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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.

Rat-Fucker Rashomon: Trolling for Russia

With one exception, the SSCI Report does a tremendous job cataloging how people with a stake in the 2016 hack-and-leak operation undermined the Russian attribution of it. It includes an entire section on Russia’s efforts to undermine the Russian attribution, in which Konstantin Kilimnik plays a starring role and Manafort significantly follows. It describes WikiLeaks’ false attribution, mentioning the Seth Rich hoax explicitly. It includes several paragraphs describing the campaign’s claimed ignorance about the source of the stolen emails, framing it in terms of the October 7 DHS/ODNI assessment.

The Campaign tried to cast doubt on the October 7 joint DHS/ODNI assessment formally attributing the activity to Russia, and was indifferent to the significance of acquiring, promoting, or disseminating materials from a Russian intelligence services hack-and-leak campaign.1436

1436 (U) In contrast to the Campaign’s decision, other lawmakers refused to engage in such exploitation of the stolen material. For example, in an October 2016 interview, Senator Marco Rubio said that he would “not discuss any issue that has become public solely on the basis of WikiLeaks,” noting that “these leaks are an effort by-a foreign government to interfere with our electoral process, and I will not indulge it.” Jonathan Karl and Benjamin Siegel, “Exclusive: Rubio Won’t Talk About WikiLeaks, and Neither Should Donald Trump,” ABC News, October 19, 2016.

[snip]

(U) While the Campaign was using the WikiLeaks documents, Trump cast doubt on the assessment that Russian government hackers were responsible for the hack-and-leak campaign. At the second presidential debate on October 9, Trump asserted: “maybe there is no hacking.” 1704 In testimony to the Committee, Stephen Miller claimed that the Campaign did not know who was responsible for the hacks “one way or the other.”1705 But this uncertainty did not stop Trump or Campaign officials from minimizing Russian involvement at other times, suggesting that it was an “absurd claim” to say that the Kremlin was promoting the Trump Campaign1706; that “the DNC did the ‘hacking”‘ as a distraction1707; that the Democrats were “putting [it] out” that the Russians were responsible; and that it was “unlikely” that the Russians did it1708 or that nobody knew it was Russia, and it “could also be China” or “lots of other people.”1709 According to Gates, the Campaign was “not concerned with how or who hacked” the documents, but just sought to release emails as quickly as possible. 1710

(U) Among the theories espoused by Trump Campaign officials, Manafort expressed a belief that the Ukrainians were responsible, not the Russians. 1711 Gates said that this “parroted a narrative [Konstantin] Kilimnik often supported.” 1712 According to Gates, Kilimnik also asserted that the hack could have been done by “Russian operatives in Ukraine.” 1713 Gates was not aware of Manafort asking Kilimnik “to reach out to his Russian contacts” about the source of the leaked materials, and was not himself asked to contact Kilimnik about it. 1714 The Committee has determined that this theory espoused by Kilimnik and Manafort has no factual basis.1715 Gates and others also decided to promote the story that a DNC insider had been involved in the hacks.1116

SSCI’s invocation of the doubts Trump aired in the October 9, 2016 debate is of particular note, coming as it did just days after the John Podesta release. Trump’s comment was something that Mueller’s team asked numerous witnesses about.

Yet SSCI doesn’t include a focused discussion of all the ways Roger Stone — who appears to have met with Trump on October 8, 2016 — undermined the Russian attribution. As noted in this post of this series, one of the affidavits targeting Stone suggests Stone optimized the release of the John Podesta emails to overwhelm any attention to that October 7 attribution statement.

Perhaps the closest the SSCI Report comes to describing Stone’s efforts to troll for Russia is where — in entirely different sections of the report — the SSCI Report documents Stone’s flip flop on the Russian role in hacking the DNC. On page 224 of the SSCI Report, it describes how Stone told Gates (in July 2016) that the stolen files may have come from Russia.

In one call during that period, Stone also told Gates that the WikiLeaks information could be from the Russians. However, Gates did not recall Stone suggesting a connection between WikiLeaks and Russia. Gates also thought that Stone could have based his theory of Russian involvement on publicly available information. 1452

On pages 194-195, the SSCI Report describes how days later, Stone started claiming that Guccifer 2.0, whom he did not treat as Russian, had hacked the DNC.

On August 5, 2016, Stone penned an opinion piece asserting that Guccifer 2.0, not the Russians, had hacked the DNC, and repeating the false claims made by the GRU on the Guccifer 2.0 website and Twitter account. 1250 On August 12, the GRU released DCCC records, including the cell phone numbers and email addresses of almost all Democrats in the House of Representatives through the Guccifer 2.0 persona, 1251 and tweeted publicly at Stone: “thanks that u believe in the real #Guccifer2.”1252 When Twitter then suspended the Guccifer 2.0 account, WikiLeaks complained: “@Guccifer _ 2 has account completely censored by Twitter after publishing some files from Democratic campaign #DCCC.”1253 Stone also tweeted at WikiLeaks and the Guccifer 2.0 persona in response to the suspension, calling it “outrageous”1254 and referring to Guccifer 2.0 as a “HERO.”1255

Yet even though it includes this flip flop across two places thirty pages apart without noting it, the SSCI report doesn’t describe how, in the same period, Stone started pushing the Seth Rich hoax. Nor does it describe how long he continued to argue there was no proof that Guccifer 2.0 was Russian.

Perhaps the SSCI Report’s silence about Stone’s efforts to undermine the Russian attribution is a focus adopted from the Mueller Report. Like the SSCI Report, the Mueller Report describes WikiLeaks’ efforts to undermine the Russian attribution of the hack by pinning it on Seth Rich.

Beginning in the summer of 2016, Assange and WikiLeaks made a number of statements about Seth Rich, a former DNC staff member who was killed in July 2016. The statements about Rich implied falsely that he had been the source of the stolen DNC emails. On August 9, 2016, the @WikiLeaks Twitter account posted: “ANNOUNCE: WikiLeaks has decided to issue a US$20k reward for information leading to conviction for the murder of DNC staffer Seth Rich.” 180 Likewise, on August 25, 2016, Assange was asked in an interview, “Why are you so interested in Seth Rich’s killer?” and responded, “We’re very interested in anything that might be a threat to alleged Wikileaks sources.” The interviewer responded to Assange’s statement by commenting, “I know you don’t want to reveal your source, but it certainly sounds like you’re suggesting a man who leaked information to WikiLeaks was then murdered.” Assange replied, “If there’s someone who’s potentially connected to our publication, and that person has been murdered in suspicious circumstances, it doesn’t necessarily mean that the two are connected. But it is a very serious matter … that type of allegation is very serious, as it’s taken very seriously by us.”181

But neither describes Stone’s parallel and in many ways far more systematic efforts to sow the Rich hoax, efforts which extended well beyond the election and recruited involvement from the likes of Sean Hannity (who will be deposed by Joel Rich’s lawyers on this subject on October 30) and Alex Jones.

On this point as most others, the Stone prosecution unsurprisingly adopts the same general scope as the Mueller Report; like it, the indictment did not touch on Stone’s role in fostering the Seth Rich conspiracy. That said, prosecutors expended significant effort preventing Stone from using the prosecution to sow propaganda in the court room about Russian attribution (as Yevgeniy Prigozhin’s trolls succeeded in doing).

But the affidavits in the Stone investigation (as we’ve seen elsewhere) break from the pattern. They focus closely on Stone’s social media activity — activity which would ultimately get Stone gagged by Amy Berman Jackson, the judge presiding over his trial, and activity that would get fake accounts created for him starting during the election removed by Facebook. At least eight of the warrants obtained towards the end of the Stone investigation targeted Internet infrastructure used to support social media campaigns.

It’s unclear exactly what investigators were looking for, though. After all, using fake accounts, while a violation of social media terms of service, is not illegal by itself.

For some of these accounts, investigators were collecting forensic data in an effort to tie Stone’s known online activity to very damning Google searches — indicating knowledge of the Russian hack-and-leak while the hackers were still in DNC servers — they believed to be Stone. In addition, the warrant where the investigation started to incorporate evidence and testimony from Steven Bannon listed wire fraud among the crimes under investigation, which prosecutors sometimes charge if someone raises money for one purpose — say, purporting to fund a PAC supporting one cause — and use it for another purpose (this is precisely what got Bannon indicted by SDNY).

But some of investigators’ focus appears to pertain to the content Stone pushed, his efforts to undermine the Russian attribution, including his sustained claims that Guccifer 2.0 wasn’t Russian. After one of the guys who did social media for him provided details of the effort, investigators started incorporating Stone’s social media activity into affidavits.

Based on search warrant returns for STONE’s account [redacted], between on or about October 31, 2016 and November 3, 2016, [redacted] received receipts from Facebook for the purchase of a number of advertisements associated with the Target Account, including advertisements with the following excerpted titles (as set forth in the receipts):

  • “BREAKING: New #Wikileaks emails prove that Team … “
  • “Roger Stone talked about WikiLeaks, Donald Trump, … “

90. Additionally, on or about March 31, 2017, STONE received a Facebook receipt at his Hotmail account for advertisements associated with Target Account 1, with the following excerpted titles (as set forth in the receipt):

  • “Stone Rebuts Charge of Russian Collusion”
  • “I am not in touch with any Russians, don’t have … ,”
  • “The charge that I am working for Russian … ,”
  • “In fullest statement yet on DNC hacking … “
  • “ROGER STONE – NO consensus that Guccifer 2.0 is a … “

Mueller’s investigators might simply have been tracking the Podesta effort and the later cover-up (though, again, none of it showed up in a trial on the cover-up). But some of the later warrants that included gags, including the one that specifically said prosecutors were trying to keep Stone in the dark about the scope of their investigation, targeted social media, too.

Whatever the point of that investigative focus, Stone at least believed that his efforts to optimize the stolen files could make the difference in getting Trump elected. Moreover, he played a role at key moments in how others understood the provenance of the documents, possibly even in Trump public doubts in the second debate. Stone had more incentive than anyone to claim that Russia wasn’t behind the hack, his efforts to push that narrative were in many ways more sustained than other efforts, and the way in which he tried to rebrand Guccifer 2.0 as something other than a Russian persona was a key claim in his false HPSCI testimony. Indeed, Trump appears to have picked up some of the attacks on Russian attribution that his rat-fucker first pushed, which has since snowballed into a systematic effort to dismantle any part of the government with expertise in Russian operations and organized crime.

And yet the SSCI Report, completed in the wake of and incorporating the affidavits, which incorporated some of the Ukrainian based disinformation still being chased by Republicans, makes little mention of Stone’s campaign to undermine the Russian attribution, and how closely it tied to WikiLeaks’ own such campaign.


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.

Rat-Fucker Rashomon: Steve Bannon and Dirty Tricks

Thus far in my Rat-Fucker Rashomon story, I’ve shown strong evidence that Roger Stone not only knew that John Podesta’s emails were coming, but knew or had the contents of some documents pertaining to an attack he had already been making on John Podesta. I showed that the timing of that release — via whatever means — likely served more to drown out the Russian attribution than the Access Hollywood tape, which has important implications for how he might have coordinated with WikiLeaks. And I suggested that the evidence Stone had far earlier knowledge of what the Russians were doing, even during the period when they were still hacking the DNC’s servers, makes some of all this focus on Podesta less important.

But there’s a limit to that claim. That’s because we still don’t know whether, when Stone promised he knew how to get Trump elected in the same period he was pursuing the Podesta files, that plan consisted just of optimizing the Podesta files, or whether there was something more. That makes the stories not told at Roger Stone’s trial all the more exasperating.

One of the most unsatisfying aspects of the Roger Stone trial, particularly for inattentive watchers, was that prosecutors never told us how Stone had gotten advance knowledge of what stolen emails would be released — nor even asserted as fact that he did.

As I keep noting, that’s not what they had to prove to win a guilty verdict.

But even more frustrating is the way DOJ proved its case that Stone had discussed WikiLeaks with the campaign. On at least three different occasions, the prosecution pointed to far more enticing communications about what really happened, but did not tell us what those communications meant.

The texts between Stone and Erik Prince on October 4, 2016 are one innocuous example.

They clearly pertain to WikiLeaks, which is all the prosecution needed to prove — that Stone had communications with people like Prince about advance knowledge of WikiLeaks that he subsequently lied about to cover up. But in the exhibit (which was entered by the FBI Agent; Prince was not called as a witness) there’s a reference — “Yes,” Stone confirmed he had heard more “from London” in the interim 7.5 hours since he had told Prince he was “checking” whether Assange had chickened out, then said, “want to talk on a secure line — got Whataspp?” to something far more interesting.

Affidavits obtained in early 2019 show that Stone first downloaded WhatsApp on October 4, suggesting he downloaded it solely to communicate with Prince (even though Stone already had Signal on his phone).

This is one of the rare areas where the Mueller Report provided more evidence than appeared at the trial. It revealed that Prince testified that,

Stone and Prince did speak subsequently, and Stone said that WikiLeaks would release more materials that would be damaging to the Clinton campaign. Stone also indicated to Prince that he had what Prince described  as almost “insider stock trading” type information about Assange.

But Prince didn’t testify at the trial, and it would be beyond the scope of what prosecutors needed to prove, and so we didn’t get to hear more about this “insider stock trading” information. Damnit.

In two other cases, though, prosecutors pointed to more substantive discussions that weren’t clearly labeled as WikiLeaks discussions, but which prosecutors presented as evidence that Stone was talking to the campaign about the upcoming releases. One was the August 3, 2016 email to Paul Manafort where he floated “an idea … to save Trump’s ass.”

As I noted in this post, Manafort seemed to try to hide this email and any follow-up conversation up in an interview with Mueller. And while Stone’s defense challenged whether this email was really related to WikiLeaks, in his closing argument, Jonathan Kravis argued that the plan was to use WikiLeaks releases to discredit Hillary.

On August 3rd, 2016, Stone writes to Manafort: “I have an idea to save Trump’s ass. Call me please.” What is Stone’s idea to save Trump’s ass? It’s to use the information about WikiLeaks releases that he just got from Jerome Corsi. How do know that’s what he had in mind; because that’s exactly what he did. As you just saw, just days after Stone sends this email to Paul Manafort, “I have an idea to save Trump’s ass,” he goes out on TV, on conference calls and starts plotting this information that he’s getting from Corsi: WikiLeaks has more stuff coming out, it’s really bad for Hillary Clinton.

