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DOJ’s Ukraine Fire Sale: The Jerry Nadler Questions Bill Barr Didn’t Answer

Yesterday, Natasha Bertrand posted a January 17, 2020 memo issued by Deputy Attorney General Jeffrey Rosen, which was cited in a response DOJ sent to a letter Jerry Nadler sent on February 10. In it, Assistant Attorney General for Legislative Affairs Stephen Boyd explained that — in addition to asking Scott Brady to manage intake of any disinformation Rudy Giuliani provides DOJ, Rosen “assigned Richard Donoghue, the U.S. Attorney for the Eastern District of New York, to assist in coordinating … several open matters being handled by different U.S. Attorney’s Offices and Department components that in some way potentially relate to Ukraine.”

Add Donoghue to the list of US Attorneys that Attorney General Barr has deployed in his effort to politicize the Department.

Because the Donoghue Ukraine news (and the suggestion that Donoghue may be overseeing an investigation into the Bidens) got so much attention, there has been little attention to the questions Nadler originally asked, most of which Boyd did not answer.

But those questions are perhaps more telling.

For starters, Bill Barr did not answer whether he intends to recuse himself from the Ukrainian grifter case.

In light of the allegations by Mr. Parnas against the Department and you personally, do you intend to recuse yourself from any and all communications relating to Ukraine? Have you done so already?

In addition, Barr did not answer several questions about communications between DOJ, Rudy, and the White House:

(8) Please state the dates of any communications between the Department and Mr. Giuliani regarding information relating to Ukraine or investigations of the Bidens. Please state who else, if anyone, participated in those communications.

(9) Has the Department shared any information it has received from Mr. Giuliani with President Trump or any other White House official? If so, please state the dates of any such communications, the participants in any such communications, and the nature of the information conveyed to the White House.

(10) Have you discussed the intake process with President Trump or any other White House official? If so, please state the dates of any such communications, the participants in any such communications, and the nature of the discussion.

The only answer Boyd gives to any of these questions effectively repeats DOJ’s September 25, 2019 press answer.

Finally, your letter poses questions regarding a September 25, 2019 press statement by the Department. That statement remains accurate. As Attorney General Barr has repeatedly affirmed, he has not discussed matters relating to Ukraine with Rudolph Giuliani.

In short, Bill Barr refused to answer a specific question about whether he should recuse from an investigation into which he has been personally implicated. And DOJ refused to explain precisely what kind of communications there have been between Rudy, DOJ, and the White House.

The Size of Bill Barr’s Cover-Up Hints at the Magnitude of What He’s Covering Up

After the Tuesday Afternoon Massacre — where four prosecutors withdrew from the Roger Stone case rather than be party to Bill Barr interfering in the prosecution of Trump’s rat-fucker — we learned on Friday that Bill Barr had deployed a third US Attorney — Saint Louis’ Jeffrey Jensen — to the DC US Attorney’s office as part of an elaborate cover-up for Trump’s crimes. I’m going to attempt to lay out the full scope of Barr’s attempted cover-up. This post will serve as an overview and I will update it with links to the known or suspected evidence and crimes that Barr is covering up. I’m not including efforts to launch or sustain investigations into those Trump perceives to be his enemies.

The cover-up has the following aspects:

Interim US Attorneys oversee investigations implicating Trump’s actions

Geoffrey Berman, Southern District of New York: For the most part, Berman seems to have operated independently after his appointment as US Attorney for SDNY, but there are recent concerns that investigations implicating Trump have been stymied:

  • Hush payments: After getting Michael Cohen to plead guilty to covering up Trump’s past sex partners during the election and obtaining testimony from National Enquirer, the investigation closed with no further charges on or before July 17, 2019.
  • Ukrainian grifters: There are conflicting stories about the scope of the investigation into Ukrainian grifters Lev Parnas and Igor Fruman, particularly with regards to how seriously SDNY is considering charges against Rudy Giuliani. WaPo reported steps taken implicating Rudy’s activities on February 14, 2020. But Parnas has insinuated that his sudden arrest on October 9 was an attempt to keep him silent; Barr visited SDNY that day and subsequently visited Rupert Murdoch at his home. SDNY showed unusual concern for the privacy of third parties as Parnas tried to share more information with the House Intelligence Committee. And Bill Barr has not recused in spite of a clear conflict and a request from Parnas.
  • Halkbank: Barr tried to pre-empt an indictment of Turkey’s Halkbank with a settlement.

Timothy Shea, District of Columbia: While Berman worked for several years without any show of corruption, that’s not true of Timothy Shea, a trusted Barr aide. The very first day he started work — having been installed by Barr with just a day’s notice — he started questioning the guidelines sentence of Roger Stone, who has promised to remain silent about details of Trump’s involvement in his efforts to optimize the release of emails stolen by Russian. Then, Shea worked with Bill Barr to reverse the guidelines sentence recommended by career prosecutors. In addition, Shea’s appointment coincided with the start of a “review” of other prosecutions and investigations of Trump associates in DC including, but not limited to, Mike Flynn and Erik Prince.

Confirmed US Attorneys “review” investigations into Trump and his associates

John Durham, Connecticut: In May 2019, Barr ordered John Durham to conduct an investigation into the origins of the Crossfire Hurricane investigation of Trump associates’ ties to Russia. He predicated the investigation, explicitly, on the absence of evidence. In clear contrast to the Mueller investigation, DOJ has produced no documentation regarding the scope of the investigation (including whether Durham could pursue crimes by Trump’s associates or even Barr himself if he found evidence of a crime), and Barr has remained personally involved, completely negating the entire point of appointing a US Attorney to conduct the investigation. Republicans have described the point of this investigation as an effort to discredit the Mueller investigation. It has included the following:

  • Bill Barr’s worldwide tour chasing the hoaxes rolled out through George Papadopoulos via the right wing echo chamber
  • Some disinformation likely fed via Rudy
  • The legitimate criminal investigation of FBI Attorney Kevin Clinesmith, the actual venue for which should be Washington DC
  • CIA’s 2016 determination — confirmed by more recent intelligence collection and reviewed approvingly by the Senate Intelligence Committee — that Russia not only wanted to hurt Hillary, but help Trump in the 2016 election
  • Communications between John Brennan and Jim Comey and Andrew McCabe

Jeffrey Jensen, Eastern District of Missouri: The “review” Jeffrey Jensen is conducting of DC US Attorney cases seems to couple with Durham’s investigation. It reportedly is second-guessing decisions made by prosecutors on the Mike Flynn and Erik Prince investigation, as well as other non-public investigations. The review is almost certainly assessing rumors started by known propagandists that have already been investigated three times, including by FBI’s Inspection Division, rumors already reviewed and dismissed in a meticulous 92-page opinion from Emmet Sullivan. This “review” seems to have been part of the installment of Shea at DC and may amount to an attempt to thwart investigations that Jessie Liu let proceed without political interference.

