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Rat-Fucker Rashomon: Getting the “Highest Level of Government” to Free Julian Assange

On June 10, 2017, according to affidavits submitted as part of the Mueller investigation, Roger Stone DMed Julian Assange and told him he was doing everything he could to “address the issues at the highest level of Government.”

57. On or about June 10, 2017, Roger Stone wrote to Target Account 2, “I am doing everything possible to address the issues at the highest level of Government. Fed treatment of you and Wikileaks is an outrage. Must be circumspect in this forum as experience demonstrates it is monitored. Best regards R.” Target Account 2 wrote back, “Appreciated. Of course it is!”

On June 19, 2017, according to the Mueller Report, the President dictated a message for Corey Lewandowski to take to Jeff Sessions, telling the (recused) Attorney General to meet with Robert Mueller and order him to limit his investigation only to future election meddling, not the election meddling that had gotten Trump elected.

During the June 19 meeting, Lewandowski recalled that, after some small talk, the President brought up Sessions and criticized his recusal from the Russia investigation.605 The President told Lewandowski that Sessions was weak and that if the President had known about the likelihood of recusal in advance, he would not have appointed Sessions.606 The President then asked Lewandowski to deliver a message to Sessions and said “write this down.” 607 This was the first time the President had asked Lewandowski to take dictation, and Lewandowski wrote as fast as possible to make sure he captured the content correctly.608 The President directed that Sessions should give a speech publicly announcing:

I know that I recused myself from certain things having to do with specific areas. But our POTUS . .. is being treated very unfairly. He shouldn’t have a Special Prosecutor/Counsel b/c he hasn’t done anything wrong. I was on the campaign w/ him for nine months, there were no Russians involved with him. I know it for a fact b/c I was there. He didn’t do anything wrong except he ran the greatest campaign in American history.609

The dictated message went on to state that Sessions would meet with the Special Counsel to limit his jurisdiction to future election interference:

Now a group of people want to subvert the Constitution of the United States. T am going to meet with the Special Prosecutor to explain this is very unfair and let the Special Prosecutor move forward with investigating election meddling for future elections so that nothing can happen in future elections.610

Days after Roger Stone told Julian Assange that he was trying to resolve matters at the highest level of government, the President of the United States tried to issue a back channel order that would shut down the investigation into Assange — and by association, Stone.

According to Lewandowski, neither he nor Rick Dearborn (on whom he tried to pawn off the task) actually delivered the message. But according to Andrew Weissmann, when he and Jeannie Rhee first got briefed on the investigation into how Russia released the documents it had stolen around that time, they learned no one was investigating it.

This effort didn’t start in June 2017, though. It started at least seven months earlier.

The SSCI Report reveals that the day before the Podesta emails got released, Stone probably had a six minute phone call with the candidate via Keith Schiller’s phone.

On the afternoon of October 6, Stone received a call from Keith Schiller’s number. Stone returned the call about 20 minutes later, and spoke-almost certainly to Trump–for six minutes.1663 The substance of that conversation is not known to the Committee. However, at the time, Stone was focused on the potential for a WikiLeaks release, the Campaign was following WikiLeaks’s announcements, and Trump’s prior call with Stone on September 29, also using Schiller’s phone, related to a WikiLeaks release. Given these facts, it appears quite likely that Stone and Trump spoke about WikiLeaks.

The SSCI Report and the affidavits reveal that Stone postponed a lunch with Jerome Corsi on October 8 to go meet with Trump.

On or about October 8, 2016, STONE messaged CORSI at Target Account 2, “Lunch postponed- have to go see T.” CORSI responded to STONE, “Ok. I understand.”

According to Mike Flynn, in the wake of the Podesta release, senior campaign officials discussed reaching out to WikiLeaks.

Beginning on October 7, 2016, WikiLeaks released emails stolen from John Podesta, the chairman of Hillary Clinton’s 2016 presidential campaign. The defendant relayed to the government statements made in 2016 by senior campaign officials about WikiLeaks to which only a select few people were privy. For example, the defendant recalled conversations with senior campaign officials after the release of the Podesta emails, during which the prospect of reaching out to WikiLeaks was discussed.

And then, days later, Roger Stone tried to reach out to WikiLeaks — seemingly in response to WikiLeaks’ public disavowal of any tie to Stone — only to be rebuffed.

On October 13, 2016, while WikiLeaks was in the midst of releasing the hacked Podesta emails, @RogerJStoneJr sent a private direct message to the Twitter account @wikileaks. This account is the official Twitter account of WikiLeaks and has been described as such by numerous news reports. The message read: “Since I was all over national TV, cable and print defending WikiLeaks and assange against the claim that you are Russian agents and debunking the false charges of sexual assault as trumped up bs you may want to rexamine the strategy of attacking me- cordially R.”

Less than an hour later, @Wikileaks responded by direct message: “We appreciate that. However, the false claims of association are being used by the democrats to undermine the impact of our publications. Don’t go there if you don’t want us to correct you.”

On October 16, 2016, @RogerJStoneJr sent a direct message to @Wikileaks: “Ha! The more you \”correct\” me the more people think you’re lying. Your operation leaks like a sieve. You need to figure out who your friends are.”

But after the election, it was WikiLeaks that reached out to Stone.

On November 9, 2016, one day after the presidential election, @Wikileaks sent a direct message to @RogerJStoneJr containing a single word: “Happy?” @Wikileaks immediately followed up with another message less than a minute later: “We are now more free to communicate.”

At Stone’s trial, Randy Credico testified that in that same period after the election, he put Roger Stone in touch with Margaret Kunstler, Credico’s tie to WikiLeaks and one of the 1,000 lawyers (per a snarky answer from Credico) who represented Assange, to discuss a pardon.

Q. Had you put Mr. Stone directly in touch with Ms. Kunstler after the election?

A. Yes, I did.

Q. And why had you done that?

A. Well, sometime after the election, he wanted me to contact Mrs. Kunstler. He called me up and said that he had spoken to Judge Napolitano about getting Julian Assange a pardon and needed to talk to Mrs. Kunstler about it. So I said, Okay. And I sat on it. And I told her–I told her–she didn’t act on it. And then, eventually, she did, and they had a conversation.

Credico is very evasive about the timing of all this. Texts between him and Stone, introduced as an exhibit at Stone’s trial, show that Credico raised asylum on October 3, three hours before he boasted that he was best friends with Assange’s lawyer, meaning Kunstler.

But when asked about the timing, Credico refused to answer, or even answer a yes or no question about whether discussions began before the election. Note, these texts were ones that neither Credico nor Stone provided at first, on Credico’s part because he no longer had them; the government ultimately subpoenaed them from Stone after Stone shared them with Chuck Ross. The texts Stone produced go through November 14, but the ones released at trial stop on October 3.

Later affidavits make clear, however, that on November 15, seven days after Trump won an election with Julian Assange’s help, Trump’s rat-fucker sent Kunstler a link to download Signal and asked her to call him, which she said she’d do. (This was the first day Stone was using the iPhone 7 on which he sent her these texts.)

Additionally, text messages recovered from Stone’s iCloud account revealed that on or about November 15, 2016, Stone sent an attorney with the ability to contact Julian Assange a link to download the Signal application. 15 Approximately fifteen minutes after sending the link, Stone texted the attorney, “I’m on signal just dial my number.” The attorney responded, “I’ll call you.”

15 This attorney was a close friend of Credico’s and was the same friend Credico emailed on or about September 20, 2016 to pass along Stone’s request to Assange for emails connected to the allegations against then-candidate Clinton related to her service as Secretary of State.

So the pardon discussions Credico testified about under oath began no later then a week after Assange helped Trump get elected and Credico refused to rule out that they started on November 9 or even earlier. The SSCI Report notes Credico had a 12 minute call with Stone on October 5 and five more calls on October 6.

After Trump was inaugurated in early 2017, via an attorney he shared with Oleg Deripaska, Assange tried to leverage CIA’s hacking tools believed to have been stolen the previous April to obtain an immunity deal. Even while those discussions were ongoing, on March 7, 2017, WikiLeaks released the first installment of CIA’s hacking tools, a release they called Vault 7. According to witnesses at the trial of the accused source, Joshua Schulte, the Vault 7 release brought CIA’s hacking-based spying virtually to a halt while the agency tried to figure out who would be compromised by the release.

But that didn’t stop the pardon discussions between WikiLeaks, including Assange personally, and Stone. After another spat about whether Stone had had a back channel to WikiLeaks which they aired on CNN, Stone returned to a discussion of a pardon on April 7.

On or about March 27, 2017, Target Account 1 wrote to Roger Stone, “FYI, while we continue to be unhappy about false \”back channel\” claims, today CNN deliberately broke our off the record comments.”

On March 27, 2017, CNN reported that a representative of WikiLeaks, writing from an email address associated with WikiLeaks, denied that there was any backchannel communication during the Campaign between Stone and WikiLeaks. The same article quoted Stone as stating: “Since I never communicated with WikiLeaks, I guess I must be innocent of charges I knew about the hacking of Podesta’s email (speculation and conjecture) and the timing or scope of their subsequent disclosures. So I am clairvoyant or just a good guesser because the limited things I did predict (Oct disclosures) all came true. ”

On or about April 7, 2017, Roger Stone wrote to Target Account 1, ” I am JA’s only hope for a pardon the chances of which are actually (weirdly) enhanced by the bombing in Syria (which I opposed) . You have no idea how much your operation leaks. Discrediting me only hurts you. Why not consider saying nothing? PS- Why would anyone listen to that asshole Daniel Ellsberg.”

On April 13, in the wake of the Vault 7 hack, Mike Pompeo declared WikiLeaks a non-state hostile intelligence service often abetted by Russia.

It is time to call out WikiLeaks for what it really is – a non-state hostile intelligence service often abetted by state actors like Russia. In January of this year, our Intelligence Community determined that Russian military intelligence—the GRU—had used WikiLeaks to release data of US victims that the GRU had obtained through cyber operations against the Democratic National Committee. And the report also found that Russia’s primary propaganda outlet, RT, has actively collaborated with WikiLeaks.

In response, Stone took to InfoWars on April 18, calling on Pompeo to either provide proof of those Russian ties or resign, defending the release of the Vault 7 tools along the way.

The Intelligence agencies continue to insist that Julian Assange is an active Russian Agent and that Wikileaks is a Russian controlled asset. The agencies have no hard proof of this claim whatsoever. Assange has said repeatedly that he is affiliated with no nation state but the Intelligence Agencies continue to insist that he is under Russian control because it fits the narrative in which they must produce some evidence of Russian interference in our election because they used this charge to legally justify and rationalize the surveillance of Trump aides, myself included.

[snip]

President Donald Trump said on Oct, 10, 2016 “I love Wikileaks” and Pompeo who previously had praised the whistleblowing operation now called Wikileaks “a non-state hostile Intelligence service often abetted by state actors like Russia”. Mr. Pompeo must be pressed to immediately release any evidence he has that proves these statements. If he cannot do so ,the President should discharge him.

[snip]

Julian Assange does not work for the Russians. Given the import of the information that he ultimately disclosed about the Clinton campaign, the Obama administration and the deep secrets in the CIA’s Vault 7, he has educated the American people about the tactics and technology the CIA has used to spy on ordinary Americans.

Assange personally DMed Stone to thank him for the article, while claiming that Pompeo had stopped short of claiming that WikiLeaks had gotten the stolen DNC emails directly, thereby making WikiLeaks like any other media outlet.