Tactically, introducing the email was not at all necessary. Prosecutors had more than proven that Stone had lied about talking to the campaign. And the SSCI Report makes clear there was a shit-ton of other evidence that made this clear they could have used instead. But for whatever reason, they did include it, tying Stone’s attempts to cover up these conversations with the way Trump won.

Prosecutors introduced a similar exchange with Steve Bannon, the guy who took over from Manafort weeks later: an August 18, 2016 email exchange  where Stone claimed Trump could “still win” … “but it ain’t pretty,” and Bannon responded by asking to talk ASAP.

Manafort didn’t testify at Stone’s trial. But Bannon did. Prosecutors had Bannon sitting there on the stand, forcing him to repeat what he had said to a grand jury earlier in the year, yet they only asked him to say this much about what all this means, in which he begrudgingly admitted he believed this discussion about using social media to win was about WikiLeaks:

Q. At the bottom of this email Mr. Stone states, “Trump can still win, but time is running out. Early voting begins in six weeks. I do know how to win this, but it ain’t pretty. Campaign has never been good at playing the new media. Lots to do, let me know when you can talk, R.” Did I read that correctly?

A. That’s correct.

Q. Then you respond, “Let’s talk ASAP”; am I correct?

A. That’s correct.

Q. When Mr. Stone wrote to you, “I do know how to win this but it ain’t pretty,” what in your mind did you understand that to mean?

A. Well, Roger is an agent provocateur, he’s an expert in opposition research. He’s an expert in the tougher side of politics. And when you’re this far behind, you have to use every tool in the toolbox.

Q. What do you mean by that?

A. Well, opposition research, dirty tricks, the types of things that campaigns use when they have got to make up some ground.

Q. Did you view that as sort of value added that Mr. Stone could add to the campaign?

A. Potentially value added, yes.

Q. Was one of the ways that Mr. Stone could add value to the campaign his relationship with WikiLeaks or Julian Assange?

A. I don’t know if I thought it at the time, but he could — you know, I was led to believe that he had a relationship with WikiLeaks and Julian Assange.

Even though prosecutors didn’t lay out precisely what happened next — something that other evidence suggests may have implicated Jared Kushner — Stone’s team never challenged the prosecution claim that this email and the subsequent exchanges did pertain to WikiLeaks. Perhaps, because they had reviewed Bannon’s grand jury and more recent testimony, they knew how he would respond and thought better off leaving it unchallenged.

Perhaps, too, they didn’t want to have to explain how long this exchange persisted. For example, the Stone affidavits — starting with one obtained after Bannon’s first testimony — showed this particular email exchange lasted two more days, through August 19 and 20 (the day before the Podesta “time in the barrel” tweet).

On August 19, 2016, Bannon sent Stone a text message asking if he could talk that morning. On August 20, 2016, Stone replied, “when can u talk???”

And those discussions may have continued into face-to-face meetings in September.

On September 4, 2016, Stone texted Bannon that he was in New York City for a few more days, and asked if Bannon was able to talk.

[snip]

On September 7, 2016, Stone and Bannon texted to arrange a meeting on September 8, 2016 at the Warner Center in New York.

On September 7, 2016, Bannon texted Stone asking him if he could “come by trump tower now???”

On September 8, 2016, Stone and Bannon texted about arranging a meeting in New York.

This is a lot of back-and-forth to discuss the “the tougher side of politics.”

The August exchange is one of the most substantive things presented at Stone’s trial that doesn’t appear in the Mueller Report.

It does show up, in abbreviated form, in the SSCI Report, but given what else SSCI includes, how the bipartisan report described Trump’s campaign manager eagerly responding to the rat-fucker deserves note. The SSCI Report describes how Gates and Manafort responded to Stone’s proposal — amid these promises of additional WikiLeaks releases — of a plan “to save Trump’s ass” right in the body of the report.

Stone spoke by phone with Gates that night, and then called Manafort the next morning, but appeared unable to connect. 1559 Shortly after placing that call, Stone emailed Manafort with the subject line “I have an idea” and with the message text “to save Trump’s ass.”1560 Later that morning, Manafort called Stone back, and Stone tried to reach Gates again that afternoon. 1561

Bizarrely, the SSCI Report relegates the parallel conversation with Stone involving Steve Bannon, just two weeks later, to a footnote.

1589 (U) Ibid.; Testimony of Steve Bannon, United States v. Stone, pp. 850, 857- 861. In an email on August 18, Stone wrote to Bannon: “I do know how to win this but it ain’t pretty.” Email, Stone to Bannon, August 18, 2016 (United States v. Stone, Gov. Ex. 28). Bannon responded, “Let’s talk ASAP.” Ibid.

This is the guy who was in charge when the Podesta emails dropped. And yet the SSCI Report buries the fact that with Bannon, too, Stone pitched a plan to win using WikiLeaks. Moreover, the SSCI Report doesn’t mention that that plan focused on social media at all, or that discussions about it may have extended over three weeks.

And yet, having buried this pitch from Stone about using social media to win in a footnote, the SSCI Report then provides six pages of detail about how central the Podesta files were to the campaign, including in their social media campaign.

Before it presents that, however, the SSCI Report provides important context to an email exchange involving Stone and Bannon included in the Mueller Report, the Stone indictment, and released at the trial, context none of the other stories provide. It shows that before Breitbart reporter Matthew Boyle emailed Stone to find out what was up with Assange on October 4, Bannon had already reached out to Breitbart’s editors to track the release.

(U) The Trump Campaign tracked Stone’s commentary and the news about WikiLeaks. On October 2, Andrew Surabian, who ran the Campaign’s war room, emailed Stone’s Twitter prediction about a Wednesday release to Bannon, Kellyanne Conway, and the Trump Campaign press team. 1643 On October 3, Dan Scavino emailed the October 3 WikiLeaks Twitter announcement to Bannon.1644 That evening, Bannon reached out to two Breitbart editors, Wynton Han and Peter Schweizer, to ask if they would be awake “to get what he [Assange] has live.”I.645

(U) Separately, also on October 3, Bannon received an email from Matthew Boyle, another Breitbart editor, forwarding Boyle’s correspondence from earlier that day with Stone. In it, Boyle had asked Stone, “Assange-what’s he got? Hope it’s good.” Stone responded, “It is. I’d tell Bannon but he doesn’t call me back.” In his email to Bannon, Boyle advised Bannon to call Stone, and when Bannon said he had “important stuff to worry about,” Boyle replied, “Well clearly he knows what Assange has. I’d say that’s important.”1646

[snip]

(U) Trump was frustrated with the absence of a WikiLeaks release on October 4. Gates recalled that Trump had anticipated something would be released and later asked: “When is the other stuff coming out?”1653

(U) Following the announcement, Bannon complained to Stone by email about the lack of any new releases, asking “what was that this morning???”1654 Bannon wrote to Stone because Stone had said he “knew WikiLeaks and knew Julian Assange.”1655 Stone responded, echoing information he had received from Credico and Assange’s own announcement: “Fear. Serious security concern. He thinks they are going to kill him and the London police are standing done ” [sic]. However-a load every week going forward.” 1656

That Bannon used Breitbart as a cut-out to track what Assange was doing is important for several reasons. Bannon had had to ask the Mercers for permission before leaving Breitbart and joining the campaign, in part to avoid tying the Breitbart brand to any possible Trump loss. In August, Breitbart reporter Lee Stranahan had been in direct contact with Guccifer 2.0 and had gotten early access to a file on Black Lives Matter. Stone would use Breitbart as a platform for some of his own releases after the Podesta emails dropped. And there’s good reason to believe that whatever files Corsi prepped got shared with Breitbart itself.

Plus, in his first interview (one the SSCI Report treats, inexplicably, as credible), Bannon made a slew of claims denying enthusiasm regarding the Podesta release, claims utterly disproven by the documentary evidence. It’s possible Bannon believed he had hidden this enthusiasm from Mueller’s gaze at Breitbart.

Nevertheless, as the SSCI Report makes clear, there’s a great deal of evidence showing what a concerted focus the campaign paid to the stolen emails, how much of it focused on social media, and how the campaign couldn’t care less that this windfall had come from Russia. (The footnotes of this section of the SSCI Report are particularly valuable for the way they expose precisely who was involved in this campaign.)

(U) Despite the contemporaneous statement by the U.S. Government warning of Russian responsibility for the hacking and leaking of the DNC, DCCC, and Clinton Campaign documents and emails, the Trump Campaign considered the release of these materials to be its “October surprise.”1691 The Trump Campaign’s press team first found out about the WikiLeaks release when it “hit the press” on October 7,1692 and the Campaign quickly turned to capitalize on the Podesta emails: the following morning, October 8, the communications team began compiling information from the release that it could use to attack Clinton. 1693 WikiLeaks information was later integrated with Trump’s tweets, 1694 into his speeches, 1695 and into his press releases. 1696 Other members of the Trump family also scrutinized the news. 1697 And, the Campaign tracked WikiLeaks releases in order to populate a fake Clinton Campaign website, clintonkaine.com. 1698

[snip]

(U) Within the Campaign, there was no policy that governed using materials released by WikiLeaks.1717 To the contrary, the Campaign treated the releases as just another form of opposition research. 1718 Bannon’s view was that “anything negative that comes out [against an opponent] is clearly helpful to a campaign.”1719 According to Stephen Miller, “[i]t would have been political malpractice not to use the WikiLeaks material once it became public.” 1720 Gates described a “growing belief’ within the Campaign that Assange was, in fact, assisting their effort.”1721

(U) Rather than regulating the Campaign’s use ofWikiLeaks materials, Trump praised and promoted WikiLeaks repeatedly in the closing month of the campaign1722:

  • (U) October 10, 2016: “This just came out. WikiLeaks, I love WikiLeaks.”
  • (U) October 12, 2016: “This WikiLeaks stuff is unbelievable. It tells you the inner heart, you’·gotta read it.”
  • (U) October 13, 2016: “It’s been amazing what’s coming out on WikiLeaks.”
  • (U) October 31, 2016: “Another one came in today. This WikiLeaks is like a treasure trove.”
  • (U) November 2, 2016: “WikiLeaks, it sounds like, is going to be dropping some more . . Ifwe met tomorrow. I’d tell you about it tomorrow.”
  • (U) November 4, 2016: “Getting off the plane, they were just announcing new WikiLeaks, and I wanted to stay there, but I didn’t want to keep you waiting. Boy, I love reading those WikiLeaks.”

(U) Using Trump to promote WikiLeaks was a deliberate strategy employed by the Campaign, not only in his remarks, but also on social media. In mid-October, Ivanka Trump tasked the Campaign’s senior officials (including Bannon, Scavino, Stephen Miller and Jason Miller) with preparing two Trump tweets every day linking to WikiLeaks content, which, she said, would help “refocus the narrative.”1723 Trump tweeted direct references to WikiLeaks throughout October and November 2016, including on October 11, 12, 16, 17, 21 (twice), 22, 24, 27 and November 1.1724

[snip]

(U) The Campaign’s preoccupation with WikiLeaks continued until the general election. As the general election approached, Scavino, a member of the communications team who also had a role in administering Trump’s Twitter account during the campaign, 1739 increasingly forwarded updates relating to WikiLeaks to other Campaign officials, using subject lines like · “WIKI ABOUT TO DROP SOME BOMBS … 4 pmE” and “The WikiLeaks BOMB!” and linking to the latest WikiLeaks twitter post or its website. 1740 To one, Donald Trump Jr. responded: “Blow it out.” 1741

1691 (U) FBI, FD-302, Gates 4/19/2018.

1692 (U) Epshteyn Tr., p. 212.

1693 (U) See, e.g., Email, Shah to Ditto, Cheung, J. Miller, and Hicks, October 8, 2016 (DJTFP00019278) (attaching document titled “Wikileaks October 7, 2016 John Podesta Email Release”); Email, Epshteyn to Ellis, October 8, 2016 (DJTFP00019302-19304) (requesting “talkers on this asap” in reference to leaked speech excerpts). In his testimony, Bannon downplayed the relative importance of the WikiLeaks release in light or the Access Hollywood tape. Bannon recalled that the Campaign learned of the tape approximately 60 minutes before it was released, in the middle of debate preparation with Trump. See Bannon Tr., p. 206. According to Bannon, the tape was an “extinction level event,” and precipitated Republican Party efforts to “remove the candidate” the following day .. Ibid., pp. 207-208. Bannon claimed that he not recall finding out about the WikiLeaks release or speaking about it with Trump until the evening after the debate. Ibid., pp. 206-207.

1694 (U) Email, J. Miller to Giuliani, Hicks, Scavino, and S. Miller, October 11, 2016 (DJTFP00019376) (linking to WikiLeaks story in the LA Times).

1695 (U) Email, Gabriel to S. Miller and Ditto, October 27, 2016 (DJTFP00020051) (providing teleprompter script for Springfield, Ohio speech referencing WikiLeaks).

1696 (U) Email, Gates to Bannon, October 27, 2016 (SKB_SSCl-0001369-1370) (stating “This is good and exactly what we need,” and forwarding written Trump statement using WikiLeaks releases to attack Clinton under the subject line, “FW: Donald J. Trump Statement.”).

1697 (U) Email, J. Miller to Shah, et al., October 9, 2016 (DJTFP00024165) (discussing Eric Trump’s question about the WikiLeaks release, “Are we discussing Hillary selling weapons to Isis [sic] as per WikiLeaks email dump?”).

1698 (U) Email, Hemming to Parscale, Bannon, and Hall, “Re: Top Twenty-Five Wikileaks Revelations,” October 15, 2016 (SKB_SSCl-0001528-1530).

[snip]

1717 (U) Bannon Tr., p. 177; S. Miller Tr., p. -110.

1718 (U) For example, Hope Hicks told the Committee: “[E]veryone has opposition research, and this just happened to be available to everyone.” Hicks Tr., pp. 66–67. Kushner described the releases as a “popular topic” that “everyone was talking about.” Kushner II Tr., pp. ’52-54.

1719 (U) Bannon Tr., p. 171-172.

1720 (U) S. Miller Tr., p. 91.

1721 (U) FBI, FD-302, Gates 3/1/2018.