DOJ diverts disinformation from Rudy Giuliani to another confirmed US Attorneys

In recent weeks, Barr has appointed Scott Brady, US Attorney for Western District of Pennsylvania, to vet incoming information from Rudy’s foreign influence peddling in Ukraine. It’s unclear whether Barr did this to try to make something out of that disinformation, or to prevent evidence that might support foreign influence peddling charges against Rudy from getting to prosecutors in SDNY.

Richard Donoghue, Eastern District of New York: Donoghue is apparently “handling certain Ukraine-related matters.” In connection to that, Jeffrey Rosen put Donoghue in charge of coordinating all investigations that pertain to Ukraine,

to avoid duplication of efforts across Offices and components, to obviate the need for deconfliction at a later stage of potentially overlapping investigations, and to efficiently marshal the resources of the Department to address the appropriate handling of potentially relevant new information.

That in and of itself is not problematic. But by putting Jensen in charge of intake, presumably before it gets to Donoghue, Rosen has ensured that information that — because it is disinformation — would be incriminating to Rudy, not Joe Biden (or anyone else).

DOJ prevents full investigation of Ukraine complaint

Barr and his DOJ engaged in multiple acts of obstruction of the Ukraine complaint. First, Barr did not recuse from a complaint mentioning him by name. Then (knowing that Barr was personally implicated), DOJ did not conduct a full assessment of the whistleblower complaint, which would have identified a tie to the SDNY investigation of Lev Parnas and Igor Fruman. Then OLC invented an excuse not to share whistleblower complaint with Congress, which resulted in a significant delay and almost led Ukraine to make concessions to obtain aid. Then, DOJ did not share whistleblower complaint with FEC as required by Memorandum of Notification. Finally, DOJ made a comment claiming Trump was exonerated, precisely the abuse — speaking about ongoing investigations — that Jim Comey got fired for.

Bill Barr Commits the Bruce Ohr “Crime”

Far be it for me to ever underestimate the possibility of Bill Barr nefariousness (and I’ll almost certainly have to eat these words), but I’m far less concerned about what Barr said the other day about a process to ingest Ukrainian bullshit from Rudy Giuliani than virtually everyone else. That’s because in his comments from the other day, he emphasized the import of vetting information from Ukraine, whether it comes from Rudy Giuliani or anyone else.

We have to be very careful with respect to any information coming from the [sic] Ukraine. There are a lot of agendas in the [sic] Ukraine, there are a lot of cross-currents, and we can’t take anything we receive from the [sic] Ukraine at face value. And for that reason we had established an intake process in the field so that any information coming in about Ukraine could be carefully scrutinized by the department and its intelligence community partners so that we could assess its provenance and its credibility. That is true for all information that comes to the Department relating to the [sic] Ukraine including anything Mr. Giuliani might provide.

This sounds like the kind of thing you’d do to placate your boss even while ensuring DOJ doesn’t accept a bunch of disinformation manufactured by mobbed up oligarchs to mess with America.

The WaPo’s report that Barr is sending all this to the US Attorney in Pittsburgh suggests Barr neither wants this stuff in Main DOJ but also is not sending it to either of the two places — John Durham’s inquiry or the SDNY prosecution of the Ukrainian grifters — where it might be used in an ongoing investigation.

A Justice Department official said Giuliani had “recently” shared information with federal law enforcement officials through the process described by Barr. Two people familiar with the matter said the information is being routed to the U.S. attorney’s office in Pittsburgh.

[snip]

It is not clear whether Scott W. Brady, the U.S. attorney in Pittsburgh, will play a similar role, or why his office was chosen. A spokeswoman for Brady’s office declined to comment.

So while I hope (again, probably over-optimistically) that this is just a convenient way to deal with a difficult boss and his criminal subject attorney, I also worry that it’s not being shared with the people investigating such information sharing as illegal foreign influence peddling.

Plus, it strikes me as a unbelievably hypocritical for Bill Barr to continue to ingest dodgy information probably sourced to corrupt oligarchs after the entire frothy right has demonized Bruce Ohr for continuing to accept information — some but not all of it sourced to Oleg Deripaska — from Christopher Steele.

Admittedly, no one can complain about the basis for which DOJ’s Inspector General relied on to make a completely irresponsible attack on Ohr — that he didn’t inform his superiors (even though they had, in fact, been informed). Barr is the boss! He has chosen who should deal with this information, in a way that Sally Yates and Rod Rosenstein did not.

But Barr is, nevertheless, doing what the frothy right complains that Ohr did: continue to accept problematic information — deemed partisan (inaccurately in the case of Ohr, because his information sharing with Steele long preceded the DNC project and much of what he shared during and after that involved entirely unrelated topics) — after it had been discredited.

Perhaps, along with issuing orders that suggest Trump can commit any crime he wants between now and November 2020, Barr should issue an order explaining how DOJ should accept such information — including manufactured dirt from Steve Bannon — as a rule, so we can stop working under different rules for different parties.

SDNY Prosecutors Protect Trump’s Privacy to Enter into a Joint Defense Agreement with the Russian Mob

Whooboy is there an interesting flurry of motions over in the Ukrainian grifter prosecution. Effectively, SDNY prosecutors and (two of) Lev Parnas’ co-defendants want to slow him from sharing information with HPSCI. The letters include:

  • January 17: Parnas asks to modify the protective order a third time
  • January 22: Igor Fruman lawyer Todd Blanche says he has an attorney-client interest in some of what Parnas wants to and has already shared
  • January 22: Andrey Kukushkin lawyer Gerald Lefcourt says he just wants a privilege review
  • January 23: SDNY says Parnas should not be able to share iCloud information he obtained via discovery without review
  • January 24: Parnas lawyer Joseph Bondy makes a quick argument asserting they should be able to share the information
  • January 24: Bondy responds to Fruman letter at more length
  • January 27: Blanche responds again, invoking Dmitry Firtash to speak on behalf of unnamed others

The dispute started when Parnas asked to share content that the FBI seized from Parnas’ iCloud account and then provided to him in discovery. He listed just 11 Bates stamp numbers in the initial request, but it’s unclear what kind of files these are. In response, the lawyer that Fruman shares with Paul Manafort, Todd Blanche, objected to that request, and also asked to “claw back” any privileged materials that Parnas already produced to HPSCI (remember that Victoria Toensing has already complained that Parnas has violated privilege). Blanche makes a dig at Parnas’ media tour:

My obvious concern is that Mr. Bondy’s hasty efforts to find a forum (beyond MSNBC and CNN) for someone —  anyone — to listen to his client’s version of events caused him to irresponsibly produce privileged materials to the HPSCI.