On or about April 19, 2017, Assange, using Target Account 2, wrote to Stone, “Ace article in infowars. Appreciated. But note that U.S. intel is engages in slight of hand maoevers [sic]. Listen closely and you see they only claim that we received U.S. election leaks \”not directly\” or via a \”third party\” and do not know \”when\” etc. This line is Pompeo appears to be getting at with his \”abbeted\”. This correspnds to the same as all media and they do not make any allegation that WL or I am a Russia asset.”

It’s in that context — in the wake of Trump’s trusted CIA Director (and a former WikiLeaks booster himself) asserting serial cooperation between Russia and WikiLeaks — that Stone and Assange had the exchange that directly preceded Trump’s attempt to shut down any investigation into the leaks to WikiLeaks.

On June 4, Stone threatened to “bring down the entire house of cards” if the government moved on Assange (Stone kept a notebook during the campaign detailing all the calls he had had with Trump), then raised a pardon again, suggesting Assange had done nothing he needed to be pardoned for.

56. On or about June 4, 2017, Roger Stone wrote back to Target Account 2, “Still nonsense. As a journalist it doesn’t matter where you get information only that it is accurate and authentic. The New York Times printed the Pentagon Papers which were indisputably stolen from the government and the courts ruled it was legal to do so and refused to issue an order restraining the paper from publishing additional articles. If the US government moves on you I will bring down the entire house of cards. With the trumped-up sexual assault charges dropped I don’t know of any crime you need to be pardoned for – best regards. R.” Target Account 2 responded, “Between CIA and DoJ they’re doing quite a lot. On the DoJ side that’s coming most strongly from those obsessed with taking down Trump trying to squeeze us into a deal.”

57. On or about June 10, 2017, Roger Stone wrote to Target Account 2, “I am doing everything possible to address the issues at the highest level of Government. Fed treatment of you and Wikileaks is an outrage. Must be circumspect in this forum as experience demonstrates it is monitored. Best regards R.” Target Account 2 wrote back, “Appreciated. Of course it is!”

According to texts between Stone and Credico, Stone at least claimed to be pursuing a pardon in early 2018 (though he may have been doing that to buy Credico’s silence).

And it wasn’t just Stone involved in the discussions to free Assange.

Manafort’s Ecuador trip

While it’s not clear to what end, Paul Manafort took steps relating to Assange as well.

There’s the weird story by Ken Vogel, explaining that between those two Stone-Assange exchanges in April and June, 2017, long-time Roger Stone friend Paul Manafort went to Ecuador to negotiate Assange’s expulsion.

In mid-May 2017, Paul Manafort, facing intensifying pressure to settle debts and pay mounting legal bills, flew to Ecuador to offer his services to a potentially lucrative new client — the country’s incoming president, Lenín Moreno.

Mr. Manafort made the trip mainly to see if he could broker a deal under which China would invest in Ecuador’s power system, possibly yielding a fat commission for Mr. Manafort.

But the talks turned to a diplomatic sticking point between the United States and Ecuador: the fate of the WikiLeaks founder Julian Assange.

In at least two meetings with Mr. Manafort, Mr. Moreno and his aides discussed their desire to rid themselves of Mr. Assange, who has been holed up in the Ecuadorean Embassy in London since 2012, in exchange for concessions like debt relief from the United States, according to three people familiar with the talks, the details of which have not been previously reported.

They said Mr. Manafort suggested he could help negotiate a deal for the handover of Mr. Assange to the United States, which has long investigated Mr. Assange for the disclosure of secret documents and which later filed charges against him that have not yet been made public.

The story never explained whether Manafort wanted Assange handed over for trial, for a golf vacation, or for Russian exfiltration (as was reportedly planned for Assange later in 2017).

That Manafort went to Ecuador and negotiated for an Assange release accords, however, with the 302 of a witness who called in to Mueller’s team. The witness described that Manafort had told him or her, in real time, that he had gone to Ecuador, “to try to convince the incoming President to expel Assange from the Embassy in order to gain favor with the U.S.”

Neither of these stories should be considered reliable, as written. 302s that Bill Barr’s DOJ is willing to release in unredacted form, as this one is, tend to be false claims that make Trump look less suspect than he really is. And Manafort-adjacent sources were using Ken Vogel to plant less-damning cover stories during this period. Further, as we’ll see, the dates of them, November 28 and December 3, 2018, respectively, puts them in a period after Trump knew that Mueller was investigating efforts to pardon Assange.

Manafort went to Ecuador in May of 2017. At the time, his lifelong buddy Roger Stone was still pursuing some means to get Assange released. It’s unclear precisely what Manafort asked Lenín Moreno to do.

WikiLeaks cultivates Trump’s oldest son

A more interesting parallel timeline (one that becomes more interesting if you track the communications in tandem, as I do below) is the dalliance between Don Jr and WikiLeaks. The failson’s communications with WikiLeaks are one area where all of the Roger Stone stories withhold key details. The Mueller Report, for example, covers only three of the Don Jr-WikiLeaks exchanges, which it caveats by explaining that it addresses the ones “during the campaign period” (again, only the one where Don Jr accesses a non-public website using the private password WikiLeaks shared involved a prosecutorial decision and so needed to be included).

Like the Mueller Report, the SSCI Report describes in the body of the report Don Jr’s exchange with WikiLeaks in a period around the time that Trump and his closest advisors had discussed reaching out to WikILeaks.

(U) WikiLeaks also sought to coordinate its distribution of stolen documents with the Campaign. After Trump proclaimed at an October 10 rally, “I love WikiLeaks” and then posted about it on Twitter,1730 WikiLeaks resumed messaging with Trump Jr. On October 12, it said: “Strongly suggest your dad tweets this link if he mentions us … there’s many great stories the press are missing and we’re sure some of your follows [sic] will find it. btw we just released Podesta Emails Part 4.”1731 Shortly afterward, Trump tweeted: “Very little pick-up by the dishonest media of incredible information provided by WikiLeaks. So dishonest! Rigged System!”1732 Two days later, Donald Trump Jr. tweeted the link himself: “For those who have the time to read about all the corruption and hypocrisy all the @wikileaks emails are right here: wlsearch.tk.”1733 Trump Jr. admitted that this may have been in response to the request from WikiLeaks, but also suggested that it could have been part of a general practice of retweeting the. WikiLeaks releases when they came out. 1734

But it only presents one part of the exchange that Jr and WikiLeaks had on November 8 and 9, and it relegates that to a footnote.

1738 (U) Ibid., pp. 164-166. WikiLeaks continued to interact with Trump Jr. after the general election on November 8, 2016. On November 9, 2016, WikiLeaks wrote to Trump Jr.: “Wow. Obama people will surely try to delete records on the way out. Just a heads up.”

As to the affidavits, the warrant application for Julian Assange’s Twitter account described having earlier obtained Don Jr’s Twitter account, but didn’t refer to him by name. Instead, it referred to him as “a high level individual associated with the Campaign,” and described just the September exchange between the two of them.

After the Atlantic provided more of those DMs, Don Jr, as he had earlier with his June 9 emails, released them himself. The Election Day exchange of which SSCI made no mention pushes Don Jr to adopt a strategy Russia was also pushing — to refuse to concede (a strategy that Trump will undoubtedly adopt on November 4 if he loses).

Hi Don; if your father ‘loses’ we think it is much more interesting if he DOES NOT conceed [sic] and spends time CHALLENGING the media and other types of rigging that occurred–as he has implied that he might do. He is also much more likely to keep his base alive and energised this way and if he is going to start a new network, showing how corrupt the old ones are is helpful. The discussion about the rigging can be transformative as it exposes media corruption, primary corruption, PAC corruption etc. We don’t like corruption ither [sic] and our publications are effective at proving that this and other forms of corruption exists.

That doesn’t pertain to pardons (though it does demonstrate that WikiLeaks was not involved in a journalistic enterprise).

But a DM from December 16, 2016 the SSCI similarly excerpted in a footnote does discuss what amounts to a pardon:

Hi Don. Hope you’re doing well! In relation to Mr. Assange: Obama/Clinton placed pressure on Sweden, UK and Australia (his home country) to illicitly go after Mr. Assange. It would be real easy and helpful for your dad to suggest that Australia appoint Assange ambassador to DC “That’s a really smart tough guy and the most famous australian you have! ” or something similar. They won’t do it, but it will send the right signals to Australia, UK + Sweden to start following the law and stop bending it to ingratiate themselves with the Clintons. Background: justice4assange.com

When these DMs were released on November 14, 2017, Assange tweeted out a follow-up to the December 2016 one, adding a threat by hashtagging, Vault8, the source code to the CIA files, a single example of which WikiLeaks had just released on November 9, 2017.

Meanwhile, the one other example where WikiLeaks provided the President’s son advice — a pitch for him to release his own June 9 emails via WikiLeaks in July 2017 — WikiLeaks explicitly suggested that Don Jr contact Margaret Kunstler, the same lawyer who had been discussing pardons with Assange nine months earlier.

There appears to be more — far more — to Margaret Kunstler’s role. Two 302s identifiable as hers have been released in response to the BuzzFeed FOIA, an interview on October 29, 2018 involving Stone prosecutor Aaron Zelinsky and Obstruction prosecutor Andrew Goldstein, and a second interview, this one by phone, on November 20, 2018, this one adding Russian prosecutor Rush Atkinson along with Zelinsky and Goldstein. Both 302s were released on October 1, 2020, the most recent release. In the first interview, only Kunstler’s response stating that she did not pass on Stone’s September request for information about Libya to Julian Assange was partly unsealed; there are at least five more paragraphs that remain redacted as part of an ongoing investigation. The second is eight pages long and appears to have at least four sub-topics with separate headings. Aside from the introductory paragraph, it remains entirely redacted, with over half covered by a b7A ongoing investigation exemption.

The investigation into much of Stone’s activities appears to have been shut down. But the investigation into the pardon discussions appears to have been ongoing just three weeks ago.

The Mueller question

The discussion of efforts to free Julian Assange appears, primarily, in two versions of the Roger Stone story. Prosecutors at Stone’s trial used the discussions to explain which of Stone’s threats — those naming Kunstler directly — worked most effectively to delay Credico’s cooperation. It also appears in affidavits, though with Don Jr’s identity obscured.

The SSCI report relegates both the Don Jr and Stone pardon discussions with WikiLeaks to footnotes and doesn’t quote Stone using the word “pardon” in the excerpts it includes. It does so even though the SSCI Report describes Dana Rohrabacher’s attempt to broker an Assange pardon in August 2017 in the body of the text.

The Mueller Report doesn’t discuss pardon efforts for Assange where you might expect it, along with discussions of pardons for Manafort, Flynn, Stone himself, and Michael Cohen. Mention of the effort to free Assange appears in just one place: amid the questions asked of Trump in an appendix.

Did you have any discussions prior to January 20, 2017, regarding a potential pardon or other action to benefit Julian Assange? If yes, describe who you had the discussion(s) with, when, and the content of the discussion(s).

I do not recall having had any discussion during the campaign regarding a pardon or action to benefit Julian Assange.

That appendix explains that Mueller’s team submitted these questions on September 17, 2018 (before both of Kunstler’s interviews) and Trump returned them on November 20, 2018.