1722 (U) Some of these are reproduced in a video by The Washington Post. “Watch Trump Praise WikiLeaks,” The Washington Post, April 11, 2019. Public tabulations of the number of references in speeches, interviews, rallies, and debates Vary, but place it in excess of 100 mentions. See, e.g., Gabrielle Healy, “Did Trump really mention WikiLeaks over 160 times in the last month of the election cycle?” PolitiFact, April 21, 2017; David Choi and John Haltiwanger, “5 times Trump praised WikiLeaks during his 2016 election campaign,” Business Insider, April 11, 2019.

[snip]

1739 (U) Epshteyn.Tr,, p. 135.

1740 (U) Email, Scavino to Bannon; E. Trump, Trump Jr., Kushner, S. Miller, and Hicks, October 31, 2016 (TRUMPORG_69_016159); Email, Scavino to Bannon, Hicks, Kushner, S. Miller, Trump Jr., and E. Trump, (TRUMPORG_69_016934). See also Email, Scavino to Bannon, Hicks, Conway, and S. Miller, November 4, 2016 (TRUMPORG_69_017232) (“Tweet by WikiLeaks on Twitter”); Email, Scavino to Scavino, November 6, 2016 (TRUMPORG_69 _017455) (“8,263 DNC EMAILS RELEASED” and linking to WikiLeaks tweet); Email, Scavino to Bannon, S. Miller, Kushner, E. Trump, Trump Jr., November 7, 2016 (TRUMPORG_ 69 _ 017463) (subject “Wiki – CIIlCAGO PROTESTS COSTS” and linking to WikiLeaks documents).

1741 (U) Email, Trump Jr. to Scavino, Bannon, E. Trump, Kushner, S. Miller, and Hicks, October 31, 2016 (TRUMPORG _ 69_016164).

In light of Bannon’s meetings with Stone, his trial testimony, and the details of how the campaign exploited the stolen emails, the most obvious explanation for Stone’s “how to win this but it ain’t pretty” comment is that this response to the Podesta drop was prepared starting in August (which makes the timing of Stone’s “time in the barrel” comment, coming in the wake of the Stone and Bannon discussions, all the more intriguing).

Particularly given the timing of Stone’s meeting or meetings with Bannon in NY, that’s not the only possibility. The other ones are far more damning.

But the trial and affidavits both tell stories that suggest there’s far more to Stone’s proposals, to two consecutive Trump campaign managers, on how to win the campaign. The SSCI Report provides one answer, the most obvious answer, for what that plan was. And yet the SSCI Report, which frowns at the campaign for its embrace of emails stolen by Russia but consistently backs off the most damning conclusions regarding Trump, fails to connect whether there’s a tie between Stone’s promise, which it hides in a footnote, and the massive effort to capitalize on the emails.

Or worse.


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.

Docket Tea Leaves: Manafort, Bannon, and Flynn

I’d like to point to some curious docket doings in cases pertaining to Paul Manafort, Steve Bannon, and Mike Flynn

Manafort

First, two things pertaining to Paul Manafort, who is serving his prison sentence from home. In his book, Andrew Weissmann raises the “other investigation” in which Manafort, on the day he succeeded in getting a plea deal, implicated someone — almost certainly Jared Kushner — and wondered why the material still hadn’t been released.

Most notably, at one point we asked him about an email he’d received in August 2016 from Roger Stone. Manafort gave a long explanation, the gist of which was to implicate two senior Trump campaign officials; it was related to an investigation in New York. (As the precise material is still under seal I cannot discuss the details, although it is unclear to me what the continued basis is for keeping all this material under seal.) We were trying to assess his credibility, fixating on signs of dishonesty—any indication that Manafort was still angling for a pardon, or attempting to play us. Volunteering this information, which implicated senior officials, suggested he may have written that possibility off, even though we all had continuing doubts.

It’s a damn good question given that Manafort’s defense and prosecutors filed a sealed joint motion about what else could be unsealed from Manafort’s breach determination. At the time, the government was proposing to unseal at least some of the information — and had even given proposals to Manafort’s lawyers to unseal them.

On May 29, 2020, the government provided counsel for Mr. Manafort with the last of the government’s proposals for lesser-redacted materials. Counsel for Mr. Manafort is now considering the government’s proposals, and the parties respectfully request additional time for counsel for Mr. Manafort to do so, and for the parties to confer and prepare the joint report for the Court.

But Judge Amy Berman Jackson hasn’t ruled yet. She’s busy as hell, but some of this information would be fairly important for voters to consider before they vote.

Meanwhile, in Manafort’s case in chief, on Tuesday, one of the two DC AUSAs who were on the docket swapped out for a different one.

The United States of America, by and through its attorney, the Acting United States Attorney for the District of Columbia, and Assistant United States Attorney Arvind Lal, hereby informs the Court that he is entering his appearance in this matter on behalf of the United States. Assistant United States Attorney Zia M. Faruqui no longer represents the United States in this matter.

Manafort’s serving his prison sentence from home. And the AUSA on the unsealing docket, Molly Gaston, remains on this one (so it shouldn’t pertain to the unsealing debate). There doesn’t seem to be a need to add new AUSAs when all he’s going to do is continue to sit in his condo until Trump pardons him.

Bannon

Meanwhile, on Wednesday, a sealed document was placed in Steve Bannon’s docket.

This could be a lot of things, and Bannon has three co-defendants, so it’s not even clear that it pertains to him. But it’s the first sealed document (as a simple fraud case, this shouldn’t involve any classified evidence). And it was filed the same day as the Hunter Biden faux-scandal broke.

NBC reported that the FBI is investigating whether this faux-scandal has ties to foreign intelligence.

Federal investigators are examining whether emails allegedly describing activities by Joe Biden and his son Hunter and found on a laptop at a Delaware repair shop are linked to a foreign intelligence operation, two people familiar with the matter told NBC News.

The FBI seized the laptop and a hard drive through a grand jury subpoena. The subpoena was later published by the New York Post. The bureau has declined to comment.

Though there are other sketchy aspects to the story, such as the claim that the shop owner, having been subpoenaed for the laptop, also made a copy and gave it to Rudy’s lawyer, Robert Costello.

“Before turning over the gear, the shop owner says, he made a copy of the hard drive and later gave it to former Mayor Rudy Giuliani’s lawyer, Robert Costello,” the Post said. “Steve Bannon, former adviser to President Trump, told The Post about the existence of the hard drive in late September and Giuliani provided The Post with a copy of it on Sunday.”

Bannon’s Chinese benefactor, Guo Wengui, was hyping the dirt before it was released.

Weeks before the New York Post began publishing what it claimed were the contents of Hunter Biden’s hard drive, a Sept. 25 segment on a YouTube channel run by a Chinese dissident streamer, who is linked to billionaire and Steve Bannon-backer Guo Wengui, broadcast a bizarre conspiracy theory. According to the streamer, Chinese politburo officials had “sent three hard disks of evidence” to the Justice Department and House Speaker Nancy Pelosi containing damaging information about Joe Biden as well as the origins of the coronavirus in a bid to undermine the rule of Chinese President Xi Jinping.

Three days later, a Twitter account linked to Guo and Bannon’s Himalaya movement subsequently amplified an edited clip of the segment alongside the pledge of a “Bombshell… 3 hard disk drives of videos and dossiers of Hunter Biden’s connections with the Chinese Communist Party (CCP) have been sent to Nancy Pelosi and DOJ. Big money and sex scandal!”

And Bannon was boasting of having the laptop on September 28.

If the FBI was already investigating this — including why the shop owner was handing out copies of the purported laptop — then the FBI may have been aware of Bannon’s activities before Wednesday.

The point is, some of this — particularly if it delves into fraud — would be a bail violation. There’s a status conference on October 26, so it’s possible we’ll get hints then.

Ultimately, I think Bannon is virtually guaranteed to be pardoned, because he still hasn’t told the full truth about 2016. So even if he were jailed, it’d likely be for a matter of days until Trump got him out again.

Flynn

Finally, there’s Flynn’s case. The one unopposed amicus — filed by the NACDL — got docketed today. It’s a strong case — far stronger than a similar argument that Sidney Powell tried to make — that Flynn should not be held in contempt for the lies he has told in Judge Emmet Sullivan’s case. It’s an argument that Sullivan would, I imagine, normally find persuasive, and the fact that he has docketed it today makes me wonder if he’s relying on it in his order on Flynn’s case.

The only problem with the brief is it misunderstands the full scope of Flynn’s lies to the court. The brief assumes all his lies pertain to his guilty pleas, and argue that defendants can’t be held accountable for perjury on coerced guilty pleas.

But — as I’ve noted repeatedly — the sworn declaration Flynn submitted as part of his attempt to withdraw his guilty plea, which DOJ’s recent excuses for blowing up his prosecution increasingly rely on, also conflicts with what Flynn said to the grand jury as well as evidence submitted in this docket, which shows notes from Covington recording Flynn telling lies about his engagement with Turkey (see the bold for a conflicting statement).

  • June 26, 2018: Mike Flynn testified to an EDVA grand jury, among other things, that:
    • “From the beginning,” his 2016 consulting project “was always on behalf of elements within the Turkish government,”
    • He and Bijan Kian would “always talk about Gulen as sort of a sharp point” in relations between Turkey and the US as part of the project (though there was some discussion about business climate)
    • “For the most part” “all of that work product [was] about Gulen”
    • When asked if he knew of any work product that didn’t relate to Gulen, Flynn answered, “I don’t think there was anything that we had done that had anything to do with, you know, anything else like business climates or stuff like that”
    • He was not aware of “any work done on researching the state of the business climate in Turkey”
    • He was not aware of “any meetings held with U.S. businesses or business associations”
    • He was not aware of “any work done regarding business opportunities and investment in Turkey”
    • He and his partner “didn’t have any conversations about” a November 8, 2016 op-ed published under his name until “Bijan [] sent me a draft of it a couple of days prior, maybe about a week prior”
  • January 29, 2020: Mike Flynn submitted a sworn declaration. Among the assertions he made were:
    • “On December 1, 2017 (reiterated on December 18, 2018), I pled guilty to lying to agents of the FBI. I am innocent of this crime.”
    • “I gave [Covington] the information they requested and answered their questions truthfully.”
    • “I still don’t remember if I discussed sanctions on a phone call with Ambassador Kislyak nor do I remember if we discussed the details of a UN vote on Israel.”
    • “My relationship with Covington disintegrated soon thereafter.” [After second proffer session.]
    • “I did not believe I had lied in my White House interview with the FBI agents.”
    • “In the preceding months leading up to this moment [when he agreed to the plea deal], I had read articles and heard rumors that the agents did not believe that I had lied.”
    • “It was well after I pled guilty on December 1, 2017, that I heard or read that the agents had stated that they did not believe that I had lied during the January 24, 2017, White House interview.”
    • “I agreed to plead guilty that next day, December 1, 2017, because of the intense pressure from the Special Counsel’s Office, which included a threat to indict my son, Michael, and the lack of crucial information from my counsel.”
    • “My former lawyers from Covington also assured me on November 30, 2017, that if I accepted the plea, my son Michael would be left in peace.”
    • “Regretfully I followed my lawyers’ strong advice to confirm my plea even though it was all I could do to not cry out ‘no’ when this Court asked me if I was guilty.”
    • “In truth, I never lied.”

Not to mention, Flynn’s sworn declaration is internally inconsistent. [Update: a few more of the amicus briefs have been approved, including one from former prosecutors.]

It’s also worth noting that the Bill Barnett 302, which included about a page worth of paragraphs that were “pending unsealing by the court” that have yet to be unsealed. Some of those must pertain to things Flynn claimed in his declaration. (Flynn’s defense, but not Judge Sullivan, has an unredacted copy.)

Finally, yesterday, DOJ either posted or updated a job description that could be Brandon Van Grack’s job leading DOJ’s more focused FARA practice, which Van Grack got moved to after the Mueller investigation (though it could also be a more junior position reporting to Van Grack).

The attorney for this position will focus on administering and enforcing FARA, with at least 50% of the attorney’s time devoted to FARA matters. The attorney’s FARA responsibilities will include preparing for and leading civil litigation, managing criminal investigations, conducting inspections, and drafting advisory opinions.

When DOJ tried to blow up Flynn’s prosecution, Van Grack withdrew from the case but did not quit, though the frothy right claimed he had been ousted. Just in the last while, Bruce Ohr was finally ousted from the office for a trumped up complaint that he shared intelligence on Russian threats, as he had done for years. Van Grack hasn’t filed anything in PACER since DOJ moved to withdraw the prosecution. That said, DOJ has repeatedly said DOJ did not violate Brady.

I don’t really know what to make of all this. But I thought I’d note what I’m seeing in the bottom of my tea cup.

Rat-Fucker Rashomon: Jerome Corsi’s Prescience about the Content of John Podesta’s Emails

In the previous installment of this series, I showed that rather than describing the conclusions of the Mueller team’s investigation into whether, how, and why Roger Stone optimized the release of the John Podesta emails on October 7, 2016, the Mueller Report instead plopped a comedy routine showing how Jerome Corsi changed his story from minute to minute on the topic.

The choice is all the more interesting given that the affidavits used in the Stone investigation — to say nothing of witness testimony — makes it increasingly certain that Stone got advance notice, and probably advance copies, of the stolen emails that pertained to an attack regarding Podesta’s ties to a company with Russian ties, Joule Holdings, that the frothy right had been chasing for months before mid-August 2016.

Jerome Corsi’s Podesta email was actually about timing

The email that Jerome Corsi sent Roger Stone on August 2, 2016 has been widely misunderstood, including by the SSCI Report.

“Word is friend in embassy plans 2 more dumps,” Corsi explained after informing Stone he hadn’t called him back, as Stone requested the day before, because he was in Italy. “One shortly after I’m back. 2nd in Oct.” This language about timing is what Aaron Zelinsky focused on when introducing the email at Stone’s trial. It’s the language that Jonathan Kravis highlighted in his closing argument. In neither prosecutors’ description of the email do they mention John Podesta (though later in Zelinsky’s opening, he describes that, “Roger Stone promised … a massive amount of hacked emails belonging to Clinton campaign chairman John Podesta” would be dropped on October 7).

Nevertheless this email has been taken as the means by which Corsi informed Stone that the upcoming WikiLeaks dump involved files stolen from John Podesta.

It’s only much later in the email when Corsi says, “Time to let more than Podesta to be exposed as in bed w enemy.” The reference to Podesta would be incomprehensible to Stone if it were his first notice that WikiLeaks was going to drop emails stolen from Hillary’s campaign manager. Moreover, Corsi wouldn’t bury it in the sixth paragraph if it were new news, particularly not given that the right wing oppo researchers Steve Bannon paid, the Government Accountability Institute, had just days earlier released a report that focused on John Podesta. Indeed, it’s even possible that the email doesn’t reflect advance knowledge of the Podesta emails, but was instead a reference to that report.

