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On the Breadcrumbs Suggesting Feds Flipped Reza Zarrab

In response to last week’s WSJ story on Mike Flynn’s sustained discussions about helping Turkey kidnap Fethullah Gulen, I suggested the far more interesting detail was his involvement in brokering a deal for Reza Zarrab, a Turk accused of laundering gold to benefit Iran. That’s because, in addition to any taint of a quid pro quo, it also implicated Trump’s decision to fire Preet Bharara.

Mostly, the focus has been on the kidnapping part of the story (perhaps, in part, because Republicans tried to attack James Woolsey for his involvement in it a few weeks back). But, because of the timeline, I think the far more interesting side of it is the inclusion of a deal on the Reza Zarrab prosecution — because that implicates Trump’s decision to fire Preet Bharara, substantiating a parallel case to his firing of Jim Comey.

[snip]

Here’s what the timeline looks like:

November 30: Trump tells Preet he can stay

Mid-December: Flynn has meeting discussing $15 million payoff for doing Turkey’s bidding

March 7: Flynn submits delated FARA registration ending in November

March 11: Trump fires Preet

Given Sessions’ confusion about whether he was really involved in that decision, I would bet there’s a paper trail showing he provided, as he did for the Comey firing, cover for a decision that had already been made.

Today, the Daily Beast has a piece suggesting (albeit backed by a long series of no comments from lawyers) that the Feds may have flipped Zarrab.

Mueller is reportedly looking at a December meeting blocks from Trump Tower where Michael Flynn—shortly before Trump became president and named him national security adviser—was reportedly offered upward of $15 million if he could help Turkey win the extradition of cleric Fethullah Gülen as well as the release of gold trader Reza Zarrab.

Now it appears Zarrab, whose trial for allegedly cheating U.S. sanctions by facilitating gold-for-gas deals between Turkey and Iran is scheduled to begin in just days, may be working with federal prosecutors.

Last month, lawyers for his co-defendant, bank manager Mehmet Atilla, remarked sardonically in court filings that Zarrab, the man at the root of the charges facing their client, had all but vanished, and it seemed “likely that Mr. Atilla will be the only defendant appearing at trial.”

It’s a reasonable suggestion. And one other bread crumb might support it: the tidbit that Mueller’s team added a prosecutor last week, who remains unnamed.

Mueller’s work isn’t just confined to his team of prosecutors, which special counsel spokesman Peter Carr said grew last week to 17 with the addition of an unnamed lawyer.

Zarrab was removed from BOP custody on Wednesday November 8, so the same week that this unnamed additional prosecutor was added to the team.

Mind you, it’s not clear how much Zarrab — who was in jail for the period of the alleged meetings — would know about Flynn’s involvement in any proposed deals. He would, however, know what his lawyers Rudy 9/11 and Michael Mukasey had claimed about such deals.

Of course, it’s also possible he was flipped on someone else, like other officials in the Turkish government, or that something else explains the move.

That said, the prosecutors from SDNY would surely be quite interested in exacting some kind of price for Preet’s abrupt removal, and Zarrab might provide the way to do that.

Update: There has always been confusion about whether Michael (the former AG) or Marc (his son) was the lawyer who weighed in for Zarrab, which continues (as Jim notes). It was Michael, not Marc. I’ve corrected this post accordingly.

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.

Mueller’s Watergate Prosecutor Is Liaising with the White House Lawyers, and Other Tidbits on Mueller’s Org Chart

Earlier this month, I explored what the organization exposed by the first court filings in the Mueller investigation showed. Politico has a version of the same analysis today that adds some more interesting details.

What ought to be the headline details is that the prosecutor on Mueller’s team who worked on Watergate, James Quarles, is the one liaising with White House lawyers.

Mueller’s liaison to the White House is James Quarles, a former Watergate prosecutor who has helped arrange an ongoing series of interviews with current and former Trump aides. Quarles was involved in the questioning of former press secretary Sean Spicer during a daylong interview last month, according to a person with knowledge of the interview, and he’s a primary point of contact for Trump’s personal attorney, John Dowd, as well as Ty Cobb, the lead White House lawyer handling the Russia investigation.

That seems like worthwhile symbolism.

The article describes who is leading the investigation into Mike Flynn.

And at the center of the investigation into Flynn is Jeannie Rhee, a former Obama-era deputy assistant attorney general who most recently worked with Mueller at the WilmerHale law firm — and whose name has so far appeared only on publicly available court documents relating to the guilty plea of former Trump campaign adviser George Papadopoulos. Assisting Rhee on the Flynn case is Zainab Ahmad, an assistant U.S. attorney from New York with a specialty in prosecuting and collecting evidence in international criminal and terrorism cases — and whose name hasn’t yet appeared in Russia-related court filings at all.