In the interim period, on October 30, 2018, Don Jr’s close buddy, Arthur Schwartz, for the first time in years of having listened to former Sputnik employee Cassandra Fairbanks’ lobbying for Julian Assange in the right wing chat room they both (along with Ric Grenell) participated in responded by telling her that he would be charged and expelled from the embassy, that a pardon was not going to fucking happen and — at some point, if Fairbanks can be believed — suggesting someone with whom Schwartz was lifelong friends might be affected.

Arthur Schwartz warned me that people would be able to overlook my previous support for WikiLeaks because I did not know some things which he claimed to know about, but that wouldn’t be so forgiving now that I was informed. He brought up my nine year old child during these comments, which I perceived as an intimidation tactic.

He repeatedly insisted that I stop advocating for WikiLeaks and Assange, telling me that “a pardon isn’t going to fucking happen.” He knew very specific details about a future prosecution against Assange that were later made public and that only those very close to the situation would have been aware of. He told me that it would be the “Manning” case that he would be charged with and that it would not involve Vault 7 publication or anything to do with the DNC. He also told me that they would be going after Chelsea Manning. I also recollect being told, I believe, that it would not be before Christmas.

[snip]

The other persons who Schwartz said might also be affected included individuals who he described as “lifelong friends.”

Shortly after Trump submitted his answers, two stories — one public, one via witness testimony to Mueller — claimed that Manafort’s visit to Moreno, at a time when his buddy Stone was seeking a pardon, was actually an attempt to expel him from the embassy.

In spite of what Schwartz told Cassandra, however, the pardon discussions aren’t over. Just before Julian Assange’s extradition hearing started, Roger Stone’s buddy Tucker Carlson invited Glenn Greenwald on to make a three minute pitch — one in which Glenn explained what a good way this would be for Trump to stick it to the Deep State — for both Assange and Ed Snowden.

Timeline

September 20, 2016: WikiLeaks DMs Don Jr a link to putintrump site, including a password.

October 3, 2016: Credico raises asylum for Assange and tells Stone he’s best friends with Assange’s lawyer. WikiLeaks DMs Don Jr asking him to push a story about Hillary drone-striking Assange; Don Jr notes he has already done so and asks what is coming on Wednesday.

October 5, 2016: Credico and Stone speak for 12 minutes.

October 6, 2016: Stone probably has a six minute call with Trump. Stone has five calls with Credico.

October 7, 2016: The release of the Podesta email swamps the DHS/ODNI release attributing the DNC hack and tying WikiLeaks to Russia

October 8, 2016: Stone and Trump probably meet.

Shortly after Podesta release: Senior campaign officials discuss reaching out to WikiLeaks.

October 10, 2016: Trump tweets “I love WikiLeaks.”

October 12, 2016: WikiLeaks disavows any back channel with Stone. WikiLeaks also DMs Don Jr suggesting he get his father to tweet a link. Don Jr tweets it that day.

October 13, 2016: Stone and WikiLeaks exchange DMs.

October 14, 2016: Trump tweets the link WikiLeaks sent to Don Jr.

October 16, 2016: Stone tells WikiLeaks “You need to figure out who your friends are.”

October 21, 2016: WikiLeaks suggests that Don Jr release Trump’s tax returns to WikiLeaks.

November 8, 2016: WikiLeaks DMs Don Jr to suggest Trump not concede if he loses.

November 9, 2016: WikiLeaks DMs Don Jr to claim Obama’s people will delete records on the way out. WikiLeaks DMs Stone to say, “We are now more free to communicate.”

November 14, 2016: Stone gets a new phone.

November 15, 2016: Stone texts Margaret Kunstler a link to Signal and tells her to call him on it, which she said she would do.

December 16, 2016: WikiLeaks suggests that he ask his dad to suggest Australia appoint Assange as Ambassador to the US.

January 6, 2017: WikiLeaks DMs Don Jr a John Harwood tweet asking, Who do you believe, America?

March 7, 2017: WikiLeaks starts releasing the Vault 7 files, effectively halting CIA’s hacking capability for a period.

March 27, 2017: Stone and WikiLeaks exchange more complaints about whether Stone had a back channel.

April 7, 2017: Stone writes WikiLeaks that he is “JA’s only hope for a pardon.”

April 13, 2017: Mike Pompeo calls WikiLeaks a non-state hostile intelligence service often abetted by Russia.

April 18, 2017: Stone calls on Pompeo to release proof of WikiLeaks’ Russian ties or resign.

April 19, 2017: Assange thanks Stone for the attack on Pompeo, but claims that Pompeo has stopped short of calling WikiLeaks a Russian asset.

April 26, 2017: Assange DMs Don Jr some video on “Fake News.”

May 2017: Manafort meets in Ecuador with Lenín Moreno to discuss Assange.

June 4, 2017: Stone DMs Assange, threatening to “bring down the entire house of cards” if the US government moves on Assange.

June 10, 2017: Roger Stone tells Assange he is “doing everything possible … at the highest level of Government” to help Assange.

June 19, 2017: Trump tries to give a back channel order to Jeff Sessions to limit the Mueller investigation to future election meddling, not the meddling that helped him get elected.

July 11, 2017: WikiLeaks DMs Don Jr to suggest he release his June 9 emails via WikiLeaks, providing him Margaret Kunstler’s contact information as if she would take the submission.

October 12, 2017: Mueller’s team obtains Don Jr’s Twitter content.

November 6, 2017: Mueller’s team obtains WikiLeaks and Assange’s Twitter content.

November 14, 2017: Don Jr releases his Twitter DMs with WikiLeaks. Julian Assange publicly references the December 16 DM, suggests he can open “luxury immunity suites for whistleblowers,” and includes a Vault8 hashtag (referencing CIA’s source code).

December 21, 2017: Reported attempt to exfiltrate Assange from the embassy; DOJ charges Assange with CFAA conspiracy.

January 6, 2018: Stone claims “I am working with others to get JA a blanket pardon.”

September 17, 2018: Mueller submits questions to Trump, including one about a pardon for Assange.

October 29, 2018: Mueller’s team interviews Kunstler.

October 30, 2018: Arthur Schwartz tells Cassandra Fairbanks there’s not going to be a fucking Assange pardon.

November 20, 2018: Trump returns his questions to Mueller. Mueller’s team interviews Kunstler.


The movie Rashomon demonstrated that any given narrative tells just one version of events, but that by listening to all available narratives, you might identify gaps and biases that get you closer to the truth.

I’m hoping that principle works even for squalid stories like the investigation into Roger Stone’s cheating in the 2016 election. This series will examine the differences between four stories about Roger Stone’s actions in 2016:

As I noted in the introductory post (which lays out how I generally understand the story each tells), each story has real gaps in one or more of these areas:

My hope is that by identifying these gaps and unpacking what they might say about the choices made in crafting each of these stories, we can get a better understanding of what actually happened — both in 2016 and in the investigations. The gaps will serve as a framework for this series.

“A Digital Pearl Harbor:” The Ways in Which the Vault 7 Leak Could Have Compromised US and British Assets’ Identities

The Julian Assange extradition defense yesterday started presenting evidence that Assange suffers from conditions — Aspergers, depression, and suicidal tendencies — that would make US prisons particularly lethal. It’s the defense that Lauri Love used to avoid extradition, and is Assange’s most likely chance of success. And given our inhumane prisons, it’s a perfectly fair defense against his extradition.

Before that, though, the most interesting evidence submitted by Assange’s team pertained to the three charges that he identified the identities of US and Coalition (and so, British) informants in the Afghan, Iraq, and Cablegate releases. For each of those releases, Assange’s team presented evidence that someone else — Cryptome, in one case, some Guardian journalists in another — released the informants’ identities first. At one point, the lawyer for the US seemed to suggest that Assange had made such disclosures more readily available after the identities had already been published. But Assange can only be extradited for charges that are illegal in the UK as well, and while the UK’s Official Secrets Act explicitly prohibits the publication of covert identities, it does not prohibit republication of names.

In other words, it’s the one evidentiary question where I think WikiLeaks might have the better case (the government has yet to present its own counter-evidence, and Assange has to prove that the charges are baseless to prevent the extradition, so it’s a high hurdle).

The question is particularly interesting for several reasons. Publishing the names of informants is the one charge specifically tied to publication, rather than conspiring to get Chelsea Manning to leak, making it dangerous for journalism in a different way than most of the other charges (save the CFAA charge).

But also because — in a Mike Pompeo screed that many WikiLeaks witnesses have cited completely out of context, in which the then-CIA Director named WikiLeaks a non-state hostile intelligence agency — he accused WikiLeaks of being like Philip Agee, a disillusioned CIA officer who went on to leak the identities of numerous CIA officers who was credibly accused of working with Cuban and Russian intelligence services.

So I thought I’d start today by telling you a story about a bright, well-educated young man. He was described as industrious, intelligent, and likeable, if inclined towards a little impulsiveness and impatience. At some point, he became disillusioned with intelligence work, and angry at his government. He left the government and decided to devote himself to what he regarded as public advocacy: exposing the intelligence officers and operations that he had sworn to keep secret. He appealed to agency employees to send him leads, tips, suggestions. He wrote in a widely-circulated bulletin quote “We are particularly anxious to receive – and anonymously, if you desire – copies of U.S. diplomatic lists and U.S. embassy staff,” end of quote.

That man was Philip Agee, one of the founding members of the magazine CounterSpy, which in its first issue, in 1973, called for the exposure of the CIA undercover operatives overseas. In its September 1974 issue, CounterSpy publicly identified Richard Welch as the CIA station chief in Athens. Later, Richard’s home address and phone number were outed in the press, in Greece. In December 1975, Richard and his wife were returning home from a Christmas party in Athens. When he got out of his car to open the gate in front of his house, Richard Welch was assassinated by a Greek terrorist cell.

At the time of his death, Richard was the highest-ranking CIA officer killed in the line of duty. He had led a rich and honorable life – one that is celebrated with a star on the agency’s memorial wall. He’s buried at Arlington National Cemetery, and has remained dearly remembered by his family and colleagues.

Meanwhile, Philip Agee propped up his dwindling celebrity with an occasional stunt, including a Playboy interview. He eventually settled down as the privileged guest of an authoritarian regime – one that would have put him in front of a firing squad without a second thought had he betrayed its secrets instead of ours.

Today, there are still plenty of Philip Agees in the world, and the harm they inflict on U.S. institutions and personnel is just as serious today as it was back then. They don’t come from the intelligence community, they don’t all share the same background, or use precisely the same tactics as Agee, but they are soulmates. Like him, they choose to see themselves under a romantic light as heroes above the law, saviors of our free and open society. They cling to this fiction even though their disclosures often inflict irreparable harm on both individuals and democratic governments, pleasing despots along the way.

The one thing they don’t share with Agee is the need for a publisher. All they require now is a smartphone and internet access. In today’s digital environment, they can disseminate stolen U.S. secrets instantly around the globe to terrorists, dictators, hackers and anyone else seeking to do us harm.

The reference to Richard Welch is inaccurate (in the same way the claim that WikiLeaks is responsible for release of these informants’ identities could be too). Much of the rest of what Pompeo said was tone-deaf, at best. And that Pompeo — who months earlier had been celebrating WikiLeaks’ cooperation with Russia in interfering in the 2016 election — said this is the kind of breathtaking hypocrisy he specializes in.