There’s no reason to believe that the Podesta reference in this email was news to Stone.

Corsi put the new news — that the dumps were coming shortly after he was scheduled to return from Italy on August 12, and then again in October — in the second paragraph. And as some of the affidavits described obliquely — but which did not get mentioned in any of the other three Roger Stone stories — the timing of both those predictions was absolutely correct.

Based on my training, experience, and review of materials in this case, it appears that CORSI’s reference to a “friend in embassy [who] plans 2 more dumps” refers to Julian ASSANGE; the founder of Wikileaks, who resided in Ecuador’s London Embassy in2016. As discussed above, Guccifer released information hacked from the DCCC on August 12,2016 (the date CORSI identified as when he would “return home.”)

FBI Agent Amy Anderson mentions, but does not explain, that Corsi did not correctly predict who would release these files.

Two releases, one from Guccifer and the other from Wikileaks, occurred at the times predicted by CORSI.

In fact, as Raffi Khatchadourian was the first to explain publicly (but as would have been clear to investigators once they obtained the relevant Twitter content), Guccifer 2.0 and WikiLeaks engaged in a series of very theatrical DM conversations with Emma Best over that weekend in August 2016 about whether Best would publish the DCCC emails; even after WikiLeaks convinced Best to hold off so it could have exclusivity, WikiLeaks never did publish any DCCC documents. At the time Corsi learned that “friend in embassy” would have two upcoming drops, WikiLeaks was still demanding exclusivity before it would deliver the first one.

In the August 2 email, then, Corsi provided new news to Stone about what the Russians were planning, but (if the theatrical DMs are to be believed, which they shouldn’t necessarily be) Assange had yet to buy into the plan. That makes Corsi’s description of “the game hackers are now about” all the more intriguing.

There’s no reason to believe, from this email, that Corsi was newly informing Stone that WikiLeaks would eventually dump the Podesta emails. There’s not even any reason to be sure that Corsi informed Stone of that fact and not vice versa. Indeed, the Mueller Report describes that Corsi told Ted Malloch later in August that, “Stone had made a connection to Assange and that the hacked emails of John Podesta would be released prior to Election Day,” not that he himself had. The email is indication (though in no way, by itself, proof, especially given the possibility it referenced the GAI report) that both believed by August 2 that WikiLeaks would drop the Podesta emails. It is not proof that Corsi told Stone of that fact.

Rick Gates and Paul Manafort testified that Stone knew Podesta emails were coming

We can get a lot closer to proof that Stone had advance knowledge of the Podesta drop, though.

First of all, it’s not just Malloch who testified to having conversations about Podesta’s emails in August. According to the SSCI Report, in part of Rick Gates’ October 25, 2018 interview that remains redacted,

Gates recalled Stone advising him, prior to the release of an August 14 article in The New York Times about Paul Manafort’s “secret ledger,” that damaging information was going to be released about Podesta. 1579 Gates understood that Stone was referring to nonpublic information. Gates further recalled later conversations with Stone about how to save Manafort’s role on the Campaign, and that Stone was focused on getting information about John Podesta, but said that Stone did not reveal the “inner workings” of that plan to Gates. 1580

An unredacted part of that 302 — which is likely the continuation of the discussion cited in SSCI — explains,

Gates said there was a strategy to defend Manafort by attacking Podesta. The idea was that Podesta had baggage as well. Gates said it was unfortunate the information did not come out in time to defend Manafort from his ultimate departure from the campaign.

In a September 27, 2018 interview, Manafort provided details of two conversations that he placed in August 2016, one of which provided specific details (which remain redacted, purportedly to protect Podesta’s privacy!) about John Podesta’s alleged ties with Russia.

Manafort was sure he had at least two conversations with Stone prior to the October 7, 2016 leak of John Podesta’s emails.

In the one conversation between Stone and Manafort, Stone told Manafort “you got fucked.” Stone’s comment related to the fact that Manafort had been fired. The conversation was either the day Manafort left the campaign or the day after.

In the other conversation, Stone told Manafort that there would be a WikiLeaks drop of emails with Podesta, and that Podesta would be “in the barrel” and Manafort would be vindicated. Manafort had a clear memory of the moment because of the language Stone used. Stone also said Manafort would be pleased with what came out. It was Manafort’s understanding that WikiLeaks had Podesta’s emails and they were going to show that [redacted] Manafort would be vindicated because he had to leave the campaign for being too pro-Russian, and this would show that Podesta also had links to Russia and would have to leave.

Manafort’s best recollection was the “barrel” conversation was before he got on the boat the week of August 28, 2016.

Roger Stone’s longtime friend Paul Manafort, at a time when he lying to protect key details about what happened in 2016, nevertheless confirmed that Stone had detailed knowledge not just that the Podesta files would drop, but what Russian-based attacks they would make of them.

The government almost certainly has proof Stone and Corsi had advance copies of the Podesta files

More importantly, there’s evidence that Corsi had copies of some of the Podesta emails by August 14, and had pre-written attacks on Podesta already drafted when the files came out in October.

On March 23, 2017, Corsi published what he claimed was an explanation for Stone’s August 21, 2016 “time in the barrel” tweet. In it, he explained that in response to the August 14, 2016 NYT story exposing Paul Manafort’s Ukraine corruption, Corsi started a memo for Stone on Podesta.

On Aug. 14, 2016, I began researching for Roger Stone a memo that I entitled “Podesta.”

On August 15 at 1:33 AM, Stone tweeted about Podesta for the first time ever,

@JohnPodesta makes @PaulManafort look like St. Thomas Aquinas Where is the @NewYorkTimes ?

At 8:16AM on August 15, Corsi texted and then at 8:17 AM Corsi emailed Stone the same message:

Give me a call today if you can. Despite MSM drumroll that HRC is already elected, it’s not over yet. More to come than anyone realizes.

According to the SSCI Report, at 12:14PM on August 15, Corsi and Stone spoke by phone for 24 minutes.

The implication in Corsi’s March 2017 post was that he spent the next two weeks writing the memo that he started on August 14 and that the report reflects “several detailed conversations” Corsi had with Stone.

I completed that memo on Aug. 31, 2016, and is embedded here in its entirety.

Between Aug. 14 and Aug. 31, 2016, Roger Stone and I had several detailed conversations about the Podesta research.

Except that prosecutors obtained several kinds of proof that Corsi only started writing the memo he published in that March 2017 column (which Stone submitted to HPSCI — starting at PDF 39 — as part of his prepared statement) on that same day, on August 31. Corsi started writing it after Stone called him on August 30 and asked him to do so. This would have started to become clear to prosecutors when they first obtained email returns, since Corsi sent a copy of the report to Stone via email. But according to Corsi, prosecutors found forensic evidence to confirm that.

In his book, Corsi even admitted that the document was a cover story that he didn’t start until August 30 (Stone sued Corsi about this claim).

Next, Zelinsky focused on the email Roger Stone sent me on August 30, 2016, asking me to call him. As we discussed earlier, that led me to write a “cover-up memo” for him on John Podesta, suggesting that Roger’s infamous Twitter post about “Podesta’s time in the barrel” was a reference to my research about John and Tony Podesta’s money dealings with Russia. Roger wanted to disguise his tweet, suggesting “Podesta’s time in the barrel” was not a reference to any advanced knowledge Stone may have had from me, when I began telling Stone from Italy in emails dated earlier in August 2016 that I believed Assange had Podesta emails. “We’ve examined your computer Doctor Corsi,” Zelinsky grilled me. “And we know that the next day, August 31, 2016, your birthday, you began at 7:30 a.m. to write that memo for Stone.”

Before returning to Washington to appear before the grand jury, I had taken the time to research the file of my 2016 writing drafts that I had restored to my laptop from the Time Machine. I found that the file that I labeled, “ROGER STONE background PODESTA version 1.0 Aug. 31, 2016” was time-stamped for 12:17 p.m. that day. But I decided not to quibble with Zelinsky, so I agreed. “Then, Doctor Corsi, we find from your computer that the first thing you did was to find a series of open source articles on Podesta and Russia that you could use in writing your memo for Roger Stone,” Zelinsky said, pressing forward. “Is that correct?”

That said, Corsi may well have another report he started on August 14. In his March 2017 piece, Corsi claims that he wrote a series of articles based on that original report, one installment of which Stone would publish under his own name on October 13.

On October 6, 2016, I published in WND.com the first of a series of articles detailing Putin’s financial ties to Clinton and Podesta, based largely on the research contained in the Government Accountability Institute’s report, “From Russia With Money.”

On Oct. 13, 2016, Stone published on his website an article entitled, “Russian Mafia money laundering, the Clinton Foundation and John Podesta.”

A comparison of the two articles will show the extent to which Stone incorporated my research into his analysis.

To the extent that Corsi wrote a series of articles, it would include the following:

In a November 1, 2018 interview, Corsi explained that he had published the October 6 one (as noted, it was based off the earlier GAI/Breitbart attack), in an effort to force Assange to release the Podesta emails.

Corsi published the August 31, 2016 memo on October 6, 2016. At that time, he still held himself out as the connection to WikiLeaks. The trigger for the release of the article was the publication of an article about [Paul] Manafort and [Viktor] Yanukovych. Corsi wanted to counter it with a story about Podesta, but he really wanted to provide stimulus to Assange to release whatever he had on Podesta. Corsi was angry with Assange for not releasing emails on October 4, 2016.

The claim would only make sense (to the extent that Jerome Corsi can ever be said to “make sense”) if Corsi could threaten to pre-empt what WikiLeaks was about to publish: the Podesta file pertaining to Joule Holdings.

As for the October 13 piece Stone adopted as his own, the affidavits targeting Corsi and Stone provided extensive details on how that got published.

First thing in the morning on October 12, Stone wrote Corsi and asked for his “best podesta links.” (The SSCI Report reveals that Stone and Manafort spoke that day, but does not say what time.) Corsi responded that he would send them on Monday — which would have been on October 17. “The remaining stuff on Podesta,” Corsi said, “is complicated.” That seems to comport with Corsi’s later representation he did a series, of which the October 13 one was part. But it also seems to suggest that the remaining stuff was already written at 8:54 AM on October 12.

75. 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.” Approximately twenty minutes later, CORSI texted, “Clintons know they will lose a week of Paula Jones media with T attacking Foundation, using Wikileaks Goldman Sachs speech comments, attacking bad job numbers.”

76. On or about Wednesday, October 12, 2016, at approximately 8:17 EDT, STONE emailed CORSI at Target Account 1, asking him to “send me your best podesta links.” STONE emailed CORSI at approximately 8:$$ [sic] EDT, “need your BEST podesta pieces.” CORSI wrote back at approximately 8:54AM EDT, “Ok. Monday. The remaining stuff on Podesta is complicated. Two articles in length. I can give you in raw form the stuff I got in Russian translated but to write it up so it’s easy to understand will take weekend. Your choice?”

77. On or about that same day October 12, 2016, Podesta accused STONE of having advance knowledge of the publication of his emails. At approximately 3:25PM EDT, CORSI, using Target Account 1, emailed STONE with a subject line “Podesta talking points.” Attached to the email was a file labeled, “ROGER STONE podesta talking points Oct 12 2016.docx.” The “talking points” included the statement that “Podesta is at the heart of a Russian-govermnent money laundering operation that benefits financially Podesta personally and the Clintons through the Clinton Foundation.”

78. CORSI followed up several minutes later with another email titled, “Podesta talking points,” with the text “sent a second time just to be sure you got it.” STONE emailed CORSI back via the Hotmail Account, “Got them and used them.”

79. On or about Thursday, October 13, 2016, CORSI, using Target Account 3, emailed STONE: “PODESTA — Joule & ties to RUSSIA MONEY LAUNDERING to CLINTON FOUNDATION.” STONE responded, “Nice but I was hoping for a piece I could post under my by-line since I am the one under attack by Podesta and now Mook.” CORSI wrote back to STONE, “I’ll give you one more -NOBODY YET HAS THIS[:] It looks to me like [redacted–Vekselberg] skimmed maybe billions off Skolkovo – Skolkovo kept their money with Metcombank[.] The Russians launched a criminal investigation[.] [web link] Once [redacted–Vekselberg] had the channel open from Metcombank to Deutsche Bank America to Ban[k] of America’s Clinton Fund account, there’s no telling how much money he laundered, or where it ended up. Nothing in Clinton Foundation audited financials or IRS Form 990s about $$$ received via Russia & Metcombank[.] I’m working on that angle now.” STONE replied, “Ok Give me SOMETHING to post on Podesta since I have now promised it to a dozen MSM reporters[.]”

80. On or about Thursday, October 13, 2016 at approximately 6:30PM EDT, CORSI sent STONE an email with the Subject, “ROGER STONE article RUSSIAN MAFIA STYLE MONEY-LAUNDERING, the CLINTON FOUNDATION, and JOHN PODESTA.” The text stated: “Roger[,] You are free to publish this under your own name.” That same day, STONE posted a blog post with the title, “Russian Mafia money laundering, the Clinton Foundation and John Podesta.” In that post, STONE wrote, “although I have had some back-channel communications with Wikileaks I had no advance notice about the hacking of Mr. Podesta nor I have I ever received documents or data from Wikileaks.” The post then asked, “Just how much money did, a controversial Russian billionaire investor with ties to the Vladimir Putin and the Russian government, launder through Metcombank, a Russian regional bank owned 99 .978 percent by with the money transferred via Deutsche Bank and Trust Company Americas in New York City, with the money ending up in a private bank account in the Bank of America that is operated by the Clinton Foundation?”

81. On or about October 14, 2016, CORSI sent a message using Target Account 2 to STONE, “i’m in NYC. Thinking about writing piece attacking Leer and other women. It’s basically a rewrite of what’s out there. Going through new Wikileaks drop on Podesta.” [my emphasis]

It turns out the post Stone ultimately posted had no links to the WikiLeaks releases it relied on (remember, he asked Corsi for links and pieces), but it does reference a file that had been released on October 11, hours before Corsi seemed to speak of the post as already completed.