I find it curious that Rhee has been involved in the Papadopoulos plea, given that there’s no sign that links up to Flynn. And I’m just as curious that Ahmad (who, as I noted, is a specialist in trying foreigners brought into the US) is on that team. Are there more Turks that will be brought in on the Flynn investigation? This passage doesn’t mention Brandon Van Grack (it later describes Van Grack’s role in Papadopoulos’ arraignment back in July, without explaining that that’s pretty clearly because he’s used to the court house in Alexandria, where Papadopoulos was arraigned), though I assume he’s still on that team.

Finally, the piece notes that Mueller added another prosecutor (it says there are currently 17 prosecutors, which may mean he has added two). Though unlike with all the other prosecutors on the team, Mueller’s not telling who this one is.

Mueller’s work isn’t just confined to his team of prosecutors, which special counsel spokesman Peter Carr said grew last week to 17 with the addition of an unnamed lawyer.

That may mean some other case just got deemed related to Mueller’s, but it’s one that he doesn’t want to reveal has been connected yet.

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.

Fifteen Years Fighting the War on Terror Would Have Inured Mike Flynn to Kidnapping

As the Wall Street Journal reported this morning, in December 2016, Mike Flynn had a second meeting with representatives of Turkey to discuss a plan to help them kidnap Fethullah Gulen.

Federal Bureau of Investigation agents have asked at least four individuals about a meeting in mid-December at the ‘21’ Club in New York City, where Mr. Flynn and representatives of the Turkish government discussed removing Mr. Gulen, according to people with knowledge of the FBI’s inquiries. The discussions allegedly involved the possibility of transporting Mr. Gulen on a private jet to the Turkish prison island of Imrali, according to one of the people who has spoken to the FBI.

The report has led to some gleeful hand-wringing (and, as always, baby cannon eruptions) from interesting quarters.

For those of us who have opposed the US practice of extraordinary rendition, sure, the notion that Flynn would work with a foreign country to assist in the illegal kidnapping of someone that country considered a terrorist does seem outrageous. But for those who, not so long ago, worried that counterterrorism success might lead us to eschew things like extraordinary rendition, I’m not sure I understand the hand-wringing.

Yet the more effectively we conduct counterterrorism, the more plausible disbelief becomes and the more uncomfortable we grow with policies like noncriminal detention, aggressive interrogation, and extraordinary rendition. The more we convince ourselves that the Devil doesn’t really exist, the less willing we are to use those tools, and we begin reining them in or eschewing them entirely. And we let the Devil walk out of the room.

Especially not when you consider Mike Flynn’s service to the country. For fourteen years, Flynn played a key role in counterterrorism policy, serving in an intelligence role in Afghanistan when we were paying Pakistan bounties just to have enough Arabs to fill Gitmo, serving as Director of Intelligence for JSOC for some of the bloodiest years of the Iraq War, then serving in another intelligence role in Afghanistan during a period when the US was handing prisoners off to Afghanistan to be tortured.

That’s what two presidents, one a Nobel Prize winner, and another increasingly rehabilitated, asked Mike Flynn to do. And in that role, I have no doubt, he was privy to — if not directly in the chain of command — a whole lot of legally dubious kidnapping, including from countries with respectable institutions of law. (In related news, see this report on MI6 and CIA cooperation with Gaddafi, including kidnapping, after 9/11.)

So having spent 14 years kidnapping for the United States, why is it so odd that Flynn would consider it acceptable to help one of our allies in turn, to help them kidnap the kinds of clerics we ourselves have targeted as terrorists.

There is, of course, something different here: the suggestion that Flynn and his son might profit mightily off the arrangement, to the tune of $15 million.

Under the alleged proposal, Mr. Flynn and his son, Michael Flynn Jr., were to be paid as much as $15 million for delivering Fethullah Gulen to the Turkish government, according to people with knowledge of discussions Mr. Flynn had with Turkish representatives. President Recep Tayyip Erdogan, who has pressed the U.S. to extradite him, views the cleric as a political enemy.

But even the notion of bribery to facilitate human rights abuses is not something the US forgoes. One of the biggest disclosures from the SSCI Torture Report, for example, is how the Bush Administration worked to bribe other countries to let us build torture facilities in their countries.

The buddies of those now scolding such arrangements were part of that bribery operation.

The big question with Flynn is whether the similar bribe for this kidnapping operation would have been different from those under the table bribes we paid for our torture facilities. Did they go into the countries’ populace, or did they get pocketed by the national security officials doing the dirty deeds?

I actually don’t mean it to be a gotcha — though I would sure appreciate a little less hypocritical squeamishness from those who elsewhere view such irregular operations as the cost of keeping the country safe (as Erdogan claims to believe to be the case here).

Rather, I raise it to suggest that Mike Flynn knows where the bodies are buried every bit as much as David Petraeus did, when he was facing a criminal prosecution to which the best response was graymail. Flynn surely could demand records of any number of kidnapping operations the United States carried out, and he might well be able to point to bribes paid to make them happen, if Robert Mueller were to charge him for this stuff. It’s different, absolutely, that it happened on US soil. It may (or may not be) different that an individual decided to enrich himself for this stuff.

But this is the kind of thing — Mike Flynn knows well — that the US does do, and that certain hawks have in the past believed to be acceptable.