Still, I want to revisit Pompeo’s insinuation, made weeks after the release of the Vault 7 files, that Julian Assange is like Philip Agee. The comment struck me at the time, particularly given that the only thing he mentioned to back the claim — also floated during the Chelsea Manning trial — was that WikiLeaks’ releases had helped al-Qaeda.

And as for Assange, his actions have attracted a devoted following among some of our most determined enemies. Following the recent WikiLeaks disclosure, an al-Qaida in the Arabian Peninsula member posted a comment online thanking WikiLeaks for providing a means to fight America in a way that AQAP had not previously envisioned. AQAP represents one of the most serious threats to our country and around the world today. It’s a group that is devoted not only to bringing down civil passenger planes but our way of life as well. That Assange is the darling of these terrorists is nothing short of reprehensible. Have no doubt that the disclosures in recent years caused harm, great harm, to our nation’s national security, and they will continue to do so for the long term.

They also threaten the trust we’ve developed with our foreign partners when that trust is crucial currency among allies. They risk damaging morale for the good officers at the intelligence community and who take the high road every day. And I can’t stress enough how these disclosures have severely hindered our ability to keep you all safe.

But given what we’ve learned about the Vault 7 release since, I’d like to consider the multiple ways via which the Vault 7 identities could have — and did, in some cases — identify sensitive identities. Pompeo’s a flaming douchebag, and the CIA’s complaint about being targeted like it targets others is unsympathetic, but understanding Pompeo’s analogy to Agee provides some insight into why DOJ charged WikiLeaks in 2017 when it hadn’t in 2013.

Vault 7, justifiably or not, may have changed how the government treated WikiLeaks’ facilitation of the exposure of US intelligence assets.

Before I start, let me emphasize the Vault 7 leak is not charged in the superseding indictment against Assange, and Assange’s treatment of Vault 7 may be radically different than his earlier genuine attempts to at least forestall or delegate the publication of US informant identities. Even if DOJ’s understanding of WikiLeaks’ facilitation of the exposure of US intelligence assets may have changed with the Vault 7 release, DOJ understanding may not be correct. Nor do I think this changes the risk to journalism of the current charges, as charged.

But it may provide insight into why the government did charge those counts, and what a superseding indictment integrating the Vault 7 leak might look like.

First, although WikiLeaks made a big show of redacting the identities of the coders who developed the CIA’s hacking tools (as they did with the 2010 and 2011 releases), some were left unredacted in the content of the release. That may be unintentional. But the first FBI affidavit against accused Vault 7 leaker Joshua Schulte noted that the pseudonyms of the two other SysAdmins who had access to the files were left unredacted in the first release, something that suggests more intentional disclosure, one that would presumably require the involvement of Schulte or someone else who knew these identities.

i. Names used by the other two CIA Group Systems Administrators were, in fact, published in the publicly released Classified Information.

ii. SCHULTE’s name, on the other hand, was not apparently published in the Classified Inforamtion.

iii. Thus, SCHULTE was the only one of the three Systems Administrators with access to the Classified Information on the Back-Up Server who was not publicly identified via WikiLeaks’s publication of the Classified Information.

A subsequent WikiLeaks release (after the FBI had already made it clear he was a, if not the, suspect) would include Schulte’s username, but I believe that is distinguishable from the release of the other men’s cover names.

Schulte would later threaten to leak more details (including, presumably, either his cover or his real name) on one of those same guys, someone he was particularly angry at, from jail, including the intriguing hint that he had been exposed in the Ashley Madison hack.

 

At trial, Schulte’s lawyer explained that the leaking he attempted or threatened from jail reflected the anger built up over almost a year of incarceration, but there’s at least some reason to believe that the initial Vault 7 release intentionally exposed the identities of CIA employees whom Schulte had personal gripes with, or at the very least he hoped would be blamed other than him.

Then there’s the damage done to ongoing operations. At trial, one after another CIA witness described the damage the Vault 7 leak had done. While the testimony was typically vague, it was also more stark in terms of scale than what you generally find in CIA trials.

After describing the leak the “equivalent of a digital Pearl Harbor,” for example, Sean Roche, who was the Deputy Director for Digital Innovation at the time of the leak, testified how on the day of the first release, the CIA had to shut down “the vast, vast majority” of operations that used the CIA tools (at a time, of course, when the CIA was actively trying to understand how Russia had attacked the US the prior year), and then CIA had to reach out to those affected.

It was the equivalent of a digital Pearl Harbor.

Q. What do you mean by that?

A. Our capabilities were revealed, and hence, we were not able to operate and our — the capabilities we had been developing for years that were now described in public were decimated. Our operations were immediately at risk, and we began terminating operations; that is, operations that were enabled with tools that were now described and out there and capabilities that were described, information about operations where we’re providing streams of information. It immediately undermined the relationships we had with other parts of the government as well as with vital foreign partners, who had often put themselves at risk to assist the agency. And it put our officers and our facilities, both domestically and overseas, at risk.

Q. Just staying at a very general level, what steps did you take in the immediate aftermath of those disclosures to address those concerns?

A. A task force was formed. Because operations were involved we had to get a team together that did nothing but focus on three things, in this priority order. In an emergency, and that’s what we had, it was operate, navigate, communicate, in that order. So the first job was to assess the risk posture for all of these operations across the world and figure out how to mitigate that risk, and most often, the vast, vast majority we had to back out of those operations, shut them down and create a situation where the agency’s activities would not be revealed, because we are a clandestine agency.

The next part of that was to navigate across all the people affected. It was not just the CIA. There were equities for other government agencies. There were, of course, equities at places and bases across the world, where we had relationships with foreign partners. People heeded immediately, were calling and asking what do I do, what do I say?

And the third part of that was to communicate, which was — in the course of looking at this as a what systemic issues led to the ability to have our information out there — was to document that and write a report that would serve as a lessons learned with the idea of preventing it from ever happening again. [my emphasis]

Notably, given that Assange could be vulnerable to Official Secrets Act charges in the UK if this leak affected any British intelligence officers or assets, Roche mentioned “foreign partners” twice in just this short passage. You don’t get very far down the list of CIA’s foreign partners before you’ve damaged MI6 assets.

Of course, shutting down ongoing operations would not have been enough to protect CIA’s assets. It took just 40 days for Symantec and Kaspersky to publicly identify the tools described in the Vault 7 releases as those found targeting their clients. If the CIA (or its foreign partners) had used human assets to introduce malware into target computers, as a number of these tools required, then those assets might be easily identifiable to the organizations affected.

Part of that same leak Schulte attempted from jail explains how this might work. He described how a tool from a particular vendor (which he would have named) was actually “Bartender,” by name presumably a watering hole attack, which had been released in Vault 7.

Had he succeeded in tweeting this out, Schulte would have identified either a cover organization or one in which CIA had recruited assets which was loading malware onto target computers while also loading some kind of vendor software.

I’m not defending CIA’s use of such assets to provide a side-helping of malware when targeted organizations install real software, though all major state-actors do this. But what Schulte (without any known active involvement of WikiLeaks, though he did continue to communicate with WikiLeaks, at least indirectly, while in jail) was allegedly attempting to do was burn either a cover organization or CIA assets, who would have been immediate targets if not exfiltrated. And it provides a good example of what could have happened over and over again on March 7, 2017, when these files were first released.

But there’s one other, possibly even more significant risk.

WikiLeaks has, in the past, preferentially withheld or shared files with Russia and other countries. Most obviously, at least one file hacked as part of the Syria Files which was damning to Russia never got published, and Emma Best claimed recently there were far more. The risk that something like that would have happened in this case is quite real. That’s because the files were leaked at a time when WikiLeaks was actively involved in another Russian operation. There was a ten month delay between the time the files were allegedly shared (in early May 2016) and the time WikiLeaks published them on March 7, 2017. The government has never made any public claim about how they got shared with WikiLeaks. Details of contacts between Guccifer 2.0 and WikiLeaks demonstrate that it would have been impossible to send the volume of data involved in this hack directly to WikiLeaks’ public facing submission system in the time which Schulte did so, and several people familiar with the submission system at the time of that hack have suggested it served more as cover than a functional system. That suggests that Schulte either would have had to have prior contact with WikiLeaks to arrange an alternate upload process, or shared them with WikiLeaks via some third party (notably, Schulte bragged in jail that compressing data to do this efficiently was one of his specialties at CIA).

At trial, even though the government in no way focused on this evidence themselves, there was (inconsistent) evidence that Schulte planned to involve Russia in his efforts to take revenge on the CIA. I’ve heard a related allegation independently.

Remember, too, that WikiLeaks has never published the vast majority of the code for these tools, even though Schulte did leak it, which would make it still easier to identify anyone who had used these tools.

So imagine what might have happened had Russia gotten advance notice (either via WikiLeaks, a WikiLeaks associate, or Schulte himself) of these tools? Russia would have had months — starting well before US intelligence had begun to understand the full extent of the election year operation — to identify any of the CIA tools used against it. To be clear, what follows is speculative (though I’m providing it, in part, because I’m trying to summarize the Vault 7 information so people who are experts on other parts of the Russian treason case can test the theory). But if it had, the aftermath might have looked something like Russia’s prosecution of several FSB officers for treason starting in December 2016. And the response — if CIA recognized that its assets had already been compromised by the Vault 7 release — might look something like the Yahoo indictment charging one of the same FSB officers rolled out, with great fanfare, on March 15, just over a week after the Vault 7 release (DOJ obtained the indictment on February 28, after the CIA knew that WikiLeaks had the release coming and months after the treason arrest, but a week before the actual release). That is, Russia might move to prosecute months before the CIA got specific notice, using the years-old complaints of Pavel Vrublevsky to hide the real reason for the prosecution, and the US might move to disclaim any tie to the FSB officers by criminally prosecuting them and identifying many of the foreign targets they had used Yahoo infrastructure to spy on. Speaking just hypothetically, then, that’s the kind of damage we’d expect if any country — and Russia has been raised here explicitly — got advance access to the CIA tools before the CIA did its damage mitigation starting on March 7, 2017.

This scenario (again, it is speculative at this point) is Spy versus Spy stuff, the kind of thing that state intelligence agencies pull off against each other all the time. But it’s not journalism.

And even the stuff that would have happened after the public release of the CIA files would not just have exposed CIA collection points, but also, probably, some of the human beings who activated those collection points.

WikiLeaks would have you believe that nothing that happened after 2013 could change DOJ’s understanding of those earlier exposures of US (and British) assets.

But the very same Mike Pompeo speech that they’ve all been citing explained precisely what changed.

The US Government Formed a New Understanding of WikiLeaks after 2016

Julian Assange’s substantive extradition hearing starts today. (I’m collating a list of journalists covering it from the live feed.)

I view the proceeding with great ambivalence.

I definitely agree that some of the charges against him — there are two theories of publishing charges: conspiring by asking for specific files, including entire databases, and publishing the identities of informants — pose a threat to the press. That said, the Trump Administration has used one of the same theories it is using against Assange to threaten journalists even in the last week (and was, before his superseding indictment) with virtually no cries of alarm from those defending Assange. In addition, charging him for exposing the identities of US and Coalition sources is a well-established crime in the UK, the Official Secrets Act, and (because Coalition sources were included among those WikiLeaks is accused of exposing) could be charged if the extradition against him fails.