Wikileaks emails tie John Podesta, chairman of Hillary Clinton’s 2016 presidential campaign, into the money-laundering network with the confirmation Podesta had exercised 75,000 shares out of 100,000 previously undisclosed stock options he was secretly issued by Joule Unlimited, a U.S. corporation that ties back to Vekselberg connected Joule Global Stichting in the Netherlands – a shady entity identified in the Panama Papers as an offshore money-laundering client of the notorious Panamanian law firm Mossack Fonseca.

As a clear indication of guilty conscience, the Wikileaks Podesta file further documents that Podesta made a serious effort to keep the transaction from coming to light as evidenced by his decision to transfer 75,000 common shares of Joule Unlimited to Leonidio LLC, another shady shell corporation – this one listed in Salt Lake City at the home apartment of the gentlemen who registered the company.

A parallel post covering the same material posted by Corsi does have links to the emails that support the disposition of the 75,000 shares and other claims made in it. But that one was updated about six hours after it was first posted, and the first Internet Archive capture postdates that update.

Investigators seem to have found some significance, too, in the Metcombank reference that Corsi got and had to translate from Russian, a significance I don’t understand. But Stone dropped part of that attack when he revived the Vekselberg attack to use against Cohen in 2018.

Remember: Investigators would have had the forensics for the documents Corsi and Stone were sending back and forth by email, and probably would have communications about all this between August 14 and August 31, when (according to Corsi), Stone asked him to write a cover story. They would know if the story Stone posted under his own name was drafted before the public release of the emails it relied on.

But even on its face, Corsi’s comments suggest that these documents were a series started by October 6, of which some parts “were remaining” on the morning of October 12, one day after the email it relied on got released. Remember, too, that Corsi claims Stone told him to delete his email (which he did) on October 11, which would hide any knowledge of that WikiLeaks file before it came out.

Paul Manafort and Rick Gates both testified that Roger Stone had a plan, hatched before Paul Manafort resigned on August 19, to save his job by claiming that Podesta was just as bad as Manafort. Manafort even described the specific nature of the Russian-based attack on Podesta they had planned (though Bill Barr’s DOJ redacted it to protect Podesta’s privacy!).

And then, when Roger Stone asked Corsi for “links” as well as “pieces” on October 12, Corsi sent him a document that, by reference, had already been written, one that didn’t have links but that integrated information that wasn’t public until October 11.

That doesn’t prove that Stone and Corsi had those files in mid-August. But it does explain why Stone might have wanted a cover story denying they did after he boasted that it would soon be Podesta’s time in the barrel on August 21.


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.

Rat-Fucker Rashomon: Four Stories about Roger Stone (Introduction)

As background for some other things and because I’m a former scholar of narrative, I want to lay out the four different stories that have been told of Roger Stone’s actions in 2016 and after:

One day there might be a fifth story, the investigative records, but those are still so redacted (and the subjects were such committed liars) to be of limited use right now, so while I will integrate them and other public records into this series, I won’t treat them as a separate story.

I observed in this post that a September 2018 affidavit revealed that the Stone indictment and trial were, in part, investigative steps in a larger investigation, an investigation that Bill Barr appears to have since substantially killed. The affidavit asked for (and received) a gag because, it explained, investigators were trying to keep Stone from learning that the investigation into him was broader than he thought.

It does not appear that Stone is currently aware of the full nature and scope of the ongoing FBI investigation. Disclosure of this warrant to Stone could lead him to destroy evidence or notify others who may delete information relevant to the investigation.

Partly, the larger investigation must have been an effort to determine — and if possible, obtain proof beyond a reasonable doubt — of how Stone optimized the release of (at least) the Podesta emails. I think the evidence shows Stone did partly optimize the release, though I also believe doing so served as much to compromise Stone and others as to help Trump get elected. In an unreliable Paul Manafort interview, Trump’s former campaign chair describes a conversation (this may have taken place in spring 2018, during a period when Manafort unconvincingly claims he was not engaged in concocting a cover story with his lifelong buddy) where Stone clarified that he was just a conduit in the process of optimizing the Podesta release, not the decision maker.

Stone said to Manafort that he was not the decision maker or the controller of the information. Stone said he may have had advance knowledge, but he was not the decision maker. Stone was making clear to Manafort that he did not control the emails or make decisions about them. Stone said he received information about the Podesta emails but was a conduit, not someone in a position to get them released.

That’s Stone and Manafort’s less damning explanation, that Stone did have advance knowledge but didn’t control the process! It may also be true, though Stone likely believed he was controlling things in real time, when he was making stupid promises. Being a reckless rat-fucker can make a guy vulnerable to rat-fuckery himself.

I also believe that prosecutors did confirm how Stone got (information on) the emails and what stupid promises he had to make to get them, though not until after Stone was charged in his cover-up and probably not beyond a reasonable doubt. But, likely for a variety of reasons, they never told us that in any of the four stories that have been released about Stone.

So I want to examine what story each of the four narratives tell, because what an author withholds [wink] is always at least as interesting as what storyline the author uses to engage her readers.

The Mueller Report

All these stories are constrained, in part, by their genre.

For example, legally, the Mueller Report fulfills a requirement of the regulation under which Mueller was appointed.

Closing documentation. At the conclusion of the Special Counsel’s work, he or she shall provide the Attorney General with a confidential report explaining the prosecution or declination decisions reached by the Special Counsel.

You finish your work, and you tell the Attorney General overseeing your work whom you charged, whom you didn’t, and why. The Mueller Report, consisting of two volumes and some appendices laying out referrals from the investigation itself, therefore had to tell a story to support these decisions:

  • To charge a bunch of IRA trolls but none of the Americans unwittingly cooperating with them
  • To charge a bunch of Russian intelligence officers but not WikiLeaks or Roger Stone (though note that Rod Rosenstein has said the WikiLeaks investigation always remained at EDVA)
  • Not to charge Don Jr and Stone for accepting or soliciting illegal campaign donations from foreigners
  • Not to charge a bunch of Trumpsters for their sleazy influence peddling
  • To charge a bunch of Trumpsters with lying and (in the case of Manafort and Gates) various kinds of financial fraud, but not to charge other Trumpsters for equally obvious lying
  • Effectively (and this is my opinion), to refer Trump to Congress for impeachment
  • To refer a bunch of other matters, ranging from Trumpsters’ financial fraud, George Nader’s child porn (though given the releases from the other day, it’s not clear that’s formally in the report), and a number of counterintelligence matters, for further investigation

That’s not all. Technically, one investigation into someone either close to or Trump himself wasn’t even done at the time Mueller finished. Documents show a campaign finance investigation–AKA bribery–involving a bank owned by a foreign country was ongoing; Bill Barr has recently publicly bitched about the legal theory behind the investigation (one SCOTUS approved) and it has been closed. And, significantly, for the purpose of this series, Mueller had not obtained Stone aide Andrew Miller’s testimony when the Report got written either, though at the minute Miller agreed to testify, Mueller was giving a presser closing up shop, presumably (though not definitely) making Miller’s testimony part of the ongoing investigation related to Stone.

Aside from those two details, the story the Mueller Report has to tell has to explain those prosecutorial decisions. For the sake of this series, then, the story has to tell why Stone wasn’t charged for soliciting illegal campaign donations from WikiLeaks, why he was charged for lying to obscure who his go-between was and whether he had discussed all that with Trump and others on the campaign, and why Trump should be impeached for his promises to pardon Stone (among others) for covering up what really happened in 2016.

Significantly for this story, Stone was not charged because he lied about having a go-between (he lied to Congress to cover up who it was), nor was he charged for any actions he took with his go-between to get advance information. I’m not certain, but such charges may actually not be precluded by double jeopardy; if not, this story may have been written to ensure no double jeopardy attached. In any case, we shouldn’t expect details of his go-between to be fully aired in the report (or encompassed by it), because it was not a prosecutorial decision that needed to be explained.

The timeline of the Stone part of this story starts in early June 2016, and (for the main part of his story) ends the day the Podesta emails got released, October 7, leaving out a bunch of Stone activities that were key prongs of the investigation.

The Stone prosecution

The story told by the Stone prosecution unsurprisingly adopts the same general scope as the Mueller Report.

As noted above, the government took a number of investigative steps in 2018 that they kept secret from Stone, explicitly because they wanted Stone to continue to believe he was only under investigation for his lies about his claims about having a go-between with WikiLeaks. Because of that, I think the story the Stone prosecution told is best understood as a way to use the prosecution to advance a larger investigation, without compromising the rest of it. As such, it makes the way in which prosecutors controlled this narrative all the more interesting. That dual objective — advancing the larger investigation but keeping secrets –meant that prosecutors needed to provide enough detail to win the case — possibly even to get testimony about specific details to achieve other objectives in their investigation — but not disclose details that would give away the rest or require unreliable witnesses.

The Stone prosecutors provided us a handy timeline to show the scope of its story, split into two sections. The first starts with Assange’s promise of additional Hillary files on June 12, 2016 and ends on October 7, 2016.

While Rick Gates did testify that Stone predicted a WikiLeaks drop even before June 12, his testimony focused far more closely on discussions they had in the wake of the June 14 DNC announcement they’d been hacked. So the prosecution left out interesting details about what Stone was up to in spring 2016.

By ending the earlier, election-related timeline on October 7, prosecutors didn’t include a presumed Stone meeting with Trump on October 8 or the evidence that he and Corsi had advance knowledge of certain Podesta files, which became clear around October 13, to say nothing of what happened in the days after the election.

Then, the prosecution adopted a later timeline covering obstruction and witness tampering. It starts on January 6, 2017 and — at least on this timeline — goes through January 28, 2018 (though FBI Agent Michelle Taylor introduced evidence and Randy Credico testified to events that took place after that date).

That’s the scope of the story: an abbreviated version of 2016, starting after Stone first starting claiming to have advance warning of the email dumps, and ending well before things started to get interesting in the lead-up to and aftermath of the election.

A simplified version of the plot this story tells is how Stone used Credico to make sure no one would look too closely at what he had been up to with Corsi.

The SSCI Report

As I said, most of these stories were dictated, in part, by genre and a specific goal. Prosecutors writing the Mueller Report could only tell a story that explained prosecutorial decisions, and in this case, they had an ongoing investigation to protect (which Barr appears to have since substantially killed). Prosecutors scoping the Stone prosecution only had to present enough evidence to get their guilty verdict, and presumably didn’t want to produce evidence that would disclose the secrets they were trying to keep or expose a weakness in an otherwise airtight case. As for the warrants, every affidavit an FBI agent writes notes that they are including only as much as required to show probable cause. With a caveat laid out below, the FBI agents wouldn’t want to include too much for fear of giving defendants reason to challenge the warrants in the future. So the Stone affidavits, like all probable cause affidavits, are an exercise in careful narrative, telling a story but not telling too much.

Thus, the SSCI Report (clocking in at almost 1,000 pages) is the only one of these four stories that even pretends to be revealing all it knows. But it also didn’t try to tell the whole story. It limited the scope of the investigation in various ways (most notably, by refusing to investigate Trump’s financial vulnerabilities to Russia). And over and over again, the SSCI Report pulled punches to avoid concluding that the President is a glaring counterintelligence risk. The imperative of protecting the President (and getting Republican votes in Committee to actually release it) affected the way SSCI told its story in very tangible ways.

Because it is a SSCI Report, this story has a ton of footnotes which are (as they are in most SSCI Reports) a goldmine of detail. But the decision of what to put in the main body of a story and what to relegate to a footnote is also a narrative question.

Importantly, SSCI had outside limitations on its investigation — and therefore its story — that the FBI did not have. Rick Gates, Jerome Corsi, and Paul Manafort largely invoked the Fifth Amendment. Stone refused to testify. SSCI only received a limited subset of Mueller’s 302s, and none pertaining to the GRU investigation. SSCI had limited ability to demand the content of communications. The White House and the Trump Org withheld documents, even some documents they otherwise provided to Mueller. Plus, the version of the report we have is heavily redacted (including much of the discussion about WikiLeaks), sometimes for classified reasons but also sometimes (if you trust Ron Wyden’s additional views) to protect the President. That means we don’t even get the full story SSCI told.

Nevertheless, while SSCI left out parts of the story that the FBI seems to have considered important, the SSCI Report also includes a lot that DOJ and FBI had to have known, but for reasons that likely stem, in part, from the stories they wanted or were obligated to tell, they chose not to disclose. That makes the SSCI Report really useful to identify what must be intentional gaps in the other stories.

Like the Mueller Report (in part because it relied heavily on it), the story that the SSCI Report tells about Stone adopts an uneven timeline, narrowly focusing on Stone’s election season activities even while for others it adopts a broader timeframe. More generally, though, the SSCI Report tells a story about the dangerous counterintelligence threats surrounding the President, while stopping short of fully considering how he is himself a counterintelligence threat.

The warrant affidavits

As noted, FBI warrants deliberately and explicitly try to find a sweet spot, establishing probable cause but not including stuff that either might be challenged later or might give away investigative secrets. That said, Andrew Weissmann’s book reveals that Mueller’s team included more detail than needed in affidavits to provide a road map if they all got fired.

We also realized we could use the courts as a kind of external hard drive to back up our work. The applications for search warrants we filed with the court only had to set out a minimum of facts from which the court could find probable cause—a fairly low standard. But by packing those documents with up-to-date details of our investigation, we could create a separate record of our activities—one that would be deposited securely in the judicial system, beyond the reach of the Department of Justice, the White House, or Congress. (Putting such a substantial record before the court had the added benefit of eliciting quick rulings on our applications and demonstrating that we were not tacking too close to the line in establishing the necessary probable cause.)

The affidavits in the Stone case — written by at least 5 different FBI agents — actually tell two stories: The first is a narrative of how allegations were made and then removed, often for emphasis but also, probably in some cases, because suspicions were answered. The second is an evolving narrative of some of the core pieces of evidence that Stone did have advance notice of the releases, and so may have had legal liability — either as a co-conspirator, or someone who abetted the operation — for the hack-and-leak. It came to double in on itself, investigating Stone’s extensive efforts to thwart the investigation. Near the end of the investigation, that story came to incorporate Foreign Agent charges (though it’s not entirely sure how much Stone, or other people like Assange, are the target of those warrants, and virtually all that story is redacted). I lay out how these two narratives intersect here.

For some of the investigation, the affidavits adopted a timeline starting in June 2015 (when Stone worked on the Trump campaign) and continuing through the election, but ultimately that timeline extended through to the present in 2018 and 2019, ostensibly to support the obstruction investigation.