One of the two other co-defendants, Andrey Kukushkin, weighed in — having been alerted by SDNY that, “its filter team identified materials in Mr. Parnas’ iCloud account that may fall within a common-interest attorney-client privilege held jointly by Mssrs. Kukushkin, Parnas, and aothers” — and stated that he did not object to Parnas sharing information “if all privileged materials can be removed from Mr. Parnas’ iCloud account prior to production to HPSCI.”

Having thus cued Parnas’ co-defendants to submit complaints, SDNY then weighed in, objecting to Parnas’ request. They invoke two reasons for their objection. The first poses interesting Fourth Amendment considerations; effectively SDNY argues that Parnas’ warrant return from Apple includes material that Parnas never possessed (and some material he deleted that only still exists because prosecutors obtained a preservation request).

The materials at issue include records that, as far as the Government knows, were never in Parnas’s possession. For instance, the data produced by Apple includes deleted records (which may only exist because of the Government’s preservation requests), account usage records, and other information to which a subscriber would not necessarily have access. The form of the report, which was created by the FBI, was also never in Parnas’s possession.

[snip]

Additionally, to the extent Parnas seeks to produce his own texts, emails, photographs or other materials, he should have access to the content stored on his iCloud account through other means: he can simply download his own iCloud account and produce it to HPSCI (and in fact, it appears he has already done so).

[snip]

To the extent that Parnas has deleted materials from his iCloud account, the Government is willing to work with counsel to ensure that Parnas can produce his own materials that are responsive to the Congressional request to HPSCI. To that end, the Government respectfully submits that Parnas’s counsel should identify for the Government any specific chats, emails, photographs, or other content Parnas is unable to access from his iCloud currently, but whic exist within the discovery that has been produced to him and in his view are responsive to the Congressional subpoena.

I find that stance interesting enough — basically a reverse Third Party doctrine, saying that subscribers aren’t the owners of the information Apple has collected on them, at least not in the former that FBI reports it out.

It’s the other objection I find most interesting. SDNY prosecutors — including one of the ones who argued against broad claims of privilege in the Michael Cohen — objects because the data from Parnas’ iCloud,

[I]t public disclosure still has the potential to implicate the privacy and privilege interests of third parties and co-defendants.

It then argues that requiring Parnas to specifically request content that he already deleted,

would also permit his co-defendants to raise any concerns with respect to their privilege or privacy interest prior to the materials’ release.

SDNY’s prosecutors are arguing that Parnas can’t release his own iCloud material because of other people’s privacy interests!! As if it is the place for SDNY’s prosecutors to decide what HPSCI considers proper levels of disclosure!!

I’ve been giving SDNY the benefit of the doubt on this prosecution, assuming that as prosecutors they would push back against any Bill Barr attempt to protect Rudy (though not the President). But this alarms me. It seems like SDNY is using Fruman — who is in a Joint Defense Agreement with Rudy — to speak for Rudy’s interests.

After making a cursory response to SDNY, Bondy responded in more detail to Fruman. In it, Bondy makes the kind of argument about the limits of privilege you’ll almost never see a lawyer make.

[T]he burden is on the party asserting the attorney-client privilege to first establish that there was: 1) a communication; 2) made in confidence; 3) to an attorney; 4) by a client; 5) for the purpose of seeking or obtaining legal advice. The part asserting attorney-client privilege has the burden of conclusively proving each element, and courts strongly disfavor blanket assertions of the privilege as “unacceptable.” In addition, the merre fact that an individual communicates with an attorney does not make the communication privileged.

There are also instances in which the attorney-client privilege is waived, including when the substance of otherwise privileged communications are shared with third parties, when the communications reflect a criminal or fraudulent intent between the parties, when the communications are part of a joint–yet conflicted–representation, and in cases where the parties to a joint defense have become adverse in their interests. 

Bondy then goes on to add that HPSCI “does not recognize attorney-client privilege,” which may be why, at about the time these letters were breaking, Jay Sekulow was on the floor of the Senate haranguing Democrats for not respecting that privilege (which Sekulow suggested was in the Bill of Rights). He uses that stance to suggest SDNY is making a claim that violates separation of powers.

From there, Parnas goes on to disavow any privilege shared in his brief Joint Defense Agreement with the Russian mob, in part based on discussions about his initial response to the HPSCI subpoena having been shared more widely.

Mr. Parnas waives all privilege with respect to the communications he had with Mssrs. Dowd and Downing. Furthermore, the substance of his and Mr. Fruman’s legal representation appears to have been shared with third parties, including Jay Sekulow, Rudolf Giuliani, John Sale, Jane Raskin, and others. … As the Court may know, Mssrs. Sekulow, Raskin, and Giuliani are also attorney for President Trump. Mr. Giuliani and the President have interests divergent from Mr. Parnas’s wish to cooperate with Congress and the Government. Mr. Parnas believes that his and Mr. Fruman’s ostensibly joint representation by Attorneys Dowd and Downing was conflicted and intended from its inception to obstruct the production of documents and testimony responsive to lawful congressional subpoena.

[snip]

Here, Attorney Dowd undertaking a joint representation of Mr. Parnas and Mr. Fruman — with the President’s explicit permission — constituted an actual conflict of interest at the time and appears designed to have obstructed Mr. Parnas’s compliance with HPSCI’s subpoenas and any ensuring efforts to cooperate with congressional investigators or federal prosecutors.

Bondy ends by saying it’s up to those claiming a conflict to invoke it.

Bondy makes it fairly clear: he believes the privilege SDNY has set Fruman up to object to involves Rudy and Trump, neither of whom are in a position to object, particularly given that if they do, Bondy will argue that Parnas believes their grift might be criminal and therefore the privilege doesn’t apply.

So instead of the President and his lawyer claiming that Parnas’ release of this material will violate privilege, Fruman does.

Mr. Fruman has reason to believe that the Production Material contains privileged information belonging to Mr. Fruman and others.

He invokes only the consultation of their shell company, Global Energy Producers, with [Rudy’s former firm] Greenberg Traurig in conjunction to substantiate a common attorney-client interest, then nods to more:

This is but one example, and there are many more, but certainly the privilege issues implicated by the repeated amendments to the Protective Order are far more expansive than the attorney-client relationships identified in Mr. Bondy’s letter.