The CFAA charge against Assange — particularly as expanded in the latest superseding indictment — does not pose any unique threat to journalism. Indeed, Assange’s alleged co-conspirators in the bolstered CFAA charge were already prosecuted, on both sides of the Atlantic, so there’s no question that the underlying hacking is a viable charge. WikiLeaks supporters have pointed to the unreliability of Siggi and Sabu to question those charges. They’ve focused less on the immunity granted David House for his testimony, though at trial Assange’s lawyers would focus on that, too. They might argue, too, that the US government has spun this particular conspiracy well outside the bounds where participants had made common agreement (if they kept spinning, after all, FireDogLake might get swept up for Jane Hamsher’s ties to House and defense of Manning back in the day).  But those are complaints about the strength of the government case, not the appropriateness of extradition. I suspect the government case is far stronger than shown in the indictment, which currently relies only on publicly available evidence.

Assange’s defense will call a number of experts (Kevin Gosztola discusses them here), many though not all of whom will present important, valid points. They’ll raise important issues about the free speech implications of this case, the dangers of the Espionage Act, America’s atrocious standards of incarceration, and the EDVA venue; the latter three of these, however, are in no way unique to Assange (and venue for him in EDVA is uncontroversial, unlike it has been for others charged in a district where a jury is virtually guaranteed to include people tied to the national security world). They’ll raise evidentiary complaints to which the lawyer representing the US government will present counterarguments. They’ll talk a lot about the Collateral Murder video, which was not charged.

WikiLeaks’ supporters will also exploit the US government’s Mike Pompeo problem, in this case by misrepresenting a comment he bombastically made about the First Amendment when declaring WikiLeaks a non-state hostile actor in the wake of the Vault 7 release.

No, Julian Assange and his kind are not the slightest bit interested in improving civil liberties or enhancing personal freedom. They have pretended that America’s First Amendment freedoms shield them from justice. They may have believed that, but they are wrong.

[snip]

Third, we have to recognize that we can no longer allow Assange and his colleagues the latitude to use free speech values against us. To give them the space to crush us with misappropriated secrets is a perversion of what our great Constitution stands for. It ends now.

[snip]

DIRECTOR POMPEO: Yeah, First Amendment freedoms. What I was speaking to there was, as – was a little less constitutional law and a lot more of a philosophical understanding. Julian Assange has no First Amendment freedoms. He’s sitting in an embassy in London. He’s not a U.S. citizen. So I wasn’t speaking to our Constitution.

What I was speaking to is an understanding that these are not reporters don’t good work to try to keep you – the American government honest. These are people who are actively recruiting agents to steal American secrets with the sole intent of destroying the American way of life. That is fundamentally different than a First Amendment activity, as I understand them, and I think as most Americans understand them. So that’s what I was really getting to.

We’ve had administrations before that have been squeamish about going after these folks under some concept of this right-to-publish. No one has the right to actively engage in the threat of secrets from America with the intent to do harm to it.

This is not the first time the Trump Administration has had a Mike Pompeo problem when prosecuting WikiLeaks-related crimes, nor should it be the last. I believe Joshua Schulte’s attempts to call Pompeo forced the government to back off its claim that Schulte’s decision to leak to WikiLeaks — allegedly in April 2016 and so months before the future CIA Director was still celebrating WikiLeaks leaks of DNC files — was by itself proof of his intent to damage the US. That’s particularly true as Secretary of State Mike Pompeo torches the infrastructure of Human Rights in the world. While I, in no way, believe the Assange prosecution arises from any personal animus Pompeo has for Assange, Pompeo’s role in it and his clear retaliation against the ICC last week will be easy to use to delegitimize the Assange prosecution.

So WikiLeaks will have a lot of good points to present in the next several weeks.

But they’re also expected to tell a number of cynical lies, including with respect to pardon dangles in the US, lies that will detract from the otherwise very important principles they will raise.

I believe the prosecution of Julian Assange as charged poses a number of dangers to journalism.

But I also believe the government has evidence — some of which it may not want to share during extradition and some of which it may not ever share — that Assange is precisely what they say he is, someone with an entire intelligence infrastructure uniquely targeting the US. Of particular note (as I said regarding one of the new allegations in the CFAA charge), I know of multiple allegations, of mixed but in some cases impeccable credibility, that WikiLeaks has used its infrastructure to spy on protected entities — journalists, lawyers, former associates — going back years, long before UC Global allegedly ratcheted up the spying on Assange. The NYT doesn’t spy on its competitors to find out how they might undermine its unique role, and WikiLeaks itself says such spying on Assange is improper, so there’s no basis to claim that when WikiLeaks does it, it’s all good.

Still, even if Assange is the head of a non-state hostile intelligence agency, does that merit prosecution? While the US has sanctioned the heads of hostile state intelligence agencies, with a few notable exceptions, they don’t extend their jurisdiction overseas to prosecute them.

In addition, the allegations of involvement in Russia in all this are well-founded. The folks involved in the LulzSec chatrooms now incorporated into Assange’s CFAA charge acknowledge there were Russians there as well, though explain that the whole thing was so chaotic no one thought that much about it. Only those who aggressively ignore the public case afford WikiLeaks any deniability that it did Russia’s work in publishing the stolen Democratic files in 2016. The Joshua Schulte trial presented evidence he wanted to work with Russia too; while the evidence presented (almost incidentally, a point I hope to return to one day) at trial is quite ambiguous, I first learned about his willingness to work with Russia months before any such allegation made it into a court filing. In addition, I know of one much earlier instance where someone in WikiLeaks’ infrastructure had similar such interests. And that’s before all the allegations that WikiLeaks diverted files damaging to Russia over years.

All of those are my views about the ambivalence of this extradition proceeding, whatever those are worth as someone who has followed WikiLeaks closely from the beginning.

But there’s another point that has gotten virtually no attention, particularly not from WikiLeaks supporters who often make false claims about the investigation into WikiLeaks that conflict with this point. The government’s understanding of WikiLeaks changed after 2016, and so changed after the Obama Administration decided that prosecuting WikiLeaks posed “a New York Times problem.” The multi-volume Senate Intelligence Report talks about this repeatedly, though virtually all instances (such as this passage from Volume III) remain heavily redacted.

A different passage from the same volume, however, explicitly calls WikiLeaks a “coopted third party.”

Despite Moscow’s hist01y of leaking politically damaging information, and the increasingly significant publication of illicitly obtained information by coopted third parties, such as WikiLeaks, which historically had published information harmful to the United States. previous use of weaponized information alone was not sufficient for the administration to take immediate action on the DNC breach. The administration was not fully engaged until some key intelligence insights were provided by the IC, which shifted how the administration viewed the issue.

And, to the very limited extent you can trust the view of a prosecutor trying to coerce testimony from Jeremy Hammond, the people who will prosecute Assange if he’s extradited claim he’s a Russian spy.

This has important implications for the case against Assange, implications that his supporters make aggressive efforts to obscure. First, the surveillance of Assange almost certainly ratcheted up because of actions Assange took in 2016 and 2017, actions that aren’t protected by journalism. As a foreigner who negotiated the receipt of documents with a presumed Russian mouthpiece, Guccifer 2.0 — in what was surely theater played out on Twitter DMs — Assange and WikiLeaks made themselves targetable as foreign intelligence targets in an attempt to learn about the Russian attack on the US. Assange’s multiple efforts to offer Trump’s campaign a unique benefit — picked up in investigative collections targeting others — made Assange a criminal target in a foreign donation investigation, one Mueller declined to prosecute for First Amendment reasons (50 USC 30121 is cited in the single Mueller warrant admitted to be targeting WikiLeaks that has been publicly released). And because of some overt ongoing communications with Joshua Schulte over the course of the former CIA programmer’s prosecution, WikiLeaks’ communications would be collected incidentally off of collection targeting him as the primary suspect in the leak.

Thus, even before Pompeo declared WikiLeaks a non-state hostile actor, Assange had done things that made him targetable in a way that he hadn’t previously been. And burning down the CIA’s hacking capability behind thin claims of public interest and then continuing to communicate with the presumed source surely didn’t help matters.

And, according to multiple public, official government documents, that changed the US government’s understanding of what WikiLeaks is. Public documents make it clear that witnesses (including but not limited to David House) provided new testimony as the government came to this new understanding, even beyond the government’s ill-fated attempt to coerce more testimony out of Chelsea Manning and Hammond. I know of at least two non-public investigative steps the government took as well. On August 20, 2018 — two days before a prosecutor wrote a gag request in EDVA that mistakenly mentioned the sophistication of Assange and the publicity surrounding his case and eight months after Assange was first charged — a Mueller warrant targeting a Guccifer 2.0 email account described an ongoing investigation into whether WikiLeaks and others were conspiring and/or a Foreign Agent, which suggests a similar amount of activity targeting Assange directly in EDVA. The government conducted a great deal of investigation into Assange — predicated off of either activities that have nothing to do with journalism and/or the fact that there was one obvious source for what might be WikiLeaks most damaging publication — that has happened in recent years.

WikiLeaks supporters will cite something that former DOJ Director of Public Affairs, Matthew Miller, said  about how hard it is to distinguish what WikiLeaks does from what the New York Times does.

The problem the department has always had in investigating Julian Assange is there is no way to prosecute him for publishing information without the same theory being applied to journalists.

But Miller made that comment in 2013, before Assange did things that gave the US government reason, entirely independent of things journalists do, to investigate him and WikiLeaks more aggressively. And even in an Administration that might not be in power were it not for Assange’s actions, even after Trump and his associates considered rewarding Assange with a pardon for his help, that has led to a dramatically different understanding of what WikiLeaks is.

That belief — and the government’s still mostly secret evidence for it — does nothing to mitigate the risks of some of the charges against Assange, as currently charged. But it is a fact that should be considered in the debate.

Update: Fixed date of a Mueller warrant I discussed.

Update: Bridges will be posting all the arguments and statements. Thus far they include:

Pompeo’s Latest Attempts To Propel Propaganda On Lab Escape Of SARS CoV-2 Suffer Two Epic Swat-Downs

Recall that back on April 30, I wrote about how the Trump Administration had been orchestrating a propaganda push to claim that SARS CoV-2 was accidentally released from the Wuhan Institute of Virology. Of special importance is that the New York Times article I cited on the topic specifically mentioned Mike Pompeo as one of the primary forces behind pushing the story. Recall also that a part of this propaganda effort came from “leaked” State Department cables.

Apparently, getting called out by the New York Times was not enough to deter Pompeo from this effort. He returned to the airwaves on May 3, telling ABC that there is “enormous evidence” that the virus came from the lab. And then “magically”, but in reality following the aluminum tubes playbook straight out of Cheney’s Iraq WMD playbook, a “report” came into the hands of NBC, who published it May 8. The report purportedly relied on “open source” data to make the case that some sort of accident occurred at the lab in late October, prompting officials to shut down the lab and block roads surrounding it. NBC debunked one aspect of the report in their story, noting that a conference at the lab that the report claims was cancelled in this timeframe actually took place as planned.

Yesterday, Erin Banco and colleagues at Daily Beast published what can only be described as one of the most epic slap-downs of fake intelligence I’ve ever seen. Please go read the piece in full, because summarizing cannot properly capture its full glory.

The dissection of the false intelligence in the report begins with work done by Jeffrey Lewis (one of the best follows on Twitter at @ArmsControlWonk), who utterly destroyed the report’s claims regarding satellite data:

What’s more, imagery collected by DigitalGlobe’s Maxar Technologies satellites and provided to The Daily Beast reveals a simpler, less exotic reason for why analysts believed “roadblocks” went into place around the lab after the supposed accident: road construction. The Maxar images also show typical workdays, with normal traffic patterns around the lab, after the supposedly cataclysmic event.