The gaps

The differences between the stories may be easiest to identify by observing what each leaves out. Each of these stories leaves out some pieces of evidence of one or more of the following:

  • The extent and nature of Stone’s provable interactions about WikiLeaks with Trump: While all of these stories do include evidence that Stone kept Trump apprised of his efforts to optimize the Podesta release, the SSCI Report — completed without Trump’s phone records or those of many others, with a very limited set of witness 302s, and limited power to access evidence of its own — describes damning interactions that none of the other stories do.
  • The extent to which either Corsi or Stone succeeded in dictating the release of the Podesta emails on October 7, 2016 and why: Several stories consider only whether Corsi managed to get WikiLeaks to drown out the Access Hollywood video, without considering whether Stone did.
  • What Stone and Corsi did with advance knowledge that WikiLeaks would release information on John Podesta’s ties with Joule holdings: Manafort’s unreliable testimony (and a bunch of other evidence) seems to confirm that Stone and Corsi had at least advance notice of, if not documents themselves, on Podesta’s ties with Joule Holdings that were later released by WikiLeaks. Only one of these four stories — the affidavits — include this process as a central story line, but it’s one way to show that the rat-fucker and the hoaxster did have advance knowledge (and show what their fevered little brains thought they were doing with it).
  • Proof that Stone had foreknowledge: While much of this is inconclusive, the affidavits make it clear that investigators believed Stone’s knowledge went beyond and long preceded what Corsi obtained in early August 2016. Once you establish that foreknowledge, then all question of Corsi versus Credico is substantially meaningless window-dressing (albeit convenient window dressing if you’re trying to hide a larger investigation).
  • Steve Bannon’s knowledge of and possible participation in Stone’s schemes shortly after he came on as campaign manager: The government almost certainly has grand jury testimony laying this out. But we’ve only seen glimpses of what happened after Stone wrote Bannon and floated a way to win the election the day he came onto the campaign, and not all of these stories were even curious about what happened.
  • Stone’s social media efforts to undermine the Russian attribution: I’m agnostic at this point about the significance of investigators’ focus on Stone’s efforts to undermine the Russian attribution for the operation, but some stories cover it and others ignore it conspicuously.
  • Stone’s extended effort to get a pardon for Julian Assange: It is a fact that Stone pursued a pardon for Julian Assange after Trump won. While it’s not yet proven whether Stone reached out to WikiLeaks on or even before November 9 or waited until days later, several of these stories incorporate details of that effort. Others ignore it.
  • Stone’s interactions with Guccifer 2.0: This story is virtually identical, albeit with additive bits, in three of the four stories. It is — almost — entirely absent from the prosecution.

The Manafort-Stone connection

One other detail to consider as you look at the different stories told here: Not a single one of them treats Manafort and Stone as a unit or a team. Partly this is just convenience. It’s hard to tell a story with two villains, and there is so much dirt on both Manafort and Stone, there’s more than enough material for one story for each. We also know that from the very beginning of the investigation, the Mueller team largely kept these strands separate, a team led by Andrew Weissmann focusing on Manafort and a team led by Jeannie Rhee focusing on Russian outreach (though 302s and other documents show that Rhee definitely participated in both, and Weissmann describes working closely with Rhee in his book).

But Roger Stone played a key role in getting Manafort hired by the Trump campaign. They were friends from way back. They used each other to retain a presence on the campaign after they got booted. Stone made reckless efforts to obtain the Podesta files partly in a bid to save Manafort. So while it’s easy to tell a story that keeps the Manafort corruption and the Stone cheating separate, that may not be the correct cognitive approach to understand what happened.

None of these stories tell the complete story. Most deliberately avoid doing so, and the one that tried, the SSCI Report, stopped short of telling all that’s public and didn’t have access to much that remains secret. Reading them together may point to what really happened.

Links to all posts in the series

Robert Mueller Insinuates Andrew Weissmann Had Incomplete Information

I’ve started reading Andrew Weissmann’s book.

I’m sure I’ll have a review of it one day, like I one day will finally do the post explaining why I think Peter Strzok’s book came 6 months or maybe a year too late.

But for the moment, I want to talk about this Robert Mueller comment obliquely pushing back on Weissmann’s book.

Former special counsel Robert S. Mueller III pushed back Tuesday against a prosecutor in his office who says in a tell-all book that investigators should have done more to hold President Trump accountable, suggesting that the account is “based on incomplete information” and asserting that he stands by his decisions in the case.

The rare public statement from Mueller came on the day Andrew Weissmann, a former prosecutor in the special counsel’s office, released a book alleging that the group did not fully investigate Trump’s financial ties and should have stated explicitly that it believed he obstructed justice.

Although Mueller’s statement did not name Weissmann or the book, “Where Law Ends,” it seemed clearly designed to address some of his complaints — particularly those directed at Aaron Zebley, Mueller’s top deputy, whom Weissmann said was not sufficiently aggressive.

“It is not surprising that members of the Special Counsel’s Office did not always agree, but it is disappointing to hear criticism of our team based on incomplete information,” Mueller said.

Weissmann’s book bills itself as the tell-all from the investigation. But it’s generally not. It’s the tell-all of one-third of the investigation, the Manafort team. The book will tell how they got Rick Gates to flip and thought they got Manafort to cooperate but in the end Manafort just used that as an opportunity to find out what prosecutors knew, so he could report back to Trump. There are interesting details in that. But the interesting details cover just a third of the investigation.

Just as a metric of what I mean, the name Stone shows up 18 times in his book, and a number of those contextualize the rat-fucker’s decades-old relationship with Manafort.

I think Mueller’s comment suggesting that Weissmann had “incomplete information” is particularly salient, given what is public with regards to the obstruction investigation, another third of the investigation.

That’s because the way the Mueller Report is built, it lays out predicate such that when Trump commutes Stone’s sentence or when Trump causes his Attorney General to move Manafort to home confinement or when Trump gets Barr to use throw multiple different flunkies to blow up the Mike Flynn prosecution — all in an effort to get Roger Stone and Paul Manafort and Mike Flynn to continue to cover up what really happened in 2016 — that only builds on the obstruction volume. Those efforts become part of a continuing conspiracy to cover all this up. So, short of the increasing likelihood that Trump pardons himself and/or refuses to cede power, the Mueller investigation is preserved, the obstruction charges are preserved. They’re even preserved given Billy Barr’s judgement that the facts, on March 22, 2019 did not yet merit obstruction charges, because after that time, Trump would have done what it was obvious he would do as laid out in Volume II, in fact what Billy Barr said was a crime three times in his confirmation hearing.

The way in which the Mueller Report is drafted, it takes the rule that you cannot charge the President for anything, and preserves the obstruction charges that everyone agrees he should be charged with. It not only does that, but it lays out evidence that if Trump uses his pardon power to reward his flunkies for covering up his actions — something even Billy Barr has said is a crime — then it will amount to completing the criminal act of obstruction. The Mueller Report lays out the evidence why the actions that Trump will eventually take (and to a significant extent, has already taken) amount to a crime.

That’s a still-imperfect solution, given that Congress didn’t do what Mueller seems to have expected (impeach) and given that Trump looks increasingly likely to refuse to leave. It doesn’t negate what Weissmann argues about the rule of law.

But it does make Mueller’s public but oblique rebuke of Weissmann far more interesting.

Lindsey Graham, Chuck Grassley, and Mike Lee Exhibit Utter Ignorance about FBI Certification on FISA Applications

Jim Comey’s testimony in Lindsey’s Graham’s purported investigation of FISA — by which Lindsey means using the Carter Page FISA application as a stand-in for the Russian investigation more generally while remaining silent about both DOJ IG findings that the problems identified with the Page application are true more generally, and about ongoing 702 abuses under Bill Barr and Chris Wray — just finished.

As a Comey hearing connoisseur, it wasn’t bad. Notably, he repeatedly refused to answer questions for which the presumptions were false.

But as a connoisseur of hearings on FISA and FBI oversight, it was an atrocity.

This hearing was meant to talk about the dangers of counterintelligence investigations that unfairly treat people as Russian agents, meaning Page. But by my count, on at least 19 occasions, Republicans raised the investigation into Christopher Steele’s primary subsource, Igor Danchenko, for being a suspected Russian Agent. The investigation lasted from 2009 to 2011. It used many of the same tactics used against Page, Mike Flynn, and Paul Manafort. While the FBI closed the investigation in 2011 because Danchenko left the country — meaning they never affirmatively decided he wasn’t a Russian spy — neither did they decide he was.

That makes Danchenko exactly like Carter Page, someone once suspected of and investigated over a period for being a Russian Agent, but about whom the investigation was inconclusive, with remaining unanswered questions.

If you believe in due process in this country, you treat Igor Danchenko exactly like you’d like Carter Page to be treated.

And Republicans — starting and ending with Lindsey Graham — over and over again — stated that Danchenko was a suspected Russian agent in 2016 (which is plausible but for which there is no evidence) and even, repeatedly, stated as fact that he was a Russian spy. Lindsey claimed at one point that “the Primary Subsource was a Russian agent.” He later called Danchenko, “Igor the Russian spy.”

Republicans today did everything they complain was done with Carter Page, but they did so in a public hearing.

Danchenko may very well have been still suspect in 2016; that may very well have been something to consider when vetting the dossier (though as Comey noted, it could either corroborate that Danchenko had the sources he claimed or raise concerns about Russian disinformation). That absolutely should have been a factor to raise concerns about Russian disinformation. But everything in the public record shows that Danchenko was, in 2016, in exactly the same status Page will be in 2022, someone against whom an inconclusive foreign agent investigation was closed years earlier.

Still worse, at a hearing in which Lindsey Graham and other Republican Senators claimed they wanted to fix the problems in the FISA process identified as part of the Carter Page application, one after another — including Graham, Chuck Grassley, Mike Lee, Josh Hawley, and Joni Ernst — betrayed utter ignorance about the role of the FBI Director’s certification in a FISA application.

By statute, the FBI Director (or National Security Advisor) certification requires a very limited set of information, basically explaining why the FBI wants to and can use a FISA warrant rather than a criminal warrant, because they believe the desired information in part pertains to a national security threat.

(6)a certification or certifications by the Assistant to the President for National Security Affairs, an executive branch official or officials designated by the President from among those executive officers employed in the area of national security or defense and appointed by the President with the advice and consent of the Senate, or the Deputy Director of the Federal Bureau of Investigation, if designated by the President as a certifying official–

(A)that the certifying official deems the information sought to be foreign intelligence information;

(B)that a significant purpose of the surveillance is to obtain foreign intelligence information;

(C)that such information cannot reasonably be obtained by normal investigative techniques;

(D)that designates the type of foreign intelligence information being sought according to the categories described in section 1801(e) of this title; and

(E)including a statement of the basis for the certification that—

(i)the information sought is the type of foreign intelligence information designated; and

(ii)such information cannot reasonably be obtained by normal investigative techniques;

Thanks to the declassification of the Carter Page FISA applications, we can see what the declaration Comey signed looked like. In 8 pages tracking the statutory requirement, it explains (in redacted language) what kind of foreign intelligence information FBI hoped to obtain from the FISA, and why normal investigative methods are not sufficient to achieve those objectives.

Not a shred of that declaration pertains to the underlying affidavit.

And Comey tried to alert people to this, over and over, in the hearing, stating that his certification was very limited, even while taking responsibility in the affidavit that he didn’t sign (and once, in response to a question from Lindsey, stating explicitly that he had not signed). Rather than asking him what his certification entailed and how he thought about that responsibility, Republican Senators entrusted with overseeing FISA insinuated over and over, falsely, that he should have known the underlying pieces of evidence used to obtain the FISA.

Maybe he should have. He frankly exhibited some awareness of what was in that.

But that’s not what the law requires. And if the Senate Judiciary Committee wants FBI Directors signing FISA applications to have that kind of granular awareness of case, they need to rewrite the law to mandate it.

Instead, they simply exhibited their utter lack of awareness of what FISA law requires.

Some of these Senators, notably Grassley, have been overseeing FISA for decades. Lindsey heads this committee. Mike Lee is easily among the Senators who is best informed about FISA. And yet none of them know — not even with a declassified application to read — what it is that the FBI Director certifies.

Roger Stone Demanded Lists from Rick Gates at Least Nine Times During the 2016 Election

For a whole slew of reasons, I want to point out a detail in an exhibit released in Roger Stone’s trial: He asked for “lists” — once explicitly described as donor lists, but described as voter registration lists by Stone’s attorney, Bruce Rogow, at trial — from Rick Gates at least nine times:

4/30/16, 2:37:22 PM [Stone to Gates]: Obtain the donor list- I Need it soon to effect [sic] California!!

5/11/16, 7:16:14 AM [Stone to Gates]: Get the list. I don’t care about anything else.

5/11/16, 1:08:05 PM [Stone to Gates]: Get the list !!!!!!!

5/13/16, 1:52:51 AM [Stone to Gates]: Tried – corey trying desperately to tie me to New PAC and Trump seems to be unaware that this PA

5/13/16, 1:15:31 AM [Gates to Stone]: New updates.

5/13/16, 1:32:00 PM [Stone to Gates]: Can make sure Manafort makes sure Trump knows about Sovereignty PAC-???

5/15/16, 2:36:32 PM [Gates to Stone]: Did you see the positive press o. AS PAC? Hope it holds.

5/17/16, 3:54:53 PM [Stone to Gates]: Get the list.

5/17/16, 7:19:20 PM[Stone to Gates]: Get the list – “u need to reconcile against FEC report” crucial

6/21/16, 3:54:40 PM [Stone to Gates]: Lists Friday ??? please

7/2/16, 5:59:17 PM [Stone to Gates]: Lists? You said last weds

9/21/16, 10:30:25 PM [Stone to Gates]: Please get me lists – please.

9/26/16, 8:30:22 PM [Stone to Gates]: Lists????

9/28/16, 1:43:14 AM [Stone to Gates]: Are u going to send me the lists in time for me to use? do me no good after the election

10/19/16, 5:00:14 PM [Stone to Gates]: Lists…..pls

It’s not entirely clear why they were included at trial. The government had talked about introducing 404b information showing Stone illegally coordinating with the campaign, but there was more focus, on that point, on Stone’s discussions with Steve Bannon about obtaining funding from Rebekah Mercer while the latter was campaign manager.

Perhaps the defense wanted to include these exchanges as proof that Stone’s conversations with Gates focused more often on lists than on WikiLeaks. In his cross examination of Gates, Rogow got Trump’s former Deputy Campaign Manager to confirm that Stone, “continually asked questions about voter registration lists.”