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.

The Flynn-Turkey Deal Raises the Obstruction Stakes for the Preet Bharara Firing

Twitter is abuzz this morning with the WSJ story (this is the NBC version of it; here’s a paywall free link) that Mike Flynn and his spawn hoped to make up to $15 million for kidnapping Fethullah Gulen and delivering him to Turkey.

Investigators for Special Counsel Robert Mueller’s probe into Russia’s interference with the U.S. presidential election recently questioned witnesses about the alleged December 2016 meeting between Flynn and senior Turkish officials, two people knowledgeable with the interviews said. The questions were part of a line of inquiry regarding Flynn’s lobbying efforts on behalf of Turkey.

Mueller’s investigation into Flynn’s potential deal with Turkey was first reported by The Wall Street Journal.

Four people familiar with the investigation said Mueller is looking into whether Flynn discussed in the late December meeting orchestrating the return to Turkey of a chief rival of Turkish President Recep Erdogan who lives in the U.S. Additionally, three people familiar with the probe said investigators are examining whether Flynn and other participants discussed a way to free a Turkish-Iranian gold trader, Reza Zarrab, who is jailed in the U.S. Zarrab is facing federal charges that he helped Iran skirt U.S. sanctions.

The story has already been told; what’s new about this iteration of it is the eye-popping pay-off, as well as more details about the timing and location of a second meeting.

The meeting allegedly took place at the upscale 21 Club restaurant in New York, just blocks always from Trump Tower where Flynn was serving on the presidential transition team. Flynn was offered upwards of $15 million, to be paid directly or indirectly, if he could complete the deal, according to two sources familiar with the meeting.

Mostly, the focus has been on the kidnapping part of the story (perhaps, in part, because Republicans tried to attack James Woolsey for his involvement in it a few weeks back). But, because of the timeline, I think the far more interesting side of it is the inclusion of a deal on the Reza Zarrab prosecution — because that implicates Trump’s decision to fire Preet Bharara, substantiating a parallel case to his firing of Jim Comey.

As noted, SDNY is prosecuting Zarrab for laundering Turkish gold into Iranian coffers. Rudy Giuliani and Michael Mukasey are representing Zarrab, with Giuliani going so far as brokering a deal that would trade foreign policy cooperation for Zarrab’s release even while defying pressure from DOJ about explaining his role in it. Because the case implicates Recep Tayyip Erdogan personally, the impending trial has led to increasing diplomatic tensions with Turkey.

By November 30, Trump assured Preet, as he did Comey, that he would stay on in the Trump Administration. But that changed when, in March, Trump unexpectedly asked for the resignation of almost all US Attorneys. Preet forced the issue and made Trump fire him; early reports suggested Marc Mukasey might replace Preet. Since then, Jeff Sessions has struggled to explain his own role in the firing, which could be an important element to proving the reasons behind it. In the same hearing, it came out that Trump has personally interviewed potential successors for Preet.

In the wake of the Preet firing, those watching closely honed in on the connection between increasing scrutiny on Flynn’s ties with Turkey and the firing.

There’s another reason we should all be alarmed by the unceremonious firing of Preet Bharara, outgoing U.S. attorney for the Southern District of New York.

Bharara is presently involved in a case against Reza Zarrab, a dual Iranian-Turkish national accused of violating U.S. sanctions against Iran. Investigators initially focused on Zarrab’s sanctions evasion. They then discovered that Zarrab was in close contact with Turkey’s President Tayyip Erdogan, who used Illicit funds to provide weapons, financing and logistics for jihadi groups in Syria including ISIS.

Bharara has a reputation as a non-partisan professional. He is known for independence and resisting direction, which led to tensions with the Justice Department and the U.S. Department of State.

As it happens, Bharara’s dismissal occurred the same day [actually Flynn filed his FARA registration on March 7] former National Security Adviser Gen. Michael Flynn admitted to obscuring ties with Turkish interests in violation of the Foreign Agent Registration Act. Bharara’s dismissal also occurred in the wake of recent contact between Berat Albayrak, Erdogan’s son-in-law, and Jared Kushner.

What this story provides is — like the Comey firing and not coincidentally also tied to Mike Flynn’s actions — important timing. In November, Trump promised to keep Preet. In December, Flynn continued his discussions with the Turks. In March, just after DOJ started forcing Flynn to reveal details about his work for Turkey, Trump reneged on his promise to Preet and — in the guise of firing everyone — fired Preet.

Here’s what the timeline looks like:

November 30: Trump tells Preet he can stay

Mid-December: Flynn has meeting discussing $15 million payoff for doing Turkey’s bidding

March 7: Flynn submits delated FARA registration ending in November

March 11: Trump fires Preet

Given Sessions’ confusion about whether he was really involved in that decision, I would bet there’s a paper trail showing he provided, as he did for the Comey firing, cover for a decision that had already been made.

The one other important detail of this story, which follows on stories from yesterday, is that Mueller has implicated Flynn Jr in this deal. That reportedly is already making Flynn Sr consider pleading, to protect his son.