“This is an illustrated guide on how not to do open source analysis,” said Jeffrey Lewis, director of the East Asia Nonproliferation Program at the Center for Nonproliferation Studies, who analyzed the MACE report for The Daily Beast. “It is filled with apples-to-oranges comparisons, motivated reasoning, and a complete refusal to consider mundane explanations or place the data in any sort of context.”

That’s right. The report took images showing roads blocked for ordinary road construction and claimed they showed that a catastrophic accident in the lab meant that traffic had to be kept away to prevent exposure to the leaked virus.

But the fun doesn’t stop there. I’ll get to who MACE, who prepared the report, is a bit later. The story continues:

MACE’s analysts tried to establish a “pattern of life” at the Wuhan lab in order to reveal what they claim is an anomaly, one purportedly caused by a leak. The MACE document charts the movement of apparent Wuhan lab personnel into and out of the facility leading up to October, when the alleged leak took place. In one slide, analysts wrote that there is an “18 day gap” in which “there were no observable events” from devices at the lab between Oct. 6 and 24, supposedly suggesting an accidental leak.

In doing so, they appear to have been unaware of a key cultural factor complicating the normal course of events: a holiday. “The first week of October is a golden week in China, which is going to disrupt that pattern,” Lewis said.

Yep. The “anomaly” MACE ascribes to leak was in fact an ordinary holiday when activity would be diminished around the lab for a perfectly ordinary reason.

And the Daily Beast investigators spread the fun around, getting the folks at Bellingcat involved in investigating the claims made in the report:

The Daily Beast asked analysts at the award-winning open source investigative news outlet Bellingcat to review the MACE dossier and evaluate the quality of its conclusions. Within minutes of receiving the dossier, Bellingcat senior investigator Nick Waters disproved one of the MACE document’s claims: that a conference on biosafety lab management at the Wuhan lab scheduled for the first week of November was canceled.

But the conference did take place, as NBC first reported. Waters found a Facebook post from a Pakistani scientist who had attended the event and taken selfies there, including at the BSL-3 laboratory.

Wow. And Waters doesn’t stop there:

He also took a dig at one of the many amateurish elements in the MACE presentation. “Perhaps the authors should have spent more time testing their analysis rather than working out how to crop the eye of Sauron into a logo copy-pasted from the internet,” Waters said.

Okay, I got a huge laugh at the eye of Sauron bit. That’s because I’ve run into the folks behind MACE before. As Daily Beast points out, MACE stands for Multi Agency Collaboration Environment. And according to this link they provide, MACE is hosted at a company in Las Vegas by the name of Sierra Nevada Corporation. Way back in 2011, I wrote about a technology called Gorgon Stare, developed by Sierra Nevada Corporation, that claimed to enable real time remote viewing analysis of entire villages in Iraq or Afghanistan from imaging equipment carried by high-flying drones. Of course, this technology turned out to be a very expensive boondoggle that did nothing to help intelligence-gathering. I can’t help wondering if the eye of Sauron bit was an insider joke at Sierra Nevada that Waters understood and shot right back at them to ridicule this report and the old Gorgon Stare technology.

So, while the MACE report clearly originated in the US, what I haven’t seen yet is a clear indication of just when it surfaced, especially when it surfaced for senior Trump Administration officials and the intelligence community. It would not surprise me if it goes all the way back to the propaganda campaign in mid-April I described in my previous post. The version of the report that NBC published has the last several pages redacted with the description that this was done to protect names from being disclosed. That really makes me wonder if the specific question from John Roberts of Fox News to Trump on April 14 about an intern at the lab being infected and then spreading it to her boyfriend and the wet market was based on the redacted portion of the MACE report. All we know about timing is that the report had made its way to Congressional committees by May 8 when NBC published it.

There is another weak intelligence document, though, that this time is traced directly to the State Department. On May 7, the Sydney Morning Herald debunked a “dossier” that had been leaked from the US embassy in Canberra that the Daily Telegraph (a Rupert Murdoch paper in Australia) wrote about on May 2. The Herald says this about Australian officials  looking for the basis of the dossier:

Senior members of the Morrison government and Australian intelligence agencies at first had trouble finding the document. Eventually they found a research report, based on publicly available information including news reports, which appeared to fit the description. The research paper contained no information that was generated from intelligence gathering, according to people who have read it.

Labor MP Anthony Byrne, the deputy chair of the influential intelligence and security committee, was “incensed” by the report of the dossier. Mr Byrne, one of Parliament’s biggest supporters of the US alliance, directly raised his concerns with senior members of the Morrison government and intelligence agencies, saying Australia shouldn’t accept intelligence that doesn’t exist and fall for a “tricked-up document”.

There are now widespread suspicions within senior ranks of the Australian government and the intelligence community that the document was leaked to The Daily Telegraph by a staff member in the US embassy in Canberra. This suspicion, whether true or not, underlines how the positions between sections of Canberra and Washington national security circles have diverged over the claim. Some senior officials clearly believe the US embassy is pushing a narrative in the Australian media that could be counter to the beliefs and interests of its hosts.

The story continues:

The episode highlights the danger of mischaracterising the work of intelligence agencies. Some of the footnotes in the document contained references to US media reports that were based on unsubstantiated assertions from the US government – the same kind of circular intelligence which resulted in the “children overboard” affair in 2001.

Wow. The Herald also goes there, comparing this propaganda ploy to an Australian false information scandal of similar magnitude to the Iraq WMD operation in the US.

But again, Pompeo and those under him seem to be central to this whole operation. The Daily Telegraph story appeared just a day before Pompeo claimed “huge evidence” and likely was based on a document leaked by a US embassy. And then NBC published the MACE document a few days later. I haven’t seen anyone suggest that the document in Australia is the MACE document, but the Herald’s description and debunking of it sure would fit with them being the same or at least having the same source.

Given Pompeo’s central role in spreading propaganda that has been so easily refuted, I can’t help wondering if we will have another shoe drop on the firing of Steve Linick. Note that in his letter to Congress on the firing (which will be complete at the end of a 30 day clock starting Friday night), Trump said it was based on Pompeo’s suggestion that Linick be fired. Also note that we were first told it was because Linick was investigating Pompeo using State Department personnel to run personal errands. Today, that’s been expanded to cover the fast-tracking of arms sales to Saudi Arabia. But in their article on that, CNN notes:

But at this time, House Democrats say they do not yet know which investigation was the biggest factor behind the decision to dismiss Linick.

“I wouldn’t assign percentages,” a Democratic committee aide said.

Democrats on both the House Foreign Affairs and Senate Foreign Relations committees are interested in learning more about Linick’s investigations into Pompeo, and Engel emphasized the importance of cooperation from the administration in his statement Monday.

“The administration should comply with the probe I launched with Senator Menendez and turn over all the records requested from the Department by Friday,” he said, a reference to Sen. Bob Menendez of New Jersey, the ranking Democrat on the Senate Foreign Relations Committee.

I find it hard to believe that Pompeo would have felt truly threatened by either the investigation into using aides for personal errands or expediting the Saudi arms sales. Those just seem like garden variety Trump corruption that gets shrugged off as the next daily outrage appears. However, if Linick had started nosing around the leak of the State Department’s own Wuhan cables and/or the allegation of the leak of the report from the Canberra embassy, I think Pompeo would see a bigger danger. That would represent an investigation into an ongoing propaganda operation in which Pompeo disseminated easily disproved disinformation.

The final beautiful irony here is that if Linick had started such an investigation, it likely was based on open source information. Unlike the MACE information though, this open source information would consist of Pompeo’s own recorded media appearances and the subsequent public debunking of the propaganda. That propaganda getting debunked would be both Pompeo’s direct statements and the debunking of the “supporting” material that appears to have been released either by him or those doing his bidding.

Three Things: The GOP’s Trumpian Death Panels [UPDATE-1]

[Check the byline, thanks! Update at the bottom of this post. /~Rayne]

Remember all the squealing by conservatives and Republican members of Congress back in 2009-2010 during the debate about health care, crying crocodile tears about “death panels“?

Well here they are, death panels brought to you by the same whiny selfish leeches who claimed socialized medicine would result in Democratic bureaucrats picking off Americans to limit health care.

~ 3 ~

I won’t embed video here. Open these links at your own risk, knowing these may be triggering to those who’ve had bad experiences in hospitals.

1 — Bergamo Italy hospital

2 — Brescia and Rome Italy hospitals

But this I’m going to share.

Those are Italian military trucks carrying away the dead to churches and cremation facilities, some outside of Bergamo because Bergamo’s own facilities are at capacity.

This, in a very much pro-life country which is predominantly Catholic.

This, in a country which has more hospital beds per 1000 persons than the U.S.

Some of those patients who are not in ICU have likely been labeled “codice nero” — death is imminent, do not resuscitate — during triage due to the shortage of ventilators. They are more likely to be over 60 years old because they are prioritizing critical care services and equipment for those more likely to survive.

This is what conservatives and Republicans really wanted: death panels, but conducted by the poor overtaxed health care workers who are themselves at risk because of incompetent governance by conservatives and Republicans.

I hope Americans are ready to see the dead hauled away by the truck load after the GOP’s death panel is through with them.

~ 2 ~

$34,927.43.

That’s the price for multiple tests and trips to the ER over seven days for COVID-19 an uninsured Boston-area patient was charged. You can imagine some people aren’t going to want to deal with that bill — or that swamped hospitals may discourage the uninsured — leading to a lack of treatment and more deaths. Many patients will be too sick to hassle with chasing a lower cost approach as charges can vary widely across many health care providers.

A death panel by health care expense.

Capitalism unto death.

~ 1 ~

Death panels may be composed of single individuals.

John Bolton, with Trump’s imprimatur, chose to kill the National Security Council’s pandemic response team, which has now lead to the deaths of Americans.

Mike Pompeo’s crappy diplomatic work failed to develop and build relationships with China, South Korea, other countries facing the same pandemic threat in order to obtain and share usable information and assistance to reduce American deaths.

Jared Kushner and Stephen Miller pulled a grossly negligent EU travel ban out of their asses, executing it so poorly that the resulting crush of travelers in the airports last week will sure increase American deaths in the weeks ahead many times over.

And the malignant narcissist-in-chief continues to push bad information jeopardizing lives both here and abroad after more than two months of inaction. Trump pushed a non-peer reviewed study on hydrochloroquine and azithromycin by tweet today after pushing this drug combo during a presser. There’s already been a run on the anti-malarial potentially hurting lupus patients for whom this has been prescribed; there’ve also been reports of poisonings in Nigeria after users self-medicated with the anti-malarial.

Trump has also mentioned and then lied about the Defense Production Act. There has been no real effort to order production of personal protection equipment for health care workers under the DPA. He’s choosing to expose first responders to COVID-19.

Mass death panels by Trumpism.

~ 0 ~

Sadly, it’s not just Americans who will face so-called conservatives’ death panels. The UK is already entering a state of crisis as its hospitals’ ICUs exceed capacity. There is no sign of constructive decision making by Boris Johnson to alleviate the capacity problem nor realistically halt the rate of infection.