Fruman then complains that he cannot — as Parnas has said he must do — invoke privilege because he’s not in possession of the materials (just the taint team and Parnas have them).

The best part is where, still faced with the problem that the people whose privilege is at issue (Rudy and Trump) cannot politically invoke it, Fruman finds someone else whose privilege, he says, has been violated: Dmitry Firtash.

Mr. Fruman is not the only person whose privilege information is at risk. For example, Mr. Parnas has represented that he was employed as a translator for Victoria Toensing and Joseph DiGenova in connection with their representation of Dymitry Firtash. Clearly, any materials Mr. Parnas received as a translator assisting attorneys in the representation of Mr. Firtash would be protected by attorney-client privilege. And that privilege would be held by Mr. Firtash, the client, not Mr. Parnas.

It’s increasingly clear what Parnas and Bondy are up to: They’re trying to make it politically (and given the OLC memo prohibiting the indictment of the President) bureaucratically impossible to pursue further charges. If everything recent Parnas did was done for the President, he shouldn’t be the only one facing prosecution for it.

Fruman, meanwhile, seems to be the sole member of the Joint Defense Agreement with the Russian Mob who is a party here, trying to prevent his position from deteriorating by speaking for all the affected parties, only without naming Rudy or Trump (presumably backed by the same old pardon promises Trump always uses to get witnesses against him to take the fall).

What’s not clear is what SDNY is up to. Because it sure seems like they’ve used Fruman to protect Trump’s and even Rudy’s interests.

Judge Oetken scheduled a hearing for Thursday to resolve all this. Which may be too late for Parnas’ play.

Dick Cheney’s Apprentice Strikes

John Bolton may lack the courage of Marie Yovanovitch, Jennifer Williams, Fiona Hill, or Alex Vindman. But he learned the art of bureaucratic murder from the master, Dick Cheney. And so it is that after the President’s lawyers have already laid out their defense, it magically happened that NYT learned the damning details about Ukraine in the draft of Bolton’s book that would make his testimony in the impeachment trial monumental.

Apparently, the book describes:

  • In an August meeting about releasing the aid, Trump said he didn’t want to release it until Ukraine sent all documents pertaining to Biden and Hillary
  • Mike Pompeo knew Rudy’s allegations about Marie Yovanovitch were false and believed Rudy may have been working for other clients when he floated them
  • Bolton told Bill Barr that he was mentioned in the call in July; Barr has claimed he only learned that in August
  • Contrary to Mick Mulvaney’s claims, the Chief of Staff was present on at least one call with Rudy
  • Bolton, Pompeo, and Secretary of Defense Mark Esper counseled Trump to releasee the aid almost a dozen times

The details I most relish — not least because Dick Cheney hurt the country using his bureaucratic skills but included none of them in his autobiographical novel — are there bureaucratic details.

Mr. Bolton’s explosive account of the matter at the center of Mr. Trump’s impeachment trial, the third in American history, was included in drafts of a manuscript he has circulated in recent weeks to close associates.

[snip]

White House officials … said he took notes that he should have left behind when he departed the administration.

Bolton has notes. And “close associates” of his have drafts of the manuscript.

Bill Barr may be sending FBI agents out to pick up Bolton’s notes as they went to pick up Jim Comey’s memos detailing Trump’s damning behavior, but at this point, I think Bolton could instead send them to NARA to comply with the Presidential Records Act. And if Barr goes after Bolton, I assume his friends will release the drafts.

Plus, there are several other ways this can get out. Bolton has just won himself an invitation to testify to SDNY about Rudy (and Pompeo may have as well). The House could go after Bolton for investigations of everyone else he implicated — Pompeo, Barr, Mulvaney — all of whom deserve to be impeached themselves.

Already, a significant majority of voters want the Senate to call witnesses like Bolton. Now, if they don’t so they can acquit, it will make this a bigger story going forward.

Propaganda and Flattery: Jack Posobiec Parrots Adam Schiff’s Case for Impeachment

Several members of the frothy right have listened to the recording Igor Fruman made of a dinner with Trump in April 2018 and declared that Parnas and/or Fruman must be a spy.

And while neither of these men seem to have figured out that Fruman, not Parnas, reportedly made this recording, their assessment is not as crazy as most frothy conspiracies. After all, the government has very pointedly not denied that it had a FISA order on one or another of the grifters (one that Bill Barr would probably have known about if not approved personally). If the government did have a FISA order, it means the FBI showed the FISA court there was probable cause that one of these guys was clandestinely working as an agent of a foreign power. And WSJ suggested that the reason SDNY is not interested in a cooperation deal with Parnas is because he will not admit he got Marie Yovanovitch fired — precisely the ask recorded on this video — at the behest of some Ukrainian.

At a meeting with prosecutors from the Manhattan U.S. attorney’s office late last year, people familiar with the matter say, Mr. Parnas’s attorney disputed that he pushed for the removal of the U.S. ambassador to Ukraine at the behest of a Ukrainian official—one of the charges in the campaign finance indictment.

So prosecutors, this time, appear to suspect that Jack Posobiec may be right, that when Parnas and Fruman made this recording they were working as clandestine agents of a foreign government.

Mind you, Posobiec and Benny Johnson, having not even figured out that Fruman made the recording yet, have assuredly not thought through what this means.

It means that someone they believe is a “spy” could gain direct access to Donald Trump with no more than the promise of a $325,000 campaign donation. It means that a “spy” could incite Donald Trump to take a certain policy action — one that happens to be one that corrupt oligarchs in Ukraine and Russia would support — with no more than a bunch of lies about what the US Ambassador had said. It means that these “spies” further managed to become business partners with the President’s defense attorney. One of these “spies” even managed to become an auxiliary member of the President’s Mueller defense team, privy to sensitive secrets about how he would successfully obstruct that investigation.

Having made Rudy Giuliani their agent, these “spies” managed to use him to supplant the beliefs of the US government, not just the professional Deep State, but a bunch of solidly Republican Trump appointees up to and including John Bolton. It means these “spies” used Rudy to get Trump to believe conspiracy theories ginned up by foreign government officials. And it means these “spies” managed to get the President to take actions that gave Russia an advantage in their war against Ukraine.

With little more than propaganda and flattery — and some money laundered through a shell company — these “spies” managed to alter the stated policy of the United States. That is the direct implication of Posobiec’s allegation.

As it happens, that’s precisely the same argument House Impeachment Manager Adam Schiff made on Friday (h/t Crooks & Liars for the video).

