statements, oh yeah, those vague statements were oppo research, yes, yes, here are the emails showing that oppo research came from an affirmative effort in Russia to elect Dad, how can a ‘good boy‘ be expected to remember all the Russians involved in a meeting? Don Jr. blathered until, perhaps, his newly-hired lawyer shut him up.

I have no ties to the Russian government, I had no damaging information and if I did I had no intention of leaving it, well, maybe I did get information directly from a top Russian prosecutor, explained Veselnitskaya over the course of the week.

I accidentally hit send, I met with no foreigners, maybe there were Russians, but not Veselnitskaya, oh yeah, maybe her too, my lawyers told Pop’s lawyers, well maybe I never got around to mentioning it to him personally, the tale of Kushner’s difficulties identifying all the Russians he met with evolved over the week, at which point Jamie Gorelick removed herself from any responsibility criminally defending the guy.

All of which climaxed in the news that former Russian intelligence officer Rinat Akhmetshin and accused (before the accusation was withdrawn) hacker also attended the meeting.

Akhmetshin has boasted to associates that he had served in the military with a group known as the Osoby Otdel, or Special Section, which in the Soviet period was a division of the K.G.B. The group was distinct from the G.R.U., or Main Intelligence Directorate of the defense ministry, an organization with which he has denied any affiliation.

[snip]

The Justice Department contacted Mr. Akhmetshin in March and asked him why he did not register his work for the nonprofit group under the Foreign Agent Registration Act, which requires anyone who lobbies in the United States on behalf of foreign interests to disclose their work to the Justice Department. Mr. Akhmetshin responded to the Justice Department in April, saying he had properly registered under congressional lobbying rules.

In 2015, International Mineral Resources, a mining company based in the Netherlands, accused Mr. Akhmetshin of hacking into its computer systems, stealing confidential information and unlawfully disseminating it as part of a smear campaign orchestrated by a rival Russian mining firm.

All of which, given that the meeting took place a week before hacked emails started coming out, sure makes it look like the principals were deliberately hiding Akhmetshin’s participation in the meeting, though Akhmetshin claims he got pulled into the meeting that day, still wearing his jeans and t-shirt.

He said he had learned about the meeting only that day when Veselnitskaya asked him to attend. He said he showed up in jeans and a T-shirt.

Given all these changing stories and what they might hide I’d like to return to Don Sr.’s initial response. Way back on Sunday, the spox for Trump’s lawyers (who reportedly had known of these emails for three weeks) claimed the meeting had been a set-up by the same intelligence firm, Fusion GPS, that put together the Trump dossier.

“We have learned from both our own investigation and public reports that the participants in the meeting misrepresented who they were and who they worked for,” Mark Corallo, spokesperson for Trump’s outside counsel, said in a statement released a few hours after the original New York Times story published.

“Specifically, we have learned that the person who sought the meeting is associated with Fusion GPS, a firm which according to public reports, was retained by Democratic operatives to develop opposition research on the president and which commissioned the phony Steele dossier,” Corallo continued, referring to the strategic intelligence firm hired by anti-Trump Republicans, then by Democrats, to do opposition research on the candidate.

(Fusion GPS eventually retained former MI-6 agent Christopher Steele to research potential connections between Trump and Russia, an investigation that resulted in a dossier that alleged financial, political, and personal connections between the then-president-elect and the Kremlin—a dossier that Trump’s communications team might have preferred to go unmentioned.)

“These developments raise serious issues as to exactly who authorized and participated in any effort by Russian nationals to influence our election in any manner,” Corallo concluded.

Even as all this was happening, Chuck Grassley released a testimony list suggesting the head of Fusion GPS, Glenn Simpson, would testify aside the key player accusing Akhmetshin of unlawfully lobbying for Russia, William Browder. But Simpson continues, as he started in June, to refuse to testify willingly.

The insinuation this meeting was all a set-up by a Clinton-surrogate was absolutely a cheap attempt, worthy of Corallo, to flip this story. But as I said earlier in this week, it’s more clever than first assumed. As I noted, a full eleven days after the meeting (and five days after the first stolen documents appeared), Fusion was still presenting conflicting details about whether Russian-derived Clinton dirt had been shared with Trump’s campaign, ultimately claiming, however, that it hadn’t.

The report, dated 11 days after the Veselnitskaya meeting, states that the Kremlin has a dossier on Clinton, but that it has not as yet been distributed abroad.

That claim is seemingly contradicted by the claims of Source A (a senior Russian Foreign Ministry figure) and Source D. Indeed, Source D appears to have claimed, in June, that dirt from Russia was helpful.

Ultimately, though, the memo seems to credit Source B, “a former top level Russian intelligence officer” and Source G, a senior Kremlin official, who said the dossier, attributed here to the FSB, had not yet been shared with Trump or anyone else in America.

Consider: First, Akhmetshin himself qualifies as a former intelligence officer (though it’s not clear how senior he was). He might have reason to deny that intelligence he tried to pass was the intelligence in question. And he’d likely be right, given that the Clinton dossier was purportedly a FSB, not a GRU, product. But it’s even possible that he didn’t want Hillary to know that he or a colleague was dealing dirt, however bad.

Nevertheless, the senior-most Russian quoted in the dossier compiled for Hillary Clinton claimed — and Steele appears to have believed — that Russia’s dirt on Hillary Clinton had not yet been released.

As I noted (and others have expanded elsewhere) some of these sources could be people who attended the meeting, particularly once we learn which Agalarov was involved and how closely.

It is definitely cheap to suggest that having three principals from Trump’s campaign meet with Russians claiming to represent the wishes of the Russian government is just an opposition plot invented by a Hillary surrogate. But the feedback loop within Fusion and the narrow circle of key Russian sources on Trump’s campaign is definitely worth considering.

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including Vice, Motherboard, the Nation, the Atlantic, Al Jazeera, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse in Grand Rapids, MI.