Instead, Johnson’s government and now Trump’s Department of Justice are seeking powers to detain people instead of doing what is already within their ability and purview to do to stem contagion and aid respective health care systems.

Death panels by Tory conservatives and Trump fascists.

By the way, where’s Sarah Palin now? Still licking her polyester-pink wounds after her recent fiasco appearance on The Masked Singer when the show’s death panel gave her the much-deserved axe?

This is an open thread.

UPDATE-1 — 22-MAR-2020 — 11:00 P.M. ET

This video features Rep. Katie Porter’s sister who’s an emergency room physician. She breaks down what the Trump-GOP death panel will decide by the numbers.

Are you one in 50? Or are you one of the 49 which Trump and the GOP have decided in their pro-life hypocrisy won’t be saved?

Meanwhile, Over at Foggy Bottom

“No, you don’t need to be tested. Never mind all those coughing people sitting across the table from you at lunch. I’m sure it’s nothing.”

It’s rough being a career member of the US State Department workforce in the Donald Trump era. In general, much of the work of these people is not particularly affected by the changes in presidential administrations. Passports get issued to US citizens who wish to travel abroad, and visas get processed for those who wish to visit here. Those posted at embassies abroad listen to what is happening around them and report the most interesting stuff back to Foggy Bottom in DC, and they take what they’re told by Foggy Bottom and share it with the country in which they are posted. Big things change, like treaty negotiation postures and diplomatic postures on big picture issues, but the nitty gritty stuff is pretty ordinary and non-controversial.

But now, there’s a new wrinkle: whatever you do, don’t do or say anything that will make the guy who sits in the room with no corners look bad. He does not react well. And that wrinkle makes even the ordinary nitty gritty stuff difficult.

“Domani Spero,” the pseudonym of the author of DiploPundit, means “See you tomorrow, I hope,” which seems a fitting moniker for someone who watches the ins and outs of the State Department. Says he, “DiploPundit wades into leadership and management issues, realities of Foreign Service life, ambassadors and nominations, embassy report cards, current events in countries and regions which may or may not include prominent U.S. interests, and other developments in the international affairs community.” His writing assume that his readers are familiar with State Dept jargon and acronyms, which can put some readers off. On the other hand, for those in and around the US diplomatic community, DiploPundit is a definite place to check in for details that might not make it into general media reporting. Along the way, he occasionally posts items that come from his “burn bag” (State Dept lingo for the receptacle for classified trash that must be burned, rather than taken to the curb), which is his place for receiving anonymous tips. These often come from current State Dept employees, raising issues that they do not feel comfortable in bringing to the attention of their superiors via in-house channels.

Four days ago, DiploPundit noted that the US Embassy in Kingston, Jamaica put out a classic non-denial non-response to a story in the local media. While he didn’t link to the story, he seems to be referring to the Jamaica Observer, which wrote this last Wednesday:

A second case of COVID-19 has been confirmed in Jamaica.

Health Minister Dr Christopher Tufton confirmed the second imported case via Twitter this evening.

Dr Tufton said the second case is a US Embassy employee who returned from the UK.

As you might guess, the US Embassy in Kingston started getting calls about this, their response boils down to “we’re aware of the report and will not confirm or deny it, but we’re working with Jamaican authorities and doing a really deep cleaning of all embassy facilities.”

Three days ago, DiploPundit wrote up a Burn Bag post, sent to him by “sickdips”:

“Members of the Embassy community at one post have fallen seriously ill with COVID-19 symptoms, but the State Department will not test them for COVID-19 or *MEDEVAC them. There is already limited medical capacity at many posts, which will be completely overwhelmed as the pandemic spreads. What is MED waiting for? Protecting our people should be our NUMBER ONE PRIORITY.”

MEDEVAC is exactly what it sounds like – medically evacuate – and MED is the acronym for the State Dept’s Bureau of Medical Services. When I went to MEDs page at State.gov, it had nothing but standard “here’s what we do” language and no news items related to COVID-19 among US embassy staffers.

This led me back to that non-denial non-response. In the middle, there’s one sentence that jumped out at me: “The U.S. Department of State has no greater responsibility than the safety and security of U.S. citizens overseas and locally-employed staff.” Remember what I said at the top? Don’t say or do anything to make the guy who sits in the room with no corners look bad. That’s what’s going on in this statement. “Make sure you tell everyone that we take care of US citizens!”

If sickdips saw this (whether Jamaica is the post about which sickdips was writing or not), it’s probably what prompted sickdips to drop a note to the Burn Bag. Fancy words about protecting the safety of embassy staffers are nice, but actions on the ground like refusing to test after exposure to a known carrier of COVID-19 suggest otherwise.

That was three days ago. The following day, DiploPundit posted a roundup of items about COVID-19 at various embassies, which laid out nine different countries (including Jamaica and Italy) where ordinary services are restricted or the embassies and consulates are completely closed for all but the most extreme emergencies. The list included this observation at the top: “As of this writing, we have not seen any public announcement or guidance from the State Department on COVID-19 for employees or family members. Let us know if we missed any statement from Pompeo or [Undersecretary of State for Management Brian] Bulatao.”

That last sentence was DP poking Pompeo and his chief aide for running the State Department with a very sharp stick, and doing it in a place where everyone in the diplomatic community could and would see it.

That was two days ago. Today, the State Department put out an updated health warning for US citizens thinking about traveling abroad. The short version is this: don’t. The longer version is this:

Global Level 3 Health Advisory – Reconsider Travel

March 15, 2020

The Department of State advises U.S. citizens to reconsider travel abroad due to the global impact of COVID-19. Many areas throughout the world are now experiencing COVID-19 outbreaks and taking action that may limit traveler mobility, including quarantines and border restrictions. Even countries, jurisdictions, or areas where cases have not been reported may restrict travel without notice.

On March 14, the Department of State authorized the departure from any diplomatic or consular post in the world of US personnel and family members who have been medically determined to be at higher risk of a poor outcome if exposed to COVID-19.

The first part of that is the language you’d find in a standard State Department warning, albeit these kinds of warning are usually aimed at specific countries or regions, not the whole world. But the second part of that — the part that begins “On March 14 . . . ” — is not standard. Not at all. It sounds to me as if someone at Foggy Bottom who read DiploPundit’s poke tried to address the concern, but “put it out with the trash” late on Saturday, hoping it wouldn’t get too much attention from the general media, and thus incur the wrath of that guy in the room with no corners.

This is a deeply serious development. This kind of “we’ll pull anybody out of anywhere” statement is damn near unheard of, and the only reason I say “damn near” is to give myself wiggle room should someone with greater historical knowledge step up. I can’t think of anything close, ever.

But even so, as broad and sweeping and unheard-of as this is, I don’t think on it’s face it is enough. As DiploPundit notes, “So the ‘authorized departure’ or voluntary evacuation depends on the determination of the local MED unit or based of current medical clearance?” You remember MED – the same folks that wouldn’t authorize testing personnel who had been in contact with an infected person?

Poke, poke, poke.

UPDATE from DiploPundit:

The cable released by State/M Brian Bulatao says: “Effective March 14, 2020, I hereby approve authorized departure (AD) from any diplomatic or consular post of U.S. direct hire employees or eligible family members (EFMs) as listed on employee orders and defined in 14 FAM 511.3 who, after confidential consultation with MED, have determined they are at higher risk of a poor outcome if exposed to COVID-19, or who have requested departure based on a commensurate justification in foreign areas.”

Our source, not from Public Affairs, interpret this to mean that MED approval is not specifically required but you need to refer to MED when you go tell your boss you want out.

The  last time we had a global authorized/ordered departure order was probably during Y2K, was it? (The State Department at that time also issued an edict stating that all embassies must be prepared to be self-sufficient for 30 days by January 1, 2000).

When Trump gave his speech last week about the “foreign virus” and the need to blockade the EU but not the UK, it was clear that Trump was acting out of his usual playbook: xenophobia, build bigger walls, get revenge on your foes and carve out loopholes for your friends. Since then, clearer heads have pushed Trump to include the UK in his travel blockade, as viruses do not care about the color of your passport. I suspect those clearer heads are folks like Anthony Fauci on the medical side and whoever at State authorized the evacuation of any diplomatic staff from any post over medical concerns.

God bless them both, because it clearly takes the concerted effort of a group of people who are willing to make the guy in the room with no corners look bad if he’s doing stuff that will kill innocent people. And make no mistake: he *is* doing stuff that will kill innocent people. (See Jim’s post on the Customs mess at airports last night.)

Domani spero, everybody. See you tomorrow, I hope.

Hours before She Attempted to Kill Herself, Prosecutors May Have Told Chelsea Manning that Julian Assange Is a Russian Spy

Back when the government first subpoenaed Chelsea Manning, I laid out why that was likely to be counterproductive.

[U]nless there’s a really good legal reason for the government to pursue its own of evolving theory of WikiLeaks’ activities, it doesn’t make sense to rush where former WikiLeaks supporters are headed on their own. In virtually all venues, activists’ reversed understanding of WikiLeaks is bound to have more credibility (and almost certainly more nuanced understanding) than anything the government can offer. Indeed, that would likely be especially true, internationally, in discussions of Assange’s asylum claim.

A charge against Assange in conjunction with Vault 7 or the 2016 election operation might accelerate that process, without foreclosing the government’s opportunity to present any evolved understanding of WikiLeaks’ role in the future (especially if tied to conspiracy charges including the 2016 and 2017 activities).

But getting into a subpoena fight with Chelsea Manning is likely to have the opposite effect.

That’s true, in part, because post-commutation a lot of people worry about the impact renewed pressure from the government against Manning will have, regardless of the legal soundness of it. The government wanted Aaron Swartz to become an informant when they ratcheted up the pressure on him between 2011 and 2013. They didn’t get that information. And his suicide has become a key symbol of the reasons to distrust law enforcement and its ham-handed legal tactics.

Yesterday, Manning tried to kill herself. While the statement released by her lawyers notes that she has a hearing tomorrow on whether she should be freed because no amount of coercion will make her cooperate with the grand jury, the statement is silent about the fact that she was brought before the grand jury yesterday, hours before the suicide attempt.

I know of no account of what happened in that grand jury appearance. But Jeremy Hammond was also brought before the grand jury in advance of a hearing, also on Friday, in a bid to be freed (in Hammond’s case, he’d be released back into federal prison to serve out his sentence for hacking Stratfor). He gave an account of the appearance in an interview yesterday (the part about the grand jury starts after 41:20). Hammond described how, before entering the grand jury, the prosecutor asked whether there was anything the government could do to get him to change his mind about not testifying.

“What could the United States government do that could get you to change your mind and obey the law here? Cause you know” — he basically says — “I know you think you’re doing the honorable thing here, you’re very smart, but Julian Assange, he’s not worth it for you, he’s not worth your sacrifice, you know he’s a Russian spy, you know.”

The questions he was asked in the grand jury were apparently no surprise: the prosecutor asked whether Assange asked Hammond to hack any websites. Hammond describes the questions as the same as were asked in his last appearance, in September. Because Hammond decided to answer in the same way Bartleby the Scrivener answered questions — by saying he preferred not to answer — the prosecutor afterwards tried to chat up Hammond about world literature. He even reminded that Bartleby died in prison. The prosecutor then repeated that Assange is a Russian spy.