Admittedly, Schiff was focusing on a slightly different set of propaganda talking points, that Ukraine interfered in the 2016 election rather than Russia. But the model by which President Trump came to reject the conclusion of our intelligence community and instead parrot the words that Vladimir Putin gave him are the same: flattery and propaganda.

I’m sure you remember this. It was I think unforgettable for every American. But I’m sure it was equally unforgettable for Vladimir Putin. I mean, there he is, the President of Russia, standing next to the President of the United States, and hearing his own Kremlin propaganda talking points coming from the President of the United States.

Now, if that’s not a propaganda coup I don’t know what is. It’s the most extraordinary thing. It’s the most extraordinary thing. The president of the united states standing next to the president of Russia, our adversary, saying he doesn’t believe his own intelligence agencies. He doesn’t believe them. He’s promoting this crazy server theory cooked up by the Kremlin. Right next to the guy that cooked it up. It’s a breathtaking success of Russian intelligence. I don’t know if there’s ever been a greater success of Russian intelligence.

Whatever profile Russia did of our president, boy, did they have him spot on. Flattery and propaganda. Flattery and propaganda is all Russia needed. And as to Ukraine, well, they needed to deliver a political investigation to get help from the United States. I mean, this is just the most incredible propaganda coup.

Because as I said yesterday, it’s not just that the President of the United States standing next to Vladimir Putin is reading Kremlin talking points. He won’t read his own national security staff talking points but he will read the Kremlin ones. But it’s not just that he adopts the Kremlin talking points. That would be bad enough. It is not bad enough, not damaging enough, not dangerous enough to our national security that he’s undermining our own intelligence agencies. It’s not bad enough that he undermines those very agencies that he needs later that we need later to have credibility.

[snip]

How do you make that argument as the President of the United States when you just told the world you trust the Russians more than your own people? You trust Rudy Giuliani more than Christopher Wray. How do you make that case? If you can’t make that case what does that mean to our security? But that’s not the end of it. It’s not just a propaganda coup. It is not just the undermining of our agencies.

It is also that the buy-in to that propaganda meant that Ukraine wasn’t going to get money to fight the Russians. I mean, that’s one hell of a Russian intelligence coup. They got the President of the United States to provide cover for their own interference with our election. They got the President of the United states to discredit their own intelligence agencies, to drive a wedge between the United States and Ukraine, the President of the United States to withhold aid from Ukraine in a war with Russia, in a war claiming Ukrainian lives every week.

Has there ever been such a coup? I would submit to you in the entire length of the Cold War the Soviet Union had no such success, no such success and why? Because a former mayor of New York persuaded a president of the United States to sacrifice all of that. Was it worth it? I hope it was worth it. I hope it was worth it. For the president. Because it certainly wasn’t worth it for the United States.

To be sure, Posobiec has barely started to figure out that grifters with some laundered money and sweet talk can get this President to adopt policies contrary to those Congress and Trump’s entire national security establishment think is best. He’s far from adopting Schiff’s view that a President who can be manipulated so easily by flattery and propaganda is unfit to be President. He presumably still believes that Trump can’t be impeached for extorting Ukraine campaign assistance because, as President, Trump can set whatever policy he wants; if Posobiec believes that, though, he should account for the fact that someone he believes is a “spy” got Trump to adopt that policy.

But Posobiec has nevertheless made the same argument that Schiff made Friday: that what he sees on this recording is a “spy” who managed to get close to Trump, tell him something guaranteed to trigger his narcissism, in response to which Trump took action.

The Significance of the Trump-Firing-Masha Recording

Yesterday morning, ABC and then Daily Beast revealed that there was a recording of the April 2018 meeting where Lev Parnas got Trump to say he would fire Marie “Masha” Yovanovitch simply by suggesting she was bad-mouthing Trump. Then, last night, Parnas’ lawyer Joseph Bondy appeared on Rachel Maddow’s show again, and provided more details of the recording.

It is about 1:40 hours long, and the firing reference comes after 40 minutes.

Bondy’s interview made two things clear:

  • By April 2018 — when Trump’s administration made Javelin missiles available to Ukraine provided that they not use them against Russia, reportedly in exchange for Ukraine’s halt to any cooperation with the Mueller inquiry — Trump was interested in how vulnerable Ukraine could be made by withdrawing US support. Half an hour, Parnas told Trump Ukraine could resist the Russian incursion without US help, based on what, we don’t know.
  • Lev Parnas probably did not fully comply with the HPSCI subpoena.

I’m as interested in the claimed story about how the recording came about.

Igor Fruman — the guy whose deep connections in Ukraine, including with some mobbed up businessmen, Parnas claims to have networked through — made the recording. That led most people to assume that Fruman released it, and therefore is cooperating, something for which there is no support.

There are at least three other possible sources for the recording.

First, SDNY seem to be suggesting that Parnas and Fruman were working for an as-yet unnamed Ukrainian to get Masha fired. That makes all the smiling pictures that the men posted with Trump and other powerful Republicans feel like a kind of reporting system, perhaps the same one Maria Butina was using. Such social media posting would be a good way to make it clear to whoever is footing the bill for such an operation that the grifters are obtaining the meetings promised. If so, the recording (and other similar ones) might serve a three-fold purpose:

  • It can serve as blackmail against Trump and others, just as it’s being used now
  • It collects intelligence about the security around Trump (Fruman reportedly took a video of the two of them entering the meeting)
  • It assures the paymaster of this operation that he’s getting what he paid for

Remarkably, we don’t yet know what Ukrainian was allegedly paying the grifters. It could be Dmitro Firtash (who last fall gave Parnas’ wife “a loan” that she could use to buy a house that, because it’d be in Florida, could not be seized as forfeiture). Given that Kevin Downing was involved in Parnas and Fruman’s defense, it could be any of Ukrainians who paid Paul Manafort after he entertained a plan to carve up Ukraine on August 2, 2016, which include Serhiy Lyovochkin and Rinat Akmetov, the former of whom used a straw donation to attend Trump’s inauguration. Or it could be one of the dodgy businessmen around Fruman. All had and have an incentive to try to reverse Ukraine’s efforts to combat corruption, and so would value the removal of Masha. [Update: I’m missing two other obvious candidates — Yuriy Lutsenko and Viktor Shokin — though much of the reporting on their interest in taking her out focuses on 2019 efforts that are more closely tied to dirt on the Bidens. Update: Fixed where the allegation that a Ukrainian was directing their efforts.]