Q. Mr. Stone’s role in the campaign dealt with voter registration lists, primarily, didn’t it?

A. I didn’t know what Mr. Stone was responsible for prior to when I arrived. When I arrived, Mr. Stone had already left the campaign.

Q. Did Mr. Stone continually ask questions about voter registration lists?

A. He did.

To be clear: I’m completely agnostic what Stone’s requests were about. But there are a slew of possibilities.

One reason I raise it — given a Campaign Legal Center complaint to the FEC, alleging that Trump laundered $170 million in campaign funding through Brad Parscale’s firms and news today of Parscale’s attempt at self-harm yesterday — pertains to some comments that Paul Manafort made in a September 27, 2016 interview:

Stone had a PAC that was not well funded and he wanted Manafort to designate it as the favored PAC for the campaign, but Manafort did not want to. Lewandowski also had a PAC and wanted the same thing, and Manafort did not want to deal with internal politics related to their PACs. He thought it was a good idea to have a designated PAC, he just did not want it to be either Stone’s or Lewandowski’s.

[snip]

Manafort was not sure how Stone made his money. Manafort knew Stone wrote books and gave speeches and did some consulting. Manafort knew Stone was working on a book about the Trump campaign and consulted with different candidates and on various referenda. Manafort did not know Stone’s client base. Manafort was not familiar with the company Citroen.

Manafort’s comments are positively hilarious. He presents this as a battle between Stone and Corey Lewandowski over who could make the most profit off of illegally coordinating with the campaign. That battle was real, and cut throat.

But at the time Stone and Lewandowski were fighting that out, Manafort’s allies had their own PAC that prosecutors at least suspected that Manafort used as a kick back system to get paid. Manafort didn’t want anyone else to be the official illegally coordinating campaign, presumably, because he wanted his PAC to have that role. And at the time Manafort made this comment in September 2018, he was pretty aggressively trying to hide how his own PAC worked.

The investigation into Manafort’s PAC has been closed, whether because Bill Barr shut it down or prosecutors gave up trying to untangle it.

But the CLC complaint into Trump’s current campaign alleges that one of Parscale’s firms, American Made Media Holding Corporation, serves as a pass through for campaign vendor services that are therefore improperly shielded from campaign finance reporting.

Approximately one month after AMMC’s formation, the Trump campaign began reporting sizable payments to AMMC, and AMMC soon became the Trump campaign’s largest vendor. Since 2019, the Trump campaign has reported paying $106 million to AMMC for an array of general purposes, including placed media, consulting, online advertising, SMS advertising, and more; the Trump Make America Great Again Committee has reported over $61 million in payments to AMMC, largely for online advertising.

Available evidence indicates that AMMC is not directly providing those services to the Trump campaign, but instead is acting as a “clearinghouse”10 that disburses Trump campaign funds to other vendors, “effectively shielding the identities of the underlying contractors being paid for Trump campaign work.”11 In several instances, Trump campaign officials and public reports have described other firms as major contractors providing services to the Trump campaign, yet those contractors’ names do not appear on the Trump campaign’s reports filed with the Commission; instead, it appears that the Trump campaign reports payments to AMMC, which then passes on the funds to the intended payees.

For example, Trump campaign officials have spoken publicly about directing and managing the development of a mobile app produced by the software company Phunware, yet the Trump campaign has not reported direct payments to the company. Other public records suggest that the Trump campaign is contracting with Realtime Media and Opn Sesame— firms headed by the Trump campaign’s digital director, Gary Coby12—yet neither firm has appeared on the campaign’s reports filed with the FEC. Federal Communications Commission (“FCC”) records show that the Trump campaign’s ads are placed by the firm Harris Sikes Media, but the campaign has not reported payments to that firm during the 2019-20 election cycle. Available evidence indicates that the Trump campaign is selecting, directing, and controlling these vendors and their work, yet is failing to report payments to the firms and is instead using AMMC as a conduit for its payments to the firms. Other possible vendors that the campaign may be paying through AMMC, such as those providing services for direct mail, software, subscriptions, or video production—all services for which the campaign has also described paying AMMC this cycle—are not ascertainable through public records.

In addition, CLC reviews some of the reporting that Parscale pays a number of people — notably Don Jr’s girlfriend and Eric Trump’s wife — for their work on the campaign.

Additionally, the Trump campaign is currently paying Parscale Strategy, the consulting firm of former Trump campaign manager Brad Parscale, approximately $48,000 a month for “strategy consulting,” and, according to multiple media reports, using Parscale Strategy as a conduit for salary payments to particular campaign staff.13

[snip]

Similarly, in a July 15, 2020 article reporting on Parscale’s change of position within the campaign, the Washington Post reported that Parscale’s “firm, Parscale Strategy, bills for the campaign salaries of Lara Trump and Kimberly Guilfoyle, the wife and girlfriend respectively of Trump’s two oldest sons, Eric and Donald Jr.”93

In the 2020 cycle, the Trump campaign has not directly reported making any salary payments to campaign manager Brad Parscale, nor has it reported any salary payments to Kimberly Guilfoyle or Lara Trump.94

This is the kind of scheme that the NYT described in its blockbuster report on Trump’s tax returns, though in that case the “consultant” was Ivanka.

Examining the Trump Organization’s tax records, a curious pattern emerges: Between 2010 and 2018, Mr. Trump wrote off some $26 million in unexplained “consulting fees” as a business expense across nearly all of his projects.

In most cases the fees were roughly one-fifth of his income: In Azerbaijan, Mr. Trump collected $5 million on a hotel deal and reported $1.1 million in consulting fees, while in Dubai it was $3 million with a $630,000 fee, and so on.

Mysterious big payments in business deals can raise red flags, particularly in places where bribes or kickbacks to middlemen are routine. But there is no evidence that Mr. Trump, who mostly licenses his name to other people’s projects and is not involved in securing government approvals, has engaged in such practices.

Rather, there appears to be a closer-to-home explanation for at least some of the fees: Mr. Trump reduced his taxable income by treating a family member as a consultant, and then deducting the fee as a cost of doing business.

The “consultants” are not identified in the tax records. But evidence of this arrangement was gleaned by comparing the confidential tax records to the financial disclosures Ivanka Trump filed when she joined the White House staff in 2017. Ms. Trump reported receiving payments from a consulting company she co-owned, totaling $747,622, that exactly matched consulting fees claimed as tax deductions by the Trump Organization for hotel projects in Vancouver and Hawaii.

When CLC filed an FEC complaint against the grift of Lev Parnas and Igor Fruman in 2018, they shared the complaint with SDNY, which is what led to the prosecution of Rudy’s grifters. Here, the appropriate venue would likely be FL or TX (so less likely to pursue a vigorous investigation), but given CLC’s past practice, one should assume it’s likely the information was shared.

In 2016, Trump engaged in all sorts of dodgy campaign financing. But possibly because his key advisors were in such a cutthroat competition with each other, only the now-closed Manafort investigation and the inauguration funding got much scrutiny.

But now, with everything centralized in Parscale’s sports cars, it may be easier to see the grift.

Then there’s what Cambridge Analytica did, some independently and some with the campaign. Channel 4 in the UK has a story today on how aggressively Trump suppressed the black vote.

Finally, I think it’s also important to note that Trump’s Deputy Campaign Manager was being asked (there’s only one indication, May 13, 2016, that Gates delivered, and even that’s not definite) to provide Trump’s rat-fucker with voting lists in a parallel time table as he was providing Russian intelligence officer Konstantin Kilimnik polling data. In September, Russian hackers would spend much of the month making copies of Hillary’s analytics on AWS.

In any case, Trump continues to be surrounded by people who are clearly grifting off their work with him, without much clarity on how they’re doing so and what the implications of all that are.

Billy Barr Releases 302 that Proves View of Pro Mike Flynn Agent Held Sway in Mueller Report Conclusions

Before I do a deep dive of the 302 that Billy Barr had released in yet another attempt to blow up the Mike Flynn prosecution, let me review the conclusion of the Mueller Report was with regards to whether President Trump even knew about Mike Flynn’s calls with Sergey Kislyak, much less ordered them.

Some evidence suggests that the President knew about the existence and content of Flynn’s calls when they occurred, but the evidence is inconclusive and could not be relied upon to establish the President’s knowledge.

[snip]

Our investigation accordingly did not produce evidence that established that the President knew about Flynn’s discussions of sanctions before the Department of Justice notified the White House of those discussions in late January 2017.

The conclusion is central to the finding that there was no proof of a quid pro quo. If Trump had ordered Flynn to undermine sanctions — as a sentencing memo approved by Main DOJ explained — it would have been proof of coordination.

The defendant’s false statements to the FBI were significant. When it interviewed the defendant, the FBI did not know the totality of what had occurred between the defendant and the Russians. Any effort to undermine the recently imposed sanctions, which were enacted to punish the Russian government for interfering in the 2016 election, could have been evidence of links or coordination between the Trump Campaign and Russia. Accordingly, determining the extent of the defendant’s actions, why the defendant took such actions, and at whose direction he took those actions, were critical to the FBI’s counterintelligence investigation.

That means the conclusion adopted by the Mueller Report is precisely the one that the FBI Agent who investigated Flynn, William Barnett, held, as described repeatedly in the interview done by Jeffrey Jensen in an attempt to undermine the Mueller prosecution.

With respect to FLYNN’s [redacted] with the Russian Ambassador in December 2016, BARNETT did not believe FLYNN was being directed by TRUMP.

The Mueller Report reached that conclusion in spite of the fact that — as Barnett describes it — in his second interview, Flynn said that Trump was aware of the calls between him and the Russian Ambassador.

During one interview of FLYNN, possibly the second interview, one of the interviewers asked a series of questions including one which FLYNN’s answer seemed to indicate TRUMP was aware of [redacted] between FLYNN and the Russian Ambassador. BARNETT believed FLYNN’s answer was an effort to tell the interviewers what they wanted to hear. BARNETT had to ask the clarifying question of FLYNN who then said clearly that TRUMP was not aware of [redacted]

Barnett then goes on a paragraph long rant claiming there was no evidence that Trump was aware.

BARNETT said numerous attempts were made to obtain evidence that TRUMP directed FLYNN concerning [redacted] with no such evidence being obtained. BARNETT said it was just an assumption, just “astro projection,” and the “ground just kept being retreaded.”

The claim that there was no evidence that Trump directed Flynn to undermine sanctions is false. I say that because Flynn himself told Kislyak that Trump was aware of his conversations with Kislyak on December 31, 2016, when Kislyak called up to let Flynn know that Putin had changed his mind on retaliation based on his call.

FLYNN: and, you know, we are not going to agree on everything, you know that, but, but I think that we have a lot of things in common. A lot. And we have to figure out how, how to achieve those things, you know and, and be smart about it and, uh, uh, keep the temperature down globally, as well as not just, you know, here, here in the United States and also over in, in Russia.

KISLYAK: yeah.

FLYNN: But globally l want to keep the temperature down and we can do this ifwe are smart about it.

KISLYAK: You’re absolutely right.

FLYNN: I haven’t gotten, I haven’t gotten a, uh, confirmation on the, on the, uh, secure VTC yet, but the, but the boss is aware and so please convey that. [my emphasis]

Flynn literally told the Russian Ambassador that Trump was aware of the discussions, but Barnett claims there was no evidence.

Now is probably a good time to note that, months ago, I learned that  Barnett sent pro-Trump texts on his FBI phone, the mirror image of Peter Strzok sending anti-Trump texts.

So Billy Barr has released a 302 completed just a week ago, without yet releasing the Bill Priestap 302 debunking some of the earlier claims released by Billy Barr in an attempt to justify blowing up the Flynn prosecution, much less the 302s that show that Flynn appeared to lie in his first interview with Mueller’s investigators (as well as 302s showing that KT McFarland coordinated the same story).

And the 302 is an ever-loving shit show. Besides the key evidence — that his claim that investigators didn’t listen to him even though the conclusion of the Mueller Report is the one that he says only he had — Barnett disproves his claims over and over in this interview.

Barnett’s testimony substantially shows five things:

  • He thought there was no merit to any suspicions that Flynn might have ties to Russia
  • He nevertheless provided abundant testimony that some of the claims about the investigation (specifically that Peter Strzok and probably Brandon Van Grack had it in for Flynn) are false
  • Barnett buries key evidence: he mentions neither that Flynn was publicly lying about his conversations with Sergey Kislyak (which every other witness said was driving the investigation), and he did not mention that once FBI obtained call records, they showed that Flynn had lied to hide that he had consulted with Mar-a-Lago before he called Sergey Kislyak
  • Jensen didn’t ask some of the most basic questions, such as whether Barnett thought he had to investigate further after finding the Kislyak call or who the multiple people Barnett claimed joked about wiping their phone were
  • Barnett believes that Mueller’s lawyers (particularly Jeannie Rhee and Andrew Weissmann) were biased and pushing for a conclusion that the Mueller Report shows they didn’t conclude, but he didn’t work primarily with either one of them and his proffered evidence against Rhee actually shows the opposite

According to the org charts included in the Carter Page IG Report (PDF 116), it appears that Barnett would have been on a combined Crossfire Hurricane team from July 31 to December 2016; the report says he was working on the Manafort case.

Then, he took over the Flynn case. He would have reported up through someone else who also oversaw the George Papadopoulos investigation, but he would not be part of that investigation.

Even after a subsequent reorganization, that would have remained true until the Mueller investigation, when — by his own description — Barnett remained on the Flynn team.

Early in his 302, Barnett described that he thought the investigation was “supposition on supposition,” which he initially attributed to not knowing details of the case. Much later in the interview, he said he, “believed there were grounds to investigate the other three subjects in Crossfire Hurricane; however, he thought FLYNN was the ‘outlier.'” which conflicts with his earlier claim.

By his own repeated description, Barnett did not open the Flynn case and did not understand why it had been opened (he doesn’t explain that this was an UNSUB investigation, which undermines much of what he says). Moreover, his complaints about the flimsy basis for the Flynn investigation conflict with what Barnett said in the draft closing memo for the investigation, which explained that the investigation was opened,

on an articulable factual basis that CROSSFIRE RAZOR (CR) may wittingly or unwittingly be involved in activity on behalf of the Russian Federation which may constitute a federal crime or threat to the national security.