He implied that all options are on the table, they could press for — he didn’t say it directly, but he said they could press for criminal contempt. … Then he implies that you could still look like you disobeyed but we could keep it a secret — “nobody has to know I just want to know about Julian Assange … I don’t know why you’re defending this guy, he’s a Russian spy. He fucking helped Trump win the election.”

Hammond asked why Assange wasn’t charged in the 2016 operation, and the prosecutor appears to have responded that the extradition would take a long time. One of the prosecutors reminded Hammond that one of his Anonymous co-defendants was now a professor in the UK. One asked whether Hammond would discuss Sabu, which surprised him. Hammond said that Sabu was the only one who asked him to hack into any websites. The FBI officer in the room pulled out a notebook and started taking notes.

There’s no indication that prosecutors said the same things to Manning as they did to Hammond, though this is the same grand jury and same prosecutors and both are obviously being asked about Assange.

Which means it is likely that hours before Manning attempted to kill herself, prosecutors tried to get her to answer questions about the man she sent entire databases of secrets to by claiming he is a Russian spy. They may well now have evidence of that — but if they used that tack, they were basically asking Manning to testify that the understanding she has of her own actions are entirely wrong and that the sacrifices she made were for a purpose other than the one she believed in.

Sadly, if Hammond is any indication, Manning is also getting a distorted view of the extradition fight over Assange. As I have noted, WikiLeaks supporters are telling at least three outright lies by:

  • Pretending that discussions of a pardon only started in August 2017, in exchange for testimony claiming that Russia didn’t hack the DNC, rather than started well before the FBI investigation into Trump’s campaign was public, as either an implicit or explicit payoff for election assistance
  • Claiming that Mike Pompeo’s designation of WikiLeaks as a non-state hostile intelligence agency was part of the larger attack on the press that formally started four months afterwards and presenting his claim that the First Amendment doesn’t protect someone stealing American secrets solely to destroy America out of context
  • Distorting the timing of UC Global’s increased surveillance of Assange to hide that it followed the Vault 7 publication

These are cynical, transparent lies being spread by a bunch of people claiming to support journalism. Probably, WikiLeaks supporters are also lying about how Assange repeatedly got tipped off to prosecutorial steps against him, presenting that as proof of Trump’s hostility against Assange.

Earlier in yesterday’s interview, Hammond adopted the distorted claim about Pompeo as “proof” that Assange’s prosecution is political and also that Trump has hostility to the guy who helped him get elected. I doubt whether having an accurate understanding of this would have changed Hammond’s decision not to testify, but he does, apparently, believe the lies.

And I doubt whatever prosecutors told Manning yesterday was the sole cause of yesterday’s attempt. Her attorneys had tried unsuccessfully to prevent yesterday’s testimony, which doesn’t make sense in the context of this week’s hearing unless they believed that even appearing before the grand jury would cause Manning a great deal of stress.

I have no idea what Assange’s relationship with Russia is — that’s presumably the entire point of the grand jury. There’s no doubt there were Russians in chat rooms where the Stratfor hack happened and that Assange was in discussions during the hacks. Obviously, Assange played a key role in the 2016 Russian operation as well as efforts after the fact to invent hoaxes to disclaim Russian involvement. And Joshua Schulte expressed (sometimes contradictory) willingness to seek Russian help after he allegedly sent CIA’s hacking tools to WikiLeaks.

But making such claims amid the stress of a grand jury appearance — if they, in fact, did so — isn’t going to help someone who has a history of self-harm.

Kim DotCom Posts Evidence Trump’s “Best Friend (Name Redacted)” in Pardon Discussions

Last night, Kim DotCom tried to take credit for brokering the meeting at which Dana Rohrabacher tried to pardon a pardon deal whereby Julian Assange would claim Seth Rich was his source for the DNC emails and Trump would pay him off with a pardon. He posted a bunch of texts with “Trumps best friend (name redacted)” where he pushed his  interlocutor to get Trump to take a public step in favor of the deal.

Only, the name of Trump’s “best friend (name redacted)” was not actually redacted.

While I have no doubt DotCom is overselling his own role in this, it does appear he was talking directly to Sean Hannity about it.

Which would suggest a real continuity between whatever happened when Hannity met Assange in January 2017, not long after Roger Stone reached out to Margaret Kunstler to discuss a pardon, and what happened in August 2017, when Dana Rohrabacher resumed discussion of the pardon. That suggests pardon discussions were not — as WikiLeaks is now falsely portraying — a one-time bid that got rejected, leading to Assange’s prosecution, but rather continued from late December 2016 until at least August 2017, through the time when Mike Pompeo labeled WikiLeaks a non-state hostile intelligence agency.

Hot and Cold Running Mike Pompeo and Other Ridiculous WikiLeaks Defense Claims

Today is the first day of Julian Assange’s fight to avoid extradition. In addition to legitimate First Amendment concerns about extraditing Assange on the charges as written, Assange is challenging the extradition with some very selective story-telling to pretend that he’s being prosecuted for political reasons.

For example, WikiLeaks is pointing to the Dana Rohrabacher pardon discussion in August 2017 to suggest that Trump was extorting Assange, demanding he provide certain details about the 2016 hack (details that are consistent with the lies that Assange told consistently about Russia’s role in the hack-and-leak) or else he would prosecute him. Unsurprisingly, WikiLeaks did not mention that discussions of a pardon started at least as early as December 2016 as payback for his role in the election, and continued in February 2017 as Assange tried to use the Vault 7 files to extort a pardon. If you can believe Roger Stone, pardon discussions continued even after DOJ first charged Assange in December 2017until early January 2018 (though that may have been an attempt to silence Randy Credico and thereby keep details of what really happened in 2016 secret).

WikiLeaks is also misrepresenting the timing of the increased surveillance by UC Global in December 2017 to suggest Assange was always being surveilled that heavily.

I will pass over the intervening period during which Julian Assange continued to have his conversations with his lawyers and family constantly monitored and recorded by a private agency acting on the instructions of US intelligence and for their benefit.

As slides from Andrew Müller-Maguhn make clear, the surveillance only began to really ratchet up in December 2017, after Assange had helped Joshua Schulte burn CIA to the ground (and at a time when WikiLeaks remained in communication with Schulte).

Assange’s team then mis-states when Trump’s war on journalists began, suggesting it preceded the April 2017 targeting of Assange, rather than came in August 2017.

That temporal slight is necessary because Assange’s team is claiming that Mike Pompeo decided to attack WikiLeaks in April 2017 out of the blue, out of some kind of retaliation.

That is why the prosecution of Mr. Assange, based on no new evidence, was now pursued and advocated by the Trump administration, led by spokesman such as Mike Pompeo of the CIA and Attorney General Sessions. They began by denouncing him in April 2017. I refer you to the following:

i. Firstly, the statements of Mr. Pompeo, as director of the CIA, on 13 April 2017, denouncing Julian Assange and WikiLeaks as “a non-state hostile intelligence agency“. [Feldstein, tab 18, p19 and K10] On the same occasion, Pompeo also stated that Julian Assange as a foreigner had no First Amendment rights (See Guardian article, bundle K)

ii. Then there was the political statement of Attorney General Sessions on 20 April 2017 that the arrest of Julian Assange was now a priority and that ‘if a case can be made, we will seek to put some people in jail‘ [Feldstein quoting Washington Post article of Ellen Nakashima, tab 18, at page 19]

That’s thoroughly absurd. Pompeo’s speech was entirely about CIA’s response to have been burned to the ground by WikiLeaks. This passage makes clear that, in his prepared speech at least, Pompeo’s comments about the First Amendment don’t pertain to him being a foreigner at all (I’m going to pull the video).

No, Julian Assange and his kind are not the slightest bit interested in improving civil liberties or enhancing personal freedom. They have pretended that America’s First Amendment freedoms shield them from justice. They may have believed that, but they are wrong.

[snip]

Third, we have to recognize that we can no longer allow Assange and his colleagues the latitude to use free speech values against us. To give them the space to crush us with misappropriated secrets is a perversion of what our great Constitution stands for. It ends now.

Here’s what he said in questions:

DIRECTOR POMPEO: Yeah, First Amendment freedoms. What I was speaking to there was, as – was a little less constitutional law and a lot more of a philosophical understanding. Julian Assange has no First Amendment freedoms. He’s sitting in an embassy in London. He’s not a U.S. citizen. So I wasn’t speaking to our Constitution.

What I was speaking to is an understanding that these are not reporters don’t good work to try to keep you – the American government honest. These are people who are actively recruiting agents to steal American secrets with the sole intent of destroying the American way of life. That is fundamentally different than a First Amendment activity, as I understand them, and I think as most Americans understand them. So that’s what I was really getting to.

We’ve had administrations before that have been squeamish about going after these folks under some concept of this right-to-publish. No one has the right to actively engage in the threat of secrets from America with the intent to do harm to it.

Mike Pompeo is and always will be a problematic figure to make this argument.

But all the evidence shows that Assange’s surveillance and prosecution arose in response to the Vault 7 leaks, not Trump innate hatred for journalists.

Update: Here are the Prosecution’s Opening Statement and Skeleton Argument.

Joshua Schulte Doubles Down on Forcing Mike Pompeo to Testify in His Trial

As I laid out, accused Vault 7 leaker Joshua Schulte is (predictably) trying to force Mike Pompeo to testify at his trial (the parties apparently have reached an agreement on the rest of Schulte’s human graymail bid). In the single filing submitted under his name since he got added to the trial team, James Branden justifies that request, in part, on what I have noted: the future CIA Director was cheering WikiLeaks’ publication of stolen emails months after Schulte allegedly sent CIA’s hacking tools to WikiLeaks in July 2016.

Further, in this case, the government has sought to establish the grave harm of a WikiLeaks leak while just months after Mr. Schulte allegedly leaked, Sec. Pompeo championed WikiLeaks’s publication of the stolen DNC emails on social media. This disconnect, too, is ripe for examination.

The Senate should never have confirmed such a person to lead the CIA for just this reason: because he would forever lose the ability to claim high ground with regards to WikiLeaks. Given that Pompeo himself is the one who first named WikiLeaks a non-state hostile intelligence service, this seems like a fair basis for questioning.

Branden cites two other reasons to justify calling Pompeo. As CIA Director, he approved the use of sensitive information to obtain search warrants to target Schulte in March 2017, and some of that information turned out to be (slightly) wrong.

Further, less than a week after the disclosure, Sec. Pompeo approved the substance of the first search warrant application, authorizing the FBI to make various statements therein, at least some of which later proved untrue.

Judge Paul Crotty rejected a challenge to these warrants, but putting Pompeo on the stand would provide the defense a memorable way to highlight those details. The government can probably argue, correctly, that Pompeo made no firsthand assertion about the credibility of those details, he simply said the leak was damaging enough that the CIA was willing to share sensitive information in hopes of prosecuting it. There are other reasons that Pompeo’s actions in advance of these warrant applications are of acute interest, but I doubt questions eliciting them would be permitted.

Schulte also wants to ask Pompeo about an imagined role he had in the charging decisions.

The defense also seeks to inquire of Sec. Pompeo whether he directed his staff to push charges against Mr. Schulte to the exclusion of anyone else or to the exclusion of exculpatory evidence.

For a lot of reasons, the government could probably move to exclude this discussion, even if it existed in substance, as prosecutorial decisions don’t get shared with defendants. Still, Schulte seems to have a theory of defense here — some reason he believes Pompeo would want to limit the focus to Schulte — that might be more inculpatory than he imagines.