Any of those people might have reason to release the recording. In the same way that Oleg Deripaska was pushing FBI to investigate Paul Manafort even as he was using Manafort’s desperation to try to coerce him to become his asset again, including to carve up Ukraine, anyone trying to compromise Trump can use his efforts to beat impeachment to make him more reliant on Ukrainian discretion about any deals they’ve made. Plus, by making Trump’s corruption and compromise clear even as Republican Senators vote against doing anything about it, it ensures that every single federally elected Republican has been implicated in this operation. So it’s possible the recording came from the paymaster.

It’s also possible it came from SDNY’s notoriously leaky FBI. The ABC reporters who first released it include DOJ beat journalists, so it would make sense that they’d have FBI sources. But I doubt it, not least because an FBI source would have had reason to leak it before yesterday.

But there is another possibility: that Parnas was the source, but he and Bondy lied about it early in the day (and okayed its release while Bondy was on MSNBC’s set, with a natural alibi he expressly noted), to create a cover story for releasing the recording without admitting that Parnas had not fully complied with the HPSCI subpoena but was belatedly, just yesterday, providing a copy of the recording to HPSCI. Bondy claimed it had been on Parnas’ iCloud all the time, but he had forgotten he had it.

Bondy was more aggressively questioned last night, in part by Chuck Rosenberg and Maya Wiley. But neither confronted Bondy on reports that, in discussions with SDNY last month, he had maintained Parnas’ claim that he was innocent of the existing charges against him: that he was paid and directed by the still-unnamed Ukrainian to get Masha fired. Neither raised that prosecutors have repeatedly said they expect to file more charges against the grifters, likely including (because FBI likely obtained a FISA order against one of them) foreign agent charges, which undercuts Bondy’s claim that Parnas is not seeking a cooperation deal because the existing charges against him don’t have that serious a sentencing range.

Bondy offered some explanation for why Parnas had not searched his iCloud because he had to make sure SDNY had gotten their evidence first. That sounds like a load of baloney. After all, SDNY would have been able to obtain Parnas’ iCloud account with a warrant to Apple (given that Apple decided not to encrypt iCloud after previously considering it, that means some really damning information on Trump is just sitting on a server in Cupertino or somewhere). The recording was over 18 months old when Parnas was arrested. So SDNY had had it, likely, for some time. Moreover, SDNY had told Parnas they had their discovery collected on December 3, which means Bondy could have provided this record — and anything else that was always available to Parnas — even before the phone records. Bondy now is claiming that Parnas was injured with a delay in discovery, because it delayed his ability to cooperate with HPSCI, which is totally undermined by any admission that Parnas had never even searched his iCloud (and still may not have) for information related to the HPSCI subpoena.

All of which suggests Parnas is trying to carefully manage what he’s sharing with HPSCI, presumably focusing on the latter period of his work to get Masha fired, when he could claim to be doing Rudy Giuliani’s bidding, and not the earlier part, when prosecutors claim he was working for some Ukrainian. For better and worse, that likely means that Rudy is at least partly a victim of Parnas, someone who was desperate and weak and easily manipulated into doing really stupid things — just like Trump — who could then be claimed as the real actor behind this operation.

In a sane world, both parties would take a step back and agree that our quisling President and his fawning lackeys were an easy mark. We’d talk about how to unwind whatever damage Trump has done to himself and the country.

But we don’t live in a sane world and Republicans are about to defend Trump’s right to be manipulated by grifters and spies as his Constitutional prerogative.

How Many Other Grifters and Spies Have Incredibly Damning Recordings of Donald Trump?

In Lev Parnas’ interview with Rachel Maddow, he confirmed a previously reported story that in April 2018, he incited President Trump to try to fire Marie Yovanovitch by (falsely) telling Trump that the Ambassador was badmouthing him.

For days, Republicans have been dismissing such claims, in part by emphasizing that Parnas (like Trump) is under indictment.

It turns out that Parnas has receipts, in the form of a recording of the incident someone shared with ABC.

A recording reviewed by ABC News appears to capture President Donald Trump telling associates he wanted the then U.S. Ambassador to Ukraine Marie Yovanovitch fired – and speaking at a small gathering that included Lev Parnas and Igor Fruman — two former business associates of Trump’s personal lawyer Rudy Giuliani who have since been indicted in New York.

The recording appears to contradict statements by President Trump and support the narrative that has been offered by Parnas during broadcast interviews in recent days. Sources familiar with the recording said the recording was made during an intimate April 30, 2018 dinner at the Trump International Hotel in Washington, D.C.

Trump has said repeatedly he does not know Parnas, a Soviet-born American who has emerged as a wild card in Trump’s impeachment trial, especially in the days since Trump was impeached.

“Get rid of her!” is what the voice that appears to be President Trump’s is heard saying. “Get her out tomorrow. I don’t care. Get her out tomorrow. Take her out. Okay? Do it.”

On the recording, it appears the two Giuliani associates are telling President Trump that the U.S. ambassador has been bad-mouthing him, which leads directly to the apparent remarks by the President. The recording was made by Fruman according to sources familiar with the tape.

[snip]

Parnas appears to say: “The biggest problem there, I think where we need to start is we gotta get rid of the ambassador. She’s still left over from the Clinton administration,” Parnas can be heard telling Trump. “She’s basically walking around telling everybody ‘Wait, he’s gonna get impeached, just wait,” he said.

According to the Daily Beast, Igor Fruman made the recording.

A recently-indicted associate of Rudy Giuliani taped President Donald Trump calling for the firing of Ukraine Ambassador Marie Yovanovitch, according to the lawyer for a second Giuliani associate.

Joseph Bondy, a lawyer for Florida businessman Lev Parnas, told The Daily Beast that the recording was made by former partner Igor Fruman. Both men were arrested in October and charged with campaign finance violations.

TDB also quotes Fruman’s lawyer refusing to comment about the recording. That may be because he is in a joint defense agreement with Rudy Giuliani (and by association the President). Which means this recording came from someone else, either Congress or Parnas himself (though he has only modified the protection order for stuff on his own phones).

This is utterly damning for the President’s claims — which were transparently false — that he didn’t know Parnas.

But they’re also an indication of how easily Trump can be put into compromising situations. April 2018, when this exchange occurred, was just a month after Parnas and Fruman started buying their way into elite crowds with Donald Trump. It was weeks before they gave $325,000 to Trump’s SuperPAC (which, given that they are accused of buying this access in order to get Yovanovitch fired, sure looks like payoff). And they were reportedly doing this at the behest of a still as yet unnamed Ukrainian.