[snip]

The goal of the investigation was to determine whether the captioned subject, associated with the Trump campaign, was directed and controlled by and/or coordinated activities with the Russian Federation in a manner which is a threat to the national security and/or possibly a violation of the Foreign Agents Registration Act, 18 U.S.C. section 951 et seq, or other related statutes.

A key detail here is that Barnett himself said part of this was an attempt to figure out whether Flynn may have unwittingly been targeted by Russia, which makes his focus on crime in the Jensen interview totally contradictory.

Barnett did explain that NSLs were written up in December but pulled back (these were also released last night, though not with the detail that they were withdrawn). He claimed not to know why the NSLs were withdrawn.

A National Security Letter (NSL) had been prepared to obtain “toll records” for a phone belonging to FLYNN. The request was “pulled back” prior to the records being obtained. Peter Strzok (STRZOK) was the individual who ordered the NSL be pulled back. BARNETT was not told why the NSL was pulled back.

In the draft closing that Barnett himself wrote, he explained that because Flynn was not at that point named as a possible agent of a foreign power, that limited the investigative techniques they might use.

The writer notes that since CROSSFIRE RAZOR was not specifically named as an agent of a foreign power by the original CROSSFIRE HURRICANE predicated reporting, the absence of any derogatory information or lead information from these logical source reduced the number of investigative avenues and techniques to pursue.

That’s also another reason (not noted by Barnett in this interview) why he didn’t get a 215 order.

BARNETT chose not to obtain records through FISA Business Records because he advised this process is comparatively onerous.

Note that Strzok’s order to withdraw the NSL is yet more proof that Strzok was not out to get Flynn.

Barnett also confirmed something else that Strzok has long said — that they chose not to use any overt methods during the election (unlike the Hillary investigation).

BARNETT was told to keep low-key, looking at publicly available information.

Again, this adds to the evidence that no one was out to get Trump.

Barnett also explains how Stefan Halper shared information about Flynn, and he — a pro-Trump agent skeptical of the investigation — decided to chase down the Svetlana Lokhova allegation.

The source reported that during an event [redacted] 2014 FLYNN unexpectedly left the event [redacted] The source alleged FLYNN was not accompanied by anyone other [redacted] BARNETT believed the information concerning [redacted] potentially significant and something that could be investigated. However, Intelligence Analysts did not locate information to corroborate this reporting concerning redacted] FLYNN, including inquiries with other foreign intelligence agencies. BARNETT found the idea FLYNN could leave an event, either by himself or [redacted] without the matter being noted was not plausible. With nothing to corroborate the story, BARNETT thought he information was not accurate.

Later on, Barnett seems to make an effort to spin his inclusion of the Lokhova information in the closing memo as an attempt to help Flynn, describing,

BARNETT wanted to include information obtained during the investigation, including non-derogatory information. BARNETT wanted to include [redacted] specifically [redacted] FLYNN. The [redacted] and FLYNN were only in the same country, [redacted], the same time on one occasion and at that time they were visiting different cities.

That is, something in the closing memo that has been spun as an attack on Flynn he here spins as an attempt to include non-derogatory information, to help Flynn.

I find it curious that the main reason Barnett dismissed this allegation is because he found it implausible that a 30-year intelligence officer would know how to leave a meeting unnoticed. But let it be noted that for over a year, Sidney Powell has suggested that chasing down this tip was malicious targeting of Flynn, and it turns out a pro-Trump agent is the one who chased it down.

In many places, Barnett’s narrative is a muddle. For example, early in his interview, he said that he worked closely with Analyst 1 and Analyst 2. Analyst 2 worked on the Manafort investigation. Barnett had to get the Flynn files from Analyst 1, suggesting Analyst 1 had a key role in that investigation. But then later in the interview, after explaining that Analyst 1, “believed the investigation was an exercise in futility,” Barnett then said that Analyst 3 “was the lead analyst on RAZOR.” Barnett described that Analyst 3 was “‘a believer’ due to his conviction FLYNN was involved in illegal activity,” but also described that Analyst 3 was the one who didn’t want to interview Flynn. But then Barnett explains several other people who did not want to interview Flynn, in part because the pretense Barnett wanted to use (that it was part of a security clearance) was transparently false.

Barnett then explains that he did not change his opinion about whether Flynn was compromised based on reading the transcript (it’s unclear whether he read just one or all of them) of Flynn’s call with Kislyak. He explained that he “did not see a potential LOGAN ACT violation as a major issue concerning the RAZOR investigation.”

There are several points about this request. First, Jeffrey Jensen is taking a line agent’s opinion about a crime as pertinent here, after Billy Barr went on a rant the other day about how line agents and prosecutors don’t decide these things (showing the hypocrisy of this entire exercise). Barnett’s account undermines the disinformation spread before that the Logan Act claim came from Joe Biden, disinformation which Jensen himself wrongly fed.  Significantly, Barnett does not appear to have been asked whether he thought the transcripts meant he had to investigate further. 

Barnett says “in hindsight” he believes he was cut out of the interview of Flynn, based solely on the norm that normally “a line agent/case agent would do the interview with a senior FBI official present in cases concerning high ranking political officials.” He doesn’t consider the possibility that Joe Pientka did it because he had been in the counterintelligence briefing with Flynn the previous summer, which is what the DOJ IG Report said.

He then says “There was another reorganization of the Crossfire Hurricane investigation after the 1/24/17 interview of Flynn. This conflicts, somewhat, with both the org charts Michael Horowitz did, but also texts already released showing the reorg started in the first days of January (though the texts are consistent with the initial plan for Barnett and Andy McCabe to interview Flynn and I don’t necessarily trust the DOJ IG Report over Barnett), but that was before a lot else happened.

Only after describing a post-interview reorganization does Barnett raise something that all the public record says happened earlier, that, “The FBI was reacting to articles being reported in the news, most notably an article written by Ignatius concerning [redacted] involving FLYNN to a Russian Ambassador.” But even here, Barnett does not talk (nor does he appear to have been asked) about Flynn lying to the press about the intercepts. In other words, Jensen’s investigators simply didn’t address what every single witness says was the most important factor at play in the decision to interview Flynn, his public lies about the calls with Kislyak.

In one place, Barnett claims that “base-line NSLs” were filed “after the article by Ignatius,” which would put it in mid-January, before the interview. Later, he says that “In February 2017, NSLs were being drafted with [SA3] instructing BARNETT what needed to be done,” putting it after Flynn obviously lied in his interview. At best, that suggests Barnett is eliding the timeline in ways that (again) don’t deal with the risk of Flynn’s public lies about the Kislyak call.

Barnett then claims that McCabe was running this (in spite of the involvement of SA3 and his earlier report — and Horowitz’s org chart, not to mention other evidence documents already released — showing the continued involvement of Strzok). Barnett also backed getting NSLs in early 2017, and even insisted, again, that they should have been obtained earlier. Jensen appears to be making a big deal out of the fact that Kevin Clinesmith approved the NSLs against Flynn in 2017.

BARNETT said he sent an e-mail to CLINESMITH on 02/01/2017 asking CLINESMITH about whether the predication information was acceptable, as it was the same information provided on the original NSL request in 2016. CLINESMITH told BARNETT the information was acceptable and could be used for additional NSLs.

There’s a lot that’s suspect about this line of questioning, not least that the predicate for the investigation as a whole was different than the one for Flynn. But I’m sure we’ll hear more about it.

A Strzok annotation of a NYT article that Lindsey Graham released makes it clear that by February 14, 2017, the FBI still hadn’t obtained the returns from most of the NSLs.

Barnett seems to suggest that as new information came in “in BARNETT’s opinion, no evidence of criminal activity and no information that would start a new investigative direction.” If he’s referring to call records (which is what the NSLs would have obtained) that is, frankly, shocking, as the call records would have shown that Flynn also lied about being in touch with Mar-a-Lago before calling Kislyak. It’s what Flynn was trying to hide with his lies! And yet Barnett says that was not suspect.

Then Barnett moved onto the Mueller team. He starts his discussion with another self-contradictory paragraph.

BARNETT was told to give a brief on FLYNN to a group including SCO attorney Jean Rhee (RHEE), [four other people], and possibly [a fifth] BARNETT said he briefly went over the RAZOR investigation, including the assessment that there was no evidence of a crime, and then started to discuss [redacted — probably Manafort] which BARNETT thought was the more significant investigation. RHEE stopped BARNETT’s briefing [redacted] and asked questions concerning the RAZOR investigation. RHEE wanted to “drill down” on the fees FLYNN was paid for a speech FLYNN gave in Russia. BARNETT explained logical reasons for the amount of the fee, but RHEE seemed to dismiss BARNETT’s assessment. BARNETT thought RHEE was obsessed with FLYNN and Russia and she had an agenda. RHEE told BARNETT she was looking forward to working together. BARNETT told RHEE they would not be working together.

First, by his own description, Barnett was asked to brief on Flynn, not on Manafort (or anyone else); he was still working Flynn and not (if Horowitz’s org chart is to be trusted) involved anymore with Manafort at all. So if he deviated from that, he wasn’t doing what he was supposed to do in the briefing, which might explain why people in the briefing asked him to return to the matter at hand, Flynn. Furthermore, in much of what comes later, Barnett claims the prosecutors overrode the agents (in spite of the fact that, as shown, the final conclusion of the report sided with Barnett). But Barnett here shows that from his very first meeting with Mueller prosecutors, he was the one being bossy, not the prosecutors.

Update: I’ve since learned that the redacted information pertains to the Flynn Turkey case. The point about Rhee still stands, however. Rhee was in charge of the Russian side of the investigation. She asked questions about the Russian side of the investigation. She was polite and professional. He responded by being an abusive dick. What this paragraph shows is that Barnett has a workplace behavior problem, and he used his own workplace behavior problem to try to attack the female colleague he was being an asshole to.

Barnett’s continued complaints about Rhee (and Weissmann) are nutty given that, as a Flynn agent, he wouldn’t have been working with them.

Barnett claims that,

In March or April 2017, Crossfire Hurricane went through another reorganization. All of the investigations were put together.

The timing coincides with, but the structure does not match, what appears in the Carter Page IG Report (though, again, I don’t necessarily assume DOJ IG got it right).

Then Barnett makes a claim that conflicts with a great deal of public facts:

On 05/09/2017, COMEY was fired which seemed to trigger a significant amount of activity regarding Crossfire Hurricane. Carter Page was interviewed three times and PAPADOPOULOS was also interviewed. Both investigations seemed to be nearing an end with nothing left to pursue. the MANAFORT case was moved from an investigative squad to a counter intelligence squad [redacted] The Crossfire Hurricane investigations seemed to be winding down.

The appointment of the SCO changed “everything.”

At least according to the Horowitz org chart, these weren’t his investigations. A list of interviews shows that FBI had not interviewed the witnesses to Carter Page’s trip before June 2017 (though it is true that the investigation into him was winding down). The details of the Papadopoulos investigation would have shown that it was after at least the first (and given the Strzok note about NSLs) after probably several more interviews before the FBI discovered that Papadopoulos tried to hide extensive contacts with Russians by deactivating his Facebook account. Mueller didn’t even obtain Papadopoulos’ Linked In account until July 7, 2017, and that was just the second warrant obtained by Mueller’s prosecutors, almost three months after he was appointed; that warrant would have disclosed Papadopoulos’ ties to Sergei Millian and further contacts with the Russians. Some of the earliest activity in the investigation pertain to Michael Cohen (in an investigation predicated off of SARs), with the Roger Stone investigation barely beginning in August, neither of which are included in Barnett’s comments. And Barnett makes no mention of the June 9 meeting, discovered only as a result of Congress’ investigations, which drove some of the early investigative steps.

Which is to say, the evidence seems to have changed everything. And yet he says it was Mueller.

And yes, Jim Comey’s firing is part of that. But as to that, Barnett has this ridiculous thing to say:

As another example [of a “get Trump” attitude] BARNETT said the firing of FBI Director COMEY was interpreted as obstruction when it could just as easily have been done because TRUMP did not like COMEY and wanted him replaced.

Well, sure, in the absence of the evidence that might be true. But not when you had Comey’s memos that described how, first of all, Trump had committed to keeping Comey on (meaning he didn’t not like Comey!) but afterwards had tried to intervene in an ongoing investigation. It’s possible Barnett did not know that in real time — it wasn’t his investigation — but it’s not a credible opinion given what is in the memos.

Barnett also claims, as part of his “proof” that people wanted to get Trump that,

Concerning FLYNN, some individuals in the SCO assumed FLYNN was lying to cover up collusion between the TRUMP campaign and Russia. BARNETT believed Flynn lied in the interview to save his job, as that was the most plausible explanation and there was no evidence to contradict it.

Yes. There is evidence. The evidence is that Flynn’s lies hid his consultations with Mar-a-Lago, about which he also lied.

In a passage similarly suggesting that KT McFarland told the same lies that Flynn did because she wanted to get the Singapore job, Barnett seems to refer to (and DOJ seems to have redacted) a reference to Brandon Van Grack (who is the only Mueller prosecutor whose name would span two lines).

If that is, indeed, a reference to Van Grack, then it means DOJ is hiding evidence that Van Grack (along with Strzok) was not biased against Flynn.

Note, too, that Barnett doesn’t reveal that McFarland only unforgot her conversations with Flynn after Flynn pled guilty, which has a significant bearing on how credible that un-forgetting was. Nor does he note that Mueller didn’t charge McFarland with lying. The Mueller Report almost certainly has a declination description for why they didn’t charge McFarland, which (if true), would make a second thing where Barnett’s minority opinion had been determinative for the actual report, in spite of his claim that the prosecutors were running everything.

Finally, the 302 notes that Barnett was asked about whether he “wiped” his own phone.

BARNETT had a cellular telephone issued by the SCO which he did not “wipe.” BARNETT did hear other agents “comically” talk about wiping cellular telephones, but was not aware of anyone “wiping” their issued cellular telephones. BARNETT said one agent had a telephone previously issued to STRZOK.

If this were even a half serious investigation, Barnett would have been asked to back that claim with names. He was not.

What Billy Barr and Jeffrey Jensen have done is show that the only witness they’ve found to corroborate their claims can’t keep his story straight from one paragraph to another, and claims to be ignorant of several central pieces of evidence against Flynn.

That’s all they have.


Given that this post takes such a harsh view on Barnett, reminder I went to the FBI in 2017 regarding someone with no ties to Trump but who sent me a text about (and denigrating) Flynn.