But if he does that, he may be forced to disclose how closely Trump was involved in these discussions to sell US policy to Turkey to enrich a staffer.

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.

The Boente Resignation and the Reported Charge[s]/Indictment[s]

Back in May, I argued (based on the since proven incorrect assumption that Deputy Attorney General Rod Rosenstein would be unlikely to hire a non-DOJ employee like Robert Mueller as Special Counsel), Dana Boente might be the best solution to investigate the Comey firing.

[T]here’s no reason to believe he isn’t pursuing the investigation (both investigations, into Wikileaks and Trump’s associates) with real vigor. He is a hard ass prosecutor and if that’s what you want that’s what you’d get. His grand jury pool is likely to be full of people with national security backgrounds or at least a predisposition to be hawks.

But — for better and worse — Boente actually has more power than a Special Counsel would have (and more power than Fitz had for the Plame investigation), because he is also in charge of NSD, doing things like approving FISA orders on suspected Russian agents. I think there are problems with that, particularly in the case of a possible Wikileaks prosecution. But if you want concentrated power, Boente is a better option than any AUSA. With the added benefit that he’s The Last USA, which commands some real respect.

Yesterday, at about 6:30, WaPo reported Boente’s resignation. An hour or so later, CNN first reported that Robert Mueller has approved charges against at least one person who might be arrested on Monday. Not long after that, former DOJ spox Matt Miller revealed that Boente told friends this week he was looking forward to returning full time to his US Attorney post after John Demers takes over as the confirmed Assistant Attorney General for National Security.

Miller assumes that means Boente was forced out, rather than chose to announce his departure — he’ll stay until someone is confirmed in his place — after some things he started (such as the investigation into Mike Flynn) are coming to closure.

I don’t believe, contrary to what Rachel Maddow has floated, that Boente is stepping down solely or primarily to be a witness. Mueller already has a list of people who witnessed Trump’s obstruction. He doesn’t need Boente and he’d be better off with Boente at the helm of related investigations than sitting before a grand jury.

So if Boente was forced out, it suggests the charges announced have led to a Trump decision to get rid of Boente, perhaps yet another person he believed would protect him or his close associates.

Or perhaps there’s this. I pointed out two weeks ago that an 2002 OLC memo (one interpreting language that Viet Dinh, who’s a tangential player in this whole affair, wrote) held that the President could order lawyers to share grand jury information with him.

July 22, 2002, memo from the Justice Department’s Office of Legal Counsel, written by Jay Bybee, the author of the infamous torture memos, held that, under the statute, the president could get grand jury information without the usual notice to the district court. It also found that the president could delegate such sharing without requiring a written order that would memorialize the delegation.

Bybee’s memo relies on and reaffirms several earlier memos. It specifically approves two rationales for sharing grand jury information with the president that would be applicable to the Russian investigation. A 1997 memo imagined that the president might get grand jury information “in a case where the integrity or loyalty of a presidential appointee holding an important and sensitive post was implicated by the grand jury investigation.” And a 2000 memo imagined that the president might need to “obtain grand jury information relevant to the exercise of his pardon authority.”

If you set aside Trump’s own role in obstructing the investigation—including the firing of former FBI Director James Comey—these rationales are defensible in certain cases. In fact, the Justice Department has already shared information (though not from a grand jury) with the White House for one of these very reasons. In January, acting Attorney General Sally Yates warned White House Counsel Don McGahn that Russians might be able to blackmail then-National Security Advisor Mike Flynn. As Yates explained in her congressional testimony in May, after Flynn’s interview with the FBI, “We felt that it was important to get this information to the White House as quickly as possible.” She shared it so the White House could consider firing Flynn: “I remember that Mr. McGahn asked me whether or not General Flynn should be fired, and I told him that that really wasn’t our call, that was up to them, but that we were giving them this information so that they could take action.”

A similar situation might occur now that the investigation has moved to a grand jury investigation, if someone remaining in the White House—the most likely candidate is the president’s son-in-law, Jared Kushner—were found to be compromised by Russian intelligence. In Kushner’s case, there are clear hints that he has been compromised, such as when he asked to set up a back channel with the Russians during the transition.

If Trump were to rely on the memo, he might order a Justice Department lawyer to tell him what evidence Mueller had against Kushner, or whether Mike Flynn or former campaign manager Paul Manafort were preparing to cooperate with Mueller’s prosecutors if they didn’t get an immediate pardon. Unlike Yates, Trump would have an incentive to use such information to undercut the investigation into Russia’s meddling.

I argued in that piece that those who currently have visibility onto the investigation — Rod Rosenstein and Boente — would be unlikely to share such information.

But that doesn’t prevent Trump (or Sessions, on his behalf) from asking.

So one possibility is that — as things move towards the next volatile state of affairs — Trump asked Boente to do something he refused.

Update: CNN had the Boente story mid-afternoon, and they say the resignation was long planned. Which may mean the indictment yesterday was something (or things) he had been working on at EDVA for some time.