Yet they had to do little more than lie about Yovanovitch to get Trump to order that she be fired. While Republicans in the Senate may not give a damn, the video will, at a minimum, make it harder for Bill Barr to protect the president.

So on top of everything this does for Trump’s legal woes, this video raises real questions about who else has such damning recordings of Trump. Mar-a-Lago has already been demonstrated to be a nest of spying. And Trump has chosen not to bring handlers with him into key meetings with foreign leaders — including, but not just, Putin.

I promise you, this is not the only utterly damning recording of the President out there.

The question is what those who have such damning recordings are doing with the leverage they give over the President.

Lev Parnas’ Own Delays Ensured His Evidence Couldn’t Be Considered in the House Investigation

In an update on discovery for Judge Paul Oetken, the government fairly predictably debunked Lev Parnas’ claim to have cooperated fully with prosecutors. They describe how Parnas delayed receiving that discovery, both by refusing to turn over the passwords for the devices seized by the government, and by waiting 16 days before providing the government a hard drive on which to obtain the evidence.

In a letter filed on January 20, 2020, counsel for defendant Parnas suggested that the Government has purposefully delayed the production of discovery to Parnas in order to frustrate his ability to comply with a subpoena or document request from the House Permanent Select Committee on Intelligence (“HPSCI”). Such a suggestion is baseless and completely belied by the facts. The two largest sources of delay with respect to the Government’s ability to produce the contents of Parnas’s devices to him—including an iPhone 11 that he produced (without objection from the Government) to HPSCI on January 12, 2020—are directly attributable to Parnas himself. First, Parnas declined to provide the password to his devices, which is of course his right, but which required the FBI to spend nearly two months unlocking the iPhone 11. The Government has yet to access many of the other password-protected devices seized from Parnas, although the FBI’s efforts to unlock them are ongoing. Second, when the Government did unlock several of Parnas’s devices in early December 2019, the Government asked Parnas’s counsel on December 3, 2019 to provide a hard drive on which to produce discovery, as the Government does in every case and with every defendant. However, Parnas’s counsel did not produce such a hard drive until December 19, 2019, shortly before the Christmas holiday, and more than two weeks after the Government had requested the drive. The Government produced the iPhone 11 to Parnas on December 31, 2019. However, Parnas’s counsel was unable to figure out how to open the device extraction on his own computer, so the Government made available a paralegal and technical expert—during the holidays—to sit with Parnas’s counsel to troubleshoot his technical issues. The Government has and will continue to work with defense counsel to facilitate each defendant’s access to discovery and to make discovery available as expeditiously as possible.

The type, source, and timing of the delay significantly debunks Parnas’ claims to want to be totally forthcoming in impeachment.

Consider the timing. Parnas was arrested on October 9 of last year. It took him some days to get a lawyer who wasn’t ordering him to take the fall for the President, but he did so by October 18. That was five days before Matt Gaetz — still in Trump’s good graces — stormed the HPSCI SCIF to try to delay ongoing depositions. On October 31, the House authorized an impeachment proceeding. On November 21, HPSCI voted to adopt the Democratic report on its investigation.

In a letter submitted to the court today, Parnas claims he first started asking for his discovery so he could respond to the House subpoena on November 6.

Between November 21 and 23, days after HPSCI wrapped up impeachment, Lev Parnas first started talking about cooperating. But even then, Parnas was offering deliberately erroneous stories about Devin Nunes’ interactions with him, reversing the relationship between himself, John Solomon, and Nunes, thereby hiding (as his most recently press blitz has downplayed) the extent to which he is orchestrating this echo chamber, not responding to it.

Even as Parnas was claiming, publicly and privately, he wanted to cooperate with HPSCI, he was delaying any such cooperation by withholding the passwords to his devices.

And all the while, FBI was working on breaking into his iPhone 11 — a phone that Parnas must have gotten just weeks before he was arrested, as it was only released on September 20 — for which he had refused to provide the password. (Note, nothing we have seen nothing that necessarily came off a phone purchased on September 20 or later, though we have seen a calendar entry for September 26. Though he presumably copied everything over.) Though, significantly, we now know the FBI is taking more time cracking Parnas’ other devices (thus far he has turned over the iPhone, an iPad, and a Samsung phone) than with the latest model iPhone, which the government has confirmed it cracked on December 3, meaning it took about 55 days to open.

That day, December 3, SDNY told Parnas’ lawyer that the content of some of the devices they had seized was available and he should come get it. Parnas provided the government with a thumb drive to get the contents of the phone, but not a hard drive.

The House voted out articles of impeachment on December 18.

It was the very next day when Parnas’ lawyers provided DOJ with a hard drive to obtain the first batch of discovery.

Parnas claims that because of technical problems, they ultimately used a thumb drive to get the phone contents, on December 31. Given other reports, that came after SDNY refused to have Parnas cooperate if he wasn’t willing to plead guilty to the main existing charge against him. Thereafter, his attorney moved quickly to ask to amend the protective order to share with HPSCI. That was on January 3, and they’ve made several deliveries since then.

Given competing complaints about the technical details for obtaining the phone, it seems both sides were to blame. The government may have also refused to provide the phone on a thumb drive to try to push him to cooperate.

Parnas’ delay may have stemmed from defense strategy. For example, a desire to try to plead out the case before going public like this. Parnas’ priority absolutely should be on minimizing his prison time.

There was a real delay that Parnas appears to have chosen, for whatever reason. Notably, Parnas happened to ensure, by taking 16 days to give the government a hard drive on which to obtain evidence, that he could not have received discovery to respond to his House subpoena until literally the day after the House voted out articles of impeachment. Parnas’ evidence may well be very useful — though in November and in his recent press blitz, he downplayed the degree to which he started this whole campaign in 2018, well before Rudy got involved, so it’s clear we’re not getting the full truth, and the delay may well have given him a way to cherry-pick what he provides to Congress.

Whatever he’s up to, Parnas has been stalling for time.

Update: In a new letter, Parnas makes clear that they tried to obtain just the iPhone on a thumb drive, right on December 3. Accordingly, I have updated this post to reflect that both sides blame each other.