Update: NBC has yet more conflicting details, reporting that Jeff Sessions’ Chief of Staff told Boente on Wednesday he should submit his resignation so Trump can start the replacement process.

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.

Cambridge Analytica and the Hillary Emails

Update: I made an error in this post: WSJ has made it clear the emails in question were the DNC emails, not the Hillary ones. I’ve deleted the parts that are inaccurate accordingly.

For some time, I have been interested in the many pieces of evidence that, partly as a result of late GOP ratfucker Peter Smith’s efforts, Julian Assange ended up with something approximating Hillary Clinton’s deleted emails. We know Smith alleged Mike Flynn was involved in the effort. Weev and Chuck Johnson were involved. There are reasons to believe Roger Stone was involved in the effort. And there are reasons to believe Guccifer 2.0 was involved in the effort.

Plus, everyone from Stone to Attorney General Sessions (who “did not recall” whether he had spoken to Russians about email in his SJC testimony) seems to be ignoring that part of the scandal in their denials of colluding with Russians.

And now, Cambridge Analytica — the data firm paid for by far right wing oligarch Bob Mercer that played a big role in getting Trump elected — is involved in it.

The DailyBeast reports that Congressional investigators have found an email from CA head Alexander Nix to some unnamed person (Trump’s digital director Brad Parscale was interviewed by HPSCI yesterday) saying he offered to help Assange with the project.

Nix, who heads Cambridge Analytica, told a third party that he reached out to Assange about his firm somehow helping the WikiLeaks editor release Clinton’s missing emails, according to two sources familiar with a congressional investigation into interactions between Trump associates and the Kremlin. Those sources also relayed that, according to Nix’s email, Assange told the Cambridge Analytica CEO that he didn’t want his help, and preferred to do the work on his own.

Assange, who insists he never says anything to compromise sources, released his own statement saying he rejected the help.

After publication, Assange provided this statement to The Daily Beast: ”We can confirm an approach by Cambridge Analytica and can confirm that it was rejected by WikiLeaks.”

Remember, Stone told the Russian hackers he was soliciting that, allegedly because he couldn’t verify the authenticity of any emails obtained from hackers, they should turn them over to Assange. And both the Nix email and the Assange denial seem to admit that WikiLeaks did, indeed, receive at least one set of those emails. Which would explain why Roger Stone was so certain WikiLeaks was going to drop Clinton Foundation emails — not the Podesta ones that Stone showed no interest in — in October of last year. And it would seem to explain why Guccifer 2.0 had the same belief.

That is, there are a whole bunch of dots suggesting WikiLeaks got something approximating Clinton’s emails, and either because they couldn’t be verified, or because his source was too obviously Russian, or some other unknown reason, he decided not to publish.

If that’s right, all these non-denial denials about the operation seem to point to a confluence of interest around this effort that touched pretty much everyone. And involved Russians, their agents, and GOP ratfuckers willfully working together.

Update: The Trump campaign just did some amazing bus under-throwing of CA. Compare that to this November 10 piece attributing their win to CA.

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 Trump Could Install a Mole in the Mueller Inquiry

For six years, I’ve been working to raise attention to a 2002 OLC memo that authorized the sharing of grand jury information with the President with no notice to the district court. In the New Republic, I talk about how Trump might be able to use it to order a DOJ lawyer to spy on the Mueller grand jury.

July 22, 2002, memo from the Justice Department’s Office of Legal Counsel, written by Jay Bybee, the author of the infamous torture memos, held that, under the statute, the president could get grand jury information without the usual notice to the district court. It also found that the president could delegate such sharing without requiring a written order that would memorialize the delegation.

Bybee’s memo relies on and reaffirms several earlier memos. It specifically approves two rationales for sharing grand jury information with the president that would be applicable to the Russian investigation. A 1997 memo imagined that the president might get grand jury information “in a case where the integrity or loyalty of a presidential appointee holding an important and sensitive post was implicated by the grand jury investigation.” And a 2000 memo imagined that the president might need to “obtain grand jury information relevant to the exercise of his pardon authority.”

If you set aside Trump’s own role in obstructing the investigation—including the firing of former FBI Director James Comey—these rationales are defensible in certain cases. In fact, the Justice Department has already shared information (though not from a grand jury) with the White House for one of these very reasons. In January, acting Attorney General Sally Yates warned White House Counsel Don McGahn that Russians might be able to blackmail then-National Security Advisor Mike Flynn. As Yates explained in her congressional testimony in May, after Flynn’s interview with the FBI, “We felt that it was important to get this information to the White House as quickly as possible.” She shared it so the White House could consider firing Flynn: “I remember that Mr. McGahn asked me whether or not General Flynn should be fired, and I told him that that really wasn’t our call, that was up to them, but that we were giving them this information so that they could take action.”

A similar situation might occur now that the investigation has moved to a grand jury investigation, if someone remaining in the White House—the most likely candidate is the president’s son-in-law, Jared Kushner—were found to be compromised by Russian intelligence. In Kushner’s case, there are clear hints that he has been compromised, such as when he asked to set up a back channel with the Russians during the transition.

If Trump were to rely on the memo, he might order a Justice Department lawyer to tell him what evidence Mueller had against Kushner, or whether Mike Flynn or former campaign manager Paul Manafort were preparing to cooperate with Mueller’s prosecutors if they didn’t get an immediate pardon. Unlike Yates, Trump would have an incentive to use such information to undercut the investigation into Russia’s meddling.

I point out that Trump’s partisan nominee to be Assistant Attorney General for Criminal Division, Brian Benczkowski, would be far more likely to share such information than the career prosecutors that currently have visibility onto the investigation (Benczkowski has refused to recuse from the Russian investigation, but has promised to follow ethical guidelines at DOJ).

One thing didn’t make the cut, though it’s a key reason why I think it possible someone is trying to use this precedent to provide Trump with a mole on the investigation.

Viet Dinh was both the key author of the PATRIOT Act as well as the procedures implementing these sharing rules. Dinh is also the Kirkland & Ellis partner who asked Benczkowski to exercise the really poor judgment of overseeing an investigation for Alfa Bank while he was awaiting a likely DOJ appointment. “I’ve known Viet Dinh for twenty years,” Benczkowski explained during his confirmation hearing for why he represented Alfa Bank while potentially up for nomination to DOJ.

Benczkowski certainly said the right things about honoring Mueller’s work. But Dinh, a guy who had a key role in compromising Benczkowski with respect to the investigation just as he got nominated played a key role in the sharing rules that might make it possible.

As I say in the piece, we had better hope DOJ guards recusal concerns a lot more closely than they seem to have been doing.

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.

One Thing Not Mentioned in Mueller Requests from the White House: The Putin Phone Call

Yesterday, three different outlets published versions of the list of stuff Robert Mueller has requested of the White House. The NYT describes Mueller asking for details of the in-person meeting with Russians after Comey’s firing, as well as details of Comey and Flynn’s firing,

Mueller’s office sent a document to the White House that detailed 13 different areas that investigators want more information about. Since then, administration lawyers have been scouring White House emails and asking officials whether they have other documents or notes that may pertain to Mr. Mueller’s requests.

One of the requests is about a meeting Mr. Trump had in May with Russian officials in the Oval Office the day after James B. Comey, the F.B. I director, was fired. That day, Mr. Trump met with the Russian foreign minister, Sergey V. Lavrov, and the Russian ambassador to the United States, Sergey I. Kislyak, along with other Russian officials. The New York Times reported that in the meeting Mr. Trump said that firing Mr. Comey relieved “great pressure” on him.

Mr. Mueller has also requested documents about the circumstances of the firing of Michael T. Flynn, who was Mr. Trump’s first national security adviser. Additionally, the special counsel has asked for documents about how the White House responded to questions from The Times about a June 2016 meeting at Trump Tower. That meeting was set up by Donald Trump Jr., the president’s eldest son, to get derogatory information from Russians about Hillary Clinton.

WaPo adds communications with Paul Manafort to the list and fleshes out the nature of the requests on Flynn and Comey.

Mueller has requested that the White House turn over all internal communications and documents related to the FBI interview of Flynn in January, days after he took office, as well as any document that discusses Flynn’s conversations with then­-Russian Ambassador Sergey Kislyak in December. Mueller has also asked for records about meetings then-Deputy Attorney General Sally Yates held with White House counsel Don McGahn in late January to alert him to Justice Department concerns about Flynn, as well as all documents related to Flynn’s subsequent ouster by the White House.

Regarding Comey, Mueller has asked for all documents related to meetings between Trump and Comey while Comey served at the FBI, records of any discussions regarding Comey’s firing and any documents related to a statement by then-press secretary Sean Spicer made on the night Comey was fired.

Here’s CNN’s mostly derivative version.

There’s one thing that’s not explicitly on this list (though it might be included in the larger request for details on Flynn’s firing): details surrounding the January 28th phone conversation between Trump and Putin, which included a bunch of people who happen to no longer be at the White House.

As a number of Democrats noted in the Sally Yates hearing before Senate Judiciary Committee, the call took place in the immediate wake of Yates’ two conversations with Don McGahn about Flynn’s potential for compromise by the Russians because of his lies about his conversation with Sergey Kislyak.

HIRONO: Others of my colleagues have mentioned, and you yourself, Mr. Clapper, said that RT is a Russian mouthpiece to spread propaganda. And, of course, we know that General Flynn attended a gala hosted by — or a 10th anniversary gala for RT in December, 2015, where he sat next President Putin and got paid over $33,000 for that.

Mr. Clapper, given the conversation that Ms. Yates provided to the White House regarding — and this is during the January 26th and 27th timeframe — regarding General Flynn, should he have sat in on the following discussions?

On January 28th, he participated in an hour-long call, along with President Trump, to President Putin. And on February 11th, he participated in a discussion with Prime Minister Abe and the president at Mar-a-Lago to discuss North Korea’s missile tests.