  • At 5:39pm, Defense Counsel contacted the Government to confirm that our proposed request for the Court to order the Government to disclose when it had first cracked Mr. Parnas’s iPhone did not breach the protective order between the parties.
  • The Defense had made this request regarding the date of extraction in writing on January 1, 2, 4, 6, 10, 13, 2020, and by phone on a number of other occasions. Notwithstanding these multiple requests, the Government consistently refused to answer.
  • At 5:45, after speaking with AUSAs Donaleski and Roos by phone, per their request, we e-mailed them the parts of our letter that were potentially at issue. • At 6:15pm, AUSAs Zolkind and Roos returned our call, indicating they had no objection to the letter, and would be filing a discovery update letter addressing this issue in part. The call ended at 6:23pm.
  • At 6:19pm, while on the phone with AUSAs Zolkind and Roos, AUSA Donaleski filed the Government’s discovery update letter by ECF, including a self-serving footnote regarding the production of Mr. Parnas’ iPhone 11. In its letter, the Government still failed to identify with specificity when the phone had first been extracted.
  • At 6:41 pm, we filed the letter we had been discussing with the Government.
  • At 8:23pm, AUSA Donaleski filed another letter with the Court, complaining about our filing, and for the first time informing that the iPhone had been extracted on December 3, 2019.

 

Lev Parnas Says Bill Barr Should Recuse … But Doesn’t Say Why

In this post, I laid out why Lev Parnas’ current publicity tour may not be as insane, from a defense standpoint, as it seems. I laid out how Barr would have significant ability to protect potential co-conspirators of Parnas — starting with Rudy and extending to Rudy’s client. I explained how Barr’s veto authority over some of this might limit Parnas’ ability to cooperate his way out of his legal problems, and at the very least increases the chance he’s stuck holding the bag for various plots that include far more powerful people. Most interesting, however, were the ways Parnas hinted at but stopped short of implicating Barr in the plot by suggesting,

  • He had been told, by Rudy and others, they had spoken to Barr about all this
  • He had witnessed Rudy and others speaking to Barr about all this
  • He might have texts proving Barr’s involvement, but couldn’t remember whether that was the case or not

To be clear: Parnas is obscuring the degree to which he insinuated himself in Trump’s circles to make all this possible. He is pretending everything he did was ordered by powerful Americans, when the evidence suggests otherwise. So it might not serve justice for him to try to cooperate with prosecutors (because he could well be the most responsible). But I’m beginning to understand how pursuing this angle might be a reasonable defensive approach.

Today, Parnas’ lawyer Joseph Bondy just sent a request to Barr requesting his recusal, copying it to his docket.

It actually flubs the argument it tries to make about how impeachment relates to this criminal case, describing how both the July 25 Trump-Zelensky call transcript and the whistleblower complaint mention Barr over and over, without mentioning that Parnas and Igor Fruman were also incorporated in the whistleblower complaint by repeated reference to this article, which includes the influence peddling for which the grifters were already indicted. That is, the case is far stronger than this letter lays out, because both Parnas and Barr were named in the whistleblower complaint.

Worse still, this letter doesn’t talk about any of the things Bill Barr’s DOJ has done that obstructed full investigation of the complaint:

  • Scoping the assessment of the complaint to specifically avoid connecting the complaint to the investigation of Parnas and Fruman
  • Not sharing the complaint, as required by MOU, with the FEC, which would have led the FEC to tie the complaint to the pre-existing investigation it had of Parnas and Fruman
  • Getting OLC to invent reason to withhold the complaint from Congress, which if it had been successful would have prevented all investigation of these activites

In short, the actions of DOJ overseen by Barr, not just his mention in the complaint and ties to Victoria Toensing and Joe DiGenova, mandate his recusal. But for some reason (perhaps because that would be more aggressive than even Bondy is willing to go), Bondy doesn’t include those actions.

Most interestingly, Bondy doesn’t include any of the allegations Parnas had made publicly about Barr’s potential more direct role. Nor does he answer the question of whether or not Parnas has texts more directly implicating Barr.

What Bondy does do, in the wake of the press blitz he has choreographed, is note that “evidence has been brought to light linking you further to your long-time colleagues Victoria Toensing and Joseph DiGenova, as well as to Mr. Giuliani, which undoubtedly creates at least the public appearance of a conflict of interest.” I mean, there is, absolutely, the appearance of a conflict of interest, but Bondy was the one who brought all that evidence to light!

Finally, though, Bondy suggests, with uncertain veracity, that SDNY has done things that suggest a purported conflict has already harmed Parnas.

In addition to harmful perceptions, this conflict of interest appears to have caused actual harm to Mr. Parnas who, given delays in the production of discovery in his federal case, was rendered unable to comply with a duly-issued congressional subpoena in time for congressional investigators to make complete use of his materials or properly assess Mr. Parnas as a potential witness. Furthermore, prosecutors have, thus far, refused to meet with Mr. Parnas and to receive his information regarding the President, Mssrs. Giuliani, Toensing, DiGenova and others–all of which would potentially benefit Mr. Parnas if he were ever to be convicted and sentenced in his criminal case.

For better and worse, getting FBI to image a bunch of phones and return them to a defendant within three months including two major holidays is not that long a wait. It took two months before Special Master Barbara Jones first started making privilege designations in the Michael Cohen case (involving one of the same prosecutors), and that was an even more politically sensitive case than this one. So while mentioning the delay is useful for Democrats (especially when the Senate tries to refuse to hear Parnas’ testimony because it didn’t get turned over in time), and valuable from a defense standpoint as it lays groundwork for appeal, it’s not a real injury on the part of prosecutors.

With regards to prosecutors’ refusal to meet with Parnas about cooperating against his possible co-conspirators, as the WSJ reported yesterday, late last year Bondy failed to convince SDNY that Parnas was not — as accused in his indictment — directed by a still-unnamed Ukrainian official to try to oust Marie Yovanovitch.

At a meeting with prosecutors from the Manhattan U.S. attorney’s office late last year, people familiar with the matter say, Mr. Parnas’s attorney disputed that he pushed for the removal of the U.S. ambassador to Ukraine at the behest of a Ukrainian official—one of the charges in the campaign finance indictment.

This is another way of saying that Parnas is unwilling to plead to the allegations in the existing indictment, and may also suggest that while Parnas is happy to incriminate Rudy and his American buddies, he’s not willing implicate his original boss, whoever that might be. So prosecutors likely have good reason not to meet with Parnas to hear him implicate Rudy and friends (not least, because they already have this documentary evidence that implicates them anyway, and now Parnas is providing whatever testimony they might need on the Rachel Maddow Show).

Bondy is absolutely right: Bill Barr should have recused from this — and all review of the whistleblower complaint — back in August when it was clear he was named. Even assuming Barr took no action on any of this influence peddling, this goes well beyond just the appearance of conflict to known participation in known events — such as the meeting with Rudy that DOJ admitted to only last week after covering it up for months — that merit recusal.

But Bondy is also being less than candid with his letter, playing the public docket as much as he is making a real legal request.