Should he — given the — the information that had already been provided by Ms. Yates, should he have participated in these two very specific instances?

In comments on Yates’ testimony when it got canceled on March 28, Adam Schiff focused on the possible explanation for why Flynn was kept on, through that meeting and for 18 days total after Yates’ warning to the White House.

In other words, the big question surrounding Flynn’s firing seems to have as much to do with why he wasn’t fired as why he was, eventually, 18 days after getting notice he was in trouble with DOJ. And the import of including him in that phone call with Putin seems to be a part of that.

Again, that may well be included in the universe of documents on Flynn’s firing (I’d love to see Yates’ firing in there as well, as the Muslim ban was used as an excuse to fire her just as she was raising concerns about Flynn). But it seems important to learn why Trump felt the need to keep Flynn on even after his communications with the Russians had gotten him in legal trouble.

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.

Michael Cohen Starts Not Recalling His Negotiations with Dmitry Peskov, “Main Protagonist” of Campaign Versus Hillary

In this post, I suggested the WaPo scoop about Felix Sater discussing a Trump Tower deal was Michael Cohen’s attempt to pre-empt the real story, which would begin to come out after those particular emails got delivered to HPSCI.

Once they got delivered, we learned that Sater connected the Trump Tower plan (if there ever was one) with getting Trump elected.

Michael I arranged for Ivanka to sit in Putins [sic] private chair at his desk and office in the Kremlin. I will get Putin on this program and we will get Donald elected. We both know no one else knows how to pull this off without stupidity or greed getting in the way. I know how to play it and we will get this done. Buddy our boy can become President of the USA and we can engineer it. I will get Putins [sic] team to buy in on this, I will manage this process.

The immediate question at that point should have been why Sater would tie this alleged real estate deal to getting Trump elected, but instead the follow-up reporting has been about the alleged deal.

In response to the first release of that language, Cohen “rebutted” that focus on Sater by denying two things that don’t address what the main focus should be.

Mr. Cohen suggested that Mr. Sater’s comments were puffery. “He has sometimes used colorful language and has been prone to “salesmanship,” Mr. Cohen said in a statement. “I ultimately determined that the proposal was not feasible and never agreed to make a trip to Russia.”

Sater was just engaged in salesmanship. But for what? A tower or a presidency?

Cohen never went to Russia. But did he make the deal without leaving NYC?

Now, a second story based on the emails actually turned over reveals a far more interesting detail: Cohen may not have gone to Russia, but he did reach out to Dmitry Peskov.

Peskov, you may recall, was (per the Steele dossier) the “main protagonist” of the kompromat campaign against Hillary, which initially reportedly — but perhaps not credibly — started as sharing old dirt on Hillary with Trump’s campaign, but by the end, consisted of deciding to leak the second batch of emails.

Russians do have further ‘kompromat’ on CLINTON (e-mails) and considering disseminating it after Duma (legislative elections) in late September. Presidential spokesman PESKOV continues to lead on this.

For his part, Cohen played the key role in brokering relations between Russia and the Trump team after Paul Manafort stepped down during the summer.

Speaking separately to the same compatriot in mid-October 2016, a Kremlin insider with direct access to the leadership confirmed that a key role in the secret TRUMP campaign/Kremlin was being played by the Republican candidates personal lawyer Michael COHEN

So any ongoing discussions between Cohen and Peskov would go to the heart of any coordination between Trump and Russia.

Which is why it is so interesting that Cohen has started to not recall whether there were ongoing conversations after that January email (note, NYT’s Haberman says Cohen sent this to the mail press email for Peskov, not a private one).

“Over the past few months I have been working with a company based in Russia regarding the development of a Trump Tower – Moscow project in Moscow City,” Cohen wrote Peskov, according to a person familiar with the email. “Without getting into lengthy specifics. the communication between our two sides has stalled.”

“As this project is too important, I am hereby requesting your assistance. I respectfully request someone, preferably you, contact me so that I might discuss the specifics as well as arranging meetings with the appropriate individuals. I thank you in advance for your assistance and look forward to hearing from you soon,” Cohen wrote.

[snip]

In the statement, obtained by the Washington Post, Cohen said Sater suggested the outreach because a massive Trump development in Moscow would require Russian government approval. He said he did not recall receiving a response from Peskov and the project was abandoned two weeks later. [my emphasis]

I wonder if Cohen can recall any more recent conversations with Peskov, such as in advance of the time, in February of this year, when he and Sater delivered a Ukrainian peace plan to Mike Flynn in the days before Trump’s National Security Advisor was forced to quit?

Ah well. I’m sure a good lawyer like Cohen simply forgot these details, rather than giving the classic DC not recall answer that will provide him with another opportunity to tell a cover story the next time inconvenient emails get found.

Update: The WSJ gets into the act, with this report on how Cohen, when asked why he didn’t tell Trump he was going to call Putin’s top advisor for favors while Trump was running for President, did not respond.

In 2015, Mr. Cohen said, he informed the then-candidate that he was working on a licensing deal for a Trump Tower in Moscow. He subsequently asked for and received Mr. Trump’s signature on a nonbinding letter of intent for the project in October 2015. And in January 2016, he said, he informed the then-candidate that he had killed the proposal. Mr. Cohen said each conversation was brief.

Mr. Cohen’s communication with the president about the Moscow project may come under scrutiny because of a January 2016 email Mr. Cohen sent to Russian President Vladimir Putin’s top press official to ask for “assistance” in arranging the deal. Mr. Cohen said he didn’t inform Mr. Trump that he had sent the email to the press official, Dmitry Peskov. He didn’t respond when asked why he hadn’t done so.

So Cohen would have you believe he informed Trump at each stage of this process — except the one where he solicited help from a top official from a hostile nation-state.

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.

The Arpaio Pardon — Don’t Obsess about the Russian Investigation

It seems there are two likely responses to the Arpaio pardon: to use it as a teaching opportunity about race, or to use it to panic about the Russian investigation.

I’m seeing far too many people choosing the latter option, focusing on what Trump’s pardon of Joe Arpaio might do for the Russian investigation. That, in spite of the fact that Trump has already spoken openly of pardoning Mike Flynn, just like he did of Arpaio, to say nothing of his spawn or the father of his grandchildren.

The targets of the Russian investigation already know Trump can and is considering pardoning them.

But a pardon of them — at least some of them — is a very different thing than an Arpaio pardon. That’s because, for some of the crimes in question, in case of a pardon, Robert Mueller could just share the evidence with a state (usually NY) or NYC prosecutor for prosecution. It’s possible that accepting a pardon for Trump or Kushner business related crimes could expose those businesses to lawsuit, and both family’s businesses are pretty heavily in debt now.

Most importantly, a Paul Manafort or Mike Flynn pardon would deprive them of their ability to invoke the Fifth Amendment, meaning they could more easily be forced to testify against Trump, including to Congress.

Presidents implicated in crimes have used a variety of means to silence witnesses who could implicate them, but Poppy Bush’s Cap Weinberger pardon — the most recent example of a President pardoning a witness who could incriminate him — was not the primary thing that protected Poppy and Reagan, Congress’ immunization of witnesses was. Thus far, most Republicans in Congress seem determined to avoid such assistance, and Trump’s attacks on Mitch McConnell and Thom Tillis for not sufficiently protecting him probably have only exacerbated the problem.

I wrote a piece explaining why (in my opinion) George W Bush commuted Scooter Libby’s sentence, but never pardoned him: it kept Libby silent without adding any personal risk. If Trump were competent, he’d be making similar calculations about how to keep witnesses out of prison without making it easier to incriminate him. But he’s usually not competent, and so may fuck this up royally.

In any case, given that some Republicans (including both Arizona’s Senators) have made lukewarm objections to the Arpaio pardon, I’d imagine any pardons of Russian witnesses would meet more opposition, particularly if those pardons came before the 2018 elections. Add in the fact that sleazeball Manafort has no purported service to point to to justify a pardon, as Trump cited with Arpaio (and would to justify a Flynn pardon). The backlash against Trump pardoning witnesses against him will likely be far worse than the already existing backlash here.

Pardoning Arpaio was easy. Pardoning Manafort and Flynn and Don Jr and Kushner and everyone else who can implicate the President will not be easy, neither legally nor politically. So don’t confuse the two.

Meanwhile, Trump has just pardoned a man whose quarter century of abuse targeting people of color has made him the poster child of abuse, not just from a moral perspective, but (given the huge fines Maricopa has had to pay) from a governance perspective.

Like it or not, a lot of white people have a hard time seeing unjustified killings of people of color as the gross civil rights abuse it is, because when cops cite fear or danger in individual cases, fearful white people — who themselves might shoot a black kid in haste in the name of self-defense — side when them. Those white people might easily treat Black Lives Matter as an annoyance blocking their commute on the freeway.

The same white people might find Joe Arpaio’s tortuous camps for people of color objectionable, because those camps make the systemic aspect far more apparent. They’re far more likely to do so, though, if this pardon is primarily seen as Trump’s endorsement of systematic white supremacy rather than a test run to protect himself.

Moreover, white supremacy is something that will remain and must be fought even if Robert Mueller indicts Trump tomorrow. It was a key, if not the key, factor in Trump’s win. We won’t beat the next demagogue following in Trump’s model if we don’t make progress against white supremacy.

You can’t do anything, personally, to help the Robert Mueller investigation. You can do something to fight white supremacy. And if that doesn’t happen, then we’ll face another Trump down the road, just as surely as Sarah Palin paved the way for Trump.

The Arpaio pardon is an abuse, horrifying, yet more evidence of how outrageous Trump is.

But it’s also a teaching opportunity about white supremacy. Better to use it as such rather than cause for panic about the Russia investigation.

Related posts

emptywheel, You’re not the audience for the Arpaio pardon, cops are

bmaz, Some thoughts on the Arpaio pardon

 

 

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.